Constitutional Restriction on Human Rights and Freedoms in the Development of Liberal Democracy in Europe

Gorokh

et al. 2023

OSLS

The topic of human rights in the aspect of relations between the state and addicted patients (and in general relations in the sphere of circulation of drugs) remains scantily explored for modern Ukraine, which actualizes further scientific research. The purpose of the article is to determine the authors’ vision of compliance with international human rights standards of the legal anti-drug prohibitions established by the state. To achieve this goal, using the historical-legal, comparative, dialectical, systemic, hermeneutic, sociological methods and legal method of cognition, national and foreign legislation was critically analyzed, international experience in implementing various models of anti-drug policy was studied, and proposals for the draft of a new Criminal Code of Ukraine were formulated. The authors pay special attention to the problems of protecting the rights of drug addicts, legal liability in the field of drug trafficking, legalization of drugs for non-medical needs and compulsory treatment of drug addicts.

Section: Does Compulsory Treatment Of Drug Addicts Violate Human Rights?mentioning

confidence: 99%

Modern anti-drug policy and human rights

Gorokh

et al. 2023

OSLS

“…The opinions of representatives of Ukrainian science agree that the restriction of fundamental human rights (incl. the right to information) is directly related to the difference between absolute and relative rights (Koruts et al, 2021;Politanskyi, 2016), is a necessary component of the legal system, introduced with a particular purpose (one of which is the protection of national security), specified in the law, form an exhaustive list (Bilousov, 2015) and should not distort the essence of rights and freedoms (Plakhotniuk et al, 2021). If the target can be protected in another way, avoiding restricting the right to information, preference should be given to the latter.…”

Section: Law Enforcement Practice On Localization Of the Right To Inf...mentioning

confidence: 99%

Untitled

2023

SLS

In the conditions of war, the problem of maintaining a comfortable psychological climate in professional teams and society in general is acutely felt because Ukrainians are in a depressed psychological state. Conflicts among people of different ages are also escalating, as representatives of the baby boomer generation are gradually being replaced by Generation Y, and therefore most Ukrainian companies are teams of representatives of Generations X and Y. The purpose of this study is to find ways to overcome the problem of conflict between different generations. Among the key scientific methods of this study is M. Rokeach's model, which was used to rank the terminal and instrumental values of representatives of Ukrainian generations X and Y, and the method of canonical correlations, used for comparative analysis of the value structure of the analysed generations. The main results of the study indicate that the aggravation of relations and the emergence of misunderstandings among Ukrainians is a consequence not only of the influence of war, but also of the conflict of the most economically active generations -X and Y. This conflict is caused by differences in the perception of life (i.e., in values), a large difference in the socio-political conditions of formation and belonging to different archetypes of generations according to the Strauss-Howe generational theory. Ukrainian generation X is a recessive generation of "nomads", while generation Y is a dominant generation of "heroes". The results of a comparative analysis of the dominant terminal and instrumental values of these generations indicated that 50% of the dominant values are common terminal and only 33% are common instrumental. It was found that the Ukrainian Generation X has more post-materialistic values, while Generation Y prefers materialistic values, which was a consequence of socio-political events in Ukraine, under which these generations were formed. The practical significance of the results obtained lies in the fact that the proposed recommendations for overcoming the conflict of Ukrainian Generations X and Y by factoring in the most important values for each of these generations will help not only to overcome the conflict of generations, but also to increase the effectiveness of their interaction

Section: Law Enforcement Practice On Localization Of the Right To Inf...mentioning

confidence: 99%

Restriction of the right to information in the interests of national security: The problem of justification

Shynkar¹

2023

SLS

The relevance of this study is conditioned upon the lack of a single theoretical justification for limiting the right to information, even though Ukrainian legislation allows such limitations in the Constitution. The purpose of this study was to analyse certain cases of restrictions on the right to information in the interests of national security and determine ways to justify such restrictions. The methodological framework of this study included the analysis of law enforcement practices concerning the restriction of the right to information. The study established that, despite a considerable theoretical basis in protection of human and civil rights and freedoms, the modern practice of administrative courts is based only on providing a legal assessment of the actions of the Security Service of Ukraine regarding the recognition of information and other activities of the subject of information relations as illegal in the light of the powers and advantages granted to the Service pursuant to Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The absence of a single mechanism for restricting the right to information in the interests of national security was proved. The paper substantiated that the courts and state bodies of Ukraine, which are responsible for regulating information activities, have not yet developed their own ways and mechanisms for restricting the right to information, which would factor in their practice of providing a legal assessment of each of these cases. It was noted that the basic means of justifying the restriction of the right to information in the interests of national security, as well as any restriction of the right to information, is the use of a “three-part test”. The outlined grounds for localizing the right to information will be useful for scientists, law enforcement officers, and information security specialists for their legitimate application.