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INDONESIA
Ius Humani. Law Journal
Published by Universidad de Los Hemisferios
ISSN : 1390440X     EISSN : 13907794     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 225 Documents
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Experiencing Personal Data Protection on the Internet and Its Possibilities of Recognition and Enforcement in Ukraine Melnyk, Petro; Kostenko, Oleksii Volodymirovich; Blinova, Hanna Oleksandrivna; Shynkarenko, Iryna Igorivna
Ius Humani. Jornal do direito v. 10 n. 2 (2021): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i2.288

Abstract

The purpose of this article is to find the most successful ways, forms and methods of personal data protection on the Internet among foreign countries for domestic political and legal realities. The following methods were used in the article: dialectical, logical-semantic, comparative-legal, documentary analysis, analytical, information-analytical. Issues related to the adaptation of the successful experience of a number of developed countries in the field of personal data protection on the Internet are brought up for discussion. Some options are covered and specified, which include effective methods and ways to implement an effective mechanism for personal data protection on the Internet in Ukraine. It is emphasized that the protection and proper confidentiality of personal data of individuals is one of the key tasks currently facing modern jurists. It is also added that the nature and specifics of the use and protection of personal data of individuals, including on the Internet, are extremely closely related to the institution of intellectual property. Emphasis is placed on the fact that the level of protection of personal data of individuals in a country is an indicator of the extent to which such a state meets the criteria of freedom, democracy, and the rule of law.
A Comparative Understanding of Criminal Liability Formation for Crimes Against Women in Uzbekistan and Cameroon Suyunova, Dilbar J.; Koniushenko, Yana Yu.; Nguindip, Nana Charles
Ius Humani. Jornal do direito v. 10 n. 2 (2021): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i2.289

Abstract

Women continue to be victims of violence and the violation of their human rights keep being in the increase as they experienced constant hatred on their status. This article analyzes liability for crimes against women under criminal legislations of the Republic of Uzbekistan and Cameroon by assessing the Criminal Codes rules in both countries in terms of identifying its distinctive features of legal regulation conditional to gender and family differences of subjects is provided. Expert study of criminal legislations related to crimes against women plays a facilitating role in identifying not only real scope of criminal law rules, but also determining if there is a gap in law, or legal regulation is insufficiently socially conditioned. Moreover, analysis of genesis of criminal standards on responsibility for crimes against women made it possible to trace changes in law in relation to such objects of criminal law protection as, for example, life, health, sexual freedom and sexual immunity, honor and dignity of woman, interests of family and its members.
Recognizing and Implementing International Human Rights Standards in Domestic Legislation: An Exposure Under Ukrainian Law Serohin, Vitalii Oleksandrovych; Serohina, Svitlana Hryhorivna; Gryshko, Liliya Mykolayivna; Danicheva, Kateryna Petrivna
Ius Humani. Jornal do direito v. 10 n. 2 (2021): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i2.291

Abstract

Everything about human right is inalienable void of violation from the human race. It is therefore that responsibility of the international community in ensuring the effective preservation and respect of these rights without any threat of violations. In ensuring its recognition and implementation, international standards have been established where there is the need of States parties to these international human right treaties in ensuring its incorporation in its various domestic legislations. The content and specific features of the introduction of international human rights standards into national legislation have been analyzed in the article. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, historical-legal, epistemological, comparative-legal. International standards for the protection of human rights have been defined as principles and norms enshrined in international regulatory legal acts that define fundamental human rights and freedoms, the obligation of the State to respect them, to assist in their realization, preservation and protection against unlawful encroachments, and to establish liability for their violations and methods of protection. It has been clarified that the procedure of implementation of international human rights standards into national legislation includes the following stages: (i) recognition of human rights by the State and their enshrinement in national legislation; (ii) institutionalization of the standard of human rights protection; (iii) bringing the current legislation in line with the international human rights standard and interpreting the latter; (iv) establishment of measures and means of protection and defense of human rights; (v) determining the procedure for the realization of the enshrined right; (vi) control over the observance of the international human rights standard.
Public Interest as a Category of Administrative and Legal Science Tetiana Evgeniivna Kaganovska; Iryna Anatiliivna Pakhomova; Vladyslav Olegovich Neviadovskyi; Artem Oleksandrovych Yefremov
Ius Humani. Jornal do direito Vol 11 No 1 (2022): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i1.292

Abstract

The article examines the content and features of the public interest as a category of administrative and legal science. The main features of public interest are clarified, namely: (i) it is a set of certain needs (values); (ii) there may be needs of the whole society, as well as its groups or individual citizens; (iii) is provided at the initiative of the directly interested subject or public administration; (iv) these interests are recognized by the state, can be normatively fixed; (v) aimed at ensuring human rights and freedoms; (vi) are provided by subjects of public administration. It is established that the content of public interest as an administrative-legal category follows from the essence of general interest and is individualized by the content of administrative-legal relations. Public interest is defined as a set of certain needs (values) of a person or society, aimed at ensuring and protecting human rights and freedoms and implemented in the activities of public administration. It is established that the public interest reflects the interests of society as a whole or an individual, but its needs may become significant for society as a whole. The types of public interests are distinguished depending on the sphere of realization, territory of distribution and number of persons expressing public interest.
The Impact of Deviant Behavior on Juvenile Delinquency: Current State of the Problem Mikhail Fedorovich Kostyuk; Elena Vladimirovna Kunts
Ius Humani. Jornal do direito Vol 11 No 1 (2022): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i1.293

Abstract

The relevance of this research stems from the fact that in the modern world, the problem of juvenile delinquency is especially acute. Economic inequality, mass globalization, free access to the means of communication, the development of democracy, as well as various social phenomena often cause negative reactions among adolescents. The research goal was to give a comprehensive scientific substantiation of the problem of juvenile delinquency, to consider the impact of deviant behavior on its emergence, to identify its causes and preventive measures, and to develop proposals for their improvement. The methodological basis of the research included a set of techniques and methods for studying this phenomenon of social life. The study revealed that juvenile delinquency remains a serious problem. The negative trend related to the worsening economic situation and lowering living standard in Russia, including minors, results in the higher psychological and emotional overload and the deepening crisis in family relations, which leads to the reemergence of such social phenomenon as child neglect. The scientific novelty of the study lies in the fact that this paper assesses the criminological features of the current state of juvenile delinquency. The theoretical significance of the research includes the deeper scientific analysis of the problem, which provides a scientific basis for its further development. The practical significance implies that the theoretical conclusions obtained in this study can be used for further study of juvenile delinquency and developing measures for its prevention.
Public Administration and the Protection of Private Rights: Questioning Its Recognition and Application Under Ukrainian Law Oksana Brusakova; Oleksandra Karmaza; Viktor Vasylenko; Vita Moroz
Ius Humani. Jornal do direito Vol 11 No 1 (2022): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i1.294

Abstract

Every society needs the recognition and protection of the rights of its citizens, and this becomes more proper for every administration in respecting this protection for the common good of its society. In this article, international experience of protecting private rights in the sphere of public administration has been analyzed. On the basis of the researched information the authors have provided concrete ways of implementing the specified international experience into domestic state and his legal system. The essence and characteristic features of legal ways to protect the legitimate interests of private individuals within public relations have been clarified among other things. The genesis of the development of the ways to protect private rights in the sphere of public administration has been analyzed. Particular attention has been paid to the insufficient capacity of Ukraine to ensure the inviolability of private rights, freedoms and interests of the entities of public legal relations, compared to the developed countries of Western Europe and North America. At the same time, the emphasis has been made on the gradual increase in the level of democracy and the rule of law in Ukraine over the last 20 years. It has been claimed that a special “acceleration” of the indicated reforms took place immediately after two socially important events, namely the Orange Revolution of 2004 and the Revolution of Dignity of 2013-2014. However, the so-called “energy fervor” gained at the beginning of the reform is slowing down in Ukraine.
Assessing and Evaluating the General Legal Characteristics of War Crimes: A Basic Necessity or a Confused Platform Hennadii Yevhenovych Bershov; Oksana Anatolyevna Hrytenko; Vadym Heorhiiovych Khashev; Mykhailo Ihorevych Fialka
Ius Humani. Jornal do direito Vol 11 No 1 (2022): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i1.295

Abstract

The general legal characteristics of war crimes allow to comprehensively study the indicated acts, to understand their essence, which in turn should facilitate and improve the quality of criminal qualification of criminal offenses against performing the established procedure of active service. The need to form general legal characteristics of war crimes is due to the fact that the sphere of public relations related to active service is intersectoral, since it is simultaneously regulated by the norms of various branches of law. The authors have found out the main features of war crimes and have carried out their characteristics by determining the specific features of their regulation both by criminal and other branches of law. The authors have provided an analytical basis for this in order to evaluate the provisions of regulatory legal acts regulating the procedure of active service and determine the main features of war crimes. The findings of the research was that war crimes infringe the statutory order of performing active service, and the subjects of such illegal acts are military personnel, persons liable to military duty and personnel with reserve obligations during the battle assembly. The general legal characteristics of war crimes is formed taking into account criminal and legal features of the specified criminal offenses and defines specific features of active service; the established procedure for performing active service; military personnel, persons liable to military duty and personnel with reserve obligations during the battle assembly as subjects of crime.
Respect of Human Rights and Freedoms During the Examination of a Person Within Criminal Proceedings: Issues of Theory and Practice Yana Koniushenko; Nataliia Opanasenko; Anton Mariienko; Oleh Melnyk
Ius Humani. Jornal do direito Vol 11 No 1 (2022): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i1.296

Abstract

Even though it becomes the responsibility of crime official to carry out the investigative phase so as to established commission, such procedure should be done by respecting the fundamental right of everyone. A person’s examination within criminal proceedings belongs to a range of investigative actions of restrictive nature. In this regard, the respect of human rights and freedoms becomes especially relevant during its conduction. According to experience in this field, law enforcement officers have questions on determining the subjects of this procedural action, the limits of applying coercion and the involvement of attesting witnesses. Systematic analysis of the Art. 241 of the Criminal Procedural Code of Ukraine demonstrated that the provisions set out in this Article are not sufficiently clear. That gives origins to the violations of human rights and freedoms. The authors have made a categorical conclusion about the need to improve the current regulations of the procedure for conducting examination within criminal proceedings. According to the results of the research, the authors have introduced scientifically sound proposals to improve the Ukrainian legislation concerning the procedure for conducting the investigation process.
Implementation of the Equality and Non-Discrimination Standard in the Current Precedents Issued by the Ecuadorian Constitutional Court María Luisa Azanza Torres
Ius Humani. Jornal do direito Vol 11 No 1 (2022): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i1.297

Abstract

This paper intends to show, the current state of the principle of equality and non-discrimination in the current precedents issued by the Ecuadorian Constitutional Court. For this purpose, we analyze the rulings on this matter by the Ecuadorian Constitutional Court since 2008 when the new Constitution was released. There are several articles throughout the current Constitution regarding equality and non-discrimination, and they are wide and open for interpretation. This has motivated different approaches by the judges that have not been able to reach to a uniform decision-making argument in the first rules about this matter. This study provides evidence of the evolution of precedents concerning concepts such as suspect categories and levels of scrutiny in the context of equality and non-discrimination standard. We also have compared this standard test with precedents issued by other foreign and international Courts. Based on this analysis, we have determinated the current equality and non-discrimination standard and its scope and limitations.
La capacidad jurídica de las personas con discapacidad en el Ecuador Andrea Carolina Subía
Ius Humani. Jornal do direito Vol 11 No 2 (2022): Ius Humani Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i2.299

Abstract

Este estudio analiza los indicadores estructurales a partir del modelo de derechos humanos de las personas con discapacidad en el Ecuador. Para ello se recopilan y analizan fuentes documentales e información bibliográfica. Se identifica la situación de las personas con discapacidad, el proceso de protección de derechos a nivel normativo. Se concluye en el análisis sobre la capacidad jurídica de las personas con discapacidad que las personas con discapacidad han sido incluidas dentro del contexto socioeconómico a través de normas laborales para la inserción social. Dentro de los indicadores estructurales mediante un análisis comparado con Colombia y Argentina, en Ecuador se deduce que existen normas que limitan sus derechos, es decir, en la institución de la interdicción. Por lo tanto, se requiere la implementación de la figura de sistemas de apoyo y salvaguardas.

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