The scientific article focuses on the theoretical and applied problem of applying the rule-of-law principle in the criminal process in Ukraine under martial law. It is stated that in such critical conditions for Ukraine, most elements of the rule of law are negatively affected in the form of relevant restrictions, the necessity of which is of an objective nature due to the need to prevent global threats to the independence and territorial integrity of the state, repel armed aggression, ensure national security, as well as real and potential threats to human rights and freedoms. It is emphasized that to prevent violations of constitutional rights and human liberties, the problem of combating crime and protecting human rights under special legal regimes should be solved through such interrelated components as: legislative establishment of permissible restrictions on rights; creation of a mechanism for monitoring the adoption of measures that provide for limitations on rights; activities of institutions that ensure the protection and restoration of violated rights. It is concluded that in connection with the military events in Ukraine and numerous facts of committing illegal acts, it is essential to ensure not only the effective investigation of criminal offenses, the preservation of evidence, and ensuring the proper quality of investigative (search) actions, but also compliance with the rule of law and other principles of criminal justice. This requires a comprehensive approach: improving criminal procedural legislation, involving international organizations, and enhancing the skills of justice and law enforcement officials. It is emphasized that, under such conditions, international cooperation in criminal proceedings is of great importance to Ukraine and helps improve both the regulatory framework and practical experience. It is summarized that to unconditionally bring to justice those responsible for committing war and other crimes on the territory of Ukraine, criminal proceedings must be conducted in accordance with the general standards, requirements, and procedures of international judicial institutions, which will testify to the rule of law in the country, even in conditions of forced restriction of the rights and freedoms of citizens.
Failures within the criminal justice system can result in wrongful convictions, thereby violating human rights. Additionally, wrongful convictions can erode trust in the system as a whole. This article examines the disparate human rights standards around the world regarding wrongful convictions, focusing on Pakistan and the expectations for Pakistan's position in the global community on the issue. This article also examines the comparative and doctrinal position of the UK, aiming to identify the strengths and weaknesses of Pakistan's position. This takes into account the central instruments of human rights- the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights- as well as the domestic case law and statutes of both the UK and Pakistan. In Pakistan, all the agreements on fair trial and remedies under the ICCPR guarantee fair trial rights. Still, there have also been domestic legislative omissions, such as the lack of a law to compensate the wrongfully imprisoned. The UK, on the other hand, has a more systematic approach, particularly through the Criminal Justice Act 1988. In light of this, Pakistan needs a domestic law that addresses the human rights standards at its disposal to deliver justice to the wrongfully convicted.
In this article, the authors examine theoretical approaches and challenges related to the protection of social human rights and the citizens' right to information within the constitutional doctrine of the Republic of Kazakhstan. It has been established that the national regulatory and legal framework governing state bodies' activities is aligned with the fundamental legal principles underlying the state's organization and legal system. The authors analyze the concepts and role of mass media in safeguarding social rights, demonstrating how this enables comprehensive development of institutional openness and social protection of citizens. The authors consider various mechanisms for implementing social rights in the field of legal information and discuss the importance of understanding systemic connections between social security and information rights. The study reveals that the idea of social rights and the right to information emerged from the objective need for people to seek, receive, produce, and disseminate information, as well as a response to excessive secrecy of information essential for civilized society. The authors substantiate the conclusion that while systemic connections between social protection and information rights vary across countries, there is a typical pattern in legislative development. In some foreign countries, these rights arose as elements of freedom of speech and the press. However, in most countries, laws protecting state secrets appeared first, followed by legislative acts guaranteeing the protection of social rights and access to information about the activities of state bodies.
Health expenditure is a fundamental obligation of the state, as healthcare is an essential public service that must be provided to its citizens, particularly to lower- and middle-income groups. The allocation of the health budget, both in terms of amount and percentage, cannot be altered without undergoing a legislative process and must comply with minimum constitutional requirements. With the enactment of Law No. 17 of 2023 on Health, the provision mandating compulsory health spending has been removed. This change represents a significant regression compared to the previous Law No. 36 of 2009 on Health, which guaranteed a fiscal allocation of at least 5% of the national budget (APBN) for the health sector. The research employs a normative legal method, drawing on conceptual and statutory approaches. The findings indicate that, according to the World Health Organization (WHO), mandatory health spending of only 4-5% of the Gross Domestic Product (GDP) is tough to sustain. Therefore, governments are encouraged to allocate at least 5% of their GDP to mandatory health spending. Indonesia's decision to eliminate this mandatory spending poses a substantial risk of neglecting public health financing, especially for vulnerable groups. Ultimately, this may hinder adequate access to healthcare services and reduce both the quantity and quality of health programs for the general population.
The impact of modern digital technologies is essential for understanding the need to improve the law enforcement system. The purpose of this article is to examine the legal basis for cross-border criminal prosecution of cybercrime in Azerbaijan, identify key criminal law and procedural challenges, and develop recommendations to improve national legislation and strengthen international cooperation. The study is based on an analysis of Azerbaijan's criminal and criminal procedure legislation in the field of cross-border prosecution of cybercrimes. Normative and comparative legal analysis methods, along with systematization, were employed to identify gaps and formulate recommendations. The results show that the Criminal Code of Azerbaijan contains references to the illegality of unauthorized access to computer information, illegal actions related to the exploitation of computer networks, and the distribution of malicious software. There is no separate article on computer fraud, so clear standards for collecting electronic evidence are not specified, indicating significant gaps in the national legal framework. The main challenges in cross-border prosecution of cybercrimes include the limited scope of bilateral extradition agreements, difficulties in cooperating with countries with different legal systems, and bureaucratic obstacles to the exchange of digital evidence. The conclusions highlight recommendations that would improve the regulatory framework. First and foremost, they call for implementing regulations on computer fraud and clear rules for the use of electronic evidence, expanding international cooperation, and implementing the provisions of international conventions to which Azerbaijan is a party.
