Александр Гайдулин - Academia.edu (original) (raw)
Александр Гайдулин
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Papers by Александр Гайдулин
Entrepreneurship, Economy and Law, 2021
Purpose. The research deals with historical and legal issues for the improvement of human rights ... more Purpose. The research deals with historical and legal issues for the improvement of human rights protection system. Among them, the most challenging issues touch upon vulnerable people and groups. First of all, the relevance of the subject of research and some problems have been identified. Problems have acquired an international and trans-cultural character in modern jurisprudence. In particular, recent works devoted to the problems of legal protection of vulnerable persons are outlined. Research methods. From a methodological point of view, this study represents a system of methods that will form the basis for the development of a new legal interpretation theory. The possibilities of these methods have demonstrated an example of hermeneutic reconstruction and etymological analysis of the related basic terms and concepts. Results. This analysis allows us to make a preliminary conclusion that words, which mean such category of people as: outsiders, marginalized and alienated individuals, excluded groups and persons, an outlaw, form the core of the terminology relating to the vulnerable groups issue. Legal and doctrinal definitions and classifications of vulnerable persons in international instruments and scientific works were compared. The conceptual framework for the system of the vulnerable people and groups protection was specified. A separate system of international legal protection of the rights of vulnerable persons is not available yet. Therefore, the general procedure of international and national legal protection of human rights applies to them. The need to apply discretion of the subjects of human rights and the jurisdictional bodies that protect these rights should be taken into account. It is noted that discretion is necessary to combat the abuse of subjective rights, which is most specific for the protection of vulnerable persons. Conclusions. The most important conclusion is that the foundation of international and local systems for the protection of the vulnerable persons' rights is the case law of the European Court and national courts. Therefore, a key role in this process belongs to interpretation on the basis of the discretion of subjects for such rights.
Entrepreneurship, Economy and Law, 2021
Purpose. The research deals with historical and legal issues for the improvement of human rights ... more Purpose. The research deals with historical and legal issues for the improvement of human rights protection system. Among them, the most challenging issues touch upon vulnerable people and groups. First of all, the relevance of the subject of research and some problems have been identified. Problems have acquired an international and trans-cultural character in modern jurisprudence. In particular, recent works devoted to the problems of legal protection of vulnerable persons are outlined. Research methods. From a methodological point of view, this study represents a system of methods that will form the basis for the development of a new legal interpretation theory. The possibilities of these methods have demonstrated an example of hermeneutic reconstruction and etymological analysis of the related basic terms and concepts. Results. This analysis allows us to make a preliminary conclusion that words, which mean such category of people as: outsiders, marginalized and alienated individuals, excluded groups and persons, an outlaw, form the core of the terminology relating to the vulnerable groups issue. Legal and doctrinal definitions and classifications of vulnerable persons in international instruments and scientific works were compared. The conceptual framework for the system of the vulnerable people and groups protection was specified. A separate system of international legal protection of the rights of vulnerable persons is not available yet. Therefore, the general procedure of international and national legal protection of human rights applies to them. The need to apply discretion of the subjects of human rights and the jurisdictional bodies that protect these rights should be taken into account. It is noted that discretion is necessary to combat the abuse of subjective rights, which is most specific for the protection of vulnerable persons. Conclusions. The most important conclusion is that the foundation of international and local systems for the protection of the vulnerable persons' rights is the case law of the European Court and national courts. Therefore, a key role in this process belongs to interpretation on the basis of the discretion of subjects for such rights.