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Publications of Babin Borys
Sociodynamics, 2014-9
Babin B. - Freedom of National Self-Identity as a Factor of Modern Law pp. 15-43

DOI:
10.7256/2306-0158.2014.9.13343

Abstract: In article specifics of ethnic self-understanding in the context of a problem of subjectivity of the people in the modern right are considered. Questions of collective consciousness are investigated in jurisprudence extremely restrictedly; at the same time a perspective of collective subjects as carriers of the rights and duties, raises a question of legal mechanisms of realization of such rights and duties. This realization in a format of collective actions or inactivity causes need of research of its subjective component, namely – understanding by the collective carrier of the rights and duties of the general and uniform subjectivity, reflection in such consciousness of collective measures of realization and protection of the collective rights having legal value. Besides, understanding of subjectivity often is a necessary sign of that subjectivity in the right. The specified confirms that the problem of collective consciousness, in particular, in the context of collective self-understanding, becomes actual; among other things, it is important at determination of legal status of the people. In turn, research of self-understanding of the people as factor of their legal subjectivity, (being the purpose of this article) needs the analysis of the corresponding scientific doctrine in spheres of psychology, sociology and ethnology, in use of the philosophical practices considering development of society in the conditions of the second modernist style in determination of specifics of the current national and international regulatory base which reflected aspects of right subjectivity of the people and its subjective components. In article comparative, legal, hermeneutic methods are used, the author investigated positions of modern researchers, standards of international treaties, resolutions of the international organizations, standard of national legislations the prospect of gradual recognition of freedom of self-understanding of the people Is proved by the world community. The role of ethnic self-understanding as necessary by a sign of the people, as subject of the international and national legal relationship is shown. It is proved that the right of the people for self-understanding (freedom of self-understanding of the people) is primary collective natural right as its realization precedes emergence at the people of all rights, in particular, and the rights for self-determination. It is specified that freedom of self-understanding is key in natural and legal understanding of character of institute of the people, as the ethnoses participating in policy. Independently to define its restriction in the conditions of aspirations of the states, what social groups are the people and what - No, levels all recognized rights of the people, such as the right for self-determination, the right for resistance, the right for development, the right for the world, etc. Ethnic self-understanding is key subjective criterion of qualification of an ethnic group as people, on condition of existence of such objective signs, as cultural and language identity and a community in the long period of history of development of group.
International Law, 2014-3
Babin B. - International Legal Grounds for Access to Justice for Indigenous Peoples in Crimea pp. 1-31

DOI:
10.7256/2306-9899.2014.3.12550

Abstract: Article researches the situation, connected with providing the access to justice for indigenous peoples that have the historic native land in the Crimea. Politic and legal processes that let this problem to become actual in conditions of interstate conflict are watched at. Legal and organizational mechanisms of realizing the individual and collective rights of indigenous peoples in Crimea are determined at. The positions of interested states are compared at, grounds of international organizations’ and global structures’ approaches are lighted in. Components of right of indigenous peoples on justice are detailed; their realization for indigenous peoples of Crimea becomes too actual now. Author uses the formal legal, comparative and hermeneutic approaches for analysis the normative basis in a complex; political science, sociologic and statistic methods are used also. Problem of access for indigenous peoples to justice in conditions of the interstate conflict in researched in a world practice in first time. Author develops the propositions addressed to UN connecting to the providing of the right of indigenous peoples to justice in the Crimea. He proved the duty of the international monitoring of those processes. Role of the UN Declaration on the Rights of Indigenous Peoples is determined; the duty for both states to implement it for providing access to justice in Crimea is proved at. Materials of article were used by author in his report to the UN Expert Mechanisms on the Rights of Indigenous Peoples on its 7th session, 2014.
Legal Studies, 2013-10
Babin B. - Proprietary right of peoples: international and national dimensions pp. 12-34

DOI:
10.7256/2305-9699.2013.10.9469

Abstract: The goal of this article is to define international legal contents of the proprietary right of peoples and to find mechanisms for improvement of relevant national and international institutions. These goals may be achieved thanks to critical and comparative analysis of  legal sources, as well as the doctrines. It is being proven that international law recognizes the possibility for the proprietary rights of the peoples, as collective public rights, having both public and private law implementation mechanisms. Then, it does not provide the criteria for distinguishing state (and other public) property from the property of the people.  Such a right is being recognized in the national systems through political and legal declaration, and its correlation with the generally accepted system of distinguishing between public (state) and private property is weak.  Understanding the violations of the natural rights of nations by making all public resources belong to the state, the law-makers search for various compromises, and most of such compromises are not practically proven to be efficient.   In the opinion of the author  property of the people should apply to any public resources, having no individual owner or beneficiary, and being valuable for the implementation of collective rights of the people. It is established, that implementation of the right of the people to own, use and dispose of such property should be implemented by it directly, and the public government is only empowered to form the mechanisms for such implementation, but not to gain profit from it. It is also stated, that the public government may not make property of the people become state, municipal or private property without due expression of will and efficient compensations. The people also do not bear the risks of private economy and state administration activities, including the foreign debt of the state. 
Legal Studies, 2013-8
Babin B. - Prerequisites for the recognition of a right of self-awareness in the modern international law. pp. 1-25

DOI:
10.7256/2305-9699.2013.8.9327

Abstract: The article concerns specific features of ethnical self-awareness within the context of the problem of peoples as subjects of modern law.  The author provides grounds for the perspectives of gradual recognition of the right of self-awareness of the peoples by the global community.  It is proven that the right of the people for self-awareness (the freedom of self-awareness of the people) is a primary collective natural right, since its implementation precedes appearance of rights of the people, including the right of self-determination of the people.  It is also proven that the freedom of self-awareness is key within the natural law approach to the institution of peoples, and its limitation due to the will of the state to define which social groups are peoples and which are not levels down the recognized rights of peoples, such as proprietary rights, right for counteraction, right to peace, etc.  In the opinion of the author due to the natural character of the factor of self-awareness of the peoples it should be gradually recognized by the global community.  It is shown that implementation of the freedom of self-awareness proves the presence (existence) of the people (including indigenous people) as a subject of international legal relations, and this subject may in future implement the rights (such as right to development, right to self-determination), which are recognized by the international community.
Legal Studies, 2013-7
Babin B. - Legal guarantees of treatment of Cetaceans in Ukraine pp. 41-55

DOI:
10.7256/2305-9699.2013.7.8895

Abstract: The article discusses the problems regarding procedural regulation of use of marine mammals in Ukraine.  Taking the Cetaceans (Whales) as an example, the author shows use and interaction of international acts on environmental protection and national legislation, and bylaws in this sphere.  It is proven that the goals of environmental protection and economic legal regulation in this sphere are being corrected within the framework of the principle of humane treatment of animals.  The authors shows contradictory meaning of the Rules and norms on treatment of dolphins in captivity, which were adopted in 2012 by an Order of the Ministry of Environment and Natural Resources of Ukraine.  It is shown that legal reaction to the development of dolphinariums in Ukraine is due to a number of factors.  It is shown that due to commercial success of dolphinariums it is unlikely that there shall be a prohibition or considerable limitation of their activities due to the need to guarantee comfortable captivity conditions for dolphins.   It is also proven that the perspectives of practical implementation of the Rules and norms on treatment of dolphins in captivity of 2012 till 2015 are ambiguous, taking into account factual lack of control over the activities of dolphinariums and their development in Ukraine before these Rules were adopted.  The Rules as such are formally in conformity with the Agreement on the Conservation of Cetaceans in the Black Sea, Mediterranean Sea and Contiguous Atlantic Area of 1996, however, the Rules contradict the requirements viewed as a complex, since they legalize commercial activities of dolphinariums and support the growth of commercial demand for the capture. The article discusses the problems regarding procedural regulation of use of marine mammals in Ukraine.  Taking the Cetacea (Whales) as an example, the author shows use and interaction of international acts on environmental protection and national legislation, and bylaws in this sphere.  It is proven that the goals of environmental protection and economic legal regulation in thi s sphere are being corrected within the framework of the principle of humane treatment of animals.  The authors shows contradictory meaning of the Rules and norms on treatment of dolphines in captivity, which were adopted in 2012 by an Order of the Ministry of Environment and Natural Resources of Ukraine.  It is shown that legal reaction to the development of dolphinariums in Ukraine is due to a number of factors.  It is shown that due to commercial success of dolphinariums it is unlikely that there shall be a prohibition or considerable limitation of their activities due to the need to guarantee comfortable captivity conditions for dolphines.   It is also proven that the perspectives of practical implementation of the Rules and norms on treatment of dolphines in captivity of 2012 till 2015 are ambiguous, taking into account factual lack of control over the activities of dolphinariums and their development in Ukraine before these Rules were adopted.  The Rules as such are formally in conformity withthe Agreement on the Concervation of Cetaceans in the Black Sea, Mediterranean Sea and Contiguous Atlantic Area of 1996, however, the Rules contradic the requirements viewed as a complex, since they legalize commercial activities of delphinariums and support the growth of commercial demand for the capture. 
International Law, 2013-3
Babin B. - Programmatic Regulation in the Modern International Law pp. 1-35

DOI:
10.7256/2306-9899.2013.3.9302

Abstract: Article is devoted to the theoretical and practical problems of the phenomenon of the program regulation of the international relations. There proved that the application of the programmatic regulation of international legal relationships became one of the distinguishing features in formation of modern international law. The specialties of the phenomenology of the international legal programming in the historical, axiological and ontological aspects are analyzed. The international programs are looked in a context of the form of controlling norms, in particular, within the framework of bilateral intergovernmental legal relationships, external and internal organizational-legal activity of international organizations of the global and regional measuring; so with distinguishing the regalement acts in the field of the international legal programming. There are investigated the aspects of evolution of the use of programmatic acts, as regulators of international relations, general normative peculiarities of programmatic regulation, specific nature of such international regulation in the conditions of sustainable development and modernization. Also the question of preconditions of input of programmatic regulation in the international law, in the context of problem of sources and forms of international law and program character of international legal norms is looked at. The specifications of the program potential of the international legal relations in the frames of the current international legal doctrine are distinguished at. There is proved that the practice of the international programming can be recognized as supernational in fact it touches upon both aspects of intergovernmental collaboration and questions of actions of internal actors of the states within the framework of their national jurisdiction. A general conclusion is made that the programmatic regulation became important component part of the international legal regulation today. That’s why a thesis about the international programs, as the special source of international law, though requires an additional discussion, but is considered by the author productive enough and perspective.
International Law, 2013-2
Babin B. - The right to development as a global right: international and national dimensions. pp. 67-84

DOI:
10.7256/2306-9899.2013.2.5108

Abstract: The article includes analysis of the categories of development, right to development and sustainable development within the framework of international relations. The comparison between the said categoreis and international program acts and regulators allows one to state that these phenomena are interconnected.  The article contains references to regulatory support of development, right to development and sustainable development in the international treaties, declarations and program acts of the UN.  It is pointed out that the right to development is an integral part of both human rights and the rights of peoples, and it requires a collective bearer (subject).  It is proven that the nations taking part in international relations (as well as indigenous nations) are bearers of the right to development. It is pointed out that implementation of rights to development and sustainable development requires both the international cooperation and implementation of international program regulators in the national legal systems.  It is recognized that responsibility of states for the implementation of right to development presupposes the need for program regulation of sustainable development in international law and constitutional law, the author also shows the negative features of existing practice.
International Law, 2012-1
Babin B. - Programmatic Regulation in Modern International Law: Theoretical Problems and Practical Experience pp. 36-75
Abstract: The article is devoted to the analysis of problem of the status of the international legal programs in a modern international law. Using historical, comparative, formal legal methods, with a help of programmatic regulation concept some theoretical problems of international law are decided. The evolution of the programmatic acts as international relations' regulators is researched, also the common normative peculiarities of programmatic regulation and its specification in a context of development and modernization are distinguished. The improving of programmatic regulation into the international law is researched in a frame of the source and form problems in international law and with question of programness of its norms. The peculiarities of multilateral interstate programs and bilateral interstate, intergovernmental and interbody programs also as programmatic regulation in the international organization activities are researched. The thesis on international programs as a specific source of modern public international law is proposed and grounded. Article’s summary may be used for development of international legal doctrine and in international legal creation and improving practices.
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