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Journal articles on the topic 'Defense's rights'

Author: Grafiati

Published: 8 June 2024

Last updated: 31 July 2025

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1

Zaiets, O. I. "Peculiarities of modern judicial practice regarding negatoria defense of rights to land plots." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 259–64. http://dx.doi.org/10.24144/2788-6018.2024.04.40.

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The article is devoted to the analysis, generalization and systematization of the practice of the Supreme Court in terms of the application of negatoria defense of land rights. Scientific approaches to the essence and content of negatoria defense of land rights are considered. Negatoria defense is compared with related defense methods, in particular, with termination of the infringing action and vindicatio. The following conclusions were drawn from the analyzed court decisions: 1) under the rebuttable presumption, the owner always has the right to own a plot of land, if the state registration

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2

Greenlaw, Paul S., and John P. Kohl. "Employer “Business” and “Job” Defenses in Civil Rights Actions." Public Personnel Management 23, no. 4 (1994): 573–86. http://dx.doi.org/10.1177/009102609402300404.

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In civil rights actions, employee-plaintiffs alleging discrimination must attempt to prove a prima facie case;1 and if accomplished the employer-defendant must attempt to rebut such cases with some type of defense. These defenses may be very narrow and specific in scope such as the seniority or merit system defenses explicitly provided for under the 1963 Equal Pay Act (EPA). On the other hand, broader “business” and or “job” defenses (and the wording and meaning varies from situation to situation) have been both devised by the courts as standards of behavior for employers, and stipulated for e

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3

Balatska, O. R., and G. P. Nyzhnyk. "Evolution of the institution of disclosure of criminal proceedings in the context of ensuring the right to defense." Analytical and Comparative Jurisprudence, no. 2 (April 28, 2025): 935–40. https://doi.org/10.24144/2788-6018.2025.02.139.

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The article examines the evolution of regulatory and legal frameworks governing criminal procedural legislation concerning the disclosure of criminal case materials to the other party. In particular, the authors analyzed the current criminal procedural legislation and practical issues related to the implementation of the rights and guarantees of the defense under the provisions of the 1960 Criminal Procedure Code (CPC). The article highlights legislative gaps, deficiencies, and practical challenges arising from the existing regulatory framework. Emphasis is placed on the fact that, before the

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4

Harel, Alon. "Revisionist Theories of Rights: An Unwelcome Defense." Canadian Journal of Law & Jurisprudence 11, no. 2 (1998): 227–44. http://dx.doi.org/10.1017/s0841820900002009.

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Disputes over the scope of specific rights, e.g., over the right to free speech, the right to property, or the right to equality, often originate in differing assumptions concerning the reasons that justify the protection of these rights. Thus, those who believe that reasons of autonomy justify the right to free speech will identify the scope of this right differently from those who justify this protection through, say, appeal to the marketplace of ideas. Despite the diverse subject matter of these disputes, there is a uniform structure characterizing them. Some supporters of rights, call them

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5

Huang, Tian Ming, Xing Yun Yu, and Chao Xie. "Research on the Sort and Evaluation of National Defense Intellectual Property Rights." Advanced Materials Research 971-973 (June 2014): 2398–401. http://dx.doi.org/10.4028/www.scientific.net/amr.971-973.2398.

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According as the characteristic of National Defense Intellectual Property Rights, such as martial, monopolized, specific and be not suitable for current, the thesis classified National Defense Intellectual Property Rights as National Defense patent, National Defense technology privacy, National Defense copyright, National Defense brand-right and National Defense credit standing right. We should choose different means base on the different types.

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6

Mudassar Hussain and Naeem Akhtar. "Theoretically Justification of Human Rights: A Case of Natural Rights Theory." Zakariya Journal of Social Science 2, no. 1 (2023): 42–53. http://dx.doi.org/10.59075/zjss.v2i1.232.

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The theoretical justification of natural rights examines the philosophical foundations and ethical principles that support the existence and applicability of these rights. People have some rights simply by being human, and neither groups nor governments may bestow them upon them, according to the idea of natural rights. It also provides a concise overview of the theories that support natural rights, including those that rely on moral intuition, human nature, and the Social Contract. The moral intuition approach maintains that natural rights are self-evident and universally accepted since they

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7

AMBROSĂ, Cosmin. "Non-patrimonial Rights Defense – The Right to One's Own Image." Anuarul Universitatii "Petre Andrei" din Iasi - Fascicula: Drept, Stiinte Economice, Stiinte Politice 28 (December 10, 2021): 16–30. http://dx.doi.org/10.18662/upalaw/63.

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A person's image is a fundamental value, provided by both the Civil Code and the fundamental law, whose protection is ensured by maintaining a fair balance between the exercise of the right to be informed and the freedom of expression. Thus, from the point of view of the ECHR’s practice, freedom of expression is not an absolute, inviolable and uncensored right as the freedom of holding an opinion and the freedom of speaking because it must be exercised like any other human rights, within its natural limits so as not to harm in any way the others' right and legitimate interest.

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8

Ortynskyi, Volodymyr. "Regarding compliance with national standards for ensuring individual rights to protection in accordance with international standards." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, no. 41 (2024): 1–7. http://dx.doi.org/10.23939/law2024.41.001.

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The issue of compliance with national standards ensuring an individual’s right to protection in accordance with international standards has been considered. It is noted that one of the primary tasks of modern international law is to ensure international protection of human rights and establish norms regulating relations between states and other subjects of international law. These norms aim to guarantee the rights and freedoms of individuals as provided by international agreements. Emphasizing that the process of establishing international legal standards for human rights protection is inevita

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9

Mamula, Đorđe. "Right of the accused to adequate time for preparing his defense in the criminal proceedings." Glasnik Advokatske komore Vojvodine 72, no. 8-9 (2000): 309–15. http://dx.doi.org/10.5937/gakv0008309m.

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The author analyzes statutory provisions as to right to defense and right to adequate time for preparing the defense. The author criticizes the Statute that divides these rights into two categories: the rights before and the rights after the first questioning of the accused. The Constitution does not define this right as deferred to some later moment in the proceedings. Guarantees for the position of the accused have to be of such nature to prevent arbitrariness in the application of legal norms.

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10

Kvansakul, Marc, Fung T. Lay, Christopher G. Adda, et al. "Binding of phosphatidic acid by NsD7 mediates the formation of helical defensin–lipid oligomeric assemblies and membrane permeabilization." Proceedings of the National Academy of Sciences 113, no. 40 (2016): 11202–7. http://dx.doi.org/10.1073/pnas.1607855113.

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Defensins are cationic antimicrobial peptides that serve as important components of host innate immune defenses, often by targeting cell membranes of pathogens. Oligomerization of defensins has been linked to their antimicrobial activity; however, the molecular basis underpinning this process remains largely unclear. Here we show that the plant defensin NsD7 targets the phospholipid phosphatidic acid (PA) to form oligomeric complexes that permeabilize PA-containing membranes. The crystal structure of the NsD7–PA complex reveals a striking double helix of two right-handed coiled oligomeric defe

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11

Majchrzak, Dawid. "Historia prawa człowieka do obrony. Współczesne jego rozumienie." Civitas et Lex 33, no. 1 (2022): 85–100. http://dx.doi.org/10.31648/cetl.6972.

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The purpose of this article is to present the rights to defense in the universal, regional andnational human rights system. The article presents the institutions of the right to defense from theoldest civilisations until today. It shows the most important regulations of the universal systemof human rights protection, as well as regional systems and national law, and analyses the rightto defense as a procedural institution. The aim of this article is to present the evolution of therights of defense from the point of view of human rights where it is an indispensable elementof the applicable code

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12

Fellmeth, Aaron. "Personal Self-Defense Under International Law: A Case Study of an Inferred Human Right." Human Rights Quarterly 47, no. 3 (2025): 338–93. https://doi.org/10.1353/hrq.2025.a965924.

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ABSTRACT: Against conventional wisdom, this article argues that personal self-defense is a human right under international law on three separate grounds. After defining self-defense and its requirements, it shows how the right to selfdefense is a human right as an application of general principles of law, as a treaty right, and under customary international law. Specifically, it argues that, although a human right to self-defense may not be a general principle of law per se , it is a specific application of two general principles of law, equity and necessity. It then argues that, although self

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13

Goldberg, N. O., and Ye R. Zubkova. "Conceptual approaches to the correlation of “protection” and “security” in criminal law regulation." Analytical and Comparative Jurisprudence 3, no. 3 (2025): 57–62. https://doi.org/10.24144/2788-6018.2025.03.3.8.

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The article analyzes the correlation between the concepts of “protection” and “defense” of rights in the general sense and in the context of ensuring the right to defense in criminal and procedural legislation of Ukraine. The author examines the differences between these concepts, emphasizing that “defense” is an active procedural right of a person which is realized through participation in criminal proceedings, while “protection” includes systemic activities of the State aimed at creating conditions for the realization of this right, as well as guarantees of protection of the right to defense

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14

Sushkova, Yulia N. "Customary-Legal Dimension of Self-Defense (in Memory of N.I. Uzdimaeva)." Sociopolitical Sciences 12, no. 3 (2022): 86–89. https://doi.org/10.33693/2223-0092-2022-12-3-86-89.

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The article examines the biography and views on the Institute of self-defense of Natalia Ivanovna Tyurina (Uzdimaeva), associate professor of the N.P. Ogarev Mordovian State University, who died prematurely in 2021. From the point of view of N.I. Uzdimaeva legal self-defense is considered as an independent subjective right, the isolation of which in modern conditions is a real necessity, which should be it should be feasible, and its subjects should be given the opportunity to prevent violations of rights, restore them and compensate for all losses. The researcher considers such elements of th

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15

McCall, John J. "Employee Voice in Corporate Governance: A Defense of Strong Participation Rights." Business Ethics Quarterly 11, no. 1 (2001): 195–213. http://dx.doi.org/10.2307/3857877.

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Abstract:This article surveys arguments for the claim that employees have a right to strong forms of decision-making participation. It considers objections to employee participation based on shareholders’ property rights and it claims that those objections are flawed. In particular, it argues the employee participation rights are grounded on the same values as are property rights. The article suggests that the conflict between these two competing rights claims is best resolved by limiting the scope of corporate property rights and by recognizing a strong employee right to co-determine corporat

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16

Kuzubov, A. A., and A. N. Maksimenko. "Essence of the Stipulation in the Roman Private Law." Legal Order and Legal Values 1, no. 2 (2023): 47–55. http://dx.doi.org/10.23947/2949-1843-2023-1-2-47-55.

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Introduction. The issues of stipulation were widely covered in the ancient Roman Law sources of knowledge. Throughout the history of Roman Law, the institution of stipulation has undergone some changes. The stipulation arose in the archaic period and got the greatest development in the classical era. Within the Roman Private Law course, which is obligatory for substantial study of the Law curriculum, the special place is allocated to the topic of stipulation. The aim of the present study is to provide the scientific analysis of the Roman Law sources of knowledge with regard to the subject matt

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17

Kryńska, Elwira Jolanta. "Kardynał Stefan Wyszyński w obronie praw narodu." Polska Myśl Pedagogiczna 7 (November 30, 2021): 37–53. http://dx.doi.org/10.4467/24504564pmp.21.002.13932.

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Cardinal Stefan Wyszynski in Defense of the Rights of the Nation The impulse to refer to the personal exemplar of Primate Stefan Cardinal Wyszyński and his teachings about the nation and family are the tendencies of moral relativism present in social life, resulting from the belief that only effectiveness and practical usefulness determine what is true and what is good. Seeing in this the threat of a return to „the only right and true doctrine”, which in truth is no longer the ideology of Marxism-Leninism, but destructive views opposing national culture, I consider it justified to recall one o

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18

YI, ZOON IL. "Division and Combination of Right to Defense and Right to Benefit: Focusing on Right to Trial and Right to Vote." European Constitutional Law Association 41 (April 30, 2023): 201–40. http://dx.doi.org/10.21592/eucj.2023.41.201.

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The right to defense means the right to demand the omission or cessation of an act of external aggression by the state against the freedoms presupposed thereon. Depending on the type of freedom that is the premise of the right of defence, the state’s external aggression against it also differs in its type. An aggression against freedom of action appears as an aggression that hinders or deters the action; an aggression against freedom of state appears as an aggression that interferes with or intervenes in a certain state, in particular, an aggression against a legal status where a certain legal

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19

Gooding, Piers, and Tova Bennet. "The Abolition of the Insanity Defense in Sweden and the United Nations Convention on the Rights of Persons with Disabilities." New Criminal Law Review 21, no. 1 (2018): 141–69. http://dx.doi.org/10.1525/nclr.2018.21.1.141.

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The U.N. Convention on the Rights of Persons with Disabilities (CRPD) may require the abolition of the insanity defense and similar “special defenses” in criminal law. Proponents argue that abolishing the defense would advance efforts to fully recognize the legal capacity of persons with disabilities on an equal basis with others; detractors suggest it would compound the substantive inequality of an already marginalized population. This paper seeks to accelerate this debate with reference to Swedish criminal law, which saw the abolition of the insanity defense in 1965. Neither side of the deba

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20

Mendonsa, Lester. "Exercising the Ecclesial Right in the Defense of Fundamental Human Rights (Canon 747 §2)." Philippiniana Sacra 57, no. 173 (2022): 215–46. http://dx.doi.org/10.55997/2002pslvii173a2.

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The Catholic Church enjoys the right to proclaim moral principles even in the social order and to defend fundamental human rights at all times (c. 747 §2). The papal prayer intention of April 2021 once again brings to the fore, the ecclesial right to safeguard human rights, those that have been agreed upon within the Universal Declaration of Human Rights but continue to be violated. The article examines the social and ecclesial implications that are inherent in the exercise of the ecclesial right. This includes the participatory role of every level of ecclesial governance from the papal magist

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21

Nikulenko, Andrey, and Maksim Smirnov. "The right for defense to protect property rights and personal non-property rights: real or illusive." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2024, no. 3 (2024): 228–39. http://dx.doi.org/10.35750/2071-8284-2024-3-228-239.

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Introduction. By virtue of the provisions of Article 45 of the Constitution of the Russian Federation, everyone is guaranteed the right to defend personal rights and freedoms in all ways not prohibited by law. This fundamental constitutional principle is reflected in Article 37 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), which enshrines the right of any person to the necessary defence, that is, to harm (up to deprivation of life) an encroaching person while suppressing socially dangerous encroachments protecting onese

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22

Mathiesen, Kay. "The Human Right to Internet Access: A Philosophical Defense." International Review of Information Ethics 18 (December 1, 2012): 9–22. http://dx.doi.org/10.29173/irie299.

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The United Nations has suggested that access to the Internet is a human right. In this paper, I defend the U.N.’s position against a number of challenges. First, I show that Vinton Cerf’s recent rejection of the human right to the Internet is based on a misunderstanding of the nature and structure of human rights. Second, I argue that the Internet enables the right to communicate, which is a linchpin right, and, thus, states have a duty to see to it that citizens have access to Internet technology. Third, I argue that concerns that the Internet can be used to engage in oppression and imperiali

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23

Chirninov, Aldar. "“Is silence golden?”: The constitutionality of the refusal of a person who has entered into a pre-trial cooperation agreement to answer questions from the defense." Sravnitel noe konstitucionnoe obozrenie 32, no. 1 (2023): 172–80. https://doi.org/10.21128/1812-7126-2023-1-172-180.

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This article examines the constitutionality of the refusal by a person who has entered into a pre-trial cooperation agreement to answer the defense’s questions in the course of judicial interrogation. Referring to the witness immunity provision of the Russian Constitution, courts deny the defense the opportunity to ask any questions of a person who has entered into a pre-trial cooperation agreement and who testifies against the defendant. At the same time, the refusal of this person to answer questions by the defense is not regarded as a refusal to testify and, accordingly, does not entail the

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24

Dominiak, Łukasz, and Igor Wysocki. "Libertarianism, Defense of Property, and Absolute Rights." Analiza i Egzystencja 61 (2023): 5–26. http://dx.doi.org/10.18276/aie.2023.61-01.

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The present paper argues that libertarians (e.g. Murray Rothbard, Stephan Kinsella) who subscribe the proportionality principle while embracing the view that to have a right to property is to have a right to defend it run into what we call the Property Defense Dilemma. For if the only way to defend property is to defend it disproportionately, then a private property right – contrary to what these thinkers claim – is not accompanied by a right to defend it. The most plausible way out of the dilemma – the present paper argues – is to conceive of private property rights as only weakly absolute, t

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25

Gentimir, Alina Mirabela. "English Challenges for Romanian prosecutors in exercising their duties of defense during pre-trial stage." Studia Universitatis Babeş-Bolyai Iurisprudentia 69, no. 2 (2024): 54–84. https://doi.org/10.24193/subbiur.69(2024).2.3.

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Current paper aims to emphasise that, over the time, it has been proven that the accuracy of an analysis of criminal procedural law is accomplished only whether it is certified by the conviction that norms and decisions of national and European courts enshrine and guarantee human rights. Thus, the legislation in criminal procedural matters can be rationalized compulsorily starting from European premises – “the unit of European conventionality” – and going further to constitutional, organic and ordinary normative requirements. In the same time, from a methodological point of view, for reaching

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26

Miller, Robert D., Jonathan Olin, David Johnson, John Doidge, David Iverson, and Emmanuel Fantone. "Forcing the Insanity Defense on Unwilling Defendants: Best Interests and the Dignity of the Law." Journal of Psychiatry & Law 24, no. 4 (1996): 487–509. http://dx.doi.org/10.1177/009318539602400402.

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Although the choice of which plea to enter is reserved, under common law and most statutory law, to a criminal defendant, 17 of the 48 jurisdictions that retained the insanity defense at the time of this study permit that defense to be imposed over the objections of defendants. The authors present the results of a survey of the literature, statutes, and case law that deal with forced insanity defenses, as well as a national survey of attorneys general and state forensic mental health forensic program directors, which indicate that over a third of jurisdictions permit the imposition of the insa

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27

Tat'yanin, D. V. "THE PRINCIPLE OF ENSURING THE RIGHT OF THE ACCUSED AND SUSPECT TO DEFENSE." Bulletin of Udmurt University. Series Economics and Law 30, no. 5 (2020): 763–68. http://dx.doi.org/10.35634/2412-9593-2020-30-5-763-768.

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The principle of ensuring the right of the accused and suspect to defense is one of the absolute guarantees of the protection of the rights of these participants. However, despite its sufficient regulation, in practice there are several issues that need to be resolved. The right to defense is not identical to the right to provide qualified legal assistance, which calls into question the implementation of the principle in question from the standpoint of protecting the rights of accused and suspects, while the legislator allows the possibility of exercising this right not only by lawyers, but al

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28

Kosevaliska, Olga. "The ‘Equality Of Arms’ In Macedonian Criminal Procedure." SEEU Review 11, no. 1 (2015): 123–30. http://dx.doi.org/10.1515/seeur-2015-0015.

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Abstract The right to a fair trial is implemented in our criminal procedure and is one of the core values of our criminal justice system. This right is absolute and can’t be limited on any legal base. Its essence is fair and public hearing by an independent and impartial court with guaranteeing of all the minimum rights of the defendant. One of those minimum rights is the right of equity of arms between the parties, the prosecutor and the defense. In our Law on Criminal Procedure, it is provided that the defense has the same rights and duties as the prosecutor except those rights that belong t

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29

Князева, Наталья, and Natalya Knyazeva. "Labours’ Right Protection of the Groups of Workers." Journal of Russian Law 4, no. 11 (2016): 0. http://dx.doi.org/10.12737/22200.

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The article pays attention to the fact that as a rule violations of labours’ right protection are of mass proportions, but the labor legislation does not provide the possibility for collective defense. Features of the labours’ right protection predetermine the necessity for restoration of the rights of one employee to solve the question about other employees whose rights have been violated in the same way. Following this line of reasoning and taking into account the identified advantages of collective defense, there was substantiated the necessity of recognition of the collective right for pro

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30

SOBCHUK, Anton. "Practice of the European Court of Human Rights regarding violations of the right to protection." Economics. Finances. Law 12/2023, no. - (2023): 87–91. http://dx.doi.org/10.37634/efp.2023.12.17.

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It is noted that in order to establish the content of the right to defense, it is necessary to study the interpretation of the right to defense in the practice of national courts. The list of the main circumstances that were considered by the European Court of Human Rights in the decisions against Ukraine in the context of the violation of the right to defense was determined. The inexhaustibility of the circumstances that may constitute a violation of the right to defense, which are the result of judicial discretion, is emphasized; judicial discretion refers to the judge's power to make decisi

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Korniichuk, D. V. "Certain aspects of the realization of the suspect’s right to defense in the criminal process of Ukraine." Uzhhorod National University Herald. Series: Law 3, no. 81 (2024): 103–8. http://dx.doi.org/10.24144/2307-3322.2024.81.3.14.

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The article is devoted to the consideration of certain aspects of the implementation of the suspect’s right to defense in the criminal process of Ukraine. It is noted that one of the principles of criminal proceedings is ensuring the right to defense. Thus, according to Article 20 of the Criminal Procedure Code of Ukraine, a suspect, accused, acquitted, convicted person has the right to defense, which consists in giving him the opportunity to provide oral or written explanations about the suspicion or accusation, the right to collect and submit evidence, to take personal part in criminal proce

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Vynokurov, V. V. "The paradigm of the right to defense in ancient thought and its significance for legal realities." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, no. 14 (September 1, 2023): 427–33. http://dx.doi.org/10.33663/2524-017x-2023-14-427-433.

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The article is devoted to the analysis of ancient opinion regarding the human right to protection. The importance of understanding the right to protection in the legal and philosophical thought of antiquity and its influence on the development of human rights in the modern world are highlighted. Attention is drawn to the fact that the concept of the right to protection is not a new phenomenon, that it existed in ancient times, as evidenced by the opinions of ancient thinkers, who in their works reflected on various aspects of law, including the right to protection, in particular through the un

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Greco, Luís. "Legítima defensa de animales." Nuevo Foro Penal, no. 15 (June 28, 2019): 23–50. http://dx.doi.org/10.17230/nfp.15.92.1.

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If we recognize that animals have rights, even minimal and rudimentary as the right to not to be killed without an acceptable reason or the right to live without constant or repetitive pain (§ 17 Animal Protection Law), then the consequence is that they would be covered by the right to selfdefense. Such rights would configure the attacked subjective right, which is exercised by humans instead of animals and they do so in their interest based on a legitimate third party’s defense. The legitimate defense in favor of animals is, however, less extensive than the one which is carried out in favor

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34

Bassarani Giannella, Matteo. "DIREITO DE PETIÇÃO ENQUANTO DIREITO FUNDAMENTAL." Revista Científica Semana Acadêmica 10, no. 226 (2022): 1–17. http://dx.doi.org/10.35265/2236-6717-226-12292.

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The Petition Right constitutes a Fundamental Right positive in 5º article, XXXIV, a, of the Federal Constitution, providing itself to the “defense of rights or against illegality or abuse of power” arising along side the first generation fundamental rights through the british Bill of Rights of 1689, and being present in all brazilian Constitutions, constituting one of the most important and accessible mechanisms for exercising citizenship.

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35

Little, David. "THE RIGHT OF SELF-DEFENSE AND THE ORGANIC UNITY OF HUMAN RIGHTS." Journal of Law and Religion 36, no. 3 (2021): 459–94. http://dx.doi.org/10.1017/jlr.2021.59.

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AbstractThe article challenges the fashionable but finally unsupportable opinion in political and academic circles that there exists no compelling, unitary, universally resonant moral and legal justification of human rights. The argument is intimated by two overlooked passages in the preamble to the Universal Declaration of Human Rights that presuppose the right of self-defense against arbitrary force, understood as both a moral and legal concept, and as relevant both to personal and collective life. It shows how the logic of defensive force underlies the three formative human rights instrumen

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Siregar, Friska Anggi. "PENERAPAN BANTUAN HUKUM DI INDONESIA." Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam 10, no. 2 (2019): 165–74. http://dx.doi.org/10.32505/jurisprudensi.v10i2.947.

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law (rechtsstaat) recognizes and protects human rights. All people must be treated equally in the law. Equality in law must be balanced with equal treatment. Legal assistance is the right of a person who is involved in a criminal case to be able to prepare a defense or counseling in upholding his rights as a suspect. Everyone has the right to receive legal assistance from an advocate, no one may be denied the right to obtain a legal defense in a legal state. Provision of legal assistance does not look at religious, ancestral, racial, ethnic, political beliefs, socio-economic strata, skin color

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Alvarado-Medina, Wendy Sugey, Yudith López-Soria, and Holger Geovanny García-Segarra. "La defensa técnica y la tutela efectiva en delitos contra la integridad sexual en Ecuador." Revista Metropolitana de Ciencias Aplicadas 7, no. 3 (2024): 278–87. http://dx.doi.org/10.62452/2z1s1b83.

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This scientific article proposes as a general objective: To critically review the incidence of practical behavior of technical defense in cases of crimes against sexual integrity in Ecuadorian criminal practice, on the rights to defense and effective judicial protection. To achieve this, a qualitative approach is used, with scientific methods such as historical-logical, exegetical and analytical-synthetic methods. And, as a research technique, case review. The results show that the practical Ecuadorian criminal behavior, with respect to the technical defense, in cases of crimes against sexual

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Bysaga, Y. M., and M. V. Belova. "The right to sport is among other constitutional rights and freedoms of a person and a citizen." Analytical and Comparative Jurisprudence, no. 2 (June 23, 2023): 43–48. http://dx.doi.org/10.24144/2788-6018.2023.02.7.

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The authors note the special importance of sports in the modern world. It is indicated that sports help a person to maintain physical form in the right condition and are the key to a healthy nation. Undoubtedly, today it is extremely necessary to instill a love for sports from an early age. Far from the last role in this matter is played by the state, in particular by carrying out legal regulation of sports. It is the state that lays the foundations for the further development of sports in our country, and it depends on it whether the population will improve their physical data. In this regard

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Fala, Nicolae, and Mihai Poalelungi. "The Delimitation of the paulian Action From Other Methods of Defending Subjective Civil Rights." Studii Juridice Universitare, no. 2 (November 2024): 101–14. http://dx.doi.org/10.54481/sju.2023.2.06.

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The correct formulation of claims in civil actions is crucial to success in a court of competent jurisdiction. It is not only the correct legal subsumption of the case that is important, but also the choice of the appropriate method of defense of the subjective right allegedly violated. The paulian action is a method of defense of the infringed civil rights, namely the right to performance of the obligation. The paulian action is a specific method of defense in its own way. A correct understanding of this method and its limits requires its delimitation from other methods of protection of right

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Derevyanko, D. "Methods of notarial defense of corporate rights under the legislation of Ukraine." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 94–97. http://dx.doi.org/10.24144/2307-3322.2021.69.15.

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In the conditions of functioning of modern social relations the processes of creation of various corporate legal entities have acquired the special intensity. In the course of establishment, activity and termination of such subjects of civil relations the issues of proper defense of corporate rights of their participants have become relevant, and consolidation of necessary effective mechanisms of such defense has always been a guarantee of business development in general and investment climate in our country. At the same time, methods of notarial defense of corporate rights require a special a

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de Vel-Palumbo, Melissa, Rose Ferguson, Chelsea Schein, Melissa Xue-Ling Chang, and Brock Bastian. "Morally excused but socially excluded: Denying agency through the defense of mental impairment." PLOS ONE 17, no. 7 (2022): e0272061. http://dx.doi.org/10.1371/journal.pone.0272061.

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Defendants can deny they have agency, and thus responsibility, for a crime by using a defense of mental impairment. We argue that although this strategy may help defendants evade blame, it may carry longer-term social costs, as lay people’s perceptions of a person’s agency might determine some of the moral rights they grant them. Three randomized between-group experiments (N = 1601) used online vignettes to examine lay perceptions of a hypothetical defendant using a defense of mental impairment (versus a guilty plea). We find that using a defense of mental impairment significantly reduces resp

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Hassan, Amjad, and Ehab Asarwa. "The rights and options of the holder of the mortgaged officially: An analytical comparative study." Hebron University Research Journal (HURJ): B- (Humanities) 18, no. 2 (2023): 189–212. http://dx.doi.org/10.60138/18220237.

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Among the most important provisions in the official mortgage contract is the right of the mortgagee creditor to encumber the mortgaged property after the mortgage debt has not been paid as agreed. In this way, the law defends the inalienable right of the mortgagee creditor against all infringements. Mortgagee creditor rights may be impacted by legal relations between the debtor and others, so the legislator is keen on granting mortgagee creditors the right to track the mortgaged property wherever they may be. The legislator, however, balanced the rights of the possessor and mortgagee creditor

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Krykun, Viacheslav, Ihor Hanenko, and Ihor Bykov. "Criminal Procedural Protection of Human Rights in Conditions of an Armed Conflict." Revista Justiça do Direito 37, no. 3 (2023): 146–56. http://dx.doi.org/10.5335/rjd.v37i3.15361.

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The purpose of the research is to disclose criminal procedural protection (defense) of human rights in conditions of an armed conflict. Interpretation of Article 45 of the Criminal Procedure Code of Ukraine in terms of limiting the constitutional right to choose a defense lawyer has been analyzed. A comparative analysis of current and European legislation in the sphere of access to legal aid is presented. Decisions of the ECtHR in the cases “Brusco v. France”, “Talat Tanci v. Turkey”, “Katz and others v. Ukraine” have been researched. The main issues related to participation of the defense par

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Quigley, John. "Human Rights Defenses in US Courts." Human Rights Quarterly 20, no. 3 (1998): 555–91. http://dx.doi.org/10.1353/hrq.1998.0031.

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de Vel-Palumbo, Melissa, Chelsea Schein, Rose Ferguson, Melissa Xue-Ling Chang, and Brock Bastian. "Morally excused but socially excluded: Denying agency through the defense of mental impairment." PLOS ONE 16, no. 6 (2021): e0252586. http://dx.doi.org/10.1371/journal.pone.0252586.

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Defendants can deny they have agency, and thus responsibility, for a crime by using a defense of mental impairment. We argue that although this strategy may help defendants evade blame, it may carry longer-term social costs, as lay people’s perceptions of a person’s agency might determine some of the moral rights they grant them. In this registered report protocol, we seek to expand upon preliminary findings from two pilot studies to examine how and why those using the defense of mental impairment are seen as less deserving of certain rights. The proposed study uses a hypothetical vignette des

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Suhov, Vadim. "Changes to the criminal procedure code: mandatory legal assistance in criminal proceedings." Journal of the National Institute of Justice, no. 4(67) (February 2024): 30–36. http://dx.doi.org/10.52277/1857-2405.2023.4(67).04.

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The protection of fundamental human rights and freedoms is an essential function of the state. To protect these rights, the state has created a complex system of surveillance and control measures, legal defense, and procedural protection. One of the fundamental human rights is the right to a fair trial, which includes the right to legal assistance. In the criminal justice system of the Republic of Moldova, the participation of a lawyer is optional, but there are circumstances in which legal assistance becomes mandatory to ensure efficient participation in the process. Compulsory defense is con

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О. М. Соловйов. "To the question about the protection of property right." Problems of legality, no. 124 (March 2, 2013): 61–67. http://dx.doi.org/10.21564/2414-990x.124.52493.

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The paper analyzes the concept of legal protection and legal protection of civil rights, which is a prerequisite for research institute of protection of private property rights. Determining the nature of the right to defense can establish its place in the structure of legal ownership.

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Regan, Tom, and Diana T. Meyers. "Inalienable Rights: A Defense." Philosophical Review 96, no. 2 (1987): 304. http://dx.doi.org/10.2307/2185167.

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Biao, Teng. "What Is Rights Defense?" Chinese Law & Government 46, no. 5-6 (2013): 13–20. http://dx.doi.org/10.2753/clg0009-4609460501.

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van der Vossen, Bas. "UNCERTAIN RIGHTS AGAINST DEFENSE." Social Philosophy and Policy 32, no. 2 (2016): 129–45. http://dx.doi.org/10.1017/s0265052516000133.

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Abstract:In this essay, I defend a theory of liability to defensive force. The theory contains two elements. The first is a dual Lockean-inspired condition. The second aims to make this first condition consistent with problems arising from uncertainty. Drawing on recent work by Michael Zimmerman, I argue that the rights-based condition should be made sensitive to the evidence available to defenders.

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