Child pornography is almost universally condemned as a form of child sexual abuse and exploitation. Consequently, child pornography is prohibited in many countries. In response to the pervasiveness of child pornography, the United Nations and the Council of Europe have adopted international legal frameworks to criminalize the production, distribution, and possession of child pornographic materials. At present, both the Republic of Korea (South Korea) and Thailand have their own criminal laws against child pornography. The purpose of this article is to present a comparative analysis of the child pornography laws in these two Asian nations against the background of these international legal frameworks to evaluate the extent to which the Korean and Thai child pornography laws are in line with them.
{"title":"A Comparative Study of Child Pornography Laws in the Republic of Korea and in Thailand against the Background of International Legal Frameworks","authors":"Jompon Pitaksantayothin","doi":"10.12775/clr.2023.005","DOIUrl":"https://doi.org/10.12775/clr.2023.005","url":null,"abstract":"Child pornography is almost universally condemned as a form of child sexual abuse and exploitation. Consequently, child pornography is prohibited in many countries. In response to the pervasiveness of child pornography, the United Nations and the Council of Europe have adopted international legal frameworks to criminalize the production, distribution, and possession of child pornographic materials. At present, both the Republic of Korea (South Korea) and Thailand have their own criminal laws against child pornography. The purpose of this article is to present a comparative analysis of the child pornography laws in these two Asian nations against the background of these international legal frameworks to evaluate the extent to which the Korean and Thai child pornography laws are in line with them.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":"18 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138601845","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Constitution of the Italian Republic asserts the principle of solidarity in a particularly evident manner and marks one of the clearest instances and one of the most strongly enshrined manifestations of that principle within Europe. The centrality and pervasive way this watchword of the contemporary political and legal lexicon is used takes on a particular depth in the light of the immense tragedy of the migrants crossing the Mediterranean Sea, who for several years now have been knocking on the doors of Europe day after day, with a profound effect on the Old Continent. The word solidarity has taken on an even more dramatic depth since Russia launched an unprovoked war of aggression against its peaceful neighbour, Ukraine, resulting in a significant armed conflict in Europe and an increase in the number of refugees and asylum-seekers from Ukraine. In contrast to the weak and uncertain European solidarity towards those migrants who reach its southern boundaries, the EU’s solidarity towards the Ukrainian people has been clear and evident.
{"title":"The Principle of Solidarity Within the Italian Constitution. Recent Issues and Developments in the European Context.","authors":"Gariella Mangione","doi":"10.12775/clr.2023.004","DOIUrl":"https://doi.org/10.12775/clr.2023.004","url":null,"abstract":"The Constitution of the Italian Republic asserts the principle of solidarity in a particularly evident manner and marks one of the clearest instances and one of the most strongly enshrined manifestations of that principle within Europe. The centrality and pervasive way this watchword of the contemporary political and legal lexicon is used takes on a particular depth in the light of the immense tragedy of the migrants crossing the Mediterranean Sea, who for several years now have been knocking on the doors of Europe day after day, with a profound effect on the Old Continent. The word solidarity has taken on an even more dramatic depth since Russia launched an unprovoked war of aggression against its peaceful neighbour, Ukraine, resulting in a significant armed conflict in Europe and an increase in the number of refugees and asylum-seekers from Ukraine. In contrast to the weak and uncertain European solidarity towards those migrants who reach its southern boundaries, the EU’s solidarity towards the Ukrainian people has been clear and evident.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":"72 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138604637","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The legal form of a limited liability company is the most popular among all commercial companies in Poland. The vast majority of these companies conduct business activities for profit. However, there are a number of companies that are preoccupied with non-economic activities, pursue pro-social goals, and define themselves as non-profit companies or social enterprises. The article presents a historical outline and legal basis for the conducting of non-profit activities by limited liability companies in Poland. The subject of the research will be the legal conditions for the obtaining of the status of a social economy entity by a limited liability company and the conditions for the obtaining of the status of a social enterprise, in connection with the entry into force of the Act of August 5, 2022 on the social economy. The possibility of conducting business activity by these entities will also be analysed.
{"title":"Legal Aspects of the Functioning of a Limited Liability Company as a Social Enterprise in Polish Law","authors":"Aleksandra Sikorska-Lewandowska","doi":"10.12775/clr.2023.006","DOIUrl":"https://doi.org/10.12775/clr.2023.006","url":null,"abstract":"The legal form of a limited liability company is the most popular among all commercial companies in Poland. The vast majority of these companies conduct business activities for profit. However, there are a number of companies that are preoccupied with non-economic activities, pursue pro-social goals, and define themselves as non-profit companies or social enterprises. \u0000The article presents a historical outline and legal basis for the conducting of non-profit activities by limited liability companies in Poland. The subject of the research will be the legal conditions for the obtaining of the status of a social economy entity by a limited liability company and the conditions for the obtaining of the status of a social enterprise, in connection with the entry into force of the Act of August 5, 2022 on the social economy. The possibility of conducting business activity by these entities will also be analysed.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":"17 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138604127","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study carries out research into international arbitration in disputes of administrative contracts while discussing the level of possibility of resorting to arbitration as a means of settling administrative disputes, and discussing the situation of Kuwaiti law with some references to French law in the field of administrative contracts. The French lawgiver issued laws by which he organized arbitration in some disputes to which the state or any of its public staff (industrial, commercial, and economic establishments) were a party therein, and we defined what are the cases in which it is possible to resort to arbitration in administrative contracts locally or internationally in these countries. As to the general basis, the administrative court is deemed the concerned entity in every country and it is the original competent authority to consider administrative disputes, and we clarified that the Kuwaiti did not issue a special law for arbitration in administrative contracts, however such proceedings may be conducted according to other laws, i.e., Partnership Law, and the study concluded some important results as to accepting arbitration in administrative contracts that must be provided in international legislations and agreements.
{"title":"International Arbitration as an Alternative Method for Settling Administrative Disputes in the Kuwaiti Law","authors":"Muna Alhajri","doi":"10.12775/clr.2023.001","DOIUrl":"https://doi.org/10.12775/clr.2023.001","url":null,"abstract":"This study carries out research into international arbitration in disputes of administrative contracts while discussing the level of possibility of resorting to arbitration as a means of settling administrative disputes, and discussing the situation of Kuwaiti law with some references to French law in the field of administrative contracts. The French lawgiver issued laws by which he organized arbitration in some disputes to which the state or any of its public staff (industrial, commercial, and economic establishments) were a party therein, and we defined what are the cases in which it is possible to resort to arbitration in administrative contracts locally or internationally in these countries. As to the general basis, the administrative court is deemed the concerned entity in every country and it is the original competent authority to consider administrative disputes, and we clarified that the Kuwaiti did not issue a special law for arbitration in administrative contracts, however such proceedings may be conducted according to other laws, i.e., Partnership Law, and the study concluded some important results as to accepting arbitration in administrative contracts that must be provided in international legislations and agreements.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":"9 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138602115","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this paper we will evaluate the significance of the arbitration clause in international employment contracts. Our aim is to understand how this particular alternative dispute resolution (ADR) mechanism is utilized in the Gulf Cooperation Council (GCC) countries. Even though the law in several countries aims to protect employees by prohibiting arbitration agreements (due to considerations of employee protection), we argue that it should be optional for the employee to enter into labour agreements with arbitration clauses. This is especially important when the arbitration agreement achieves the employees’ interests, and is agreed upon with informed and clear consent. We will engage with arguments which advocate the prohibition of arbitration agreements within Individual Employment Contracts (IECs); whilst taking the position that the flexibility, speed, confidentiality and predictability of arbitration provides specific advantages to international employees compared to litigation before court. Furthermore, in the context of a desire on the side of GCC countries to attract high-skilled labour (and when there are many misconceptions regarding the adjudicative functions of labour law courts in the GCC), arbitration clauses can play a significant role in mediating between different legal cultures.
{"title":"Validity of the Arbitration Clause in the International Employment Contract: the Viewpoint of the GCC Countries","authors":"Sharaf Khaled Al-Sharaf, Anas Faisal Al-Tourah","doi":"10.12775/clr.2023.007","DOIUrl":"https://doi.org/10.12775/clr.2023.007","url":null,"abstract":"In this paper we will evaluate the significance of the arbitration clause in international employment contracts. Our aim is to understand how this particular alternative dispute resolution (ADR) mechanism is utilized in the Gulf Cooperation Council (GCC) countries. Even though the law in several countries aims to protect employees by prohibiting arbitration agreements (due to considerations of employee protection), we argue that it should be optional for the employee to enter into labour agreements with arbitration clauses. This is especially important when the arbitration agreement achieves the employees’ interests, and is agreed upon with informed and clear consent. We will engage with arguments which advocate the prohibition of arbitration agreements within Individual Employment Contracts (IECs); whilst taking the position that the flexibility, speed, confidentiality and predictability of arbitration provides specific advantages to international employees compared to litigation before court. Furthermore, in the context of a desire on the side of GCC countries to attract high-skilled labour (and when there are many misconceptions regarding the adjudicative functions of labour law courts in the GCC), arbitration clauses can play a significant role in mediating between different legal cultures.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138602605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of the research is to assess the state of protection of the rights of workers of industrial enterprises from the viewpoint of both international and national legislation in the conditions of a full-scale invasion of the Russian Federation on the territory of Ukraine. The research was conducted using qualitative analysis, formal-legal, logical-legal, system-functional methods, as well as the method of interpreting legal norms (method of legal hermeneutics). The paper states the insufficient effectiveness of the norms of modern international humanitarian law regarding the protection of the rights of workers of industrial enterprises in the conditions of martial law in Ukraine. The paper describes the general and special regime of regulation of the rights of workers of industrial enterprises in the conditions of martial law in Ukraine. For the first time, the authors proposed to understand the protection of the rights of individuals by international humanitarian law in both a broad and a narrow sense, and the meaning of such approaches was revealed. The publication developed recommendations for the protection of the rights of workers of industrial enterprises in the conditions of armed conflicts, recommendations which are important for the development of regulations, which indicates the practical significance of the paper.
{"title":"Protection of the Rights of Workers of Industrial Enterprises by International Humanitarian Law (on the Example of the War in Ukraine)","authors":"Oleg Yaroshenko, Nataliia Melnychuk, Olena Moskalenko, R.E. Prokopiev, Yelyzaveta Yaryhina","doi":"10.12775/clr.2023.003","DOIUrl":"https://doi.org/10.12775/clr.2023.003","url":null,"abstract":"The purpose of the research is to assess the state of protection of the rights of workers of industrial enterprises from the viewpoint of both international and national legislation in the conditions of a full-scale invasion of the Russian Federation on the territory of Ukraine. The research was conducted using qualitative analysis, formal-legal, logical-legal, system-functional methods, as well as the method of interpreting legal norms (method of legal hermeneutics). The paper states the insufficient effectiveness of the norms of modern international humanitarian law regarding the protection of the rights of workers of industrial enterprises in the conditions of martial law in Ukraine. The paper describes the general and special regime of regulation of the rights of workers of industrial enterprises in the conditions of martial law in Ukraine. For the first time, the authors proposed to understand the protection of the rights of individuals by international humanitarian law in both a broad and a narrow sense, and the meaning of such approaches was revealed. The publication developed recommendations for the protection of the rights of workers of industrial enterprises in the conditions of armed conflicts, recommendations which are important for the development of regulations, which indicates the practical significance of the paper.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":"34 16","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138603712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Delisting a company from the stock market often negatively affects the interests of all related parties. For shareholders, the main detriment is their loss of the ability to trade and sell their shares on the open stock market. As voluntary delistings become a more prevalent market phenomenon worldwide, countries are seeking to implement regulatory protections during the process. The aim of this paper is to make a comparative analysis of the protection of shareholders during delisting across multiple jurisdictions including the United States, the UK, Germany, India, and Thailand that have adopted different regimes for protecting shareholders during a company’s voluntary delisting. The goal is to answer the question of which shareholder protection instruments in the covered jurisdictions have adopted to protect shareholder and company interests during delisting, and also to question the effectiveness of investor protection in voluntary delisting. The paper offers potential ways to better protect the rights of shareholders during the voluntary delisting process to achieve a balanced regulation of different corporate actors’ interests.
{"title":"Balancing Business Objectives and Shareholders’ Rights in Voluntary Delisting: a Comparative Analysis of Selected Legal Jurisdictions","authors":"Fahad Alzumai, F. N. Alshammari","doi":"10.12775/clr.2023.002","DOIUrl":"https://doi.org/10.12775/clr.2023.002","url":null,"abstract":"Delisting a company from the stock market often negatively affects the interests of all related parties. For shareholders, the main detriment is their loss of the ability to trade and sell their shares on the open stock market. As voluntary delistings become a more prevalent market phenomenon worldwide, countries are seeking to implement regulatory protections during the process. The aim of this paper is to make a comparative analysis of the protection of shareholders during delisting across multiple jurisdictions including the United States, the UK, Germany, India, and Thailand that have adopted different regimes for protecting shareholders during a company’s voluntary delisting. The goal is to answer the question of which shareholder protection instruments in the covered jurisdictions have adopted to protect shareholder and company interests during delisting, and also to question the effectiveness of investor protection in voluntary delisting. The paper offers potential ways to better protect the rights of shareholders during the voluntary delisting process to achieve a balanced regulation of different corporate actors’ interests.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":"4 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138601302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The European Court of Human Rights, when interpreting the rights guaranteed by the European Convention on Human Rights, develops in its jurisprudence autonomous concepts that serve as the foundation for the effective protection of human rights and fundamental freedoms. Thus, the European Court of Human Rights establishes certain standards that are binding on all Member States of the Council of Europe. Autonomous concepts act as a kind of “safeguard” against the abuse and arbitrariness of national authorities. They also contribute to the unification and harmonization of different legal systems, as well as the progress of a uniform judicial practice in the process of interpretation and application of law. The purpose of this article is to reveal the essence and analyse the content and key components of such autonomous concepts as criminal charge, lawfulness, penalty, person of unsound mind, and peaceful assembly in the practice of the European Court of Human Rights.
{"title":"Analysis of Autonomous Concepts in the Practice of the European Court of Human Rights","authors":"K. Trykhlib","doi":"10.12775/clr.2022.016","DOIUrl":"https://doi.org/10.12775/clr.2022.016","url":null,"abstract":"The European Court of Human Rights, when interpreting the rights guaranteed by the European Convention on Human Rights, develops in its jurisprudence autonomous concepts that serve as the foundation for the effective protection of human rights and fundamental freedoms. Thus, the European Court of Human Rights establishes certain standards that are binding on all Member States of the Council of Europe. Autonomous concepts act as a kind of “safeguard” against the abuse and arbitrariness of national authorities. They also contribute to the unification and harmonization of different legal systems, as well as the progress of a uniform judicial practice in the process of interpretation and application of law.\u0000The purpose of this article is to reveal the essence and analyse the content and key components of such autonomous concepts as criminal charge, lawfulness, penalty, person of unsound mind, and peaceful assembly in the practice of the European Court of Human Rights.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45122280","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
O. Honcharenko, L. Neskorodzhena, Iryna Iefremova, I. Lomakina, I. Malyshko
The article considers topical issues of the implementation of the concept of corporate social responsibility (CSR) in Ukraine. It is emphasized that the concept of corporate social responsibility involves changes in the legal support of the self-regulation of economic activity. CSR in Ukraine includes the voluntary establishment of norms on social corporate responsibility and determination of the mechanism and means of its implementation. The submission of a corporate social responsibility report is an essential element of CSR though it is not currently mandatory in Ukraine. In Ukraine, the development of CSR in agriculture should be a priority. It has been established that CSR advocacy is insufficient in Ukraine, and therefore public authorities and non-governmental organizations have to introduce the practice of explaining the need introduce and implement CSR institutions through seminars, conferences, training on responsible business behavior, educational programs, and training courses. Observance of labor rights and guarantees should be a mandatory task for Ukrainian companies in terms of CSR development. It is proposed to amend a number of regulations namely the Law of Ukraine “On Business Associations” and the Economic Code of Ukraine. The creation of the Concept for the Development of Corporate Social Responsibility should determine the prospects and directions of CSR support by the state, expand the interaction between business entities and civil society, systematize existing and prospective tools for its development. Such changes update the implementation of the rules of the Association Agreement between Ukraine and the EU and they will facilitate the implementation of the rules on CSR liability in practice.Taking into account the ongoing war of Russia against Ukraine since 2014 and its new stage – the full-scale invasion by Russia of Ukraine in 2022, business entities have proposed the separation of CSR policies in the conditions of war. Human rights protection of the conditions of war, workers’ safety (mobilization, evacuation), the organization of the business entity’s work (the responsibility of each employee from the head of the company to the lower level of the executive, payment of labor, taxes, etc.); assistance to the state, armed forces, employees, and other citizens, termination of cooperation with counterparty residents in the Russian Federation and Belarus, withdrawal from the market, etc. of these countries should become the key elements of such policies. The preservation of human life will be an overriding imperative of CSR in wartime.
{"title":"Development of the Concept of Corporate Social Responsibility: Practice in Ukraine","authors":"O. Honcharenko, L. Neskorodzhena, Iryna Iefremova, I. Lomakina, I. Malyshko","doi":"10.12775/clr.2022.012","DOIUrl":"https://doi.org/10.12775/clr.2022.012","url":null,"abstract":"The article considers topical issues of the implementation of the concept of corporate social responsibility (CSR) in Ukraine. It is emphasized that the concept of corporate social responsibility involves changes in the legal support of the self-regulation of economic activity. CSR in Ukraine includes the voluntary establishment of norms on social corporate responsibility and determination of the mechanism and means of its implementation. The submission of a corporate social responsibility report is an essential element of CSR though it is not currently mandatory in Ukraine.\u0000In Ukraine, the development of CSR in agriculture should be a priority. It has been established that CSR advocacy is insufficient in Ukraine, and therefore public authorities and non-governmental organizations have to introduce the practice of explaining the need introduce and implement CSR institutions through seminars, conferences, training on responsible business behavior, educational programs, and training courses. Observance of labor rights and guarantees should be a mandatory task for Ukrainian companies in terms of CSR development. It is proposed to amend a number of regulations namely the Law of Ukraine “On Business Associations” and the Economic Code of Ukraine. The creation of the Concept for the Development of Corporate Social Responsibility should determine the prospects and directions of CSR support by the state, expand the interaction between business entities and civil society, systematize existing and prospective tools for its development. Such changes update the implementation of the rules of the Association Agreement between Ukraine and the EU and they will facilitate the implementation of the rules on CSR liability in practice.Taking into account the ongoing war of Russia against Ukraine since 2014 and its new stage – the full-scale invasion by Russia of Ukraine in 2022, business entities have proposed the separation of CSR policies in the conditions of war. Human rights protection of the conditions of war, workers’ safety (mobilization, evacuation), the organization of the business entity’s work (the responsibility of each employee from the head of the company to the lower level of the executive, payment of labor, taxes, etc.); assistance to the state, armed forces, employees, and other citizens, termination of cooperation with counterparty residents in the Russian Federation and Belarus, withdrawal from the market, etc. of these countries should become the key elements of such policies. The preservation of human life will be an overriding imperative of CSR in wartime.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43021809","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article focuses on current problems of the realization of the right to effective remedies for everyone who has fallen within the purview of the Law of Ukraine “On Government Cleansing” in Ukraine during the lustration, since this right is guaranteed by the Convention for the protection of human rights and fundamental freedoms of 1950. The analysis of the established lustration standards, which were formulated by the European institutions taking into account other countries’ experiences, showed that the appropriate realization of the right to effective remedies during lustration is one of the key aspects of government cleansing in a democratic country founded on the rule of law. The article raises the issue of the applicability of the constitutional principles of presumption of innocence and individual responsibility to the Ukrainian context of lustration. This issue remains open for domestic legal theory and practice because it is complex and requires the official legal position of the Constitutional Court of Ukraine.
{"title":"Current Problems of the Realisation of the Right to Effective Remedies in the Ukrainian Context of Lustration","authors":"Olena Tomkina, O. Mudra, Vladyslav Rudei","doi":"10.12775/clr.2022.015","DOIUrl":"https://doi.org/10.12775/clr.2022.015","url":null,"abstract":"The article focuses on current problems of the realization of the right to effective remedies for everyone who has fallen within the purview of the Law of Ukraine “On Government Cleansing” in Ukraine during the lustration, since this right is guaranteed by the Convention for the protection of human rights and fundamental freedoms of 1950. The analysis of the established lustration standards, which were formulated by the European institutions taking into account other countries’ experiences, showed that the appropriate realization of the right to effective remedies during lustration is one of the key aspects of government cleansing in a democratic country founded on the rule of law. The article raises the issue of the applicability of the constitutional principles of presumption of innocence and individual responsibility to the Ukrainian context of lustration. This issue remains open for domestic legal theory and practice because it is complex and requires the official legal position of the Constitutional Court of Ukraine. ","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47749986","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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