Aspects Of Public Law Research Articles

Dualism of Labor Law: Private Law and Public Law Aspects

The relevance of the topic of this article is due to the fact that the structure of labor law as a regulator of public relations contains the principles of both power and subordination, and equality of the parties. Despite the prevalence of the concept of dualism in labor law, there is no consensus in legal science regarding its content.The purpose of this article is to develop scientific provisions reflecting the features of dualism in labor law. Proceeding from the designated goal, the author set tasks: to determine the private and public legal aspects in the dual nature of labor law. In the process of studying national interests, the dialectical method of cognition was used as a philosophical basis, as well as general scientific research methods: ascent from the abstract to the concrete, the system-structural method. private scientific methods: formal legal, as wellas logical means of cognition — analysis, synthesis, deduction, induction.As a result of the analysis of scientific and regulatory sources, the following conclusions were formulated: 1) The state performs several functions in achieving a balance of private and public legal interests in the field of labor regulation: legislative, control, social, intermediary. 2) By promoting a balance between the interests of workers and the State, civil society contributes to ensuring fairer and more stable working conditions for all.

The Synergy of Customary Criminal Law and National Criminal Law: Orientation Towards Criminal Law Pluralism

<em>The synergy between customary criminal law and national criminal law is an important orientation in criminal law reform. This can be seen from the substance of the New Criminal Code which emphasizes the importance of acknowledging the existence of customary criminal law so that aspects of legal pluralism are implemented. This study aims to analyze aspects of the notion of pluralism of criminal law in Indonesia as well as to describe the new orientation of Indonesian criminal law which emphasizes the synergy between customary criminal law and national criminal law. This research is a juridical-normative legal research using a conceptual and statutory approach. The results of the study confirm that the development of the idea of legal pluralism in Indonesia has implicitly been going on for a long time and has even been discussed in a limited way at the BPUPK-PPKI session. After the ratification of the New Criminal Code, the idea of criminal law pluralism has increasingly come to the fore by providing recognition of customary criminal law which emphasizes that after the passage of the New Criminal Code there has been a change in the orientation of legal pluralism which leads to aspects of public law, namely criminal law pluralism. orientation and synergy between national criminal law and customary criminal law based on legal pluralism also requires synergy and precise division of tasks between national law enforcement officials and customary law enforcement officials</em>

Antonín Švehla a pozapomenuté diskuze, osnovy a návrhy realizovaných i nerealizovaných zákonodárných projektů jeho doby

The article deals with selected forgotten discussions on legal and sub-legal projects in period 1918–1929 when Antonín Švehla held important state executive positions. It draws attention to the importance of Antonín Švehla for the legislation and interpretation of law, and also tries to highlight specific significant projects from that period that are important for the trends in the development of legal sectors, especially in the sectors of labour law and social security in Czechoslovakia. The article provides some new insights into the history of law in the Czech lands in the first half of the 20th century, e.g., the considerations on the creation of the Labour Code as early as in the 1920s, the public law aspects of labour law and their abandonment, efforts to unify social security legislation, etc. It refers to the important institutions that were to influence the shape of commercial and trade law, as well as labour relations, at the beginning of the Czechoslovak Republic. The efforts to abolish the death penalty are also mentioned in the article. The article does not limit itself to normativity, but also considers interest, socio-economic and other extra-legal influences on the shape of the legal order.

The Parameters of Absolute Competence of General Courts and State Administrative Courts in Adjudicating Land Disputes

The judiciary, as a subsystem of the judicial power system in Indonesia, consists of four judicial environments, namely the general judiciary, religious court, military court, and state administrative court. The parameters for determining the authority of each judicial body are as specified in Act Number 48 of 2009 concerning Judicial Power. This research aims to analyze the existence of legal instruments, the scope of authority of the State Administrative Court and the general court in land disputes, as well as the absolute competency parameters of the general court and State Administrative Court in adjudicating land disputes. The problem was investigated using several approaches, namely the conceptual approach, the statutory regulatory approach, and the case approach. The research can provide a theoretical contribution, namely a contribution of thought to the development of legal science, especially administrative law, in the form of concepts and theories related to the authority of the judiciary. Practical contributions can be a contribution of thought to the community and legal practitioners, especially judges, in recognizing aspects of public law and aspects of civil law in dealing with land disputes.

Traditional family values as an object of interest: private law and public law aspects

The article considers traditional family values as an object of legal protection and protection, examines the nature of family relations, and provides approaches to determining the essence of the traditional understanding of the family. On the basis of a systematic analysis of the current legislation, a characterization is given to family legal relations and their regulatory norms, the content and object of family interests are determined; the definition of the traditional values of the Russian family is formulated. In conclusion, it is concluded that the current unstable political and economic situation in the modern world is accompanied for Russia by the emergence of not only new challenges and threats, but also additional opportunities. In particular, it is proposed, when improving family legislation, to take into account traditional family values and be based on Russian historical experience, and not alien, foreign. The study was carried out using the general scientific dialectical, formal-legal method of cognition, as well as the method of inductive and deductive logic.

CONTRACTS IN MUSEUM OPERATIONS.PUBLIC-LAW ASPECTS

In 2022, the Wydawnictwo UniwersytetuGdańskiego published Umowy w działalności muzeów.Zagadnienia publicznoprawne [Contracts in MuseumOperations. Public-law Aspects] by Paulina Gwoździewicz-Matan. It is a supplement to the book by Paulina Gwoździewicz-Matan. Iwona Gredka-Ligarska, and Prof. Wojciech W. KowalskiUmowy w działalności muzeów. Prawo cywilne. Prawo autorskie[Contracts in Museum Operations. Civil Law. Copyright].The study’s Author does not deal with the application of thecorpus of public law to museum operations, but with the selectedissues related to the specificity of museums’ activityaimed at amassing and protecting collections. The first sectionsof the study tackle the legal status of museums and theimpact of subsequent regulations of public law on the contractsconcluded by museums, beginning with the basic act,namely the Act on Museums. Subsequently, the Author proceedsto analysing the Act of 11 September 2019 on PublicProcurement Law as well as fiscal regulations in the contextof such contracts. In the following chapters, the applicationof the provisions of the Act on the Security of Personal Dataand regulations concerning the disclosure of contracts by themuseums which are public sector units are discussed. A valuablecomplement to the study can be found in a set of contracttemplates contained in an Annex; they actually translate intothe summing up of the conclusions presented in the study andalso resulting from the study Contracts in Museum Operations.Civil Law. Copyright. The Annex contains the set of contracttemplates most frequently used by museums. The discussedstudy should be found in the book collection of every individualdealing with the legal aspects of museum operations.

Electronic document circulation: private law and public law aspects

The article examines electronic document circulation from the standpoint of private law and public law aspects of legal regulation. A comprehensive analysis of legislative acts of Ukraine in the field of public administration and civil legal relations regarding the regulation of electronic document circulation, identification of key points affecting decision-making in the field of documentation management, carried out using a systematic approach and the method of comparative analysis, historical and comparative methods. Justification of the classification of the regulation of the organization of document circulation regarding the interaction of various subjects with state authorities as objects of law requiring special legal regulation. Attention drawn to the direct interrelationship of legal and technological procedures of documentation, production and protection of documents. The basis for recognizing the legal force and significance of a document is the implementation of technological and legal procedures for documenting information and producing documents. Based on the comprehensive analysis of legislative and regulatory documents, scientific research, on the materials obtained during the study of the functioning of electronic document circulation, distinctive features were formulated that are included in the complex documentary and archival functional requirements for information systems that automate document circulation and take into account the possibility of creating and maintaining multiple document movement schemes in order to ensure the corporate flow of documents, the need to integrate electronic document management systems with other information systems, the possibility of using technological solutions to optimize document management processes, increase the efficiency of information transmission, and eliminate errors during document processing. It indicated that the modular integration model of electronic document circulation in the authorities provides for the possibility of technological connection of a certain number of modules to increase the functionality of the system. An enterprise focusing on digitization should implement electronic document management.

СТАН ПРАВОВОГО РЕГУЛЮВАННЯ ВИРОБНИЦТВА ТА РЕАЛІЗАЦІЇ СОНЯЧНОЇ ЕНЕРГІЇ

The article is devoted to the analysis of the modern post-war state of legal regulation of the production and sale of solar energy in Ukraine, namely the public-law aspects of the relevant sphere of legislation. The national legislation on solar energy was evaluated and it was found that since the introduction of martial law at the state level, a number of important actions have been taken in the direction of reforming and developing the legislative framework in the field of production and sale of solar energy. The problems of public and legal support for the development of solar energy are traced. The system of legal protection of solar energy requires changes in the part of tax and customs legislation regarding the legislative stimulation of the development of solar energy. The need to develop a national strategy for the development of alternative energy, in particular solar energy, as a tool for replacing and modernizing the outdated Soviet energy infrastructure, which suffered as a result of the aggression of the Russian Federation, is proven. The "green" tariff needs revision, which is due to pre-war legislative changes in terms of reducing the size of the "green" tariff. Attention is focused specifically on the public legal mechanisms of legal regulation of relations in the field of production and sale of solar energy. The modern post-war state of legal relations in the relevant field is highlighted, and problems in the functioning mechanism of the relevant market are identified. Proposals have been put forward regarding the unification of state and legal influence on the field of solar energy production and its implementation. Taking into account the previous experience of the operation of the solar energy market, it is proposed to form state principles of stimulating support for the implementation of technologies for saving generated energy using energy storages. The studied international legal obligations confirm the need for a state role in the field of fulfilling the accepted international obligations in the field of energy and the vector of potential accession to the European Union, the development of a legislative and regulatory framework that does not aim to reduce the dependence of the national economy on energy produced from fossil fuels resources.

Public Law Aspects of Technical Regulation of Artificial Intelligence in Russia and the World.

Within the framework of this article, a comparative analysis of existing approaches to the implementation of technical regulation of artificial intelligence in the public law of Russia and foreign countries is carried out. As part of the comparative analysis, the basic problems in the field of proper technical and public regulation of artificial intelligence in the world practice are identified, the practice of technical regulation in Russia is considered separately, and possible compensatory legal measures are proposed to ensure transparent and proper practice of technical regulation of artificial intelligence in the field of public administration in Russia. The subject of the study is the legal relations of public authorities in the field of technical regulation in relation to artificial intelligence. The object of the study is the regulatory documents, recommendations and other documents regulating the implementation of the autonomy of artificial intelligence for the purposes of public legal relations in Russia and foreign countries, academic publications and analytical reports on the issues under study. The research methodology integrates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutical, comparative legal, formal legal (dogmatic), etc. Within the framework of this study, special emphasis is placed on the implementation of a comparative legal study of the problems of ensuring the proper quality of technical regulation of artificial intelligence through the prism of the actions of standardization bodies and other public authorities. The considered typical situations, the current practice of technical regulation of artificial intelligence, as well as the methods proposed by the author can be reflected in the legislative and law enforcement practice of relevant authorities responsible both for technical regulation and for ensuring the integration of this technology into the sphere of public legal relations.

Private Law Aspects of Suborbital Flights: Second- and Third-party Liability and Insurance

Two companies carried private citizens to the edge of space in July 2021. Although suborbital flights have so far taken place within one jurisdiction—they start and end in the same state, do not pass through foreign airspace, or meet both criteria—they will become international when transportation between two points in different states via outer space becomes a reality. Inter- national law is ambiguous about the regulation of suborbital flights; neither international air law nor international space law explicitly apply. It is also unclear which organization or institution should be mandated with the international regulation of suborbital flights. The legal uncertainties must be solved to ensure a safe environment and a healthy industry. The characterization of suborbital flights as either aviation or spaceflight has important consequences, such as whether it concerns aspects of public law (e.g., safety) or private law (e.g., second- and third- party liability and insurance). This Article focuses on the latter—the private law issues of second- and third-party liability insurance against such liability in the fields of both air and space law, illustrating the differences between the two and underlining the need for a solution. When taking place within one jurisdiction, suborbital flights operating within a state’s territory are properly subject to state regulation through national law, as this would purely be a national activity falling within a state’s sovereign jurisdiction. Thus, states could decide to consider this activity as either aviation or spaceflight and apply air or space law accordingly. This may, however, lead to fragmentation and legal uncertainty. When flights become international by crossing borders on Earth, inter- national agreement about what law should govern suborbital flights becomes critical and should be developed in close cooperation between the International Civil Aviation Organization (ICAO) and the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS). A new sui generis regime will likely borrow from both air and space law and insurance practices. Until such a regime under international law is adopted, national law will govern these issues. The only available model is U.S. law, which seems suitable for the short- to medium-term until an international regime emerges and the industry matures. This Article will analyze current regimes and formulate recommendations for the way forward. Pursuant to that analysis, this Article concludes that a new international agreement on the operation of suborbital flights is required. For the time being, national law, harmonized to the maximum extent, should pro- vide a solution. The Article further aims to identify relevant points for the establishment of national legislation and, in the longer term, an international agreement. Whether or not this will take the form of a legally binding instrument remains to be seen, although the latter seems more realistic in the current geopolitical context.

Surrogacy in international private law and public law aspects

The proposed article is devoted to the issue of surrogacy in its international private law and public law aspects. The complexity and multidimensionality of issues, the emergence of which is due to the birth of children as a result of agreements on surrogacy, have been investigated. Taking into account the three main approaches to the problem of surrogacy existing in the world, namely: the first is a number of states and organizations that categorically deny the very possibility of trade in the context of surrogate motherhood, noting that the child is not talking about any deal; the second approach is that a significant number of stakeholders express concern about the potential merger of surrogate motherhood and child trafficking, which could lead to the criminalization of surrogate mothers and future parents, as well as possible violations of the right to sexual and reproductive health; the last group is a number of states and organizations that have spoken out in favor of a complete prohibition of surrogacy without any restrictions, the consequences of such approaches have been analyzed. Within the framework of this article, the author considers it appropriate to cite the position of the UN Special Rapporteur on the sale of children and the sexual exploitation of children, including child prostitution, child pornography and the production of other materials on sexual abuse of children, the Permanent Bureau of the Hague Conference on Private International Law, as well as the European Court of Justice on human rights on the issues considered. The article draws a number of conclusions. First of all, compliance with the recommendations of the Special Rapporteur requires the adoption of urgent measures to prevent violations of the rights of all participants in a surrogacy relationship due to their vulnerability. Also, regarding the lack of regulation of these legal relations at the level of law within the jurisdiction of Ukraine, the author expresses his opinion about the certain justification of such a situation until a unified normative act is adopted based on the results of the work of the Hague Conference on Private International Law. Harmonization of legal norms at the national and international levels will allow in the future to avoid conflicts in relations of cross-border surrogacy, taking into account the issues of child trafficking, non-discrimination and the right to health of children born through surrogacy, citizenship, name and family ties in the framework of respect for the child’s right to preserve his identity, as well as access to information on origins and rights to family life, etc

India's Jumbled Public Policy Jurisprudence: Stretch, Demarcate and Saw (Pipes)

The doctrine of public policy is a channel through which public law enters private law and bars it from actualizing its normal legal consequences. Even though public policy is an old doctrine in common law, it is not clear which aspects of public law could enter the arena of private law and make it unenforceable. Despite the historical importance of the doctrine of public policy in contractual settings, there is still an unresolved tension at the heart of the intersection between private conflict resolution mechanisms and public policy.

Administrative Justice as Human Right: A Perspective from South Africa

Administrative justice should be a human right. However, it is not easily subsumed into the general body of human rights law because administrative law principles are largely procedural in character, hence, subject to domestic law. In some countries administrative justice is dependent on its development via common law by the courts, while in others is possible to have recourse to a constitutional provision permitting persons whose right is infringed by state action to seek constitutional redress. The article discusses administrative justice as a human right under the South African Constitution with a view to showing potential learning experience for other jurisdictions, and to possibly provide knowledge as to how best the legal framework pertaining to administrative justice could be developed to strengthen the protection of rights violated by action of government or those acting on its behalf. In South Africa, the Constitution and the PAJA constitute the source of the right to just administrative action while the common law ceases to have effect and will continue to inform the content of administrative law and other aspects of public law. The article shows how the Constitutional Court is empowered to develop the common law in relation to the application of the Bill of Rights to natural or juristic persons. The article concludes that constitutional and statutory provisions are available to facilitate the enforcement of the right to just administrative action, ensuring that every person ‘has the right to approach a court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief.’

Public Law Aspects in the Employment of University Teachers in the Light of the Act: Law on Higher Education and Science

In spite of its obligation-based nature, the contractual employment relationship of university teachers still has some properties that make it similar to the structure of a public law service relationship. Here, the specificity of the employment of university teachers is determined by the elements of content of their employment relationship that are closely linked to the realisation of the government’s duties related to science and higher education. The different employment status of university teachers is in fact a heterogeneous solution, where the obligation-based nature of the employment relationship is complemented with elements that are characteristic for public law service relationships.

Foundations of the Uncodified Historical Constitution of Hungary

The article examines the evolution of the Hungarian Public and Constitutional Law from 1301 until the Austro-Hungarian compromise in 1867. The topic is highly relevant, because the year 2017 marked the 330th anniversary of the 1st and 2nd Act of 1687, which state that the Habsburgs are the only and true heirs of the Hungarian throne; it also marked the 150th anniversary of the Austro-Hungarian Compromise. Furthermore the current Fundamental Law says that “We honour the achievements of our historical constitution and we honour the Holy Crown, which embodies the constitutional continuity of Hungary’s statehood and the unity of the nation”. The main chain of thoughts of the article presents the crown-ideology and the Doctrine of the Holy Crown, the Rákos field resolution of 1505, the Acts 2 and 3 of 1687, the Pragmatic Sanction, Acts 10 and 12 of 1790, the public law aspects of the April Laws of 1848, and the laws on the Austro-Hungarian Compromise. The article presents the fundamental documents of the Hungarian uncodified historical Constitution issued within the given period. Through their formation and historical background we can truly understand the Hungarian customary law and the legal traditions, which are still honoured by our present Fundamental Law.

Public-law Aspects of the Institutional Public Support for Entrepreneurs of Small and Medium Enterprises Sector

In the article, there are analysis of the sources of the law binding at present in Poland (Polish and European Union regulations) having in mind the law regulations related to institutional public support for small and medium enterprises is presented. Moreover, review of the forms of institutional public support for small and medium enterprises sectors is done. The new proposals of changes in the law binding at present in Poland are formulated. These proposals make possible the growth of the important sector of the Polish economy.

Datafin to Virgin Killer: Self-Regulation and Public Law

In this paper, the treatment of self-regulatory and other private bodies for the purposes of English public law is reviewed. Starting with the expansion of the scope of judicial review of administrative action in Datafin , the question is explored alongside other key aspects of public law, with an argument being advanced that there are in fact multiple definitions of public authorities and public function currently used for a range of purposes. Datafin is compared with the case law under section 6 of the Human Rights Act, including YL . Particular attention is paid to the less familiar areas of the law where specific statutes require public authorities to carry out duties, such as legislation pertaining to freedom of information and equality rights. It is argued that, while the definitions and lists used in the case of these statutes draw upon the experiences of the courts in applying Datafin and section 6, there are significant gaps in accountability and scrutiny that should be addressed. Finally, the question of new forms of self- and co-regulation in relation to new media are summarised, and it is concluded that further clarity on the scope of public law, including statutory schemes, is required, and that actions taken thus far in Parliament have not addressed this problem in an adequate fashion.

The 'People' Category in Russian Constitutional Law (Eurasian Tradition and Modernity)

The paper scrutinizes public law aspects of the 'people ' category in the context of creative heritage of the classical Eurasian doctrine. A Eurasian approach to the and other social communities treating them as common, symphonic entities, rather than the mechanical sum of individuals, provides an opportunity to rethink the nature and the mechanism applied to implement constitutional legal capacity of the people, define the perspective nature of the development of the of the category in unity with the idea of human rights, demonstrate the relevance of the structure: rights of the - rights and duties of the person and citizen - rights and duties of the State and its bodies -- applied to ensure the legal balance of the content of the Russian Constitution. The author puts forward and justifies the thesis stating constitutional and legal importance of the not only as the totality of living citizens, but also as a future generation of Russians whose interests are to be taken into account in making political decisions in the economic and social spheres. Much attention has been paid to the Eurasians study of an ethical component of the people category. Attention is focused on the historically justified prediction of the Eurasians that the class solidarity and dictatorship of the proletariat will not be able to preserve the unity of the USSR, nor can it withstand the development of nationalist and separatist aspirations of its peoples. What is important is that the creation of an ethnic (national) substrate is necessary for the establishment of a strong Russian multinational State. In the context of this conclusion the author considers the current problem of the further development of national relations in the Russian Federation. Analyzing the discussion that began with regard to the proposal of President Vladimir V. concerning desirability of drafting and adopting a special law on the Russian nation and supporting this proposal, the author emphasizes the conditions under which the law can become an effective instrument of the national policy. One can not fall into legal idealism and consider that the law itself can form a Russian nation. The formation of a nation is an objective historical process, and the law and other measures of state regulation can only either speed it up or slow it down. The foreign experience of forming the national substrate of the Russian state should also be used with a certain degree of caution. The concept of a 'melting pot' adopted primarily by the United States cannot be applied to Russia because of historical peculiarities of the statehood formation in our countries. Russia is not a country of migrants and settlers, who had created a new state in the USA In Russia, peoples have historically been linked to their territory and merged into one state not as separate entities but as ethnic territorial communities that treat preservation of their national identity as one of main tasks. The summary (although rather incomplete) of Eurasian studies devoted to the 'people' category is indicative of their undoubted relevance. The collective, 'symphonic' personality, i.e. the Russian (the multi-ethnic Russian nation), not only forms the basis of the majority of the Eurasian theoretical structures, but it is also seen as the leading subject of real policy which social and spiritual condition determines the destiny of Russian statehood and the future of Eurasia.

PUBLICZNOPRAWNE ASPEKTY KONSTRUKCJI „ZŁOTEJ AKCJI”

PUBLIC ASPECTS OF GOLDEN SHARE CONSTRUCTION Summary In this paper I have tried to show the aspects of public law involved in the construction of a golden share. In view of the numerous privatisation processes which companies of strategic importance for the public order and security of a given state have undergone, the institution of the golden share has been made subject to public law. The literature I refer to presents the components of public law applicable to the golden share. The solutions prescribed in the Polish act of 2010 and in the legislation of other EU countries confirm that currently the connections of this institution with commercial law are becoming more and more tenuous.

СОЧЕТАНИЕ ЧАСТНОПРАВОВЫХ И ПУБЛИЧНО-ПРАВОВЫХ НАЧАЛ В ПРОЦЕССЕ РЕАЛИЗАЦИИ КОНСТИТУЦИОННЫХ ПРИНЦИПОВ В СФЕРЕ ТРУДА

The article considers the problems connected with realization of constitutional principles of regulation of labor relations. The specific features of realization are caused by a private-public nature of the labour field and the combination of public and private interests in the relationship between an employer and an employee. It is necessary in every constitutional principle to single out private and public law aspects. It is emphasized that constitutional principles of the labour regulation should not be divided into the realized ones through public or private rules of law. The content of the same constitutional principle enables one to realize it both in private and public relations through mandatory and dispositive rules of the labor law. The constitutional principles help to define the limits of state intervention in the process of legal regulation of private relations between employees and employers. Today the legislator has to give a clear definition of the balance of public and private interests in the labour sphere.