Ius Humani. Law Journal
Ius Humani Law Journal is a platform (iushumani.org) open to researchers around the world. It contains articles in all languages, where writers publish original studies on persons rights (natural, human or constitutional) and about the effective procedures for the protection of rights. The studies are viewed both form the philosophical perspective and the perspective of the fundamental juridical principles. Ius Humani’s purpose is the diffusion of knowledge, and the promotion of debate on different juridical perspectives.
Articles
17 Documents
Search results for
, issue
"Vol 9 No 2 (2020): Ius Humani. Law Journal"
:
17 Documents
clear
<![CDATA[Garantizar los derechos humanos y las libertades en el contexto de la pandemia covid-19 ]]>
<![CDATA[Serhii Kivalov]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31207/ih.v9i2.238
<![CDATA[The study is devoted to the establishment of the current state of ensuring of human rights and freedoms in Ukraine while counteracting the spread of the Covid-19 pandemic taking into account the institutional and legal basis of the quarantine regime, transformations of ensuring of human rights and freedoms and the rights of participants in administrative procedures. Close attention is drawn to the impossibility of restricting human rights and freedoms that go beyond the goals of Covid-19 dissemination. In carrying out this study, general philosophical and special methods of scientific knowledge were used, namely the methods of: system analysis, dialectical, formal-logical and structural-functional, as well as some empirical methods. The practical significance of the study is that its results are relevant for domestic legislators and entities that carry out public administration in the field of health care against the background of updating trends in the response to the Covid-19 pandemic. A number of measures have been proposed to develop a strategy to counter the spread of the Covid-19 pandemic; creation of subjects of public administration, the competence of which will include ensuring the state policy in the field of ensuring the proper condition and maintaining the mental health of the population; implementation of the concept of electronic justice (e-court) as the only possible mechanism to ensure effective protection of the rights, freedoms, and interests of man and citizen in the face of the Covid-19 pandemic.]]>
<![CDATA[Protección de los derechos de los niños y menores en sus transacciones en el sociedad de la información ]]>
<![CDATA[Oleksandr Omelchuk]]>;
<![CDATA[Olena Cherniak]]>;
<![CDATA[Nataliia Tyshcuk]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31207/ih.v9i2.241
<![CDATA[The article is devoted to the analysis of features that arise when committing transactions by children and minors in the development of information society, identifying problems that arise when committing such transactions out of their legal capacity, as well as to the issue of the protection of violated rights and legitimate interests of children and minors due to the pandemic. The dialectical method of cognition, the method of system-structural analysis, he formal-logical method, the comparative-legal method, the method of logical analysis and dogmatic interpretation of legal norms were used preparing the article. The structure of the body of the text is comprised of such sections as introduction, methodology, analysis of recent research, results and discussion, conclusions. The main conclusion of the study is the establishing the need to clarify the amount of legal capacity of children and minors in different age groups. It is proposed to consolidate the division of minors into the following groups: from birth to 6 years; from 6 to 10 years; and from 10 to 14 years.]]>
<![CDATA[Acceso a la justicia debido a la pandemia de Covid-19 ]]>
<![CDATA[Nelli Golubeva]]>;
<![CDATA[Illia But]]>;
<![CDATA[Pavlo Prokhorov]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31207/ih.v9i2.243
<![CDATA[The coronavirus pandemic (Covid-19) has caused many challenges to democracy around the world. Under the new conditions, states must implement effective quarantine measures, as well as take decisions that justifiably and least restrict human rights. In this pandemic context of many restrictions, it is important to pay attention to ensuring access to justice and to investigate its level of security. The article aims to analyze the right of access to justice in the context of the Covid-19 pandemic, both in Ukraine and other countries. The subject of the study is the public relations that arise during the exercise of the right of access to justice in the pandemic context. The research methodology includes a scope of methods, the most important of which are the dialectical method, the analysis method, the synthesis method, the comparative method, the induction method, and the deduction method. As a result of the study, an analysis of the right of access to justice in the context of Covid-19 has been made. The main conclusion of this study is that the Covid-19 pandemic has clearly shown that the transition to online technology and other innovations in the judiciary has so far been too slow. On the other hand, in the context of ensuring access to justice the pandemic has become a kind of trigger for the rapid development and implementation of the latest innovative technologies in the field of access to justice.]]>
<![CDATA[Garantizar la discreción del banco central en la emisión de préstamos de estabilización en tiempos de la pandemia del Covid-19 ]]>
<![CDATA[Oleg Podtserkovnyi]]>;
<![CDATA[Kristina Vozniakovska]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31207/ih.v9i2.244
<![CDATA[Restrictive measures imposed by governments around the world to counter the Covid-19 pandemic undoubtedly have a negative impact on the economy. One of the instruments of the state, which makes it possible to save entire sectors of the economy, including the banking sector, from bankruptcy, is the stabilization loans of the central bank. Accordingly, the analysis of the discretionary powers of central banks and their governing bodies in issuing stabilization loans to overcome the economic consequences of the Covid-19 pandemic is relevant and timely. The authors used different scientific methods, such as the dialectical method, the method of comparison, the method of elementary-theoretical analysis and synthesis, the hermeneutic and the forecasting analysis. As a result of the study, the authors substantiated a definition of the powers of the governing body of the central bank in making decisions on the provision of stabilization loans to banks, as part of the function of the central bank to maintain the stability of the national currency and the indicative regulation of banks. The authors concluded that there is a need for an expanded approach to the limits of the discretion of the central bank, on the basis of harmonization of economic purpose of decisions on the issuance of stabilization loans to banks, in accordance with the constitution and the laws.]]>
<![CDATA[Conducir los asuntos de otras personas sin un poder en una pandemia: Ucrania y Polonia ]]>
<![CDATA[Piotr Mysiak]]>;
<![CDATA[Volodymyr Zubar]]>;
<![CDATA[Dmytro Pestruiev]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31207/ih.v9i2.245
<![CDATA[The Covid-19 coronavirus pandemic has caused changes in all areas of human life. The field of law is no exception to this list. In particular, the issues of conducting other people’s affairs without a power of attorney have become especially relevant, as social distancing and restrictions on social activity have led to a significant increase in the practical need for the application of this legal institution. The significance of this study is also important in connection with the comparative analysis of the normative aspect and the practical measurement of the application of the institute of conducting other people’s affairs without a power of attorney in Ukraine and Poland. These two countries are comparable in territory, number of citizens, legal tradition, but Poland has become member of the European Union, while Ukraine has remained on the sidelines of European civilization. The dialectical method, the method of comparative analysis and system analysis were chosen as the methodological basis of the research. The authors of the article concluded that institute of conducting other people’s affairs without a power of attorney is characterized by an increased level of social utility. In such cases, the one who protects the interests of others without a power of attorney, as a rule, acts not only in the interests of the individual but also in the interests of the society. Thus, it helps to protect single people, the elderly ones, disabled individuals and other groups which are socially unprotected and thus prevent the pandemic spread.]]>
<![CDATA[Covid-19: Pandemia de violencia doméstica ]]>
<![CDATA[Tatiana Stoianova]]>;
<![CDATA[Liudmyla Ostrovska]]>;
<![CDATA[Grygorii Tripulskyir]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31207/ih.v9i2.246
<![CDATA[The article is devoted to the analysis of domestic violence in the context of Covid-19. The research is carried out for the first time in the focus of several sciences: psychology, sociology, and jurisprudence. To study the legal regulation of domestic violence, knowledge from different branches of law was used: international, criminal, administrative, and civil procedural law. Attention was paid to the historical retrospective—how the concept of domestic violence first appeared at the world level, and how it was differentiated and implemented in the national legislation of the participating countries. The problems of signing the Istanbul Agreement are highlighted. Special attention was paid to the current wave of domestic violence as a result of the Covid-19 pandemic. The prerequisites of a general psychological, social, and economic nature, their interdependence, and connection with the pandemic were investigated. The scale of the scourge of domestic violence in the context of a pandemic in different countries is indicated, and its short-term and long-term consequences for the well-being of the nation. The specific mechanisms for preventing family violence at three levels are considered: general criminogenic, a comprehensive mechanism for preventing violence at the level of interaction between the state and public organizations, and directly special means. The study concludes that Covid-19 pandemic has a direct impact on the exacerbation of domestic violence. The solutions are proposed, from legislative amendments to the redistribution of state and public forces to address the problem of domestic violence.]]>
<![CDATA[Responsabilidad por violación de cuarentena: novedades de la legislación administrativa y penal ]]>
<![CDATA[Sergii Starodubov]]>;
<![CDATA[Viktoriia Vladyshevska]]>;
<![CDATA[Maryna Pyzhova]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31207/ih.v9i2.247
<![CDATA[Public legislation has long failed to meet such large-scale challenges as the SARS-CoV-2 pandemic. In emergencies, to protect the lives and health of the population, it is necessary to promptly make decisions on the legal regulation of public relations that have developed due to the spread of Covid-19. For this purpose, the state has created legal mechanisms that are designed to ensure compliance with the rule of law and which need the scientific-legal assessment. The objective of the work is to analyze the novelties of administrative and criminal legislation, which regulate the liability for violation of quarantine. The object of research is the norms of administrative and criminal law. The subject of the study is public relations that have developed as a result of the introduction of quarantine and which are governed by administrative and criminal law. To achieve this goal, the situation in foreign countries was firstly analyzed; general patterns were identified; alternative solutions were proposed, with a minimum restriction of human rights and freedoms. Then, the novelties of the national legislation were studied in more detail; additional specific problems were identified; and a more balanced legislative policy was proposed. As a result of the study, the current state of legal regulation in the areas of administrative and criminal law related to quarantine violations was analyzed; the liability for such offenses was characterized; some conclusions regarding the existing related problems were made and options for their solution were proposed, as well as propositions for modernization of legislation were made.]]>
<![CDATA[Derecho de contratos y excepcionalidad: reaparición de instituciones y retorno a los principios en contexto de Covid-19 ]]>
<![CDATA[Edison Calahorrano Latorre]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31207/ih.v9i2.231
<![CDATA[This paper analyzes the effects of the Covid-19 pandemic on Contract Law, specifically objective non-compliance and contractual remedies in the context of exceptionality. This study is dogmatic using analytical and comparative methods. The starting point is to verify whether the Covid-19 pandemic constitutes an act of God, by analyzing whether this phenomenon and its consequences meet the requirements of externality, unpredictability and irresistibility. From this response, contractual remedies are explored, such as rebus sic stantibus or the frustration of purpose of contract, its relationship with the principle of Contract Law pacta sunt servanda, and how they have been evoked in the legislation issued in exceptionality, for which a comparative analysis of the regulation of the leasing contract is developed. The nature of the principles as sources of law and their application in private law is then analyzed. Finally, it is concluded that contract law in exceptionality resorts to principles, understood as the rationalization of the rules, which allows for flexibility in the search for solutions to complexity.]]>
<![CDATA[Covid-19 2.0. Derecho internacional y protección del derecho a la salud en el ciberespacio: una visión desde Ecuador ]]>
<![CDATA[Martín Tamayo Serrano]]>;
<![CDATA[Víctor Calderón Merino]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31207/ih.v9i2.250
<![CDATA[The purpose of this article is to explore the opportunity offered by the Covid-19 crisis in Ecuador to interpret international human rights law and international humanitarian law to protect the right to health, and also health-care systems in cyberspace. Through a descriptive methodology that allows a comprehensive analysis of the issue from a legal point of view, this article: synthesizes the main international debates on the scope of the protection of the right to health under the international human rights law against cyber threats; studies the protection that international humanitarian law provides to citizens and health-care systems; and examines Ecuador’s situation, as a country facing several challenges in the application of the necessary policies to ensure the protection of the right to health and health-care systems. The article concludes that the legal developments in both sectors have not managed to establish means of protection which are acceptable and effective, with clear obligations for States in cyberspace to protect individuals and health-care systems. Additionally, it argues that the gaps in international law regarding the protection of health in cyberspace are exacerbated in Ecuador by a discursive dissonance between foreign and domestic policy, with an impact on the protection of the right to health.]]>
<![CDATA[Características de los procesos penales (investigación previa al juicio y juicio) en el momento de la pandemia covid-19 ]]>
<![CDATA[Larysa Bielik]]>;
<![CDATA[Olena Samoilenko]]>;
<![CDATA[Hanna Mudretska]]>;
<![CDATA[Tetiana Voloshanivska]]>;
<![CDATA[Kateryna Titunina]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31207/ih.v9i2.251
<![CDATA[The work is devoted to the main problems and features that have emerged in the field of criminal justice (pre-trial investigation and trial) in a pandemic. The relevance of this article is that criminal justice, like other areas of human activity, has been affected after the spread of Covid-19 and its recognition as a pandemic. The introduction of quarantine was accompanied by some problematic issues, including uncertainty in the work of the judiciary and law enforcement agencies, lack of a unified approach to court schedules, and the conduct of certain investigative actions. Thus, it is necessary to analyze the peculiarities of criminal proceedings in a pandemic. An explorative and collative methodology (that considers the comparative law) was used. The proposals have been made to address the problems that arise during the pre-trial investigation and criminal proceedings in a pandemic, in particular: the need to allow videoconferencing in criminal proceedings out of court; a list of programs for video communication have been defined; to provide adequate funding for technical re-equipment; to suspend the terms of criminal proceedings, and; to prevent in the future the situation of cancellation of previously adopted decisions on the strengthening of criminal liability for intentional infection.]]>
