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

Abstract\nPLAIN LANGUAGE SUMMARIESCorruption is a severe threat to society and the nation’s future. Consequently, in Indonesia, various regulations have been formulated and implemented as part of the anti-corruption legal framework. However, recent years have shown a weakening in anti-corruption efforts marked by the revision and non-enactment of several key regulations. The weakening trend is due to changes in the legal and political landscape surrounding corruption eradication. Therefore, this study aimed to analyze and understand the disruptions in the Indonesian anti-corruption legal framework. A legal analysis method was used which included examining existing laws, proposed legislative changes, and the impacts on anti-corruption efforts in Indonesia. The findings showed that the Indonesian anti-corruption legal system experienced significant disruptions, leading to diminished efforts in countering corruption. These disruptions originated from the accumulation of several revised regulations including the Corruption Eradication Commission Law, leniency towards corrupt offenders, minimal prison sentences, reduced fines, and delays in enacting asset forfeiture law. To address these challenges, policymakers are motivated to strengthen the substance of anti-corruption laws to enhance the effectiveness of law enforcement and promote stronger corruption eradication efforts.The problem of corruption in Indonesia represents a significant concern that has garnered considerable attention. Many studies have demonstrated the prevalence and gravity of corruption in Indonesia, with estimates indicating that it is a significant contributor to the country’s economic losses and a major drain on state resources. Nevertheless, this is not the primary objective of the present study. This study project is focused on examining several regulations related to the crime of corruption. The objective of this examination is to ascertain whether the pertinent regulations offer sufficient strength to facilitate the eradication of corruption, or whether the regulations are inadequate in this regard. The findings indicate that the regulations about the eradication of corruption in Indonesia are not becoming more powerful, but rather, are becoming weakened. This is a consequence of the accumulation of changes to existing regulations, and the absence of regulations that could play a pivotal role in preventing and eradicating corruption in Indonesia. [ABSTRACT FROM AUTHOR]

AbstractUnder what conditions can courts function as a bulwark against land grabbing? In light of ongoing concerns about corporate land grabbing, studies disagree about how and whether courts can resolve resulting land conflicts. This article addresses this debate, examining how Indonesia’s legal system deals with conflicts between rural communities and palm oil companies. Relying on 18 court judgments, it explores the legal strategies of those communities and individuals threatened by dispossession that have opted to litigate, as well as the protracted nature of the appeals process and the typically formalistic nature of the courts’ verdicts. It is found that judges rarely rule on the merits of a case; rather, they adopt a formalist approach to the law, which prioritises strict procedural correctness. This prompts an argument that the primary obstacle to substantive judicial outcomes and resolutions where land disputes are litigated is not Indonesia’s uncertain land law regime, but the disconnect between the competencies of lawyers representing communities in court and the excessively formalist approach of the judiciary. A vicious cycle has emerged: as legal formalism and an ambiguous legal framework have encouraged judges to rule on procedural grounds, Indonesian land law is being denied a substantive body of jurisprudence. [ABSTRACT FROM AUTHOR]

This paper explores the jurisprudential concepts of the reality competition series RuPaul's Drag Race (RPDR): how legal norms and aesthetics are intrinsic to the show’s structure, and how in turn RPDR queers, or ‘drags up’, legal language, symbols and concepts. We consider the jurisprudence of RPDR across three frames: (1) the structuring of its legal system through the framework of the reality competition, its rules, and the role of RuPaul as judge, jury and executioner; (2) legal and moral principles: how values including liberty and equality are represented in RPDR; (3) RPDR’s court system: how law is performed, and its aesthetics and culture parodied and reproduced. Through RPDR, concepts of legality are queered, manipulated and reproduced in ways that both reinforce and reproduce those legal concepts and aesthetics. We argue however that RPDR is unable to realize its potential for radically queer, transformative, counter-normative change. [ABSTRACT FROM AUTHOR]

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

This paper begins with the idea that English literature contains many explorations of the psychological processes of adoption. Although adoption is an intriguing narrative device, it could be argued that psychoanalysis adds further understanding of the deeper reasons for this. There is a long tradition of psychoanalysis being interested in literature and the paper traces the roots of this from Freud to more recent writers. A good exemplar of literature exploring adoption is found in many of the works of Charles Dickens such as David Copperfield, Great Expectations, Nicholas Nickleby and Oliver Twist. Although Bleak House is often regarded as being mainly about a dysfunctional legal system, the paper argues that it also contains a perceptive account of a child in the adoption process. Themes of ‘not knowing’, searching and re-unification, identity and the use of transitional objects are all present in this novel. Finally, the paper suggests that any clinicians working with the inner world could be enriched by paying close attention to the novelist’s imaginative exploration of the adoption process. This point is made through the consideration of the work of Jeremy Holmes. The therapeutic imagination could be enhanced by bringing the study of literature into the training and development of psychotherapists. [ABSTRACT FROM AUTHOR]

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

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

The article "The legal intrusion of risk" analyzes the relationship between risk and law from a sociological and legal perspective. The author, David San Martín Segura, explores how risk affects the conception of the legal system and proposes a critical reading of risk as a problem of rationalization that directly impacts law. Different theoretical frameworks are addressed, such as Critical Theory and Luhmann's systemic functionalism, to understand the legal implications of risk. Additionally, it examines how risk becomes a mechanism for constructing security as a political objective, highlighting the importance of understanding the technical and technological aspects of risk in the legal field. [Extracted from the article]

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

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

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

Fewer than 1% of United States' largest corrections facilities allow access to MOUD. The cascade of care is an organizing framework that quantifies treatment processes within and across systems of care ranging from screening to treatment discharge. This study highlights best practices for the implementation of MOUD across the cascade of care, addressing unique characteristics of legal settings and individuals within them. After reviewing best-practices for MOUD implementation in legal settings and examining jail and community provider's use of and goals toward improving these practices, this study concludes that despite interest from agencies to improve care considerable variation remains in treatment availability between agencies and within agencies at different stages of incarceration. Seamless systems of care require multiagency collaboration, staff and provider competency, and patient awareness of MOUD. These strategies will decrease punishment-oriented ideologies surrounding MOUD application in justice settings and improve access to resources that remove barriers to care. [ABSTRACT FROM AUTHOR]

Copyright Law is supposed to encourage authors to create works of authorship, both factual and fictional. However, Copyright jurisprudence has developed to only protect expression, and not idea, to ensure the continued dissemination of knowledge. In solidifying this belief, two doctrines--Fair Use and the idea/expression dichotomy--allow for individuals to utilize other works of authorship without it being considered copyright infringement. Though widely used throughout the judicial system, the analysis for both the second Fair Use factor--Nature of the Copyrighted Work--and the idea/expression dichotomy are left without clear guidelines, leaving judges with an insurmountable task of determining what is and is not protectable under copyright, unknowingly imposing subjective, value-based judgments. By establishing that the determination of what is protectable expression and unprotectable idea in the idea/expression dichotomy is the same as the second Fair Use factor's factual or fictional determination, this comment encourages courts to abandon the second factor in the Fair Use analysis, or require a more in-depth originality analysis of each individual work in the second factor. Through an analysis of four controversial and subjective, value-based Fair Use decisions, the unknown incentivization of fictional over fact-based works is revealed. [ABSTRACT FROM AUTHOR]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This article revisits the debate between inclusive and exclusive legal positivism, arguing that the question around which it is founded – about whether morality can function as a condition of legal validity – obscures a more basic and fundamental truth about the nature of law: that the norms composing a legal system's criteria of validity have a formal as opposed to substantive nature. Recognising this, I argue, helps to clarify some important aspects of the relationship between the ultimate norms of any legal system and its constitution. It also helps to explain away much of the debate between exclusive and inclusive positivism. [ABSTRACT FROM AUTHOR]

Within‐group apologies restore important values and afford victims their dignity; however, the system justification motive may cause group authorities to hesitate in apologizing or to include system‐justifying expressions to soothe the general public. Two studies were conducted, both on‐campus (Study 1) and off‐campus (Study 2), to empirically illustrate the public reception of within‐group apologies (victim‐focused and system‐challenging) and silence. The results indicate that higher levels of system justification are associated with more favorable attitudes toward responses from authority. For the general public (Study 2), high‐level justifiers supported the government's silence as much as the victim‐focused apology, maintaining trust despite perceiving unfairness. Conversely, low‐level justifiers, though negative overall, supported victim‐focused apology more than system‐challenging apology or silence. Additionally, the general public in Study 2 favored the victim‐focused apology over the system‐challenging one, rendering system‐justifying expressions unnecessary. We propose that authorities prioritize apologies emphasizing dignity and respect for victims, instead of fearing potential negative reception influenced by the system justification motive. [ABSTRACT FROM AUTHOR]

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

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

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

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

The judicial branch of government is fundamentally distinct from the executive and legislative branches. Legal norms governing judicial proceedings strictly limit external influence on the courts' decision-making process. Courts operate independently from other state bodies, are shielded from external interference, and function within a framework meticulously regulated by law. However, in practice, it is challenging to confine judicial proceedings entirely to a professional legal framework or eliminate all potential social influences on the process. The quality of a judiciary is a crucial indicator of the level of democracy within a state. Only a democratic state can establish the necessary conditions to build a self-governing and socially responsible judiciary that enables active public participation in the administration of justice. Such a state must ensure equal and unrestricted access to justice, maintain order in judicial proceedings, and guarantee that every participant can exercise their legal rights. A democratic society thrives on shared responsibility for the effective functioning of the state. By engaging in public governance processes, citizens contribute to the strengthening of democratic institutions, the protection of human rights, and the promotion of collective well-being. This article examines key legal and ethical aspects of the relationship between the judiciary and the public in democratic states. Particular emphasis is placed on analyzing the limitations imposed by the state to balance transparency with the protection of participants' rights during judicial proceedings. Public participation must adhere to order and defined boundaries. This principle is embraced by most modern democratic states, where laws outline not only the rights but also the obligations of citizens observing court proceedings. By doing so, these laws establish a legal framework that regulates public involvement in the judiciary's functioning. This article offers an original classification of the legal boundaries for public participation in the judiciary. [ABSTRACT FROM AUTHOR]

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

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

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

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

The article explores the role of mediation as a component of restorative justice within the penitentiary system of the United Kingdom. The study aims to examine the application of mediation in correctional facilities and assess its effectiveness in resolving conflicts and restoring justice among inmates and staff. General scientific methods of cognition, such as analysis, synthesis, comparison, generalization, and a systematic approach, were employed in the research. The findings demonstrate that mediation within the civil justice system of the UK serves as a crucial tool for the prompt and efficient resolution of disputes. It helps reduce the workload of courts, saves time and resources for participants, and fosters positive relationships between conflicting parties. One of the key advantages of mediation is its flexibility: it can take place in various formats, including face-to-face meetings, conferences, or indirect «shuttle» mediation, where the mediator relays messages between the parties. For small claims (up to £10,000), free mediation services are available, allowing parties to avoid court proceedings. In cases involving larger claims, external mediation services operating under professional standards set by industry organizations are engaged. The mediation process ensures neutral facilitation aimed at finding a compromise between the parties while maintaining the option to pursue legal action if an agreement is not reached. Significant attention is given to government initiatives promoting mandatory mediation as a stage in handling small claims. The government also plans to extend this practice to more substantial cases, enhancing access to justice and ensuring equal opportunities for all participants. The practical value of this study lies in the potential application of the UK's experience to develop the institution of mediation within penitentiary facilities and the judicial syste ms of other countries. [ABSTRACT FROM AUTHOR]

In modern legal systems aimed at the humanization of conflict resolution procedures and making justice more accessible to society, alternative methods of dispute resolution are gaining increased attention. Alternative Dispute Resolution (ADR), including mediation, arbitration, negotiations, and other forms of pre-litigation settlements, has become particularly significant against the backdrop of overburdened judicial systems, the complexity of traditional procedural mechanisms, and the rising costs of litigation. This situation necessitates a reevaluation of the roles and functions of professional legal institutions and participants in legal transactions, with notaries occupying a key position in this process. Traditionally, a notary, as a guarantor of the legality and authenticity of legal transactions, has been perceived primarily as a professional responsible for certifying legal facts, drafting agreements, and ensuring public trust in such documents. However, the evolution of the notarial institution in recent decades highlights a trend toward expanding its scope of functions and responsibilities. Increasingly, notaries are acting not only as «documenters» of the parties' intentions but also as mediators, advisors, and even «auxiliary arbitrators» in resolving disputes without judicial intervention. This balanced combination of traditional notarial functions and innovative approaches to out-of-court dispute resolution holds significant potential for enhancing the efficiency of legal systems and fostering public trust in legal institutions. This article aims to provide a comprehensive analysis of the theoretical foundations and practical aspects of the notary's role in the ADR system. It will explore the essence and characteristics of various ADR forms, delineate the competencies of notaries in these processes, and examine the current state of legal regulation and practical precedents of notarial involvement in out-of-court mechanisms for resolving legal disputes. The findings of this research will have both theoretical and practical implications, contributing to the improvement of legal norms, the development of recommendations for practicing notaries, and the establishment of a scientific and methodological framework for advancing the notarial institution as an active participant in the ADR system. [ABSTRACT FROM AUTHOR]

The article, based on current legislation, examines the formal grounds of jurisdiction in administrative proceedings. The object of the study is the set of administrative procedural legal relations that arise in relation to the competent court. The subject is the regularities of the emergence and development of administrative procedural legal relations regarding the jurisdiction of a legal case, which is caused by a dispute in the field of public administration. The methodology of the article is built on the basis of objectivity and systematicity of scientific analysis, which are based on general scientific and private scientific methods of cognition: dialectical, historical, formal-logical, comparative-legal, structuralsystemic and other methods of scientific research. The incompleteness and inconsistency of legal norms regulating one of the conditions for the implementation of the right to judicial protection - the issue of jurisdiction, practically create obstacles to the application of legal means of implementing this right. It is noted that the effectiveness of the functioning of the judicial system depends on the constructive resolution of controversial issues of jurisdiction at the legislative level, since the algorithm for determining the competent court is directly related to the balanced distribution of the burden on the judicial authorities and the implementation of the principle of accessibility of justice. Spheres of action of the institution of jurisdiction in administrative proceedings: vector, subject, territorial. Different subject jurisdiction of cases should assume a different procedure for consideration, since an error in jurisdiction actually entails the error of the entire procedural form. The concept of civil jurisdiction is determined not only around cases assigned by law to consideration in the first instance of a particular court, but by the scope of the rights and obligations of a particular court to consider and resolve the case, as well as the obligation of the parties to submit to the activities of the court that accepted the case for its proceedings. Otherwise, its content regarding jurisdiction cannot be fully disclosed. An essential feature of jurisdiction is the delimitation of competence between courts of first instance regarding the consideration and resolution of a specific administrative case. [ABSTRACT FROM AUTHOR]

The article analyzes the norms of the current legislation of Ukraine on administrative and legal regulation of the sphere of public control over the activities of judicial authorities. The peculiarities of ensuring the system of information openness and transparency of the activity of courts and judges for the public through the proper implementation of the multifaceted and multidirectional functionality of public control on issues of accessibility to public information and general organizational aspects of the practical implementation of the constitutional right of citizens to appeal are disclosed. The place of key subjects of public control is outlined, including public associations and media representatives, who play a decisive role in the field of monitoring the public sphere, detecting abuses by officials, promoting the implementation and protection of rights and freedoms, and the l egitimate interests of citizens. The principles of state policy in the field of formation of civil society institutions are defined, where the main principles include: the establishment of civil society as a guarantee of the democratic development of the state; strengthening of interaction between public authorities and citizens' associations, introduction of public control over government activities; ensuring the independent activity of citizens' associations; creation of conditions for ensuring the representation of citizens' interests in representative authorities; holding consultations with the public on important issues of the life of society, participation of the people in making socially important decisions. The importance of informational openness of public administration is argued, which is the key to establishing stable, fruitful and trusting cooperation of the population with representatives of the judicial system. Ensuring access to public information and guaranteeing the implementation of citizens' appeal mechanisms is of key importance. In this way, opportunities are provided to participate in the management of state and public affairs, to influence the improvement of the work of authorities, to defend their rights and legitimate interests and to restore the m in case of violation. [ABSTRACT FROM AUTHOR]

The article examines the conceptual foundations of the introduction of information technologies into the administrative justice system of Ukraine, in particular their role in increasing transparency and accessibility, which will contribute to increasing the effectiveness of the judicial system of Ukraine and strengthening its integration into European standards of justice. The main information platforms used in administrative courts are identified, such as the Unified Judicial Information and Telecommunication System and the «Electronic Court», which contribute to the automation of processes and reduce the bureaucratic burden, as well as significantly improve citizens' access to justice, allowing to submit documents and appeal to the court regardless of physical location. This is especially important in martial law, when access to judicial institutions can be difficult or dangerous. An analysis of the current regulatory framework, which regulates the use of electronic evidence in administrative cases, is carried out, its development and the need for improvement are indicated, in particular in terms of ensuring the authenticity and integrity of electronic evidence. In addition, considerable attention was paid to the issues of information security and data protection, which are critically important for the stable functioning of electronic justice and ensuring trust in its work by citizens and the professional community. Problematic aspects of digitalization of the judicial system are identified and prospects for further development are outlined, in particular, the use of artificial intelligence to improve the efficiency of justice. It mentions the issue of the legal status of electronic evidence, which is critical for legal proceedings in the digital age, and the need to ensure information security in the face of growing cyber threats. The novelty of the study lies in the comprehensive approach to assessing the impact of information technologies on administrative justice. The article highlights the need for further development of the regulatory framework, which should provide support for innovative approaches, as well as the need to ensure the continuous improvement of the qualifications of court employees for the proper functioning of the judicial system in conditions of digitalization. [ABSTRACT FROM AUTHOR]

The article is devoted to the problem of protecting the right to life of employees in the labor sphere at the state level, which is one of the key aspects of ensuring human rights in modern society. The right to life, enshrined in international instruments such as the Universal Declaration of Human Rights and the European Social Charter, and guaranteed by the Constitution of Ukraine, requires effective implementation, especially in the labor sphere, where employees face potential threats every day. The main attention in the article is paid to the analysis of legal mechanisms for protecting the right to life of employees, the effectiveness of state (legislative) protection for compliance with labor protection standards and the problems that arise in this area. The author emphasizes that in order to ensure the implementation and protection of human and civil rights and freedoms, the Constitution and legislation of Ukraine provide for the possibility of citizens taking certain actions, as well as the formation of a system of state bodies, the purpose of which is to assist citizens in the implementation and protection of their rights. Attention is paid to the theoretical aspects of the "category of state protection", which is quite complex and dynamic in its structure, since it combines a considerable subject composition and numerous legal instruments, and also provides for various forms of interaction in the process of implementing directly protective and security activities. Separately, it is established that the substantive content of the term "state protection" is inextricably linked with such a category as the legal (social) policy of the state, since it is the political course that determines the direction of protection carried out at the state level, as well as its basic and fundamental foundations. The author emphasizes the need to distinguish three forms of state protection of the right to life of employees in the labor sphere: legislative, executive and jurisdictional (judicial). In addition, within these forms, it is proposed to determine the so-called "limits of legal influence", which include public regulation and regulatory ordering. The article emphasizes that the objective prerequisite for legislative activity is a stable social need for a regulatory act, on the basis of which legal regulation of relations in the labor sphere and effective and unhindered use of rights within such legal relations is carried out. The study is aimed at developing a comprehensive approach to protecting the right to life of employees, which is of great importance for the legal system and social policy of Ukraine. It is concluded that the protection of the right to life in the labor sphere is an important task of the state, which requires a comprehensive approach, including legislative regulation, effective control, training of employees and moderni zation of production processes. [ABSTRACT FROM AUTHOR]

The article focuses on the importance of comparative analysis of legal systems of different countries for finding and implementing best practices in the field of bankruptcy. One of the key issues is ensuring effective protection of creditors' rights in the bankruptcy process. This aspect of regulation is not only an important tool for stabilizing national economies, but also an important element of international economic security, as it allows to prevent losses suffered by bona fide creditors due to the insolvency of debtors. It is emphasized that in Ukraine, given the crisis circumstances caused by military actions, further deterioration of the financial condition of both legal entities and individuals can be expected, and therefore, an increase in cases of insolvency. In this context, international experience becomes extremely useful for the further improvement of Ukrainian bankruptcy legislation, in particular, in the direction of expanding the rights of creditors, as well as increasing the effectiveness of protecting their interests. The main purpose of the article is a comparative analysis of the legal status of the creditor in bankruptcy cases in such countries as Germany, the USA, Great Britain and Ukraine. It is emphasized that each of the considered countries has specific approaches to the regulation of creditors' rights. For example, in Germany, according to the law, creditors can open a bankruptcy case, but their role in the process of managing the debtor's assets is limited. On the contrary, in the US, creditors have the opportunity to more actively influence the restructuring plan, but at the same time, the legislation provides ample opportunities to defend the interests of the debtor, significantly limiting the rights of creditors. The importance of the principles of the World Bank for the effective settlement of insolvency, which became the basis for improving national systems and ensuring the rights of creditors at the international level, is noted. For example, the provisions of the Code of Ukraine on bankruptcy procedures contain specific steps to strengthen the position of creditors by strengthening control over the liquidation mass, shortening the terms of procedures and increasing the transpare ncy of court processes. [ABSTRACT FROM AUTHOR]

The article comprehensively examines the mechanism of unilateral termination of a land lease agreement in Ukraine. The author substantiates the need to ensure a full-fledged possibility of unilateral termination of a land lease agreement. It is proved that the mechanism of unilateral termination of a land lease agreement ensures the realization of not only the private interests of the parties to the agreement, but also the public interests of the State. Attention is drawn to the need to improve the legislative framework for unilateral termination of a land lease agreement with a view to ensuring the possibility of out-of-court cancellation of the state registration of the lease right. The author considers the outlined issues in the context of the expediency of unloading the judicial system of Ukraine. The author identifies the incompleteness of legal regulation in this area, which necessitates improvement of current legisla tion. The author establishes that unilateral termination of a land lease agreement cannot be fully implemented out of court, since cancellation of the state registration of the lease right on this basis is not provided for by special legislation. It appears that the subjects of state registration still have the authority to cancel the state registration of the lease right in case of unilateral termination on the basis of current legislation. The author concludes that the impossibility of out-of-court cancellation of the state registration of a lease right in connection with a unilateral w ithdrawal from the contract is significant The author concludes that the impossibility of out-of-court cancellation of the state registration of the lease right due to unilateral withdrawal from the contract is a significant limitation on the parties exercise of their property rights and derivative rights. The author suggests ways to improve legislation with a view to ensuring the possibility of unilateral extrajudicial termination of a land lease agreement. The author analyzes the case law in the relevant categories of disputes and highlights the current legal positions of the Supreme Court. The author identifies effective ways of protecting rights in disputes concerning the cancellation of the state registration of the lease right. The author also reveals a complete legal algorithm for exercising the right to unilaterally terminate a land lease agreement in the current conditions and provides legal recommendations for practical application. [ABSTRACT FROM AUTHOR]