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This article analyzes the impact of Public Company Accounting Oversight Board (PCAOB)-type regulatory oversight and legal liability on audit quality and social surplus. We show the conditions under which regulatory oversight can improve audit quality and social surplus, as compared with the impact of legal systems. Moreover, we demonstrate that regulatory oversight is not likely to substitute effectively for a legal system. This is the first study that analyzes the possible effects of an audit regulator on auditors under different legal systems, and our results enhance understanding of the complex relationship between regulatory oversight, a legal system, and social surplus. [ABSTRACT FROM AUTHOR]

International human rights apply to all persons. These are not only meant to protect all humans from discrimination, and inhuman, degrading, and cruel treatment, but also enforce humans' civil, political, social, economic, and cultural rights. This study aims to focus on the role of international law in protecting the rights of persons with disabilities and unfolding their rights. The study found that international law has some transparent and clear standards for protecting the rights of people with disabilities compared to other people. However, the challenges are related to the enforcement of these standards and the enactment of treaties, binding to all the member states without interfering with their sovereignty. The study recommends that the international legal system should first be able to make sure that the language of rights is comprehendible for all the state parties and that they are properly briefed about the required change through change in the legal regime. Because, member states are not inclined to give up their norms, culture, and beliefs. This transformation will be achieved by first creating understanding and then implementing it. [ABSTRACT FROM AUTHOR]

This study presents detailed estimates of the shadow economy's size and development in all European Union (EU) countries with particular emphasis on six specific countries (Germany, Austria, Denmark, Greece, Italy, and Romania) from 2003 to 2022. It focuses on understanding the key factors that motivate economic agents to engage in shadow economy activities within EU and particularly these countries. The estimates presented show a significant reduction in the shadow economy's size from 22.6% of GDP in 2003 to 17.3% in 2022, highlighting the effectiveness of various policy measures implemented in most EU countries with particular focus on these six countries. Despite a slight increase in the shadow economy across most EU nations due to the Coronavirus pandemic after 2020, our research identifies the main determinants of economic informality in most EU countries. Our analysis expose that weak institutional quality, ineffective government institutions, complex and burdensome tax and regulatory systems, the lack of strong legal systems, and pervasive corruption are the main determinants of economic informality in most countries of the EU. The study thoroughly reviews the driving forces behind the shadow economy and discusses the specific policy measures these six countries part of this policy analysis paper have adopted to mitigate and reduce its presence. [ABSTRACT FROM AUTHOR]

There are strong expressions of hope that the experience of the COVID-19 crisis might strengthen our sense of justice and inspire activities that bring about fundamental change for the better. What may we hope for during the crisis and how should we hope? Based on a discussion of philosophical theories of hope and tragedy, I will develop an account of "activating fragile hope," which is motivating contributions to structural change and resistance against injustice beyond and within the legal system and which remains aware of its own fragility and of the situation of those who have less to hope for. [ABSTRACT FROM AUTHOR]

Traditional classroom teaching remains the primary mode of learning at the Dubai Judicial Institute (DJI), a public entity educating aspiring judiciary members and legal professionals. However, the DJI faces specific challenges in transitioning to a smart learning model, including the potential loss of valuable personal interaction, significant financial and technological requirements, and the need for staff training to adapt to new systems. Despite these hurdles, both management and learners at the DJI express readiness and enthusiasm for this paradigm shift, driven by the benefits of flexibility, time efficiency, and increased learner autonomy. This study identifies core challenges in transitioning to smart learning, highlights key andragogical practices, and evaluates the institute's organizational readiness for change. The findings indicate that while the transition requires a phased approach and careful planning, it presents a significant opportunity to enhance judicial training. By embracing smart learning, the DJI can align with Dubai's broader smart government initiatives, ultimately fostering a more efficient, accessible, and innovative justice system. [ABSTRACT FROM AUTHOR]

Sentencing disparity dominates in American scholarship and has been leading global research in past decades, however, few studies have addressed sentencing equilibrium across countries. Learning from the previous theories regarding court communities, organizational conformity, and so on, this paper develops a theory of jurisdictional uniformity to address sentencing equilibrium in embedded courts across different levels in China. With data on sentence length consisting of 15,142 rape offenders nationwide, this article conducts bivariate and multilevel multivariate analyses to demonstrate negligible sentencing differences across cities and provinces. Authors believe the sentencing rules under jurisdictional uniformity pave the way for balanced sentencing, while the political mechanism in the judicial system controls jurisdictional disparity. Given that the existence of sentencing disparity should be seriously rechecked in each jurisdiction due to the legal and political diversity across the country, attention should be given to sentencing equilibrium inside the embedded court. [ABSTRACT FROM AUTHOR]

Background: Individuals with serious mental illness (SMI) have disproportionately high rates of criminal legal system involvement. For many, this becomes a repeated cycle of arrest and incarceration. Treatments that address symptoms of mental illness are a critical component of the continuum of services for people with SMI in the legal system; yet on their own, psychiatric treatments have not been successful at reducing criminal legal system involvement for this population. Research suggests that criminogenic risk factors, the major drivers of criminal legal system involvement, are disproportionately prevalent among individuals with SMI. However, promising criminogenic-focused interventions have only just begun to be adapted for individuals with SMI. The proposed study will examine the capacity of Forging New Paths (FNP), a novel criminogenic-focused group intervention developed for individuals with SMI, to engage its primary and secondary outcomes when delivered in community mental health settings. Methods: The proposed pilot study will engage a small-scale clinical trial comprising three cycles of FNP delivered in a community mental health center in a Southeastern state in the U.S. The anticipated total sample size is N = 72 and will consist of community-dwelling adults with SMI who have a moderate or higher criminogenic risk level and a history of criminal legal system contact. This study will examine the extent to which FNP is able to engage its primary (aggression and community tenure) and secondary (criminal attitudes and impulsivity) treatment outcomes. Discussion: FNP provides an important new service for community-based mental health settings to reduce criminal legal system involvement (and recidivism) among the individuals they serve with SMI. Clinical Trial Registration: NCT06290648. [ABSTRACT FROM AUTHOR]

The rapid development of digital economy promotes the transformation and upgrading of China's shipping fields. Among them, the international shipping anti-monopoly legal system is one of the important contents of China's shipping legislation. In the era of digital economy, it is difficult for the existing system to better regulate the international liner shipping market with shipping alliance as the core. Countries have re-examined the anti-monopoly legal regulation system of international shipping. As both a major shipping and trading country, it is urgent for China to improve its shipping legislation with the anti-monopoly system as its core. In order to cope with the new pattern of shipping alliance in the era of digital economy, we should learn from the advanced experience of international shipping legislation, base on the perspective of China's shipping economic development and our own needs, and make effective exploration from the aspects of coordinating the development of digital economy and shipping management mechanism, improving shipping supervision ability and accelerating the improvement of shipping legal system with Chinese Characteristics. [ABSTRACT FROM AUTHOR]

Considering the vital role of the maritime transport industry as the most efficient method of international commercial exchanges and the irreplaceable role of the element of time in this field, any delay in the delivery of the vessel can result in significant financial losses for the owner. In the event of a delay in the delivery of the vessel, resulting from a number of factors, including the failure to clear the goods in a timely manner and port congestion, the owner of the vessel is subject to financial losses. To mitigate the risk of such delays and the subsequent extra stops of the vessel, a provision for demurrage is incorporated into every voyage charter party. Due to the new conditions and the demand for additional days, it is always considered one of the common reasons for the conflict between vessel owners and charterers, and this issue has resulted in numerous lawsuits in the legal system of different countries. Nevertheless, a matter that has given rise to considerable discord between the parties is the potential for the imposition of increased damages on the owner of the vessel. In certain instances, the delivery of a ship can be subject to delays that extend beyond the stipulated timeframe. Such delays can result in various forms of damages, including the loss of goods, as well as an increase in taxes and customs duties for the owner of the vessel. In this article, using an analytical descriptive method, while investigating the nature of demurrage in the legal system of different countries, we will examine the legal procedures governing the payment of demurrage with other maritime damages. The findings of the research indicate that judicial procedures, except in exceptional cases, consider demurrage as an exclusive method to cover all damages caused by vessel delay. In order to claim their actual losses and receive damages in excess of the fixed amount of the demurrer, it is necessary for the owner to prove a separate violation. [ABSTRACT FROM AUTHOR]

Private enforcement of competition law means that natural or legal persons aggrieved by the anti-competitive practices of undertakings bring actions before national courts. Anti-competitive procedures possessing cross-border elements, on account of a link to diverse countries' markets and the adverse impacts on them, are associated with the complexities of conflicting jurisdictions to initiate private lawsuits. In EU law, significant and constant alterations have been made in this field by the European Court of Justice. This article strives to compare the jurisdictional rules in competition law claims in the European Union and Iranian law through these judicial precedents along with growing research of legal writers and with a comparative approach. The authors of this article believe that notwithstanding the tortious nature of competition law claims and the invalidity of anti-competitive agreements and irrespective of whether they are "follow-on actions" or "stand-alone actions", having recourse to the jurisdictional rules related to the contract in both legal systems is plausible and untainted by a problem, and what is indeed requisite for determining the appropriate jurisdiction is perceiving the court with the closest link to the litigation. It has likewise been acknowledged in this article that in Iran's judicial system, the imperative legislations have not been adopted to impede the courts from handing down conflicting judgments in civil and commercial disputes in the international context, notably appertaining to competition law, which entails the consideration of Iran's legislative institutions. [ABSTRACT FROM AUTHOR]

Copyright of EMPIRIA: Revista de Metodología de Ciencias Sociales is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

For decades, the American criminal legal system has failed to curtail illicit drug use and overdose deaths through punitive and selective enforcement. The federal government has prosecuted people and succeeded in securing many long prison sentences based on drug crimes. In the past two years, two amendments by the United States Sentencing Commission offered a measured reprieve through sentence reductions. Amendment 821 offered the possibility for sentence reductions based on recalculating the guidelines associated with certain prior offenses. Amendment 814 updated policy statements for assessing "extraordinary and compelling reasons" for a sentence reduction. These changes are not revolutionary; however, the amendments are offering thousands of people the opportunity to return to their families sooner. This Article provides a brief history of American drug criminalization and details statistics on federal drug offenses and sentences in 2023-2024. Then, the Article examines Amendment 821, with a focus on "boat cases," where individuals are receiving sentence reductions based on their lack of prior criminal record. Next, this Article examines reductions to unusually long drug sentences through 18 U.S.C. § 3582(c). The Article concludes by contextualizing these amendments, which are a significant remedy for thousands of people and their families yet fall short of the change required to address our system's addiction to punishment. [ABSTRACT FROM AUTHOR]

Copyright of Belügyi Szemle / Academic Journal of Internal Affairs is the property of Ministry of Interior of Hungary and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Existing research reveals that survivors of sexual violence (SSV) face barriers in reporting sexual assault, such as fear of the criminal justice process. These barriers are more complex for racialized SSV, whose unique needs and experiences may differ from White SSV. In order to increase accessibility of legal support for SSV, a project offering free legal services in Canada was developed to support survivors by providing them with the legal information necessary to make informed decisions about reporting. One of the primary goals of the project was to tailor services to racialized SSV in order to ensure equitable access to justice for this population. This paper presents the outcomes of these efforts from multiple stakeholders involved in the project's implementation. Our findings reveal important considerations for what constitutes justice for racialized SSV, and the importance of centering them in the design and implementation of support services. [ABSTRACT FROM AUTHOR]

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Problem definition: Limited resources in the judicial system can lead to costly delays, stunted economic development, and even failure to deliver justice. Using the Supreme Court of India as an exemplar for such resource-constrained settings, we apply ideas from service operations to study delay. Specifically, court dynamics constitute a case-management queue, whereby each case may experience multiple service encounters spread across time, but all are necessarily with the same server. Our goal is to elucidate the drivers of congestion, focusing on metrics such as the expected case-disposition time (delay) and expected number of cases awaiting adjudication (pendency), and leverage this understanding to recommend operational interventions. Methodology/results: We employ data-driven calibrated simulations to model the analytically intractable case-management queue. The life cycle of a case comprises two stages: preadmission (before determining its merit for detailed hearings) and postadmission. Our methodology allows us to capture the queueing dynamics in which the judges are shared resources across the two stages. It also permits modeling of holiday capacity, which is flexibly tailored to address any surplus work that spills over from the regular year. We find that the second stage of this judicial queue is overloaded, but holiday capacity creates a perception of stability by steadying performance metrics. Managerial implications: The sources of inefficiency that drive congestion include a misalignment between scheduling guidelines and judicial capacity, coupled with the requirement to schedule hearings in advance. Together, these factors inhibit utilization of shared capacity across the two-stage judicial queue. We demonstrate how interventions that account for these inefficiencies can successfully tackle judicial delay. In particular, scheduling to improve the allocation of time across preadmission and postadmission cases can cut down the expected delay by as much as 65%. Funding: This study is (partially) supported by a Korea University Business School Research Grant. Supplemental Material: The online appendix is available at https://doi.org/10.1287/msom.2023.0530. [ABSTRACT FROM AUTHOR]

Research has documented numerous barriers to recruitment of marginalized individuals, including historic exploitation, distrust, and accessibility. Such challenges are commonly observed among racial minorities, unhoused individuals, and individuals with lower socioeconomic statuses. Public health researchers have led investigations on ways to engage hard-to-reach populations, but the nuances of recruiting such individuals within criminal justice research remain less explored – a crucial oversight given the prevalence of these populations within the criminal legal system. While literature has identified barriers unique to these distinct identities, it has not fully explored how intersectional identities may complicate these barriers. To bridge these critical gaps, the current paper addresses the challenges of recruiting individuals with multiple identities within the same study. We discuss how the proposed techniques for recruitment of these populations translate into criminal justice contexts, with particular attention to the ways individuals with lived experience enhance study design, recruitment, and overall integrity. [ABSTRACT FROM AUTHOR]

Copyright of Revista Jurídica de Castilla y León is the property of Junta de Castilla y Leon, Direccion de Servicios Juridicos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Derechos y Libertades is the property of Dykinson SL and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Právník is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Právník is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Impact entrepreneurship is a pivotal force in harmonizing environmental, social, and economic objectives, yet in the early stages of their ventures, entrepreneurs face complex challenges. Grounded in institutional theory, this study investigates the unique needs of impact entrepreneurs and uncovers shortcomings in the existing institutional support frameworks. An in‐depth qualitative analysis was conducted involving semi‐structured interviews with successful impact entrepreneurs and identifying key needs across four main categories: knowledge frameworks, entrepreneurial skill sets, resource dependencies, and sociocultural and personal elements. We deduced essential requirements for clear operational guidelines, financial and legal support systems, collaborative academic interactions, and access to a skilled workforce. Our findings challenge the efficiency and alignment of current support mechanisms with the unique demands of impact entrepreneurship. Finally, this investigation not only sheds light on the complex needs of impact entrepreneurs but also contributes significantly to the academic discourse by recommending improvements in institutional support structures, potentially reshaping the field of impact entrepreneurship. [ABSTRACT FROM AUTHOR]

False guilty pleas, when innocent people are wrongfully convicted by pleading guilty, have beset criminal legal systems since the time guilty pleas came into existence. Today, of the nearly 3,300 exoneration cases catalogued by the National Registry of Exonerations (NRE), about 25% are wrongful convictions via guilty plea, with the remaining 75% by trial. In the present study, we code the known population of wrongful plea convictions, comparing them to the known population of wrongful trial convictions on numerous factors (e.g. dispositional and situational risk factors) to identify defining characteristics of false guilty plea cases. Overall, we found many notable differences. False guilty plea cases are four times more likely to involve a false confession and be the 'no-crime' type of wrongful conviction than trial cases. In contrast, trial cases were significantly more likely to involve eyewitness misidentification, forensic science errors, perjury or false accusations, and documented ineffective assistance of counsel claims than false guilty plea cases. Results shed much-needed light on the factors that associate with false guilty pleas. [ABSTRACT FROM AUTHOR]

In this article, we use 15 in-depth interviews with formerly incarcerated mothers to explore an understudied dimension of the punitive nature of system contact: its contamination of memory. Drawing on theoretical scholarship in the sociology of memory, we reveal how contact with both the criminal legal system and the child welfare system defined participants' worst maternal memories and contaminated even their best maternal memories. In sharp contrast with their retrospective narratives, participants' imagined futures were notably devoid of references to system contact, even in the form of desistance narratives. These findings, we argue, capture just how invasive contact with punitive state institutions can be, and they suggest that reentry represents a meaningful period during which participants can envision futures that are—at least in their imaginations—free from this intrusion. [ABSTRACT FROM AUTHOR]

The publication of laws and regulations has always been accepted by legal scholars as an essential stage in the the legislative process. In the legal system of the Islamic Republic of Iran, the Law on the Publication and Free Access to Information, passed in 2008, emphasizes the necessity of publication and prohibits the classification of documents that create rights and obligations, including regulations such as bylaws, circulars, and guidelines. However, there are still instances of classified and confidential regulations within the Iranian legal system. This issue, regarded as a deviation in terms of public law norms, can pose serious challenges to any legal system and lead to the infringement of citizens' rights. The present research, using a descriptive-analytical method, examines the mechanism for the "classification and confidentiality of documents," the criteria for "the necessity of publishing regulations," and the reasons for the existence of confidential regulations in the legal system of the Islamic Republic of Iran. It seeks to answer the question, what challenges confidential regulations pose to the Iranian legal system? The Paper ultimately aims to propose solutions using legal tools to address these challenges. [ABSTRACT FROM AUTHOR]

According to article 34 of the [Iranian] Constitution, everyone has the right to bring their claims before a court of law, and based on this right, the judiciary is tasked with examining and judging claims under article 156 of the constitution. To achieve a fair trial, the role of the Guardian Council as the interpreter of the Constitution is of great importance. In fact, the fair trial concept in the constitution is an ideal that requires the determination of standards that the constitutional judge expresses during the examination of legislative approvals. Accordingly, this research seeks to answer the question: what are the requirements for achieving an optimal fair trial according to the opinions of the Guardian Council? This study, using library data and an analytical-descriptive method, aims to identify the requirements of an optimal trial in three stages of judicial proceedings: 'before the judgment is issued,' 'issuing the judgment,' and 'executing the judgment.' The research concludes that the Guardian Council has implicitly and explicitly determined the guarantees and requirements for a fair trial and has deemed the legislative approvals of the Majlis incompatible with these standards in several instances. [ABSTRACT FROM AUTHOR]

The recovery of assets derived from corruption crimes plays a decisive role in preventing corruption offenses. However, traditional or direct asset recovery, which is based on formal cooperation between states, has become practically unsuccessful due to the rapid transfer of corrupt criminal assets from one country to others and the complexity of accessing criminals when they flee. This situation has shifted the focus of judicial, law enforcement, and intelligence agencies towards informal asset recovery, which is based on principles of speed, efficiency, and reliability. Alongside informal recovery, indirect recovery is also considered a new strategy in the field of asset recovery. The main question of this research is what capacities and barriers exist in international law regarding the identification of new strategies for the recovery of assets derived from corruption crimes for the Islamic Republic of Iran. The findings of this research indicate that, firstly, given the rapid transfer of corrupt criminal assets from one jurisdiction to another, the new international legal system has focused on informal mechanisms for recovering assets derived from corruption crimes, such as STAR, IML, etc. Currently, Iran is only a member of one of these mechanisms, and the legal status of this type of cooperation with these frameworks remains undefined. Secondly, attention to the indirect recovery of assets should occur alongside direct recovery, and in this context, some formal mechanisms for asset recovery, such as confiscation without a criminal conviction or administrative confiscation accepted in the Merida Convention, have not been recognized in Iran's legal system. [ABSTRACT FROM AUTHOR]

According to articles 4, 91, and 98 of the Constitution, the Guardian Council has the authority to oversee the legislation of the Islamic Consultative Assembly (the Majlis) in terms of its conformity with Islamic law and the Constitution, as well as to provide post-facto religious oversight on all laws and regulations and interpret the Constitution. The Council's opinions are expressed in written form, and the transformation of discussions into writing faces certain limitations. These limitations require the establishment of guidelines for drafting the Council's opinions. This research, using a descriptive-analytical method, seeks to answer the question: what are the requirements for writing the opinions of the Guardian Council, and what effects does adherence to these requirements have? To provide an answer, the analysis of the Guardian Council's opinions will be conducted based on writing requirements, beginning with content-related requirements, followed by formal requirements. The most important content-related requirements include solid reasoning, guiding the legislator in addressing issues, and commenting on the contrary meaning of opinions. The most important formal requirements include clarity, robustness in legal language and terminology while avoiding neologisms, avoiding convoluted writing, avoiding generalizations, using clear and precise terms, and appropriate punctuation. Adherence to these requirements not only prevents negative consequences from the incorrect transmission of concepts but also leads to positive outcomes such as fulfilling the existential purpose of the Guardian Council, maximizing the innovative authority of legislative bodies, creating transparency in the country's legal system, speeding up the legislative process, and developing the legal system. [ABSTRACT FROM AUTHOR]

The minister of justice, like any other minister, must have clear, appropriate, and balanced duties, powers, and responsibilities. This article first provides an overview of the position, duties, powers, and general responsibilities of ministers, such as those established in article 137 of the constitution of the Islamic Republic of Iran, and the rules regarding their appointment, vote of confidence, resignation, dismissal, questioning, and impeachment as outlined in the Constitution. Thereafter, the specific status of the minister of justice is explained. It is clear that the minister of justice occupies a position similar to that of other ministers. However, in some respects, this position is exceptional. The essence of this situation arises from the Iranian constitution, which states that "the judiciary" is outside the domain of the minister of justice. The topic of this research is to studt to what extent the method established in article 160 of the constitution of 1979 as amended in 1989, and the Act on the Implementation of Part of Article 160 of the Constitution, adopted in 2015, effectively addresses various issues regarding the relationship between the judiciary and other branches of government and is suitable for the optimal management of the country's judicial system while fully ensuring judicial independence. This research, which utilized library sources and documents for data collection and employs legal and judicial reasoning for data analysis, has shown that some issues remain unresolved and require theoretical and legal solutions. This paper presents solutions, the most important of which are based on clarifying the concept of judicial independence in judicial proceedings and decisions and avoiding its extension to the administrative, financial, and executive matters of the judiciary. [ABSTRACT FROM AUTHOR]

Article 174 of the [Iranian] Constitution grants the General Inspection Organization the authority to supervise institutions in terms of implementing laws and the proper conduct of affairs. The concept of supervising the proper conduct of affairs has many ambiguities. Aside from inherent linguistic ambiguities, there are no regulations in practice to determine what constitutes proper conduct, leaving the assessment of this matter solely to the inspectors of the General Inspection Organization. This is particularly significant because the organization can, based on its interpretation of proper conduct, issue binding recommendations to institutions, and failure to implement these recommendations can result in criminal liability for the authorities of those institutions, regardless of whether they agree or disagree with the proposed recommendations. This study employs a descriptive-analytical method to identify the concept and scope of the General Inspection Organization's supervision power over the proper conduct of affairs within the legal system of the Islamic Republic of Iran. Among various solutions, it appears that the best approach is for the General Inspection Organization and the Judiciary to establish standards so that any administrative decision adhering to these standards falls under the category of proper conduct, while decisions outside this process can be reviewed and amended by the organization. [ABSTRACT FROM AUTHOR]

Floating damage refers to the natural compensatory capabilities, the disappearance, or the invisibility of damage caused by harmful behavior or operations. Due to the characteristics of the seabed, the damages resulting from maritime transportation are fluid or floating, which creates a significant challenge for legal systems in protecting the marine environment. These challenges arise in three areas: the feasibility of assessing the damages, how to evaluate them, and finally, determining and issuing judgments regarding the damages incurred. This paper employs a descriptive-analytical method to address the concept of floating damage in the marine environment and to outline its characteristics. It concludes that the inefficiency of legal systems in protecting the marine environment is due to the lack of a specific victim in most marine environmental damages, the fluidity of the damages incurred, and ultimately the absence of clear criteria for assessing and compensating these damages. The paper suggests a strategic approach to compensating damages to the marine environment, the criteria should be the estimation and relative assessment of the damages, regardless of whether the damages are present, disappeared, or compensated naturally. Such estimations and assessments are carried out considering scientific, economic, and expert criteria. As a result, judicial decisions in this area focus on the feasibility of realization and continuity of the damage rather than its definitive or tangible realization. [ABSTRACT FROM AUTHOR]

Custom, alongside treaties and general principles of law, is one of the important sources of international law. One of the reasons for the significance of custom is that it is unwritten and always dynamic. This advantage has led to an increase in reliance on custom. International law requires states to recognize and implement the customary international rules within their legal systems. For a national judge to refer to custom, it is necessary to clarify the position of this source within the domestic legal structure. Given that custom cannot be proposed and enacted in legislative bodies, the role of courts becomes even more crucial. In this context, examining the pracrice of countries with a common law legal system will provide useful insights. The main question of this article is what position judges in England assign to international custom and in what contexts do they they utilize it? This research shows that international custom has a significant role in the English judicial system. [ABSTRACT FROM AUTHOR]

This paper aims to draw conclusions about the right to a fair legal process, its key elements, and primarily focuses on access to justice and the requirement of adjudication within a reasonable timeframe. One of the questions posed is: Is access to justice restricted? If so, what are the conditions that must be met to impose such restrictions? The conclusions reached pertain to understanding what access to justice entails, its role in fulfilling the principle of a fair legal process, and the steps that need to be taken to effectively utilize this right. The right to a fair legal process constitutes a fundamental principle of the rule of law and the protection of human rights, guaranteed both at the national and international levels. At the European level, this right is enshrined in the European Convention on Human Rights (ECHR), specifically in Article 6, which ensures the right to a fair and public hearing within a reasonable timeframe by an independent and impartial tribunal. In the electoral context, fair legal processes hold particular importance in ensuring the integrity of elections and equal competition. The Code of Good Practice in Electoral Matters, adopted by the Venice Commission, emphasizes guaranteeing transparency, resolving electoral disputes, and protecting the rights of voters and candidates through fair and reliable procedures. Ultimately, it is emphasized that ensuring a fair legal process in European and electoral conventions is a key element in strengthening democracy and fostering public trust in legal systems and electoral institutions. [ABSTRACT FROM AUTHOR]

The judicial institutions of a country impact corporate litigation. From 2003 to 2010, China allowed the appointed secretaries of the Committee of Political and Legislative Affairs to hold concurrent administrative roles (CAR) as directors of the Police Departments in their respective provinces. Such a policy provides a natural experiment on the change of the judicial environment. In this paper, we employ a Staggered Difference‐in‐Differences method to study the effect of changes in judicial institution on corporate litigation using data on publicly traded corporations from 1998 to 2010. We find corporations engage in fewer corporate litigations during the time period of China's CAR policy (i.e., when judicial justice was likely weaker). Further analysis shows that the probability of winning lawsuits increases for non‐state‐owned enterprises. Mechanism analysis shows that the CAR policy heightens the uncertainty of economic policies by changing companies' perceptions of the status of political and legal institutions in the judicial system, thereby reducing corporate judicial participation. [ABSTRACT FROM AUTHOR]

Although the non-human turn in justice theory remains in its infancy, several projects have emerged, including Earth system justice, multispecies justice, and planetary justice. Crucially, candidate theories must provide convincing responses to the who, what, and how of justice. The question of who can prove particularly challenging, as philosophers continue to debate the moral relevance of properties of entities or the relations between them. Scholars of environmental politics seeking to develop more-than-human justice theories must carefully attend to issues inherent in this debate, including conceptual inconsistencies. Recent work by Winter and Schlosberg advancing a materialist perspective on multispecies and planetary justice demonstrates the difficult task of participating in this conversation, as evidenced by their application of the term 'subjects of justice.' In this brief essay, I identify three flaws in their use of this phrase and explain why the treatment of subjects matters to justice theory in the Anthropocene. [ABSTRACT FROM AUTHOR]

Legal transitions--that is, changes in legislation, regulations, or judicial decisions--are necessary to improve any legal system. This process, however, is fraught with obstacles and hard decisions mainly because, while society may gain, some individuals will suffer under a new rule. This raises a number of questions. Is the reform unfair to those who lose as a result of it? If so, should the new rule incorporate any form of transition relief to alleviate these concerns, such as compensation? Legal transitions can be particularly difficult when a new rule affects vested property rights. This Article uses water law reform as a vehicle for examining how legal transitions prompted by climate change might match the urgency of this slow--but inexorable--process. Climate-change-driven water scarcity and Wall Street investment reveal shortcomings and inequities of current water law. But significant barriers to systemic reform require innovative transition design. Given that the most prevalent types of water rights are considered constitutionally protected property, holders of existing water rights will oppose reforms on fairness, economic, and constitutional grounds. Building on the legal transitions literature, strategies used in other water-scarce countries, and historical transitions in water law, this Article is the first to provide an in-depth analysis of the policy and constitutional implications of addressing the current water crisis by employing one of the less theorized forms of transitional relief: delayed implementation. This Article concludes that delayed implementation, when compared to other more traditional alternatives, will make the adoption of these legal changes more politically viable, reduce their vulnerability to constitutional challenges, and lead to fairer and more efficient outcomes. Because many of the advantages of delayed implementation are not specific to water law, this analysis suggests that delayed implementation has many applications as transitional relief in other areas of regulation. [ABSTRACT FROM AUTHOR]

The article is devoted to the features of ensuring and implementing the Bangalore Principles of Judicial Conduct as the basis of judicial ethics, the purpose of which is to establish standards of ethical behavior of judges in order to support and develop trust in the judiciary in society. It is found that the Bangalore Principles of Judicial Conduct define the fundamental ethical standards of the judiciary in general and the moral and ethical requirements for the person of a judge in particular. These principles define independence, objectivity, honesty, incorruptibility, equality, competence and diligence as key factors in judicial proceedings, and their observance in professional activities and everyday life contributes to the formation and strengthening of citizens' trust in the judiciary. It is emphasized that the Code of Judicial Ethics in force in Ukraine, formed on the basis of the analyzed principles, justifies the importance of their implementation in national judicial systems, since their observance will contribute to the encouragement and maintenance of high moral and ethical and professional and competence standards in the behavior of judges. It is noted that judicial ethics covers the professional and personal aspects of a judge's life, explores and develops moral and ethical relations between judges and participants in the judicial process. Moral and ethical norms in the judiciary should be formed on the basis of the principle of human centrism, the priority of human rights and freedoms. Attention is focused on the fact that today in Ukraine the value orientations of society's development have acquired special importance in all spheres of a person's life, because a consolidated, harmonious morally and spiritually stable society is able to fully develop and ensure and guarantee the fundamental rights and freedoms of a person and a citizen. It is emphasized that the above principles are aimed not only at establishing and recommending compliance with ethical principles as regulations of internal requirements for the behavior of judges. They should contribute to supporting the administration of justice by representatives of the executive and legislative branches, lawyers, and society, which will develop interaction between them in order to ensure the rule of law and the triumph of justice. [ABSTRACT FROM AUTHOR]

The Court of Justice of the European Union (CJEU) uses a variety of tools in its activities, among which the most important are the methods of interpretation. Using a whole range of methods (methods) of interpretation, the CJEU fills existing gaps in the law or clarifies the meaning and scope of application of the rules of European Union law. The CJEU uses methods of interpretation in its legal interpretation activities that are used in both national and international law. However, their use in the interpretation of European Union law is somewhat different. Based on the analysis of the case law of the CJEU, researchers distinguish a wide range of methods of interpretation, among which the main ones are philological (linguistic), systemic, teleological, historical, etc. The combination of these methods allows for the adaptation of EU law to changing conditions and unification of its multilingual nature. The work is focused on the most commonly used methods of interpretation: philological, systemic and teleologi cal. The philological interpretation is applied by the CJEU somewhat differently than in the generally accepted classical sense. This is a consequence of the multilingual nature of EU law, which influences both the procedure and the order in which this method of interpretation is used. The systemic method emphasizes the need for an interpretation that would allow EU legal norms to be integrated into a coherent and consistent framework within the complex system of EU legal sources, taking into account the hierarchy of primary and secondary law. In this regard, the general principles of EU law are of particular importance. As a result of the Court of Justice of the European Union's application of the systemic interpretation mechanism, the unification of the understanding of EU law within the legal systems of various member states is ensured. Teleological interpretation in the practice of the CJEU lays the foundation for case law, considering the presence of extensive preambles in EU legal a cts. An analysis of the ways, methods and practices of interpretation of EU law is necessary to prepare the national legal system and national courts for cooperation w ithin the framework of the CJEU. [ABSTRACT FROM AUTHOR]

The article examines key trends in the annulment of arbitral awards in Ukraine. Arbitration is one of the most important forms of alternative dispute resolution in the field of international commercial law. However, the practice of annulment of arbitral awards remains an important topic for analysis due to its impact on the stability and predictability of the arbitration process, as well as on the country's investment climate. The study examines the main reasons why arbitral awards may be annulled by the courts of Ukraine. Among them: violation of procedural norms during the arbitration proceedings, inconsistency of the award with public order, absence of an arbitration agreement or abuse of authority by arbitrators. The article also examines the dynamics of judicial practice, in particular the role of the Supreme Court in forming a unified approach to considering cases on the annulment of arbitral awards. Specific judicial precedents are analyzed, which indicate the gradual strengthening of the approach focused on protecting the principles of autonomy of arbitration. It is found that courts are beginning to move away from a purely formalistic approach to a more flexible analysis of the circumstances of each case. Particular attention is paid to a comparative analysis with international practice. The study demonstrates that in the EU and the USA, the practice of annulling arbitral awards is much less common, as courts pay more attention to maintaining the finality of arbitral awards. The authors indicate that the Ukrainian judicial system needs further harmonization with international standards, such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law. The conclusions of the article emphasize the need for a comprehensive reform that would include improving both the legislative framework and the practical implementation of judicial control. It is recommended to introduce additional training programs for arbitration judges and develop clear recommendations for the application of the concept of public or der. Thus, the development of a unified approach to annulling arbitral awards should become one of the key priorities for the Ukrainian legal system. This will ensure a balance between the need for judicial control and respect for the arbitration process, which is an important condition for attracting foreign investment and increasing the effectiveness of arbitration as a dispute resolution tool. [ABSTRACT FROM AUTHOR]

The author of this scientific article examines the prerequisites and future prospects for the application of equity law (also known as «common law») as an element of the Anglo-Saxon legal family in resolving legal disputes related to the temporarily occupied territories of Ukraine. Specifically, the article explores the peculiarities of applying principles prevalent in equity law, such as the principle of equity and the principle of trust. Additionally, the mechanism of estoppel is analyzed, which can be used to protect the property rights of citizens, other individuals, and legal entities, as well as to restore justice in conditions of an insufficient legal framework to resolve such legal issues. At the same time, the author does not limit the study to theoretical aspects of equity law within the Anglo-Saxon legal family but also conducts a comparative analysis of approaches to this legal phenomenon within the continental legal family. The article compares the approaches of these legal systems to resolving legal disputes in crisis conditions, including cases of military occupation and armed conflict. Particular attention is paid to existing international precedents, including the practices of the European Court of Human Rights, the International Criminal Court, and decisions of national courts in states with Anglo-Saxon legal systems. The possibilities of implementing these approaches into Ukraine's national judicial practice are also considered. The article separately addresses the existing legal regulation of relations in the temporarily occupied territories of Ukraine, including legislative acts, judicial practice, and international standards. It proposes the adaptation of equity law principles to improve the resolution of property disputes, compensation for damages, and protection of the interests of legal entities. Recommendations are provided for enhancing Ukraine's judicial practice in resolving international and cross-border disputes. [ABSTRACT FROM AUTHOR]

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. [ABSTRACT FROM AUTHOR]

The article notes that control over the activities of bar self-governance bodies is critically important for ensuring the proper functioning of justice and the protection of citizens' rights. With the increase in complaints about the improper actions of lawyers and bar self-governance bodies, the issue of their control is becoming increasingly relevant. The lack of proper control can lead to violations of citizens' rights, a decrease in trust in the legal system, and the emer gence of legal conflicts. It is emphasized that recent legislative changes in Ukraine have aimed to improve the mechanisms of control over the activities of lawyers and bar self-governance bodies. This includes the introduction of new ethical standards, increased transparency of various qualification procedures, and enhanced accountability for professional misconduct. These initiatives were intended to ensure a high level of professionalism and responsibility among lawyers, as well as to increase public trust in the legal system. The importance of researching this topic is highlighted for analyzing the effectiveness of existing control mechanisms and identifying possible ways to improve them, which, in turn, will contribute to strengthening the rule of law in Ukraine. In conclusion, the features of control over the activities of bar self-governance bodies are established as follows: targeted influence - ensuring compliance with and enforcement of legislation by bar self-governance bodies, avoiding violations, providing organizational and practical support; object of control: activities of bar self-governance bodies; nature of control - both internal and external, carried out by the bar self-governance bodies themselves on a self-regulatory basis and by specially authorized state control entities; specificity of goals, functions, and tasks; peculiarities in the forms and methods of control activities. [ABSTRACT FROM AUTHOR]

The article is devoted to the issues of implementation of administrative liability for driving a vehicle while intoxicated. The author makes a thesis that there is a high level of road traffic injuries as a result of road accidents in Ukraine and a low level of road safety. One of the reasons for this state of road accidents is the commission of road traffic accidents while intoxicated, which is a consequence of the low culture of domestic drivers and a sense of impunity, as such offences are becoming the norm and have become commonplace. It is argued that an important aspect of successful implementation of the State policy in the field of road safety is the ability of the national judicial system to fulfil its tasks of ensuring the inevitability of liability for committed road traffic offences. However, there are a number of factors (determinants) which prevent the courts from successfully performing their functions. Attention is drawn to the annual increase in the workload of the judicial system of Ukraine. The increase in vacant positions due to the dismissal of judges has a negative impact on the quality and quantity of cases considered, as well as on the overall duration of the process in the direction of its delay. The author provides statistical data showing an increase in the number of cases submitted to judges, which confirms the first thesis. The author emphasises the obsolescence of the current legislation on administrative liability and the existence of a significant number of shortcomings and gaps which require immediate response. The author supports the position that the latter significantly contributes to corruption among representatives of the judiciary. The author emphasises the typical mistakes made by police officers in the preparation of administrative offence case files, which significantly affect the final court decision, and as a result, the allegedly guilty person in drunk driving escapes liability altogether. The author provides an example of a common violation committed by police officers in the course of the procedure for bringing a driver to administrative responsibility. The author makes a conclusion about the organisational, regulatory and managerial determinants which lead to impunity of motor vehicle drivers. [ABSTRACT FROM AUTHOR]

It is indicated that a significant number of scientific works are devoted to the issue of determining the direct object of concealment of an offense, for example, provided for in Article 396 of the Criminal Code of Ukraine, which have developed in the modern doctrine of criminal law. However, research in the field of the role of the judiciary in determining the qualification as well as in making court decisions/resolutions on establishing the signs of concealment of an offense and its qualification is quite relevant despite the existing regulatory legal acts. The role of the Judiciary in determining and developing the issue of Concealing administrative offenses committed by public officials and civil servants is a significant part of the research within the context of Ukraine's legal system. Modern society, in which state institutions play a key role in ensuring public order and upholding legality, cannot function without an effective mechanism for controlling the actions of public officials. Administrative offenses committed by such individuals undermine the principles of transparency and accountability of state authorities, which are the foundation of the rule of law. In this regard, the Judiciary acts not only as a tool for adjudicating cases but also as a guarantor of Justice and a mechanism for ensuring compliance with the law. A public official is any individual holding a position in a government body or local self-government body, authorized according to the law and/or based on the internal regulatory acts of the Governmental agency. They are the direct bearers and executors of powers. One of the key issues before the courts is determining the subject of the offense and the incrimination of the violation. Judges, when considering cases of administrative offenses, must assess the presence of evidence confirming the Concealment of the offense and clarify the motives guiding the public official. Judicial practice, in this context, helps not only in resolving specific cases but also in shaping general approaches to the interpretation of Legal norms concerning admi nistrative offenses. The authors conclude that the concealment of a crime by officials and civil servants encroaches on public relations, which must be clearly distinguished by the category of the subject of the crime. The very fact of official negligence, the phenomenon of concealing an offense entails consequences that can lead to harm to the state and society, therefore we consider it appropriate to incriminate such activities and qualify them as a separate criminal offense, provided for in Article 396 of the Criminal Code of Ukraine, by supplementing it with a new paragraph, which would provide for specific liability for concealing offenses by officials and civil servants according to the severity of the crime committed. [ABSTRACT FROM AUTHOR]

The article examines the key methodological aspects of Ukraine's foreign criminal and legal policy. In modern conditions of globalization, crime is increasingly becoming transnational in nature, which requires effective interaction of the state with international institutions. The author analyzes the role of scientific methods, such as dialectical, comparative law, historical, formal-legal, statistical and sociological, in the study of this issue. Foreign criminal and legal policy is considered as a multifaceted system that combines legal, political and international aspects to combat crime. The importance of harmonizing national legislation with international standards is emphasized, as well as the need for a critical review of traditional methodological approaches to ensure effective integration into the international legal space. The importance of methodology for the study of legal phenomena, its influence on the formation and implementation of foreign criminal and legal policy as a component of the general legal policy of the state is revealed. The author emphasizes the need to revise traditional research methods, which are based mainly on a formal-legal approach that does not take into account dynamic changes in the global legal environment. It is noted that improving the methodological tools will contribute to the harmonization of the national legal system with international standards, strengthening the international authority of Ukraine, as well as increasing the effectiveness of the fight against crim e. The results of the study are aimed at improving the mechanisms of international cooperation of Ukraine, adapting the legal system to modern challenges and ensuring the sustainable development of the rule of law. Thus, the study of methodological aspects of Ukraine's foreign criminal law policy not only deepens the scientific understanding of this area, but also forms the foundation for creating an effective strategy for international interaction adapted to the modern challenges of globalization. Particular attention is paid to the importance of implementing independent methodological reflection as a means of adapting national legal policy to international standards. Emphasis is placed on the importance of integrating criminal law norms of Ukraine into the international legal space. The author emphasizes that deepening methodological knowledge and developing new approaches will ensure the effective coexistence of national and international legal system s, contributing to their harmonization. [ABSTRACT FROM AUTHOR]