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This article discusses the unique challenges which face LGBTQ+ individuals and couples in estate planning. It covers the history of marriage equality, including recent legislation; issues couples should consider when preparing for marriage; the various types of estate planning documents and special considerations for LGBTQ+ clients regarding these documents; issues related to LGBTQ+ couples who are parents; and including respectful language in legal documents. [ABSTRACT FROM AUTHOR]

It is noted that the concept of the presumption of innocence is a fundamental element of the modern legal system and a key principle of criminal law. According to this principle, every individual is considered innocent of committing an offense until their guilt is established in accordance with the law and confirmed by a court verdict. This principle serves a dual function: on the one hand, it ensures the protection of the rights of the accused, and on the other hand, it serves as a mechanism to deter potential abuses by state authorities. Thus, the presumption of innocence contributes to ensuring the fairness of the judicial process and strengthens public confidence in the le gal system as a whole. The article is devoted to the study of specific issues of the principle of presumption of innocence in the context of international criminal law. The author examines its enshrinement in international legal documents and application in the practice of international judi cial institutions. The paper analyzes certain aspects of the presumption of innocence, including its interpretation by the European Court of Human Rights as a fundamental principle of justice and a specific right of the accused. Particular attention is paid to the consideration of the presumption of innocence as an objective legal provision, rather than a subjective opinion of the partic ipants in the process. The author explores the differences in the formulation of the principle of presumption of innocence in various international documents and their impact on the procedures for applying and refuting this principle. Key decisions of the European Court of Human Rights that interpret and apply the relevant provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms are examined. The author emphasizes the importance of this principle as a guarantor of fairness and objectivity in international criminal justice. The work contains a review of scientific sources, demonstrating the complexity and multifaceted nature of the issue of presumption of innocence in international law. Based on the analysis conducted, there is a need for further research and adaptation of this principle to ensure its effectiveness in the context of the development of international criminal justice. [ABSTRACT FROM AUTHOR]

The article is devoted to analyzing threats to Ukraine's critical infrastructure. The relevance of the study is driven by the dangerous dynamics of threat levels that affect national security and the socioeconomic stability of the state under martial law. A review of the scientific literature revealed that there is currently no unified approach to the classification and assessment of such threats. Therefore, the article aims to analyze existing classifications of threats to critical infrastructure and propose an original classification of their manifestations on critical infrastructure objects under martial law, considering both international and national experiences. During the research, several tasks were accomplished: the essence of the term «threat to critical infrastructure» was defined; an analysis of legal documents related to the protection of critical infrastructure was conducted; domestic and international experiences in threat classification were studied; principles underlying both domestic and foreign classifications were reviewed and their effectiveness was assessed; and an original classification of threats to critical infrastructure for Ukraine was developed. The results of the study revealed that there are various classifications of threats to critical infrastructure today. However, in our opinion, the most effective classification that meets modern challenges is one that considers all forms of their manifestations: physical assaults, cyberattacks, economic sabotage, terrorist actions, and assaults using climate weapons. This classification of threats to Ukraine's critical infrastructure is developed based on international and domestic experience and is of great importance for enhancing national security, as its value lies in the systematization of theoretical knowledge and a deep analysis of modern threats facing the state. The main scientific value of the proposed classification lies in its ability to integrate different aspects of threats into a single classification that takes into account both internal and external factors. This allows for a more accurate risk assessment and the implementation of appropriate measures to protect national critical infrastructur e objects. [ABSTRACT FROM AUTHOR]

The article carries out a scientific analysis of the concept, characteristic features, types and mechanisms of providing administrative services in the field of social protection. The current state of the mechanism for the provision of social services in Ukraine and the prospects for reforming this sphere in the future are considered. It is noted that the legal provision of social services in Ukraine is based on several key legal acts and strategic documents. This is, in particular, the Law of Ukraine «On Social Services», which defines the basic principles, types, procedure of providing social services and is aimed at creating a competitive market of social services and ensuring their availability for all citizens. The strategy for the development of the social services system for the period until 2025 defines strategic directions and tasks for improving the quality of social services, including decentralization, standardization and quality monitoring. The legal provision of social services also includes a number of state social standards and guarantees established by laws and other normative legal acts, which standards determine the minimum amounts of social benefits, pensions and other types of social assistance. Social protection is characterized as a system of economic, social, legal, and organizational measures that provides able-bodied people and citizens with appropriate conditions for improving their well-being at the expense of personal labor contributions, and the disabled and socially vulnerable strata of the able-bodied population - guarantees in the use of public consumption funds, material support, tax reduction. Various approaches to the classification of administrative services of a social nature based on legislative and scientific-theoretical principles are highlighted. The mechanism for providing administrative services of a social nature is revealed. It has been established that administrative services are provided by subjects of administrative service provision directly and through centers for the provision of administrative services or through the Unified State Portal of Administrative Services. It is emphasized that reforming social services in Ukraine is an important direction of state policy aimed at improving the quality and availability of social services for c itizens. [ABSTRACT FROM AUTHOR]

The article examines the legal provision of volunteering in Ukraine. The problem of defining the forms of charitable activity is being studied, because consensus among scientists has not yet been reached regarding their scope. It is established that the Law of Ukraine «On Charitable Activities and Charitable Organizations» dated 07/05/2012 No. 5073-VI does not establish the forms of charitable activity, although the term «form of charitable activity» appears in ot her legislative acts. It is proven that volunteer activity is precisely the form of the latter. However, given the relatively recent adoption of a special law in this area -- the Law of Ukraine «On Volunteering» dated April 19, 2011 No. 3236-VI, it is still too early to assert the perfection of the legal framework. In addition, the legal provision of volunteering in special literature is insufficiently developed: individual problems are covered fragmentarily, there is no unity among scientists regarding the legal nature of this phenomenon. Based on the analysis of the legislative definition of the concept of volunteering and the study of the terms «non-profitability», «gratuitousness» and «selflessness», we propose to make changes to the definition enshrined in Art. 1 of the Law of Ukraine «On Volunteering», replacing «non-profit activity» with «selfless» in the definition of volunteer activity and «free» in the definition of volunteer assistance with «selfless». The experience of some foreign countries was also studied. The Law of the Republic of Moldova «On Volunteering» dated June 18, 2010 No. 121 and the Law of the Republic of Kazakhstan «On Volunteering» dated December 30, 2016 No. 42-VI ZRK were analyzed. Conclusions were made about the expediency for Ukraine to borrow some of the legislative de velopments. The work also concludes about the correlation between the concepts of charity and volunteer activity, namely that it is incorrect to equate them, because they are a whole and a part. It is also proposed, for clarity and to avoid unnecessary discussions, to supplement the Law of Ukraine «On Charitable Activities and Charitable Organizations» with a separate article with a list of forms of charitable activity, among which to enshrine volunteer activity. [ABSTRACT FROM AUTHOR]

The article is devoted to current issues of civil law, as well as Roman private law in Ukraine. The purpose of the article is to trace the influence of Roman private law on the development of civil law. In the course of the research, a number of general scientific and special methods of cognition were used, including: historical, dialectical, comparative-legal, logical analysis, formal-legal and other methods. Our legal culture has received Roman law, which became the basis for civil law and is still reflected in modern Ukrainian legislation. In the course of the study, it was established that the Civil Code of Ukraine contains articles that are evidence of both direct and indirect reception. Direct reception occurs when the ideas and provisions of Roman private law are transmitted directly from the primary sources of Ancient Roman law. Indirect (derivative) reception occurred when Roman legal ideas and legal solutions were borrowed not directly from primary sources, but through those legal systems where reception had occurred earlier. That is, indirect reception is the perception of the law of other states where this process has already taken place, and not directly through the primary source. We can affirm the successful reception of Roman law in Ukraine through the basic principles of law, moral and social values, which became the basis of the legal provisions of Roman law and the achievements of human social culture. Therefore, the achievements of Roman law are not only in the formation of civil law in Ukraine, but also in the ability to expand legal thinking and respect for law as a value and the main achievement of society. It can be unequivocally stated that civil law, being part of the Romano-Germanic legal system, is a reproduction of Roman private law, which on the one hand, through centuries-old transformation, has acquired a corresponding theoretical content and remains unchanged and relevant to this day. The conclusions obtained during the study of the influence of Roman private law on the development of civil law as a whole develop both the theory of civil law and the philosophy of law and serve as a subject for further research on the genesis of civil law institutions, the origin and essence of most legal norms in Ukrainian civil law. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the main areas of research on the constitutional principles of civil proceedings. The researcher addresses the issue more comprehensively and provides some factors that may affect the course of the study. The author analyses the areas which influence the study of the constitutional principles of civil justice. In particular, the author emphasises the trend towards the fundamentalisation of human rights and freedoms. It should be noted that they began to form most clearly immediately after the end of the Second World War when the former liberal ideas underlying the existing legal order were replaced by new values, which became human rights and freedoms. The author proves that only democratic legal procedures and respect for human rights and liberties can be the basis for the activities of modern states and be applied to the judiciary and civil proceedings. The author suggests that numerous international legal documents reflecting the state of development, changes and consolidation of human rights and freedoms, in particular, those which form the model of civil proceedings, are a promising area for analysis. The author argues that the legal phenomenon of the rule of law has a more significant impact than the legislator gives it. The author explains its defining and essential importance for the system of principles, which is a necessary direction for studying the constitutional principles of civil justice. In addition, the author believes that the stage of reform and adaptation which Ukrainian legislation is undergoing as part of its approximation to the EU legislation is important as one of the next areas of research. The impact of constitutional provisions on justice is also significant. The article examines the impact of the Constitution of Ukraine on sectoral legislation and its significance for establishing the scope of civil justice. The article analyses the importance of the rule of law for legislative and law enforcement activities. The author proves the necessity of referring to the category of a system of principles because of their legislative consolidation. The author focuses on the importance of developing clear criteria for classifying a provision as a principle of civil procedure. The author emphasises the need for critical analysis and study of judicial practice to research the constitutional principles of civil procedure. [ABSTRACT FROM AUTHOR]

The purpose of this article is to continue the analysis of Ukrainian legislation and international acts that regulate or affect the process of regulating basic human rights and freedoms in Ukraine’s education field. The conduct of this study is due to the activities of the Cabinet of Ministers of Ukraine and the Ministry of Education and Science of Ukraine in 2024, which intervened directly during the admission process of students to higher educational institutions during the 2024 admission campaign. The mentioned aspects especially affected the education seekers who declared their desire to study full-time and on a paid basis in graduate school to obtain the third (educational and scientific) level of higher education. Regarding the above, it became necessary to legally examine the observance of basic human rights and freedoms when conducting the admission process under martial law along with implementing and regulating educational activities. In particular, the article examines the main conditions and guarantees of equality of rights of education seekers when enrolling in educational institutions. Additionally, the study underlines the main legal provisions on the human right to safety and dignity, which shall be observed during the admission campaign and when carrying out educational activities in conditions of military emergency as well as in conditions of economic crisis. At the same time, special attention is focused on the need to establish different admission conditions and study conditions for free education and paid education recipients. In addition, the authors analyze the legislation of Ukraine regarding the possibility of using the factor of knowledge of foreign languages as a condition for admission to institutions of higher education, both in the general context and taking into account the specifics of the education received by the student. Thus, this article is the third article from the cycle of research and contains the results of a legal study of the principle of equal rights in the field of education, the principle of safety and human dignity in education, in particular, during the period of military emergency in Ukraine, as well as the principle of Ukrainian-language education in Ukraine. [ABSTRACT FROM AUTHOR]

In the modern legal system, legal structures play an important role in ensuring effective enforcement of both substantive and procedural law. That is why the author has selected an appropriate source (scientific and normative) base, and has formed the goal and objectives that fully reveal the subject matter of the study. The author emphasizes that substantive law regulates basic social relations by establishing the rights and obligations of subjects, while procedural law provides mechanisms for their actual implementation and protection. Legal constructions are a legal instrument which allows to organize legal provisions, ensuring their clarity, universality and unambiguous implementation. In addition, the author examines the internal construction of a legal provision and a legal prescription, and the correlation of these legal phenomena. The author emphasizes such an important characteristic of the legal construction of a legal provision as a genetic link, which is used to further form legal institutions, sub-branches and branches of substantive and procedural law. The article focuses on the analysis of the role of legal constructions of substantive and procedural rules of law in the process of law enforcement. The author separately considers the issues of their creation, application and impact on the efficiency of legal regulation. The author examines the interaction of substantive and procedural law through the prism of legal constructions of legal norms, which allows identifying key aspects of their systemic effect in the legal system. The work contains examples from the current legislation, in particular, the Civil, Civil Procedure Codes of Ukraine and other legal acts. The author examines the case law which demonstrates the practical value of the issue raised and the need for proper construction of legal provisions at the stage of law-making, which results in their further implementation. The author characterizes the impact of legal constructions on legal practice and their role in ensuring legal stability and predictability. Based on the study, the relevant conclusions were formed. [ABSTRACT FROM AUTHOR]

The article examines the peculiarities of language and style of a legal act in the context of studying Article 35 of the Law of Ukraine «On Lawmaking». It is determined that compliance by public authorities and local self-government bodies with the basic requirements for drafting and adopting regulatory legal acts is an integral part of an effective lawmaking process in Ukraine. In our opinion, the requirements to the language and style of a legal act are also important, since lawyers-drafters should have additional knowledge in this area, in particular, the linguistic features of writing legal norms. The author`s conclude that the issue of language aspects of legal drafting is relevant because the use of clearly defined and prescribed legal terms not only avoids ambiguity and different understandings, but also ensures the accuracy and unambiguity of the law’s interpretation. Therefore, a law should be written in a language that is understandable to everyone, but it should also use legal terminology to avoid misunderstandings and misinterpretations. It is noted that the Law of Ukraine «On Lawmaking» in Article 35 defines the basic rules of text presentation and peculiarities of the style of a legal act. However, for lawyers, the linguistic aspects of writing a legal provision are not always clear, so it is necessary to analyse in more detail the requirements of the law regarding the language of a legal document and to highlight the general principles of using terms and linguistic rules in the legal sphere. The author`s identify problems in the implementation of the provisions of Article 34 of the Law, in particular: 1) the lack of developed and adopted standards of Ukrainian legal terminology, which creates difficulties in the construction of legal norms; 2) the absence of a separate linguistic department which would deal with proofreading of draft legal documents, both in the Verkhovna Rada of Ukraine and in other state and non-state structures; 3) the absence of a Unified Glossary of Legal Terms, which also affects terminological consistency in the drafting of a legal document. [ABSTRACT FROM AUTHOR]

The article analyses logic as an element of legal reasoning and its application in the process of drafting legal documents. Mastering the art of drafting legal documents is an invaluable skill in the professional legal activity of representatives of various legal professions, which can ensure their comprehensibility and clarity, and accordingly, the proper protection of rights. An integral part of this skill is logic as an element of legal reasoning, the correctness of its application. Representatives of various legal professions, whose work is related to legal norms and the drafting of legal documents, refer to elementary rules of logic. Legal reasoning related to the interpretation of normative legal acts and their application to cases, during the evaluation of evidence and making final decisions, which are reflected in legal documentation, is an important means of achieving the rule of law. Due to the special legal thinking, lawyers get the ability to consider any thing from a concrete and not an abstract point of view. Every successful lawyer must be well versed in the laws of formal and informal logic, the rules of operating concepts, judgments, and inferences. Logic is the science of how we should reason if our goal is to discover truth. Neglecting the laws of formal logic in the process of drafting legal documents (identity, contradiction, excluded third party and sufficient grounds) leads to errors. The lack of necessary skills can manifest itself in the composition of the text of legal documents in the form of errors, which, in turn, can cause serious consequences in the form of violations of human rights and freedoms and, as a result, the principle of the rule of law. Knowledge of formal and informal logic, the peculiarities of its application, will contribute to the development of the skills of correct and effective legal reasoning, which will master the art of drafting legal documents -- an invaluable skill in the professional legal activity of representatives of various legal professions, which is the unconditional foundation of the observance of human rights and freedoms in our state, as well as implementation of the rule of law principle. [ABSTRACT FROM AUTHOR]

The article analyses the reasons and potential consequences of the abolition of the Commercial Code of Ukraine. It is noted that the Ukrainian legal system, like any other, must adapt to changes in society. Among the key factors influencing the need for changes are European integration processes and the consequences of the Russian-Ukrainian war. It also highlights internal problems and contradictions between different legislative acts that need to be resolved. The Commercial Code of Ukraine was adopted in 2003 to regulate economic relations between business entities and public authorities. It consisted of nine chapters covering various aspects of economic activity. Over time, shortcomings of the Code were identified, such as fragmentation of legal provisions and conflicts of consistency with other legislative acts. This necessitated its revision and improvement. It is emphasised that there are several approaches to solving the problem. Some experts believe that the contradictions between the Commercial and Civil Codes can only be resolved by cancelling the Commercial Code. Others are convinced that the Code can be modernised by removing contradictory provisions and harmonising it with other legislation. The abolition of the Commercial Code may lead to significant changes in the legal framework, create a period of legal uncertainty and cause problems for legal entities engaged in economic activity. However, it may also help to simplify the legal regulation of economic relations, making it more transparent and understandable for business entities in other societies. This can create the basis for the development of the business sector and attract investment to our country. It is important to carefully prepare for the abolition of the Commercial Code, ensure a smooth transition to the new legal framework and minimise possible risks to Ukraine’s economy and legal system. [ABSTRACT FROM AUTHOR]

It is indicated in a legal state, regulation of interaction between members of society, coordination of their interests and smoothing of conflicts arising between them and their associations is unthinkable without law. With the help of the influence of law on social relations, it is possible to order and regulate them in a civilized manner. In the sphere of achieving a state of security, the law allows you to set the limits of what is permitted, to determine the obligations and prohibitions in the behavior of the relevant subjects. Due to regulatory legal regulation, security receives a unique meaning that determines the final goal of its provision, connects it with national priorities and interests of each legal entity, preventing blurring of the understanding of the essential characteristics of the basic category «national security» and its derivatives. The conducted scientific analysis of the legal regulation of the economic security system of Ukraine made it possible to conclude that it has a complex and multifaceted nature, that is, it involves the creation of a complex of legal, economic and administrative-organizational mechanisms aimed at ensuring the rights of citizens and other subjects of economic activity to protect private property, economic freedom and unimpeded implementation of economic and other economic activities. It is pointed out that the state should implement the appropriate organizational and legal provision of economic security of Ukraine, aimed at increasing the investment attractiveness of the country, eliminating offenses in the economic sphere. The analysis of regulatory legal acts made it possible to single out the following shortcomings of the legal provision of economic security of Ukraine: complexity, vagueness and inconsistency of individual legislative norms, ambiguous interpretation in their application; inconsistency between developers and lack of system of legal acts regulating economic security. It was concluded that the presence of such shortcomings indicates the need to modify approaches to the formation of legal support for the economic security of the state, to make changes to the current legislation. [ABSTRACT FROM AUTHOR]

The article focuses on the growing role and importance of socially responsible business behavior. This is associated with a number of factors, such as the increasing ethical consciousness of society, the growing impact of business on the environment and people’s lives, and intensified competition in the market. It is noted that socially responsible business behavior involves respect for human rights, environmental protection, investment in human capital, and the fight against corruption. The purpose of the article is to explore and substantiate the ways to stimulate business towards socially responsible and respect human rights in the economic sphere. This goal is realized in the article by solving the following research tasks: the author analyzes the concept and essence of socially responsible business behavior and respect for human rights in international legal documents; defines the basic principles of socially responsible business behavior; studies the factors influencing the incentives for business towards socially responsible behavior; and develops and substantiates a complex of measures to stimulate business towards socially responsible behavior and respect for human rights. The author explores the role of business in society and the need to take into account social and ethical aspects in its activities. The author analyzes the impact of socially responsible behavior of business entities on economic development and positive impact on society as a whole. The expected results of the proposed measures are determined. The general conclusion of the article is that socially responsible business behavior and respect for human rights in the economic sphere are important components of sustainable development in modern society. Specific recommendations are proposed for enterprises to engage in these processes and maximize their social impact. The results of this study can be used to develop and implement state policy in the field of stimulating socially responsible business behavior, as well as for self-improvement of business entities. [ABSTRACT FROM AUTHOR]

This paper explores the participation and engagement of ethnic groups and minorities in Kosovo’s political and institutional life during the post-war period (after 1999) and the post-independence phase (after 2008). The involvement of minorities in Kosovo’s institutional framework is grounded in the concept of a multiethnic state, with constitutional and legal provisions ensuring their rights. These provisions enable minorities to participate in all areas of state activity within the Republic of Kosovo. The paper addresses how circumstances and opportunities for participation have evolved, the challenges, threats, and risks faced, and what legislative measures have been enacted to ensure the political and institutional representation of ethnic groups and minorities. [ABSTRACT FROM AUTHOR]

This paper examines the current status of China's legislation on safeguarding sovereignty and security, resource security, navigation security, ecological security, and regulating law enforcement and judicial activities, and summarizes the characteristics of existing marine security legislation. This paper utilizes literature analysis and comparative analysis methods, under China's Overall National Security Outlook, this paper proposes a path of improvement by consolidating marine-related norms, promoting the formulation of a basic law on the seas, refining the legal provisions on marine security, improving the marine data classification and grading system and safeguarding marine data security, and pushing forward the reform of the adjudication mechanism of the maritime courts to enhance the ability to actively safeguard the rights and interests of the oceans and seas through the use of the rule of law. [ABSTRACT FROM AUTHOR]

This text is a personal essay written by Dana Lloyd, reflecting on her experiences and struggles as an academic writer. She explores the concept of positionality and the challenges of finding her own voice in her academic work. Lloyd also discusses the controversial figure of anthropologist Alfred Kroeber and his treatment of Indigenous peoples. She contemplates the importance of imagination and the need to transcend boundaries in academic writing. Ultimately, Lloyd reflects on her own journey to find her voice and the impact of her father's absence on her identity. [Extracted from the article]

This article explores the author's personal journey from studying the TMT dispute on Mauna Kea to becoming an advocate for the Native Hawaiian community. It highlights the value of engaged scholarship, which involves building relationships with communities and participating in advocacy efforts. The author emphasizes the importance of community-led decision-making and the need for scholars to navigate the complexities of advocacy while maintaining scholarly integrity. The text also discusses the author's involvement in a project to create toolkits based on the UN Declaration on the Rights of Indigenous Peoples for Indigenous communities, and reflects on the lessons learned from their experiences. [Extracted from the article]

The surge in visibility of human rights abuses within the seafood supply chain has propelled scrutiny into the sustainability of global fisheries, leading to heightened interest in the social performance of seafood companies and questioning the obligations of States in upholding human rights under international law. This review aims to bring clarity on where responsibility for ensuring compliance with human rights law lies within the context of the fishing industry. It provides a comprehensive analysis of international legal provisions related to the human rights of fishers, derived from both treaty law and State practice. To effectively address human rights and labor abuses, a transformative approach that prioritizes the wellbeing of workers over profit is needed, involving the implementation of participatory strategies, empowering workers and the cultivation of shared responsibility. Despite the proactive role played by the private sector in developing global standards, the review uncovers inherent limitations in relying solely on certifications for comprehensive human rights protection. The study concludes that international human right law unequivocally applies to fishers, with States primarily responsible for enforcement. As enforcement remains a challenge in the maritime context, particularly on the high seas, the burden for solutions should rest on a collaborative effort within the international arena to ensure a sustainable and ethical future for global seafood. [ABSTRACT FROM AUTHOR]

Copyright of Revista Ciência & Saúde Coletiva is the property of Associacao Brasileira de Pos-Graduacao em Saude Coletiva 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.)

This article challenges the conventional dating of Shakespeare's plays and presents evidence to support earlier dates for The Merchant of Venice, Hamlet, and The Tempest. It discusses the difficulties of determining dates based on publication and performance records and suggests that the plays may have been written for court performances. The text explores various allusions and potential influences on Shakespeare's plays, including references to other works and the possibility of Oxford being the true author. It also examines the presence and influence of Hamlet in Elizabethan literature and discusses connections between different plays. Additionally, the article explores the potential influence of other playwrights on Shakespeare's works, such as George Chapman, Ben Jonson, and John Marston's play "Eastward Ho!" The author argues for a reevaluation of the chronology of Shakespeare's plays based on these allusions and influences. [Extracted from the article]

[Purpose] The threat of cyber-attacks is very acute. The purpose of this paper is to examine the need of the amendment of rules of international law required for the cyber resilient enterprise. [Methodology] This paper proposes a novel approach investigating whether the amendment of rules of international law is required for the cyber resilient enterprise. The methodology of international legal research and analysis of data is applied. [Findings] The analyses in this paper show the impact of the cyber security on the shipping industry. The proposals of documents on cyber security and recommendations for maritime cyber risk management are discussed. [Practical Implications] This study is useful for practitioners to consider and evaluate the cyber security. This study is useful for graduate students as well. [Originality] Although some research is being conducted in this area, maritime cybersecurity has not been deeply investigated. This paper presents a detailed analysis of legal documents and research published in international studies on the law of cyber security for maritime industry highlighting security problems and challenges. [ABSTRACT FROM AUTHOR]

In the past, the rule of law was largely overlooked by sociologists and other social scientists. However, recent years have seen an increasing number of empirical studies of the rule of law. I survey that diverse literature and identify three generations of empirical research, each based on a different approach: (a) the rule of law in action, (b) the rule of law index, and (c) the living rule of law. These studies give us a detailed, but often sobering, view of the rule of law in the real world. I critically review the emerging field and discuss challenges for future research. Developing a more coherent social science of the rule of law is important because it helps us to understand that the rule of law is defined not only by formal institutions and legal documents but also by the place of law in people's everyday lives. [ABSTRACT FROM AUTHOR]

The article focuses on the evolution of legal writing in the context of emerging technologies, particularly artificial intelligence (AI), which is revolutionizing how legal professionals craft persuasive arguments. Topics include the significance of Aristotle's principles of persuasion in legal writing, the importance of adopting a growth mindset and learning from established legal writers, and the practical application of AI tools to enhance clarity and effectiveness in legal documents.

Copyright of Revista Praxis & Saber is the property of Universidad Pedagogica y Tecnologica 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.)

Nodaways, diverse artificial intelligence techniques have been applied to analyse datasets in the legal domain. Precisely, several studies aim at predicting the decision to help the competent authority resolve a specific legal process. However, AI-based prediction algorithms are usually black-box, and explaining why the algorithm predicted a label remains challenging. Therefore, this paper proposes a 5-step methodology for analysing legal documents from the agency responsible for resolving administrative sanction procedures related to consumer protection. Our methodology starts with corpus collection, pre-processing, and TF vectorisation. Later, fifteen machine and deep learning algorithms were tested, and the best-performing one was selected based on quality metrics. Interpretability is emphasised, with the SHAP scores used to explain predictions. The results show that our methodology contributes to the understanding the decisive influence of legal terms and their connection to the decision made by the competent authority. By providing tools for legal professionals to make more informed decisions, develop effective legal strategies, and ensure fairness and transparency in the legal decision-making process, this methodology has broad implications for various legal areas beyond disputes, including administrative procedures like bankruptcies and unfair competition. [ABSTRACT FROM AUTHOR]

The large volume of court decision documents in Indonesia poses a challenge for researchers to assist legal practitioners in extracting useful information from the documents. This information can also benefit the general public by improving legal transparency, law enforcement, and people's understanding of the law implementation in Indonesia. A natural language processing task that extracts important information from a document is called named entity recognition (NER). In this study, the NER task is applied to legal domains, which is then referred to as legal entity recognition (LER) task. In this task, some important legal entities, such as judges, prosecutors, and advocates, are extracted from the decision documents. A new Indonesian LER dataset is built, called IndoLER data, consisting of approximately 1K decision documents with 20 types of finegrained legal entities. Then, the transformer-based models, such as multilingual bidirectional encoder representations from transformers (BERT) or M-BERT, Indonesian BERT or IndoBERT, Indonesian robustly optimized BERT pretraining approach (RoBERTa) or IndoRoBERTa, XLM (cross lingual language model)-RoBERTa or XLMR, are proposed to solve the Indonesian LER task using this dataset. Our experimental results show that the RoBERTa-based models, such as XLM-R and IndoRoBERTa, can outperform the state-of-the-art deep-learning baselines using BiLSTM (bidirectional long short-term memory) and BiLSTM-conditional random field (BiLSTM-CRF) approaches by 7.2% to 7.9% and 2.1% to 2.6%, respectively. XLM-RoBERTa is shown to be the best-performing model, achieving the F1-score of 0.9295. [ABSTRACT FROM AUTHOR]

Objective Methods Results Conclusion In Japan, amidst insufficient legal provisions and governmental support, in 2010, the first rape crisis center, the Sexual Assault Crisis Healing Intervention Center Osaka (SACHICO) was established. We compared SACHICO visitor data from 2010 to 2021 with National Police Agency statistics to clarify the current situation of sexual assault victims in Japan and considered future issues for Japan to address.This study was a cross‐sectional study that analyzed the data described below. All visitations to SACHICO between April 2010 and December 2021 were considered targets for data totaling. Data on crime statistics were gathered from the official governmental statistics portal site.A total of 12 036 visitations occurred, of which 3189 were first‐time consultations; 3100 initial medical examinations were conducted, and no medical examination was conducted in the remaining 89 cases (2.7%). The number of initial medical examinations increased 3.7 times from 2010 to 2021. Victims under the age of 19 comprised 60% of the total number of initial medical examinations (1863/3100). The reporting rate for all 3100 initial medical examinations was only 31.3% (969/3100) of the cases. The proportion of forcible sexual intercourse versus forcible indecency were the converse of those observed among acknowledged cases nationwide and in Osaka Prefecture. For several years, the number of initial medical consultations at SACHICO has exceeded that of acknowledged cases in Osaka Prefecture.Support for victims of sexual assault in Japan is still insufficient. It is necessary to strengthen the system of rape crisis centers system to realize an unbroken chain of support for victims. [ABSTRACT FROM AUTHOR]

This article examines the legal challenges of Cambodia's intellectual property rights in the context of Southeast Asia. Despite significant progress in adopting legal frameworks in line with international standards, Cambodia's IP system still needs to develop compared to that of other ASEAN countries. This study focuses on Cambodia's commitment to the implementation of the WTO and ASEAN obligations and details the legal provisions for trademarks, copyrights and patents. This section highlights issues such as the complexity of trademark registration procedures, restrictions on the application of IP rights and the absence of comprehensive legislation in emerging IP categories. Furthermore, it examines the effectiveness of dispute settlement mechanisms and the role of national institutions such as the National Commercial Arbitration Center (NCAC). The findings highlight the need for continuous legal reforms to promote a strong intellectual property environment, attract foreign investment and support Cambodia's economic growth. [ABSTRACT FROM AUTHOR]

In order to speed up the purchases of essential products and services required by the public administration to tackle the sanitary crisis caused by COVID-19, the Brazilian federal government enacted laws No. 13,979 and No. 14,035 in 2020, exempting such items from the procurement process. This research aimed to investigate the impact of the flexibility in Brazilian law on government bids. For this purpose, a database composed of items acquired between January 2019 and December 2020 was built, and the empirical strategy was based on Difference-in-Differences models. The results indicate that the effect of this legal provision on the price of potentially affected items was an increase of approximately 5%. Some explanations for this price increase are due to the pressure of demand, changes in the strategic planning of companies and in the way they allocate their workers, which affect the costs of these companies. [ABSTRACT FROM AUTHOR]

The article applies the method of historical research, using a temporal perspective dating back to 1985, to trace the evolution of market valuation principles for real estate in Poland. These principles evolved similarly to those in many other post-socialist countries, influenced by political and socio-economic transformations and the resulting list of objectives for which these values became essential. The changing legal regulations allowing for the emergence and development of a free real estate market played a decisive role in this process. It was also a period of preparing real estate valuation professionals to meet these requirements. Today, the methodology of valuation, under increasing pressure from various real estate market entities and the rapid advancement of intelligent data collection and processing technologies, is undergoing further evolution. In many countries, including Poland, lively discussions and disputes are ongoing regarding the legal authorization of statistical tools and automated valuation models in valuation practice. These possibilities are being considered particularly in the context of mass property valuations for tax purposes. The methodology involves the analysis of Polish legal provisions, foreign literature, and documents proving the gradual marketization of valuation principles. [ABSTRACT FROM AUTHOR]

This paper examines the extrajudicial use of legal norms by activists. It aims to show how law serves as a useful symbolic resource for activists to strengthen their strategies for political pressure outside the courts. It does this through a qualitative investigation of six citizen debt audit groups from three European countries (France, Belgium, and Spain). Based on an analysis of legal provisions mobilised by activists in public documents, when addressing decision-makers, and in interviews, we identify several common uses of the law: the 'legal call to order'; the 'contradiction game between norms of the same legal order'; the 'call to derogation of certain norms'; and, the 'call to produce new norms'. This work is a valuable contribution to legal consciousness studies. We assert that activists have a complex legal consciousness, being neither completely enchanted ('before the law'), nor completely withdrawn ('against the law'). In their political interventions, the citizen audit groups under study rely on certain legal norms that they consider legitimate to make claims, while they seek to disqualify others of the same legal order. One can thus contest positive law without being against the law per se. [ABSTRACT FROM AUTHOR]

In the seventeenth century, missionaries in China translated a vast array of Chinese works, including classics, official histories, and legal documents. Their translations have been analysed through several perspectives, yet their use of Chinese dictionaries has been largely overlooked. In the context of the Rites Controversy, between the Jesuits on one side and the Dominican and Franciscan friars on the other, precise references to authoritative Chinese dictionaries were made to corroborate their interpretation of Chinese rituals as either religious or secular. This article first describes why and how missionaries started from the early beginning of the mission in the 1580s to write their own bilingual dictionaries based on existing Western and Chinese dictionaries. Then, it considers how the same dictionaries became an important reference when the Rites Controversy erupted in the 1630s. Based on manuscript and printed documents written until 1670, three Chinese characters which became the focus of competing interpretations are discussed: miao as temple versus hall, ji as sacrifice versus offering, and sheng as prophet versus wise man. Besides the problem of biased translations on both sides, we shall show that there was a more fundamental reason which prevented the missionaries from settling their controversy using dictionaries. [ABSTRACT FROM AUTHOR]

The introduction of AI in various sectors most especially robotic lawyers in the legal system by some developed countries, has made tasks seamlessly achievable. Uganda has also had its fair share and benefits from the use of AI in various sectors, including the legal sector as it concerns virtual proceedings and virtual meetings. Although, the trending concept of robotic lawyers seems to enhance legal practice, however, the Uganda legal and socio-economic nomenclature, seem to pose restrictions. Concerning this, the study examines the legal and socio-economic issues concerning robotic lawyers practicing in Uganda. The study adopts a doctrinal method, data obtained from primary and secondary sources of material were analyse through a descriptive and analytical approach. The study found that the incorporating of robotic lawyers in Uganda, will provides several prospects. However, there are legal and socio-economic challenges, such as non-legal recognition, and challenges of maintaining and updating robotic lawyers, and it may result in a high level of unemployment. The study concludes and recommends that the concept of robotic lawyers is a welcome development. However, could incorporate robotic lawyers as a means of consultation for legal advice, storage of information, drafting of legal documents, and predicting and analysing legal outcomes. [ABSTRACT FROM AUTHOR]

In the first part of the study, it was conceptualized the freedom of will, with reference to several doctrinal definitions regarding contractual freedom, but which are all located in the essence of the same coordinates. The legal will included in the concept of contract compliance with public order and good morals is not autonomous in relation to the law, which draws its limits, so that the obligational relations of the parties concerning the realization of their concordant interests are included in the requirement of an order and a balance at social level. The binding force of the contract, as the law of the parties, is transposed by its irrevocability towards the parties, as well as towards the judge, even if indirectly, in the interpretive process of the clauses of the contract, he can proceed to reorganize the contract. The freedom of the parties in establishing the content of the contract finds its limit in their bond of solidarity, in the freely expressed will, put into discussion in the process of interpreting the contract and of clarifying its binding force in relation to the internal will, as a dimension of the legal will. The free manifestation of the will is placed in association with the principle of relativity of the effects of the contract, the scope of operation of which is restricted to the contracting parties. The broader approach to the freedom of will cannot be conceived outside of social determinism, identified by the legal order, the national and community public order and the good morals. The provisions of the Civil Code are added to the legal provisions incorporated in the public order and to those of direction that tend to conduct and channel the contract, both being constituted into an economic policy instrument. The economic order of protection as a limitation of contractual freedom tends to defend the economically weaker contracting party and to restore the contractual balance (prevailing in the scope of consumer law). As a side of public order, the study analyzes the freedom of will in relation to the role of the contract, of the private norms, which include in their content the obligational and real relations, generated, modified and transferred thereby. The binding character of the contract is analyzed in the extended dimension, that which exceeds the scope of the contractual obligational nature. The private norm originating from the procedure specific to the legal act has a binding character, just like the objective norm, even if it is superseded by it. Conceived to address only the parties to the legal act, the private norm can be qualified as absolute by its bindingness, corresponding to the principle pacta sunt servanda, and relative in its specific obligativity towards third parties, in the form of opposability. Having its origin in the will guided by the interests of the parties, the private norm is legally validated by the legal order. The private norm that harmonizes individual interests with the legal order imposes its effectiveness through its binding and enforceable character towards those who generated it. The opposability of the private norm to third parties is justified by its assimilation to the objective legal order. The legal effects, recognized by the private norm in full accordance with the objective norm, confers legitimacy to the private interest expressed by the private norm without causing erga omnes effects. The norm of relativity of the contract effects and the principle of opposability make the distinction between the binding force of the legal act and its recognition as a social reality. At the end of the study it was analyzed the method of achieving the freedom of will in the contract with elements of extraneity, materialised in the method of identification and operation of the law chosen by the parties, lex voluntatis, as well as the conditions and limits of operation of this freedom. [ABSTRACT FROM AUTHOR]

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The mining industry is indispensable for development, and in developing countries like Ghana, it drives economic growth by generating revenue and creating job opportunities for millions of people. Nonetheless, irresponsible mining results in the deprivation of people's right to surface land, predominantly held under customary land tenure, with agriculture as the mainstay of livelihood. Mining activities have extensive repercussions for the land tenure system, resulting in the displacement of people, the loss of land rights, and reduced control and access to land. All these impact the economic, environmental, and social conditions of the people in the community. This systematic literature review thoroughly analyzes the impact of mining on land rights in Ghana, revealing complex dynamics, challenges, and possible remedies. To achieve this, 183 of an initial pool of 495 academic journals, research papers, books, reports, policies, and legal documents were critically reviewed. This research reveals the challenges faced by mining-induced communities because of the displacement which has resulted in the loss of ancestral lands and disruption to community life. The displacement is also coupled with economic disparities and social tension. Furthermore, the ripple effects of environmental degradation, such as deforestation, water pollution, noise, and air pollution, have dire consequences on land use and ownership, particularly for communities dependent on natural resources. This review brings to light various responses and effective strategies to mitigate the negative impacts of mining on land tenure in Ghana. These include community engagement strategies, corporate social responsibility initiatives, and legal reforms. This study reveals that mining compensation depends on the duration of the mining lease, therefore implying that the expropriated parties have reversionary interests in their lands. The procedure for giving the land back to the owner is not explicitly outlined in the law. This underscores the need for a review of the law governing mining, sustainable mining practices, and environmental management to safeguard the land tenure system. This review enlightens policymakers, researchers, mining enterprises, and local communities regarding the intricacies of this convergence, offering a foundation for well-informed decision making. It underscores the crucial importance of upholding sustainable development, social fairness, and responsible resource management within the framework of Ghana's diverse land tenure traditions. [ABSTRACT FROM AUTHOR]

Legal documents, like contracts or laws, are subject to interpretation. Different people can have different interpretations of the very same document. Large parts of judicial branches all over the world are concerned with settling disagreements that arise, in part, from these different interpretations. In this context, it only seems natural that during the annotation of legal machine learning data sets, disagreement, how to report it, and how to handle it should play an important role. This article presents an analysis of the current state-of-the-art in the annotation of legal machine learning data sets. The results of the analysis show that all of the analysed data sets remove all traces of disagreement, instead of trying to utilise the information that might be contained in conflicting annotations. Additionally, the publications introducing the data sets often do provide little information about the process that derives the "gold standard" from the initial annotations, often making it difficult to judge the reliability of the annotation process. Based on the state-of-the-art, the article provides easily implementable suggestions on how to improve the handling and reporting of disagreement in the annotation of legal machine learning data sets. [ABSTRACT FROM AUTHOR]

Access to legal information is fundamental to access to justice. Yet accessibility refers not only to making legal documents available to the public, but also rendering legal information comprehensible to them. A vexing problem in bringing legal information to the public is how to turn formal legal documents such as legislation and judgments, which are often highly technical, to easily navigable and comprehensible knowledge to those without legal education. In this study, we formulate a three-step approach for bringing legal knowledge to laypersons, tackling the issues of navigability and comprehensibility. First, we translate selected sections of the law into snippets (called CLIC-pages), each being a small piece of article that focuses on explaining certain technical legal concept in layperson's terms. Second, we construct a Legal Question Bank, which is a collection of legal questions whose answers can be found in the CLIC-pages. Third, we design an interactive CLIC Recommender. Given a user's verbal description of a legal situation that requires a legal solution, CRec interprets the user's input and shortlists questions from the question bank that are most likely relevant to the given legal situation and recommends their corresponding CLIC pages where relevant legal knowledge can be found. In this paper we focus on the technical aspects of creating an LQB. We show how large-scale pre-trained language models, such as GPT-3, can be used to generate legal questions. We compare machine-generated questions against human-composed questions and find that MGQs are more scalable, cost-effective, and more diversified, while HCQs are more precise. We also show a prototype of CRec and illustrate through an example how our 3-step approach effectively brings relevant legal knowledge to the public. [ABSTRACT FROM AUTHOR]

Despite the public availability of legal documents, there is a need for finding specific information contained in them, such as paragraphs, clauses, items and so on. With such support, users could find more specific information than only finding whole legal documents. Some research efforts have been made in this area, but there is still a lot to be done to have legal information available more easily to be found. Thus, due to the large number of published legal documents and the high degree of connectivity, simple access to the document is not enough. It is necessary to recover the related legal framework for a specific need. In other words, the retrieval of the set of legal documents and their parts related to a specific subject is necessary. Therefore, in this work, we present a proposal of a RDF-based graph to represent and search parts of legal documents, as the output of a set of terms that represents the pursued legal information. Such a proposal is well-grounded on an ontological view, which makes possible to describe the general structure of a legal system and the structure of legal documents, providing this way the grounds for the implementation of the proposed RDF graph in terms of the meaning of their parts and relationships. We posed several queries to retrieve parts of legal documents related to sets of words and the results were significant. [ABSTRACT FROM AUTHOR]

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The article discusses a ruling by the Austrian Supreme Court on the liability for copyright infringement by university lecturers acting in their official capacity. Topics include the official nature of educational activities, the non-liability of universities and professors for such infringements, and the federal government's role in addressing these issues.