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Abstract: We argue that perceptions of the U.S. Supreme Court can be influenced by stimuli paired with state courts. People with low levels of court knowledge will exhibit an assimilation effect in which residing in a state with an elected supreme court increases perceptions of the Court being political. People with greater knowledge will demonstrate a contrast effect, meaning that the Court will be perceived as less political compared to an elected state court. Using existing survey data and a new survey experiment, we find evidence of the assimilation effect for low-knowledge participants. Our results imply that fundamental perceptions of the Supreme Court can be shaped by stimuli that are objectively unconnected to the Court, and that many people do not effectively differentiate between different types of court.

BackgroundBritish American Tobacco (BAT) released an industry-first human rights report in 2020, which extolled the efforts and objectives of the tobacco industry giant for promoting human rights. How BAT came to brand itself as a human rights champion, being a leader in an industry long accused of enabling human rights violations from leaf-to-stub including profiting from a product which inherently violates the right to health, is unknown. Exploring BAT's evolution through reviewing its materials and Tobacco Industry Documents could shed light on their development and what it means in the tobacco control and human rights context.MethodologyWe reviewed publicly available materials from BAT as well as conducted archival research in the Tobacco Industry Documents digital archives at University of California San Francisco. We focused on how and when BAT used terms such as 'human rights', 'right to health', 'sustainable development goal' and 'harm reduction' as well as 'Framework Convention on Tobacco Control'.ResultsWe reviewed 48 BAT publications and 45 documents from the Tobacco Industry Documents archives. These materials demonstrate both BAT's increasing utilisation of human rights language as well as BAT's reuse of the same language, concepts and general rhetoric. BAT has not engaged significantly or meaningfully on the human right to health.ConclusionBAT's increasing use of human rights rhetoric does not appear to reflect a shift in the company's human rights positions, particularly with respect to the right to health of consumers and BAT's lack of impactful measures to eliminate the harms of its tobacco products.

The article examines the scientific and practical problems of using mediation to resolve disputes in the sphere of providing state support to agriculture. The sub-branch of agricultural protection legislation is one of the most problematic in modern agrarian legislation of Ukraine. In particular, relations of support of agricultural commodity producers give rise to a significant number of disputes and conflicts. This is explained by several factors: a) a significant number of involved entities with different legal statuses; b) a wide range of agricultural protection legal mechanisms, which have different legal nature; c) a high degree of interest of subjects in receiving state support; d) the imperfection of legislative provisions, which creates fertile ground for controversial situations. Despite the fact that state support covers assistance measures, it should be emphasized that the conflict of these relations is quite high due to the competitive principles of provision, limited budgetary or other funding, short-term programs, etc. In this regard, the number of disputes in the field of agro-protection remains stable at a high level, requiring additional scientific and practical investigations in the direction of the formation of alternative ways of solving them. Taking into account the widespread tendency to in-depth study of mediation as the most well-known way to settle a dispute out of court, the question of the possibility and legality of applying this procedure to agro-protection disputes naturally arises. Based on the conducted research, some conclusions can be drawn. Disputes arising in the field of providing state support to agriculture, depending on the subjects and the legal nature of the relationship, are divided into three categories characterized by different degrees of the possibility of using mediation: a) institutional and functional category of disputes - disputes between subjects of power (non-mediable); b) power-administrative category of disputes - disputes between subjects of power (or special persons of public law) and private persons - recipients of support (limitedly mediatable); c) partner category of disputes - disputes that arise on the basis of contractual forms of providing state supp ort (conditionally mediated). [ABSTRACT FROM AUTHOR]

The article examines the issues of participation of the National Police of Ukraine in contractual relations. It is noted that the bodies of the National Police of Ukraine, being participants in contractual relations, take part in such relations not as state authorities endowed with certain powers, but as subjects of public law - legal entities. It is emphasized that based on the legal status of the National Police of Ukraine, contracts with their participation must be separated from the system of similar economic obligations. It is emphasized that such contractual relations have certain features, starting from the grounds of origin, content, procedure of conclusion, design to the specifics of responsibility for non-fulfillment or improper fulfillment of a contractual obligation. It is substantiated that the competence of the National Police of Ukraine is determined not by general legislation, but by special ones. Therefore, it is important to clearly establish such powers in the relevant regulatory acts. The granting of economic competence to the bodies of the National Police of Ukraine provides for the realization of those rights and obligations aimed at the implementation and fulfillment of the tasks before them. As legal entities, they can participate in such contractual relations, which are aimed at achieving the tasks set before them. Granting the bodies of the National Police of Ukraine the rights and obligations of a legal entity under public law ensures their normal functioning as participants in contractual relations It was determined that the bodies of the National Police of Ukraine carry out contractual activities on the basis of a set of general normative acts devoted to contractual legal relations, by-laws adopted by state bodies with special competence and departmental acts regulating the organization and powers of the bodies of the National Police of Ukraine. [ABSTRACT FROM AUTHOR]

For many political constitutionalists, the ordinary democratic process should be the constitution; constitutional entrenchment and strong-form judicial review should be avoided. But how is ordinary democratic politics understood by political constitutionalists? To answer this question, this article engages in an interpretative inquiry to delineate four distinct ideological readings of political constitutionalism—democratic socialist, liberal, republican and conservative—that are alive within the existing literature. It does so to explain how these readings articulate subtly different understandings of ordinary democratic politics. In doing so, it reflects on how to identify political constitutionalist thought; how political constitutionalism can appeal to different ideologies; how ideologies have influenced the theory's intellectual development; and the ideological conditions required to sustain a political constitution. [ABSTRACT FROM AUTHOR]

It is noted that the active development of social relations influenced the renewal of the doctrinal foundations of Ukrainian administrative law, as a result of which there are constant discussions in the modern science of administrative law of Ukraine, including those directly related to administrative-legal relations. The perspectives of administrative and legal science, as well as the branches of administrative law, are related to modern tasks that science sets before itself in accordance with social requirements, which must be solved, including through the application of measures. It is noted that administrative law regulates a significant number of various social relations, among which a special place is occupied by administrative-delict relations, which cover a variety of relations, which are covered by the norms of administrative law, which is currently in the stage of systemic reform and is mostly related to relations regarding ensuring the realization of human and citizen rights and freedoms, consideration of administrative disputes, application of measures of administrative responsibility, bringing to disciplinary responsibility persons under public law. Attention is drawn to attempts to reform the administrative-tort legislation, since the codified act of administrative-tort legislation adopted during the Soviet era does not meet the realities and requirements of today. Therefore, the issue of updating the administrativedelict legislation occupies a prominent place in the scientific developments of domestic jurists. Existing scientific discussions on the separation of administrative-tort law into an independent branch of law exist to this day, but we must state that, despite its own specificity, administrative-tort law performs a significant number of various functions (regulatory, binding, permissive, protective, educational, etc., is a sub-branch of administrative law, which has a special subject of legal regulation, which is a set of legal norms regulating relations arising from the doctrine of administrative tort. It is emphasized that the formation of modern administrative and tort law involves interaction with the institutions of administrative responsibility provided for by the sectoral norms of laws, which may include the procedure for bringing a person to administrative responsibility, which is completely different from that regulated by the Code of Ukraine on administrative offenses, which requires new theoretical views on establishing a system of administrative penalties. [ABSTRACT FROM AUTHOR]

Aiming to address harmful impacts of transnational business operations, legislation requiring companies to exercise human rights and environmental due diligence is on the rise in several jurisdictions. This article examines the EU Corporate Sustainability Due Diligence Directive (CSDDD) and its obligations on large companies domiciled or operating in the EU to cascade demands drawn from international soft law onto business partners, including those in third countries, as examples of transnational law. Emphasising the international law origin of the risk-based due diligence approach, it demonstrates that the CSDDD fits the understanding of transnational law as being public law, targeting private actors, concerned with human rights and the environment in the context of business operations, and inducing companies to advance the normative ideals drawn from international law through private forms of law targeting value chains operations. Moreover, it outlines implication for evolving transnational law theory to accommodate the proliferation of such laws. [ABSTRACT FROM AUTHOR]

In this article, we study the fragmented approach of two Indian statutes, namely, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (“FRA 2006”) and the Geographical Indications of Goods (Registration and Protection) Act 1999 (“GIA 1999”). The article critically examines the labour law approach under the FRA 2006 and intellectual property ownership under the GIA 1999 with a specific focus on the production and commercialization of non-timber forest produce. The analysis leads to an argument for an integrated approach that starts with recognizing the agency of the communities, followed by guaranteeing protections under the labour rights approach and integrated protection through GIs. The integrated approach would facilitate cooperative experiments that go beyond strict private and public law distinctions. This can offer sustainable livelihood opportunities for forest-dwelling communities. [ABSTRACT FROM AUTHOR]

The article explores the major criminological indicators that illustrate the practical application of criminal law provisions establishing liability for corruption crimes in official activities that are committed by officials of legal entities under public law. By analyzing the provisions of the notes to Articles 45 and 364 of the Criminal Code of Ukraine, along with the features characterizing the perpetrators of crimes in the sphere of official activities, the author outlines the range of criminal offenses in the area under study. These offenses include, in particular, abuse of power or official position (Article 364 of the CC of Ukraine); acceptance of an offer or promise, or receipt of an undue benefit by an official (Article 368 of the CC of Ukraine), and unlawful enrichment (Articles 3681, 3682, 3685 of the CC of Ukraine). Based on official statistical sources (the Office of the Prosecutor General and the State Judicial Administration of Ukraine), the author conducted a long-term criminological analysis of the situation with the crimes under study and determined the absolute, average, and relative values in the period from 2016 to 2023, as well as the indicators reflecting the correlation between the number of recorded criminal offenses and the number of detected and convicted persons for each type of crime rime in this category. The calculated indicators revealed a dramatic gap between the number of recorded criminal offenses and the number of detected persons, as well as the number of detected and convicted persons. This discrepancy suggests that the criminal justice system has low efficiency in combating crimes of the studied category, with the real scale of these offenses, given their significant latency, far exceeding the officially recorded indicators. The study conducted by the author holds an independent value both for scientific purposes and for law enforcement activities and provides the relevant basis for information support in combating corruption crimes in official activities that are committed by officials of legal entities under public law; most importantly, it provides a clear understanding and assessment of the efficiency of the relevant criminal law provisions and serves as a prerequisite for developing the measures to improve the efficiency of criminal justice authorities in this area. [ABSTRACT FROM AUTHOR]

Problems of legal regulation of requisitioned property of business entities. The article focuses on the problematic aspects of the practical side of property requisition from business entities. The authors define the legal grounds for the procedure of alienation of selected objects. According to the current legislation, the author outlines the rights of the owner and possible alternatives for obtaining compensation in monetary equivalent, property in exchange for similar functional purposes or return of the alienated property. The list of entities of state authorities and local self-government bodies which are authorized to make decisions on the alienation of property for defense needs is specified. The authors analyse the moment when requisitioned property becomes the property of the State and consider the expediency of real estate appraisal of alienated property in terms of mandatory, timely and objective assessment in proportion to the real market value. Based on the research conducted, in particular, the analysis of court practice, authors provide the grounds for owners of requisitioned property to apply to courts to protect their violated rights and legal interests. Among them: making a decision on requisitioning by an entity that did not have legal grounds for it, in particular, this applies to local military administrations. It is noted that at the stage of applying to court, the problem of determining the jurisdiction of the dispute arises, since there is both an element of a public law dispute (appeal against actions or inaction of public authorities) and a private law aspect (the dispute concerns property owned by a business entity). Authors focus on the fact that in the context of the introduction of the legal status of martial law, it is imperatively determined that only the military command is authorized to make decisions on the requisition of certain property. Specific features of making relevant decisions (orders, instructions), which certainly depends on the territory where such property is located are considered. The research analyzes the legal positions of the Supreme Court regarding the jurisdiction of these disputes and proposes to define the relevant rules at the legislative level, inter alia, by the legal status of the owner of the requisitioned property. [ABSTRACT FROM AUTHOR]

The transfer of residence (aka child removal) when domestic abuse is a factor appears to have increased as a practice to resolve challenging child arrangements in public and private law proceedings. Minimal data exists regarding the transfer of residence in public law and the number of private law orders made each year is less clear. Serious concerns about the safety of the family courts continue to be raised, including expert reports recommending the transfer of residency. Following, often harrowing, removals mothers report how they are left to manage complex needs while still being expected to ‘fight’ for their child’s return. In 2022, Project Lighthouse was founded in response to the growing population of mothers who have endured domestic abuse and child removal The charity is beginning to understand the impact and lifelong trauma caused by child removal and, often, is a mechanism of coercive control hidden in plain sight of the family court. Focusing mainly on doctoral and peer research, this paper discusses how mothers’ lived experiences suggest that child removal in private law proceedings is increasing. The paper concludes by calling for urgent research focusing on the impact of child removal, which will help increase much needed awareness. [ABSTRACT FROM AUTHOR]

The article discusses the case of A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd, focusing on the interpretation of statutory requirements and the consequences of non-compliance. It highlights the importance of determining Parliament's intent in cases of procedural errors, emphasizing the need for a nuanced analysis rather than rigid distinctions between mandatory and directory requirements. The Supreme Court's judgment in this case clarifies that the same analytical framework should be applied across all areas of law, regardless of whether they concern public or private law rights. The article also points out the potential for increased disputes over the effects of non-compliance due to the lack of specific consequences outlined in statutes, urging for clarity in legislation to prevent such disputes. [Extracted from the article]

The contribution deals critically with the issue of citizenship and children's rights, identifying a silent void starting from the change we have witnessed with the progressive questioning of the principles, secular, and religious, of adult authority and the sacrosanct affirmation rights of minors and their defence against violence and abuse. This questioning, for example in Italy, took the form of the abolition of the concept of patria potestatis, replaced with that of parental responsibility. However, looking at the juridical, pedagogical, and children's literature, it seems that in the face of numerous publications which speak of children's rights, very few are those that deal with the theme of (any?) the duties of minors. [ABSTRACT FROM AUTHOR]

IMPACT: This article investigates the autonomy and control of municipally owned corporations (MOCs) in the context of two centralized states: Turkey and Israel. It identifies the strategic and operational autonomy of MOCs, referring to logics of appropriateness and consequentiality explanations for factual autonomy. The study emphasizes the hybrid nature of most MOCs, subject to both private and public law. It proposes a new typology based on MOCs' legal structures to address limitations of current typologies. The comparative analysis using the new typology provides nuanced understanding of MOC autonomy in centralized states and equips practitioners with insights that can lead to tangible improvements. Results may steer further comparative research to identify broader patterns of control in MOC governance. They also provide practitioners and policy-makers with insights on fostering more efficient and effective MOC governance, and proposing evidence-based policy recommendations that balance the autonomy and control of MOCs. Corporatization of local government is a common practice in centralized states, where municipally owned corporations (MOCs) can increase local autonomy and generate independent municipal revenue. The authors' comparative analysis of MOC autonomy in Turkey and Israel shows that, in traditional service areas, public accountability is prioritized over performance in MOCs. The traditional distinction between MOCs based on public law and private law was found to be inadequate, as most MOCs are hybrid and subject to both public and private law. The findings highlight the importance of central government control as a key driver behind MOC autonomy formation. This research contributes to the agency, local government and MOC literatures by introducing a new MOC typology based on factual autonomy which can be operationalized to study cross-sectional and cross-sectoral patterns for MOC autonomy. [ABSTRACT FROM AUTHOR]

The military detention facility at the Guantánamo Bay naval base is the most enduring manifestation of the US “war on terror.” It is also materially and symbolically central to US torture, war crimes, and other egregious violations of law in the post-9/11 era. Since the first detainees arrived in 2002, Guantánamo has been the subject of controversy and debate, as well as a key setting for legal challenges to government policies. This article traces the legacy of the prison and the military commissions across four administrations. It demonstrates that the lack of a common understanding or shared narrative about what Guantánamo means or has meant is a product of entrenched partisanship that characterizes contemporary US politics more broadly. Guantánamo's confounding legacy reflects the lack of a national consensus about the role of laws and courts as guarantors of even the most basic rights.

One of the priority tasks of reforming law enforcement agencies is to build a preventive mechanism based on the observance of human and civil rights and freedoms, protection of society from violence and discrimination, and creation of barrier-free space for people with limited mobility. The multidimensional nature and complexity of the issues requiring statutory regulation in these areas determine the relevance of the subject under study. The purpose of this study was to model the administrative legal mechanism of police activity in which human rights would be optimally and effectively implemented. To fulfil this purpose, the methodology used included a combination of comparative rule-making, system analysis, internal and external induction, constructive cognition and content analysis. It was found that the observance of human rights in police activities is inextricably linked to the implementation of the rule of law and the provision of protective police services. Numerous cases of violations revealed during journalistic investigations and widely discussed by the public have become one of the reasons for the rapid decline in public trust in state law enforcement institutions, and as a result, a substantial obstacle to Ukraine’s integration into the European space. The study analysed the key reasons affecting the effectiveness of administrative legal strategies for ensuring a human rights-based approach in the practical activities of the National Police bodies (units). Specifically, these include transition processes related to the harmonisation of national legislation with international and European standards, low level of material and social security of police officers, insufficient level of professionalism, influence of negative environment, narrow understanding of administrative legal activities in the field of human rights related to the prevention of administrative and criminal offences. The study concluded that the principles of the rule of law, respect for human rights and freedoms and partnership-based interaction with the public are crucial and interrelated in the preventive activities of police. The study outlined the key areas of improvement of national legislation in the field of development and/or optimisation of administrative legal systems for ensuring the functioning of organisational, technical, information, and economic resources as guarantees of the implementation of the declared constitutional rights and freedoms. The results of this study can be used to formulate and improve the norms of national legislation that regulate the activities of law enforcement agencies and determine the content of its guidelines

The relevance of the subject under study lies in the fact that under martial law, the problem of robberies against citizens’ homes is exacerbated, specifically, their danger increases due to the greater probability of members of an organised criminal group having firearms than in peacetime. The purpose of this study was to identify the characteristics of robberies against residential premises in rural areas committed by organised groups, to establish the factors which influence the choice of the victim of a future attack by the perpetrators, and to identify preventive measures to reduce the commission of such crimes. To address these issues, the study employed a set of methods of scientific cognition: systemic-structural, comparative, statistical, and systemic. The study found that a characteristic feature of such attacks is that they are committed by a group consisting mainly of fellow villagers with internally stable, long-term, trusting relationships, with a willingness to systematically commit violent crimes against individuals. They are characterised by a hierarchy and preparation for robberies in rural areas. It was established that during preparation for a robbery, to obtain the necessary information, offenders often study the routes of the village, find out information about its inhabitants, and select a victim. They can even speak directly to the potential victim and/or their neighbours. Therefore, interviewing villagers during the investigation of such a criminal offence is a significant step in identifying the perpetrators. The study identified factors that influence the commission of robberies in rural areas (presence of valuable property of the victim; remoteness of their residence, absence of neighbours; planned power outages, physically vulnerable person, etc.). To commit attacks on people’s homes in rural areas, attackers choose several villages in relatively familiar areas, which may be located in one region or in another region with which they border. It was noted that this complicates the work of law enforcement agencies in investigating this type of crime. The practical value of this study lies in the consideration by law enforcement officers of the theoretical results of this study regarding the impact on the choice of victims by criminals and the established characteristics inherent in such robberies

The relevance of this study lies in the fact that the legal systems of states that recognise and enforce the rule of law are increasingly subject to integration influence: the general requirements of rule-making are unified and ensured by the common obligations of the member states of international communities. The purpose of this study was to conduct a logical and legal analysis of legal reservations as a means of designing (constructing) legal norms to fulfil the purpose of the principle of legal certainty in national legislation. The study employed various methods of scientific cognition, including axiological, analytical, systemic, special legal, hermeneutical, logical, modelling, etc. The use of these methods has provided the basis for the scientific hypothesis regarding the composition of the principle of legal certainty and the nature of legal reservations. The study summarised that the principle of legal certainty as a component of the rule of law is based on the concept of predictability, which is achieved by ensuring clarity, unambiguity, and comprehensibility of legal provisions, and completeness of their content in the normative forms of national legislation. It was found that the requirements of the legal certainty principle can be met by applying a unified technique of rule-making, structuring, and formulation of regulatory provisions, where legal reservations are given a significant importance. The study identified and characterised the crucial features of legal reservations through understanding them as an element of rule- making technique in fulfilling the purpose of the European principle of legal certainty. The study outlined the essential properties of legal reservations and general requirements to them. The legal reservations are defined in the rules of law of national legislation as an element of rule-making technique, the content of which is determined by the social purpose of law. The study proved that they take the form of linguistic constructions, specify the purpose of a legal provision and the limits of its effect, and ensure the accuracy and predictability of a regulatory prescription. The findings of this study are of practical significance, as they can be used in research – for further investigation of topical issues of rulemaking technique, in lawmaking work – in the development of regulations

As of 2024, the use of alternative dispute resolution is becoming increasingly relevant caused by the complicated access to justice due to martial law. The purpose of this study was to analyse the historical experience of using negotiations in Ukraine from the Middle Ages to the present day and to identify the vectors for further development of this institution. Both general scientific and special scientific methods were employed: formal legal and comparative legal methods. It was found that the term “negotiation” can be used in several meanings: 1) the process of reaching an agreement; 2) the stage of court proceedings; 3) the stage of mediation, conciliation, or other methods of alternative dispute resolution; 4) a separate method of alternative dispute resolution. As the times of Kyivan Rus, the Ruska Pravda prescribed an analogue of negotiations – the replacement of blood revenge with a payoff; in the 16th-century Lithuanian statutes, the negotiation process was called “unity”. The “Rights by which the Little Russian people are judged” of the mid-18th century defined two forms of documents drafted as a result of negotiations: a conciliation agreement (without the participation of mediators) and a conciliation verdict (with the participation of mediators). During the Soviet era, legislation tended to establish the right to judicial protection depending on the previous use of alternative dispute resolution. However, since Ukraine’s independence, this trend has changed, and the law now prescribes the right of everyone to choose how to protect their rights. Further vectors for the development of the institution of negotiations in Ukraine may include the introduction of various types of platforms for remote participation in the negotiation process, as well as the development of the legal framework towards detailing negotiation procedures. The findings of this study can be used in teaching disciplines of the historical and legal cycle in higher education institutions of Ukraine, as well as for further forecasting the development of this institution and its improvement

The intensification of legal development, increased interpenetration of legal systems, and transformation of legal and state phenomena in the context of globalisation and integration processes necessitate the investigation of the nature of judicial lawmaking and judicial reform and their correlation. The purpose of this study was to theorise the relationship between judicial lawmaking and judicial reform. This study was based on the historical, formal legal, and comparative methods employed in the context of natural law, positivist, sociological approaches, integrative type of legal understanding, theories of lawmaking and justice. The principal findings of this study lie in substantiation of a series of theoretical provisions on judicial lawmaking and judicial reform. It was found that the legal nature of judicial lawmaking is profound and multifaceted. Judicial lawmaking and judicial reform are closely interrelated. One of the manifestations of this interaction is that the introduction of judicial lawmaking is a task, vector, or result of judicial reform. The study proved that judicial lawmaking is a significant achievement of judicial reform, and not a side effect of the transformation of the judicial system. Judicial lawmaking is an essential factor that substantially affects judicial reform in material, procedural, and organisational aspects. Judicial reform, as an independent type of state transformation, is a crucial area of state- building and is aimed at transforming justice into a fair mechanism for resolving legal conflicts and disputes based on the rule of law. With each stage of judicial reform in Ukraine, the need for official recognition of judicial lawmaking becomes more urgent. The 2016 judicial reform did not positively resolve this issue. As of 2024, the need to introduce judicial lawmaking is mostly recognised at the doctrinal level, but the legislating body denies it, although there are various manifestations of the applied use of the lawmaking potential of courts in the national legal system of Ukraine. The practical value of the findings is that the highest authorities of Ukraine can use them to improve the efficiency of lawmaking, justice, and the transformation of the judicial system

The significance of this study lies in recognizing the crucial role grants play within the social fabric of Indonesian communities. Despite their importance, grants, particularly in the context of land inheritance, often pose challenges, leading to complications such as the potential for withdrawal or annulment. This research aimed to dissect and comprehend the legal ramifications of verbal agreements made prior to the formulation of a grant deed, especially focusing on how such agreements influence the withdrawal of land ownership rights, as illustrated by the decision of the Kupang High Court (Case No. 23/Pdt/2017/PT.KPG). Employing a normative legal research approach, this investigation delves into secondary data and legal literature to interpret the law both as it is written and as it governs societal behavior. A comparative analysis of similar cases provides additional insights, revealing how varying interpretations of verbal agreements can impact the enforceability of grant deeds across different jurisdictions. This study proposed a detailed analysis, asserting the necessity for clearly defining real evidence in the form of authentic deeds. These deeds serve not only as conclusive proof of land ownership but also as a foundational element for any modifications to such ownership, premised on the mutual consent and responsibilities undertaken by both the grantor and grantee during the deedʼs creation. The grant deed emerges as a pivotal document, ensuring the granteeʼs rights over the land, predicated on the lawful acts executed by both parties involved in the transaction. By exploring these aspects, the research offers insights into enhancing the legal framework surrounding grants, aiming to mitigate the issues arising from oral agreements in land transactions

The right to work is one of the fundamental human rights guaranteed by international documents and the constitutions of most countries, including Ukraine. However, the conditions and restrictions relating to the right to work under martial law may change. Due to the constant threat to Ukraine’s independence, as well as to the lives and health of its citizens, the regulation of labour relations is substantially different from peacetime, which requires scientific substantiation. The purpose of this study was to outline the key provisions of labour law relating to the person’s exercise of the right to work according to the social and legal vector of the state’s activities under the legal regime of martial law. The study demonstrated the significance of ensuring stability and security under martial law but emphasised the temporary nature of restrictive measures. The importance of maintaining a balance between the interests of employers and employees was substantiated, as well as the development of labour legislation to accommodate the specifics of the situation during a military conflict. Human rights may not be violated in either peacetime or wartime. On the contrary, the state should create conditions for the free development of labour and the fulfilment of human potential. Based on formal legal analysis of wartime legislation of Ukraine, comparison of various regulatory documents and scientific positions, the study highlighted the problematic aspects of observance of the constitutional right to work. The relevant conclusions were formulated, outlining the legal ways to achieve the balance of interests of employer and employee and proposals for improving the legislation were identified. The recommendations proposed in this study may be used by the legislator to improve the current labour legislation of Ukraine

The relevance of this study lies in the need to improve the legal mechanisms for combating gender-based violence against the background of the increasing number of military conflicts in the world, which create favourable conditions for the latter. The purpose of this study was to analyse the regulatory provisions of international legislation and the practices of certain European countries in preventing manifestations of hatred based on sex and gender and combating domestic violence through criminal law measures. It was stated that legal standards defined by the regulations of international organisations, international treaties, and conventions underlie national and regional standards for combating domestic and gender-based violence. International legal principles of gender equality are defined by the regulatory framework of the United Nations, the Council of Europe, the European Union, and the Organisation for Security and Cooperation in Europe, and other global and European organisations. Human rights provisions recognised by the member states of these organisations through bilateral and multilateral treaties and implemented through ratification are the basis for the formation of national internal standards of the rights of women, children, and persons of all genders. The study concluded that national standards for guaranteeing and protecting human rights in the field of gender equality constitute an implementation of international standards and pan-European provisions, and their implementation in Ukrainian legislation can ensure sufficiently complete and effective implementation of legal measures to combat domestic and gender-based violence. The ideas formulated in this study are aimed at finding more effective criminal law means in lawmaking and law enforcement activities

In this article, I will explore how the underlying research values of ‘openness’ and ‘mutual responsiveness’, which are central to open science practices, can be integrated into a new ethos of science. Firstly, I will revisit Robert Merton's early contribution to this issue, examining whether the ethos of science should be understood as a set of norms for scientists to practice ‘good’ science or as a set of research values as a functional requirement of the scientific system to produce knowledge, irrespective of individual adherence to these norms. Secondly, I will analyse the recent codification of scientific practice in terms of ‘scientific integrity’, a framework that Merton did not pursue. Based on this analysis, and illustrated on the case of COVID-19 as a case in which the institution of science was challenged to deliver urgently on societal desirable outcomes, I will argue that promoting open science and its core norms of collaboration and openness requires broader governance of the institution of science in its relationship with society at large, rather than relying solely on self-governance within the scientific community through a new ethos of science. This conclusion has implications for re-evaluating research assessments, suggesting that the evaluation of the scientific system should take precedence over evaluating individual researchers, and that incentives should be provided to encourage specific research behaviour rather than solely focusing on individual research outputs.

The core insight of this thoughtful and provocative article is that science has become engineering and must be re-governed appropriately. Science today is as much artefact constructing as it is knowledge-producing. Certified knowledge is found through certified construction; science has become technoscience. As such, received practices of and models for governance need re-examining. It is not possible here to address the full range of insights and questions that René von Schomberg’s challenging paper puts on the table. His argument is clearly the outgrowth of years of critical reflection in the science policy trenches of the European Commission. I would wager that there’s no one who has thought longer, harder, and at greater depth about these issues. I will concentrate my comments on the question concerning engineering.

Von Schomberg’s call to place mutual responsiveness – which I understand as the ability of researchers and the research system as a whole to foster meaningful exchanges and learn from novel experiences, no matter where those originate – at the core of Open Science and related efforts to reform the scientific landscape is both timely and significant. Widespread sharing is not enough to guarantee responsible and inclusive research, nor are vague appeals to improve research culture, whatever it is that such culture may turn out to include (Leonelli, 2023). Rather, emphasis needs to be placed on the conditions under which sharing materials, methods and insights – and debating the goals and directions towards which these may be put to use – may improve research exchange, communication and scrutiny, resulting in scientific outputs that are both reliable and socially responsive. Hence von Schomberg’s focus on the interplay between institutional and behavioural features of science and his plea for a reform in governance structures, such as initiated by COARA, are very well-taken. He is, however, too quick to dismiss the importance of some degree of autonomy for those involved in creating knowledge. To show why this matters, I here briefly discuss two of von Schomberg’s additional claims: (1) his focus on ‘knowledge actors’ as the protagonists of research efforts; and (2) his critique of the effectiveness of self-governance efforts by researchers.

Von Schomberg offers a compelling examination of key open science principles and their potential role in fostering responsible research and innovation (RRI). Utilizing Merton's Ethos of Science framework, the paper constructs a series of arguments supporting a central thesis: “the transition towards open science is vital to facilitate RRI.” This transition necessitates significant institutional reforms within the scientific community and adjustments to incentive structures that promote the adoption of open and mutually responsive practices. The manuscript reframes the discourse surrounding responsibility and responsiveness in light of the evolving landscape of open science, shifting the focus from normative commitments to actionable frameworks in research and open science practices. Overall, the position paper strives to bridge the gap between idealised models of scientific communities based on RRI principles and the reality of actual scientific endeavour (Anderson et al., 2007; Politi, 2021, 2024). However, it is important to acknowledge certain omissions that could enrich the analysis. Firstly, a more comprehensive examination of the profound crisis facing science amidst the increasing marketisation and commodification of academia and research would provide valuable context beyond discussions of system failures related to productivity and reproducibility. Secondly, a more nuanced and critical approach to conceptualising open science would enrich the discussion, considering its multifaceted nature and potential pitfalls. Thirdly, the validity of the Mertonian framework and its selective analysis of values, particularly its exclusive focus on the norm of communism. Lastly, a deeper exploration of the challenges and promises inherent in the pursuit of responsible Open Science within ongoing institutional processes.

It is hard to disagree with the thrust of René von Schomberg’s position paper. It is driven by the worry that current conceptions of “open science” are all too impoverished – that they need to be complemented by the social practice of “mutual responsiveness”. In terms of political theory or notions of democracy, on the one hand, in terms of socially relevant research practice, on the other hand, only an ambitious commitment to open science will be robust enough to make a difference and contribute to the solution of pressing problems. In contrast, it is paying lip service only to the ideal of openness when “open science” becomes reduced to “open access publishing” or data storage rituals. As von Schomberg shows, this might actually deepen disparities and redundancies within dysfunctional science.

René von Schomberg’s article (von Schomberg, 2024) makes an invigorating case for the co-responsibility of societal actors to give direction to the pursuit of science. In this reply, I wish to endorse his position as a much-needed reconceptualisation in the face of societal challenges and internal scientific developments. At the same time, I urge that there remain theoretical and practical intricacies in attempting to steer science.

Personal comment on the responses to “Towards a New Ethos of Science or a Reform of the Institution of Science? Merton Revisited and the Prospects of Institutionalizing the Research Values of Openness and Mutual Responsiveness” by René von Schomberg.

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An essay is presented which analyses the multiplicity of public law efforts to limit climate change in the U.S. It sets out several hypotheses for why private law has received less attention from scholars as a tool for decarbonisation. It also discusses where innovations might be expected to occur in private law.

The article discusses the licensing of Sexual Entertainment Venues (SEVs) by local authorities, focusing on the considerations and powers involved in granting or refusing licenses to lap dancing clubs. It explores the impact of Home Office guidelines, Human Rights Act, and Equality Legislation on licensing decisions. The article also delves into challenges related to substantive equality arguments and judicial review proceedings concerning SEV licenses, emphasizing the need for local authorities to balance public interest and individual rights. Overall, the article provides a comprehensive overview of the legal framework governing SEV licensing decisions. [Extracted from the article]

The article describes the book "Für Kirche, Staat und Gesellschaft. Erinnerungen" (For Church, State, and Society. Memories) by Axel von Campenhausen, a respected representative of public law and Protestant church law. The book provides an insight into Campenhausen's biography and covers topics such as his childhood, time at university, and encounters with various personalities. It is an interesting read, even for non-Christians and those distant from the church. The text contains information about Campenhausen's career, his relationships with Rudolf Smend and Franz-Josef Strauß, his role in the introduction of state church law in the former GDR, and his travels to South Africa and Namibia. The book covers many different topics and individuals, but some names are missing, such as Carl Schmitt and Nelson Mandela. [Extracted from the article]

In recent years, a number of academics, judges and politicians have noted that the UK Supreme Court has adopted a more restrained approach when it comes to public law than it had done previously. This article assesses the quantitative and qualitative evidence for this apparent conservative turn. It finds that, in a number of important respects, the Court has indeed adopted a more restrained approach to public law issues in recent years. However, conservatism and caution are not apparent across the board, and there are a number of areas in which the approach of the Court has been anything but restrained. Overall, the Court should not be considered ideologically conservative, nor should it be deemed constitutionally supine. Rather, it is most accurate to suggest that the Court is basing its judgments on a vision of the law rooted in the tradition of political constitutionalism. [ABSTRACT FROM AUTHOR]

How political speech is regulated has changed, with online spaces presenting new challenges. Private platforms now play a significant role in providing spaces for political speech with their own rules and algorithms. This paper examines the current state of legal regulation for political speech, both online and offline, and identifies gaps in governance. As we navigate the ever-evolving landscape of online political speech, it is essential to consider the changing and stricter rules that are being put in place. Private actors have played a crucial role in providing space for this speech. It is worth examining the similarities and differences between offline and online political speech and advertising regulation to ensure everyone's voices are heard and respected. Analyzing applicable public and private law, we investigate how different compliance pulls from national and EU law (existing and upcoming) influence the commitments made by the parties, using the most recent federal elections in Germany as an example. Thus, we assess the German legislative framework, which is also influenced by EU legislation. These investigations reflect new European rules, including the Digital Services Act. After analyzing how parties engage with national law and (self-regulatory) commitments, the paper provides suggestions for improving online speech governance. [ABSTRACT FROM AUTHOR]

This article argues that federal Indian law is located at the intersection of two competing paradigms: exceptionalism, under which Indian law is considered fundamentally different from the rest of U.S. public law; and assimilationism, under which differences between Indian law and the rest of U.S. public law are minimized or denied. The Supreme Court's failure to resolve the conflict between these two paradigms produces doctrinal inconsistencies (although not, as some prominent scholars maintain, doctrinal incoherence). This article further argues that the conflict of these paradigms ultimately derives from two rival conceptions of Native sovereignty. First is the idea of autochthonous Native sovereignty - that is, an inherent sovereignty that pre-dates contact and colonization, that does not depend on the U.S. Constitution, and that persists unless and until voluntarily surrendered or involuntarily extinguished. Second is the idea of heterochthonous Native sovereignty - that is, a sovereignty that derives primarily from the federal government and that generally remains subordinate to the demands of ordinary federalism under the U.S. Constitution. Finally, this article argues that the assimilationism paradigm should be rejected in favor of unambiguous commitments to autochthonous Native sovereignty and Indian law exceptionalism. [ABSTRACT FROM AUTHOR]

The article determines the state of scientific research into the organisation of the institute and the specific features of the diplomatic service. The study establishes that a characteristic feature of a public law dispute regarding access of Ukrainian citizens to the diplomatic service is special participants in public-power relations, since at least one of the parties to the dispute must be a subject of authority, i.e. an institution/official who makes public decisions or takes appropriate actions aimed at exercising competences in the field of diplomatic service. Such entities are the President of Ukraine, the Ministry of Foreign Affairs of Ukraine, foreign diplomatic missions, their officials, etc. A party to a public legal dispute whose rights or interests are violated is an individual who is not a public servant in the case of admission to the diplomatic service, as well as a public servant himself. A public law dispute over access to the diplomatic service is based on the public interest in ensuring that the diplomatic service, the Ministry of Foreign Affairs of Ukraine, and foreign diplomatic missions (consulates general, consulates, embassies) are properly staffed with qualified and professional personnel to represent Ukraine's interests abroad and to provide consular protection to Ukrainian citizens and legal entities registered in Ukraine abroad. Also, after processing the data from the Unified State Register of Court Decisions, it was established that there are widespread disputes in areas related to: 1) the issue of assigning diplomatic ranks; 2) the issue of contesting the procedure for conducting rotations of diplomatic employees, recognizing them as illegal, adjusting rotation plans, etc.; 3) the issue of procedural violation of registration of long-term business trips of officials of the diplomatic service; 4) issues of social protection, social guarantees of officials of the diplomatic service; 5) the issue of bringing diplomatic officials to disciplinary responsibility; 6) recognition of dismissal from positions, reinstatement in positions of the diplomatic service, as well as collection of average earnings during forced absenteeism as illegal. [ABSTRACT FROM AUTHOR]

This article examines the concepts and types of legal entities under public law in German doctrine and legislation. The legal status of public legal entities is regulated by the provisions of the German Constitution, the German Civil Code, the Law on Administrative Procedures, the Law «On the Procedure for Consideration of Cases Under the Management of Administrative Bodies», the Law «On Administrative Courts». The author examines the issue of determining the criteria for the classification of legal entities, so legal entities under public law are created in an executive order, act to satisfy the public or public interest, have authority, operate in organizational and legal forms of an open type, are responsible for the activities of their officials, legal the regime of property has certain features, in particular, such property can be transferred for use by legal entities under public law. As a rule, legal entities under public law have a special scope of legal capacity, unlike legal entities under private law, in this regard, the article analyzes the doctrine of ultra vires. The author examines the procedure for creating legal entities under public law in Germany, the types of organizational and legal forms of legal entities under public law that carry out their activities in the form of a public corporation, public institution, public fund. The article considers the sources of property formation of legal entities under public law, in particular, it can be income from entrepreneurial activity, budget funds, contributions of members of public corporations, donations (for example, the German State Bank, the German Chamber of Commerce and Industry, the Prussian Cultural Heritage Fund). The article considers four types of public corporations: territorial, united, personal, real. A feature of the activity of public corporations in Germany is the presence of membership, unlike public institutions. [ABSTRACT FROM AUTHOR]

In the article, the author considers issues related to the legal status of legal entities under public law in France. The legal status of legal entities under public law is regulated by the Constitution of France, special legislation in the field of administrative law. The article analyzes the criteria for distinguishing legal entities into legal entities of private and public law, developed by the judicial practice of French courts. In the article, the author examines the types of legal entities of French public law, in particular, the latter include: the state, territorial entities, public institutions. The article examines the legal nature and types of public service, which is carried out in the field of defense, transport, and industry management. The article defines a public service, as a rule, the specified services do not have the status of a legal entity, the specified status belongs to the state that creates these services. The author researches public institutions of France that belong to legal entities under public law. The article defines the concept of a public institution, classifies public institutions according to various criteria, and defines the organizational structure of these institutions. A variety of public institutions is industrial and commercial in nature. The author examines the historical aspects of the emergence and development of this type of institution. The article examines the characteristics of a public institution, in particular, the following characteristics are distinguished: 1) it is a legal entity under public law; 2) has a socially beneficial purpose; 3) is under the supervision (guardianship) of the state can be fully applied to the legal regulation of public benefit institutions, which also have the status of a legal entity, pursue a socially beneficial goal, and are under the supervision (guardianship) of the state. The article examines the legal nature of associations of persons of liberal professions (lawyers, attorneys, notaries, doctors, pharmacists, veterinarians, and others). The article examines the judicial practice of French courts on issues of compensation for damage caused by the activities of a state institution. The author examines and investigates issues of the legal regime of property of legal entities under public law. [ABSTRACT FROM AUTHOR]

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Copyright of FinanzRundschau is the property of De Gruyter 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.)