Ženska v blejskem gospostvu v poznem 17. stoletju: analiza zvezanih sodnih zapisnikov

The fundamental principles of the European-continental legal systems, particularly regarding the status of natural persons, have their roots in Roman law. Roman law recognized a broad range of population categories, whose legal and business capacity, among other things, depended on the individual's social status within the family. Women held a specific legal status and were under the guardianship (tutela) or authority (manus) of a man, typically their father or husband. Their legal capacity was restricted, especially in terms of entering into contracts and other business dealings. The natural law school, which revived the ancient notion of inalienable natural rights (ius naturales), had a significant influence on the French bourgeois revolution, whose motto "liberté, fraternité, égalité" was embedded in the Declaration of the Rights of Man and of the Citizen. The principle of legal equality, which presupposes the equal application of legal norms to all, reflects one of the fundamental principles of the rule of law and is considered a key tenet of a just legal system. However, the Global Gender Gap Report for 2023, published by the World Economic Forum, shows that the gender gap in the field of entrepreneurship stands at 31.6%. According to these figures, it will take an additional 131 years to achieve full gender equality in entrepreneurship globally, indicating that despite significant legal reforms that have improved the position of women in business, full gender equality in this area has not yet been attained.

The article is devoted to the study of the concept of time limits in criminal pre-trial proceedings. Attention is drawn to the fact that the issue of determining time limits at the pre-trial stage of criminal proceedings remains insufficiently developed, creating conditions for ambiguous interpretation of their content. It is emphasized that it is impossible to formulate any definition without identifying and substantiating its essential features. It is noted that time limits in criminal pre-trial proceedings are a complex legal category that reflects not only the time dimension of procedural activity. It is proven that time limits are inherently normative, as they are established by the norms of criminal procedural law and procedural decisions of authorized entities at the pre-trial stage of criminal proceedings, and may also result from agreements between the parties within the framework of reconciliation and guilty plea agreements. It has been substantiated that proper legal regulation of time limits is a necessary condition for ensuring the rule of law, procedural economy, and the implementation of the principle of reasonable time limits in criminal proceedings. It is stated that time limits are mandatory in nature, but their observance is carried out taking into account the rules of disposability, which ensures a balance between legal certainty and flexibility in the application of the law. It is emphasized that time limits in pre-trial criminal proceedings can be expressed in both «rigid» (specific) and «flexible» (assessment) forms. It is argued that deadlines in pre-trial criminal proceedings perform not only a regulatory but also a guarantee function, acting as a key element of the mechanism for protecting the fundamental rights, freedoms, and legitimate interests of participants in criminal proceedings. It is noted that strict time limits ensure the stability and predictability of the process, while flexible, in particular reasonable, time limits ensure the effectiveness of the investigation. It is argued that the decisive feature of time limits in pre-trial criminal proceedings is to ensure the effectiveness of criminal pre-trial proceedings, as well as to guarantee the rights, freedoms, and legitimate interests of individuals. It is concluded that the concept of «time limits in criminal pre-trial proceedings» should reflect all of their essential features.

The scientific article is devoted to the development and substantiation of logically interrelated theoretical conclusions regarding the procedural status of minors in criminal proceedings, the formulation of recommendations on the basis of them for the improvement of the criminal procedural legislation of Ukraine. The author states that the formation and consolidation of the procedural status depend on a number of factors, among which the age of the person should be highlighted. The influence of this factor on the regulation of the procedural status of minors in criminal proceedings is considered as the main theoretical basis for further research. The scientific work argues that the peculiarities of the implementation of the criminal procedural status of minors are related to the determination of their legal and legal capacity in criminal proceedings. As a general rule, minors are limited in their legal personality. Firstly, they cannot be subjects of a wide range of legal relations, and secondly, in those areas where they act as subjects of legal relations, their legal capacity is limited by law. It is noted that minors who have committed a criminal offense have a limited criminal procedural status in the criminal justice system of Ukraine. The recognition of full or limited legal capacity of minors significantly affects the content of the elements of their procedural position in the criminal process and the relationship with the defender and legal representative. The basis of the structure of the criminal procedural status of minors who have committed a criminal offense will be the corresponding criminal procedural status of an adult suspect, accused, defendant, based on the unity of the nature of participation in the criminal process, with its appropriate adaptation to the psychophysiological characteristics of the minor The author states that in criminal procedural science one can observe a peculiar preference of the interest of researchers in favor of minor accused or suspects. Much more attention is paid to issues of criminal proceedings against minors compared to issues of protecting the rights and interests of minor victims or witnesses. One of the main rules of criminal justice for minors is its maximum individualization. The personality of minors and the reasons for their offenses are at the center of the judicial process, so these features should be studied as much as possible during the investigation. The presented provisions define the place and role of a minor in the criminal process in a new way. Keywords: procedural status; a minor; criminal proceedings; criminal justice; juvenile suspect; a minor accused; a minor witness; minor victim.

Criminal law means of protection of criminal offenders cooperating with justice are considered. The purpose of this article is to consider the norms of specialized laws, sources of criminal and criminal procedural law of Ukraine, its international obligations as a comprehensive legal basis for ensuring the safety of certain types of participants in criminal proceedings, conditionally united within the category of “cooperating witnesses.” While collaborators with justice expose other persons involved in illegal activities, such cooperation takes place includes a risk of intimidation or retaliation. In order to reduce this risk to a rationally acceptable level, the legislation provides, in addition to protection measures (which technically complicate a possible massacre), also means designed to reduce the impact of violent interference. Such means are procedural methods of overcoming the irreplaceability of participants in criminal proceedings during the trial (testimony “from other people’s words,” judicial interrogation during the pre-trial investigation); criminal law protection of relations of participation in (criminal) proceedings. However, unlike actual witnesses, “cooperating witnesses” enjoy a lower level of criminal protection. Their possible statuses (suspect, accused, convicted, person released from criminal responsibility, acquitted) are not mentioned in Art. 386 of the Criminal Code of Ukraine (including threats, blackmail, bribery of a witness, a victim, an expert). Liability for intimidation, torture, murder, etc. of collaborators with justice has a general basis, in isolation from a special purpose (to induce false testimony, revenge, etc.) and generally outside the context of participation in criminal proceedings; there is no responsibility for their bribery. Therefore, the work on the implementation of certain provisions of international treaties of Ukraine in the field of combating corruption and organized crime is not complete. In addition, the criminal-legal protection of participants in criminal proceedings against the illegal inaction of officials of bodies that provide security and against the disclosure of data on the content of relevant measures (Articles 380, 381 of the Criminal Code of Ukraine) is formulated in a way that assumes the existence of a cause-and-effect relationship complex of legally significant intermediate events. This puts the subjects of criminal liability in a case-by-case situation and is inconsistent with some recognized approaches in the science of criminal law (namely: theories of equivalence, direct causation).

This paper analyses relevant determinants for the probability to initiate a dispute on policy measures under the World Trade Organization (WTO) Dispute Settlement Mechanism (DSM). The empirical analysis focuses on agrofood related disputes to provide sector specific information on the driving factors in dispute settlement, and complements and extends previous studies by incorporating new potential determinants. The focus is shifted to bilaterally dependent characteristics to take care of trade related and power based relationships between Members, such as relevance of the defendant’s market and the complainant’s trade related retaliation capacity. Contrary to recent analyses of overall trade disputes, the results show that capacity-related determinants such as financial means and legal capacity and simple trade-related characteristics like export and import volume do not show a statistically significant impact on dispute initiation in the agro-food sector. However, the level of protectionism that Members face in their export markets, their operating experience with the DSM, the influence of private sector interests, complainants’ agrofood related export dependency as well as the size of their agro-food imports from the defendant party could be identified as relevant determinants of dispute initiation behavior.

The article determines that the content of legal relations regarding representation of legal entities in criminal proceedings is determined by the powers of a representative which are determined by his/her procedural position. It is established that criminal procedure legislation provides a representative with a certain scope of rights and obligations which he/she exercises on behalf of and in the interests of a legal entity. The powers of a representative may be established by the charter, other regulatory acts of a legal entity, a power of attorney or an agreement. The subjects of representation of a legal entity in criminal proceedings are: a person who has the right to act as a defence counsel in criminal proceedings on the basis of a certificate of the right to practice law or an order or agreement for the provision of legal aid; the head of a legal entity or another person authorised by law or constituent documents, whose powers are certified by a copy of the constituent documents of the legal entity; an employee of a legal entity that is a victim acting on the basis of a power of attorney. As for each entity involved as a representative of a legal entity, it must, of course, meet certain criteria, among which the basic ones are the attainment of majority and legal capacity. The article establishes that the object of representation in criminal proceedings is the activity of a legal entity's representative aimed at protecting its rights and legitimate interests as a party to the proceedings, as well as restoring material rights and interests which have been damaged due to a criminal offence. Procedural activities include filing a criminal complaint, submitting documents by the representative certifying his or her powers, and participating in investigative (search) and procedural actions. The victim's representative may carry out search and analytical activities in the course of representation. Advisory and controlling activities involve providing advice to clients, for example, a lawyer to the head of a legal entity.

The author states that modern social development is based on humanistic ideas, which underpin the policy for the liberalization of modern criminal and criminal procedure legislations, and analyzes the corresponding amendments to the Criminal Code and the Criminal Procedure Code of the Russian Federation. This analysis proves the relevance of researching the methodological foundations of determining the goal of Russian criminal proceedings. As philosophy teaches us, the goal of any activity is determined by external factors and should thus be derived from them. At the same time, the organization of the work of actors «within» the system presupposes setting corresponding goals. Applying the logic of scientific cognition «from general to specific» to the criminal process, the author proves that it is necessary to initially determine its purpose at the highest possible level of generalization. After that, the purpose should be interpreted in practical terms, i.e. it is necessary to set the goal and objectives of criminal proceedings. It is noted that the purpose of criminal proceedings - protection against criminal infringements - determines the goal of criminal procedure activities - the implementation of this protection. Such are the dialectic features of the goal manifested in the combination of specific and general characteristics. At the same time, a goal needs to be specific enough, and not too general. The author supports the approach of the lawmakers used in Part 2, Art. 2 of the Model Criminal Procedure Code for the CIS countries, which determines the results that the bodies responsible for criminal procedures should strive to achieve. It is stated that in the countries of the Romano-Germanic legal system the goal of criminal court proceedings is considered to be reached if the guilty party is determined and the just criminal law norms are applied to this party in the form of punishment, whereas in the Anglo-Saxon legal family the goal of criminal proceedings consists in settling the conflict between the victim and the perpetrator. Besides, the author proves that the objectives of criminal court proceedings reflect the specific features of criminal procedure instrumentarium, while the results of reaching their goals are of criminal law nature since they are determined by the factors that are external in relation to the criminal proceedings. Based on this, the author presents the formulation of the goal of criminal proceedings as well as the results of reaching it.

"bstract. This article reveals the concepts of legal status, legal status of individuals, legal capacity, and legal status of a specialist as a participant in criminal proceedings, as well as the legal status of a specialist in the process of identification, detection, and recording. Differences in legal status, seizure of evidence, and examination of collected evidence by a specialist and an expert in criminal proceedings are scientifically analyzed. The use of special knowledge to achieve justice, their role in the process of proof, methods of effective use in the fight against crime, the need to improve legal mechanisms in this regard, investigative actions that can be entrusted to specialists, and subjects with compatible legal capacity and capacity in criminal proceedings are also considered. In criminal procedural relations, how the legal status of an expert is realized, the procedure for attracting experts, problems that arise when experts perform their duties, their solutions, and regulatory mechanisms are also considered. Some theoretical and practical problems of collecting, recording, and researching evidence relating to the legal status of a specialist were also discussed. Scientific, theoretical, and practical recommendations and theoretical definitions were given regarding the legal status of a specialist in criminal proceedings. "

У статті розглядається забезпечення процесуальної дієздатності суб’єктів провадження як один із аспектів функціонального призначення предмету відання в кримінальному процесі. Проаналізовано, що одним із функціональних призначень предмету ві-дання в кримінальному процесі є набуття законних підстав для створення певного органу кримінального судочинства та законних підстав до здійснення ним певної кримінальної процесуальної діяльності. На підставі аналізу теоретичних уявлень зроблено висновок про те, що в кримінальному процесі щодо суб’єктів, які ведуть кримінальний процес, можна мовити про юрисдикційний режим, що являє собою нормативний комплекс, котрим встановлено предмет відання суб’єкта за предметним, територіальним, темпоральним (часовим), персональним та іншими критеріями.

The article analyzes the evaluation of the lawfulness of criminal proceedings (decisions) in criminal and civil proceedings. In the legal regulation of Lithuania there is a strict non-contractual liability of the state, which means that liability of the state raises without the fault of the officers (institutions). The limits of thestrict liability are extremely wide. In this context, one of the essential aspects of addressing the issue of compensation for the damage caused by the pre-trial investigation officers, the prosecutor and the court is to strike the right balance between effective criminal proceedings and the protection of the interests of the injured party. The main objective is to ensure that the limits of the non-contractual liability of the state are not unreasonably extended or unreasonably narrowed. The limits of the non-contractual liability of the state also depends on whether the legality of the actions (decisions) of the criminal proceedings is assessed in the same way or differently in the criminal and civil proceedings. It was revealed that the concepts of violation of criminal procedure and the criteria used in the doctrines of criminal procedure law and civil law to determine the illegality of procedural actions do not coincide. The courts also take the position that the legality of the same acts of criminal proceedings in a criminal and civil cases may be assessed differently. However, the article raises doubts as to whether the opposite assessment of the same act (decision) of criminal proceedings, depending on whether it is assessed in criminal or civil proceedings, is reasonable and does not unduly extend the limits of liability of the State. The author doubts whether such case law is not in conflict with the principles of legal stability, consistency and binding nature of final court decisions, does not unbalance the existing hierarchy of courts and division of competence, as well [...]

The scientific article is devoted to determining the legal status of an expert in criminal proceedings and problematic issues related to it. The development of becoming an expert began in ancient times and is covered by various legal acts.
 This article considers various scientific formulations of definition of expert. These formulations make it possible to identify the main features that inherent in the person. It is concluded that the most accurate and complete can be considered the legislative definition of the expert, which is contained in Art. 69 of the Criminal Procedure Code of Ukraine. Emphasis is placed on the lack of pre-defined force of the expert's finding.
 To properly understand the concept of expert, the discussion issue related to the category of "special knowledge" is analyzed, the interpretation of which is missing in the regulations of Ukraine. The peculiarities of special knowledge and the importance of ways to acquire them are indicated.
 In addition, considerable attention is paid to the expert’s legal personality, as it helps to determine his criminal status. Therefore, it is considered the legal capacity of the expert as a participant in criminal proceedings and his legal capacity and tort capability.
 Despite the possibility of using the expert's finding as a procedural source of evidence, there are a number of problematic issues, that are reflected in the lack of implementation the expert's right to appeal the actions of the person that leads the case and violates the expert's rights; the complexity of the procedure for gathering proofs by the defense by conducting certain investigative actions, that includes the involvement of an expert; lack of a list of grounds and procedures for involving an expert; inability to engage a legal expert.
 The results of the article emphasize the need to improve the criminal procedure legislation in the appropriate direction, which will make the participation of the expert in criminal proceedings more effective.

Due to high migration inflows to Europe, forensic age assessment of living persons has clearly gained importance. If there is a legal justification for X-ray examinations without a medical indication, the Study Group on Forensic Age Diagnostics (AGFAD) recommends the combination of a physical examination with anamnesis, an X-ray examination of the hand and a dental examination with evaluation of an orthopantomogram for age assessments of adolescents and young adults. If the development of the hand skeleton has been completed, an additional CT examination of the clavicles is to be performed. To demonstrate the outcome of forensic age assessments according to AGFAD recommendations with regard to migrants of doubtful minority declaration, this study analyzes the expert reports carried out at the Institute of Legal Medicine, Münster, from 2009 to 2018. A total of 597 age assessments were performed during the study period. A total of 227 age assessments were issued on behalf of youth welfare offices in the legal area of social law, 282 in family law proceedings, 76 in criminal proceedings, and 12 age assessments in immigration law proceedings. In 211 out of 597 cases, the stated age was compatible with the findings of the age assessment. In the remaining 386 cases, the average difference between the stated age and the minimum age was 1.9years. The average difference between stated age and most probable age was 5.1years. Of the 521 age assessments carried out outside criminal proceedings, 197 unaccompanied minors with questionable age minority (37.8%) have reached the age of majority beyond doubt. A total of 388 unaccompanied minors (74.5%) have most probably reached the age of majority. Forensic age assessments with the AGFAD methodology make an important contribution to legal certainty, the welfare of the child, and the fair distribution of resources.

Massive inclusion of artificial intelligence (AI) in the technosphere and electronic governments urges an update in legal regulation of these and related areas. The issue converges on the key question of whether AI can be endowed with legal personhood and capacity. Opposing views in this respect build on hardly compatible ethics and largely outdated scientific grounds with a clear perspective for deep cultural antagonisms and further fragmentation of the world. We contribute to this debate from the perspective of quantum cognitive science and show how it can resolve some of the current impasses. Our approach builds on the quantum-theoretic refinement of the concept of uncertainty into quantum and classical types: classical uncertainty denotes subjective ignorance of the present state of affairs, while quantum uncertainty accounts for individual freedom to construct the future. We show that legal capacity of intelligence, at bottom, is defined by the type of uncertainty it is capable to resolve. Natural intelligence, in particular, can resolve quantum uncertainties, generating genuine novelty and affective experience in the process. Classical AI, in contrast, is limited to algorithmic computation, bound to produce predefined results regardless of its complexity. Concepts of decision-making, subjectness, creativity, and personal meaning then are recognized as physically inapplicable to such systems. The proposed definitions of these terms complement and sharpen the criteria of legal capacity in the existing legislations, indicating that “autonomy” is essentially equivalent to “appreciation.” Classical AI then appears as fundamentally alien to subjectness and legal capacity both in civil and common laws, resolving a delicate contradiction between them. Quantum-empowered AI, in contrast, escapes this conclusion due to its access to quantum uncertainty, introducing novel challenges with respect to responsibility gaps and meaningful human control. The developed approach aligns with the present legal practice and ethical discourse, contributing to the scientifically informed development of law in technological societies.

The source material of the textbook was the actual theoretical and applied issues of the stage of initiation of a criminal case. The manual reveals the general provisions of the theory of initiation of a criminal case, the actual problems of considering a crime report, the procedural significance of the results of verification actions in proving a criminal case, trends and prospects for the development of this procedural institution. All sections are accompanied by control questions, tasks of a training nature designed to help in mastering knowledge of the discipline being taught. The publication is addressed to undergraduates studying under the program "Criminal Law and Criminal Proceedings" at the Moscow State Law University named after O. E. Kutafin (MSLA), it will also be useful to graduate students, students, scientists dealing with the problems of criminal proceedings.

This community service program aims to provide assistance and education on the implementation of the Business Identification Number (Nomor Induk Berusaha or NIB) for Micro, Small, and Medium Enterprises (MSMEs) in Rungkut Kidul Sub-district, Surabaya. Many MSME actors in the area still lack formal business legality, which limits their access to government support programs such as funding, training, and partnerships. Through this initiative, the implementing team conducted socialization, technical training, and direct assistance in the online NIB registration process via the Online Single Submission (OSS) system. The method employed was a participatory approach, involving local business owners as active participants in each stage of the activity. The results indicate that most participants successfully obtained their NIBs and gained a better understanding of the importance of business legality for long-term development. This program has made a significant contribution by raising legal awareness and business capacity among the community, while also strengthening the foundation of the local economy through a more structured and formal MSME sector.