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The scientific article is dedicated to characterizing the role of the Commissioner for the European Court of Human Rights (ECHR) in the public administration system in the sphere of justice in Ukraine. It is emphasized that the Commissioner for the ECHR is formally defined as an official of the Ministry of Justice of Ukraine, and the position is characterized by features of both political and administrative posts (civil service positions). It is highlighted that the Commissioner for the ECHR performs tasks and functions in interaction with the ECHR and the Committee of Ministers of the Council of Europe, as well as with domestic bodies, local government bodies, enterprises, institutions, organizations, and others. The tasks and functions of the Commissioner for the ECHR are proposed to be classified based on several criteria, such as the content of activities (representative, coordination-executive, informational, etc.); subjects with whom relations are carried out (those performed in interaction with foreign and domestic entities); the level of the management system at which they are implemented (those performed at the central and regional levels), etc. The activities of the Commissioner for the ECHR are supported by an institutional system within the apparatus of the Ministry of Justice of Ukraine and its interregional administrations, and in relations with the ECHR and the Committee of Ministers of the Council of Europe, receive assistance from the Ministry of Foreign Affairs of Ukraine through the Permanent Representation of Ukraine to the Council of Europe. The Commissioner for the ECHR is represented both at the central level of the public administration system in the sphere of justice (the Commissioner for the ECHR as an official of the Ministry of Justice of Ukraine and the Secretariat of the Commissioner for the ECHR at the department level of the Ministry of Justice of Ukraine) and at the regional level (representatives of the Commissioner for the ECHR and regional departments of the Secretariat of the Commissioner for the ECHR at the respective interregional administrations of the Ministry of Justice of Ukraine). [ABSTRACT FROM AUTHOR]

It is noted that the concept of the presumption of innocence is a fundamental element of the modern legal system and a key principle of criminal law. According to this principle, every individual is considered innocent of committing an offense until their guilt is established in accordance with the law and confirmed by a court verdict. This principle serves a dual function: on the one hand, it ensures the protection of the rights of the accused, and on the other hand, it serves as a mechanism to deter potential abuses by state authorities. Thus, the presumption of innocence contributes to ensuring the fairness of the judicial process and strengthens public confidence in the le gal system as a whole. The article is devoted to the study of specific issues of the principle of presumption of innocence in the context of international criminal law. The author examines its enshrinement in international legal documents and application in the practice of international judi cial institutions. The paper analyzes certain aspects of the presumption of innocence, including its interpretation by the European Court of Human Rights as a fundamental principle of justice and a specific right of the accused. Particular attention is paid to the consideration of the presumption of innocence as an objective legal provision, rather than a subjective opinion of the partic ipants in the process. The author explores the differences in the formulation of the principle of presumption of innocence in various international documents and their impact on the procedures for applying and refuting this principle. Key decisions of the European Court of Human Rights that interpret and apply the relevant provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms are examined. The author emphasizes the importance of this principle as a guarantor of fairness and objectivity in international criminal justice. The work contains a review of scientific sources, demonstrating the complexity and multifaceted nature of the issue of presumption of innocence in international law. Based on the analysis conducted, there is a need for further research and adaptation of this principle to ensure its effectiveness in the context of the development of international criminal justice. [ABSTRACT FROM AUTHOR]

The article is devoted to the problematic issues of regulation of judicial control during consideration of applications for permission to conduct covert investigative (detective) actions and use their results for other purposes, in terms of ensuring the right to a fair trial guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The principle of fairness of a trial is interpreted in certain judgments of the European Court of Human Rights as the proper administration of justice, the right of access to justice, equality of parties, adversarial nature of the trial, reasonableness of the trial, etc. The construction of Article 6 of the Convention indicates the existence of the following key elements of the right to judicial protection: 1) the right to a hearing; 2) fairness of the hearing; 3) publicity; 4) reasonable time; 5) hearing by a court established by law; 6) independence and impartiality of the court. The author examines the key issues affecting the objectivity of court decisions in this area, imperfections of the procedures provided for in the criminal procedure legislation in terms of ensuring the fairness of the trial, reasonableness and motivation of the court decision. Special attention is paid to the problems of ensuring the independence and impartiality of the court as a factor that significantly affects the legality of such decisions, and the author suggests ways to improve the effectiveness of judicial control in this area. According to the author the legal regulation provided for by criminal procedure legislation in the area of judicial control over covert investigative (detective) actions, both in terms of consideration of applications for permission to conduct activities related to interference with private life and the use of the information obtained in another criminal proceeding or for another purpose, does not ensure compliance with the guarantees of the right to a fair trial provided for in Article 6 of the European Convention. Along with the need to take effective measures aimed at ensuring the independence of the judiciary and the impartiality of judges, criminal procedure legislation also needs to be improved. In particular, the article suggests that reforms should be aimed at overcoming "formalism" in the course of consideration of applications for permission to conduct covert investigative (detective) actions. [ABSTRACT FROM AUTHOR]

This article examines the role and relevance of the introduction of judicial precedent as a source of law in Ukraine, which is related to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter -- the Convention), Decisions of the European Court of Human Rights (hereinafter -- the ECHR) and judicial practice of national courts. The opinion is substantiated that the introduction of judicial precedent as a source of law in Ukraine will have positive consequences for the legal system of Ukraine and will provide additional protection of human rights and freedoms. Prospects for the possible introduction of judicial precedent as a source of law and important institutional changes that can lead to a complete transformation of the current system are determined. In connection with this, the issue is analyzed, and a generalized characteristic is given regarding the role of court precedent in advanced countries, such as Switzerland, Poland, and France. The properties of the legal systems of the world, the peculiarities of the use and status of the Convention, and the judicial practice of the ECHR in Ukraine are also considered. The article presents an analysis of scientific research by advanced scientists and lawyers who formed a professional view on issues related to judicial precedent and possible reform of the current legal system. A generalized description of the concept regarding the nature and features of judicial precedent as a source of law is provided. Simultaneously, the author of the article notes that the issue of defining the conceptual place and fundamental perspective of judicial precedent in the legal system of Ukraine is very relevant and important for Ukraine, as it is related to the protection and provision of rights and freedoms of man and citizen. Accordingly, special attention is paid to the fact that this issue should be resolved at the legislative level, as this will help to avoid collisions, misunderstandings, and possible duplication of norms. Moreover, the introduction of legislative innovations and reforms requires the generation of an appropriate legal bridgehead with the possible training of cour ts. Thus, the author concludes that the main consequences of the introduction of judicial precedent as a source of law will be the following: stability and predictability of the legal system, increasing the independence of the judicial branch of government, borrowing the best international experience, unification, and harmonization of current judicial practice, respectively, additional protection of rights and civil liberties. [ABSTRACT FROM AUTHOR]

It is stated that, according to the standard of proof beyond a reasonable doubt, if there is proof beyond a reasonable doubt of the defendant's guilt, it is sufficient for a conviction, and it is also undisputed that such a reasonable doubt must be evaluated according to the evidentiary difficulties of the particular case, as well as according to the crime committed. . The standard of proof beyond a reasonable doubt is the most acceptable standard in criminal proceedings for a fair trial. At the same time, indicating the need for courts to use this standard of proof, the legislator does not define its concept and does not reveal its meaning. Reasonable doubt is a frequently used term that is probably well understood but difficult to define. It is not merely a possible doubt, as everything related to human activity that depends on evidence that gives rise to moral certainty is subject to some possible or imaginary doubt. Reasonable doubt, then, deals with a state of affairs that leaves the judge's mind in such a state that he cannot say that he feels a firm conviction that gives rise to moral certainty about the truth sought. If there is a reasonable doubt as to the proof of guilt, the accused is entitled to the benefit of the presumption of innocence and to be acquitted. Thus, evidence must establish the truth of the facts in a way that produces reasonable or moral certainty, that is, a certainty that convinces, guides understanding and satisfies the minds and judgements of judges. This, he concludes, is what counts as proof beyond a reasonable doubt. The adoption of the standard of proof beyond a reasonable doubt reflects the high degree of probability required to develop the personal certainty (conviction) necessary for the purposes of conviction in criminal proceedings (guilt beyond a reasonable doubt), ultimately if there is sufficient evidence of a criminal act, and not, it should be emphasised, complete, total or absolute proof. The article examines the legal positions of the Criminal Court of Cassation as part of the Supreme Court and the European Court of Human Rights with regard to determining the content of the standard of proof 'beyond reasonable doubt' in criminal proceedings. In the doctrine of criminal procedure, the concept and content of the standard of proof 'beyond reasonable doubt' is the subject of considerable attention of procedural scholars. [ABSTRACT FROM AUTHOR]

The article offers update on significant international environmental law developments from 2023 to 2024. These include application of the European Convention on Human Rights to the issue of climate change in Verein Klimaseniorinnen Schweiz and others v. Switzerland in the European Court of Human Rights, advisory opinion on climate change by the International Tribunal for the Law of the Sea, and diplomacy on climate change and other global environmental challenges.

The article deals with the implementation of the decision of the European Court of Human Rights in the case "Polyakh and Others v. Ukraine", which concerns the dismissal of civil servants in accordance with the Law of Ukraine "On Purification (Lustration) of Power" of September 16, 2014. It is noted that this decision had a large public impact resonance. To fulfill it, Ukraine must pay the debt collectors compensation and take additional measures of an individual nature; take measures of a general nature. The application of the decision of the European Court of Human Rights in the case "Polyakh and Others v. Ukraine" to the implementation of the compensation payment did not cause obstacles, just as there are no obstacles for the payment of compensation to debt collectors, since the funds for such payments are in a special budget program. The most difficult is the implementation of the decisions of the European Court of Human Rights in terms of taking measures of a general nature: making changes to the current legislation and the practice of its application; making changes to administrative practice; provision of legal examination of draft laws; provision of professional training on the study of the Convention and the practice of the Court of prosecutors, lawyers, law enforcement officers, workers of immigration services, other categories of workers whose professional activity is related to law enforcement, as well as to keeping people in conditions of deprivation of liberty; other measures to be determined - subject to supervision bythe Committee of Ministers of the Council of Europe. The general measures taken by Ukraine to implement the decision of the European Court of Human Rights in the case "Polyakh and others v. Ukraine" have been analyzed. Attention is focused on the fact that, unlike the lustration laws of other Council of Europe member states, the Law of Ukraine "On Purification (Lustration) of Power" has a wider scope of application and is aimed at achieving two different goals - the protection of society from persons who, due to their behavior in the past can harm the newly created democratic regime and the cleansing of state authorities from persons who were involved in large-scale corruption. A legal assessment of the approach used by the state - preservation of automatic lustration - is given and a conclusion is drawn regarding its compliance with the norms of the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950. [ABSTRACT FROM AUTHOR]

The rapid expansion of information technology in recent decades has deeply influenced various societal domains, including the legal landscape. This impact is particularly notable in substantive criminal law, where new phenomena have emerged, and in criminal procedural law, where innovative tools have been introduced to facilitate the gathering of essential information for fair and efficient legal processes. Among these tools, modern recording technologies, encompassing visual, audio, or audiovisual formats, have gained prominence for their role in documenting events and serving as evidence in criminal proceedings. Governed by legal frameworks such as Article 10(21) of the Code of Criminal Procedure, these recordings are classified as information and technical means when meeting specified criteria, primarily serving as crucial evidence sources capturing sound, images, or their combination. However, challenges arise when parties involved in criminal proceedings independently procure such recordings, aiming to present them to law enforcement or the court discreetly and confidentially. This necessitates a clear differentiation between recordings obtained within the procedural framework, regulated by Article 114 of the Code of Criminal Procedure, and those obtained externally. Establishing such distinctions is pivotal for upholding the integrity and legality of evidence presented in criminal proceedings, ensuring fairness and transparency in the pursuit of justice. In this paper we will analyze the concepts of inadmissibility and legality of evidence in the context of criminal proceedings. The aim is to highlight their interrelation and to distinguish their key aspects. The focus will be on the issue of private recordings as evidence. We will analyse the conditions under which a private recording can be used as evidence in criminal proceedings. We will take into account the relevant case law of the courts and the European Court of Human Rights. This paper comprehensively analyses the issue of admissibility and legality of evidence in criminal proceedings, with particular emphasis on private recordings as evidence. The paper should provide a comprehensive overview of the issue and help in solving practical questions that arise in this context. [ABSTRACT FROM AUTHOR]

This essay examines, from a legal and economic perspective, the judicial response to rent controls in the EU focusing on three courts that operate at the fundamental rights and constitutional level: the European Court of Human Rights (ECtHR), the German Federal Constitutional Court (BVerfGE), and the Italian Constitutional Court. Based on an analysis of a sample of judicial decisions rendered over time, a convergent trend emerges: these Courts have recognized and effectively protected the landlord's property rights against rent controls that were disproportionate and could not ensure a reasonable return on investment. This trend is prominent in the jurisprudence of the ECtHR: the Strasbourg Court has contributed to reshaping the distribution of power between tenants and landlords, encouraging the transition of Eastern and Southern European Countries to the common European housing market. In both upholding and striking down rent control measures, judges generally take market value and the comparative reference price as the preferred benchmarks for fair rent price. A consumption-based and financial characterization of housing, coupled with the fundamental right to derive economic benefits as core elements of the right to property, underpin the legal reasoning of the three Courts. [ABSTRACT FROM AUTHOR]

Since Opuz v. Turkey (2009), the European Court of Human Rights (ECHR) delivered over a dozen judgments in which it examined domestic violence through the prism of gender-based discrimination. Apart from the individual circumstances of the cases, the Court considered the general approach to domestic violence in the defendant states, searching for a large-scale structural gender bias. Hence, although the Court has not directly referred to the notion of "structural discrimination" in relation to domestic violence, it engaged in unveiling this problem within the state parties. Building on the case law of the Court, the article presents and systemizes information that may prove structural gender discrimination in domestic violence cases. It navigates potential applicants through the Court's interpretation and indicates arguments and sources that may support their claims. In particular, it discusses what kind of data and information may demonstrate the general, discriminatory attitude of the authorities towards domestic violence and what sources the applicants may use while seeking the evidence. [ABSTRACT FROM AUTHOR]

The European Convention on Human Rights (ECHR) is widely recognized for its protection of civil and political rights. However, it has fewer explicit provisions for social and economic rights. The majority of social and economic rights also apply to the right to work. The ECHR indirectly protects certain social and economic rights, or at least social and economic interests, which have garnered attention. The Convention can be said to protect at least some aspects of the right to work. This is especially true for negative obligations and non-discrimination obligations. This article provides an overview of the right to work and discusses how case law offers protection for its components. [ABSTRACT FROM AUTHOR]

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This article examines the regulatory framework related to human trafficking in Hong Kong and identifies its deficiencies as the lack of an accepted internationally compliant definition of trafficking and the absence of any specific criminal offence of trafficking as a result. The article compares the approach taken in Hong Kong to efforts undertaken in Europe by the Council of Europe, the UK, and the European Union and identifies several lessons from the European experience that could help rectify failures observed in Hong Kong. In particular, effective combatting of human trafficking requires not only a definition of the offence that recognises the essential elements--an "act," a "means," and a "purpose" of exploitation--but also the establishment of sufficient state institutions and agencies dedicated to identifying and protecting trafficking victims. Without the detection of trafficking victims, criminals engaged in the act of trafficking perceive their chances of being caught and prosecuted as low and operate with impunity. This necessitates the adoption of a consistent and readily identifiable criminal offence of "trafficking" aligned with the approach taken by the Palermo Protocol, just as the EU and UK have done. [ABSTRACT FROM AUTHOR]

Enshrining a right to abortion in the constitution – functions and effects of constitutionalisation – the fundamental nature of abortion and its link to core principles of constitutionalism – the instrumental-procedural function of constitutionalisation – limits to protection of abortion rights at the level of the European Court of Human Rights – unpredictability of judicial interpretation of fundamental rights – constitutional design pathways to specify the content and scope of a right to abortion – the potential of the standstill principle [ABSTRACT FROM AUTHOR]

Bosphorus doctrine of equivalent protection activated when states implement strict international organisations' obligations – EU principle of mutual trust requires executing member states to presume issuing member states' human rights compliance – Presumption influences the Bosphorus doctrine's application – The European Court of Human Rights drew four relevant scenarios (full discretion; strict obligations; qualified discretion; EU law breach) – Case law consistent with Bosphorus logic but unfair to applicants – Court's subsequent recalibration of 'strict obligations' requirement renders it moot, empties Bosphorus doctrine of its substance and equally undermines mutual trust regimes – Absence of equivalence of mutual trust regimes or EU accession to the ECHR as sole remedies [ABSTRACT FROM AUTHOR]

The role of social movements and civil society actors in rights advancement has been frequently emphasised. The assumption is that legal mobilisation by civil society actors works towards the extension of rights and the emancipation and advancement of justice for distinctive (minority) groups in society. While traditionally, socio-legal attention on social movement and civil society actions around rights promotion was particularly prominent in the US, for some time now the European context has also been approached from such a socio-legal lens. However, a one-sided, liberal–progressive understanding of social mobilisation around rights has, importantly, been put to the test by recent manifestations of societal actors. Conservative actors tend to (1) promote a restrictive interpretation or a radical reinterpretation of existing rights (e.g. abortion, free speech), (2) limit the diffusion of new rights (e.g. the rights to euthanasia or legalizing surrogate maternity) and/or (3) call for the interruption of the further extensions of rights (e.g. with regard to same-sex marriage, LGBTIQ issues). The analysis of legal mobilisation by such conservative right-wing actors indicates that mobilisational repertoires are strikingly similar to those of liberal actors. This article will discuss the notions of civil society and legal mobilisation and call for a rethinking of these concepts, in part because of the increasing manifestation of societal actors that are in contrast to the traditional liberal paradigm. The article will subsequently engage in a detailed study of one such actor – the Polish legal think tank Ordo Iuris (OI) – with regard to its third-party or amicus curiae interventions at the European Court of Human Rights (ECtHR), stressing the difference of orientation of such interventions from those of liberal actors and also indicating dimensions of ambivalence and similarity in their approaches. [ABSTRACT FROM AUTHOR]

This paper analyses the growing litigation before the European Court of Human Rights (ECtHR) by conservative European Non-governmental Organizations (NGOs) who exploit legal opportunities and other advocacy tactics. These actors oppose the liberal insistence on permissive individual freedom, minority rights and mandatory vaccination. Instead, they promote the sanctity of life, traditional values and harsh terrorism penalties. In this study we show that conservative legal mobilisation is not only related to litigation but also covers the execution of certain ECtHR judgments and the nomination of some European judges. We analyse their tactics using legal and sociolegal methodology (interviews, analysis of legal documents and jurisprudence and network analysis) to characterise their influence on the European human rights system and the reactions of the Council of Europe. We reflect on the moral values claimed by conservative NGOs and their liberal counterparts by analysing how powerful private actors, driven by material and moral interests, take creative initiatives that shape or reshape case law and its politicisation through alliances with so-called 'illiberal' and 'populist' states. [ABSTRACT FROM AUTHOR]

The article examines the use of Open Source Intelligence (OSINT) in military operations abroad within the framework of International Humanitarian Law (IHL) and International Human Rights Law (IHRL). It emphasizes the significance of intelligence in military operations and the benefits of OSINT, while also addressing the legal aspects and the need for clarity on privacy rights in armed conflicts. The text suggests ways for states to provide clarity on the interpretation of IHL rules and privacy rights by incorporating their interpretations into military manuals and national guidance. The author, Marten Zwanenburg, a professor of military law, acknowledges the collaborative efforts that contributed to the article. [Extracted from the article]

• Susanna Marinelli 1, Francesca Negro 2, Maria Cristina Varone 2, Lina De Paola 2, Gabriele Napoletano 2, Alessandra Lopez 3, Simona Zaami 2*, Giuseppe Basile 4. • The article aims to shed a light on the unique complexities inherent in surrogacy and the legal-ethical challenges that currently exists even in many advanced democracies, which frequently result in uneven and ill-defined standards and processes. • The recent proposal of making surrogacy a "universal crime" has prompted us to better analyze the topic and its ethical and legal implications. • Legislative harmonization at the international level is essential to prevent the cross-border surrogacy trend. The "universal crime" draft bills appear to be difficult to enforce and too vague to be credible at the moment. The article aims to shed a light on the unique complexities inherent in surrogacy and the legal-ethical challenges that currently exists even in many advanced democracies, which frequently result in uneven and ill-defined standards and processes. The recent proposal of making surrogacy a "universal crime", meant to prevent cross-border surrogacy, i.e. travels by citizens from countries where it is illegal to countries where it is legal, has also been weighed, by exploring the current legislative state of affairs, trends and future horizons. Recent case-law has been analyzed and interpreted, with a close focus on Italian Supreme Court ruling n. 38162, issued on 30th December 2022 and European Court of Human Rights (ECtHR) rulings issued over the past decade. Uncertainty and ill-defined norms and court rulings risk harming the rights of children, surrogate mothers and intended parents. So far, court decisions have somehow filled the legal vacuum, considering that cross-border surrogacy is not specifically regulated in many countries and the status of children born abroad is still controversial. The views and judgments of supranational courts on the issue need to be accounted for when drafting new specific legislation. It is of utmost importance to uphold the rights of children born through surrogacy abroad, whose best interests risk being damaged. Legislative harmonization at the international level is essential to prevent the cross-border surrogacy trend. The "universal crime" draft bills appear to be difficult to enforce and too vague to be credible at the moment. [ABSTRACT FROM AUTHOR]

Four years after the murder of George Floyd and the global Black Lives Matter protests, racial profiling not only remains prevalent in law enforcement practices in- and outside Europe, but takes on new forms in the wake of technological developments enabling large scale data analysis and the use of algorithmic risk profiles. A few years ago, the European Court of Human Rights (ECtHR) first dealt explicitly with the issue of racial profiling in the twin cases of Basu v. Germany and Muhammad v. Switzerland. More recently, the ECtHR held in Wa Baile c. Suisse that Switzerland had violated the prohibition of discrimination by subjecting the applicant to racial profiling at Zürich train station, as part of a police action to apprehend persons without a valid residence permit. 1 While these judgments, especially in Wa Baile, go some way towards securing international State accountability for racial profiling, they also illustrate the difficulties of fighting such profiling as a form of structural discrimination under the ECHR. Meanwhile other human rights bodies, at the European and international levels, have both acknowledged the structural nature of racial profiling and published numerous policy guidelines and recommendations for positive State action to ensure non-discriminatory law enforcement. Yet, to date all of these instruments remain at the level of soft law. Despite the ECtHR's recent efforts, European human rights law thus does not impose legal obligations on States to actively prevent and combat racial profiling. This column signals this gap, and considers some of the pros and cons of adopting a European Convention against Racial Profiling. [ABSTRACT FROM AUTHOR]

This article explores the complex debate surrounding healthcare providers seeking to express their religious beliefs through the wearing of religious attire considering critical legal, ethical, and practical aspects. Drawing insights from the jurisprudence of the European Court of Human Rights and European Court of Justice, it sheds light on the implications for healthcare settings. The study highlights the sensitivity of the healthcare context, where specific arguments surface, such as the debated significance of religious neutrality given the vulnerability of patients and concerns about health and safety. Difficulties may arise when patients feel discomfort when treated by visibly religious healthcare providers. However, patients' preferences regarding the religious neutrality of healthcare providers cannot be generalised, especially when considering the needs of certain minoritised communities. Furthermore, questions can be raised about the admissibility of potentially accommodating prejudice through prohibitions on religious dress. The article further examines hygiene and safety arguments used by healthcare institutions to restrict religious attire, arguing that while health and safety standards are crucial, scientific support for outright bans is limited, especially considering the possibility of reasonable adjustments. The central theme is the necessity for balanced considerations while upholding religious freedom and prioritising patient care, with particular emphasis going on the idea that the needs of patients cannot be generalised. [ABSTRACT FROM AUTHOR]

The article is devoted to clarifying the peculiarities of the international and European standards of regulation of the institute of whistleblowers. It was found that whistleblowers play an important role in detecting violations that can cause significant damage to society, accordingly, international and European standards protect not only the right of every person to disclose information of public interest, but also the rights of persons who report such information (whistleblowers). It has been established that the concept of «whistleblower» is most widely interpreted by Directive 2019/1937 of the EU and the Council of the EU on the protection of persons who report violations of Union legislation. It was determined that the standards for the protection of the rights of whistleblowers, but only in the field of corruption, are contained in the UN Convention against Corruption, the Criminal Convention on the Fight against Corruption, the Civil Convention on the Fight against Corruption, among them, in particular, the duty of the states that have joined them to determine the competent authority(ies) for reporting whistleblowers and the ability to provide them with the protection they need. At the same time, attention is focused on the fact that EU Directive 2019/1937, in contrast to the mentioned acts, more broadly defines the standards for the protection of whistleblower rights, in particular: it extends its effect simultaneously to the private and public sectors, provides for the protection of not only persons who report violations, but also of persons who contributed to such a report, relatives, colleagues of whistleblowers, etc., as well as persons who suffered from false reports of whistleblowers, which minimizes abuse of the latter's status (protection). The essential role of the ECtHR's practice in establishing standards for the regulation of the whistleblower institute is emphasized. It was found out that the ECtHR determines the very concept of «exposure» as one of the manifestations of freedom of expression, which is guaranteed by Article 10 of the Convention on the Protection of Human Rights and Fundamental Freedoms and provides for adequate protection for whistleblowers from arbitrary interference in the exercise of this freedom and retaliation for the consequences of its exercise. Analysis of the practice of the ECtHR shows that the court is gradually expanding the standards of protection of whistleblowers, emphasizing their role in exposing violations in various areas and protecting public interests. [ABSTRACT FROM AUTHOR]

The article examines the legal consequences of the defense's declaration of provocation of a crime. Based on the analysis of the practice of the European Court of Human Rights and the Supreme Court, the opinion was formulated that the declaration of the commission of a crime as a result of provocation by the defense gives rise to the corresponding obligations for the defense and the prosecution, as well as the court. It was analyzed that as a result of the influence of the precedent practice of the European Court of Human Rights, the practice of the Supreme Court began to form regarding the position of the defense on provocation of a crime, according to which the contradiction of the position of the defense, i.e. when the applicant denies the fact that he committed a crime and at the same time declares that he was provoked to commit it, is the basis for the court's refusal to verify such an application, citing the relevant reasons in the decision. Based on the study of the principle of adversariality of the parties in criminal proceedings, the thesis that it is the defense party that is obliged to prove the presence of provocation, to indicate which facts and circumstances confirm this with reference to specific evidence examined at the court hearing, is substantiated. In turn, the prosecutor, supporting public accusations, except for the circumstances specified in Art. 91 of the Criminal Code of Ukraine, guided by the standard of proof «beyond a reasonable doubt», is obliged to prove the absence of provocation of the crime. Failure to prove «beyond a reasonable doubt» the absence of provocation is equivalent to proving its presence and causes legal consequences in the form of an acquittal by the court. It has been proven that when one of the arguments of the defense side was the presence of provocation of a crime, the court is obliged to properly evaluate both the arguments of the defense side and the arguments of the prosecution regarding the presence or absence of such provocation. According to the results of the analysis of the decisions of the Supreme Court in which the lower courts did not evaluate the arguments of the defense about provocation, or formally evaluated them formally, it was concluded that this is a significant violation of the requirements of the Criminal Procedure Code, which prevented or could have prevented the court from adopting a legal and justified court decision. [ABSTRACT FROM AUTHOR]

The article addresses the issue of the possibility of retroactive effect of the results of judicial interpretation of criminal law in the context of its legal certainty. It is stated that the effect of a law in time is a manifestation of legal certainty. Predictability of a criminal law does not mean that this law should be understood equally by everyone and be certain and predictable for everyone. Accordingly, courts may interpret criminal law, the result of which should be predictable for the addressee. Based on the case law of the European Court of Human Rights, and also taking into account the theory of "legitimate expectations", which is widely used, in particular, by the Court of Justice of the European Union, and the activitybased approach to the study of legal phenomena, the author proves that the issue of retroactive effect should be resolved not only with regard to the criminal law itself, but also with regard to the results of judicial interpretation provided by the Supreme Court, which is objectified in the form of legal conclusions set out in the Supreme Court's rulings, which are binding on all public authorities which apply in their activities a legal act containing the relevant rule of law, and the conclusions on the application of the rules of law set out in the Supreme Court's rulings are taken into account by other courts when applying such rules of law. If the result of judicial interpretation interprets the criminal law provision that was applicable at the time of the criminal offense more «rigidly», it does not have retroactive effect. If such a result of judicial interpretation is more favorable for the person who committed the criminal offense compared to the interpretation that existed at the time of the criminal offense, then such a result has retroactive effect. The new result of a judicial interpretation of a criminal law provision may have retroactive effect if such interpretation was foreseeable for the addressee of the criminal law and did not violate his legitimate expectations or violate expectations that were not subject to protection for specific reasons. [ABSTRACT FROM AUTHOR]

The article is devoted to an in-depth analysis of the principle of cassation appeal in the administrative proceedings of Ukraine, its legal nature, significance, and place within the administrative law system. The author emphasizes that cassation appeal is an important component of the right to access justice, enshrined both in the Constitution of Ukraine and in international legal acts such as the Convention for the Protection of Human Rights and Fundamental Freedoms. The article examines in detail the evolution of legislation regarding cassation appeal, particularly the changes introduced in 2020 by Law of Ukraine No. 460-IX, which significantly affected the possibilities of appealing to cassation courts. Special attention is paid to the analysis of the new requirements for cassation appeals, which impose stricter conditions for filing cassation complaints. The author explores the so-called «cassation filters,» which were introduced to screen out appeals that lack significant legal merit, which on one hand reduces the workload on cassation courts, but on the other hand limits access to justice for certain categories of individuals. The article also highlights the problematic aspects of applying these filters, especially in minor cases and simplified proceedings. The practice of the European Court of Human Rights regarding cassation restrictions and their compliance with the principle of a fair trial, as enshrined in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, is analyzed. The article cites specific rulings of the European Court of Human Rights, which define the permissible limits of cassation appeal restrictions and the requirements for «cassation filters» from the perspective of international law. The study of this issue is extremely important given that legislative shortcomings may lead to an increase in applications to the European Court of Human Rights. A number of recommendations for further improving the cassation appeal mechanism are proposed, including ensuring greater transparency in determining the grounds for cassation review and guaranteeing equal access to the courts for all participants in the process. The emphasis is placed on the importance of maintaining a balance between the efficiency of the judicial system and the citizens' rights to defend their interests in court. [ABSTRACT FROM AUTHOR]

It is indicated that the category of duty, as opposed to the rights and freedoms of a person and citizen in the context of studying the content of the Convention and its interpretation in the practice of the ECtHR, has not yet become the subject of a comprehensive study. That is why we believe that the study of the understanding of the obligation in the content of the Convention and the corresponding practice of the ECtHR will be of urgent importance for legal science. The activity of the European Court of Human Rights on the application and interpretation of the Convention on the Protection of Human Rights and Fundamental Freedoms is increasingly gaining importance, particularly in the aspect of interpreting certain legal phenomena. The reason for this trend is the fact that the norms of the Convention on the Protection of Human Rights and Fundamental Freedoms are formulated extremely comprehensively from a content point of view, so their meaning in all the variety of content manifestations is revealed precisely in the practice of the European Court of Human Rights. The interpretative activity of the ECtHR is also of great importance for ensuring the principle of legal certainty. It is the interpretation of legal norms that allows the subject of law to understand their essence, purpose and purpose, as well as to correctly use such norms in certain legal situations. In addition, the interpretative activity of the Strasbourg Court is a tool for increasing the effectiveness of the implementation of convention norms and the level of protection of the legal rights and freedoms of a person and a citizen. And although the practice of the ECtHR does not provide us with definitions of legal obligation, it almost does not indicate its signs, however, responding to the dynamic development of social life, the ECtHR comes to more and more relevant interpretations of the studied concept. A clear example of this is the ECtHR's chosen approach to the interpretation of the state's obligations in the field of human rights, which provides for ever wider variations, without singling out exclusively negative or positive obligations. In addition, from the content of the Convention, we identified the concept of «ordinary civic duties» and gave them a description based on the judgments of the ECtHR. Finally, we emphasized the use in the practice of the ECtHR of the concept of «obligation of due diligence», which has not yet been properly developed in domestic science, but plays an important role in the doctrine of obligations. [ABSTRACT FROM AUTHOR]

This article seeks to present the problem of the personal identity of the human being as an important element of the right to one's private life being respected. The presentation is from the point of view of the guarantees related to the establishment of standards for the protection of human rights by the European Court of Human Rights in Strasbourg. Relevant for this reflection is the theoretical legal approach to this matter, with particular reference to the methods of interpretation of the European Convention on Human Rights. The article discusses the problem of understanding personal and social identity in a cultural context related to group and individual axiology. It presents historical determinants of the ideology of approaching the status of the individual within the state and the general standards of the right to have one's private life respected. Two key methods of interpretation for devising standards of protection, i.e. the evolutionary interpretation and the method of the cultural margin of assessment, are also analysed. Not only do these methods allow for taking changes in European social axiology into account, but they also allow for the distinctiveness of social axiology at the local level. From this perspective, an answer is given to the question, do the ECHR's standards for the protection of the right to respect for private life serve to reinforce the personal identity of a human being? [ABSTRACT FROM AUTHOR]

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Copyright of Public Law Studies Quarterly is the property of University of Tehran and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

One of the most challenging issues in the legal and political systems of countries is to consider a mechanism that can create a reasonable balance between protecting the interests of society on the one hand and respecting the private life of citizens on the other. Article 8 of the European Convention on Human Rights addresses this issue. In paragraph one of this article, the Contracting States are obliged to respect the private life of their citizens and in Paragraph two, while prescribing the interference of governments in the private life of citizens in certain circumstances, enumerates the requirements for this. The present study addresses the question of what is the meaning of private life in Article 8 of the European Convention on Human Rights and what are the requirements set forth in paragraph 2 of Article 8 of the Convention which allows governments to interfere in the private life of citizens? The study conducted in this article showed that private life is a broad and dynamic concept according to the European Convention on Human Rights, which encompasses various dimensions and is updated in accordance with cultural and social changes. The interference of the Contracting States in the private life of its citizens shall be permitted only if it is lawful, pursues a legitimate aim and is deemed necessary in the eyes of a democratic society. [ABSTRACT FROM AUTHOR]

When, at the enforcement stage, a European Union (' EU ') Member State's national court refuses to recognize and/or enforce a final intra-EU arbitration award rendered as per the ICSID Convention on the basis of the Court of Justice of the EU (' CJEU ')'s decision in Slowakische Republik v Achmea BV , the right to the peaceful enjoyment of possessions, guaranteed by article 1 of Protocol No. 1 (' A1P1 ') of the European Convention on Human Rights (the ' ECHR '), may be infringed. This article explores that issue. First, and by way of context, it explains the development of the so-called 'intra-EU objection' in the context of investor–State arbitration, culminating in the CJEU's seminal ruling in Achmea and its progenies. Second, it provides an overview of various efforts to enforce intra-EU awards post- Achmea , focusing on ICSID Convention awards that have cleared any post-award remedies under the Convention, and how national courts have approached this. Third, it details how A1P1 of the ECHR might apply to the non-enforcement of intra-EU ICSID awards—engaging in a detailed analysis of the tests that would be applied by the European Court of Human Rights in such an instance. Finally, it discusses the potential remedy before the Court and the consequences for a finding of violation. While this article is focused on final and enforceable ICSID Convention awards, the analysis may be relevant to other intra-EU enforcement scenarios, subject to the specific factual circumstances in those scenarios. [ABSTRACT FROM AUTHOR]

The document discusses the case of Fiona Mercer, a private-sector worker, who brought a claim against her employer for detriments related to her participation in lawful strike action. The UK Supreme Court ruled that Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 did not provide adequate protection for workers involved in lawful strikes. The Court declared Section 146 incompatible with Article 11 of the European Convention on Human Rights, highlighting the need for Parliament to address the gap in protecting workers' rights and trade union freedoms. [Extracted from the article]

It is already well known that a natural person or a non-governmental organization can submit applications to the European Court of Human Rights, pursuant to Article 34 of the European Convention on Human Rights, in the situation where they consider that his rights provided by the Convention and the additional protocols to the Convention have been violated. What is not so well known and disseminated in the legal world is the fact that the companies also have the right to introduce such requests and to invoke the violation of some rights from the Convention. One of the fundamental rights provided by the Convention, which can be invoked by the companies, is, contrary to any expectations, the right to private life, recognized by Article 8 of the Convention, which provokes discussions and presents a spectacular evolution from the perspective of the dynamic interpretation of the Convention as a „living instrument“. The essential object of Article 8 of the Convention is to protect the holder of the right against the arbitrary interferences by the national authorities. But, in such cases, limitations of the exercise of this right being allowed, in the Court's analysis regarding the necessity of the respective interferences in a democratic society, it must balance, on the one hand, the interests of the plaintiff companies, protected by Article 8 of the Convention, and, on the other hand, the interests of the states which are party to the Convention, protected by other provisions of the Convention and by the additional protocols. Observing that legislators and international jurisdictions cannot keep up with the evolution of society, in general, and with the new technologies, with the emergence of some new forms of restriction of the private or corporate life, we believe that new manifestations of private life could be identified in the future and could be subject to attention in order to be protected, this right being, obviously, a right that depends on the level of development of each individual society, from case to case being able to anticipate new updates of the sphere of protection of the right. Being a very broad topic, we will limit ourselves, in this study, only to the schematic and rational presentation, on the one hand, of the expansion of the scope of Article 8 of the Convention also regarding the companies and, on the other hand, of the findings of the Court with regard to the cases initiated by plaintiff companies. [ABSTRACT FROM AUTHOR]

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Copyright of Europarecht (05312485) is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The emanation of the concept of ordre public or public order in France is based on the principle of self-affirmation, and civil law of the republic against alien infringement. There has been a separation of the temporal and spiritual power in Europe that dates back to the concept of laïcité which was a concept established by the French revolution by its Civil Constitution of the Clergy 1791 and later consecrated into law in 1905. The issue of discrimination against Muslims has arisen because of the cultural discrimination in religious formalism, such as the prohibition against the burkini and rejection of religious dress in schools. This has been achieved by superimposing the code of laïcité upon the communities' expression of their laws and by upholding the concept of ordre public that is vigorous and stringent against the practices of the Muslim community. The concept of ordre public imposes conformity on the Muslims, reinforcing stereotypes and increasing Islamophobia in France. The argument of this article is that by legally enforcing the imposition of majoritarian customs the French state is ignoring the adoption of the comparative legal method and human rights that acknowledges normative pluralism that serves to eradicate the colonial prejudices that are restricting the understanding and application of tolerant approaches to religious expression. [ABSTRACT FROM AUTHOR]

This article explores the scope of the positive obligation deriving from the case law of the European Court of Human Rights (ECtHR) to criminalise forms of domestic psychological violence. This is primarily done by examining the implications of Volodina v Russia (No. 1) , Volodina v Russia (No. 2) and Tunikova and Others v Russia regarding the obligation in question. Additionally, this article addresses different legislative approaches towards the criminalisation of domestic violence that have been distinguished by the ECtHR and discusses whether they adequately criminalise domestic psychological violence. Some approaches appear ill-suited as they concern national offences that focus on serious incidents. Domestic psychological violence, on the other hand, can involve a course of conduct consisting of seemingly minor incidents. It is concluded that State Parties should review to what extent such forms of psychological violence are criminalised under their national criminal laws. [ABSTRACT FROM AUTHOR]

This article examines the European Court of Human Rights' approach towards restrictions on expression glorifying terrorist violence. This is done by situating the Court's case law against two objections to respective criminal offences: their inherent overbreadth and their incompatibility with the restraining demands of the 'harm principle'. In doing so, the article discusses how the 'harm principle' relates to the proportionality test and how the Court's categorisation of expression glorifying violence responds to the objection of overbreadth. In arguing that the tool of categorisation has not been determinative in driving the outcomes in relevant decisions, the article suggests that engaging the existence of a competing public interest and reviewing the admissibility of reasons for such restrictions would appropriately elevate the Convention standard. Finally, the article argues that inconsistencies across decisions are best explained by the Court's deference-giving practices, particularly in cases involving claims about the recency of terrorist violence. [ABSTRACT FROM AUTHOR]

Identifying, classifying, and analyzing arguments in legal discourse has been a prominent area of research since the inception of the argument mining field. However, there has been a major discrepancy between the way natural language processing (NLP) researchers model and annotate arguments in court decisions and the way legal experts understand and analyze legal argumentation. While computational approaches typically simplify arguments into generic premises and claims, arguments in legal research usually exhibit a rich typology that is important for gaining insights into the particular case and applications of law in general. We address this problem and make several substantial contributions to move the field forward. First, we design a new annotation scheme for legal arguments in proceedings of the European Court of Human Rights (ECHR) that is deeply rooted in the theory and practice of legal argumentation research. Second, we compile and annotate a large corpus of 373 court decisions (2.3M tokens and 15k annotated argument spans). Finally, we train an argument mining model that outperforms state-of-the-art models in the legal NLP domain and provide a thorough expert-based evaluation. All datasets and source codes are available under open lincenses at https://github.com/trusthlt/mining-legal-arguments. [ABSTRACT FROM AUTHOR]

The article touches upon the topic of intellectual property protection in the era of globalisation and reveals the principles of national legal order at the beginning of the formation of the foundations for protection of intellectual property rights, which will in fact serve as a qualitative basis for resolving potential disputes in the future. The study shows that intellectual property has no borders, because if an author writes, say, a software code, he or she will be its author both in Ukraine and abroad (in this case, we are talking about the presumption of authorship). The author identifies and describes certain characteristics inherent in the current intellectual property regime. It is substantiated that in our country one can protect one's rights by concluding a contract to prevent future conflicts, or by applying alternative means of dispute resolution. An example of the first case is an agreement on the transfer of rights to use a work, while the second case is exemplified by such models as negotiations or dispute resolution with the participation of a judge. The author proposes an action-oriented approach, which consists in directly informing the society about ensuring the needs of integrity in the use of other people's intellectual property for the purpose of combating plagiarism in Ukraine. This can be implemented precisely by creating a register of preregistered works that have already been certified by the Ukrainian National Institute of Intellectual Property. This view will be of interest to intellectual property professionals. Particular attention is paid to one of the novelties that occurred in our country during the war, in particular, it is highlighted that the application for termination of copyright infringement must contain confirmation of the accuracy of the information submitted as evidence by a lawyer or patent attorney. In addition, the latter's powers include filing such applications (in written or electronic form, with the signature of an intellectual property representative), finding out the applicants' contacts, including direct confirmation of their intellectual property rights. The analysis of the European Court of Human Rights judgment allowed us to trace a clear correlation between the existence of official registration documentation (e.g., a copyright registration certificate or a final court decision) and the actual confirmation of the existence of a set of intellectual property rights. Thus, such correlation is a crucial criterion for determining whether the intellectual property itself falls under the protection of the European Convention on Human Rights, and in the absence of such confirmation, this situation may result in the European Court of Human Rights refusing to recognise the right of ownership of a particular intellectual property object. [ABSTRACT FROM AUTHOR]

The article examines the European standards for the judicial control at the stage of pretrial investigation in criminal proceedings, with an emphasis on the compliance of the provisions of Article 303 of the Criminal Procedure Code of Ukraine with the standards of the European Court of Human Rights. In the conditions of reforming the Ukrainian legal system with the aim of integration into the European community, the problem of ensuring effective judicial control is extremely urgent. It is proposed under the European standards of judicial control at the stage of pre-trial investigation in criminal proceedings to consider a set of legal norms, principles and guarantees enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms and precedent practice of the European Court of Human Rights, which ensure an effective, fair and legal judicial review and control over the actions, decisions or inaction of pre-trial investigation bodies for the purpose of protecting the rights and freedoms of a person. Groups of European standards in criminal proceedings are highlighted: firstly, standards relating to the legality of detention and detention, secondly, standards relating to the reasonableness of suspicion, thirdly, standards of effectiveness of pre-trial investigation, fourthly, standards of access to justice in criminal proceedings. It has been established that part of the standard of access to justice is the standard of effectiveness of judicial control. It has been proven that the standard of effectiveness of judicial control at the stage of pre-trial investigation is, in our opinion, an important element of access to justice, as it ensures: protection of the rights of individuals at the stage of pre-trial investigation in criminal proceedings, transparency and accountability of the process, prevention of human rights violations, appeal of procedural decisions. It was concluded that although Article 303 of the Criminal Procedure Code of Ukraine provides tools for judicial control, the existing mechanisms do not always meet European standards due to problems of access to justice and speed of trial. The need to implement international standards is to ensure effective protection of the rights and freedoms of citizens and to strengthen trust in the judicial system of Ukraine. The work emphasizes that further adaptation of national legislation to European requirements will contribute to increasing the effectiveness of judicial control at the pre-trial investigation stage. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the effectiveness of domestic violence investigation according to the standards of the Istanbul Convention and the ECHR case law. The author emphasises the specifics of criminal proceedings on domestic violence in the legal and psychological contexts. The author describes the standards of pre-trial investigation under the Istanbul Convention and the ECHR case law (adequacy of competence, thoroughness, promptness, involvement of the victim in the investigation, independence, and consideration of the nature of domestic violence). Particular attention is paid to the relevance (adequacy of competence), thoroughness and involvement of the victim (victim-centred approach). It is proved that the Istanbul Convention and the ECHR case law demonstrate the need for effective investigation of domestic violence and consideration of the interests and needs of the individual. It can be difficult to strike the right balance in practice, because, on the one hand, domestic violence is no longer considered a purely ‘family matter’, and the perpetrator, accustomed to impunity, will continue violent acts, and not only as domestic violence. On the other hand, the investigation must take into account the interests of the victims, who cannot be forced to initiate criminal proceedings, give testimony or explanations, submit evidence and generally participate actively in the investigation. However, the latter does not in any way negate the state’s obligation to conduct an effective investigation, thorough and diligent collection of evidence, which obviously cannot be limited to verbal information provided by victims. This problem will become even more acute if Article 126-1 of the CC of Ukraine is removed from Article 477 of the CPC of Ukraine. Accordingly, at the methodological level, it should be recognised that a balance can be achieved when, with the victims being given an accessible explanation of the consequences, including negative ones, of their choice not to actively participate in the evidence, the prosecution takes all possible and appropriate measures to collect and verify evidence to prove domestic violence, and provides a comprehensive assessment, without giving priority at the initial stage of the investigation to those facts that allow closing the criminal proceedings. In the regulatory aspect, in order to ensure the fulfilment of obligations under Article 56 of the Istanbul Convention, Article 232 of the CPC of Ukraine should be amended (similar to Article 336(7) of the CPC of Ukraine). [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 287-309 | Article | (Table of Contents) I. Introduction. – II. A Brief (Constitutional) History of Kosovo. – III. Human Rights in Kosovo’s Legal Order. – III.1 Constitutional Integration. - III.2 Judicial Application. – IV. Standard-Setting, Monitoring and Cooperation Mechanisms. – IV.1 The Horizontal Facility. – IV.2 Other Programmes and Projects. – IV.3 From Projects to Change. – V. Conclusion and Outlook. | (Abstract) Areas of contested statehood present challenges to human rights on both a normative and a practical level. As areas of contested statehood face difficulties in acceding to human rights treaties and international organizations, more creative solutions have had to be found to ensure the protection of human rights in line with international standards. In recent years, Kosovo has been one of the most prominent examples of an area of contested statehood in Europe. This Article focuses on the role of one key international actor – the Council of Europe (CoE) – regarding the promotion of human rights in Kosovo. Combining doctrinal and empirical analysis, the Article discusses two key aspects of the relationship between the CoE and Kosovo: (1) the constitutionalisation and judicial application of the CoE’s human rights standards in Kosovo’s constitutional legal order; and (2) Kosovo’s interaction with the CoE’s human rights standard-setting, monitoring, and advisory mechanisms. This Article argues that these two aspects of the CoE’s and Kosovo’s relationship have been relatively impactful in embedding the CoE’s human rights standards in Kosovo. This has occurred to such an extent that Kosovo’s human rights system has now become inextricably tied to the Council of Europe’s human rights standards, despite not (yet) being a member of the CoE.

The article examines the issue of bringing russia to justice for mass war crimes, crimes against humanity and acts of aggression committed during the full-scale invasion of Ukraine. The purpose of the work is to analyse the available legal instruments, to formulate a comprehensive approach to solving this problem and to search for effective information and legal mechanisms to ensure the inevitability of russia's punishment under international law. The research methodology is based on a systematic analysis of current international legal norms and procedures in the field of international humanitarian law. The relevance of the work is due to the unprecedented scale of war crimes committed by russia in Ukraine and the need to bring the perpetrators to justice in order to restore justice. The scientific novelty is that for the first time a comprehensive information and legal model for prosecuting and bringing to justice the aggressor state for war crimes is proposed. The paper analyses the current legal mechanisms for bringing Russia to justice for war crimes committed in Ukraine at the national and international levels. The practical role of the key institutions – the International Criminal Court and the European Court of Human Rights – in ensuring the inevitability of punishment for the russian federation is considered. Potential opportunities for russia to avoid responsibility are identified. The article proposes an information and legal model for the effective prosecution and bringing russia to justice for its act of aggression against Ukraine. The results obtained can be applied in the field of international criminal law and ensure compliance with international humanitarian law norms. The practical significance lies in the formation of a basis for specific actions by the international community to hold russia accountable for crimes in Ukraine. Despite all the difficulties, the international community should make every effort to bring the russian federation to justice in accordance with international law. The proposed information and legal model can be one of the effective tools to achieve this goal.

The relevance of the subject lies in the formation of a scientifically based concept of proving the legality of restrictions on rights and freedoms during pre-trial investigation, which is based on a three-stage test of the justification of interference formulated in the jurisprudence of the European Court of Human Rights. The purpose of the study was to establish general criteria for the legality of restriction of rights and freedoms during pre-trial investigation with their explication of specific procedural actions and decisions characterised by a high degree of intrusiveness. The main research methods were anthropological, axiological, dialectical, systemic, formal, legal, and the method of expert assessments. Was is proved that algorithmisation of the decision on the restriction of human rights in a pre-trial investigation should be conducted according to the methodology of a three-part test: foresight in the law; the purpose of interference, which should be legitimate; whether such interference was required in a democratic society. This test is applicable to all intrusive measures in criminal proceedings but has its own characteristics depending on the measure and the nature of the intensity of restriction of rights. It is argued that the elements of the three-part test when applying measures to ensure criminal proceedings are objectified in the local subject of proof, which has three levels: 1) General (Article 132 of the Criminal Procedure Code of Ukraine); 2) Group, for preventive measures; 3) Special, for certain measures to ensure criminal proceedings, including preventive measures. On the example of regulatory regulation of individual investigative (search) actions, it is established that ensuring the proportionality of their application is conducted by determining by the investigating judge the limits of restriction of rights and freedoms during such a procedural action and preventing arbitrariness to a person. The most detailed proof of the legality of restricting rights in measures to ensure criminal proceedings has specifics depending on the measure and the person to whom it is applied. The practical importance of the work lies in the possibility of using the algorithms given in it when establishing elements of the local subject of proof by investigating judges

On 22 February 2024, the Advisory Committee on the Framework Convention for the Protection of National Minorities published a critical opinion on Latvia within the framework of the fourth monitoring cycle. This text is centred on government comments as an important element of the standardised FCNM monitoring mechanisms provided by the Latvian Government during the four monitoring circles. This study identifies and assesses the key arguments and techniques employed by Latvia in this sectoral dialogue framework. It shows that the Latvian authorities view diversity as a threat to social cohesion, and their endeavours, inter alia, in the minority education domain, combine references to Latvia’s traumatic historical experience, constitutional identity, and the margin of state discretion that camouflage the absence of political will to advance minority rights. Among other negative factors, this signals a dangerous path that could likely be followed by other states that are parties to this Convention.

In each state there are certain vulnerable categories of population: children, elderly, disabled people, who need special protection in order to realize their rights. Among them, there are children, whose rights are explicitly regulated in Romania by Law nr. 272/2004 on the protection and promotion of children’s rights, but also in other related laws. In the following, we intend to analyze: the right of the child to establish and preserve his or her identity in accordance with relevant legislation and case law.

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Corruption is a serious threat to the stability and security of societies, undermining institutions and democratic values, ethical principles, and justice, as well as sustainable development and the rule of law. It manifests itself in many ways and in a multitude of contexts, affecting almost all human rights, including economic and social rights (i.e., the right to work, the right to food, the right to housing, the right to health, the right to education, the right to public services, the right to development), as well as civil and political rights (i.e., the right to equality and non-discrimination, the right to political participation, the right to an effective remedy and to a fair trial). In this perspective, starting from an examination of the direct and negative impact of corruption on the enjoyment of human rights (Section 1), the analysis that follows focuses on the obligations of States to respect, promote, and above all, protect human rights (i.e., take all necessary measures to ensure their full enjoyment) (Section 2), traces the ECtHR’s most incisive pronouncements on violations of individual guarantees in the context of corruption (Section 3), and highlights the crucial role of the Court’s case law in defining more effective, preventive, and punitive measures against corruption (Section 4). [ABSTRACT FROM AUTHOR]