Wiktor Branowicki
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Principles of Law in Legal Regulation of Public Relations in Modern Conditions Anatolii Radchuk; Iryna Slavinska; Kateryna Izbash; Wiktor Branowicki; Tetiana Kozhemiakina
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1485

Abstract

The purpose of this paper is to conduct an independent study on the position of legal principles in the legal regulation of public relations in the context of digitalization. In writing this paper, the functional research method was used. The functional research method allows for a thorough clarification of the dynamic aspects of legal principles, their practical objectives, their position and role in the law and in other elements of the legal system of society in general, and their impact on social relations in the form of legal regulation and other forms of legal influence (informational, value-oriented, psychological, system-shaping, etc.). thoroughly clarify the Although the role of legal principles in today’s various legal systems is not the same, it is nevertheless concluded that legal principles are one of the sources of law practically everywhere, whether nominal or de facto. The importance of legal principles is that they serve as a framework, the basic structure of the legal system; that they are a guide in the process of development and formation of law; that they have a significant impact on the formation of people’s legal consciousness; that they can be a direct basis for making individual legal decisions in a particular case; that they can provide a legislative blanks, reflected in the fact that legal principles can be used as a legal basis for considering legal issues, and that legal principles contribute to the correct interpretation of legal norms while they serve as a source of law.
Human Rights And Freedoms Under The Conditions of Martial State: Legal Regulation, Directions of Improvement Pavlo Liutikov; Wiktor Branowicki; Olga Shchypanova; Serhii Yehorov; Oleksiy Ulyanov
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.501

Abstract

The crisis in Ukraine, sparked by Russia's intervention in March 2014 and culminating in February 2022, has had a profound impact on human rights not only in Ukraine but also in European Union member nations. It is substantiated that human rights are an effective tool for limiting public power, which prevents its arbitrary action. This attribute makes human rights a distinguishing feature of a democratic state-legal regime, as opposed to authoritarian and totalitarian regimes, which do not accept the natural nature of these rights and identify them with their own will. Protecting human rights under martial law is extremely difficult. The difficulty lies in the fact that protecting human rights under martial law is not an easy task. Therefore, the development of mechanisms for the protection of human rights is a key step in ensuring justice, the development of democracy, and the development of mechanisms for the protection of human rights is particularly important for ensuring justice, the development of democracy and the restoration of peace in our country. A legitimate state must protect people's and citizens' rights and liberties. Even during conflict in a democratic state, it is difficult to abdicate the responsibility to protect human rights. Given the basic nature of this issue, it is vital to control it on a constitutional and legal level. According to Article 3 of the Constitution of Ukraine, the state has an obligation to ensure human rights, which determines the direction of its activity and functional orientation. The state is responsible for the realization and affirmation of human rights. Therefore, martial law cannot be used to waive the obligation to ensure human rights. The Constitution of Ukraine also contains provisions that determine the specifics of the implementation of individual human rights in the conditions of martial law.