Legal Community Research Articles

Treasury support as a new tool of financial control in the conditions of digitalization of the economy

Introduction. The subject of this study is the legal norms contained in legislation, other legal acts, as well as materials of law enforcement practice regulating the process of treasury provision of budgetary funds. This article also analyzes the experience of legal regulation of the mechanism of treasury provision of budgetary funds, examines the gaps in budget legislation directly related to the topic under consideration. The purpose of this article is to consider the problems and prospects of the development of the Institute of the Federal Treasury in the Russian Federation. The reason for this study was multiple scientific discussions, which caused an ambiguous reaction from the legal community of Russia. The gaps in the budget legislation directly related to the topic under consideration are considered. Methodology. Within the framework of this article, general scientific methods were applied in the framework of comparative, logical and statistical research and analysis of law enforcement and judicial practice in the field of treasury support of budget funds. Results. Within the framework of this study, a number of issues related to the chosen topic were considered. First of all, it is necessary to understand how the legal regulation of treasury support of budgetary funds is carried out. The form of legal regulation of treasury support differed from other forms and instruments of control - the norms on treasury support were established annually by the federal law on the federal budget and acts of the Government of the Russian Federation, the Ministry of Finance of the Russian Federation and the Federal Treasury adopted in pursuance of this federal law. Secondly, it is worth noting how the procedure for treasury support of budget funds is built. The mechanism of treasury support provides for operations on personal accounts opened in the Federal Treasury with funds received from the relevant budget in the form of subsidies and budget investments, as well as funds directed to the execution of government contracts, contracts, the source of financing of which is the budget of the budgetary system of the Russian Federation. Thirdly, it is necessary to understand what prospects the institute of treasury support of budgetary funds has. Trends in the development of the institute of treasury support show that quantitative parameters will grow, including due to the use of "extended" treasury support and due to the spread of technological solutions to the level of subjects of the Russian Federation and municipalities. Conclusions. It is impossible not to say that treasury support is a new institution of budget law, considered as a comprehensive budgetary and legal instrument of publicadministration, which is used at the stage of budget execution for expenditures to exercise financial control over the implementation of government contracts, contracts, agreements by individuals and legal entities, individual entrepreneurs who are not participants in the budget process. In addition, treasury support is a tool with sufficient elasticity and relative "versatility". At its core, it allows you to strengthen control over the targeted and effective use of budget funds, ensure transparency and openness of procurement procedures and execution of state contracts; reduce unscrupulous suppliers in the chain of co-executors while ensuring proper execution of the state contract; increase financial discipline of the parties to the contract. It is also worth noting that treasury support minimizes some of the risks inherent in the use process. This institution should be considered as a system element in a larger mechanism of budget monitoring.

ПРАВО АДВОКАТА НА СВОБОДУ ВИРАЖЕННЯ ПОГЛЯДІВ У ПРАКТИЦІ ЄВРОПЕЙСЬКОГО СУДУ З ПРАВ ЛЮДИНИ

The article considers some issues of normative regulation of lawyers' right to freedom of expression in correlation with the right to respect for private life in the context of potential harmonization of domestic legislation with European standards in the field of human rights and freedoms, which indicates the relevance of this study. The presented scientific work analyzes in detail the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, relevant international documents, as well as the case law of the European Court of Human Rights on this topic. Based on a thorough study of the current legislation of Ukraine and existing case law, the exceptional role of lawyers and their professional associations in the administration of justice has been clarified. An integral part of the article is a general description of the rights and responsibilities of lawyers, guarantees of their activities, with a strong emphasis on the constitutional right of a person to freedom of expression in various spheres of life and a specific algorithm for its implementation. In the course of scientific research, the need to strictly follow the special procedure for bringing a lawyer to disciplinary responsibility for violating the oath of a lawyer of Ukraine and the rules of lawyer's ethics has been repeatedly emphasized. The proposals formulated in the article are aimed at further improving the outlined provisions of the current thematic legislation of Ukraine in terms of regulation of the convention rights of members of the legal community to freedom of expression and respect for privacy in their professional duties in various categories of justice. Substantiated recommendations are provided on the optimal application of certain provisions of national legislation, which indicate the practical significance of the results of the study.

Regterlike herverdelingsdiskresie vir batedeling by egskeiding beleef ’n heropstanding ondanks grondwetlike bedeling téén arbitrêre ontneming sonder vergoeding

Regterlike herverdelingsdiskresie vir batedeling by egskeiding beleef ’n heropstanding ondanks grondwetlike bedeling téén arbitrêre ontneming sonder vergoeding

The Limits and the Appeal of the Restatement

Abstract The limits and the appeal of the restatement method, in general, and of the Restatement of the Law (Fourth): The Foreign Relations Law of the United States, in particular – understood as the reasons why, or not, other countries (or legal communities) would be incited to follow the same path and have the same kind of instrument regarding their own system – are in fact intertwined. Any alleged appealing aspect can give way to questions about the limits of the exercise and the other way around. The analysis will therefore proceed with questions more than with answers, in seven steps intended to increasingly show the ambivalence of the Restatement (Fourth), beginning with its scope, before considering its authors, its addressees and, therefore, the Restatement’s reach, its nature, its topic or subject matter, its context and, finally, its underlying ideology.

PERAN PEMERINTAH DESA DALAM PELAYANAN KESEHATAN MASYARAKAT DI DESA SUKAJAYA KECAMATAN CIBITUNG KABUPATEN BEKASI

As a legal community unit, the village has the power to regulate and manage its own household, including in realizing health services to improve the quality of health in the community. In health services, it is driven by several sub-systems, such as services for pregnant women, infant health, children and others. The linkage between these sub-systems is interesting to study because changes in one sub-system will have an impact on other sub-systems of the system as a whole. The study is increasingly interesting because in the case of health services, it is still not optimal. This study was conducted to analyze the quality of public health services in Sukajaya village in 2020. With such a goal, the research approach used was qualitative research and data collection techniques through interviews, documentation, and observation. The results show that the sub-systems in health services in Sukajaya village can work and support each other. This can be seen from the implementation of several health service programs in accordance with the regulations set by the state so that in general public health can run well.

Relational Sociology and Comparative Law

Abstract Relational sociology, or the idea that relationships are the starting point for empirical research, offers comparative law distinctive analytical frameworks, heuristics, and methods. This Article proposes that these could advance traditional goals of comparative law by reconceiving fundamental categories of law, state, and society in relational terms while broadening the scope of useful comparison, and adopting a processual view of legal communities, legal knowledge, and culture rooted in practical action. It also highlights how comparative law offers sociology opportunities for deeper engagement with law, culture, transnationalism, and the dynamics of different normative orders. A relational analysis of disciplinary knowledge production suggests that deeper cross-disciplinary engagement has been limited less by shared interests than by the structures of academic knowledge production.

The Community Law Compliance with Marriage Age Limitation Provisions

The objectives of this research are to find out and analyze the community's legal compliance with Act No. 16 of 2019 concerning the Provisions on the Marriage Age Limit and the inhibiting factors for the implementation of Act No. 16 of 2019 concerning the Provisions on the Marriage Age Limit as well as efforts to overcome obstacles to the implementation of Act. This study uses a sociological juridical approach, with descriptive research specifications. The results of this study are Community Legal Compliance with Act No. 16 of 2019 concerning Provisions on Marriage Age Limits, where it is known that public legal awareness of underage marriage is relatively low, where some of the people who already know these rules still register their children's marriages. Inhibiting factors include: First, there are still people who do not know the contents of the policy. Second, there are still people who do not know the benefits. The third is the lack of success of the goal of the law in question is to reduce the rate of marriage at a young age. Efforts to overcome for the prospective bride and groom who have not reached the age of 19 years, their parents/guardians are requested to apply for a Marriage Dispensation to the Religious Court in the area where they live.

Tradisi Upacara Perkawinan Adat Pandhebeh Perspektif Hukum Islam (Studi Kasus Desa Wringin Kecamatan Wringin Kabupaten Bondowoso)

The Pandhebeh tradition is a legacy that must be preserved and approved, although this tradition originated from Madura. But according to some religious leaders say the tradition of this pandhebeh is for the community's efforts towards God to oppose the coming of all bad things that will happen. The focus of the problem examined in this paper is 1. How is the tradition of the traditional Pandhebeh marriage ceremony in the community of Wringin Village, Wringin District, Bondowoso Regency? 2. How about a review of Islamic law about the traditional ceremonial tradition of Pandhebeh marriage in Wringin Village, Wringin District, Bondowoso Regency? The research approach used in this study is qualitative research with the type of field research. From this study, we concluded: first, The tradition of Pandhebeh rocket in Wringin Village is a hereditary tradition with the aim of eliminating the bad luck inherent in Pandhebeh children. Second, According to the scholars of ushul fiqh that adat or ‘urf which is a habit that lives in the legal community may be as long as there is no text that prohibits it. So the pandhebeh traditional wedding ceremony tradition in the village of Wringin we review through ‘urf, the researchers categorize this tradition including‘ urf al-shohih, where this tradition can be accepted by the community

Online Simulations for Teaching Professional Legal Skills

Experiential learning approach in legal education is a global influential trend. Legal clinics is one of the most obvious examples of including experiential learning approach into the educational curriculum for law students. The main educational value of legal clinics is a providing training opportunity for students to apply their legal knowledge and skills in professional simulations like role plays of interviewing, counselling, negotiations, mock trials (first instance hearing) and moot courts (appeal hearing). These type of training programs allow law students to test their ability to client-oriented and problem-solving. The Russian legal clinics community has been actively developing since the mid of 1990s for more than 30 years. More than 100 Law Schools over Russia have own legal clinics. Clinicians overview their experience and share this experience between clinicians community. At the same time only relevantly small part of law students have access to effective training of legal skills because of various reasons, but mostly because of relevantly small number of legal educators who use the experiential-learning approach. Transition of experiential-learning best practices into online format is a good tool of scaling the number of students who could be trained in legal skills significantly. The paper describes the collection of unsupervised online learning modules devoted to legal skills, including case strategy, interviewing, counselling, legal writing and trial skills. These unsupervised online learning modules are developed based on modern instructional approaches to developing of online educational courses. The piloting of the unsupervised online learning modules demonstrates that these modules might be used as a supplementary educational tool and as a part of main educational curriculum for law students.

Legal instability in cyberspace and OSCE’s mitigation role

After the international legal community widely endorsed the application of international law to cyberspace, many open questions remain on the concrete interpretation of existing rights and obligations to the cyber realm. In pursuit of its mandate to promote human rights and conflict prevention, the OSCE can play a major role to support operationalization of international law and application of existing principles to cyberspace. This paper examines some key steps in the aftermath of the creation of norms of behavior, and transparency and confidence-building measures. After a brief analysis of the normcreation process, this piece identifies several pressing cybersecurity challenges on the international landscape, and offers suggestions for consolidating the voluntary non-binding norms States agreed upon. Using lessons learned from other domains, the analysis will focus on mechanisms of building further stability and transparency in cyberspace, in particular by reference to the due diligence principle and States’ human rights obligations.

Dogmatyka prawa wobec politycznej opresji. Czy historia myśli prawnej może nas czegoś nauczyć?

One of the contemporary views formulated and popularized mainly by authors from the socalled critical theory of law is the belief in the inevitable, mutual relationship of law (theory of law and dogmatics of law) and legal practice (adjudication) with politics and the political. This position is strengthened by the observation of contemporary disputes — especially visible in Poland — with the participation of politicians and lawyers: politicians accuse lawyers of political motivation of actions taken to defend the judiciary and the rule of law, while lawyers defend themselves by arguing the need for autonomy of their professional practice, including its apolitical nature. In this text, I explain the arguments of the latter party to the dispute. I choose the dogmatics of law as the field of illustrating the issues raised, since it occupies a special place in the continental legal scholarship, acting as an intermediary between the jurisprudence and legal decision-making practice. I am trying to show — by referring to two examples from general history, i.e. the eleventh-century investiture controversy and the nineteenth-century debate in the background of the German reunification idea — that law and politics (lawyers and politicians) have always been forced to compete and cooperate with each other. Thus, it confirms the thesis of the critical theory of law. At the same time, however, I try to show that the legal community had the ability to “learn” from the political disputes of the past, which led to the formation of independent jurisprudence and legal practice in the face of current politics, and thus also to apoliticality. What is more, I argue that such an apolitical nature is a condition for the survival of legal culture in its present shape — and here, my path diverges from the critical legal theory claims. However, in my opinion, the contemporary arguments made within this theory about the political science of law and jurisprudence should be treated with all seriousness — as another experience from which our community, as one can hope, will be able to draw informative conclusions.

Herein Lies the Rub with Comparative Law Research – From an American Perspective

The legal community in the United States has good reasons to be interested in the laws of other nations, but there are real barriers to finding and understanding comparative law. This article describes important differences in how law is envisioned in the United States: the pre-eminence of the adopted Constitution as the ultimate statement of rights and government powers, the interpretive role of judges in a unique federalist system, and the importance of case law in learning and talking about the law. This article also describes overarching obstacles that interfere with finding and reading comparative law: the influence of language and culture on formulating and carrying out research enquiries, and the increasingly bewildering array of interferences in accessing law authority and scholarship even when its existence is known.

World Lawyers’ Pledge on Climate Action†

The World Lawyers’ Pledge on Climate Action is an open letter from and to the global legal community, calling for the mainstreaming of climate concerns throughout the law and legal profession. It seeks to rethink and redefine the role and responsibilities of lawyers in the climate crisis, and invites lawyers of all kinds —including practitioners, judges, scholars, civil servants, law students, and lawmakers—to integrate climate concerns into their respective areas of expertise and work. The magnitude and urgency of the climate crisis require all lawyers, not just environmental lawyers, to be part of the solution and contribute to climate-protective legal development. The Pledge can be endorsed and signed at http://www.lawyersclimatepledge.org.

ПРИНЦИПЫ ГРАЖДАНСКО-ПРАВОВОЙ ОТВЕТСТВЕННОСТИ (продолжение)

The French law of obligations has been undergoing significant changes in the recent years. The French contract law reform came to the end in 2018. The next set of the changes relates to the civil liability issues. A translation of a book written by one of the key French authors in this field, which translation is proposed to divide into several parts and to so make it available for the Russian legal professional community, helps to better explore the material and to clearer understand the main principles which the French approach on the fundamental problems of the civil law liability is based on.

The Story of LawCare: Mental Health and Wellbeing in the Legal Community Past, Present and Future

AbstractThis article explores how and why LawCare came into being. LawCare is the only charity dedicated to promoting and supporting good mental health and wellbeing across the legal community in the UK. The charity started in 1997 to help solicitors with alcohol problems, but has developed over the years and now supports all legal professionals in the UK, Channel Islands and Isle of Man with any mental health and wellbeing issues. This article by Mary Jackson is based on a presentation she gave at the BIALL Online Annual Conference held in June 2021.

Emerging Legal Informatics Towards Legal Innovation: Current Status and Future Challenges and Opportunities

AbstractIn recent years, the legal informatics area has slowly begun to develop as artificial intelligence and its related techniques and technologies expand their reach in the field of law. The legal, computational and data science communities are collaborating to build computational and data-driven innovative legal models to improve and advance all aspects of the existing legal system with the effective use of modern computer technologies such as machine learning, deep learning and natural language processing. In this research paper, the authors - Sugam Sharma, Samia Gamoura, Deva Prasad and Arti Aneja - explore these important factors with the potential to transform the existing approach to jurisprudence into a smart and intelligent legal system utilising automation. Such a justice system could be envisioned, in the near future which would be faster, fairer and economically more feasible, even for the highly marginalized, underprivileged and poor societies in the world.

Model Pendekatan Desa Adat Dalam Pencegahan Tindak Pidana Kekerasan Pada Anak di Wilayah Pesisir Kabupaten Siak

Children are a valuable asset for a family and society in living their collective life to the future. Family and community care for children in order to grow and develop humanely is a very profitable investment for their survival. Children are often victims of violence. This violence has a very bad impact on children's development, especially their psychological development. The purpose of this study was to determine the model of the traditional village approach in preventing criminal acts of violence against children in the coastal area of Siak Regency. This type of research is sociological juridical with emphasis on field research, this research is descriptive, because it intends to describe the reality under study clearly and systematically. Traditional villages have a function to organize life community as a legal community unit related to customary law and culture and can be used as a basis for the smooth administration of government and implementation of development. Through the traditional village approach model, it is hoped that it can contribute to the prevention and suppression of cases of violence against children in Siak Regency, by involving the role of traditional leaders and cooperation between indigenous peoples.

MEMBANGUN PENGETAHUAN DAN KESADARAN HUKUM MASYARAKAT DALAM MEMAHAMI BANTUAN HUKUM MELALUI PEMANFAATAN LKBH UBB

Legal socialization with the theme Building Community Legal Knowledge and Awareness in Understanding Legal Aid through Utilization of LKBH UBB found that participants, in this case inmates at the Class IIA Pangkalpinang Narcotics Correctional Institution (Pangkalpinang Narcotics Prison), were not fully aware of legal aid. The positive impacts of the implementation of this legal socialization include: (1) knowing technically or procedurally legal aid; (2) find out further legal remedies that can be pursued further based on the criminal procedure law; (3) knowing the problems that may arise in the provision of legal aid, so that the community in general and the assisted members in particular can prevent this from happening. The methods used are: (1) explaining the legal aspects related to the legal basis of legal aid which is the obligation of the state; (2) explain the purpose of legal aid; (3) explain the important elements in the implementation of legal aid; (4) The socialization of the law is carried out in the form of lectures and in-depth interactive discussions at the Class IIA Pangkalpinang Narcotics Correctional Institution (Pangkalpinang Narcotics Prison); (5) Dissemination of legal socialization materials which essentially contain the legal basis for legal aid, the purpose of legal aid, elements of legal aid, ethics in the administration of legal aid.

PERLINDUNGAN MASYARAKAT HUKUM ADAT DI WILAYAH PESISIR PASCA BERLAKUNYA UU NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA

Indonesia as an archipelagic country consisting of large and small islands separated by the ocean with geographical conditions has a total area of ​​7,827,087 Km2 and is located in Equatorial emeralds have a wealth of abundant natural resources, especially in the sea ​​and coastal areas which cover of the territory of Indonesia (5.8 million Km2). Article 18 B paragraph (2) and Article 28 I paragraph (3) of the 1945 Constitution of the Republic of Indonesia as the constitutional basis for recognition and protection the rights of indigenous peoples in coastal areas and small islands. Resource wealth nature in the form of coastal areas and small islands controlled and managed by the state tothe greatest prosperity of the people. State recognition of the existence of the legal community customs related to natural resources are inconsistent. The formulation of the problem from this research is (1) The legal construction of the Job Creation Law on the protection of customary law communities in the territory coast. (2) Implications of the Job Creation Law on the protection of customary law communities in the region coast. The research method in this writing is normative juridical. In summary, the result of In this research, the desired law is a law that provides protection against community members including customary law communities in coastal areas and islands small island, then an impartial legal instrument in the recognition of existence Indigenous Law Communities, for example in the Job Creation Law, which has not been in favor of Protection of Indigenous Peoples in Coastal Areas and Small Islands.

Application of the Concept of Community Based Natural Resource Management in the Exploitation of Small Islands Forest Resources in Maluku Province

Law No. 27 of 2007 on The Management of Coastal Areas and Small Islands as a constitutional basis specifically regulates the management of small islands for various activities. But on the other side, the law does not specifically regulate the management of forest resources while exploitation activities carried out by forest utilization permit holders are more carried out on small islands in Maluku Province that have their own characteristics and vulnerabilities that cause various ecological, socio-cultural and economic problems. This article is a normative legal study that examines positive legal provisions, legal principles and legal doctrines using legal approaches and conceptual approaches related to the issues studied. The results showed that the basic principles of forest resource management based on the state through various policies and legislation proved to have caused various crises in the field of forestry that ultimately threaten the environment and the existence of indigenous legal communities on small islands. On that basis, it is necessary to change the concept of forestry development that focuses more on the forest resource management system based on the community or Communnity Based Natural Resource Management which aims to alleviate poverty, natural resource conservation and good governance that involves the community actively in every government policy in forest management.