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In Belarus the Belarusian-Russian bilingualism is legalized constitutionally and the existing language legal framework has a long-standing basis for civil agreement on the use and functioning of both state languages. However, in recent years there have appeared a number of negative phenomena aroused by certain shifts in the structure of the communicative interactions. This refers, in particular, to a recently defined offence of insult of the language. This phenomenon is new to the Belarusian linguistic-legal discourse and the interest in it predetermined the purpose of this research, namely, to study the phenomenon of insult of the language from the standpoint of modern Belarusian linguistic legal expertise. Materials and methods. The research is based on records of administrative offences that violate the language regulations. The methodological basis comprises the method of parameterization and the logical-linguistic, comparative and lexical-semantic analyzes. Results. The research carries out both the theoretical analysis of the phenomenon of insult of the language from the standpoint of linguistic expertise and the practical analysis of conflict-prone texts. Unlike personal insults, where the defining parameters are factfulness, attributiveness and non-normativity, insults of the language are only defined in legal practice by the parameter of attributiveness, i.e. by the presence of words in the remark that derogate the language and demean its status. The obtained results indicate that the Belarusian legislation system treats the language with a special regard. Firstly, acknowledgement of the fact that the language can suffer an insult proves its special role among other cultural artifacts. Secondly, the legal practice demonstrates respect for the language and regards it as a super entity that stands above the category of personality.

Immigration law is necessarily a comparative legal practice in at least three aspects: (i) comparing a would-be immigrant’s criminal history to the destination state’s criminal laws; (ii) comparing an immigrant’s diplomas and education to the destination state’s educational system; and (iii) comparing immigrants’ marriages and intimate relationships to domestic family law regimes. For all of these questions, the methodological dilemmas of comparative law are repeated within immigration law. This article is an overview of all the comparative methods used in North American immigration laws since the 1880s, for evaluating criminal records and intimate partnerships. The methods range from plain translations to complex systemic comparisons. Over the last 130 years, almost all methods had some, either good faith or strategic use; with the biggest transformations happening in the comparison of marriages. Effectively, private international law has been replaced by a separate “immigration marriage law,” which has globalized at astonishing speed.

Through an analysis of the early legal and institutional response to Covid-19 in Tunisia, this article demonstrates that the narrative of Tunisia's democratic exceptionalism following the 2011 revolution is not translated into a liberal legal practice but is instead upheld by an authoritarian rationale that serves the role of a formal channel that legitimizes power discourse. Specifically, this article focuses on what the state of exception, which was declared during the ongoing state of emergency, reveals about the various uses of law in Tunisia. It argues that the state of emergency has become the norm to the Tunisian way of governance post-2011, allowing for the survival of past authoritarian practices where the legal apparatus is used and deployed as a tool of policing and control. © 2021 Brill Academic Publishers. All rights reserved.

The scientific work is devoted to the research of law phenomenon such as princilple of reasonable time in criminal procedure. Author reserched legal reglamentation and realization of fundemental of reasonable time in Ukrainian criminal procedure through the judicial practice of the European court of human rights. The actuality of scientific research’s topic due to: 1) this princilple is a certain novel in national criminal procedure, that was introduced firstly in 2012 by Criminal procedure Codex; 2) in Ukraine there is a high level unrealization or direct violation of right to a fair trial within a reasonable time, that guaranteed by Article 6 of European Convention on Human Rights; 3) against the backdropof european integration processes in Ukraine there is exacerbated need to improve and reform the criminal procedure laws in order to supply legality, justice and anthropocentrism in judicial and investigative activity.The goal of this scientific research is analisis of national law reglamentation of princilple of reasonable time in criminal procedure laws, the level of its realization in national legal practice, main disadvantages its law supplement and ways to solve these problems. In addition, author paid attention to some theoretic aspects of the topic: the concept of princilple of reasonable time, definition of term and its differences between adjacent legal concepts, determination the begining and end of reasonable time and etc. Also author emphasized acute problems of violation the right to a fair trial, reserched the most important judgements of ECHR. Among such problems are failure to keep a reasonable time at the stage of court proceedings because of lack of its defined terms; incidents of perennial detention in intolerable conditions; crowd load in local general courts as a reason of protracted court proceedings. In addition author proposed alternative ways of solution of these problems: from estedlishment the officials’ disciplinary responsibility and the country’s duty to compensate an innocent person damage, done by detention to makind changes to criminal procedure laws.

The emergence of digital technologies contributed to the emergence and rapid development of digital commerce, and at the same time, the number of electronic payments, the use of digital and virtual currencies increased. The article presents an analysis of the legal nature of such a financial instrument as cryptocurrency, characterizes the distinctive features, highlights the advantages and disadvantages. The purpose of the work is to consider the regulatory legal position of cryptocurrency in the modern world, to highlight the legal practice in cases of the circulation of cryptocurrency, to study the role of cryptocurrency in transnational offenses, to explore possible options for combating cybercrime, which is carried out using the use of cryptocurrency. The methodology of the work is represented by a set of methods and techniques, operations that are used to study the topic and achieve the set goal, namely: hermeneutic, historical, extrapolation, comparative-legal, comparison and generalization, analysis, synthesis, deduction. Results of the work: in today's reality there is no unified international legal regulation of cryptocurrency, which complicates the prevention and fight against transnational offenses, the means or subject of which are cryptocurrencies and mining.

Development and modernization are characteristic of all processes and phenomena, including state and legal processes. In accordance with the generally accepted approach in the theory of state and law, the law-making func-tion must exist in the highest state bodies according to their competence within the system of division of state power into legislative, executive and judicial branches. This approach leads to the need to analyze the state of courts in Ukraine and their decisions as documents that are part of the system of sources of law. As a result of such analysis, it can be argued that there is a possibility and need to recognize the existence of special forms of judicial activity - judicial lawmaking, which is manifested in the quality and effective formation of the judicial practice.The need for recognition of judicial lawmaking, which complements the provisions of current legislation of Ukraine, currently exists in our country. This process would give more flexibility to the whole system of sources of law, prestige and mandatory observance of the law due to its stability, efficiency, quality and immutability for a long time, “unload” the subject of legislation and help him find new methods and instruments for settling public relations and resolving disputes over law in various areas of law.Thus, it is extremely necessary today for research and analysis and analysis, which are related to outlining the place and legal nature of judicial practice and the whole process of lawmaking, analysis of the relationship of judi-cial practice with other types of legal practice, as well as identifying features and specifics of legal regulation in this area, justification of the existence of judicial practice as a source of law in Ukraine.

Judicial practice shows that the request of all lawyers is not answered, so the study of the role of the application is relevant. The objective of the research was to carry out a theoretical and legal analysis of the role of the lawyer's request in the field of the defense of human rights due to the peculiarities of its normative support as a means of legal communication. The following methods were used: direct observation; comparison method; analysis of the content of the documents governing the procedure for giving and receiving a response to a lawyer's request. Documents and normative-legal programs that regulate the order and peculiarities of the legal work of lawyers and their requests were identified. The article also examines the legal practice of using applications and analyzes the activity of lawyers to ensure the role of the application as an effective means of legal communication. It was found that, in Ukraine, the application practice itself remains an ineffective means of legal communication. However, the attorney does not always collect the information and documents necessary for the defense in due time.

The subject of the research is the constitutional and legal norms of Article 67.1 of the Russian Constitution. These legal norms are legal means of realizing the subjective right to possess objectively verified knowledge about the past of the state and society and providing guarantees in obtaining such knowledge.The purpose of article is to confirm or disprove hypothesis that some historical facts have the potential of legalization and may be involved in the process of legal impact on public relations.The methodology. A systematic approach was used in combination with historical and logical methods of cognition. It made it possible to study the theoretical, factual and legal grounds for the implementation of Article 67.1 of the Russian Constitution. The formal legal method was also used. It determined the vector of analysis of the legal source and the internal structure of the legal norms of Article 67.1, as well as the legal and technical features of their implementation and enforcement.The main results, scope of application. The article stipulates a set of theoretical, factual and legal grounds for the implementation of Article 67.1 of the Russian Constitution. It is shown that the synthesis of scientific knowledge and historical memory, the object of which is the past of a person, society and the state, lies at the basis of legal practice. Such synthesis conttains the potential for the effective implementation of the subjective right to possess objectively verified knowledge of the past and create guarantees in obtaining such knowledge. Scientific historical and legal experience is defined as a necessary condition in achieving the goal of forming an individual and a citizen, resistant to ignorance and misunderstanding of his national identity, reveals its possibilities in substantiating and verifying a historical fact, as well as within the permissible limits of their legalization.Conclusions. Legal matter is systematic and is strictly organized, therefore it can neither be interpreted arbitrarily, nor applied unreasonably. Article 67.1 of Russian Constitution includes four parts, each of which determines the subsequent one. These parts are also in semantic connection with other constitutional principles and declarations, which together determine the mechanism of legal regulation of a special kind of social relations - relations to the past. The state as a subject of these relations, on the one hand, is the creator of conditions for a representative scientific search and the establishment of reliable historical facts, for the subsequent popularization of the scientific result. On the other hand, state legally fixes scientifically grounded facts of state and social development, indicating unity and continuity. Article 67.1 of the Russian Constitution represents an attempt to consolidate legally the well-established historical facts. A historical fact becomes a constant of historical heritage for society when it receives public recognition. The loss of such constant is an irreversible loss (possibly even the destruction of a part or a whole society). In this case historical fact can be defined as a historical truth and may become a subject to legalization, subsequently acquiring the status of a legal norm: principle, definitive, declarative, prescriptive or logical rule of law. The legal concept of historical truth should be perceived not as the opposite of historical untruth (lie), not in the sense of “this is good, but this is bad” and “who benefits from”, because emotionality goes beyond the legal framework. The legal concept of historical truth should be perceived as the opposite of an unscientific, hypothetically assumed, yet unproven historical fact.

In recent years, disruptive legal technology has been on the rise. Currently, several AI-based tools are being deployed across the legal field, including the judiciary. Although many of these innovative tools claim to make the legal profession more efficient and justice more accessible, we could have seen several critical voices against their use and even attempts to ban these services. This article deals with the use of artificial intelligence in legal technology and offers a critical reflection on the current state of the art. As much as artificial intelligence proved that it could improve the legal profession, there are still some underlying risks connected to the technology itself, which may deem its use disturbing.

Purpose: based on the analysis of foreign experience, opinions of leading Rus-sian scientists and established legal practice, the article suggests a number of measures to improve the effectiveness of detecting the facts of legalization (laundering) of money or other property acquired by a person (other persons) as a result of committing a crime (by criminal means). Discussion: the shadow sector, in one scale or another, exists in the economy of any state. There are various methods for assessing its structure and volume, each state seeks to resist the development and strengthening of the shadow component of its economic system. Results: the continuous development of institutions of responsibility for the legalization (laundering) of money or other property obtained by criminal means is one of the most important areas of countering the crimi-nalization of the national economic system of Russia, an effective obstacle to the infusion of criminally accumulated resources into the country's economy and a significant factor in countering the shadow the economy as a whole.

There is a perennial ambiguity in the rule-of-law preposition: it predicates that the law shall rule, but which law? This legal loophole has led to a diverse array of interpretations of the concept. Of these, two appear particularly adverse to what the rule of law should primarily be—the rulership of the law—yet still remain dominant. On the one hand, the rule of law is intended to be the vehicle to deliver above-the-law goods such as human rights or other individual entitlements like property, and to forever shield them against any other force, including the law. On the other hand, the rule of law is believed to be a tool at the rulers’ disposal, who make use of the law but are not bound by it, for either legal or practical reasons. In both cases, a pre-legal setting for society allocates rulership to something but not the law, against the very essence of the ideal: an authoritative legal practice for the sake of regulating the present society. As such, the rule of law has to meet certain requirements of craftsmanship, like conditions in law-making and law-enforcement, and sources, which are to be democratically underpinned.

En el trabajo de Verónica Rodríguez-Blanco presentado y debatido en este número se propone el siguiente vínculo entre la teoría del derecho y la teoría de la acción: el teórico del derecho debería partir de una teoría correcta de la acción humana, a saber, una que permita captar el “sentido y propósito” (point) de las acciones de los participantes de la práctica jurídi- ca. Según la autora, la metodología hartiana del punto de vista interno es “inestable” porque no logra este objetivo. Tres son las críticas que enfrenta la autora: una que discute principalmente el alcance y objetivo de la teoría de Hart; otra que cuestiona que el punto de vista interno revista algún privilegio como metodología científica; y una tercera que discute centralmente cuál sería una teoría correcta de la acción humana. Por mi parte, teniendo en cuenta la distinción entre explicaciones normativas y causales, destaco que no toda explicación basada en reglas presupone la representación por parte del agente del propósito valioso de la práctica o institución.

The use of Information Communication Technology (ICT) has permeated every profession, sector and facet of life. Although it has been slow in its application to legal practice in Nigeria, the prospect of ICT in law is promising and unending and it has resulted in the field of Artificial Intelligence (AI) and Law. AI and Law has many branches of which legal document automation forms an important part with high applications to drafting agreements. The paper examines the functionality of a programme written by the first author that automatically generates land sale agreements between natural persons, with the aim of ascertaining if the programme conforms with the appropriate provision of applicable laws. The paper examines the laws applicable to land sale agreements in Nigeria and finds that the document produced by the programme conforms with the provisions of these Laws. The paper also examines the issues that may arise in the use of the programme or similar programmes.

The subjectof the research is the categories “the spirit of the law” and “the letter of the law” in their regulatory sense.The purposeof the research is to confirm or disprove hypothesis that the concept of “the spirit of the law” fundamentally impacts the methodology of legal research, legal con-sciousness and the mechanism of legal regulation.The methodologyfor researching the spirit of the law presupposes an adequate selection of means of knowledge. It is impossible to study the spirit of the law with the tools of ma-terialism or economic determinism. The spiritual-moral, axiological, metaphysical, systemic methods and the method of synthesis are preferred for the study of the spirit of the law. The legal system of society ceases to meet the elementary requirements of the formation of a person's legal consciousness, his improvement and spiritual health when the spirit of the law is denied. It is generally impossible to understand how law functions and achieves a regulatory effect using the dogmatic, positivist approach to law as a dominant method of cognition.The main results,scope of application. The problem of the operation of the spirit of the law is one of the ignored problems of legal practice. If the legal act is at odds with the spirit of the law, the law enforcer faces a difficult choice: either morality or law. This dilemma is fraught with serious conflicts both in the mental, psychological sphere of the law enforce-ment officer himself, and between all participants in the legal process. Every person has an internal imbalance if he makes decisions and performs actions that are contrary to his con-science. Jurisprudence, which adequately perceives the subordination between the spirit of the law and the letter of the law, warns against the temptation to consider law as a sphere independent of spiritual absolutes. The current law is not exactly what is set out in the texts of regulatory acts. Distinguishing between the spirit of the law and the letter of the law, therefore, requires special types of interpretation of texts (broad, restrictive), as well as analogies of legislation and analogies of law.

Purpose This paper aims to study the developed countries’ experience on the cyberbullying legal regulation among adolescents, to identify existing shortcomings in the developing countries’ laws and to develop recommendations for regulatory framework improvement. Design/methodology/approach The authors have studied the state regulatory practice of the UK, the USA, Canada, Malaysia, South Africa, Turkey, UAE and analyzed the statistics of 2018 on the cyberbullying manifestation among adolescents in these countries. Findings The study results can encourage countries to create separate cyberbullying legislation and periodically review and modify already existing legislation. Originality/value The study provides a list of the recommendations to regulate cybercrime in developing countries and prevent it as well. The results may contribute to creating laws related to the regulation of cyberbullying in countries where such legislation does not exist yet or existing regulatory legal acts do not bring the expected results, namely, in Post-Soviet countries and other developing countries of the world.

Note on professional ethics and fees in the Roman legal practice: jurists, orators, advocates. At first sight, there seems to be an accurate terminology for actors of legal assistance in Ancient Rome. Their understanding, however, must be occasionally reassessed in light of the particular context of Roman society in its respective time (such as the relevance of clientela, amicitia, and bureaucracy). Moreover, the legal practice must be analysed to further clarify their understanding. At the end of the Republic and in the Classical Age, the central topics are the links and contradictions between gratuitousness, gratia and remuneration (Cic. off. 2,65,66; D. 50,13). However, there are some actors that are difficult to grasp, such as iuris studiosi. Furthermore, no ideology can be identified concerning an advocate’s duties and countering an unscrupulous practice (Cic. off. 2,51). In Late Antiquity, the notion of key legal professionals grounds on advocati and iuris periti, as can be derived from the Colloquia scholica and in Edictum de pretiis 7,72. This development led to the creeping introduction of a remuneration for the legal profession until its realisation, manifested in Aug. Epist. 153,23.

Mankind is facing new civilizational problems (management of global processes, environmental safety, health care, etc.). A significant role in their solution is given to international organizations, interstate legal systems. Analysis of actions to solve global problems raises before legal science questions about the real capabilities of international organizations, interstate legal systems, their ability to adequately respond to globalization challenges, the need to clarify their role in the new reality, as well as their nature, form, and significance. This is a new model of interaction between states within the international system, which could ensure not only their cooperation but also integration through a new institutional mechanism and system of legal acts. The study uses universal and European international legal acts (in particular, sources of law) and other documents that offer a description of their nature, form, significance, ability to adequately respond to the globalization challenges of today. The main in the research process were: globalization approach, logical methods, general theoretical, sociological, comparative law, and international legal methodology. An analysis of the provisions of international, foreign, and Ukrainian legal science, sources of law, and legal practice revealed that modern international organizations arose in connection with the need to ensure the functioning of sovereign states and their cooperation. After the Second World War, those were formed that are designed to ensure closer cooperation based on universal and regional cooperation (United Nations, Council of Europe, European Union). New world order and interstate legal systems are being formed, which structure it. Their forms of integration are emerging, such as the legal system of the European Union. These systems have successfully fulfilled their role in streamlining the regional (European) and universal space. Although new globalization challenges of socio-economic, security, information, health, and environment necessitated the formation of a new model of interstate legal systems, which would ensure not only cooperation but also integration, through the creation of a new institutional mechanism and an effective system of legal acts.

Several Iranian university students were expelled from Hungary to Iran due to their (allegedly) unlawful behaviour during their quarantine period at the outburst of the Covid-19 pandemic on grounds of being a threat to public policy and public security. The case reveals a worrisome practice in the reasoning of expulsion decisions, irrespective of the pandemic. By analysing a judgment on the review of an administrative decision on expulsion, the article explores the normative circumstances of the legal institutions appearing in the case. By comparing international, European Union, and Hungarian constitutional practice, the study reveals a controversial legal practice. It not only evaluates the case, but draws attention to the role, quality, and legal significance of reasoning of administrative acts which lately, with a quickly changing legislation, seems to be forgotten.

The article deals with the research of the creation of conditions for the socialization of economic relations in modern Ukraine — legal regulation of social entrepreneurship investment. The Ukrainian state actively implements world economic trends and legal standards into national practice. These include social entrepreneurship and its legal support. It is stated that the main priorities of social entrepreneurship today are: development of social innovations, ecology, health care, education, vocational training, employment of people with disabilities, welfare, development of territories, culture, etc. In Ukraine, social entrepreneurship has a somewhat undeveloped character, primarily due to a lack of funds for its development. There is no specific legal regulation of social entrepreneurship in Ukraine. The main form of domestic social entrepreneurship is a charitable activity of public organizations. It is emphasized that the success of projects in the field of social entrepreneurship depends to a large extent on foreign investment. Investor rights in Ukraine are protected by advanced legislation and, despite bureaucratic obstacles, are guaranteed by the state. It is noted that the analysis of domestic economic and legal practice indicates the existence of social and legal prerequisites for successful investment in social entrepreneurship. Among these prerequisites, the following are outlined: public willingness and organizational support of the state, international assistance, presence of interested social groups, and availability of special draft laws that should stimulate the formation, development, and activity of social enterprises as the main form of social entrepreneurship. Attention is drawn to the fact that the draft Law of Ukraine «On Social Enterprise» changes social entrepreneurship ideology from charitable to entrepreneurial activity, which is combined with the implementation of innovation and solution of social problems. In particular, this approach is attractive for both internal and external investors and is the basis for social entrepreneurship’s future success. It is concluded that the proposed research can be of interest to both potential investors and investors who are already working in Ukraine and would like to develop or diversify their activities. Keywords: investments, social entrepreneurship, protection of investor rights, economic and legal preconditions for social entrepreneurship. JEL classіfіcatіon E20 G20 O35 K20 Formulas: 0; fig.: 0; tabl.: 0; bibl.: 21.

Artificial intelligence can bring benefits to legal practice, providing agility and precision. It can allow judicial decisions to be the result of the combination of algorithms, enabling the development of a system based on machine learning. This article seeks to demonstrate the current state of the use of artificial intelligence in the Brazilian justice system with the impact of the development of a deep learning system, merely the result of the automation of textual analyses of legal cases, which now serve as models. Reflection is more than necessary given the ethical issues that can arise in view of the inherent precepts that are usually impregnated in the judicial function. Civil servants, lawyers, prosecutors and judges should be guided by a pertinent regulation of new technologies and reflect on whether judicial decisions would be the result of human thinking or not, in addition to the risk that they can carry when the models are biased, in good or bad faith, due to erroneous classification or misinformation in the system.

The article is devoted to the study of special confiscation as a measure of criminal law, other than punishment, which was introduced into the legislation of Ukraine on the way of transformation and reformation of the institution of confiscation of property. The study found that the emergence of special confiscation was dictated primarily by Ukraine's choice of European integration and the need to fulfil its obligations to bring domestic criminal law in line with European standards and international legal practice in combating crime. The article notes that today the confiscation of property remains one of the most controversial measures of criminal law in both domestic and foreign law. Traditionally, in the criminal law of Ukraine, this measure played the role of one of the types of punishment. However, at the present stage of development of criminal law, the legal regulation of forced confiscation of property has undergone significant changes. Currently, this is not only a form of criminal liability, but also different from the latter, another measure of criminal law, which manifests itself in three forms, namely as: 1) special confiscation of property of an individual; 2) confiscation of property of a legal entity; 3) special confiscation of property in respect of a legal entity. The article analyzes the provisions of the current criminal legislation of Ukraine on the regulation of special confiscation as another measure of criminal law and considers the main problematic aspects of this institution in the doctrine of criminal law of Ukraine. The correlation between general confiscation and special confiscation was revealed in the article. The conclusion was drawn that these two types of confiscations are different in legal nature. Confiscation of property is a type of additional punishment, and special confiscation of property is an independent type of other measures of a criminal law nature. The main difference between the investigated institutions is that their application seizes property of different nature, namely: the subject of confiscation of property is property that belongs to the convict on the right of ownership, and in the case of special confiscation, property related to the commission of a crime is subject to confiscation.

The article analyzes the distinctive features of the financial collateral in cash as a special form of commercial charge. The analysis is relevant for its legal qualification and distinguishment from another form of charge established in the Civil Code – the pledge of monetary funds in the bank account of a pledgor. A proper legal classification of the collateral in cash is important not only for determining the extent of the rights and obligations between the collateral taker and the collateral provider, but also affects the possibility of other financial collateral provider’s creditors to have their claims satisfied in insolvency proceedings. The classification of collateral in cash through the lens of legal consequences, which is used in the legal practice, does not reveal the peculiarities of this type of collateral, therefore the article will examine its other legally significant features. The article also analyses the causes of legal qualification errors and ways to eliminate them.

In this article it is noted and indicated that economic science distinguishes between theoretical (political economy) and practical (applied economics) components, analyzes how deeply a modern lawyer should know and master each of them. It is noted that legal practice shows that for a lawyer of any specialization (especially a lawyer who is engaged in lawmaking) it is extremely important to know the basics of the theoretical part of economic theory, and for a lawyer who solves problems in real (practical) economic relations, first of all, in-depth knowledge of applied economics to analyze the state of crime in the field of economics. In the forensic literature, a set of crimes in the field of economics is considered as a certain technology of criminal enrichment in which there are primary and secondary crimes. The main economic crimes include those committed directly for the purpose of seizing someone else’s money or other property. Secondary economic crimes should be considered those that do not directly provide material benefits to the offender, but are a way of committing the main crime or its concealment. In essence, crimes in the economic sphere are aimed at the seizure of funds and other values and are associated with violations of statutory norms. According to the Criminal Code of Ukraine, crimes in the economic sphere, including major ones, include fraud, seizure of property by abuse of office, while secondary economic crimes include legalization (laundering) of money and other property obtained by criminal means.

The article examines legal plaints authored by the household slaves, bondsmen, bonded tenants, concubine, wife, sisters, and affines of the chieftain of a native domain in northern Yunnan Province, China in 1760. These kin and enslaved persons of the chiefly house were struggling over whether a slave baby should become the chieftain of this sprawling realm. The documents were preserved in the hereditary house of the native chieftain along with some 500 manuscripts in an indigenous script now called Nasu, which carried its own assumptions about what writing was and what it could do. I read the Chinese-language legal documents with an eye to the tradition of Nasu ritual writing. I argue that a group of bondsmen accused of rebelling against the chiefly household were actually seeking to preserve it by extending the ritualized tasks of writing ancestry and descent into the realm of Qing legal practice. This allows me to extend the first of two methodological suggestions: that the kinship of bondage and the bondage of kinship are best seen as participating reciprocally in a single field of relations. I then follow a group of domestic slaves as they travel to the administrative city and search for a litigation master to write up their own legal plaint. With this exercise, I propose a second methodological argument: that reading and writing are complex human skills, often partly available even to those who cannot use pen and paper, and involving the coordination of forms of textuality across different planes of inscription.

This article discusses a concept of legally permitted and limited offsetting in bankruptcy according to the law of the Republic of Serbia, with comparison to earlier regulations where the offsetting occurred by the force of law, as the legal consequence of initiating bankruptcy proceedings. Legal provisions, legal practice, opinion of the jurisprudence on general and special terms about the right to offset the claims in bankruptcy in the Republic of Serbia, as well as in the countries in the region, have been presented. Relevant legal solutions from laws on bankruptcy of Montenegro, Republic of Srpska, Republic of Croatia, and the Republic of Slovenia have been reviewed. Offsetting claims in bankruptcy proceedings are in principle allowed in regional countries as well. Regarding the effect of bankruptcy on the right to offset the claims, there is a great similarity among the legal solutions in regulations of above mentioned countries, except for the Republic of Slovenia. The Republic of Slovenia retained the broadest concept of legal compensation as a legal consequence of initiating bankruptcy proceedings, which constitutes an important difference compared to restrictive solutions of the Serbian bankruptcy law and regional legislation. This article aims to show to the business entities operating in the region, through comparative legal analysis, different conditions and procedure of offsetting in bankruptcy in national legislation, bearing in mind the importance of this legal institution, which allows the creditors to fully collect their claims outside the bankruptcy payment lines, and regardless of the number of available funds in the bankruptcy estate.

This review essay of Katharina Pistor's Code of Capital summarizes her argument: legal practice is all about the design of capital assets so that their owners' interests are maximized, and so that courts will not stop these owners from taking unfair advantage. Pistor explains how this legal regime naturally generates inequality. The summary is followed by a critique of Pistor's claim that she describes the fundamental nature of the Anglo-American legal system and a discussion of the many ways in which both courts and legislatures in the past used to constrain the growth of both unfairness and inequality.

Objective The aim: To analyse human right issues in health care during the SARS CoV-2 pandemic from the perspective of patients' and medical practitioner's rights. Patients and methods Materials and methods: Multidisciplinary research will be conducted as part of national as well as international health care policy documents, international human right instruments, including case law decisions, and also major scientific articles on human rights from the healthcare perspective will be analysed. The comparative, Research synthesis method and systemic analyses will be made during the research. Results Results: The study confirmed that human right issues in the context of health care in case of Patient triage become relevant and transformed. The situation of COVID-19 has created new precedents for human rights, with a particular impact on the rights of doctors and patients. Conclusion Conclusions: Human rights from the healthcare perspective become the topical issue during the COVID 19 pandemic. The legal practice in human rights had several transformations and it provides new challenges from patients as well as medical practitioners' rights. Important problem, from the ethical -legal perspective is the Patient's triage. The situation on patients triage or ranking shows importance and possibility of each member state to act fast, taking into consideration fast changing situation in medical health system. Sorting patients whose lives are at risk according to certain criteria for assessing their lives is not acceptable. In order to reduce events of violations of human rights during COVID 19 in healthcare, the emphasis should be placed for explanation of decisions made in state level.

The article describes the provisions of the sources of criminal law of some foreign countries regarding the regulation of extrajudicial forms of protection of an individual’s rights and freedoms, excluding the criminality of the act. The author refers to these forms as a necessary defense, causing harm to the person who committed the crime, and extreme necessity. The article discusses the possibility of implementing the provisions of these sources in Russian criminal law to improve the state response to the implementation of these forms. The author comes to the conclusion that the most positive and constructive features of legal regulation in foreign countries, extrajudicial forms of protection of an individual’s rights and freedoms while excluding the criminality of the act, deserve scientific attention and consideration of their implementation in domestic criminal law and legal practice. The main features consist of the following: the conditions for the onset of the right to necessary defense, extreme need and infliction of harm during the detention of a person who has committed a crime, and the grounds for exceeding it; taking into account the situation when determining the legitimacy of the given circumstances; allocation of privileged conditions under which a person is either exempted from criminal liability or not exempted from it, but can count on mitigation of punishment; criminal prosecution for actions if absolutely necessary only if they have resulted in more harm than the harm prevented; regulation of legal and factual error with the necessary defense and extreme necessity; legal regulation of the conditions for the use of weapons in the implementation of these forms; holding accountable those who provoked the necessary defense; the emergence of the right to necessary defense of the person whose rights are being encroached upon.

The presented article examines the forms of abuse of rights. In legal science and legislation of Ukraine, the category of “abuse of rights” is legally vague and there is no agreed approach to defining the criteria for abuse of rights. The legislator often uses the institution of “abuse” as part of various legal structures, but does not legally establish the content of the general (generalized) concept of “abuse of rights”. This creates problems both for legal practice, legal proceedings, and in the case of the exercise of rights by their owners and owners. Abuse of law means the formally lawful behavior of the subject of legal relations, which leads to a violation of the rights and legitimates interests of others, incompatible with the fundamental principles of legal regulation. However, the content of the term "abuse of right" (rights) is in the prescriptions; covers individual, sometimes different types of acts. Procedural legislation defines in more detail the content of "abuse of procedural rights", but does not provide an exhaustive list of such acts. The official position of the legislator is that any abuse of rights is unacceptable. Such legal norms are of a protective (prohibitive) nature; they do not always reveal the essence of abuse. The classification of actions on abuse of rights contains not only formal, purely theoretical significance, but, in essence, the classification allows, by identifying the most typical cases of the phenomenon under study, to establish trends in the emergence of new types and forms of abuse of rights and to determine the most effective methods and means of overcoming them. The author determined the place of abuse of subjective rights in comparison with socially significant (legal) behavior. It has been established, that abuse of the right is not a type of legally significant behavior. The author's understanding of the concept of "abuse of rights" and its types is offered

This paper is dedicated to the analysis of some problems small business entities face with in the field of public procurement. The field is regulated by laws made by the State. A lot of laws exist that regulate the functioning of small business entities. The laws made by the State to regulate the field of functioning of small business entities and their performance in the field of public procurement are numerous. Made laws are characterized as legal norms that do not comply with each other. The paper contains examples of such rules and shows negative effects for small business entities when they implement the right under consideration in the field of public procurement. The author classifies the issues according to the sector of public procurement and provides case studies concerning such issues including cases from the author’s legal practice. The author makes practical recommendations in the conclusion of the paper.

The article deals with the professional legal activity of Ivan Semaniuk, a Ukrainian lawyer, public figure, novelist, known as Marko Cheremshyna. The paper studies his way of life, the reasons for choosing a legal profession, his professional and public activity. Ivan Semaniuk received his legal education at the University of Vienna, during his studies he took an active part in the social life of local Ukrainian students, he was a member of the student societies “Rodyna” (“Family”), “Prohress” (“Progress”), “Sich”. He was the head of the latter one in 1899–1900. In Vienna he was also engaged in literary work, he wrote prose, published a collection of short stories “Karby” as well as translations of some works from other languages. In 1906 he finished his legal internship in the Austrian capital and received a doctorate in law. In October 1906, I. Semanyuk began his official legal practice in the office of the Ukrainian lawyer Mykola Lagodynsky in Deliatyn, and stayed in the mountain town for six years. He organized “Sich” society branches in the villages, conducted educational and cultural activities, helped his patron to win a seat in the Vienna parliament in both 1907 and 1911, and conducted advocacy work during his stay in Vienna. He gained recognition and authority among the local Hutsul population as he was a good legal defender and adviser for them. In October 1912, he opened an independent legal office in Sniatyn in the so-called Pokuttia region and, thus, he became the first permanent Ukrainian human rights activist in this county. He continued to work there for a decade and a half and he started to be recognized as a “peasant” lawyer, who would defend poor, uneducated, oppressed peasant clients who needed legal and moral protection. In addition to providing legal assistance, I. Semaniuk was active in public life, he was a member of all local cultural, educational and economic societies such as “Prosvita” (“Enlightmnt”), “Silsky Hospodar” (“Farmer”), “Sich”. During the existence of the West Ukrainian People’s Republic (ZUNR), he held the post of the Deputy Mayor of Sniatyn, he was a member of city and county councils and organized the educational life of the county. In the 1920s, he was elected a member of the city’s sideline council, was a legal adviser to the mayor, and his actions served to protect the rights of Ukrainians from the arbitrariness of the county administration. His office remained a center for providing services to poor Ukrainian clients. It was there where young Ukrainian lawyers had their legal practiced and gained experience in public work. His professional activity and legal protection of Ukrainians became a manifestation of his moral duty fulfillment as he strived to serve his own people since his student days, and this way of thinking was closely observed until the end of his life. Keywords: lawyer, University of Vienna, doctor of law, I. Semaniuk, M. Cheremshyna, legal activity, Sniatyn.

Criminal law offers the possibility of interfering with human life. To avoid such unjustified interference, society and the state must guarantee that human and civil rights are protected and that the standards established in the Convention for the Protection of Human Rights and Fundamental Freedoms are observed. Therefore, it is important to analyze the dynamics of the implementation of the protective function in the conviction of crimes in the interpretation of the European Court of Human Rights ECHR. In the methodological, he made of dialectics and documentary observation. The work aims to analyze the practice of the European Court of Human Rights, which tracks the dynamics of the protection function in sentencing for crimes. As a result of the study, the dynamics of the protection function in sentencing for criminal offenses were clarified through the practice of the ECHR, the problematic issues of the implementation of the protection function were analyzed in the example of Ukraine and foreign countries, and proposals were made, to use the practice of the ECHR as a “living tool” for the protection of human and civil rights and freedoms.

This article is dedicated to one of the famous scientists, Alexander Abramovich Levi. This article reflects the personal life of A.A. Levi, i.e. pre-war and war years, his university studies, his work in the prosecutor’s office and in the Peoples’ Friendship University of Russia, as well as his scientific work. A.A. Levi was at the origin of the development and application of sound and video recording in court proceedings. Based on his project and with his direct participation the first specialized courtroom was created in the USSR. Scientific publications of A.A. Levy can be found in legal journals of Hungary, Germany, Poland, Czechoslovakia and the USA. A.A. Levi was among the drafters of the Federal Law “On Legal Practice and the Bar”.

This article traces the careers of 12 Palestinian Arab lawyers who practised law during the last years of the British Mandate in Palestine (1920–1948), and who became Israeli citizens after 1948. The State of Israel made efforts to limit the professional practice of Palestinian lawyers and to supervise them. Yet, despite the pressures, most of them continued their legal practice and became active in the Israeli public sphere. We show that the Palestinian lawyers’ struggle to maintain their practice in Israel was used to assert autonomy for the legal profession, and concurrently, it was perceived as a touchstone for minority civil rights in the state.

In August 2018, revelations of the sexual, financial, and administrative misconduct of a high-profile Chinese Buddhist monk named Xuecheng 學誠 were in the spotlight of domestic and international attention. The validity of the allegations and their social and religious impact have been widely debated, and this article focuses on the legal procedures used in handling the allegations and traces their source back to the Republican era (1911–1949). The state's governance of Buddhism and the efficacy of the Buddhist clergy's jurisdictional self-governance operating in Xuecheng's case in China today are significantly older than the People's Republic of China. As early as 1929, ordained Buddhists collectively denounced personal clerical privileges, in exchange for the state law's protection on monastic properties. Then, while protesting against unfavorable articles in the Charter of the Buddhist Association of China (Zhongguo fojiaohui zhang cheng中國佛教會章程) proposed by the Nationalist government in 1936, the Buddhist clergy lost their legal jurisdiction over adjudicating internal disputes among ordained Buddhists. These two events have come to define the relationship between the state and the Buddhist establishment in contemporary China, where state law is harsh on religion while enforcement through legal practice is lax.

The paper presents an analysis of Russian legal practice on dissemination of unreliable socially significant information on the Internet. Based on the study of regulatory, law enforcement and linguistic sources, the author provides a legal assessment to information reliability characteristic, delimits it from related phenomena, and formulates the conditions for the realization of a legitimate interest in obtaining reliable information. Particular attention is given to an analysis of cases of bringing citizens to administrative responsibility for the dissemination of deliberately unreliable socially significant information on the Internet. The author concludes that the presumptions of unreliability of digital messages and their threat to public order and safety are widely spread in judicial practice. It is noted that unreliable socially significant information is interpreted in practice through the prism of information that does not correspond to reality, and the burden of proving the truth of messages published on the Internet is, as a rule, on their distributors.

The scientific publication is devoted to the principles of legal regulation of customs regimes in Ukraine as an intersectoral institution of customs law. It is noted that the customs regime is a set of interrelated legal norms that, in accordance with the stated purpose of moving goods across the customs border of Ukraine, determine the customs procedure for these goods, their legal status, tax conditions and determine their use after customs clearance. The methodology of this scientific publication is based on a complex combination of philosophical (laws of dialectics and metaphysics), general scientific and special legal research methods (methodology of comparative law, method of legal modeling, etc.), principles of objectivity and historicism. It is concluded that the role of the principles of law in the regulation of customs regimes is crucial, given the European integration aspirations of Ukraine and the need to comply with the principles of the rule of law, legal certainty and good governance of public administration. The principles of legal regulation of customs regimes include common principles (rule of law, legality, legal certainty, equality before the law, publicity, etc.), as well as special principles, including: the principle of promoting international trade; the principle of protection of national interests and security in the field of foreign economic activity; the principle of dispositive choice of the customs regime, the principle of availability of administrative services provided by public administration bodies (implementation of the «single window» principle in the work of bodies and officials of the State Customs Service of Ukraine), etc. It is noted that given the goal of the nation state to gain full membership in the European Union, the approximation of national customs rules and procedures to EU standards and principles is a key task of public administration in Ukraine. It is concluded that the study of the principles of legal regulation of customs regimes in Ukraine is the basis for further improvement of existing national legislation and legal practice, the development of promising legislation in the field of legal regulation of customs regimes.

Digital technologies are now extending its function to the legal profession. But the existence of these technologies otherwise known as legal technology (legal tech) or law tech is challenging the traditional legal profession. The nature of legal practice regulation in Malaysia and the United Kingdom (UK) permits only lawyers and authorised persons as legal service providers. As a result, the legal tech or law tech companies although able to facilitate the service in the legal profession are met with resistance and/or indifference. Should the traditional legal profession fear the invasion of this legal tech? This article aims to analyse the situation in Malaysia and the UK. It examines the impact of technology on legal service and legal profession in Malaysia and in the UK. The article also highlights the implication of this legal technology on the laws governing the legal profession in Malaysia. Through analyses of key Malaysian cases, the study finds that the Bar Council has the power to halt the operation of legal tech companies in providing any legal service in this country.As a result, the Bar has been criticised for being a hindrance to the development of legal tech in Malaysia. In contrast, the UK and the United States of America (US) have been very receptive to legal technology despite the exclusivity in the legal profession.

The prototype of the modern institution of limitation periods for criminal prosecution appears in old Russian law. The crime under it is of a private legal nature (offense), and the main punishment is revenge on the offender. The nascent state power requires limiting revenge, which is destructive in nature, although it continues to act as a natural reaction to deviant behavior. One of these restrictions is the establishment of a certain period during which it was allowed to take revenge with impunity. In different legal systems, this period is designated differently. In old Russian law, which was influenced by Byzantine legal practice, there was a demand for the legality of revenge only in case of immediate implementation, which brings it closer to the institution of necessary defense. This also shows the beginnings of the modern institution of limitation periods, since revenge at that time satisfied the goals of punishment. The analysis of the norms of Russkaya Pravda [Russian Justice] in comparison with the norms of ancient German law is a confirmation of this. In addition, the establishment of limitation periods in old Russian law in some cases had procedural prerequisites, which are also characteristic of the modern institution of limitation periods. Nevertheless, long-standing oblivion did not receive its further development in old Russian law. The most popular institution was monetary compensation, which not only effectively replaced revenge, but also provided an economic platform for the emerging state apparatus. In such circumstances, it was economically unprofitable to limit the payment of ransom as the main type of punishment for that period of time, and first of all directly to the state in the person of the princely power. Thus, in its historical development, the institution of limitation periods for criminal prosecution at the stage of old Russian law acquires its identity and significance only when comparing and disclosing those tasks that were solved by the state in this particular period of time by applying punishment.

The scientific publication is devoted to the current state and areas of improvement of the legal bases of customs regimes in Ukraine, taking into account current case law. It is noted that in conditions of fierce competition in international trade it is important to create favorable conditions for foreign economic activity, increase transit, export and import of goods across the customs border of Ukraine, which, accordingly, will increase revenues to the State Budget of Ukraine, create new jobs in the customs territory of Ukraine and in general will contribute to the growth of Ukraine's economy. The study of legal bases of customs regimes in Ukraine allows to formulate the conclusion that the basis of legal regulation of customs regimes is the Constitution of Ukraine, international regulations ratified by the Verkhovna Rada of Ukraine, the Customs Code of Ukraine and laws of Ukraine in the field of legal regulation of customs relations and resolutions of the Cabinet of Ministers of Ukraine, orders of ministries and directly of the State Customs Service of Ukraine. An important role in the legal regulation of customs relations is played by the rulings of the Supreme Court, which contain legal positions on the correct application of substantive and procedural law. An urgent area of improving the legal framework of customs regimes in Ukraine is to complete the process of bringing national legislation and legal practice in the field of legal regulation of customs regimes in line with international standards, given the prospects of Ukraine's full membership in the European Union. It is noted that the Customs Code of Ukraine needs to be improved, the shortcomings of which are evidenced by ambiguous administrative and judicial practice. Equally important is the establishment of established case law on customs regimes at the level of the Grand Chamber of the Supreme Court in order to ensure the uniform application of substantive and procedural law by national courts. The conclusion on the prospects of further doctrinal research on this topic is formulated, taking into account the constant changes in national legislation in the field of legal regulation of customs regimes that require scientific generalization, as well as the need to develop the Concept of State Customs Policy and Development of the State Customs Service of Ukraine.

At the present stage of development of the trade union movement in Ukraine, the issues of determining the place and role of trade unions in the system of public administration as a subject of public administration and the institution of civil society are relevant. The lack of legal recognition of social partnership, and its replacement by social dialogue has led to a decrease in the influence of trade unions on social protection and the lack of trade union control. The latter has been replaced by public control exercised in Ukraine by various public associations. The aim of the article: As a result, trade unions began to participate as advisory bodies rather than as defenders of workers' labor rights. Accordingly, the relations with the subjects of public administration have changed. The aims of the article: to demonstrate that not only in the Ukrainian practice of public administration, but also in the science of public administration, no attention is paid to the problem of trade union control and the relationship between trade unions and public administration entities. Object of research: trade unions as a subject of public administration. Research methodology: a review of Ukrainian literature sources on trade union control and its impact on the relationship of public administration. The results obtained: in the Ukrainian science of public administration there are no publications on trade union activities and trade union control; the mechanisms for building relationships between trade unions and public administration entities are not defined; there is a constant perception that trade unions are public associations and their main role is to conduct a dialogue between employers, authorities and employees; there is no clear conceptual view of the trade union control process, which causes many legal conflicts. Practical significance: scientific substantiation of the use of the concept of "trade union control" in legal practice and in the activities of public administration, its clear definition makes it possible to influence the rights of workers and influence the development of social policy by public administration.

The development of electronic payment instruments and their online availability constitute important parts of the development of the EU payments market. Individual states adopt different approaches towards interpretation (legal aspects) and types of electronic payment instruments. To encourage sustainable payment services, minimize possible threats, and create favourable conditions for the development of new payment instruments, legislators adopt general legal acts stipulating the legal status of electronic payment instruments. However, the actual interpretation of payment instruments is often narrowed in legal practice, and does not cover payment instruments newly introduced to the market. A new insight into electronic payment instruments corresponding to the latest trends in the market is important in criminal law as well, because crimes related to the use of a payment instrument are common and difficult to investigate. In view of recent changes in payment services (the new Payment Services Directive in 2019), the norms of criminal law stipulating liability for the illegal disposal of electronic payment instruments must reflect circumstances predetermined by today’s technological developments. In terms of criminal law, a technologically neutral conception of the payment instrument is necessary, to include a wider range of payment instruments that differ considerably from conventional personalized payment cards. The aim of this article is, therefore, to demonstrate that the current regulation of the Criminal Code of Lithuania lags behind the development of payment instruments, and in order to avoid excessive criminalization it is proposed to narrow the application of Article 214 of the Lithuanian Criminal Code.

Provisions of Article 32 Paragraph (2) of Law 31/1999 jo. Law 20/2001 provides an alternative to the filing of a civil suit to recover state financial losses for corruptors even though they have been terminated criminally free. The problem is how to implement the civil lawsuits in returning state finances in law practice. Because legal practice shows that there are legal problems in Article 32 paragraph (2) of Law 31/1999 jo. Law 20/2001 which implies the lack of use of civil litigation instruments in corruption cases.

Changes in criminal proceedings put forward new requirements for Ukrainian society and state. As a result, after the adaptation of the new institutions that appeared in the country's criminal procedure legislation and the introduction of the necessary amendments and annexes aimed at improvement in criminal proceedings, new chapters, and sections on the application of special criminal procedure have emerged. Without disputing their importance and necessity (for example, the institutions of agreements and criminal offenses are designed to significantly simplify and reduce the volume of criminal proceedings, and the introduction of the jury emphasizes democracy in the field of justice and human rights in Ukraine) yet it is not sufficiently investigated, and lacks complete execution practice which still leads to legal uncertainties and is sometimes perceived by society ambiguously, which significantly complicates its use. For example, the institution of criminal offenses has not yet been introduced and should come into force only from July 1, 2020. Legislators attempts to combine Anglo-Saxon (based on the legal practice of Great Britain and the United States) and Romano-Germanic (taking into account the practice and legislation of continental Europe) legal systems during the implementation of special criminal procedures neither prove successful nor contributed to the criminal proceedings, on contrary, caused difficulties in administration of new institutions. Thus, even after eight years after the Ukrainian Criminal Procedure Code was adopted, the need for amendments and annexes, development of methods for the application of new institutions, governing special procedures of criminal proceedings has not vanished. Therefore, the paper investigates the regulation of rules relating to special procedures of criminal proceedings in the Criminal Procedure Code of Ukraine, the need to transfer to one section of all special rules governing the implementation of special procedures of criminal proceedings, and going beyond the standard procedure. The activity of the prosecutor during the application of special procedures of criminal proceedings is analyzed. The experience of European countries in special procedures execution in criminal proceedings is presented.

The article explores legal practice in the field of advertising medicines. Medicines advertising is recognized as one of the mosteffective mechanisms of medicines promotion. Factors affecting the spread of medicines advertising: the public’s attitude to advertisingas a reliable source of information about medicines, distrust of doctors and the healthcare system, and, as a consequence, the prevalenceof self-medication practices. In order to protect the interests of consumers and protect economic competition (often second prevailing),the state ensures compliance with the requirements of the legislation in the field of medicines advertising. What is important is hownational courts hear cases regarding medicines advertising.Advertising is information about a person or product, disseminated in any form and by any means and intended to generate ormaintain awareness of the consumer of the advertising and their interest in such person or product. Advertising of medicinal products,like any other advertising, must comply with: the general principles of advertising; general advertising requirements (apply to all products,regardless of their type); special advertising requirements. Specific requirements for medicines advertising are: (a) specificrequirements for the permitted and prohibited medicines advertising; (b) requirements for the content of advertising of medicines (consistingof the requirements that medicines advertising should and should not contain); (c) particularities for advertising for certain ca -tegories of persons.The mandatory content requirements for medicines advertising are almost 100% specific and evaluable, while prohibitions andrestrictions often make it impossible to assess whether this effect is present in the advertising message or how it may affect a particularconsumer. Accordingly, depending on which requirements for advertising have been violated, the public authority can assess whetherthe prohibitions and restrictions have actually been violated and consider bringing those responsible for violating advertising legislationto liability. Further, if the advertisers, producers or distributors of the advertisement do not agree with the decision of the relevant publicauthorities, they can appeal to court. Most often, the plaintiff will be the advertiser, who are the field of advertising of medicines arepharmaceutical companies, drugstores. The respondent – the relevant authority. This is how the jurisprudence in the field of medicinesadvertising is formed.Almost every case about medicines advertising is about false advertising in a form of «spreading misleading information». Caseshave been considered as to the actual dissemination of misleading information and the violation of certain special requirements for themedicines advertising. In particular, cases concerning: medicines «popularization»; «exaggeration» of medicines effect; giving theproducts features of medicines; on the use of physicians’ images in medicines advertising; medicine prices.Not all cases of «spreading misleading information» about medicines go to court. The legal practice in the field of medicinesadvertising is characterized by a certain ambiguity and depends largely on the evidence presented by the parties’ representatives. Thedecisions of the courts are based on the consideration of the circumstances of each case.

This article analyses teaching reflection skills as a means to inculcate students’ capacity to contribute to justice. Arising out of understandings of professionalism, the rule of law, as well as m...

Do university legal clinics, clinical legal educators and health practitioners have a role to play in building the resilience of law students to better equip them to manage their academic studies and their professional lives as they move into legal practice? Given that mental health issues such as depression and anxiety are rife across Australia’s law student and legal professional populations, we wondered if developing a legal clinic model in collaboration with a university-based health service would offer one way to address these concerns.

When legal practice satisfies certain modest conditions of legitimacy, affirming the equal dignity of persons, the law is what it ought to be. It provides the morally appropriate basis for the reso...

This is a personal view from London as the Covid-19 pandemic continues to spread here and the situation changes from day to day. As such it can only be a snapshot caught in time; it is not a diary of events. The Coronavirus Act 2020 gives Government enormous powers and was passed by Parliament in one day of debate immediately before it closed early for the Easter break. In March, the government imposed a “lockdown: the closure of all” but “essential” businesses and people other than essential workers must work from home but are allowed out for exercise and food shopping but must maintain 2 m apart, the “social distancing rule”. The aim is to suppress the spread of the virus, reduce the death toll and “protect the National Health Service (NHS)” which needed time to empty wards and expand its intensive care unit (ICU) capability to deal with an expected influx of thousands of very sick patients. I discuss whether this strategy is working, how and why it has rapidly been altered to respond to criticism. Why was the Government so slow to seek the help of private laboratories to assist with testing? Why was the personal protective equipment (PPE) guidance altered only after criticism? I look at the impact of the lockdown on the UK economy, the changes to practice of medicine and speeding of scientific research. Cooperating with the lockdown has its price; is it harming the health and mental health of children, people living in households with potentially abusive partners or parents and those who are disabled or financially desperate? Is the cure worse than the disease? The Economy is being devastated by the lockdown and each day of lockdown it is worse. Is litigation being seeded even now by the pandemic? Notwithstanding unprecedented Government financial help many businesses are on the edge of collapse, people will lose their jobs and pensioners income. The winners include pharmacies, supermarkets, online food retailers, Amazon, online apps, providers of video games, services, streaming and scientific research laboratories, manufacturers of testing kits, ventilators, hand sanitisers, coffins, undertakers, etc. The British public is cooperating with lockdown but are we less productive at home? Parents with babies and children often child minders, school, grandparents or paid help which is not now available. Will current reliance on video-conferencing and video calls permanently change the way we work and will we need smaller city offices? Will we travel less? Will medical and legal practice and civil and criminal trials be generally carried out remotely? Will social distancing with self-isolation and job losses and business failures fuel depression? Is Covid-19 comparable to past epidemics like the Plague and Spanish flu?