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THE OBSERVANCE OF HUMAN RIGHT TO FREEDOM FROM TORTURE IN PROFESSIONAL ACTIVITY OF THE NATIONAL POLICE OF UKRAINE (ARTICLE 3 OF THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS)

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Andrii Voitsikhovskyi

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Associate Professor of the Department of Constitutional and International Law of Faculty 4 of Kharkiv National University of Internal Affairs (Ukraine). Ph.D. in Law.

Oleksandr Bakumov

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Associate Professor of the Department of Constitutional and International Law of Faculty 4 of Kharkiv National University of Internal Affairs (Ukraine). Ph.D. in Law.

Olena Ustymenko

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Associate Professor of the Department of Constitutional and International Law of Faculty 4 of Kharkiv National University of Internal Affairs (Ukraine). Ph.D. in Law.

Vadym Seliukov

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Associate Professor of Department of Police Administrative Activity of Kharkiv National University of Internal Affairs (Ukraine). Ph.D. in Law.

Abstract

The article considers the issue of observance by the bodies of the National Police of Ukraine of human right to freedom from torture or inhuman treatment or punishment. The practice of the European Court of Human Rights testifies that Ukrainians are increasingly applying to the Court for violations of the prohibition of torture or inhuman treatment by the police. The authors noted that the responsibility of the bodies of the National Police of Ukraine to prevent violations of human rights to freedom from torture or inhuman treatment was enshrined both in national law and in international legal documents, especially in the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. The application of the provisions of the Convention, as well as the decisions of the European Court of Human Rights as an integral part of its law enforcement practice, will contribute to the development of the protection of human rights in Ukraine. Summarizing the practice of the European Court of Human Rights in relation to Ukraine regarding violations of Article 3 of the Convention, the authors of the research singled out certain requirements that are binding on the bodies of the National Police of Ukraine. The observance of national legislation, application of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights will contribute the increasing of the public trust and respect for the law enforcement agencies, including the National Police of Ukraine and improving the efficiency of the Ukrainian justice system.

Keywords

Torture or inhuman treatment, or punishment; European Court of Human Rights; Convention for the Protection of Human Rights and Fundamental Freedoms; National Police of Ukraine.

How to cite this article

Voitsikhovskyi, Andrii; Bakumov, Oleksandr; Ustymenko, Olena; Seliukov, Vadym (2019). "The UN in Conflict Resolution: the case of East Timor". JANUS.NET e-journal of International Relations, Vol. 10, N.o 2, November 2019-April 2020. Consulted [online] on the date of the last visit, https://doi.org/10.26619/1647-7251.10.2.11

Article received on March 3, 2018 and accepted for publication on August 28, 2019

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BETWEEN FREEDOM OF CONTRACT AND THE PRINCIPLE OF GOOD FAITH: AN INSIDE VIEW ON THE REFORM OF PRIVATE LAW OF KAZAKHSTAN

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Kamal K. Sabirov

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PhD student in Legal Sciences at L.N. Gumilyov Eurasian National University and Senior Researcher at the Institute of Legislation of the Republic of Kazakhstan. He is the author of more than 40 scientific articles in Kazakh and Russian languages in the field of private law issues and active participant of the law making process in Kazakhstan.

Venera T. Konussova

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Deputy Director of the Institute of Legislation of the Republic of Kazakhstan; PhD in Legal Sciences. She is one of the developers of the Enterprise Code of the Republic of Kazakhstan and one of the authors of the Kazakhstan’s law on advocacy.

Marat A. Alenov

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Doctor of Law, Professor at L.N. Gumilyov Eurasian National University. He is one of the lead experts in Civil Procedure in Kazakhstan. He is the author of a large number of works in the field of private law and civil procedure.

Abstract

Over the years since Kazakhstan gained independence there have been cardinal changes in the country's economy associated with the inflow of foreign investments. These changes require the implementation of foreign experience in regulating economic relations and in particularly foreign contractual institutions. The International Financial Center "Astana" has started functioning in Kazakhstan since 2018. The acts of the International Financial Center are based on the principles and norms of law of England and Wales. In this regard, a largescale reform of the private law of the Republic of Kazakhstan was launched, aimed at identifying a number of civil-law ideas and designs that can be measured out in the Kazakh legislation from English law. The authors of this research are direct participants of the reform. This study is aimed at highlighting one of the issues considered within the framework of the reform of private law: strengthening the role of the principle of freedom of contract and the principle of good faith in the contract law of the Republic of Kazakhstan.

Keywords

Principle of good faith; freedom of contract; bona fide purchaser; legislation of Kazakhstan; private law of Kazakhstan

How to cite this article

Sabirov, Kamal K., Konussova, Venera T.; Alenov, Marat A. (2019). "Between freedom of contract and the principle of good faith: an inside view on the reform of private law of Kazakhstan". JANUS.NET e-journal of International Relations, Vol. 10, N.º 2, November 2019- April 2020. Consulted [online] on the date of the last visit, https://doi.org/10.26619/1647-7251.10.2.10

Article received on March 5, 2018 and accepted for publication on September 25, 2019

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RIGHTS OF MIGRANTS: NOTES ON THE JURISPRUDENCE OF THE INTER- AMERICAN COURT OF HUMAN RIGHTS

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María Teresa Palacios Sanabria

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Doctor in Law and holder of a Master degree in Constitutional Law from Universidad de Sevilla, Spain. Associate Professor at the Universidad del Rosario (Colombia) and lawyer of the Universidad del Rosario. Director of the Human Rights Research Group of the Faculty of Jurisprudence of the Universidad del Rosario.

Abstract

The rights of migrants represent a challenge for States, because their guarantee evidences the permanent tension between the sovereignty of the States and the protection of human rights in the international context. This article will analyse if it is really possible to affirm the existence of a true evolutionary development of the jurisprudence of the Inter-American Court of Human Rights in a contentious and consultative way and which, therefore, may contribute to the improvement of the rights of migrants in the IACHR. To this end, the text will address the following parts: I) Regulatory framework oriented to the sovereignty of States; II) The progressive contentious jurisprudence of the Inter-American Court III) The advisory opinions: integrating elements of rights and; IV) Conclusions.

Keywords

Human rights, Inter-American Court of Human Rights, progressive development, inter- American jurisprudence, international migration

How to cite this article

Sanabria, María Teresa Palacios (2019). "Rights of migrants: notes on the jurisprudence of the Inter-American Court of Human Rights". JANUS.NET e-journal of International Relations, Vol. 10, N.o 2, November 2019-April 2020. Consulted [online] on the date of the last visit, https://doi.org/10.26619/1647-7251.10.2.9 

Article received on February 6, 2018 and accepted for publication on September 15, 2019

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THE 3 SEAS INITIATIVE: GEOPOLITICS AND INFRASTRUCTURE

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Bernardo Calheiros

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Master in Strategy and Under-graduation in International Relations. National Defense Course and Advanced Geopolitics Studies Course. Former Director of Bilateral Relations Services at the Ministry of National Defense (Portugal). Consultant for the companies Gaporsul and Kyron Consultores. He is currently senior technician at the Directorate of International Relations of the General Directorate for National Defense Policy.

Abstract

The Three Seas Initiative (I3M) is an ambitious geopolitical project comprising twelve EU Member States located between the Baltic Sea, the Black Sea and the Adriatic Sea: from North to South, a wide range encompassing Estonia, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Hungary, Austria, Romania, Bulgaria, Slovenia and Croatia. It is a region with more than 25% of the EU's territory and about 22% of its population, but with a much lower economic representation. I3M aims to promote the development of central European infrastructures with a view to bringing this region closer to the economic development levels of other European countries. The I3M aimed for development of large projects of regional infrastructure in three major fields: energy, transport (road and rail) and the digital field (communications). The geopolitical importance of this project is immediately evident from the fact that many of these countries are landlocked states with no access to the sea. These infrastructures will now give them access to three seas and thus contribute to greater independence and room for maneuver in their policies. This region, situated in the center of the European continent, one of the main energy markets of the future, is also the scene of a very strong trade struggle between Russia, with its natural gas supplies, and the US, with its growing production of shale gas. The projects launched by I3M are therefore of greater economic and geopolitical importance, although they still have to ensure appropriate funding. Although the Three Seas Fund (TSF) was created), with a duration of 30 years and which aims to secure a financing of 100 billion euros (from an initial investment of the Member States in the amount of 5 billion euros), The truth is that much will depend on the support given by the EU and the countries interested in these projects, such as the US and China (link to the silk route). Some European countries have seen the birth of this Initiative with some suspicion, such as Germany, which has increasingly been focusing on Nordstream II, and Russia, which accuse their promoters of representing US interests on the European continent. Regardless of the controversies raised, I3M seems to be a form of regional cooperation that makes perfect sense and fully integrates into the spirit of European integration, seeking for its peoples the same development as the other Member States.

Keywords

Three Seas Initiative, Central Europe, Energy, Infrastructure

How to cite this article

Calheiros, Bernardo (2019). "The 3 Seas Initiative: Geopolitics and Infrastructure". JANUS.NET e-journal of International Relations, Vol. 10, N.º 2, November 2019-April 2020. Consulted [online] on the date of the last visit, https://doi.org/10.26619/1647-7251.10.2.8

Article received on September 17, 2019 and accepted for publication on October 1, 2019