Basic Laws Research Articles

Mediation in the Kyrgyz Republic: the Principle of Voluntariness

This article is devoted to mediation in the Kyrgyz Republic. The article considers the principle of voluntariness as one of the basic principles of the mediation institute. The article indicates that the principle of voluntary mediation is reduced to such aspects as not forcing the parties to settle the dispute through mediation, not forcing the mediator to assist in resolving the dispute through mediation and voluntary fulfillment of the agreements reached by the parties to mediation. It has been established that the legislator in the Kyrgyz Republic reasonably does not provide for the enforcement of a mediation agreement in the basic law on mediation, while providing the parties with other measures to ensure the implementation of its provisions. The article considers the possibility of introducing mandatory mediation in the Kyrgyz Republic in the light of the principle of voluntariness. It is argued that mandatory mediation may contradict the principle of voluntariness, since the parties, by their very nature, freely and consciously choose to participate in mediation to resolve the conflict. If the parties participate in the process against their will, this may reduce their motivation to reach a mutual agreement, which may negatively affect the effectiveness of mediation. Also, the forced participation of the parties in mediation may lead to a formal approach on the part of the participants, which weakens the meaning of mediation as a tool based on goodwill and cooperation.

Primary basic criminal law categories: crime, punishment

The subject of the study: criminal law categories. The issue of criteria for classifying a certain criminal law term into a category remains problematic and debatable. The purpose of the study: to identify the primary basic criminal law categories, to substantiate their features. Research methods: due to the specifics of the study, the methods of system-structural and functional analysis are used as the main ones. as a methodological basis for the study. The dialectical method of cognition of socio-legal phenomena is used, as well as general scientific methods of cognition (analysis, synthesis), private scientific (formal logical, epistemological). The main results of the study: the primary basic criminal law categories are crime and punishment. The category of criminal liability is a secondary criminal law category, since it is derived from the primary legal category of legal liability. The author formulates the signs that characterize the criminal law category.

Optimized physics-informed neural network for analyzing the radiative-convective thermal performance of an inclined wavy porous fin

The significance of radiation and inclination on the temperature dispersion of the wavy porous fin has been addressed in the present study. Also, the influence of convection and internal heat generation on the thermal dissipation of the inclined wavy porous fin (IWPF) is examined. The pertinent temperature expression of the fin is represented using basic laws, and this equation is reduced to a dimensionless form via dimensionless variables. Additionally, a mix-encoding Genetic algorithm and Particle swarm optimization technique is shown to optimize the network hyperparameters. This resolves the issue of arbitrarily identifying the Physics informed neural networks (PINN's) ideal network and successfully limits local optimization during the training phase. Further, the equation is also resolved numerically using Runge-Kutta Fehlberg's fourth-fifth (RKF-45) scheme, and the solutions are subsequently used to verify the PINN model's applicability. The temperature results estimated by PINN and their associated RKF-45 values correlate excellently, which indicates the accuracy of the applied PINN model. The obtained findings denote that reduced measures of convective-conductive variables stimulate the IWPF's thermal distribution. An inclination angle of the fin has a significant impact on the thermal variation of the IWPF.

Analysis of Joint Property Division in Mixed Marriages: A Case Study of The Supreme Court Decision Number 1400 K/Pdt/2017 Perspective of International Private Law

This study seeks to evaluate the effectiveness of Indonesia's Law Number 1 of 1974 on Marriage, specifically concerning the division of joint property in mixed marriages that involve aspects of international civil law. Supreme Court Decree Number 1400 K/Pdt/2017 offers a key reference point, showcasing how Indonesian law has been applied to govern property division in these cases. The study applies a normative juridical approach to examine legal norms and standards, including legislative analysis of the Marriage Act and the Basic Agrarian Law. It also uses case-based methods to assess international civil law's impact, such as the principle of lex situs, which mandates that immovable property like land be governed by the laws of its location. This Supreme Court ruling reveals an attempt to balance Indonesian law with foreign property rights, ensuring that foreign nationals’ rights are acknowledged in property division. Such cases underscore the importance of reforming Indonesia’s mixed marriage laws to enhance legal clarity and fairness for all parties.

The Role of Customary Law in the Development of National Law in the Modern Era

Customary law plays an important role in the development of national law in Indonesia, especially in the modern era marked by globalization and modernization. Customary law serves as a reflection of the rich and diverse local cultural values, and plays a role in various aspects of community life, including the resolution of rescue, management of natural resources, and protection of the rights of indigenous peoples. In the era of decentralization and regional autonomy, customary law is increasingly recognized in local policies and becomes an important instrument in maintaining the unique legal identity of each region. Formal recognition of customary law is also reflected in various national regulations, such as the Law on Villages and the Basic Agrarian Law, which accommodate customary law in facing the challenges of modernization and globalization, customary law must adapt to the modern era

Israel: Political Developments and Data in 2023

AbstractIn 2023, Israel experienced a year marked by profound civic and security turmoil. The government's proposed judicial reform triggered widespread protests, highlighting deep divisions within the nation. Concurrently, escalating security threats emerged, with Hamas launching an unprecedented attack from the Gaza Strip and Hezbollah targeting Israel's northern border. These events led to the formation of an emergency government and a special war Cabinet. Despite the challenging circumstances, Israel's economic performance remained relatively stable until the onset of conflict, which led to negative economic impacts. The year saw significant amendments to the Israeli Basic Laws, aimed at reducing judicial oversight over government actions, which further intensified civic unrest. This article provides an overview of the political, security, and economic developments of 2023.

“The Druze vote in Israel: between ideology, socioeconomic status, kinship, and the Nation-State Basic Law”

ABSTRACT This study investigates the determinants of Druze voting behaviour in Israel, focusing on three theoretical frameworks: ideological, socioeconomic, and kinship theories. Analysing electoral data from 2003 to 2022, the study examines trends in voter turnout and party preferences among the Druze community. Findings reveal a complex interplay of factors influencing Druze political choices. The ideological theory suggests that shifts in political ideology, particularly in response to legislative changes such as the 2018 Nation-State Basic Law, impact Druze voting patterns. Conversely, the socioeconomic theory posits that local economic conditions, education levels, and population demographics shape voting behaviour. Furthermore, the kinship theory highlights the significance of community ties and descriptive representation in guiding political allegiances. Through statistical analysis, the study identifies kinship ties, specifically the inclusion of Druze candidates within political parties, as the most significant predictor of Druze voter support. This suggests that community representation holds considerable sway over Druze political choices, transcending the influence of ideology and socioeconomic factors. In conclusion, while all three theories offer valuable insights, the dominance of the kinship theory underscores the importance of identity and descriptive representation in shaping Druze electoral outcomes in Israel.

Unshackling from Shadows of the Anisminic Orthodoxy: Reconceptualising Approaches to Ouster Clauses in Hong Kong

Abstract Ouster clauses have perennially borne the mantle of a ‘litigation minefield’, where clashes between legislative and judicial powers unfold in open fora. Recent jurisprudential advancements in the United Kingdom and Singapore demonstrate how judicial approaches to ouster clauses can evolve in the face of constitutional developments. Hong Kong has, however, remained muted while these jurisprudential advancements bear fruit in other parts of the common law world, notwithstanding the fact that its constitutional framework, umpired by the Basic Law, has been in existence for over twenty-five years. This article argues for the need to reconceptualise approaches to ouster clauses in Hong Kong, grounded firmly in its post-1997 constitutional framework. Drawing on comparative jurisprudence, it presents a spectrum of approaches, animated by the dynamic interplay between various ‘macrocontextual’ and ‘microcontextual’ factors, ranging from a localised version of Anisminic, remedial interpretation, and invalidation of ouster clauses on the grounds that they impermissibly affront the constitutional right of access to courts, allocation of judicial power, and constitutional supremacy.

Historical Traditions and Values as Foundation of the Russian Legal System

The amendments in 2020 to the Constitution of the Russian Federation of 1993 were a decisive step towards strengthening sovereignty in the international arena and the reception in the Russian Federation of historical traditions and value attitudes characteristic of Russia in any historical form of its statehood. The unity of state ideology, which is directly prohibited in the chapter «Fundamentals of the Constitutional System» of the Basic Law of Russia, has become the subject of special attention of the developers of the text of constitutional novels due to the impossibility of amending chapters 1, 2 and 9. Additions and changes made to chapters 3‑8 positively influenced and significantly softened Art. 13 (part 3), but did not completely eliminate the problems and contradictions between constitutional norms and the objective need to restore the ideological sphere in the Russian state, before the growing aggressive expansion of alien values imposed by a number of unfriendly countries. The discourse taking place in the scientific community and at all levels of public power in the state on the issue of the invariability of chapters 1, 2 and 9 of the Constitution of the Russian Federation leads to the idea of the advisability of revising the current constitutional act in the future. At the present stage, positive prospects are noted in solving ideological, socio-economic, geopolitical and other problems, as well as developing an effective strategy in the field of national security of the Russian Federation, which is greatly facilitated by the updated and improved Constitution of the Russian Federation in 2020.

Understanding Constitutional Principles for the Advancement of Digital Rights in Palestine

Abstract Information and Communication Technologies raise new legal issues, risks and implications regarding the rights and legal protection of individuals in cyberspace. Constitutions generally protect basic rights and freedoms. Departing from the importance of constitutional protection concerning basic rights and freedoms, this article aims at assessing the constitutional and legal status of digital rights in Palestine, while considering the political and legal challenges. It studies the concept of digital rights and their protection in the Palestinian Basic Law, as constitutional norms. The article finally analyses the available constitutional remedies to address implications of the new and emerging needs to protect human rights in the cyberspace. The article argues that the existing constitutional principles should be understood broadly from a human-rights-centred approach to address risks and implications of technologies on human rights.

Kepastian Hukum Hak Pengelolaan Atas Tanah Badan Pengusahaan Batam terhadap Pendayagunaan Pulau Rempang

The Basic Agrarian Law is a legal reform in the agrarian sector. In the utilization of islands, especially the management of small islands, permission must be obtained. Management Rights are partially delegated to government agencies including Local Governments, State-Owned Enterprises, Regional-Owned Enterprises, PT.Persero, Authority Bodies and other legal entities to be used according to their respective duties. The existence of Land Management Rights (HPL) does not guarantee an island to be utilized by interested parties, including the utilization of Rempang Island which will be used as a National Strategic Project (PSN). The existence of regulations governing special provisions in the management of small islands must also be considered and examined so that some parties do not feel disadvantaged. This research will answer the questions of (1) How is the legal certainty of the Batam Concession Agency's Land Management Rights in the utilization of Rempang Island, (2) How is the Batam Concession Agency's problem in the management and utilization program of Remapang Island. This research uses normative juridical research by reviewing the applicable laws and regulations and using secondary data as the main data.

Psychological Analysis and Psychological Training of Piano Teaching Based on the Analysis of Emotional Characteristics

Modern piano teaching theory attempts to explore the basic laws of modern piano teaching by using emotional feature recognition algorithm from the emotional level and in the analysis of emotional characteristics, deeply reveal the important value of emotion in piano teaching, and effectively improve the quality of piano teaching, which is also what this paper tries to clarify. This paper studies the psychology of piano teaching based on the emotional feature recognition method. In the proportion of piano teaching, when the number of experiments is 6, the average proportion of machine learning algorithm is 56.5%, the average proportion of decision tree algorithm is 55.1%, the average proportion of data mining algorithm is 58.7%, and the average proportion of this method is 61.8%. It can be seen that the proportion of this method in piano teaching is the highest. This method is used to cultivate students' learning enthusiasm, constantly overcome all kinds of difficulties, change restlessness, irritability and other bad mentality, so as to achieve better learning effect.

A Method for Constructing an Urban Waterlogging Emergency Knowledge Graph Based on Spatiotemporal Processes

Urban waterlogging is one of the major “diseases” faced by cities, posing a great challenge to the healthy and sustainable development of cities. The traditional geographic knowledge graph struggles to capture dynamic changes in urban waterlogging over time. Therefore, the objective of this study is to analyze the time, events, properties, geographic objects, and activities associated with urban waterlogging emergency responses from the geographic spatial and temporal processes perspective and to construct an urban waterlogging emergency knowledge graph by combining top-down and bottom-up approaches. We propose a conceptual model of urban waterlogging emergency response ontology based on spatiotemporal processes by analyzing the basic laws and influencing factors of urban waterlogging occurrence and development. Secondly, we describe the construction process of the urban waterlogging emergency response knowledge graph from knowledge extraction, knowledge fusion, and knowledge storage. Finally, the knowledge graph was visualized using 159 urban waterlogging events in China from 2020–2022, with a quality assessment indicating 81% correctness, 65.5% completeness, and 95% data conciseness. The results show that this method can effectively express the spatiotemporal process of an urban waterlogging emergency response and can provide a reference for the spatiotemporal modeling of the knowledge graph.

Административное право в системе публично-правовых наук

In the context of modern realities of the development of russian science, interdisciplinary research is relevant, located at the intersection of public law sciences and constituting more than 30 areas of scientific research. According to the author, studies related to digital transformation and the introduction of artificial intelligence are especially significant. In conclusion, it is summarized that within the framework of the scientific specialty 5.1.2. “Public legal (state legal) sciences”, the predetermining place belongs to constitutional law, because The Basic Law of the Russian Federation lays the fundamental foundations for a decent future for the country and the well-being of citizens, while administrative law occupies one of the leading places in the system of public law because regulates legal relations in the field of public administration for the implementation of state policy in all spheres of life of russian society.

The impact of artificial intelligence on labor relations

With the rapid development of technologies, particularly artificial intelligence, which poses a threat to all humanity, questions arise regarding its boundaries and its perspective on labor relations. Given the breadth of its impact, the potential influence on labor relations is unknown. The scope of labor law issues that this phenomenon brings is multifaceted and remains an enigma in our labor law area, and the legislator in the Republic of Serbia has not prepared a response in line with European trends. The potential impact on labor relations, and later through some basic labor law procedures that ac-company labor relations, has given the impression in the professional public of undermining employees and eroding their fundamental rights (individual and collective). Artificial intelligence accumulates its full impact on labor relations at the expense of the quality of labor relations. Many world economies rely on and see the benefits of the market offered by artificial intelligence. The rights derived from labor relations in the future will be subject to revision and reconsideration. Individual and collective labor law, the result of centuries of struggle by humanity, will be tested for maturity and adaptability in the 21st century. The authors aim to elucidate the impact of artificial intelligence and how it affects labor relations in the 21st century, as well as to identify the elements–institutes of labor law most affected by this “tool” or “weapon,” as some experts call it.

A New model of gas-water two-phase seepage based on Newton's law of motion

The pore throat size, structure distribution, and lithology of porous media in gas reservoirs are varied, and the gas-water two-phase seepage law is complex, making it difficult to describe the seepage model. Newton's law of motion is a basic law of motion in classical mechanics, and its application in gas-water two-phase seepage modeling is an innovative practice of classical mechanics in seepage mechanics systems. Based on Newton's three laws of motion, a gas-water two-phase seepage model was established from the force analysis of fluid, and the relationship between velocity and pressure difference, pipe radius, water film thickness, viscosity, etc. was derived under the condition that the model reached a stable state, i.e., force balance. The relationship is referred to as the steady-state model. Subsequently. the equivalent permeability representation model was derived based on the steady-state model to calculate the permeability of rock samples with different channel distribution characteristics. The results were consistent with the measured values, and there is a good correspondence between channel distribution characteristics and permeability. The relative permeability calculation method was established based on the steady-state model and capillary pressure curve. The obtained relative permeability curve aligned with the two-phase seepage law and coincides with the relative permeability curve obtained by Poiseuille's law. Finally, a new productivity equation was derived based on the steady-state model, and the Inflow Performance Relationship (IPR) curve calculated by the gas well example was consistent with the traditional equation. The research results were based on the force analysis of fluid in porous media and fundamentally explored the law of fluid flow. The derived seepage model can be used to calculate reservoir permeability, the gas-water relative permeability curve, and gas well productivity analysis and to effectively guide gas reservoir development. The study was a successful application of the basic theory of mechanics in gas-water two-phase seepage in gas reservoirs.

설화의 무형유산으로서 자질과 자격

The eligibility of a folktale as intangible cultural heritage stems from the qualities it possesses. Therefore, examining whether a folktale exhibits the characteristics of intangible cultural heritage is crucial in determining its eligibility for such status. First, I will organize the qualities of a folktale, especially those that can be related to intangible cultural heritage. A folktale has its own specific qualities in that it is an oral art, a remembered history, and a resource for the imagination of narrative. These unique qualities of a folktale are complete in themselves, but they are directly connected to whether it can acquire legal qualifications as a national cultural heritage. Article 2 (Basic Ideology) of the National Cultural Heritage Basic Law explicitly states the ideological value of a national cultural heritage, and in relation to this, a folktale is in perfect accordance with the following basic ideology as a national cultural heritage. 1) A folktale is the root of our lives. 2) A folktale is the source of creativity. 3) A folktale is an asset of all mankind. 4) A folktale preserves and enjoys the value of a national cultural heritage. 5) Tales can be creatively inherited and developed. 6) Tales enrich life. In addition, among the seven categories divided in Article 2 (Definition) of the Intangible Cultural Heritage Act, tales are the most applicable to “oral traditions and expressions,” so there is no reason why they cannot be designated as intangible cultural heritage. Tales, a type of oral literature, have suffered damage due to our society’s focus on written language. This may be why the importance of tales as remembered history has been overlooked or underestimated compared to recorded history. Not only that, the performance element of tales being told orally has also been underestimated, and they have been treated as a type of narrative prose. In addition, the basic attribute of tales, variability, is not a weakness as art, but rather an area that can greatly contribute to the utilization of national heritage in that it enables infinite creativity. Moreover, in terms of overcoming the limitations of modern literature that focused on probability and leading the postmodern pursuit of improbability, folktales are fully qualified as a national heritage that can become the darling of the times.

A Theoretical Discussion on the Flow of Tourist Population and the Development of Tourism Market in Heilongjiang Province

This paper deeply discusses the basic law of tourist population flow and its influence on the development of tourism market in Heilongjiang Province. Under the background of the vigorous development of global tourism, the flow of tourist population, as the core element of tourism activities, has an important impact on the prosperity and sustainable development of regional tourism market, such as seasonal, spatial distribution and interactive effects. Through the detailed analysis of Heilongjiang tourism market, this paper reveals the market size, resource characteristics, challenges and problems of this market under the action of tourist population flow. Further, this paper analyzes the dual impact of tourist population flow on Heilongjiang tourism market, including the positive effect of promoting local economy, cultural exchange and industrial development, and the negative effect of environmental pressure, over-exploitation of resources and decline of service quality. At the same time, this paper puts forward some strategic suggestions to promote the sustainable development of Heilongjiang tourism market, including rational planning of tourist population flow, strengthening the protection and development of tourism resources, promoting the development of smart tourism, and strengthening regional cooperation and linkage. These suggestions are intended to provide theoretical basis and practical guidance for the scientific planning and management of Heilongjiang's tourism market, and help it achieve long-term prosperity and sustainable development.

DIDACTIC AND METHODOLOGICAL BASES FOR ENSURING THE STUDY OF CHEMISTRY BY FUTURE SPECIALISTS OF TECHNOLOGICAL AND VOCATIONAL EDUCATION

The article actualizes the research task of substantiating the didactic (content of the leading topics) and methodological (topics and objectives of laboratory work) foundations for ensuring general and professionally oriented competencies in the study of chemistry by future technology teachers and vocational education specialists. It is proposed to include the following topics in the content of training of higher education applicants majoring in 014.10 Secondary Education (Technology): basic concepts and laws of chemistry, periodic law and the D. Mendelieev’s periodic table of chemical elements; main classes of inorganic compounds; hydrocarbons; oxygen-containing organic compounds; non-trogen-containing organic compounds; general properties of high molecular weight compounds; chemical fibers; plastic masses. This block of the discipline includes laboratory work developed by the article author in accordance with the content of each topic. The article concludes the importance of chemical disciplines in the implementation of the educational profiles «Woodworking», «Agricultural Production», «Cooking», «Construction», «Energy», «Design and Modeling of Clothes», «Light Industry», «Design Basics», «Metalworking», etc. in high school in Ukraine.

Міжнародно-правові та національні гарантії реалізації права особи на захист життя і здоров’я

This article analyzes the norms of international and national legislation concerning the right of individuals to life and health protection, through the lens of their practical implementation. The study identifies the positive and negative aspects of the legislative regulation of the right to protection, examines the reasons for states’ non-compliance with certain international legal treaties, and offers several remarks on the effectiveness and feasibility of the established legal provisions. In particular, the publication emphasizes the high efficacy of the norms of the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights of the Child in light of the practice of the European Court of Human Rights and the activities of UN specialized committees. At the same time, the paper criticizes the effectiveness of the provisions of the Geneva Conventions and their additional protocols due to the lack of proper mechanisms for their implementation and identifies the main reasons for states’ violations of the aforementioned international treaties. Among the main issues of the implementation of the norms of these conventions, the author identifies the lack of political will of the states, insufficient training and awareness of military personnel, non-compliance by states with international justice mechanisms, and the lack of effective control and monitoring of compliance with the norms of the conventions. Additionally, based on the analysis of the practice of applying the legal rules on necessary defense, the article highlights the urgent need to define the time limits of the defense situation and the criteria for determining the proportionality of actions during defense at the legislative level. Furthermore, to improve and eliminate inconsistencies between the provisions of the Criminal Code of Ukraine and the Constitution of Ukraine, the author proposes specific amendments to the Basic Law.