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The relevance of the research topic is determined by theoretical and practical circumstances. The principles of law play a significant role in the legal regulation of social relations and are one of the most important components of the legal system of society. Despite numerous studies, a number of issues in this problematic field require serious research. In particular, it is necessary to improve the principle s of criminal procedure law in Russia. One way to solve this problem is a comparative classification of the principles of criminal procedure law. The purpose of the study is a comparative analysis of the classification of the principles of criminal procedure law of the Russian Federation and the Republic of Armenia. Research methods: classification, comparative analysis, formal legal analysis. Results: the article reveals the tendency for the predominance of the principles of criminal procedure law enshrined in the Constitutions of the Russian Federation and the Republic of Armenia. It is established that in the system of the principles of criminal procedure law in Russia there is only one specific sectoral principle, the equivalent of which is not found in Armenian criminal procedure law. All other Russian principles essentially coincide with the principles of the corresponding branch of Armenian law. At the same time, in the system of the principles of criminal procedure law of the Republic of Armenia there are seven principles, which are not enshrined in Russian legislation. It is proposed, based on the Armenian experience, to enshrine the principle of prohibiting misconduct in the Criminal Procedure Code of the Russian Federation.

The widespread application of comparative legal studies in modern criminal procedure literature is explained not only by purely cognitive interest, but also by the objective need to study and take into account the experience of the development of foreign criminal procedure systems in order to timely identify, solve and forecast the problems of the own national criminal procedure system. Purpose: to identify the signs of qualitative and low-quality author's comparative criminal procedure studies and show by examples both positive and negative effects of using comparative legal techniques in modern criminal procedure science or of the author's imitation of their use. Methods: comparative law method, structural-system analysis and synthesis, specific legal and historical methods. Result: qualitative criminal procedure comparativistics involves the analysis of original legislative and other official sources and scientific literature in the original language, the author's desire to reveal the true meaning of the research material. Low-quality comparative legal studies or what is passed off as such in modern criminal procedure literature harm national legal theory and practice.

Can the comparative law method be used for internal comparison? For example, when we compare two national legal institutions, two national legal mechanisms, two national branches of law? The response should be negative. Without a foreign (or geographical) element, the comparative law method loses its subject matter, specificity and meaning and merges with the conventional legal technique, since no intellectual activity is possible without comparing something with something.

The authors of the article analyze one of the trends in the criminal procedure legislation of the Russian Federation and neighboring countries, formed in the period of its codification in 1958–1961, which consists in fixing in the texts of laws such categories as the purpose and objectives of this branch of law or the activity regulated by it. The legal techniques used by legislators in Post-Soviet states to reflect these categories in regulatory legal acts are contradictory and sometimes polar. The law and jurisdictional activity are heterogeneous in terms of the subject of legal regulation, and most importantly – in terms of the content of the norms defining their status. Methods: empirical methods of description and interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic, comparative legal. Based on the conducted research and the author’s approach to the solution of the problem, the wording of a new structural unit – the article of the Code of Criminal Procedure of the Russian Federation «The Purpose and Objectives of Criminal Procedure Legislation» is formulated, which can be taken into account in the course of forthcoming lawmaking.

In this essay, I use Professor Sucheng Wang's recent book Law as an Instrument: Sources of Chinese Law for Authoritarian Legality as a point of departure for reconsidering the conventional opposition between liberal and authoritarian forms of legality. I suggest that opposition is in turn embedded in an even more elemental distinction between different state forms. Turning to Montesquieu's The Spirit of the Laws, I first investigate the historical and geopolitical processes by which modern political theory reduced the political universe into three species of states (republics, monarchies, and despotisms) and then merely two (democracies and authoritarian states). I then turn to the contemporary genealogy of the concept of rule of law, which arose first as a critique of the rise of the administrative state in the West and then became a means to delegitimize socialist conceptions of legality. I conclude by focusing on the People's Republic of China to evaluate the utility of assessing its legal order in terms of authoritarian legality as well as in terms of democracy more generally. [ABSTRACT FROM AUTHOR]

References to the European Convention on Human Rights by Israeli courts – the European Convention on Human Rights and the European Court of Human Rights as sources of comparative law – comparative law as technique of legitimation – content analysis of use by domestic courts of European Court of Human Rights jurisprudence – European Court of Human Rights jurisprudence and deference to state [ABSTRACT FROM AUTHOR]

Committees of inquiry, in related literature, are often called as 'sharpest sword' of the opposition. However, this sharpness is highly dependent on how much rights the opposition is effectively provided by the fine details of the procedural rules, and whether these rights are justiciable. According to the German model, the inquiry must be launched if a quarter of the MPs require it, and the opposition enjoys minority rights also during the inquiry. Many countries implemented the first, but not the second element in their parliamentary procedures (Hungary, Kosovo, Albania, Lithuania), which led to ineffective inquiries. The only positive example for a successful transplant of the mandatory minority initiative for launching an inquiry is the neighbouring country, Austria. In most of the other countries, the majority is more effective in conducting inquiries, and, lacking judicial remedies, the opposition cannot put its right to inquiry in practice effectively. It seems that the mandatory minority initiative hardly works properly outside its original home country, Germany, and the only successful transplant country, Austria. Another evidence that legal transplants cannot survive if the legal environment and culture is not fertile and developed enough. [ABSTRACT FROM AUTHOR]

There is a legal vacuum that regulates the settlement and legal consequences of pre-contractual promises between parties in Indonesia. This research aims to examine the legal application of the Promissory Estoppel Doctrine in filling legal gaps while comparing it with a number of Common Law countries, including England, which implemented this doctrine earlier. This research uses normative legal research using a comparative approach, case approach and conceptual approach. The sources of legal materials in this research consist of primary, secondary and tertiary legal materials. The application of the Promissory Estoppel doctrine to the Indonesian legal system can be done because there are similarities between the legal system in common law (England, the Philippines) and the legal system in Indonesia, so that courts in Indonesia can use this doctrine to fill legal gaps. Pre-contracts have been regulated in such a way both through legislation and the application of relevant legal doctrines in a number of developed countries. with the doctrine of promissory estoppel, an agreement that has not fulfilled certain conditions or objects, in this case a pre-agreement, can protect a party who has placed a trust in another party in the process of carrying out negotiations which causes him to carry out certain legal actions (rechtshandeling) and causes the birth of reliance. loss. Promissory estoppel is an important concept in English law however, the legal requirements for promissory estoppel may differ from country to country.

Abstract While major advances have been made over the past years in comparing citizenship laws globally, most measures remain restricted to the law-on-the-books. Knowledge about the implementation of these laws remains limited. This poses the question to what extent these measures correspond with the law as experienced by targeted populations. In order to overcome the implementation gap when comparing and measuring citizenship law globally, this paper addresses the question of how to gain a coherent understanding of implementation. Developing a comprehensive typology, the paper distinguishes three crucial elements of implementation: (1) the entry into force of legal provisions (capturing the applicable state of citizenship law), (2) the interpretation of law (the specific interpretation of legal provisions used by the authorities responsible for their execution), and (3) the application of law (executing legal provisions in practice by the authorities). Subsequently, the paper illustrates how this typology can be applied to the analysis of citizenship law implementation by a case study of dual citizenship acceptance, focusing on the renunciation requirement for naturalisation and dual citizenship treaties. The paper concludes by outlining directions for a comparative research agenda that better corresponds with the lived experience of citizenship laws.

The need to achieve a work-life balance and the option for employers to motivate and increase the productivity of employees are the justification for necessary legislative amendments in the future. EU Directive 2019/1158 on worklife balance defines in art. 3 para. 1 (f) the concept of "flexible working arrangements" which refers to "the possibility for workers to adapt their working hours – including through the use of telework, flexible working arrangements or reduced working time schemes". EU Directive 2019/1152 on the transparency and predictability of working conditions in the European Union specifies – in art. 1 (1) – that it aims to improve working conditions by promoting more transparent and predictable forms of work, while ensuring the adaptability of the labour market.

The term ‘correlation’ can be interpretated in a wider meaning than the presence of a frequency of connection between two collignial indicators. This semantic content as "a relation existing between phenomena" is present in the discourse of liberal arts, in contrast to parametric statistics. The purpose of the study is to verify the existence of a correlation between basic conceptual ideas in Ancient Roman law and English common law and to evaluate the scope and manifestations of this issue. The research problem is complicated by the fact that the overwhelming majority of modern historians traditionally contrast the legal systems of continental European countries with Anglo-American law. And there very few famous scientists who consistently reaffirm the opposite position and consider that the common legal tradition in Europe exists. The article shows three groups of key evidence of Ancient Roman Law influences on the English Common Law. The historical arguments explain the fantastic ability of English law to export to other countries. In world history, this property was only one legal culture, namely Old Roman. These abilities to transfer and reception are defined as the most significant parallels between the legal traditions that are investigated.

The Croatian legal system is traditionally under the dominant influence of the Germanic legal tradition. This is a logical consequence of historical circumstances, which state that present-day Croatia was long part of the Austro-Hungarian Empire. In the field of criminal law, which is the focus of this paper, there is a significant influence of Austrian, German, and Swiss criminal law. However, since 2008, new trends have emerged, first evident in procedural law (through the introduction of the previously typical AngloAmerican institution of plea bargaining in criminal proceedings), and then from 2013 also in substantive criminal law. In the Criminal Code of 2013, sexual offenses were modeled after the English Sexual Offences Act of 2003, which has sparked considerable controversy in theory and practice. In this text, the author critically examines this legislative shift in tradition from the perspective of comparing the historical circumstances of the English and Croatian criminal law backgrounds. The author discusses the differences in criminal justice systems of these countries, compares the circumstances of the origin and shaping of sexual offenses in the mentioned legislations, and presents the results of their own research conducted in Croatia, reflecting whether the new legal solution was successful and whether it achieved its purpose. Based on this, the author provides an answer to the hypothetical question of whether a solution implemented from one legal tradition can successfully exist in the conditions of another significantly different legal tradition.

The article aims to compare how ICT systems are used in handling monetary civil claims in Poland and England through an analysis of both legal and technical regulations and limitations. This objective is achieved through critical analysis of existing literature together with the official documentation available for both systems, as well as direct inspection of the systems. As a result of said analysis, it is apparent that the system utilised in England, despite being significantly older than the Polish system, has much more technical limitations, although they are also clearly specified in the relevant law. On the other hand, some such limitations in the Polish system are not present anywhere in statute law. Nevertheless, both systems seem to be mainly designed for handling smaller claims and reducing the amount of mainly administrative labour that was usually done manually by the court staff. In conclusion, some de lege ferenda propositions and future suggestions were formulated for both systems arising chiefly from the results of the comparative analysis.

The Hungarian Civil Code introduced changes regarding the change of parties. The paper argues that comparative law helped the Hungarian legislator to introduce new rules that address relevant market needs. The author shows how the clarification of the system of the transfer of receivables opened up new opportunities for the parties and how the treatment of non-assignment clauses changed in light of legislative changes in several European countries. It is argued that the new Hungarian Civil Code found the right balance between the interests of the debtor and the assignor. The second part of the article explains that the New Civil Code introduced a significant change through the rule on free transferability of rights. The third part presents how the New Civil Code introduced rules on the transfer of contracts, following the solutions of several European countries and international unification instruments, and explains the challenges posed by these rules.

In 2023, 500 years have passed since the entry into force of the ordinary court procedure in Poland (formula processus iudiciarii, 1523), as well as 90 years since the unification of court procedures in Poland in general and 90 years since the entry into force of the first Polish Code of Civil Procedure (1933). Therefore, this is a special opportunity to refer, in this context, to the first transformation of procedural law in Poland in the 20th century, which took place after World War I, especially in the context of comparative procedural law issues. Applicability of foreign laws in the Polish territories after World War I: Russian, German, Austrian, and Hungarian (in a small area of Spisz and Orawa), as well as Polish-French legislation, gave rise to a complicated and territorial legal mosaic. The codification works undertaken at that time in Poland, unprecedented in Europe or even in the entire world, fell within a period of great development of comparative jurisprudence. They were profound comparative studies, which are proven by the published drafts, together with explanatory memorandums, offering an original synthesis of the legal thought. The considerations made in this article relate to procedural law, which was significantly diversified in the territory of Poland reborn in 1918, especially as regards the model of legal remedies, which gave rise to considerable difficulties in the practice of the system of justice prior to the unification of court procedures. Special attention was paid to the legal situation in the Silesian Voivodeship, being a peculiar microcosm of the legal situation in the entire country.

The purpose of the present article is to present to the readers the key concepts underlying the international research project funded by the National Science Centre and led by Prof. Tomasz Duraj titled “In Search of the Self-Employment Model in Poland. A Comparative Analysis”. The chief research task undertaken by the project participants is a complex legal analysis of self-employment – not only from the perspective of Polish regulations and case law, but also with regard to solutions existing in international and Union law as well as in selected European countries. The area of study covered such legal systems as those of the United Kingdom, Germany, Austria, Spain, France, Italy, Hungary, as well as Lithuania, Latvia, and Estonia. Most centrally, the results of the study will serve to develop an original legal model of self-employment in Poland, which will redefine the special status of the self-employed in an optimal way. The final result of the international research project are two twin studies to be published by Lodz University Press, one in Polish, in the form of a multi-author monograph, and the other in English, as two issues of the journal Acta Universitatis Lodziensis. Folia Iuridica. The present article demonstrates the scale, significance, and implications of self-employment as an atypical form of providing work, as well as the key scholarly objectives of the international research project and its importance for legal theory and practice. Next, the author discusses the concept and the plan of research work adopted in the project, the research methods applied, and the publication and popularization activities carried out by the project participants. The research undertaken under the project is innovative. This is because until now, no such large-scale study into the legal conditions of self-employment in Poland has been carried out. The final conclusions drawn in the research project make a significant contribution to the development of the theory of labour law and social security law, enriching the academic discourse in this area. An added value for Polish scholarly work is the organized study of foreign regulations on self-employment in selected European countries. Moreover, the de lege ferenda remarks prepared in the research project may be helpful to the Polish authorities in developing new legal solutions in the area of self-employment.

The Brazilian Judicial System is studied based on quantitative data spanning from the Constitution of 1988 to the present day. During this period, there has been a notable growth and strengthening of judicial institutions, accompanied by a significant increase in societal demand. The research aims to gather information on cases, judges, members of the Public Prosecution, public defenders, lawyers, law courses, and law students in order to obtain three types of data. The first type includes historical series that enable interpretations of events that have taken place over time in Brazil. The second type consists of comparative data, particularly based on information provided by the European Council regarding predominantly European countries, in order to draw parallels with the situation in dozens of countries. The third type of data is created for interpreting the first two types, including doctrinal considerations or new research undertaken to understand the main findings. With this tripartite approach, the goal is to comprehend the Brazilian judicial system in itself and in comparison with other countries.

As Portugal prepares to implement surrogacy legislation, it enters a realm fraught with legal, ethical, and psychological complexities. Across the globe, jurisdictions exhibit diverse approaches to surrogacy, reflecting cultural, ethical, and legal diversity. This necessitates a comprehensive understanding of the implications of surrogacy within different legal systems. Moreover, the psychological impact on surrogates, intended parents, and offspring demands careful examination. As Portugal embarks on this journey, it must navigate ethical challenges, ensuring the protection of all parties involved. Furthermore, addressing research gaps and ethical dilemmas will be paramount in crafting legislation that upholds the rights and well-being of all individuals affected by surrogacy arrangements.

Although legal transplants are a most fertile source of legal development, a failure to adapt their methods to local traditions and cultures before putting them into practice often results in the loss of indigenous legal cultures. This article examines environmental jurisprudence in Nigeria. It aims to determine whether the failure of these laws to curb the trend of unsustainable natural resource use in the country is traceable to the indigenous legal cultures of sustainability that were lost in the process of transplanting colonial ideologies into the Nigerian legal system. The article submits that neglecting the innate standards of sustainability in Nigeria's environmental law-making (a practice adopted since the period of colonization) has made the extant laws on natural resource sustainability largely ineffective. It recommends reworking some of the laws to reflect the lost traditions and notes the cultural imperative for natural resource sustainability. [ABSTRACT FROM AUTHOR]

Abstract, To dare is to risk, and to err is to blunder. I suggest that the neologism “to derr” can helpfully refer to the audacious inscription of deliberately erroneous and therefore fictitious information, which is the literary strategy that I discreetly pursued in my Negative Comparative Law: A Strong Programme for Weak Thought (Cambridge: Cambridge University Press, 2022). In this way, I sought to enhance the literarity and the correlative depositivization of the comparative enterprise in law. This essay probes this initiative and explains how it must withstand disqualification as mere whimsy. [ABSTRACT FROM AUTHOR]

Through the analysis of the ICC's procedural jurisprudence related to Article 21(1)(c) of the ICC Statute, this article examines how the ICC has used domestic laws. To fill a legal gap in its instruments, the ICC "shall apply [...] general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime" (Article 21(1)(c)). The ICC has not directly applied specific domestic laws. Instead, it has used domestic procedural legal sources to derive general principles of law as a subsidiary applicable legal source and mainly when the ICC's Judges are trying to fill legal gaps in the ICC's legal instruments based on comparative law approaches. Thus, the present article shows how outdated the idea of domestic law as a fact has become, and the variety of functions domestic law plays currently in international courts and for international adjudicators. [ABSTRACT FROM AUTHOR]

In the study of special languages and translation, the legal field is often insulated from other domains. This is primarily due to the extreme system dependence of the terminology of law, which results from a lack of a common legal system of reference throughout the world. The abstract nature of this human-made field and its dynamicity in view of the continuously evolving case law and constant changes in legislation make it difficult to illustrate its complex ontology through traditional terminology management techniques. Therefore, this paper argues for an interdisciplinary approach to constructing the ontology of legal concepts based on structural constituents from frame semantics and comparative law. Frames allowing for the representation of interconnected knowledge segments evoked by legal concepts and the distinction between micro- and macro-dimensions in legal comparison research make it possible to capture the complex ontology of legal terminology evoked in a specific point in time and a determined legal context. The ontological knowledge structure will be exemplified by terms from German social, commercial, employment, and tax law. [ABSTRACT FROM AUTHOR]

In many European legal systems, the provisions of medical legislative acts impose directly on healthcare professionals an obligation to act with due care. This imperative may be considered a basic principle of practising all medical professions, and even a generally accepted principle of medical law. Due care is the manner of conduct by medical professionals that meets the requirements contained in an objective and external standard of conduct created for each specific obligational relationship. Despite the differences between European legal systems, from a comparative perspective it is possible to notice similar factors taken into account when determining the standards of due care in medicine. This is because the conduct of medical professionals is largely determined by actual state of medical knowledge, medical standards and deontological codes relating to all medical professional activities. The aim of the article is to discuss in detail these issues in comparative perspective. [ABSTRACT FROM AUTHOR]

Indonesia and Singapore are neighbouring countries with vibrant economic relations. Despite the geographical proximity, the legal systems in both countries are strikingly different. The author suggests that the most influencing factor of a country's legal system is often its former colonial master. Singapore (a former British colony) applies the common law legal system while Indonesia (a former Dutch colony) applies the civil law legal system. Chan and van Rhee suggest that the differences between the two legal systems are often exaggerated, but differences remain. This paper sets out these differences with a focus on the judges' role in taking evidence in civil proceedings, given the inevitable fact that disputes would arise among the business players of the two countries and that taking of evidence is an essential part that may be decisive to the outcome of a dispute. Doctrinal and comparative methods will be used, namely through analysing various procedural laws as found in the statute, case laws, as well as commentaries. This paper contributes to the scant collection of comparative literature on the two legal systems and assists business players in understanding better the procedures of taking evidence applied by the relevant dispute resolution forum that they can choose to resolve their commercial disputes. [ABSTRACT FROM AUTHOR]

In the absence of a global regulator, transnational financial law emerges from the combination of national laws and the contractual practices developed by networks of private, public and hybrid private-public actors who contribute to the engineering and (self-)regulation of financial services largely through contracts. The theoretical question arises whether the process of transnationalisation might determine the dominance of economic rationality over other considerations, and whether a possible nationalisation of the transnational might instead produce a repoliticisation of the economic. Against this background, the article focuses on some of the instruments of transnational financial self-regulation, and considers how these interact ambivalently with local laws and judicial practices. By looking at the role of private law institutions and considering national litigation over financial contracts in different jurisdictions, the article reveals tensions between different objectives, ultimately raising questions about the function of commercial law both within and beyond the state. [ABSTRACT FROM AUTHOR]

This article explores the relationship between rivers and territory in Chile, emphasizing the importance of recognizing the social, political, cultural, and spiritual aspects of water. The current institutional framework in Chile treats water as a tradable resource, leading to conflicts over water rights, particularly for indigenous communities. The article discusses two legal reforms as opportunities to adopt a relational approach to rivers, but also acknowledges the challenges and limitations of the current legislation. It concludes by highlighting the need for a more comprehensive and inclusive approach to water governance in Chile, one that recognizes the interdependence between water, land, and human relationships. The article also mentions the Whanganui iwi's relationship with Te Awa Tupua, which aims to resist the division of the river ecosystem by Western legal frameworks and promote open dialogue. The recent reforms to the Water Code recognize the integration of land and water for indigenous peoples, but further mechanisms are needed to ensure concrete progress in these areas. [Extracted from the article]

Whereas legal comparisons tend to be concerned with legal systems, structures or rules, this paper focuses on a more fundamental element of law: a legal concept. From the semiotic point of view, a concept is an element of the tripartite construct of meaning, which – in the legal context – is derived from a particular legal system. Since effective communication in legal practice is predicated on the unity of meaning, issues are likely to arise when an act of communication spans disparate legal cultures. When the epistemic embedding of legal concepts fundamentally differs between the respective legal systems with which the participants to a communicative event are familiar, conceptual incommensurability will arise, impeding the communication process and, potentially, also having an impact on associated court proceedings. Against this theoretical backdrop, the paper shifts its focus to globalised legal practice, which requires a broader legal skillset and comparative perspectives. As an illustration, the equivalence of selected substantive law concepts is explored across the common law/civil law divide, accurate comprehension of which is essential to intercultural provision of legal services. Drawing parallels between the functional method in comparative law and the functional approach recommended in legal translation, an overview is provided of techniques for remedying terminological incongruence and conveying intended meaning across legal cultures. The paper concludes by querying whether the law curriculum would be enhanced by inclusion of comparative and linguistic perspectives, with a view to equipping graduates with interdisciplinary tools for effective legal communication and global law practice. [ABSTRACT FROM AUTHOR]

This article explores how the law is taught in the bi-juridical order of Quebec, where civil law and common law coexist. It focuses mainly on how the trans-systemic method of legal education was implemented and developed at the Faculty of Law of McGill University, in Canada. This method consists of teaching both legal traditions simultaneously and comparatively. It aims to enable its graduates to navigate Canada's political and cultural tensions, engage in cross-cultural legal dialogues and practice in two legal systems. This approach emphasizes the coexistence of two legal systems, moving away from legalistic views and embracing legal pluralism. The article explains the different contextual layers surrounding the emergence and development of this trans-systemic method. It explains the macro-institutional context by presenting the tensions between Anglo-Canada and the province of Quebec; the meso-institutional context, which focuses on the discussions within the province and the law faculty; while the micro-institutional context presents how courses on obligations/contracts and tort/torts are taught. [ABSTRACT FROM AUTHOR]

Over the years, the UCTD has become one of the core EU directives aiming at the protection of both businesses and consumers (B2C), i.e., at the achievement of the appropriate balance between the parties' rights and obligations. However, the UCTD has also left quite a number of important legal questions unanswered. Besides the general clauses on the assessment of the unfairness of contractual terms, there remains a high degree of uncertainty as to the meaning of the transparency requirement and the legal consequences of unfair contractual terms. As a result, in spite of CJEU settled case law, as well as European Commission interpretation guidelines, there are diverging patterns in the national case law of the Member States. The aim of this paper is to investigate these diverging patterns by looking more closely into national case law and into the relationship between the CJEU and the Member States courts, taking as a case study the way in which the UCTD was applied in five countries (Austria, Croatia, France, Italy and Poland) in cases involving consumer loans indexed to the Swiss franc. The survey shows that there are noticeable differences in the interpretation of core concepts underlying the UCTD, such as the unfairness test, the exclusions from the unfairness assessment, and the transparency requirement. The most problematic areas, however, concern the legal consequences of the unfairness of contractual terms. By relying on the analysis of these and related issues, the authors have come to the conclusion that 347 even after 30 years of the existence of the UCTD, there are still many important legal questions that need solving. [ABSTRACT FROM AUTHOR]

In this article, we discuss the role that pirate radio played in a debate regarding the community-oriented sector of broadcasting and in incorporating the sector into the legal system. We concentrate on the period of the transformation from state monopolies to media pluralism in Poland, Austria and Hungary, which took place in the late 1980s and the 1990s. A qualitative content analysis is performed on legal texts and media coverage to identify discourses present in the debate. We complete this data with interviews and focus groups with policymakers and radio pirates and an analysis of legal regulations drawing on comparative law research. We show that the pirate radio movement in Hungary and Austria during the transformation processes seems to have had clearly defined goals and organisation. [ABSTRACT FROM AUTHOR]

Purpose: The phenomenal proliferation of crowdfunding platforms raises concerns on the heightened occurrence of financial crimes since billions of funds are exchanged through these online systems frequently. Accordingly, some countries have implemented legislative responses to address these risks, although each countries' laws have varying degrees of severity. Hence, the purpose of this study is to assess the efficiency and robustness of Mauritian laws to combat financial crimes that may arise from a crowdfunding transaction with a particular emphasis on money laundering and tax evasion. Design/methodology/approach: To achieve this research objective, the black letter approach was used to analyse Mauritian rules and regulations on the researched topic and a comparative analysis was carried out against the corresponding laws on crowdfunding in some other jurisdictions, notably the UK and the USA with the view of suggesting the policy recommendations to Mauritian authorities. Findings: It was found that there is still scope for improving the existing legal and regulatory framework on crowdfunding in Mauritius to prevent instances of money laundering and tax evasion. The paper suggests that a crowdfunding operator must be categorised as a reporting person and must carry out regular due diligence checks. There must also be more collaboration in terms of information exchanges and training sessions among the tax authority of Mauritius, crowdfunding operators, fund seekers and investors to shed light on the tax treatment of income and deductions to avoid issues of tax evasion. Originality/value: At present, to the best of the authors' knowledge, this study is amongst the first academic writings on the efficiency of Mauritian laws in dealing with the risk of financial crimes through crowdfunding, and also, because existing literature is quite scarce on assessing the adequacy of crowdfunding rules in developing countries, this research aims at filling in the gap in literature. The study is carried out with the aim of combining a large amount of empirical, theoretical and factual information that can be of use to various stakeholders and not only to academics. [ABSTRACT FROM AUTHOR]

The research presented addresses the connotation of the non-observance of the right of nature in Cuban constitutionalism from the analysis of Law No. 124, of terrestrial waters from the study of Comparative Law, in relation to the legal framework of Latin American countries that do recognize the rights of nature in their legislation within the legal systems, in order to determine the impact of this non-observance on the legislative gaps in the environmental legal system studied. Materials and methods: Theoretical and empirical methods were used, as well as techniques and procedures of scientific research, theoretical doctrinal analysis of the categories involved in the delimitation of legislative gaps based on the most representative theoretical references to conclude that the legal system Cuban protects the right of people to use and enjoy that environment; not the right of nature to be used, guaranteeing its own subsistence as provided for in other legal systems, the lower hierarchy norms follow this legal logic. That of analysis and synthesis, to systematize the main elements studied; comparative law, to know the regulatory treatment of the water resource. The bibliographic review, to know the criteria of scholars on the subject. Results: the identification of possible legislative gaps in the aforementioned legal norm is provided and it is noted as an idea to defend the non-observance of the right of nature, by conditioning the presence of axiological legislative gaps in the legal norms of environmental content in the Cuban legal system., incident to its future perfection by the legislator. [ABSTRACT FROM AUTHOR]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd 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.)

In embracing corporate rescue, Malaysia introduced Judicial Management (JM) into its company law framework on 1 March 2018. The mechanism was modelled on Singapore's Judicial Management, which itself was based on the United Kingdom (UK) Administration Procedure. Despite its laudable objective of facilitating the rescue of financially distressed companies, the path to JM is paved with obstacles. This article identifies some of these obstacles and examines the issues that give rise to them. At the same time, the article proposes legislative reforms, drawing on comparative laws in Singapore and the UK. For the purposes of this article, three obstacles are examined: first, the power of a secured creditor or debenture holder to veto the JM application; second, the stringent and prohibitive burden imposed on an applicant company caused by the judicial interpretation, at times conflicting, of the provisions governing the application of a JM order; and third, the higher threshold imposed by legislative requirements on creditors' meeting to approve the JM proposal. These obstacles are encountered at three stages of a JM application: first, at the initial stage of the application; second, in considering the merits of the JM; and third, when the creditors vote to approve the application. [ABSTRACT FROM AUTHOR]

In the event of losses and damages, the civil liability prevailing in the legal system of that country always determines the share of responsibility of each person (injured and harmed) in compensating for the damage. It is critical to define the contribution of the civil liability of the victim and the police in some of the damages that occurred in the presence of the police. The present study is a descriptive-analytical study that examines the existing rules and foundations in the field of civil responsibility based on a library study and by using data collection and examination of laws, judicial procedures, and legal perspectives to examine and apply the two legal systems of Iran and France. The case deals with the role of the victim's fault in the civil liability of the police. Based on the results of the investigation of civil liability of the police, it can be different depending on the conditions of doing the act and omission as well as whether or not the act or omission of the police is at fault. Also, in the legal system of both countries under review, considering the role of the victim's fault in the harmful act can relieve the civil liability of the police, and there is a difference between fault and absolute responsibility. Therefore, establishing the relationship of causation in this and the role of the victim based on the existing rules, including the rule of warning, and the law of joint and comparative fault, in some cases can even relieve the civil liability of the police. [ABSTRACT FROM AUTHOR]

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

The public order clause is an instrument of private international law that limits the possibility of applying the law of a designated country in cross-border contractual relations. The role of the clause is to protect the specific interests and values of a given legal order, the importance of which is so significant that it justifies refusing to apply foreign law or limiting the scope of its application. From the point of view of the subject of this study, the public order clause could potentially be applied by national supervisory authorities in a situation of a threat to the security and stability of a given financial market. Thus the purpose of this article, in which the author uses the functional approach of the comparative legal method, the historical-descriptive method and the dogmatic method, is to verify the thesis about the possible use of the public order clause as an instrument supporting the process of building sustainable finance, along with its limitations in the form of the French concept of effet atténué and also from a comparative and cross-border perspective. [ABSTRACT FROM AUTHOR]

This paper presents a comparative analysis of state special funds in Poland and Uzbekistan, focusing on their legal dimensions within the framework of financial law. State special funds play a vital role in the allocation and management of public resources, serving as targeted financial mechanisms to address specific needs and promote socio-economic development. However, there is limited comparative research examining the legal frameworks and operational aspects of these funds in different jurisdictions. This study aims to fill this gap by conducting a comprehensive analysis of state special funds in Poland and Uzbekistan, providing valuable insights into their legal frameworks, objectives, structures, and operational mechanisms. The research objectives of this study include examining the legal frameworks governing state special funds in both countries, analysing their objectives and operational mechanisms, identifying similarities and differences, and assessing their effectiveness and challenges. By achieving these objectives, this study aims to contribute to the enhancement of financiallaw practices in both jurisdictions and to provide knowledge for improving the legal frameworks and operational efficiency of state special funds. [ABSTRACT FROM AUTHOR]

The purpose of this study is to describe the legal construction of and problems related to legislative issues concerning tourist taxes. It is based on analysis of the regulations contained in the conditions for the collection of local taxes, which result primarily from the provisions of the Polish Tax Code. These were compared with the laws of Slovakia and the Czech Republic. From a methodological point of view, we decided to focus on the regulations in force in one of the most famous tourist destinations in Poland, Zakopane, located near the border with Slovakia and the Czech Republic. The research shows that the legal solutions applied in Poland are flawed. In Poland, the tourist tax can as a rule only be levied in locations where certain levels of air pollution are not exceeded; however, this is not followed in practice. This leads to our claim that the legal solutions in this area should be changed. Maintaining the solutions currently in force in Poland leads to a situation in which legal fictions are allowed. We suggest the introduction of solutions similar to those found in the Czech Republic and Slovakia, where the tourist tax is not dependent on air pollution. The characteristic feature of this tax should be that it is levied on all types of stays, regardless of the purpose of the stay, the type of contract between the guest and the accommodation provider or the place where the guest stays. [ABSTRACT FROM AUTHOR]

This article examines the epistemic bias of comparative law scholarship. Comparatists are unable or unwilling to recognise the religious dimensions in Western law as they see religion only in the context of non-Western law. This problem is typical of modern macro-comparative law, which fails to recount the influence of Christianity on Western law and legal culture. The article invites legal scholars to reach beyond the notions of 'religious law' and 'secular law' in terms of classifying the world's legal systems. Firstly, the article explains how comparative law has a problematic relationship with religion; secondly, it shows that, despite Christianity having been deemed a thing of the past, its influence can and should also be charted in modern law. I argue for a need to rethink the manner in which Western law is depicted as a thoroughly secular law as opposed to the religious law of exoticised others. [ABSTRACT FROM AUTHOR]

Judicial constitutional review is an essential component of upholding constitutionalism, even though it is a relatively new concept outside the United States. The US Supreme Court set a precedent in 1803 in the Marbury v. Madison case by declaring legislative acts unconstitutional, which is widely regarded as the beginning of the principle or doctrine of judicial constitutional review. Since then, judicial constitutional review has become a widely accepted feature of most democratic legal systems. Comparative constitutional law recognizes two well-known models of judicial constitutional review: the American model of dispersed or decentralized review by ordinary courts and the constitutional Kelsen/European model of centralized review by a specialized constitutional court. Additionally, there are mixed or hybrid systems that combine elements of both models. [ABSTRACT FROM AUTHOR]

This article provides a comparative analysis of how courts have performed judicial review on supermajority rules governing courts' decision-making. Through an empirical approach, covering the cases of the United States, Peru and Poland, the article argues that the supermajority's legal source and the chronology of its establishment may influence the court's ability to review such rules and the case's outcome. Finally, the article addresses the paradox of whether courts must apply the very provision they are tasked to review. [ABSTRACT FROM AUTHOR]

Considering the external effects of adjudicative activity of the Inter-American Court of Human Rights, structural questions emerge regarding the influence of IACtHR precedent in judicial branches of the Parties to the American Convention on Human Rights. In this sense, this paper seeks to apply the theoretical typologies developed by Ryan Goodman and Derek Jinks to the analysis of operative mechanisms of influence of international law inside the States' jurisdictions. In this regard, it was necessary to create new specific categories (eg, acculturative persuasive precedent, selective persuasive precedent), to test whether they suitably describe the application of Inter-American precedents, in an attempt to categorize the recent performance of the highest courts in Brazil, Colombia, Argentina, Chile, and Bolivia. Additionally, the concept of double control of conventionality has presented essential perspectives for the compliance with IACtHR judgments by demanding States, as well as the interpretation and application of national laws deemed compatible, or not, with the Pact of San José. In the end, quantitative analysis played an important role in measuring each national court's assimilation of international precedents as it outlined scenarios of explicit adoption of Inter-American Court precedent by national judicial branches. Sampled States were classified as follows: a) Brazil: selective persuasive IACtHR precedent with low performance; b) Colombia: acculturative persuasive IACtHR precedent with high performance; c) Argentina: selective persuasive IACtHR precedent with moderate performance; d) Chile: selective persuasive IACtHR precedent with high performance; and e) Bolivia: acculturative persuasive IACtHR precedent with moderate performance. [ABSTRACT FROM AUTHOR]

Comparative law has traditionally attracted the attention of researchers because of its high potential to address the challenges facing the legislator and law enforcer. Criminal law research is no exception. The author examines comparative law in its instrumental context and offers recommendations to researchers in the field of comparative law. The issue of criminal law protection of personal data is chosen as illustrative material. Purpose: to identify fundamental errors in the application of the comparative method, confusing it with researches on foreign law and serving as reasons for the ineffectiveness of studies declared as comparativelegal. Methods: general scientific (analysis, comparison, description, deduction – in the transition from general problems to a specific illustration), specific scientific (formal legal and comparative). Results: the effective application of the comparative method requires not only the possession of normative material, but also problem solving through a specific problem that is relevant for a particular society. The regulatory framework reflects a possible regulation, but not the only one; its effectiveness has to be assessed against other possible options.

Non-governmental organizations (NGOs), with their professional and non-political nature, play a fundamental role in promoting sustainable development and supporting the legal demands of citizens. These organizations have been praised for supplying innovative and people-oriented approaches to providing services, support, and empowerment; but in Iranian society, these organizations are in a state of disarray in such a way that they face many challenges in the way of establishment, supervision, financing, and liquidation, which will lead to the weakening of the public sphere. Getting rid of the existing reality and moving towards the desired situation requires the application of standards that can bring positive consequences for nongovernmental organizations. The current research aims to investigate the components of enhancement concerning non-governmental organizations in the laws and regulations of three countries of Iran, Armenia, and Canada. In terms of its descriptive purpose and research method, the current research will be in the form of collecting information through library study and collecting awards and valid legal documents, as well as reviewing and analyzing the content of these documents. The findings of the research show that Armenia has adopted comprehensive laws and regulations to support the activities of non-governmental organizations and has prepared official structures and committees to attend and consult with civil organizations. In addition, by using physical and virtual tools and official processes, it has provided capacities for the participation of NGOs. In Canada, there is no independent law regarding nonprofit organizations and these organizations operate according to the "Non-profit Organizations and Corporations Act". Iran continues to suffer from the lack of a comprehensive law for the activities of non-governmental organizations and there are no strong specific structures to attract the participation of these organizations.

Legal translation is a specialized area of translation that requires a deep understanding of legal ‎systems, legal terminology, and the cultural context in which the legal document was created. ‎In Algeria, legal translation plays a critical role in facilitating communication and ensuring the ‎accuracy and clarity of legal documents. This paper will explore the challenges and ‎considerations that legal translators in Algeria face, including linguistic, cultural, and legal ‎factors. Through a thorough analysis of legal translation in Algeria, this paper seeks to shed ‎light on the essential role that legal translation plays in promoting access to justice and ‎maintaining the integrity of legal systems in Algeria, where legal translation is particularly ‎important due to the country's unique, complex, and diverse legal system, which combines ‎elements of French civil law and Islamic law, in addition to the multiple official languages, ‎including Arabic, French, and Berber. Moreover, the legal documents that require translation ‎in Algeria range from contracts and agreements to court documents and legal judgments. ‎These documents often have significant legal consequences, making accuracy and precision in ‎legal translation critical. In this context, it is essential for legal translators in Algeria to have ‎specialized training and expertise in legal translation to ensure that legal documents are ‎accurately and effectively translated across different languages and legal systems using all ‎types of equivalence for terms and concepts dealt with and comparative law study for the text ‎to be translated. ‎