Legal Application Research Articles

Nomination and Its Legal Status Concerning Moveable Estates for Muslims and Non-Muslims in Malaysia

This paper delves into the nomination overview and its status concerning movable estate only for Muslims and non-Muslims in Malaysia from both Islamic and Civil Law perspectives. Discussions focused on issues revolving around movable property such as the Pilgrimage Fund, Employee Provident Fund (EPF), unit trust and share, takaful and insurance, and pension. The pertinent legal provisions were also analyzed to ascertain legal application in its administration. It concludes that Muslims are subject to Faraid besides civil law while civil law applies to non-Muslims. Thus, the findings indicate that for Muslims, legal frameworks and guidelines are indeed necessary for uniformity.

Comparison of Regulations on Religious Freedom between Indonesia and Canada

Regulations on religious freedom vary widely from country to country. Several factors, including country history, culture, and religious demographics, can influence these different approaches to religious freedom. Considering all these aspects, this paper explores the differences in regulating freedom of religion between Indonesia and Canada by applying normative legal research methods. The studies concluded that the difference in regulating religious freedom between Indonesia and Canada lies in how they officially recognize religion, restrict the construction of places of worship, provide legal protection, prohibit discrimination, and approach multiculturalism. Although Indonesia recognizes several official religions, its legal application and protection may need to be clarified and more potent than in Canada, which has a more comprehensive and robust legal framework protecting religious freedom and respecting religious diversity.

Fraudulent act: problems of legal application

Introduction. In recent years, in the national doctrine of civil law, as well as in the judicial practice of Ukraine, there has been an expansion of features of the invalid transactions, in particular, a relatively new concept of "fraudulent act" has appeared, as a transaction aimed to harm the creditor. The paper is devoted to study content of the concept of fraudulent acts and determination of their characteristic features, the consequences of invalidating such transactions. Attention is drawn to the fact that the lack of consolidation the concept of a fraudulent act in the regulatory acts of Ukraine leads to different approaches in the interpretation of the concept of fraudulent act, which is followed, first of all, in court decisions. The purpose of the paper is to research perspectives for development and improvement of legal regulations in the area of invalidating transactions, as well as to develop proposals regarding the implementation of the concept of a fraudulent act to the rules of the civil legislation of Ukraine. Results. Based on the analysis of numerous judical practices, the concept of a fraudulent act is formulated through the prism of the general principles of civil legislation and the limits of the exercise of civil rights. Also defined the main characteristic features of such transactions are defined. It is emphasized that fictitious and fraudulent transactions have common features, but they differ in their purpose and consequences. The pudlication argues that the main purpose of concluding a fraudulent act is to cause damage to the creditor and prevent enforcement of the debtor's property. Conclusion. The paper grounds necessity to consolidate the definition of a fraudulent act in the Ukrainian legislation and to form a united concept in legal approaches to determining the grounds for recognizing fraudulent acts as invalid.

Conceptualising Energy Justice in the Context of Human Rights Law

ABSTRACTThis article explores energy justice in the context of human rights law. Although energy justice and human rights in the energy sector are fundamentally interconnected, energy justice research within and beyond legal scholarship has not engaged with human rights law or vice versa. As an academic effort, energy justice suffers from a lack of real-life legal application. Human rights law, on the other hand, is a well-established legal discipline and a branch of international law operationalised through broad means, comprising international and national legislation and litigation. This article argues that human rights law can be used to frame the same substantive issues as energy justice and that, because of this, human rights law could provide energy justice with a legal (rather than purely academic or policy-focused) framework for its operationalisation.

Interests in Russian law: Concept and Types

Relevance. The study of interests in law has an inexhaustible topical theoretical and practical significance, because, as the German philosopher of law R. Iering explained, interests move the world. Indeed, socially significant interests that have received legal support (recognition, consolidation) actively influence the formation, exercise and protection of subjective rights, the implementation of legal relations, legal responsibility, the achievement by subjects of law of the desired material and spiritual benefits, as the ultimate goal of law regulation, law enforcement and legal application. Unfortunately, legal science has not formed the final theoretical provisions on the nature, content, functional purpose and types of legal interests (legitimate interests, interests protected by law, interests in law). The author of the article set the task to indicate his position on some topical issues of the topic under discussion.Purpose – to find out the nature, concept, content, purpose and types of legal interests, the interaction of social interests with law.Objectives: to identify the essential features of social and legal interests, to formulate the concept of legitimate (legal) interests, to find out the types of legal interests, to establish general and specific features of social and legal interests.Methodology. In the course of the study of the designated topic, such general scientific and private scientific methods of research were used as formal-legal, system-structural, logical, comparative-legal, method of analysis and synthesis.Results. Based on the analysis of the theoretical conclusions of well-known Russian researchers, the author formulated and substantiated his own position on the concept and types of legal interests (interests in Russian law), it is noted that legal interests are socially significant interests that have found their “registration” in the norms of positive law and subjective rights, or social interests not enshrined in subjective rights, but protected by law on the basis of the meaning (spirit) of the law, legal principles.Conclusion. Socially significant interests initiate the emergence, change and termination of legal relations, contribute to the achievement by the subjects of law of the desired material and intangible benefits, the satisfaction of their needs.

Settlement on Admission of Guilt – Pros and Cons

Aim: The settlement on the admission of guilt is a relatively new legal institution in our criminal procedure law. Not even five years have passed since the entry into force of the relevant regulation, however, the representatives of the profession are still keenly interested in the question of whether the results of the legal application of the agreement justify the legislator’s expectations. The author of this study aims to reflect on some significant critical professional observations from his point of view.Methodology: The author discusses the regulatory history of the legal institution and the legislative intent behind it. It quotes the most important scientific research results. Eventually, it draws conclusions based on statistical indicators.Findings: The low statistical data of the settlement does not give a complete picture to consider this legal institution. According to the author’s point of view, it is not merely a question of quantity but also quality. It can be concluded that, in practice, settlement typically takes place in complex, complicated cases, whose financial and human resources, as well as their social focus, exceed the average.Value: The study sheds light on the issue of how the settlement is judged from a new angle, therefore shading the criticism that this legal instrument did notfulfil the expectations attached to it.

Legal Risk in the Management of Forest Cover in a River Basin San Juan, Cuba

The protection of forest cover in Cuba is a state priority. It is part of the state plan to deal with climate change. The purpose of this paper is to assess the legal risks associated with the protection of forest cover, which is essential to ensure the sustainability of hydrological watershed management in Cuba. The qualitative method of social research was followed. Techniques of content analysis, semi-structured interviews, and legal exegetics were applied. Geographic information system (GIS) and remote sensing techniques were also used to triangulate data and results. This article provided a robust analytical framework for generating innovative laws for land planning through a three-phase methodological design associated with configuring, interpreting, and applying tools for stopping deforestation processes based on watershed management. As a result, it was demonstrated that limitations reveal a deficient legal application with risk in the river basin, and a significant causal relationship between institutions and communities. Furthermore, the study indicated that although there are legal norms that regulate the protection of forest cover in the studied basin, its vulnerabilities generate uncertainty about the foreseeable results in management of forest cover. It is recommended that the Provincial Council of Hydrographic Basins include the design of legal risk indicators for forest cover management into the sub-plan for forest area increase. These recommendations constitute a set of related actions to improve the sustainability of the above-mentioned management.

Crimes against humanity in the context of the armed conflict in ukraine: definition, problems of distinction with related offences

The article is devoted to the characteristics of crimes against humanity as a category of international criminal law and in the context of the armed conflict in Ukraine. It has been stated that corpus delicti of crimes against humanity reveal many features which have a common meaning with the features of war crimes, and this creates difficulties in legal application. A table of the norms relevance and their drafts on crimes against humanity and war crimes under the Rome Statute of the ICC and the draft UN Convention on the Prevention and Punishment of Crimes against Humanity has been compiled. The criteria for distinction between these corpus delicti has been proposed. It has been established that the Criminal Code of Ukraine does not contain special corpus delicti of crimes against humanity. The conceptual direction of national criminal legislation improvement has been determined.

On the Application of Law in Mongolian Contract Relations

Contract is an important tool or means for people to conduct international civil and commercial exchanges. In international civil and commercial exchanges, a contract often involves multiple countries. However, various countries have different provisions on the contract legislation, such as the establishment, effectiveness, dissolution and other issues, thus forming a large number of legal conflicts related to foreign-related contracts. The legal application of foreign-related contracts has subsequently become an important issue in international justice.

Access to healthcare technologies in the context of sanctions and unilateral restrictive measures.

The object of the study is public relations arising from the interaction of international intergovernmental organizations, government agencies, transnational corporations and non-state actors in the framework of ensuring human access to health technologies in the context of unilateral restrictive measures and sanctions. The subject of the study is international legal norms, documents of international organizations, as well as acts of domestic law that form guarantees of ensuring the human right to the highest attainable level of health and access to healthcare technologies. The purpose of the study is to conduct a comprehensive analysis of the practical significance of the application of international legal and domestic mechanisms aimed at minimizing the humanitarian consequences of sanctions and unilateral restrictive measures and expanding access to vital health technologies. The methodology of the study is based on the general scientific method of cognition, including the formal logical and situational method and private law methods, such as comparative, historical and formal legal methods. The article presents an analysis of the importance of health technologies in achieving international goals in the field of development and human health protection, as well as priorities in the implementation of national health strategies. The theoretical aspects of access to healthcare technologies in the context of unilateral restrictive measures are consistently considered as an important element of ensuring international guarantees of human rights protection. The authors present the differences in the normative content of the concepts of "sanctions" and "unilateral restrictive measures" in accordance with international law, as well as a legal assessment of the legitimacy of their application. The article systematizes the consequences of the application of unilateral restrictive measures on the availability of healthcare technologies in various regions of the world, as well as the practice of applying the norms of international and domestic law to overcome them.

PENERAPAN PASAL 51 AYAT (1) KUHP DALAM MENENTUKAN KESALAHAN DAN PERTANGGUNGJAWABAN TINDAK PIDANA KORUPSI DI BIROKRASI

This research is motivated by the fact that in recent years, many defendants from Corruption Crime cases have used Article 51 paragraph (1) of the Criminal Code, as evidenced by many Judges in the District Court (first instance) who granted the request, but many were also Supreme Court Judges who annulled it. The problems in this study include (i) What are the provisions of the position order contained in Article 51 paragraph (1) of the Criminal Code that can eliminate errors and accountability for corruption in the bureaucracy? (ii) How is the legal application of the office order in Article 51 paragraph (1) of the Criminal Code in determining the guilt and responsibility of corruption crimes in the Supreme Court Decision No. 685 K/PID/2005 and No. 1393 K/Pid.Sus/2014. This research is a normative research with juridical approach methods and analytical descriptive. The data was come from secondary data, primary legal materials, secondary legal materials, and tertiary with literature data collection. The method of analysis used is a qualitative analysis. The results of the study First, there are (2) two conditions that must be met in order for an executor of an order to escape the noose, namely subjective conditions and objective conditions. Secondly, in Supreme Court Decision No. 685 K/PID/2005, judges apply the law normatively without judging more deeply and fundamentally, as in Supreme Court Decision No. 1393 K/Pid.Sus/2014, judges are more deeply assessed regarding the condition that a person can be given Article 51 paragraph (1) of the Criminal Code.

State security of Israel: international and national legal aspects

The object of the study is Israeli international and national legal relations to ensure the defense of the country and the security of the state, the subject is normative legal acts establishing the regime of protection of Israel from internal and external threats. The article discusses the international treaties of the State of Israel concerning weapons of mass destruction and the fight against terrorism, as well as Israeli documents on defense and security management. The authors pay attention to the genesis and evolution of the Israeli armed forces and special services, the peculiarities of their functioning. The institute of military duty and conscription for military service in the Israel Defense Forces (IDF), current problems of the activities of the Mossad and AMAN intelligence services, as well as the general security service - Shin Bet (SHABAK) are considered in detail. The above practice of military administration in the State of Israel is relevant in the conditions of modern militarism. The researchers propose to use the Israeli experience of legislative regulation in the field of national defense and state security in the current Russian historical conditions. The scientific novelty of the work consists in presenting the reader with original information on the subject of the article, relevant conclusions and suggestions. The main ones are the conclusions about the presence of tactical nuclear weapons in Israel, its deliberate postponement of the application of international legal acts on weapons of mass destruction in order to develop them and deter opponents. It is proposed, by analogy with Israeli legislation, to deprive Russian citizenship for crimes against the foundations of the constitutional order and security of the Russian Federation, extremism and terrorism. The article substantiates the introduction of universal military duty for Russian citizens using, by analogy, the Israeli system of deferrals from military service. It is proposed to train ordinary and non-commissioned personnel of the domestic armed forces in working professions, as in Israel, and the official granting of unlimited powers to Russian intelligence abroad.

THE MAIN DIRECTIONS OF IMPROVEMENT OF LEGISLATION IN THE FIELD OF SOCIAL SERVICES

The purpose of the research - is a comprehensive study of the main directions of improvement of the normative legal framework in the field of social services. The methodology of the research - methods of research as analysis, synthesis, comparative analysis etc. were used during the research. The results of the research - it is proposed to combine numerous laws and other legislative acts that make up the normative legal framework in the field of social services into a single normative legal act - the Code of Social Services, to consider the issue of teaching a new legal subject - "Legal regulation of social work" to students studying social specialization. The practical importance of the research - it can make substantial contributions to the implementation of the "State Program for the Development of Social Services in the Republic of Azerbaijan for 2023-2026", approved by the Decree of the President of the Republic of Azerbaijan dated August 28, 2023. The originality and scientific novelty of the research - the need to combine numerous laws and other legislative acts in the field of legal regulation of social services into a single code was justified by scientific research methods for the first time, and its great practical importance and efficiency in the field of legal application was studied.

The legal application of new labor relations—taking riders as an example

The legal application of new labor relations—taking riders as an example

성폭력 범죄의 신빙성 판단기준인 성인지 감수성에 대한 고찰

When sexual violence crimes are committed in a private space, there is little physical evidence, and it is not easy to prove the perpetrator's crime as the victim is the only witness. If the arguments of the two parties are different, there is no choice but to worry about whose statement to give faith. In sexual violence crimes, gender sensitivity appears as a criterion for judging the credibility of victim statements.
 Gender sensitivity is a broad ability to recognize gender discrimination and gender inequality, a concept that has recently emerged to improve gender-related perceptions such as gender equality and gender awareness. Originally, gender sensitivity was a cognitive concept that was not related to the legal application of criminal cases and should be applied to policies or systems. In 2018, the Supreme Court applied for the first time in sexual harassment cases. As the Supreme Court cites this in criminal proceedings, it appears to be important in its meaning under criminal law.
 However, gender sensitivity is a concept that requires judgment from the perspective of an average victim, and what it means is ambiguous. In addition, there is a concern that objective and detailed arguments may be omitted during the trial process by hastily generalizing the victim's statements. It is also very dangerous because it seems to be implicitly understood to put more credibility on the victim's statement. In addition, it may be quite unreasonable to judge guilt or innocence based on the victim's statement. This is no different from estimating facts based on the victim's statement, so there is also a risk of a public opinion trial.
 Gender sensitivity should be satisfied that the victim cannot be said to be not a victim just because he/she acted uncharacteristically. In other words, gender sensitivity cannot be the only criterion for solving sexual violence crimes. This is the same as victimhood in a narrow sense. In other words, gender sensitivity and victimhood should act as passive elements that cannot be said to be victims just because they do or do not do such actions. Therefore, gender sensitivity or victimhood cannot be the only criterion for judging the credibility of victim statements. If only statements exist and there is no physical evidence, there is only an effort to reveal the truth, but the perfect substantive truth cannot be revealed. Therefore, the contents of the statement should be comprehensively evaluated and the principle of presumption of innocence should be followed. In addition, it can be said that a case without reasonable doubt in conviction requires a high degree of certainty compared to a case with physical evidence.

Criteria for the normativity of interpretative legal acts in Russian judicial practice

The subject. The article focuses on the concept of acts which clarify legislation and have normative properties (acts with normative properties, or ANPs). This concept was introduced in Russia’s procedural legislation in 2016 in order to allow such acts to be challenged by way of judicial review. ANPs are different from normative acts and, in accordance with the established doctrinal classification, can be described as interpretational acts.The purpose of the article is to examine the nature of ANPs and the way in which Russia’s courts decide judicial review claims which seek to challenge ANPs.The methodology includes interpretation of Russian procedural legislation and analysis of doctrinal researches on judicial review of ANP. The authors also analyze the materials of the empiric monitoring of judgments in ANP judicial review cases and ascertain the criteria of normativity which are relied upon by Russia’s courts when identifying ANPs and distinguishing between ANPs and other legal acts – primarily, between ANPs and normative acts. The main results, scope of application. The authors describe the drafting defects in the procedural legislation and maintain that the statutory definition of ANP lacks clarity. The authors put forward their own definition of ANP as distinguished from normative acts, on the one hand, and acts that apply legal norms, on the other hand. The authors argue that, in contrast to normative acts, ANPs not only lay down the will of the issuing authority, but also have a knowledge acquisition (cognitive inquiry) component in them. There is a logical and semantic link between the content of an ANP and the norms which are contained in a normative act and are interpreted by the ANP. In contrast to an act of legal application, the validity of an ANP depends not only on the competence of the authority that issued the ANP, but also on the validity of the normative act interpreted by the ANP. Further, acts of legal application, but not ANPs, establish a logical correspondence between individual objects and the general concepts used in legal norms.The authors also analyze the doctrinal works on judicial review of ANP. The scholars who criticize the introduction of this procedure in the legislation believe the concept of ANP to be superfluous for various reasons and argue that ANPs are either non-normative acts or defective normative acts. The authors of this article, however, maintain that the scholars who criticize the concept of ANP do not take into account the special nature of ANP normativity – i.e., normativity of interpretational acts. The authors put forward a hypothesis regarding the way in which courts are likely to treat ANP judicial review cases, describe the materials of the empiric monitoring, and then provide the statistical result of the said monitoring.Conclusions. The analysis of the content of judicial acts allowed the authors to identify five types of interpretational collisions between the original legislative norm and its interpretation (clarification) in an ANP. The reasoning of the courts was analyzed to reconstruct the criteria used by the courts to establish whether a challenged legal act has normative properties. The authors identified that the courts consider that there are two ways in which an ANP can acquire normative properties: either through the expression of the will of the issuing authority or through actual application of an ANP. The authors describe the criteria of both types of ANP.The authors conclude the article with the description of the main problems revealed during the monitoring and propose their possible solutions.

Penyelesaian Sengketa Rumah Susun Yang Masih Terikat PPJB Oleh Pengembang Nakal Yang Melakukan Wanprestasi

The high demand for housing and the lack of human income causes the construction of flats to increase, because the cost is cheaper and usually many buyers can only afford a down payment or down payment. Because the purchase cannot be carried out, the party can make a binding agreement as a preliminary agreement for the sale of flats. PPJB is carried out in a condition where the building is not completely finished, which is 20%. Sales through PPJB cause many laws that harm prospective buyers, one of the problems is facing the sale and purchase binding deed because the developer is in default. It is said to be in default because the developer did not heed the agreement. To minimize the loss of potential buyers, there must be clear and definite law enforcement that can provide justice and legal protection. The purpose of this legal research is to determine the protection aspect of land law due to default. This study uses a normative juridical legal research method with a conceptual and legal application approach to fulfill views and doctrines as the basis for legal arguments on legal issues that must be investigated. Results Based on the research, it is known that the making of PPJB for Houses/Condos made by a notary based on PERMENPUPR Preliminary System for Sale and Purchase of Houses/Sarrusun Reflects as legal certainty and the Notary is obliged to make a PPJB deed in accordance with what has been determined in PERMENPUPR Preliminary Agreement System for Sale and Purchase of Houses/Sarusun, with still refer to Article 38 of the Law on the Position of Notary and its Amendments

New development: Public governance in the discursivity of the Brazilian government—a reflection on conceptual reduction

IMPACT This article presents a topic of relevance to public management research communities in non English-speaking countries. The principal argument is the concept of ‘sociological reduction’. The article addresses aspects related to the translation and critical assimilation of foreign concepts in social sciences. The authors illustrate the argument by showing how Brazilian authorities got lost when translating the term ‘public governance’ into the Brazilian legislation, treating it as synonymous with ‘corporate governance’ and ‘good governance’. This article will help researchers and policy-makers in maintaining terminological cohesion and facilitating the legal application of foreign concepts.

The New EU Crowdfunding Regulation - Explanations & Perspectives

This article is for scholars and lawyers with the purpose of providing the reader with a legal introduction to the new EU legislation on crowdfunding (Regulation EU (2020/1503) on European crowdfunding service providers for business (hereinafter the “ECSPR”)). The article focuses on key legal topics and aspects of the ECSPR, and seeks to provide perspectives, where applicable, of how the provisions of the ECSPR can be assessed from existing legislation of the EU Member States, mainly in a Danish law perspective. The authors are finance lawyers and will on the article include examples from practical legal application based in their experience.

The Legal Correspondence of Sexual Self-Defense Capability Assessment.

To understand the legal application and case deposition of assessment opinions of sexual self-defense capability, and to explore the necessity of legal correspondence in the sexual defense capability assessment. According to the self-made questionnaire, the cases of sexual self-defense capability assessment completed by the Academy of Forensic Science from January 1, 2012 to December 31, 2018 were statistically analyzed through telephone interviews and referrals. Among the 69 cases, 3 cases (4.3%) had complete sexual self-defense capability, 30 cases (43.5%) had weakened sexual self-defense capability, 32 cases (46.2%) had no sexual self-defense capability, and 4 cases (5.8%) were not suitable for assessment. Among the 30 cases with weakened sexual self-defense ability, 15 cases were filed and investigated by public security authorities for rape and 15 cases were not. The inconsistent rate of disposition was 1∶1. Among the 15 rape cases filed and investigated by the public security authorities, 10 cases were arrested and prosecuted by the procuratorate and sentenced to fixed-term imprisonment by the court, while the other 5 cases were not arrested and prosecuted by the procuratorate, with an inconsistent rate of disposition being 2∶1. The legal application of the assessment opinion on the weakening of sexual self-defense capability is inconsistent, and the judicial disposition is confusing. It is imperative to unify and correspond the classification of sexual self-defense capability with the legal requirements.