Problems of Abuse of Law and Abuse of Procedural Law in the Field of Domestic Legislation
The article analyzes scientific concepts regarding the legal nature of abuse of law and abuse of procedural law.
The article analyzes scientific concepts regarding the legal nature of abuse of law and abuse of procedural law.
This article analyzes the possibilities for exercising the right to freedom of thought, conscience, and religion in Ukraine during martial law. It emphasizes that although Ukraine is a secular state with constitutionally enshrined separation of church and state, this does not negate its obligations to ensure this right. On the contrary, the secular nature of the state requires a set of legal and organizational measures to guarantee everyone’s right to freedom of belief.
The article is devoted to a comprehensive analysis of the legal regulation and practice of applying preventive and coercive police measures in Ukraine through the prism of the standards developed by the European Court of Human Rights (ECHR). The purpose of the study is to identify problematic aspects of harmonizing national legislation and law enforcement practice with the requirements of the European Convention on Human Rights (the Convention) and to formulate proposals for their resolution.
The article examines the relationship between environmental conditions and public health, focusing on the legal aspects of environmental rights protection. The article examines the role of the state in ensuring a proper environmental environment and compliance with environmental standards, which is an integral part of the right to health. The author identifies the key legal mechanisms for the protection of environmental rights and their application in the European legal system.
Annotation. The article examines problematic issues related to the use of preventive measures in the form of detention in criminal cases and the experience of foreign countries in this area. The practice of the European Court of Human Rights regarding detention and its decisions are analyzed in the context of legal norms and standards related to human rights.
The article analyses the place and role of international institutions in the process of transitional justice. It is determined that the concept of transitional justice is a system of mechanisms and tools implemented in a country that is in a state of transition from armed conflict to post-conflict period or from totalitarian to democratic regime.
This article examines organizational and legal regulations of the relations between the Government Agent of Ukraine before the European Court of Human Rights and the European Court of Human Rights. The main stages of these relations are distinguished and the analysis of the activities of the Government Agent before the European Court of Human Rights is made. The problems of regulating relations between the Government Agent of Ukraine and the European Court of Human Rights are defined and the ways of their solution are suggested.
The article attempts to move from purely theoretical research on the role of judicial practice in Ukraine to more practical aspects of this issue. It is stated that, taking into account the provisions of procedural codes, legal conclusions of the Supreme Court, it is inevitable to live in the center of respect for scientists (it should be noted that legal practitioners began to study this area earlier and intensify it for scientists).
In this article, I research merely on the case-law of the European Court of Human Rights regarding citizenship, its acquisition, and termination (Abdulaziz, Cabales and Balkandali v. The United Kingdom (1985), Riener v. Bulgaria (2006), Genovese v. Malta (2012), Wagner and J.M.W.L. v. Luxemburg (2007), Stamose v. Bulgaria» (2013), Menneson v. France (2014) і Labassee v. France (2014), Biao v. Denmark (2016), Ramadan v. Malta (2016), Paradiso and Campanelli v. Italy (2017)).