Адвокат та суддя у судовому процесі.

The second part of the scientific article reveals the administrative and legal principles of Local Free Legal Aid Centers, clarifies the system of public institutions that ensure their functioning. It is noted that Local Centers are formed by the Ministry of Justice, they are non-profit organizations, have the status of a juridical person, and they are territorial branches of the Coordination Center. They provide free secondary legal aid to certain categories of the population. The activities of local centers are conditionally divided into the following areas of work: organization of work with lawyers, provision of free primary and secondary legal aid, internal management, legal education work, interaction with other subjects in the field of preventing and combating domestic violence. Today there are Coordination Center, 23 regional centers, 84 local centers with 428 bureaus. Free legal aid is provided by 6760 lawyers, who are competitively selected, and about 1500 full-time lawyers of the free legal aid system. Subsidiary bodies that ensure work of the free legal aid system are the Steering Board of the regional and relevant local centers for the provision of free secondary legal aid, the interregional resource and communication platform, the Supervisory Board. The Steering Board is a permanent advisory body at the regional level. It consists of the director of the regional center and the directors of the relevant local centers. The Chairman of the Steering Board is the Director of the Regional Center, who approves the personal stuff of the Board. The network of the interregional resource and communication platforms (legal clubs "Pravokator") operates at the Coordination Center in the cities of Dnipro, Kyiv, Lviv, Odessa, Kharkiv. The main purpose is the professional development of specialists of the free legal aid system. The Supervisory Board was established to ensure the effective implementation of state policy in the field of free legal aid, for independence and transparency in the management of the Free Legal Aid System. The main tasks of the Supervisory Board are: supervision of the system, promoting the activities of the Coordination Center and its territorial branches in the implementation of long-term tasks, ensuring the independence of system management, increasing public confidence to the system of free legal aid.

The article studies the professional legal training of police officers of the National Police of Ukraine. In modern conditions, characterized by the reform of the law enforcement system, armed aggression against Ukraine, the effects of martial law, and the growing public demand for respect for human rights and freedoms, professional and legal training of police officers is of particular importance. In today's conditions, there is a need to form a new type of police officer – a highly qualified, morally stable, legally aware specialist who is able to act responsibly, legally, and effectively. The level of professional training of police officers directly affects the state of public safety, respect for human rights and freedoms, citizens' trust in state institutions, and the ability to combat crime. Namely, the professional and legal training of police officers is a key component of their professional competence, because it is the level of legal knowledge, skills and abilities that directly affects the legality of the use of coercive measures, the effectiveness of the performance of official duties, respect for human rights and the level of public trust in the police. In his daily activities, a police officer is faced with the need to promptly make lawful decisions in difficult and often extreme conditions, which requires a deep understanding of the norms of national and international law, as well as the established legal culture. A special role in this process is played by the combination of theoretical legal education with practical training, the use of interactive teaching methods, modeling of official situations, and the formation of sustainable skills for legal decision-making. It was concluded that the professional and legal training of police officers of the National Police of Ukraine is a fundamental condition for the effective performance of the tasks assigned to them in ensuring public safety, protecting human rights and freedoms, and combating crime. A high level of legal preparedness of a police officer is a guarantee of the legality of his actions, minimizing abuse of power, and increasing citizens' trust in law enforcement agencies. The development and modernization of professional and legal training of police officers should become one of the priority areas of state policy in the field of law enforcement activities, which will contribute to increasing the efficiency of the work of the National Police of Ukraine, establishing the principle of the rule of law and ensuring an adequate level of protection of human rights and freedoms in Ukrainian society.

The paper raises the issue of waiver (replacement) of a state defense lawyer by a suspect (accused) who provides free legal aid in criminal proceedings. The author analyzes the provisions of the current legislation in Ukraine, which regulates the provision (replacement) of a lawyer, compares and analyzes the practice of courts in the application of the law, focuses on the issue of determining the criteria for the quality of services provided by a lawyer, studies the view on this problem through the decisions of the ECHR (European Court of Human Rights), and also suggests ways to solve this problem by amending the current legislation and presents a fundamentally new approach to the procedure of waiver (replacement) of a lawyer in criminal proceedings. In the paper, the author notes the problem in the legislative definition of the possibility of waiver (replacement) of the lawyer and, as a result, the uneven application of the law occurs in practice by the courts; it is proposed to amend the specific procedural rules that regulate these relations, namely, to detach the issue of waiver (replacement) of the lawyer into a separate process, the author justifies the need for such detachment and decision-making by the investigating judge. The author notes that the issue of refusal (replacement) of a lawyer during a pre-trial investigation with a legally defined adversarial proceeding is decided by the prosecution-the investigator (prosecutor), which is in itself wrong and can affect the choice of a lawyer, his tactics and methods of defense. The proposed changes, in the author's opinion, solve the problem of inconsistency in the application of the law in terms of waiver (replacement) of a defense lawyer by a suspect (accused), determine the unity of approach in solving these issues, preserving the defendant's right to choose freely a lawyer and protecting him from disclosing the chosen line of defense to the prosecution.

Lack of public knowledge about the legal aid program is one of the obstacles in the implementation of Law Number 16 of 2011 concerning Legal Aid, although the government has made efforts to conduct socialization and dissemination of information, it is still felt to be lacking. There are still many people in Pekalongan Regency who do not know about the free legal aid program for the poor in dealing with legal problems. Based on the background above, it is interesting and important to study the fulfillment of the constitutional rights of the poor in Pekalongan Regency to receive free legal aid. And to raise the title of "Fulfillment of the Constitutional Rights of the Poor in Obtaining Legal Aid (Study on Legal Aid Institutions in Pekalongan Regency)". The approach used is a qualitative approach, a statutory approach and a conceptual approach. The collection technique is carried out through observation, interviews and documentation. The results show that the implementation of free legal aid services is carried out in accordance with Pekalongan Regent Regulation Number 39 of 2018 concerning Amendments to Pekalongan Regent Regulation Number 12 of 2016 concerning Implementation Guidelines for Pekalongan Regency Regional Regulation Number 2 of 2015 concerning Legal Aid for the Community. However, seen from the reality of the Fulfillment of the Constitutional Rights of the Poor in Pekalongan Regency, there are still obstacles originating from the community in Pekalongan Regency. Keywords:Legal Aid,Constitutional Rights,Human Rights

The provision on the administration of justice exclusively by courts, which is promulgated by the norms of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Criminal Procedure Code of Ukraine, has a fundamental nature and corresponds to the main features of the principles of criminal proceedings. The purpose of the article is: to reveal the content of the principle of the administration of justice in criminal proceedings exclusively by courts in connection with the institution of jurisdiction, the modern judicial system in Ukraine, the exercise of powers by the court to administer justice in various stages of criminal proceedings and the goal of justice. The importance of jurisdiction for ensuring justice is emphasized, which consists in creating conditions for the implementation of the principles of criminal proceedings during the trial and the adoption of a lawful court decision. It was noted that an important guarantee of effective and fair justice is the proper organization of the judicial system and a clear and legally justified definition of the rules of jurisdiction. Within the analysis of the content of the principle of the administration of justice in criminal proceedings exclusively by the courts, it is substantiated that in accordance with the established system of the judiciary in Ukraine and the rules of jurisdiction provided for by the Code of Criminal Procedure, justice in criminal proceedings is carried out by local general courts, the High Anti-Corruption Court, appeals courts and the Supreme Court in the order specified by the Code of Criminal Procedure in the stages of court proceedings. Attention is paid to the implementation of the specified principle in various stages of criminal proceedings. It was concluded that the administration of justice by the courts takes place at all stages of the court proceedings when deciding the issues on the merits of the accusation: in the preparatory court proceedings, the court proceedings in the first instance, the proceedings for the review of court decisions in the appeal, cassation procedure, as well as in newly discovered or exceptional circumstances. The stages of law enforcement in the administration of justice by a court in criminal proceedings are distinguished: establishment of circumstances to be proven and other circumstances that are important for criminal proceedings; criminal qualification of the act; adoption and execution of a court decision. It is argued that the interconnectedness of the formal and substantive essential features of justice gives grounds for defining it simultaneously as an activity and as a goal. It was determined that the goal of justice in the judicial process is realized by the adoption of a legal, justified, motivated and fair court decision, which resolves the socio-legal conflict and ensures the protection of the rights, freedoms and interests of individuals.

The free legal aid system in Ukraine is one of the most successful projects of the Government and the Ministry of Justice in particular. The article describes aspects of the development of the domestic free legal aid system as an institution, as well as the administrative and legal structure of the system. Affordable and high-quality legal assistance is an obligation that our state has assumed while adopting the Constitution of Ukraine, however, it has also been reflected in the country's European integration perspective. For the purpose of implementing Article 59 of the Constitution of Ukraine, which states that everyone has the right to professional legal assistance, and in the cases provided for by law, this assistance is provided free of charge and a system of free legal aid has been created. The full realization of the constitutional right of a person to legal aid is impossible without the functioning of a specialized institution. Creating one in Ukraine was a significant step both in the perspective of the country's European integration and in ensuring access to justice. The world of practice knows many models of free legal aid systems, and accordingly existed before the creation, as there are many versions today of how the system should function in domestic realities. The purpose of the article is to outline the formation of a free legal aid system in Ukraine as an administrative and legal institute, as well as to analyze the institutional structure of the system and to identify the complex tasks and functions of each of the levels. The free legal aid system in Ukraine is an established institution that implements a person's constitutional right to legal aid. An analysis of the institutional structure shows that each structural level has its own set of tasks and powers.

Perception of Forensic Accountants About Elaboration of Free Judicial Expertise in Brazil

In the study, the content and the normative-legal foundations of the principle of respect for human rights and fundamental freedoms are comprehensively analysed on the basis of the diversity of views existing in legal doctrine, international instruments, and judicial practice. In the first part of the study, the relevance of the topic and its main directions are identified. It is noted that the normative-legal foundations of the principle of respect for human rights and fundamental freedoms are characterised by a broader scope and a higher degree of systematic coherence compared to other principles of international law. The second part of the study analyses the principle of respect for human rights and fundamental freedoms and the key areas of activity of international organisations; finally, a number of significant aspects are highlighted by distinguishing between international organisations operating in this field. The third part examines the international legal foundations of the principle of respect for human rights and fundamental freedoms, as well as the essential characteristics of international treaties as the normative basis of this principle. In this regard, reference to specific international treaties makes it possible to arrive at well-founded conclusions. In the fourth part, a number of important conclusions are drawn regarding the content and normative foundations of the principle of respect for human rights and fundamental freedoms. One of the key conclusions is that the fundamental provisions of this principle are incorporated into the domestic legislation of States regardless of their participation in international treaties in this field. In this context, the primary purpose of the State to ensure human rights, the direct applicability of human rights, the determination of human rights standards on the basis of international treaties, and similar elements may be regarded as essential. The content of the principle of respect for human rights and fundamental freedoms has been further enriched and developed in a new dimension through the specific principles formed in the field of human rights (humanism, justice, the principle most favourable to the individual, development, etc.). Keywords: human rights, international organisations, international treaties, human rights standards, principles of international law, normative-legal foundations, international obligations, international legal custom, international judicial practice, general principles of law.

A broad range of scholars contend that the rule of law is indifferent to human rights. I call this view the "no-rights thesis," and attempt to unsettle it. My argument draws on the work of Lon L. Fuller and begins with the idea that the fundamental justification of the rule of law rests on a juridical conception of human agency, one that finds expression in the legal and moral claims that can arise from human agency within the context of legal relationships. I argue that the state and its legal subjects are in a particular kind of legal relationship with one another, a fiduciary relationship, and that the content of the state's ensuing fiduciary obligation is the rule of law. Because the rule of law is intelligible in terms of the right, and independently of the good, it follows that compliance with the rule of law necessarily makes a moral difference regardless of how poorly the state lives up to the demands of the good. This is a conceptual rather than an empirical claim, and it leads to the conclusion that respect for human agency in the context of the state-subject fiduciary relationship necessarily entails respect for human dignity, respect for human dignity entails respect for human rights, and therefore a commitment to the rule of law entails a commitment to human rights.


 Legal Aid Institutions have an important role in providing free legal aid, especially for the poor in undergoing the process in court, because the cost is not cheap when litigation. Therefore, it is necessary to know about the role of Legal Aid Institutions in providing legal aid for the poor, namely to provide justice rights for all communities, including the poor, because in the eyes of the law all are equal, how the poor always get the injustice they deserve. This thesis research on the Implementation of Legal Aid to the Poor by the Pejuang keadilan Legal Aid Institute Tuban uses a qualitative approach and an empirical normative legal approach, namely research that combines normative research and is supported by data or elements of empirical research, methods for data collection through observation,interviews and documentation. The research results obtained are as follows: all people can get free legal aid, there are no special requirements, only an identity card and a certificate of poverty, if any, This aid agency not only provides legitimacy but also non-legitimacy assistance. The obstacles faced in implementing legal aid are as follows: lack of public knowledge about legal aid, limited funds so that alternative routes use personal money, lack of support from the government for legal aid institutions that have not been accredited.

The judicial branch of government is fundamentally distinct from the executive and legislative branches. Legal norms governing judicial proceedings strictly limit external influence on the courts’ decision-making process. Courts operate independently from other state bodies, are shielded from external interference, and function within a framework meticulously regulated by law. However, in practice, it is challenging to confine judicial proceedings entirely to a professional legal framework or eliminate all potential social influences on the process. The quality of a judiciary is a crucial indicator of the level of democracy within a state. Only a democratic state can establish the necessary conditions to build a self-governing and socially responsible judiciary that enables active public participation in the administration of justice. Such a state must ensure equal and unrestricted access to justice, maintain order in judicial proceedings, and guarantee that every participant can exercise their legal rights. A democratic society thrives on shared responsibility for the effective functioning of the state. By engaging in public governance processes, citizens contribute to the strengthening of democratic institutions, the protection of human rights, and the promotion of collective well-being. This article examines key legal and ethical aspects of the relationship between the judiciary and the public in democratic states. Particular emphasis is placed on analyzing the limitations imposed by the state to balance transparency with the protection of participants’ rights during judicial proceedings. Public participation must adhere to order and defined boundaries. This principle is embraced by most modern democratic states, where laws outline not only the rights but also the obligations of citizens observing court proceedings. By doing so, these laws establish a legal framework that regulates public involvement in the judiciary’s functioning. This article offers an original classification of the legal boundaries for public participation in the judiciary.

The purpose of this research is to investigate the role of international organizations in elections observation as an instrument of ensuring human rights. The objectives are to analyze the notions of democracy and human rights, democratization trends worldwide, current threats to human rights related to elections procedures and the role of international organizations as entities safeguarding human rights in the globalized world. In order to investigate this problem the researcher utilized such scientific methods as deduction and induction, historical and comparative method and the case study one. Historical and comparative methods were used to trace the evolution of international organizations’’ activities with regard to elections observation and compare various organizations’ pertinent processes and procedures. Case study method was used to collect and analyze qualitative data about international organizations’ activity related to elections observation and to define their role in ensuring human rights, in particular, freedom of expression. The notions of democracy and human rights, democratization trends worldwide, current threats to human rights related to elections procedures and the role of international organizations as entities safeguarding human rights in the globalized world were analyzed. As a result, it can be stated that in the increasingly globalized world there are various democratization trends. There are different visions and models of democracy, yet no single one can be considered optimal. It can be noted that international organizations play a significant role in elections observation as an instrument of ensuring human rights. The dynamic rhythm of global development helps to promote plurality of ideas, political ideologies and ethical values. It can be concluded that in this increasingly interconnected world democracy has the function of a mediator promoting understanding among countries, first of all, through the United Nations. Democracy as a type of political regime, i. e. type of relationship between the country leadership and the people cannot function effectively without active social groups and civil society organizations. The political context has to promote freedom of speech, independent media, rule of law, effective judiciary system and overall respect for human rights. Freedom of expression and political choices are among fundamental human rights guaranteed by democratic national and international laws. International organizations are among the most noteworthy entities on the world arena safeguarding human rights and free expression of people’s political will. International organizations are working actively in order to tackle current threats to human rights, in particular, freedom of expression and freedom of political will. To this end, the international and national organizations provide comprehensive electoral support. The United Nations, the European Union, the Organization for Security and Co-operation in Europe and the Council of Europe are actively engaged in providing electoral support and assist in holding objective and just elections worldwide, especially in transitioning countries. They play a key role in providing electoral support in accordance with the international organizations’ mission, bolstering democracy and safeguarding human rights. The role of international organizations in the globalized world as human rights protector continues to be vital and indispensable.

Journal Article THE 'HUMAN RIGHTS APPROACH' ADVOCATED BY THE UN HIGH COMMISSIONER FOR HUMAN RIGHTS AND BY THE INTERNATIONAL LABOUR ORGANIZATION: IS IT RELEVANT FOR WTO LAW AND POLICY? Get access Ernst-Ulrich Petersmann Ernst-Ulrich Petersmann Search for other works by this author on: Oxford Academic Google Scholar Journal of International Economic Law, Volume 7, Issue 3, September 2004, Pages 605–627, https://doi.org/10.1093/jiel/7.3.605 Published: 01 September 2004

Diversity and pluralism have always been central values in intergovernmental settings on the European continent . The Council of Europe (CoE) is founded on the core values of democracy, human rights and the rule of law and recognizes and appraises the interconnection between these values and cultural diversity and pluralism. The European Union (EU) is similarly founded ‘… on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.’ Although continuously proclaimed and upheld by these European intergovernmental organisations, it seems that the values of diversity and pluralism have lost popular support within the Member States. Rise of populism, left-wing as well as right-wing, is indeed very present in European countries. The increased support for populist parties and populism in general is often connected to the growing discontent by many people with globalization and its economic setbacks, including a more critical approach towards neo-liberalist economic policies. It has however also been argued that the rise of populism is just as much caused by social and cultural issues. The decline of traditional cultural and religious identification and large-scale immigration have changed societies and have given rise to fear, racism, and xenophobia. Are Member States of the Council of Europe and the EU, organizations that were founded on the values of democracy, human rights and pluralism, indeed moving away from pluralism in the direction of populism? This chapter explores and outlines the rise of populism in European countries, focusing on the anti-pluralism dimension of populism and its link to the core values of democracy, the rule of law and human rights.

The Impact of Profiling on Fundamental Rights