Search

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activists have a complex legal consciousness, being neither completely enchanted ('before the law'), nor completely withdrawn ('against the law').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]

Traditionally, the doctrine of implied license is consistent with the default of copyright law, because it requires evidence of a clear grant. Currently, US and German courts have implicitly applied an extended doctrine of implied licenses in the search engine context: opt-out implied licenses. This article calls for legislative recognition of opt-out implied licenses and identifies the unique mechanism and independent position in copyright law. Furthermore, two criteria, i.e. efficiency and balance, are proposed to assess the applicability of the doctrine. The proposed criteria can guide legislators in crafting legal norms that the opt-out implied license applies in specific contexts. On this basis, this article makes the case that opt-out implied licenses have some implications for training general-purpose AI models (hereinafter 'GPAI models') using copyrighted materials and that the proposed criteria can help better design and improve the law. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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.)

Previous scholarship on Josh 15:16–19 and Judg 1:12–15 has drawn on ancient Near Eastern and Jewish laws pertaining to dowries as an aid for interpreting Achsah’s acquisition of property from her father. This article further elucidates the Achsah narrative by bringing it into conversation with legal documents pertaining to dowries from Mesopotamia that highlight their strategic use for purposes such as economic and social advancement. Drawing on insights from law and literature scholarship that highlight how narrative may offer a perspective on law, this article interrogates the ways that Achsah operates within the framework of legal norms pertaining to daughters, while also challenging them. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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.)

The recovery of financial losses suffered by subsidiaries should prioritize recovery efforts that have a non-punitive nature or without punishing a certain person who is considered responsible for the management of BUMN subsidiaries unless there is intentional unlawful conduct and there are elements of criminal acts in it. In accordance with the principle of business judgment rule, the directors can be exempted, because the directors are considered to have made business decisions in accordance with good faith. In this research, the author uses a descriptive analytical research method, because the author will describe or provide an overview of the object under study through the data collected. The form of research used in this writing is normative legal research, because this research uses legislation and court decisions and also legal norms that exist in society. Researchers also collect data in the form of decisions from the corruption court on corruption cases that harm state finances. Losses arising in subsidiaries of SOEs whose capital is not sourced from the state budget or is not equity participation of SOEs and does not receive or use state facilities, are not included in the State's losses. the role of the business judgment rule if the person commits acts of criminal acts of corruption not due to encouragement or coercion and/or business decisions that are not based on prudence from the directors, the directors will be free from legal liability. [ABSTRACT FROM AUTHOR]

Ocean development is crucial for modern states, and the importance of safeguarding and developing ocean rights and interests is becoming increasingly apparent. Economic development relies on the ocean, as does national sovereignty, security, and interests. In addition, national political and military development also depends on the ocean. China has long been committed to safeguarding its own ocean rights and interests, while also actively promoting the development of the international legal order for the ocean. In terms of international legislation, the United Nations Convention on the Law of the Sea provides a legal basis for safeguarding ocean rights and interests and plays a regulatory role in the maintenance of maritime rights and interests for all states. In terms of domestic legislation, many ocean laws in China play an important role in safeguarding China's maritime security and ocean rights and interests. As an important part of the legal system for safeguarding ocean rights and interests, maritime law enforcement has practical significance in the application of national jurisdiction at sea. China's maritime law enforcement, centered on safeguarding ocean rights and interests, is carried out by the reorganized China Coast Guard, guided by domestic and international legal norms, and strictly combats illegal and criminal activities at sea through international cooperation to protect the sustainable development of marine resources and environment and to safeguard international maritime public security and order while guaranteeing ocean rights and interests. In terms of judicial practice, China has already used legal means to effectively safeguard ocean rights and interests in the areas of marine environmental protection, maritime rights protection, fisheries law enforcement, and maritime traffic safety. [ABSTRACT FROM AUTHOR]

This article delves into the history of legal modernization and the influence of colonial rule on Islamic law. It stresses the importance of understanding the internal workings of Islamic legal institutions and local customs to fully grasp the effects of colonial legal systems on the development of law. The authors argue that Islamic legal practices in the 19th and 20th centuries were shaped by various factors, such as discourses, practices, legal measures, and political demands, all aimed at adapting Islamic law to changing political, economic, and social conditions. The article also explores the distinction between direct and indirect colonial rule, the concept of legal pluralism, and the challenges of jurisdictional division in colonial contexts. It examines different colonial contexts, including Egypt, Morocco, Nigeria, India, the Arabian Gulf, and Tatarstan, and highlights the ideological nature of colonial legal systems and their impact on legal institutions. The text also discusses the influence of colonialism on the development of Islamic law in Muslim-majority colonies, focusing on the jurisdictional division imposed by French administrators between "Muslim Arabs" and "Berber" tribespeople, which limited Islamic courts to the former. It also explores the colonial administrations' emphasis on family law and the codification of Muslim personal status law. The text emphasizes the need for a decolonial approach to studying Islamic law, one that is rooted in historical Muslim legal practices and takes into account the socio-political specificities of Muslim governance. The special issue contains several articles that examine different aspects of Islamic [Extracted from the article]

The article is a book review of "Tenere et Habere: Leihen als soziale Praxis im frühen und hohen Mittelalter" edited by Jürgen Dendorfer and Steffen Patzold. The book explores the practice of lending in the early and high Middle Ages, challenging the traditional understanding of feudalism. The contributors analyze various sources, including capitularies, royal diplomas, and charters, to understand the connections between conditional landholding, obligation, authority, and law. The book highlights the flexibility and diversity of loan practices and their relationship to social, political, and economic relationships in medieval Europe. [Extracted from the article]

The purpose of this study is to find out and analyze legal accountability and factors that affect perpetrators in the misuse of Pertalite Assignment Fuel Oil. In a five-year period, from 2019 to 2023, the Bali Regional Police Directorate handled 10 cases of misuse of Oil and Gas Fuel. The authors conclude that the absence of regulation regarding the maximum limit for the purchase of special assignment fuel with jerry cans, thus causing the Blurring of Legal Norms, so that this can cause the abuse of fuel oil. Factors such as low legal awareness and public compliance with the rules, the dominance of individual and group interests, and the lack of knowledge about applicable regulations are the main causes of the misuse. [ABSTRACT FROM AUTHOR]

Objective/context: This article has three objectives: to differentiate the theoretical arguments on the empty chair policy in Latin America, to analyze the process of institutional change that culminated with its implementation in Colombia, and to describe how it has been carried out between 2010 and 2024. Methodology: The methodological approach has three components: a theoretical part, a documentary component, and an empirically based analysis. The first describes the contrast between two approaches to the autonomy, control, and accountability of political parties and parliamentarians. The second reviews how these approaches are reflected in the rules on seat ownership (of parties or congresspersons/deputies), accountability, and sanctions for parties and congresspersons when they violate the law. The third consists of identifying cases of loss of seats, their analysis, and the determination of their effects. The principal sources of the study are constitutional reforms, Supreme Court rulings, and decisions of the Attorney General's Office on convictions of congressmen. The information is complemented with journalistic reports and electoral data. Conclusions: The empty chair policy is established in two Latin American countries (Colombia and Peru). It is an effective legal norm to sanction political parties and legislators convicted for their links with criminal groups, corruption, electoral fraud, and other crimes. It has been applied in eighteen cases due to links to paramilitarism, drug trafficking, and corruption. The affected parties have decreased their electoral performance and their seats in Congress. Originality: This is the first empirical study on the subject in Colombia. [ABSTRACT FROM AUTHOR]

The US Supreme Court has been rightfully criticized for its role in contributing to the anti‐democratic processes in the United States. However, the focus on the apex court overlooks the potential for the judiciary as a whole to support democratic institutions. In the aftermath of the 2020 US presidential election, a series of lawsuits contesting the results were filed in federal courts, overseen by judges appointed by presidents from both major parties. Despite the prevailing perception of courts as politically influenced, every one of these cases ruled against the former President Trump's claims. This research delves into the influence of judicial norms and legal profession culture, intertwined with specific procedural doctrines such as Article III standing and justiciability. The study contends that these procedural rules, deeply ingrained within the culture of the legal profession in the United States, served as a crucial mechanism upholding judicial independence. The analysis draws from the texts of the 2020 election‐related court decisions and interviews with 17 legal experts, primarily consisting of federal and state Supreme Court judges. [ABSTRACT FROM AUTHOR]

This article examines the contestation of indigeneity in colonial Cuba, focusing on the dismissal of Indigenous communities by Spanish officials and the challenges faced by these communities in asserting their heritage. It explores the process of deracination and diaspora that shaped indigeneity in Cuba, as well as the formation of Indigenous pueblos and the difficulties they encountered in establishing new roots. The text also highlights the persistence of Indigenous populations in colonial Cuba and their role in the economy, despite attempts to limit their labor. It discusses the historical context of two Cuban towns, Guanabacoa and Jiguaní, and their experiences with colonial encroachment and dispossession of Indigenous lands. While Guanabacoa lost its Indigenous jurisdiction and population due to the crown's support of colonists, Jiguaní successfully defended its rights through legal advocacy and the establishment of its own Indigenous cabildo. The article emphasizes the importance of legal knowledge and the power of location in Indigenous resistance to colonization in the Caribbean. [Extracted from the article]

Tensions between societal and legal norms regarding rape shape people's perceptions of the law and the use of various legal strategies. This article investigates what happens when a claim of rape is discredited, resulting in the claimant, instead, being prosecuted for presenting a false accusation. Based on the analysis of verdicts in cases of false accusations of rape, we identify four pathways into the criminal justice process for such cases and three turning points whereby an accusation of rape is contested by the police and instead prosecuted as a false accusation. We conclude that this seems to follow from the strength of the ideal that victims of rape are listened to and encouraged to come forward with their claims. [ABSTRACT FROM AUTHOR]

In Indonesian law, both individuals and legal entities such as corporations are recognized as legal subjects. Corporations, which are governed by civil law, are now increasingly associated with crime, particularly Corporate Crime. Although initially disputed, it is now accepted that legal entities can be involved in criminal acts and that corporations should be held accountable for their unlawful actions. Corporate Crime encompasses situations where corporations break the law for their benefit, often in disregard of applicable regulations and norms. This development marks a shift in criminal law from targeting individuals to also holding corporations accountable. Therefore, principles such as Vicarious Liability and Strict Liability become the basis for establishing legal liability for corporations. These principles ensure that corporations are responsible for their actions, similar to the liability imposed on individuals. Since the legal construction in Perma RI No. 13 Year 2016 is different from individuals, corporations require specific legal principles to regulate their liability. Concepts such as Vicarious Liability, Strict Liability, and others become important pillars in imposing responsibility on corporations. Recognizing corporations as perpetrators of criminal acts shows the evolution of the legal system to adjust to the complexity of modern business practices and uphold justice in an ever-changing society. [ABSTRACT FROM AUTHOR]

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

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

Copyright of Opuntia Brava is the property of Universidad de Ciencias Pedagogicas de Las Tunas, Centro de Documentacion e Informacion Pedagogica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Opuntia Brava is the property of Universidad de Ciencias Pedagogicas de Las Tunas, Centro de Documentacion e Informacion Pedagogica 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.)

The academic work is dedicated to the analysis of legal and political aspects of one of the ongoing prolonged conflicts that began after the end of the Cold War - the conflict in Transnistria. Compared to other post-Soviet conflicts, the armed clashes in the Transnistrian region at the onset of the conflict were not as destructive and large-scale, and the subsequent situation in the region has been predominantly characterized by stability. Nevertheless, the mere fact of the continuation of this conflict, which is referred to in scientific circles as one of the so-called "frozen conflicts," indicates that international efforts to resolve this conflict are clearly insufficient. As is known, negotiations for resolving the conflict in Transnistria are conducted in the "5+2" format and through separate specialized working groups. In the "5+2" format, a key role is played by mediators, represented by the OSCE, Ukraine, and Russia. Naturally, the most influential and authoritative mediator is the OSCE, represented by the Special Representative of the OSCE Chairperson-in-Office. The activities of the OSCE Mission to Moldova, established in early 1993, play an important role in the overall international efforts of the OSCE. In particular, the Mission's staff conduct field operations on Moldovan territories, through which numerous local incidents occurring on both sides of the Dniester River are effectively resolved. Therefore, such multifaceted activities of the OSCE in resolving the conflict in Transnistria provoke significant scientific discussions and debates. Studying the OSCE's practices, relying on the scientific works of scholars in the field of international law, gives this research a distinctive specificity among scientific works dedicated exclusively to the political aspects of the conflict in Transnistria. The central issue in the Transnistrian settlement is considered to be the question of Transnistria's status. This issue is the cause of numerous discussions between the parties, each of which offers its own narratives to justify its position. The legal arguments justifying this or that option for resolving the issue of Transnistria's status also vary significantly. Therefore, during the research, an analysis of legal norms was carried out that can serve as a basis for identifying the most objective options for resolving the status of Transnistria. The aim of the scientific article is to study the legal and political issues of the Transnistrian settlement and to identify the main shortcomings of international practice in resolving such conflicts. As a result of the research, the main factors hindering more effective OSCE activities in resolving the conflict in Transnistria were identified. [ABSTRACT FROM AUTHOR]

In this article, the concept of necessary defense is examined through the lens of timeliness, which is one of the most challenging aspects of justifiable self-defense. The relevance of this issue is heightened due to the importance and general complexity of interpreting and applying an individual's right to necessary defense in practice. This right serves as a guarantee for upholding justice and protecting an individual's life, health, or property when faced with aggression. The topic is significant for both practicing lawyers and scholars, as it touches upon fundamental principles of justice and jurisprudence. The article emphasizes timeliness as a crucial characteristic of necessary defense. Analysis of U.S. legislation and case law demonstrates that defensive actions must occur exclusively during the period of actual threat to be justified. In other words, protective actions should only last as long as the dangerous aggression persists, requiring immediate prevention or cessation. This includes moments of actual attack as well as the creation of a real threat of attack. Examining the concepts of "premature" and "belated" defense helps deepen our understanding of the legal framework surrounding timeliness. Premature defense refers to actions taken before the threat arises, leading to liability on general grounds. Belated defense occurs after the aggression has ceased, and the legitimacy of such actions depends on the defender's awareness of the absence of further threat. The conclusions presented in the article underscore the importance of timeliness in assessing the legitimacy of necessary defense. Timeliness not only prevents abuse of the right to self-defense but also contributes to fair and well-founded justice. Thus, timeliness stands as a fundamental characteristic that defines the boundaries of necessary defense and balances the right to protection with the demands of maintaining order. [ABSTRACT FROM AUTHOR]

The article discusses legislative novelties in the part concerning criminal liability for undergoing terrorist training. Thus, the Law of Ukraine «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine in Connection with the Ratification of the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism, as well as to Certain Legislative Acts of Ukraine on Improving the Fight against Terrorism» of March 21, 2023, No. 2997-IX Art. 258-4 of the Criminal Code of Ukraine has undergone significant changes. Based on the analysis of objective and subjective signs of the corpus delicti provided for in Art. 258-4 of the Criminal Code of Ukraine «Assistance to the commission of a terrorist act, training in terrorism», we have made the following conclusions regarding the training of terrorism as one of the forms of a socially dangerous act. First, terrorism training should be seen as a process, not an outcome. Such an approach will mean that the moment of the end of the criminal offense will be the very fact of the beginning of training. Terrorist training can only be done with direct intent. This means that the person is aware of the goals for which he or she has started his or her studies. In this context, terrorism training is greater in scope than related criminal offences. It is the subjective side that makes it possible to distinguish the training of terrorism from related socially dangerous acts. First of all, we are talking about preparing to commit a terrorist act. Thus, it is established that preparation for terrorist training includes not only preparation for the commission of a terrorist act, but also cases that are not related to a specific manifestation of a terrorist act. The authors disclosed other features that distinguish criminal acts related to terrorist training. This work also discloses the legislative shortcomings of the formulation of the conditions for exemption from criminal liability of a person who voluntarily refused further criminally illegal activity and reported it to a law enforcement agency. Ways to improve the legal norm in this part are proposed. [ABSTRACT FROM AUTHOR]

The article examines the functions of the norms of administrative law, which are presented in the modern theory of administrative law. It has been established that one of the key components of the goal-setting mechanism are the functions of the norms of administrative law. It has been found that over the past ten years, the functions of administrative law and the functions of administrative law norms have become the subject of research in many complex works, however, in the doctrine of administrative law, unified approaches regarding the definition of the content and classification of the functions of administrative law norms have not been formed. It is emphasized that the study of legal norms is limited to several blocks of questions: a) comparative characteristics of legal norms with other social rules of behavior; b) analysis of the structural elements of the legal norm with an indication of the peculiarities of the interaction between hypotheses, dispositions and sanctions; c) determination of the features of the rule of law, which allows for the formulation of an appropriate definition; d) classification of legal norms. Meanwhile, the content and classification of the functions of the norms of administrative law remain little-researched issues in the science of administrative law, which require special attention from lawyers, especially from the standpoint of the mutual influence and interrelationship of the functions of all elements of the national law system and the goal-setting of the norms of administrative law. It has been established that law is a systemic phenomenon, and therefore every element of this system affects its functionality. Therefore, it is possible to enrich and deepen the scientific understanding of the functions of law only through a systematic analysis of manifestations of law at the primary level (norm of law), at the level of legal institutions, at the level of branches of law, etc. Each level may have its own functional features, which are not always taken into account during the general characterization of law as one of the types of social rules of behavior. It was concluded that the functions of the norms of administrative law are the purposeful influence of the norms of administrative law on social relations, which is ensured by the appropriate set of legal means, and its effectiveness by comparing the obtained result with the goals set before the norm of administrative law. It was found that the following functions are basic for the norms of administrative law: 1) orientation function; 2) evaluation function; 3) target function; 4) motivational function. [ABSTRACT FROM AUTHOR]

In this article, the author examines the legal nature and content of the EU founding treaties in the part of their impact on the regulation of tax relations. Having the nature of international legal acts, the EU founding treaties emerge as a result of the treaty process. They are aimed at establishing the European Communities and the European Union itself with the relevant functions and tasks. As a result, these treaties form the legal basis for the functioning of the entire EU structure. They also create an international treaty-based integration mechanism for future members, which is carried out within the framework of the latter. This functional system is a set of international agreements that guide the development of integration processes for the entire association. In the context of demonstrating the taxlegal dimension of the EU founding treaties, we distinguish the understanding of the EU founding treaties in three aspects. Taken together, they will be defined as the result of the systemic action of specific legal and social factors that influence the nature, usefulness and appropriateness of the regulation of tax relations within the EU. Firstly, the founding treaty as the primary act of EU tax law itself is expressed in the fact that the legal norms enshrined in the founding treaties form the constitutional basis - the fundamental legal framework, the basis of the legal order of the European Union. It is a primary law that can be compared and equated with national constitutional provisions. The rules of primary law directly give rise to rights and obligations of both Member States and individuals (natural and legal) of these states, and this trend is no exception in the tax area. Today, the functioning of the legal order of the European Union is based on the Lisbon Treaty, which includes the Treaty on European Union and the Treaty on the Functioning of the European Union. They demonstrate the primary foundations of tax and legal regulation: the key feature of tax regulation is the fundamental principle of harmonisation of tax legislation of the EU Member States. This is implemented in the process of creating and using various legal forms (legal acts) that enshrine the rules of tax integration law created by EU legal institutions. Secondly, the founding treaty is an act of defining and establishing secondary acts of tax law. And this is reflected in the fact that the provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union, which relate to and define the basis of tax regulation within the EU, are both law-making and law-implementing. Thus, the tax-legal dimension of the EU founding treaties can be considered both as a rule-making constant of provisions that determine the specifics of legal acts envisaged by the founding treaties, their legal nature and peculiarities of adoption. Moreover, as a law enforcement constant of provisions regulating the harmonisation of taxation legislation, approximation of laws in this area and other provisions that may be relevant to taxation. Thirdly, the actual content of the founding treaty with tax-legal elements. This is because EU tax regulation is aimed at the continuous operation of the single market. Therefore, the enshrined legal provisions are mainly related to indirect taxation (value added tax, excise duties, import duties, energy and other environmental taxes). However, the provisions of EU tax law limit the sovereign taxation rights of EU Member States in the area of direct taxation mainly when the object or subject of taxation has a connection with two or more EU Member States. [ABSTRACT FROM AUTHOR]

The work is devoted to the study of property rights to objects of related rights created in the process of creating an official work. According to the current legislation of Ukraine, four objects of related rights are defined: a performance, a phonogram, a videogram, and a broadcasting organization program. The study of the question posed in the article is directly related to the understanding of the legal nature of the abovementioned objects. In order to form an appropriate approach to understanding, the work considers the legally defined definitions related to these objects, the subject composition in relation to these objects, since the understanding of the primary subjects of adjacent rights is extremely important in the context of the ownership of property rights, which according to the current relevant legislation is a performer, a producer of a phonogram, a producer of a videogram, a broadcasting organization. At the same time, it should be noted that according to the current legislation, the producer of phonograms and videograms is understood as a natural and/or legal person who took the initiative to create the relevant objects and bears the corresponding responsibility for it. At the same time, we note that there is no legislative definition of the producer of the broadcasting organization program and the production of the broadcasting organization program in the relevant Law. When researching the objects of related rights, the question of the originality of the corresponding objects is analyzed, the creative contribution of employees in the creation of such objects as a phonogram, a videogram, a broadcast organization program is emphasized. The relationship between objects of neighboring rights and objects of copyright is analyzed. A thorough study of the moment of emergence and exercise of related rights is carried out. When analyzing the relevant legal norm, attention is drawn to the fact that the corresponding article refers to the relevant provisions of copyright in the context of official work, while such an object of related rights as a program of a broadcasting organization remains in this aspect outside the attention of the legislator. The author distinguishes between labor relations regulated by an employment contract (contract) for the creation of relevant objects and civil-law relations in connection with the creation of an object of intellectual property rights. And finally, the importance of researching the question posed in the article and the features that arise in relation to the relevant objects is directly related to the prospect of further research into such issues as the disposal of relevant property rights. [ABSTRACT FROM AUTHOR]

The article provides an in-depth analysis of the principles of freedom of contract, which is a fundamental principle of civil law, from its historical origins to its current state and challenges. Beginning with Roman law, through medieval legal thought and codifications of the 19th century, the evolution of freedom of contract can be traced. Emphasis is placed on the works of prominent thinkers such as John Locke, Adam Smith, and Friedrich Hayek, who laid the foundations for understanding contractual autonomy and economic freedom. The implementation of directives and regulations, in particular the Directive on consumer rights (2011/83/EU) and the General Data Protection Regulation (GDPR), creates uniform standards for EU member states, contributing to the harmonization of legal norms and protection of the rights of participants in contractual relations. The influence of these norms on freedom of contract is analyzed, in particular the question of the balance between the autonomy of the parties and the need for state regulation. The contribution of Ukrainian jurists, such as Oleksandr Svyatotskyi, Nataliya Kuznetsova, and Vasyl Kravchuk, to the study of the principles of freedom of contract is considered. Their works contribute to the integration of Ukrainian legislation into the European legal field, which is an important step in the context of European integration. The article also outlines the modern challenges facing freedom of contract in the context of globalization and the digital economy. Issues of electronic contracts, protection of personal data, regulation of online trading platforms and digital services, as well as the role of social responsibility of companies are discussed. Problematic issues related to the restriction of freedom of contract, the need for state intervention and ensuring the equality of the parties to the contract are considered. Conclusions were made about the need for further research and development of legal doctrine, taking into account international experience and best practices. It is important to continue adapting contract law to new conditions, ensuring a balance between the autonomy of the parties and the protection of public interests in a globalized world. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the evolution of the role of the Council of the National Bank of Ukraine and the Chairman of the National Bank of Ukraine in terms of strengthening the independence of the National Bank of Ukraine. It was established that during 1999-2023, the range of subjects entrusted with the main task of the National Bank of Ukraine was changed - currently it is entrusted only to the Council of the National Bank of Ukraine, there were changes in the legal norms that determined the composition and procedure of forming the composition of the Council of the National Bank of Ukraine of the Bank of Ukraine, the term of office of the chairman of the National Bank of Ukraine was extended and the law was changed, which established the requirements for acceptance and dismissal from the position of the chairman of the National Bank of Ukraine - the requirements for this subject of law were strengthened. It has been established that the evolution of the role of the Council of the National Bank of Ukraine in terms of strengthening the independence of the National Bank of Ukraine is manifested in the fact that it was followed by the Parliament of Ukraine in a special law - the Law of Ukraine "On the National Bank of Ukraine" with the following powers: development of the main principles of monetary policy and implementation of control over the conduct of monetary policy; supervision of the internal control system of the National Bank of Ukraine. It is noted that the requirements of the legislation of Ukraine regarding the incompatibility of the position of a member of the Council of the National Bank of Ukraine with other types of his activities are currently debatable. It has been established that the evolution of the role of the Chairman of the National Bank of Ukraine in terms of strengthening the independence of the National Bank of Ukraine is manifested in the fact that the Parliament of Ukraine, in a special law - the Law of Ukraine "On the National Bank of Ukraine", changed the term of office of the Chairman of the National Bank of Ukraine, established legal norms that strengthen the requirements before his acceptance into office and dismissal from office, it is prohibited for the Head of the NBU to have a representative mandate/hold the position of head of a state authority or other state body (provided that one year has not passed since the day of dismissal from such a position), or to be the head of a political party or a member of the governing bodies of a political party, or be a manager/member of the governing body of a legal entity (with the exception of the NBU), or be a direct or indirect owner of any number of shares (parts, shares) of a legal entity. [ABSTRACT FROM AUTHOR]

It is indicated that the Basic Law of Ukraine enshrines the provision that everyone who is legally present in the territory of Ukraine is guaranteed the right to freely leave the territory of Ukraine, with the exception of restrictions established by law. The state has assumed the duty to affirm and ensure human rights, to guarantee the safety of life, including in conditions of martial law. The article examines certain aspects of the implementation of the right to freely leave the territory of Ukraine under martial law. The right to freedom of movement, in particular the right to leave the territory of the country, is an important element of constitutional human rights guaranteed by the Basic Law of Ukraine. Under martial law, this right becomes especially relevant, as national security and public order require special legal measures and restrictions. The legal norms regulating this issue are analyzed, in particular the Constitution of Ukraine and the domestic legal framework. The possibilities and limits of restrictions that may be imposed on the right to freely leave the territory of Ukraine during martial law are considered. The practice of applying these norms is being studied, in particular the procedures for obtaining travel permits, restrictions on certain categories of citizens, as well as the legal consequences of violating the established restrictions. Special attention is paid to the analysis of national legislation and law enforcement practices related to the restriction of the right to freedom of movement under martial law. Issues of ensuring a balance between national security and observance of the rights and freedoms of citizens, as well as legal mechanisms for protecting the rights of citizens in case of their violation, are considered. In the final part of the scientific article, it is emphasized that the right to freely leave the territory of Ukraine, guaranteed by the Constitution, must be ensured by the state authorities even in the conditions of martial law. Any restrictions on this right must be lawful, temporary, proportionate and aimed at ensuring the common good. Unlawful restrictions should be punished according to law. [ABSTRACT FROM AUTHOR]

In the article, the author reveals the features of the current state of scientific understanding of the phenomenon of law-making. It was noted that law-making occupies a special place in the activity of the state, the main purpose of which is the adoption, change and cancellation of legal norms formalized in the relevant forms of law. For law-making as a special form of legally significant activity carried out by authorized subjects (the people, subjects of public authority, public organizations), the question of its understanding remains important from a scientific point of view, which will allow a more accurate and comprehensive answer to the question of: 1) what exactly is created as a result of law-making; 2) what purpose it pursues; 3) what is its significance at the current stage of development of the legal system. Despite the fact that law-making has a long history of its scientific research and is currently represented by a wide range of approaches to understanding, it is worth noting that a clear doctrinal understanding of this phenomenon has not been developed in legal science. The presence of various approaches to its scientific understanding proves the multifacetedness of the studied phenomenon and requires strengthening the conceptualization of such scientific results. The above proves the relevance of the scientific development of law-making through the prism of its doctrinal understanding and the characteristics of the current state of its development. On the basis of a critical analysis of the views of scientists presented in legal science, which relate to the understanding of law-making, the author concluded that modern researchers justify the expediency of an expanded understanding of lawmaking, which is aimed not only at the creation of normative legal acts, but also other forms of law, in particular judicial precedents and international legal contracts and acts. It is proven that law-making is primarily a socio-cultural phenomenon, which is carried out in accordance with the interests of society, the state, etc. Therefore, the concept of «politics» plays an important role in understanding law-making, which characterizes law-making from the point of view of an independent sphere and direction of activity, which: 1) determines the content of law-making; 2) directs the work of responsible entities; 3) and most importantly, it ensures the gradual, objectively determined development of the legal system, statehood and civil society. [ABSTRACT FROM AUTHOR]

This article delves into the analysis of the legal mechanisms used to ensure the sovereignty of member states within the EU and NATO. The research methodology is not just a process but a comprehensive approach that involves analysing both organisations' essential documents and treaties and studying the practical application of legal mechanisms in different member states. The study's practical significance is not to be underestimated, as it aims to formulate recommendations for improving legal procedures that effectively enforce member states' sovereignty, thereby increasing security and stability. The article also highlights the impact of crime as a significant challenge to creating a stable society on peacebuilding and human rights. It covers the experience of EU and NATO member states in implementing and enforcing legal norms to protect national interests and sovereignty. [ABSTRACT FROM AUTHOR]

The issue of the role of the European Court of Human Rights in the formation of the procedures of criminal prosecution in Moldova is critically important for understanding the efficiency of the national justice system and determining strategies for its further improvement. The influence of the ECHR on criminal procedures directly influences the guarantee of human rights and the fairness of legal proceedings. The article aims to analyse the influence of the decisions of the ECHR on criminal justice in Moldova. Statistical methods of percentage ratios were used to evaluate crime dynamics, and characteristics of Moldova's legal system were formed based on the comparative analysis. The results found that complying with the European Convention on Human Rights will reduce crimes and increase trust in the legal system. The stable dynamics of crime reduction for 7% annually is observed based on statistical analysis. Recommendations of the ECHR and directions for improving criminal justice in Moldova were formed. The study results indicate the high efficiency of the changes made in national judicial practice. The perspective area is a study of the long-term influence of the decisions of the ECHR on the formation of legal norms and procedures in the criminal justice of Moldova. Special attention should be given to analysing the methods of integrating European standards into the Moldovan legal system with consideration of local peculiarities and needs. [ABSTRACT FROM AUTHOR]

Neuroscience and Islamic law intersect in a novel way, providing insights into the biological underpinnings of behavior and how they relate to the legal norms governing Muslim life. This study employs normative legal research, utilizing a variety of approaches, including conceptual, comparative, historical, and futuristic, to explore how brain function influences adherence to or deviation from Islamic law. This study aims to understand the motivations behind actions that comply with or contravene Islamic principles by analyzing how the brain responds to stimuli. Additionally, it delves into the concepts of responsibility and justice within Islamic jurisprudence, examining the impact of neurological conditions on an individual's accountability. Using content analysis to categorize legal materials, this study describes and prescribes ways in which a deeper understanding of neuroscience could inform legal decisions in complex cases. The goal is to gain a more thorough understanding of human behavior in the context of law and its broader implications for Muslim societies, potentially guiding the development of a legal system that integrates individuals' biological, psychological, and moral dimensions. [ABSTRACT FROM AUTHOR]

Air pollution poses severe risks to public health and the environment, with acts contributing to air contamination potentially constituting environmental crimes or public health offenses. This research examines the national legislations and international legal frameworks aimed at safeguarding atmospheric air quality and addressing air pollution-related offenses in Central Asian countries. Particular attention is given to legal provisions that establish emission standards, monitoring mechanisms, and punitive measures for violations. By exploring the genesis and implementation of these legal instruments, the research identifies potential gaps, inconsistencies, or weaknesses that may hinder the effective prosecution of environmental crimes associated with air pollution in the Central Asian region. This study contributes to the broader understanding of environmental criminology by examining the interplay between international norms, national legislations, and institutional structures in combating air pollution-related offenses. [ABSTRACT FROM AUTHOR]

The significance of the research lies in addressing the critical issue of judicial misinterpretation by the Supreme Court of the Republic of Kazakhstan, which is subsequently mirrored by subordinate courts, potentially infringing upon citizens' rights and freedoms. This study aims to thoroughly develop theoretical frameworks to enhance constitutional and legislative measures in Kazakhstan, thereby increasing the efficacy of legal norm interpretation and its impact on criminal justice administration. Utilizing analysis and comparative legal methods, this research examines various statutes and scholarly theories to ensure the theoretical and practical soundness, objectivity, and credibility of the findings. The investigation identifies legislative gaps, particularly in the Constitution of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan No. 480-V "On Legal Acts" and administration of criminal justice, proposing amendments for legislative enhancement and advocating for the incorporation of case law into the Kazakh legal system. [ABSTRACT FROM AUTHOR]

Purpose. Analysis of the theoretical and applied principles and economic and legal status of ensuring guarantees of the right to a favorable environment (GRFE), identification of legal norms in this area that require clarification and development of recommendations for their improvement. Methodology. The research used the dialectical methods to identify the need to change the conceptual legal basis of the GRFE. The hermeneutic method was used to establish normative links between the right to a safe environment and other human rights; formal and legal method – for provision of an additional GRFE instrument appeal to the International Criminal Court in the matter of environmental crimes in wartime. The systemic-structural method was applied to propose delictual legal links between the norms of environmental law and the norms of other branches of law, where the mechanisms for ensuring the GRFE are formed. The method of analysis and synthesis was to establish the fact that the possibility of implementation of the GRFE should be a component not only of environmental, but also of national security of the state. Findings. It is proposed to strengthen the imperative character of the legislative GRFE norms; establish regulatory links between the right to a safe environment and other human rights; to establish delictual legal links between the norms of environmental law and the norms of other branches of law, where the mechanisms for ensuring the GRFE are being formed; to strengthen the effectiveness of legal norms in this area. Legal measures are suggested to strengthen the GRFE and mechanisms which ensure the ability of citizens to realize the right to a favorable environment. It is noted that the possibility to implement the GHBD should be a component not only of environmental, but also of national security of the state. Originality. It is proposed to change the conceptual legal basis of the GRFE, directing it to the maintenance of natural balance, as a prerequisite for ensuring the quality of life. Practical value. The legal norms related to the GRFE, which can lead to legal conflicts, have been identified and ways of solving these problems have been proposed. [ABSTRACT FROM AUTHOR]

The article analyzes from a holistic perspective the theoretical and legislative references of the domestic public service from the Administrative Law of Water from comparative law, with emphasis on how the Cuban legislator regulated it in the water regulations, Law No. 124, that allows determining the impact of this non-compliance on the legislative gaps in the legal system studied. Theoretical and empirical methods, as well as techniques and procedures of scientific research, the doctrinal theoretical analysis of the categories involved in the delimitation of legislative gaps were used for its construction, based on the most representative theoretical references to conclude. As in the Cuban legal system, the public home service is protected, as other laws provide to follow the legal logic. That of analysis and synthesis, to systematize the main elements studied; comparative law, to know the regulatory treatment of the domestic public water service. The bibliographic review, to know the criteria of scholars on the subject. Results: the identification of legislative gaps in the aforementioned legal norm is provided and the omission of not regulating the public home service in the legal norms in the Cuban legal system is noted as an idea to defend in an adequate manner, incident to its future perfection by the of the legislator from the contribution of the comparative study. [ABSTRACT FROM AUTHOR]

The article carries out an analysis of the private entrepreneur and its conversion as a Limited Liability Company in Corporate Law, how it has been introduced into the Cuban legal system from its origins, characteristics as a new economic actor, elements that distinguish MSMEs, legal nature, social order conceived for the execution of commercial activities in joint trade acts with the public company, mandated from the constitutional text of 2019, in the update of the new Cuban social economic model. The methods used were the analysis, synthesis of materials from Commercial Law to break down the information, the logical history of the stages of Corporate Law of the SRL, induction deduction to deduce and arrive at elements of value judgments, the legal exegetical, the bibliographic review of materials on MSMEs, and the legal comparison of legal norms on the constitutive process of the commercial company. The analysis of the normative regulation of the MIPYMES in Cuba, as an actor in the productive development for its contribution to the generation of jobs, in the number of companies and, for its weight in the GDP of the country. Required preferential tax treatment, facilities for access to financial credit by the Bank, entities that oversee its development and promotion, that regulate the diversity of legal forms that they adopt as businesses in the legal system such as SRL, SURL or SL in attention to the Commercial Code and substantive law, and the need to issue a Business Law, which sets out the boundaries and demarcations with the public company. [ABSTRACT FROM AUTHOR]

The article examines the issue of bringing russia to justice for mass war crimes, crimes against humanity and acts of aggression committed during the full-scale invasion of Ukraine. The purpose of the work is to analyse the available legal instruments, to formulate a comprehensive approach to solving this problem and to search for effective information and legal mechanisms to ensure the inevitability of russia's punishment under international law. The research methodology is based on a systematic analysis of current international legal norms and procedures in the field of international humanitarian law. The relevance of the work is due to the unprecedented scale of war crimes committed by russia in Ukraine and the need to bring the perpetrators to justice in order to restore justice. The scientific novelty is that for the first time a comprehensive information and legal model for prosecuting and bringing to justice the aggressor state for war crimes is proposed. The paper analyses the current legal mechanisms for bringing Russia to justice for war crimes committed in Ukraine at the national and international levels. The practical role of the key institutions – the International Criminal Court and the European Court of Human Rights – in ensuring the inevitability of punishment for the russian federation is considered. Potential opportunities for russia to avoid responsibility are identified. The article proposes an information and legal model for the effective prosecution and bringing russia to justice for its act of aggression against Ukraine. The results obtained can be applied in the field of international criminal law and ensure compliance with international humanitarian law norms. The practical significance lies in the formation of a basis for specific actions by the international community to hold russia accountable for crimes in Ukraine. Despite all the difficulties, the international community should make every effort to bring the russian federation to justice in accordance with international law. The proposed information and legal model can be one of the effective tools to achieve this goal.

The article is devoted to one of the modern media trends in social networks – reels, short vertical explanatory videos created to inform the audience that receives information from mobile devices. The article emphasizes the popularity of this format of information provision and its demand, which is confirmed by the data from various sociological surveys. A preliminary analysis of scientific sources has shown a lack of research on media’s reels. Authors characterize the few works of scholars, mostly foreign researchers, which partially reveal this object. It was found that most of the articles about the reels were written by practitioners, particularly in the marketing field. The publication aims to analyze reels’ genre specifics and characterize the legal rules for their creation. The task is to reveal reels as a popular media video format on Instagram, their genre features, and compliance with legal norms. Adequate research methods have been used: analysis, observation, description, comparative analysis, analytical and synthetic information processing, induction, deduction, generalization, and systematization. The paper emphasizes the active use of media, particularly BBC News Ukraine, in social networks of a new genre of short vertical videos, i.e., reels that are explanatory and well-received by the audience. Reels are characterized by specific editing, with previews, information hooks at the beginning, dynamic narration against the background of rapid image changes, and encouragement of the audience to comment and go to the media’s website as their mandatory components. Captions and audio play an important role in their composition. The studied videos comply with the current international legislation on freedom of speech, particularly Article 10 of the European Convention on Human Rights. They also comply with the national norms of the laws «On Information» and «On Media», as well as with the bylaws on limiting the dissemination of information about the war. The BBC complies with copyright law when using audiovisual content from other sources. It is summarized that reels are a powerful media tool for informing the audience on Instagram and explaining complex issues, which is specific in terms of editing and composition, and it meets current legal standards. The author emphasizes the prospect of further comparative studies of media reels.

This annual chronicle includes the main jurisprudential and regulatory developments with relevance in the status of Basque language.

The definition of abuse (violence) is not only interpreted physically, but also mentally and even passively (neglect). It can be known, it is undeniable that on the other hand, Abuse in its implementation cannot be separated from the element of violence. Violence can be interpreted as wrong treatment, cruel treatment. In this regard, the problem is: how to enforce the law against sexual violence against children and how obstacles are to the implementation of law enforcement against sexual violence against children. The method used in this study uses a normative juridical method, namely research that focuses on finding legal norms, legal principles and legal doctrines to answer the legal issues to be studied. The results of this study found that the form of law enforcement used in this case uses a preventive method which prevents a person from committing a criminal act for the first time and also in the implementation of law enforcement there are still inhibiting factors that make the implementation of this law enforcement not run optimally, namely internal factors and external factors. Therefore, professional law enforcement is needed and also who can involve other stakeholders so that this law enforcement can run better. [ABSTRACT FROM AUTHOR]

The "balancing exercise" engaged in by judges in cases involving conflicts of rights can be analysed in rhetorical terms as a process for resolving rhetorical antinomies, where an antinomy is understood as a contradiction between two equally justifiable conclusions drawn from two or more equally applicable rules or principles. By investigating the possible responses to antinomies and identifying their types, we can better understand the process of judicial decision‐making and the ways which international and national courts justify their decisions. [ABSTRACT FROM AUTHOR]

This article attempts to illustrate the originality, depth, and farsightedness of Joseph Raz's conception, especially his idea that legal norms provide us with protected reasons to act, that is, with first‐order reasons to behave as they prescribe, and with second‐order, exclusionary reasons not to act for reasons against what they prescribe. But the article also highlights some aspects that raise doubts in my mind, especially with regard to the scope of these exclusionary reasons. This in two ways: by asking, on the one hand, in what sense and subject to what limits legal norms provide exclusionary reasons for the organs entrusted with applying the law, especially for judges, and on the other hand, how and to what extent legal norms provide citizens with exclusionary reasons. So, in recognizing the strength of the Razian conception, the article also points to some of the difficulties it faces. [ABSTRACT FROM AUTHOR]

It is known that fiqh thought arose and developed within the framework of the dialectic between ahl al-ra'y and ahl al-ḥadīth. In the literature of Islamic law, the opinion is widespread that Imām al-Shāfi'ī belongs to the school of ahl al-ḥadīth in this separation. This article first discussed the prerequisites that were adopted as the common basis for the four Islamic schools of law. Subsequently, reference was made to the differences of opinion, which mostly arose in the questionable area, and to what the difference lies between Imām al-Shāfi'ī's legal thought and the founders of the other schools of law. Finally, it was particularly highlighted what kind of Ra'y ability the Imām al-Shāfi'ī had. The first result of this article was that the sincere meaning of the revealed texts of Islam is only possible through the talent of fuqahā, which Imām al-Shāfi'ī wanted to realize with his Bayān theory. The Bayān theory of Imām al-Shāfi'ī enables a general view of the revealed texts and also the solution of the conflict problem among the mentioned texts. Furthermore, the Khabar (message) theory, which was discussed in detail in his work al-Risāla, is evidence of his rational legal mentality. In the context of this theory, it is also striking that Imām al-Shāfi'ī, when applying the individual traditions, is not content with the fact that these traditions were transmitted uninterrupted, but rather he only applies them under certain conditions. In the context of our topic, it is also striking that Imām al-Shāfi'ī takes the legal norms from the framework of legal principles, just like the ḥanafī scholars. An attempt made by the first to determine a rational content of consensus (ijmā') also belongs to Imām al-Shāfi'ī. Finally, the opinion that the religious-legal norms are based on certain reasons that make their existence possible was also discussed in his work al-Risāla. This opinion is particularly important because it incorporates the idea of causality and regularity in the field of law. [ABSTRACT FROM AUTHOR]

This article studies the contested legal–political dynamics around forced migration flows to and through an unrecognized state: the Turkish Republic of Northern Cyprus (TRNC). We adopt an analytical perspective drawn from the literature on performative politics and the legal anthropology of documents to explore how migration dynamics interact with the contested legal status of the TRNC. Our two main questions are: What practical shape do the human rights of refugees and asylum seekers take in an interstitial legal space, where the foundation of law is itself subject to ambiguity, suspension, and contestation? And what implications—opportunities and hazards—does this constellation have for refugees and asylum-seekers? Drawing on interviews, lived experience and fieldwork observations, we make two arguments. First, we contend that the interstitial status of the TRNC represents both an opportunity for refugees and a threat. Secondly, we argue that a purely legal or technical understanding of legal identity and concurrent rights is inadequate; we must subject these phenomena to a politically informed analysis of the everyday practices through which legal norms and spaces are continuously shaped and reshaped. [ABSTRACT FROM AUTHOR]

In the countries where we have the construction of the legal system with the new laws, the ambiguity of the legal norms in the new laws in some cases is almost inevitable. But commenting on laws and judicial practice will be of great help to bring about the implementation of all legal norms as was the intention of the legislator, because the correct interpretation of legal provisions is a necessity of any legal order that creates a legal security for all citizens equally. Of course, the object of legal interpretation or clarification is not only written legal-civil norms, but also those that are part of customary law. The issue of interpretation of laws currently represents a fundamental concern for citizens and legal institutions, looking for a smart and innovative approach to address this issue effectively and sustainably. In this context, this paper aims to identify and analyze the advantages and challenges of legal doctrine and interpretation in the contemporary context. [ABSTRACT FROM AUTHOR]

The Documentary Hypothesis proposed by Julius Wellhausen has sparked discussions for over a century. The core of this debate revolves around the perspective through which the creation of the Torah should be viewed. Previous studies have often neglected the focus on "people". The Torah was created by individuals and was profoundly influenced by the era in which they lived. In this specific study, instead of concentrating on the texts or historical background, we should focus on the "authors" or "redactors", exploring how they processed and created the texts under the influence of their times. In Jewish history, the destruction of the Northern Kingdom and the Southern Kingdom played a crucial role in the creation of the Torah. After the fall of the Northern Kingdom, the Deuteronomists, reflecting on historical lessons, formulated a set of legal norms for theology and society, which established theological standards for further interpreting and writing ancient Jewish history. Following the destruction of the Southern Kingdom, Diaspora group and Returnees, centered on reflecting on their catastrophes and responding to contemporary crises, further created and integrated texts of ancestral traditions and the Promised Land, embedding the historical memory of ancestors-land for the Jewish people. [ABSTRACT FROM AUTHOR]