Application of Article 5 of the ECHR to the detention of a person who has committed a criminal offense

Zavhorodnii, Vitalii A.; Orel, Oksana; Muliar, Galyna; Kotlyar, Olga I.; Zarosylo, Volodymyr

doi:10.5102/rdi.v19i1.7757

Cited by 4 publications

(3 citation statements)

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“…To illustrate the varied approaches to legal challenges faced by LGBT individuals, the author draws on examples from European countries, including Estonia, Hungary, and Poland. The findings reveal that Hungarian society displays greater acceptance of minorities and higher satisfaction with their democracy compared to Estonia, suggesting a lesser impact from the historical communist regime (Zavhorodnii et al, 2022). The Soviet Union exerted a more significant influence on shaping public attitudes toward sexual minorities in Estonia and a comparatively lesser influence in Hungary.…”

Section: Discussionmentioning

confidence: 85%

Exploring the nexus between law and morality: ethical considerations in legal studies

Pavlichenko,

Maslak,

Gornostay

et al. 2024

Multidiscip. Sci. J.

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This publication aims to furnish a comprehensive examination of the ethical elements inherent in the roles of judges, prosecutors, attorneys, and notaries, elucidating their influence on the content of pertinent legal statutes governing the professional status of these legal vocations. The research employed various methodologies, encompassing the analytical method, the synthetic method, the method of scientific generalization, the method of interpreting legal norms, and the formal-logical method. The examination of legal understanding from a moral and ethical perspective involves the scrutiny of two principal concepts: the concept of natural law and the concept of legal positivism. This analytical framework enables the author to assert that a hallmark of progressive law-making lies in the adherence to not only the tenets of natural human rights but also moral and ethical principles during the formulation of legislative acts. In the context of the role and significance of ethics in the professional conduct of judges, prosecutors, attorneys, and notaries, the author undertakes an analysis of pertinent Ukrainian laws. It is asserted that within each of the examined legal enactments, ethical requirements assume a predominant role in the regulation of the legal status of practitioners in the specified legal professions. For instance, the non-violation of rules of professional ethics is delineated as a fundamental duty for specific categories of legal practitioners, with breaches serving as grounds not only for disciplinary consequences but also for the termination of the authority. Building upon the aforementioned observations, it is affirmed that the ethical dimensions of jurisprudence hold significance within contemporary legal discourse across three dimensions: adherence to moral and ethical principles in the crafting of legislative instruments; avoidance of breaches against ethical principles in the course of judicial, prosecutorial, attorney-at-law, and notarial activities; and the imperative that moral and ethical requirements remain inviolate during the preparation of legally consequential documents.

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Section: Discussionmentioning

confidence: 85%

Exploring the nexus between law and morality: ethical considerations in legal studies

Pavlichenko,

Maslak,

Gornostay

et al. 2024

Multidiscip. Sci. J.

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“…International treaties, such as the Rome Statute of the International Criminal Court, the UN Convention against Transnational Organized Crime and its additional protocols, establish a legal framework for the prosecution and punishment of those responsible for international crimes. These documents define standards for extradition, mutual legal assistance and the protection of human rights during criminal prosecution (Khatniuk et al, 2023;Zavhorodnii et al, 2022).…”

Section: іmentioning

confidence: 99%

Theoretical and practical dimensions of legal responsibility in criminal justice

Baranovska,

Ihnatiuk,

Sokha

et al. 2024

Multidiscip. Sci. J.

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The present academic paper is devoted to analyzing the current challenges in the field of criminal law and justice, with a special emphasis on the development of universal standards of criminal prosecution. The primary purpose of the research is to identify the key aspects and challenges faced by modern criminal justice systems in the context of their adaptation to globalization processes and international standards. Legal responsibility is the cornerstone of national criminal justice, reflecting a set of legal principles that define the boundaries of permissible behavior and establish legal consequences for violating them. Legal responsibility in the context of international criminal justice reflects the globalization of legal norms and the interaction of international and national legal systems. The principles of fair trial enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter - the Convention) are an integral part of criminal justice in the member states of the Convention. The basic principles of fair trial relating to criminal prosecution are defined in Article 6 of the Convention. Challenges related to implementing the principles of justice and legality in the international context as well as opportunities for improving the mechanisms of international cooperation in this area actualize the prospects for further studies in this direction. Particular attention is paid to the analysis of various legal traditions and approaches to justice that influence the formation of universal standards of criminal justice. A deeper study of the specifics of national systems and their impact on the formation of universal legal norms is important in order to create a more harmonious and fair international justice.

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“…This investigation proves especially pertinent for comprehending the dynamics of proxy wars and the impact of great powers on regional conflicts. The evolving role of international criminal tribunals and courts in addressing war crimes and crimes against humanity presents a substantial area for research, specifically concerning their jurisdiction, effectiveness, and the challenges encountered in terms of enforcement and international cooperation (Zavhorodnii, et al, 2022).…”

Section: Main Areas Of Legal Regulation Of Conflicts and Internationa...mentioning

confidence: 99%

International Law (SDG'S): Regulation of Conflicts and International Relations

Marukhovska-Kartunova,

Bozhkov,

Romanchuk

et al. 2024

jlsdgr

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Objective: This research aims to explore effective systems for managing international conflicts and optimizing the global security framework amidst escalating military confrontations and worsening economic and environmental challenges worldwide. Theoretical Framework: The study delves into the integration of legal frameworks within nations engaged in hostilities, examining key institutions influencing the regulation of international conflicts. Method: Utilizing qualitative and quantitative approaches, the research scrutinizes scholarly publications, evaluates prevailing strategies employed by states in conflicts, and assesses major geopolitical entities' support for such conflicts. It synthesizes insights from diverse disciplines, including international law, political science, and international relations. Results and Discussion: Case studies of conflicts in Ukraine and Israel underscore the complexities of applying international law to contemporary conflicts. The study highlights the need to reform the legal framework of international organizations like the European Union to enhance conflict management efficacy. It emphasizes the importance of interdisciplinary research in developing more effective legal frameworks and strategies for conflict resolution and peacekeeping. Research Implications: This research contributes to understanding the dynamic interplay between law and politics in conflict resolution. Originality/Value: This research identifies areas for further research, including the role of international organizations in peacekeeping and the intersection of conflict regulation with other branches of international law.

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Application of Article 5 of the ECHR to the detention of a person who has committed a criminal offense

Cited by 4 publications

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Exploring the nexus between law and morality: ethical considerations in legal studies

Exploring the nexus between law and morality: ethical considerations in legal studies

Theoretical and practical dimensions of legal responsibility in criminal justice

International Law (SDG'S): Regulation of Conflicts and International Relations

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