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Articles published on Concept Of Law

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  • Research Article
  • 10.17323/2072-8166.2026.2.4.30
Essence and Hypostases of Law: Development of Integrative Understanding Law
  • Jun 16, 2026
  • Law. Journal of the Higher School of Economics
  • Igor V Levakin + 1 more

The article is an attempt to develop and justify the author’s concept of an integrative understanding of law. According to the authors, integrative legal understanding becomes especially necessary and relevant in the context of postclassical scholar rationality, striving to overcome contradictions between the main classical approaches to the concept and essence of law. The paper shows these approaches are not ideologically views of law that are antagonistic to each other, since they are inevitably united in their ideas about the essence of law as a social regulator, bringing to the fore various aspects (hypostases) of the unified essence of law, which creates theoretical prerequisites for the creation of a unified (integrative) legal understanding. The purpose of this work is to study the relationship between the essence of law and its hypostases, which are interconnected and mutually complementary manifestations of the essence that are subject to philosophical understanding and theoretical knowledge. The following tasks are addressed: to examine the main hypostases of law as a means of constructing legal reality, a social regulator, a method of conflict resolution, a means of social communication, etc., to demonstrate the relationship between the hypostases and features of law, to reveal the significance of legal freedom as an essential dimension of law, and to explore the implementation of the definition of law in various modes of legal existence. The article concludes the category of the essence of law, that serves as a worldview prerequisite for its theoretical knowledge, is not explicable by rational-discursive means. According to the authors, the essence of law is revealed through a set of hypostases that form the basis of the formal-logical and theoretical definition of law. The features of the definition are related to the hypostases of law, which are specific to different modes of legal existence. In practical activities, various features of law can be taken as a basis, which leads to pluralism and multiple definitions of law used by lawyers for practical or didactic purposes. As demonstrated in the work, this pluralism does not indicate the incompatibility of the main approaches to defining law and may be overcome at a higher level of theoretical understanding, namely, at the level of understanding the aspects of law that manifest different aspects of its essence.

  • Research Article
  • 10.37772/2518-1718-2026-2(54)-3
Social entrepreneurship as a tool for war veterans’ adaptation to civilian life: legal dimension and practical mechanisms
  • Jun 15, 2026
  • Law and innovations
  • Liubov Kotova

This article provides a systematic scientific study of the legal and organizational foundations for the reintegration of war veterans into the socio-economic life of society through the development of the social entrepreneurship sector. The relevance of the research is driven by unprecedented challenges facing Ukraine: as of the spring of 2026, the number of veterans has exceeded 1.7 million, many of whom have complex injuries and disabilities. This necessitates a fundamental shift in the social protection paradigm – moving from a paternalistic model of welfare payments to a model of active engagement and economic agency. For the first time within a comprehensive legal analysis, this work integrates labor law concepts, approaches to adult vocational education, and systemic modeling of social processes. The author argues that social entrepreneurship is the most appropriate tool for adaptation, as it allows veterans to maintain the value-based identity of “serving the community” inherent in military service, while simultaneously ensuring financial independence. The study is based on a critical analysis of global models: the American “Hiring Our Heroes” and “Service-Disabled Veteran-Owned Small Business” systems, the Israeli “Talpiot” program focusing on the high-tech sector, and the British model of competitive tendering for reintegration services. Systemic legal barriers in Ukrainian legislation are identified and classified. First, the absence of a validation procedure for informal education creates a “qualification gap” between real combat command experience and a veteran’s official civilian status in the labor market. Second, there is a legal vacuum in defining the status of a “social enterprise,” which precludes targeted state support. Third, the study identifies the low efficiency of existing tax incentives for employers, who perceive hiring veterans as a risk factor rather than an investment in high-quality human capital. The scientific novelty of the article lies in the justification for introducing a special legal regime for “Veteran Social Enterprises” (VSEs). The author proposes clear criteria for identifying such entities: a minimum of 50% veterans among employees, limitations on profit distribution in favor of reinvesting in the social mission, and mandatory psychological support for personnel. Proposals are formulated for amending current legislation, including the Laws of Ukraine “On the Status of War Veterans,” “On Education,” and “On Professional Development of Employees.” Specifically, the development of a national “Correspondence Directory” (modeled after the American MOS Crosswalk) is proposed to automatically equate military duties with civilian managerial and technical qualifications. A distinct emphasis is placed on the legal framework for “trauma-informed learning.” The author argues that the state must legislatively establish requirements for educational programs for veterans that account for the specifics of cognitive adaptation after combat operations. A mechanism is proposed for creating regional inclusive business incubators operating on the principles of public-private partnership. The study concludes that the successful adaptation of veterans through social entrepreneurship will transform a potential risk group into a “locomotive” of post-war recovery. This will ensure a transition from passive consumption of budget resources to job creation and the strengthening of social cohesion within communities. The article holds practical value for legislative activities, local government bodies, and non-governmental organizations involved in veteran affairs.

  • Research Article
  • 10.1080/00908320.2026.2685495
The “Investmentification” of Deep-Seabed Mining in the Area: How Investment Law Concepts Are Shaping the Law of the Sea
  • Jun 10, 2026
  • Ocean Development & International Law
  • Nicolò Andreotti

This article examines the growing influence of international investment law on the legal regime governing deep-seabed mining under Part XI of the United Nations Convention on the Law of the Sea (UNCLOS). It argues that this process of “investmentification” has emerged gradually through the interaction of treaty provisions, International Seabed Authority contractual practice, and national sponsorship agreements. While these developments enhance predictability for private operators, they also introduce new pressures on the regulatory discretion of the International Seabed Authority (ISA) and sponsoring states, raising questions about how stability commitments can be reconciled with the collective and environmental obligations embedded in the common heritage of humankind (CHM). By analyzing the legal architecture of UNCLOS, the evolution of ISA contracts, and the recent contractualization of sponsorship regimes, the article explores how investment law logics shape authority, risk allocation, and environmental governance in the Area, and considers how these dynamics might be aligned with the CHM principle.

  • Research Article
  • 10.71448/tk202621
Are Power Laws Similar to Constitutive Laws? A Critical Analysis of Fractional Order Derivatives in Mathematical Modeling
  • Apr 23, 2026
  • ThyssenKrupp techforum
  • Andreea V Cojocaru + 1 more

In this paper, we present an extended understanding of the term “applied mathematics,” a philosophy of mathematical modeling, the concept of a continuous mathematical model, three different approaches to constructing continuous mathematical models of real-world phenomena, and the concept of power laws and their use in modeling. The main message is that power laws are similar to constitutive laws and, when necessary, should be incorporated into an existing model describing real-world phenomena in a similar manner. Incorporating a power law into an existing model merely by replacing a temporal integer-order derivative with a temporal fractional-order derivative violates impulse conservation and affects the objectivity and consistency of the resulting model.

  • Research Article
  • 10.54097/qtsa8t10
Research on the Practical Path of Teaching Innovation in Junior High School "Morality and Rule of Law" Empowered by Embodied Intelligence
  • Apr 20, 2026
  • International Journal of Education and Humanities
  • Yimei Liu

In the context of the deep integration of digital transformation in education and the fundamental task of cultivating morality and talent, embodied intelligence, with situational perception, multimodal interaction, physical participation, and dynamic adaptation as its core technological features, provides new technological support and teaching innovation directions for solving the long-standing problems of content abstraction, method singularity, weak experience, and fixed evaluation in the teaching of "Morality and Rule of Law" in junior high school. Based on the ideological, practical, and educational essence of the junior high school course "Ethics and Rule of Law", this paper systematically analyzes the prominent problems in current teaching, relies on relevant research results and national policy documents such as the "Outline of the Plan for Building an Education Strong Country (2024-2035)", and explains the internal logic of using embodied intelligence to empower subject teaching. From the four core dimensions of situational construction, interactive design, content transformation, and evaluation optimization, this paper systematically constructs a practical path for using embodied intelligence to empower innovation in junior high school "Ethics and Rule of Law" teaching, promotes classroom teaching from "out of person indoctrination" to "embodied experience", and from "knowledge based" to "literacy based", promotes the organic unity of students' moral cognition, rule of law concepts, and behavioral practice, and effectively enhances junior high school "Ethics and Rule of Law" teaching. The effectiveness of disciplinary education, Provide practical reference for the digital transformation of ideological and political education in disciplines.

  • Research Article
  • 10.1080/10282580.2026.2659104
Exploring the concept of traditional law and justice system in contemporary African society: a southeast Nigeria cultural and historical study
  • Apr 17, 2026
  • Contemporary Justice Review
  • Maureen Nwando Onyejegbu

ABSTRACT Law and justice system are fundamental parts of the human society. Exploring the concept of law and justice, this paper aims towards examining the important aspects of traditional law and justice system in the society. Despite the lawlessness experienced in recent years in some parts of southeast Nigeria, research is lacking in pointing out the crucial importance of traditional law and justice system in the area in contemporary times. Based on its relevance, this study explores the concept of law and justice, examines the benefits, and dynamics of change. Nigeria is a multicultural nation, and each ethnic group has its own set of defined laws and ways of determining justice. This paper adopted the qualitative approach. Secondary method of data collection, such as books, journals, reports, and newspapers, was also used. This paper argues that the practice and adoption of traditional law and justice was vital for the reduction of crimes in the area. Findings indicate that traditional law and justice are important towards maintaining peace and unity in the area. Absence of law causes a chaotic society. The findings from this study will be relevant to traditional rulers, cultural custodians, students, and researchers writing about traditional law and justice.

  • Research Article
  • 10.1111/raju.70011
Legal Theory and Conceptual Analysis
  • Apr 14, 2026
  • Ratio Juris
  • Hernán G Bouvier + 2 more

Abstract This article introduces the current special issue on legal theory and conceptual analysis, a topic explored through the lens of a debate that in 2007 engaged Joseph Raz, Robert Alexy, and Eugenio Bulygin on the question of the relation between the concept and the nature of law. We set the stage for this debate by outlining a history of conceptual analysis around the question of what is meant by an idea or concept and what could count as an analysis of a concept, and whether the structure of concepts is definitional or paradigmatic. This overview draws a map of the methodological disputes which have shaped modern legal theory, and within which we can situate the debate among Raz, Alexy, and Bulygin. We conclude by noting that, despite their disagreements, these three thinkers all view conceptual analysis (and specifically the analysis of the concept of law) as central to the issue of the proper object of the theory of law.

  • Research Article
  • 10.59546/18290744-2026.1-3-3
ԻՐԱՎԱՀԱՍԿԱՑՄԱՆ ՏԻՊԵՐՆ ԻՐԱՎՈՒՆՔԻ ԱՂԲՅՈՒՐՆԵՐԻ ՏԵՍԱՆԿՅՈՒՆԻՑ
  • Apr 10, 2026
  • Դատական իշխանություն / Judicial Power
  • Gagik Hambardzumyan

This article presents an extensive theoretical analysis of the typology of contemporary legal consciousness, examining it within the framework of the doctrine of the sources of law. The study argues that each legal family—such as the Romano‑Germanic, common law, religious, socialist, and mixed systems—creates its own unique structure of legal sources, which in turn shapes corresponding forms of legal consciousness. The research identifies and evaluates the principal approaches to legal consciousness, including natural law, legal positivism, the historical school of law, psychological jurisprudence, sociological jurisprudence, Marxist theory, and ethnocultural conceptions. Natural law theory, rooted in ideas of justice, rationality, and inherent human rights, has historically influenced the doctrines of the rule of law and human rights. Legal positivism, by contrast, places emphasis on law as the command of a sovereign authority, underscoring the normative force and enforceability of legal rules. The historical school views law as an expression of the spirit of the people, shaped by customs and traditions. Psychological jurisprudence interprets law as a manifestation of human mental and emotional experiences, particularly imperatory‑attributive feelings that define legal behavior. Sociological jurisprudence frames law as a “living law,” arguing that real social relations, rather than formal legal norms, form the true foundation of legal order. Marxist legal theory interprets law as the expression of class will determined by economic relations, claiming that legal superstructures are conditioned by the material base of society. The ethnocultural approach asserts that legal consciousness is shaped by cultural identity, national traditions, and historical development, emphasizing that no universal form of legal consciousness can exist independent of cultural context. The article concludes that understanding the typological diversity of legal consciousness is essential for developing a comprehensive methodology for analyzing legal systems, interpreting legal sources, and investigating the cultural foundations of law. Such a typological approach enables deeper interdisciplinary research, supports comparative legal studies, and contributes to the formation of more sophisticated models of legal education and legal awareness.

  • Research Article
  • 10.1080/14623528.2026.2650084
Urbicide: International Law and the Destruction of Cities in War
  • Apr 8, 2026
  • Journal of Genocide Research
  • Jenna Sapiano

ABSTRACT War leaves physical imprints on cities. The effects of such destruction endure for decades after hostilities end, as both tangible and intangible harms reverberate across generations. Cities are centers of political, economic, and social life and cultural production; they embody memory, history, and meaning. Urban warfare is not new; it has been a military strategy for as long as cities have existed. Yet in contemporary conflict, cities are increasingly subjected to deliberate and systematic destruction, and their large and growing populations render such violence especially devastating. Urbicide refers to the deliberate destruction of urban spaces, encompassing not only the built environment but also the social, cultural, and relational fabric of urban life, as well as the emotional well-being and lives of its inhabitants. Despite its prevalence and scale, most recently witnessed in cities across Gaza, international law does not recognize urbicide as a distinct crime. While existing legal frameworks prohibit attacks on specific civilian objects, such as hospitals and civilian property, they do not protect the city as a collective entity nor adequately capture the cumulative and systemic nature of urban destruction. This article argues for the codification of urbicide as an international crime, drawing on international cultural heritage law and related concepts such as domicide and ecocide to propose a legal definition.

  • Research Article
  • 10.21564/2414-990x.172.350704
Institutionalization of Delegated Legislation in Ukraine as a Requirement of European Integration
  • Apr 7, 2026
  • Problems of legality
  • Vladyslav Katylov

The article provides a comprehensive theoretical and legal study of the institute of delegated legislation in the context of adapting the Ukrainian legal system to European Union standards. The relevance of the topic is driven by the need to find a balance between the efficiency of the executive branch and the preservation of the rule of law principle within the framework of European integration processes. The aim of the article is to substantiate the necessity of legislative consolidation of the mechanism for delegating legislative powers in Ukraine and to define the conceptual foundations of its functioning in accordance with the principles of good governance. The methodological basis of the study comprises a complex of general scientific and special legal methods. The comparative method was used to analyze models of delegated legislation in EU countries (France, Germany, the United Kingdom); the historical-legal method was applied for a retrospective analysis of national experience; the systemic-structural method allowed for determining the place of delegated acts within the hierarchy of legal sources. The study analyzes the historical retrospective of this institute's development in Ukraine, starting from the state-building processes of 1918–1920, through the Soviet period of "quasi-delegation," to the controversial experience of the Cabinet of Ministers of Ukraine issuing decrees in the early 1990s. Particular attention is paid to the modern doctrine of the Constitutional Court of Ukraine, which defined the fundamental criteria for the legality of transferring legislative powers: legality, reasonableness, subsidiarity, and mandatory control by the delegating entity. A comparative analysis was conducted on the models of delegated legislation in leading European countries (the UK, France, Germany) and the legal nature of delegated acts of the European Commission in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU). The necessity of transitioning from fragmented sub-legislative rule-making to the systemic institutionalization of delegated legislation is substantiated. The author proves that the lack of specific legislative regulation creates risks for legal certainty and may hinder the implementation of the acquis communautaire. As a result of the study, the author proposes a concept for a future Law of Ukraine "On Delegated Legislation," which should clearly distinguish between executive rule-making and legislative delegation, introduce a mechanism for "Enabling Acts," and establish a multi-level system of parliamentary and judicial oversight.

  • Research Article
  • 10.22405/2712-8407-2026-1-174-187
ИСТОРИЯ ФОРМИРОВАНИЯ ТЕРМИНОЛОГИИ ДЕЛОПРОИЗВОДСТВА
  • Apr 6, 2026
  • TULA SCIENTIFIC BULLETIN. HISTORY. LINGUISTICS
  • Ksenia S Senatorova

The article is devoted to the development of a terminology system for office work. The development of terminology is represented by several stages: spontaneous (14th-15th centuries), prikaznoe (late 15th-17th centuries), collegiate (18th century), ministerial (19th century), the period of unification (20th century), and the period of primary standardization (late 20th -early 21st centuries). It has been determined that during the spontaneous period, words were formed from the names of household items, actions, and events; there was no unified system for their use in the office work context. The prikaznoe stage is characterized by the formation of a terminology for employee positions. During the collegiate stage, foreign words began to penetrate into the Russian language through borrowing, which influenced the terminology of office work and expanded the vocabulary base. During the ministerial period, the foundations of modern management vocabulary and technical terms were laid. During the unification period, terms were systematized and combined into a single document for the first time. The 20th century is considered the starting point for the development of the office work terminology system. Digitalization has had a profound impact on the development of the application of office work definitions. Regulatory acts establish the correct forms of terms and definitions, but are advisory in nature, complicating written and oral communication in office work. The digi tal era is characterized by the creation, modification, and consolidation of previously esta blished concepts in state standards (GOSTs) and federal laws. Cultural changes, wars, the political situation in the country, and the ruler who led it influenced the development of the lexical corpus. Studying the history of the development of office work terminology allows us to learn about dialectal characteristics and word formation methods. The development of office work is directly linked to historical events, which shape terms and definitions.

  • Research Article
  • 10.7256/2454-0706.2026.4.79319
Conceptual issues of legal regulation of artificial intelligence in the Russian Federation in the context of the adoption of a framework law on artificial intelligence: security and development
  • Apr 1, 2026
  • Право и политика
  • Ruslan Salihovich Rashithanov

The subject of the research is the conceptual foundations of special legal regulation of artificial intelligence in the Russian Federation. The author proposes a concept for a draft law on the fundamentals of regulating artificial intelligence in the Russian Federation. The developed draft law suggests several amendments to the current version of the draft published by the Ministry of Digital Development of the Russian Federation. Some elements of the published draft are proposed to be revised (for example, adding the developer of the artificial intelligence system to the list of subjects). Special attention is paid to the provisions of the developed draft federal law that allow for internal coherence of the regulation. Primarily, this refers to the foundations of risk-oriented classification of AI technologies, the proposed special legal regime for socially significant communications, mandatory labeling of synthesized and substantially modified content, the regime of a verified information environment, and the distribution of responsibilities among participants in the technology's life cycle. The empirical basis of the research comprises theoretical constructs and practical examples from the spheres of healthcare, education, finance, public administration, and critical information infrastructure. Through the analysis of cases, systematic interpretation of norms, and legal forecasting, the insufficiency of general legislation and the need for a framework law with preventive mechanisms have been demonstrated. The scientific novelty lies in justifying the model of a framework federal law on artificial intelligence, where central importance is attached not only to general definitions and classification of systems by risk categories but also to special regimes for the circulation of artificially created (substantially modified) content. It is argued that three interrelated institutions may be particularly significant for Russian legislation: the regime of socially significant communications, mandatory labeling of synthesized and substantially modified content, and the regime of a verified information environment. It is shown that preventing harm associated with the use of artificial intelligence should become one of the main guiding principles of the future law. It is concluded that the development of legislation in the examined area should be based on the adoption of a framework federal law that combines regulatory and preventive functions.

  • Research Article
  • 10.35765/hw.2026.2573.15
Natural Law in Relation to Human Life as a Fundamental Value in the Work of a Psychologist
  • Mar 31, 2026
  • Horyzonty Wychowania
  • Marian Stepulak

RESEARCH OBJECTIVE: The theoretical goal of this article is to present the concept of natural law. The practical goal is to demonstrate the importance of natural law in relation to human life as a paramount value in the professional work of a psychologist. RESEARCH PROBLEM AND METHODS: The research problem can be formulated as the question: What is the significance of a psychologist’s approach to natural law in the context of respecting human life? This study utilizes a critical analysis and synthesis of literature on natural and statutory law, as well as the ethics of the psychology profession. PROCESS OF ARGUMENTATION: A psychologist has a moral obligation to present the concept of natural and statutory law in the situation of making a patient/client decision regarding the value of human life, especially in the situation of protecting human life from conception to natural death. RESEARCH RESULTS: Psychologist has a moral obligation to present the concept of natural and statutory law in the context of a patient’s/client’s decision-making regarding the value of human life, especially in the context of protecting human life from conception to natural death. CONCLUSIONS, RECOMMENDATIONS AND APPLICABLE VALUE OF RESEARCH: In their daily work, psychologists should maintain objectivity when faced with ethical dilemmas faced by patients and clients. Therefore, it is crucial to skillfully convey information about the principles of natural and statutory law in the context of human life. It is worthwhile to incorporate this topic into the education of psychology students, particularly in subjects such as counseling and psychological assessment, as well as the ethics of the psychology profession. These issues should also be incorporated into the new version of the Psychologist’s Code of Professional Ethics.

  • Research Article
  • 10.54090/hukmu.919
Transformasi Konsep Mahar dalam Kifayatul Akhyar Studi Komparatif Fiqh Islam dan Hukum Keluarga Indonesia
  • Mar 31, 2026
  • AL HUKMU: Journal of Islamic Law and Economics
  • A Ansari

This research is motivated by the change in the meaning and practice of dowry in Indonesian Muslim society, which shows a shift from classical understanding as enshrined in Kifayatul Akhyar to modern concepts in national family law. In Islamic fiqh, dowry is seen as a husband's moral and financial obligation to his wife as a form of responsibility and respect. However, in the contemporary socio-legal context of Indonesia, dowry has undergone a transformation into a symbol of equality, love, and sincerity between the two parties. The purpose of this study is to examine the conceptual comparison between Islamic fiqh views and the Indonesian family law arrangement regarding dowry, as well as to explore the factors driving this transformation. This study uses a qualitative type of research with a comparative-normative approach. Meanwhile, data collection is carried out through library research sourced from classical fiqh literature, laws and regulations, and modern academic studies. The results of the study show that the transformation of the concept of dowry is a consequence of the interaction between Islamic values, social dynamics, and the principle of gender justice in national law. Thus, the concept of dowry in Indonesian family law is not only rooted in classical fiqh, but also adapts to the spirit of maqāṣid al-syarī'ah to realize justice, equality, and benefits in the relationship between husband and wife.

  • Research Article
  • 10.52468/2542-1514.2026.10(1).36-44
The system of administrative law of Germany
  • Mar 25, 2026
  • Law Enforcement Review
  • A B Agapov

Introduction. The dogmatics of German administrative law is based on the self-sufficiency of the theoretical postulates of "police law" and "public order law," primarily examined within the context of Special Administrative Law.Purpose of the study. This article aims to explore the theoretical dogmas related to General Administrative Law, specifically focusing on the concept of Verwaltungsrecht as a branch of law and its distinctions from "administrative science" (Verwaltungswissenschaft) in the context of German and Austrian administrative lawMethodology. The article employs formal-legal and comparative-legal methods: the former is used to elucidate the concept and structure of Special Administrative Law through the analysis and interpretation of legal categories and constructs. The comparative-legal analysis is utilized to compare the German and Austrian models of administrative law, identifying similarities and differences in the functioning of key institutions.Results. Police law and public order law (Polizei und Ordnungsrecht) within German Special Administrative Law occupy a central position. They are perceived as the law of danger prevention (Gefahrenabwehrrecht). A comparison with Austria reveals a similarity in the fundamental 'police' logic; however, the Austrian model places a stronger emphasis on data protection (Datenschutzrecht) and European international cooperation among security agencies. In contrast, the German doctrine elaborates more on the separation of police and intelligence competencies (Trennungsgebot) and describes their interaction through a strictly limited exchange of information.

  • Research Article
  • 10.1162/glep.a.4
Climate Litigation and Norm Dynamics: What’s the Role of Domestic Judges?
  • Mar 18, 2026
  • Global Environmental Politics
  • J Michael Angstadt + 1 more

Abstract Domestic climate lawsuits are proliferating, and their framing and resolution increasingly suggest connections to broader global climate governance. This article examines the agency of domestic judges in shaping these connections. By reviewing 1,573 domestic climate decisions for references to five international environmental law (IEL) concepts (norms, principles, and emergent concepts), we demonstrate that domestic judges across regions and legal systems are connecting individual disputes to global climate discourse. Through qualitative review of decisions (n = 143) that exhibit evidence of reference to IEL concepts, we next characterize domestic judges’ engagement. We show that, collectively, judges’ incorporation of IEL concepts (through norm pairing and norm usage) can support their domestic adoption in ways that simultaneously advance global climate governance and reinforce the global effect of those concepts. Ultimately, we urge broader recognition of domestic judges as key agents of norm development in global climate governance and additional global environmental politics analysis of the collective agency exercised by domestic judges.

  • Research Article
  • 10.17803/1994-1471.2026.183.2.100-108
Compensation for Delayed Payment of Wages and Other Employee Entitlements in the Context of Tax Disputes
  • Mar 15, 2026
  • Actual Problems of Russian Law
  • M V Lushnikova,

The paper provides the author’s analysis and assessment of the legal nature of monetary compensation for the delayed payment of wages and other payments due to an employee as a wage guarantee and as a means of ensuring the employer’s performance of its obligation. The author critically evaluates the legislator’s position regarding the application to this institution of the legal construct of the employer’s strict (nofault) liability. Particular attention is paid to the intersectoral links between the Tax Code of the Russian Federation and the Labor Code of the Russian Federation from the perspective of the terminological ambiguity of labor law terms and concepts (compensation, compensatory payments) used in the Tax Code of the Russian Federation for the purposes of taxing the monetary compensation in question. The paper also defines the areas of legal uncertainty. The problems are examined through the lens of subsidiary intersectoral regulation on the basis of a generalization of judicial practice and the official positions of the Ministry of Finance of Russia and the Federal Tax Service. The paper concludes that monetary compensation for delayed payment of wages does not constitute income (in the sense of an economic benefit) and should not be qualified as an object of personal income taxation. As a solution the author proposes to overcome and eliminate legal uncertainty and to optimize intersectoral links by introducing amendments to the Labor Code of the Russian Federation (Articles 164, 129, and 130) with regard to the definition of compensation and compensatory payments and wage guarantees, as well as to the Tax Code of the Russian Federation (paragraph 1 of Article 217; paragraph 1 of Article 422) concerning the procedure for exemption from personal income tax and insurance contributions of compensation for delayed payment of wages and other payments.

  • Research Article
  • 10.1093/grurint/ikag015
On the Concept of Chinese Data Property Law – A Third Way?
  • Mar 3, 2026
  • GRUR International
  • Xu Wang + 1 more

Abstract Data have become the most important resource in the digital economy, and a legal framework may be needed to promote data sharing and exploit the value of data on the market, especially in the context of the development of the Internet of Things and AI. However, the right way to achieve this is subject to different approaches in legislation and data governance concepts centring around ownership in data. After extensive discussions, the EU chose not to establish exclusive rights for data but instead created a user-centred data access right against data holders. In contrast, China, as a civil law country, adopted a concept from common law systems, borrowing the ‘bundle of rights’ concept from property rights to establish a new form of data property rights. This paper examines in detail China’s emerging data property rights regime and analyses the concept in dogmatic terms. A comparison will also be made with the EU’s data access approach. While both systems face the same problems of solving conflicting interests, the two data rights systems differ significantly in terms of legal instruments to effectuate data sharing. This paper argues that the EU’s data access rights might offer valuable insights into China’s developing framework. At the same time, the Chinese approach may provide inspiration should the EU re-examine its own approach and revisit its intellectual property legislation concerning raw and derived data in the future.

  • Research Article
  • 10.1093/jicj/mqaf058
Sri Lanka and Charging Practices in Systemic Crimes Cases
  • Mar 3, 2026
  • Journal of International Criminal Justice
  • Senuri De Silva

ABSTRACT This article examines how international criminal law (ICL) concepts, particularly the doctrine of Command Responsibility (CR), can shape domestic prosecutorial strategies in Sri Lanka, despite the absence of formal incorporation of ICL into its legal system. Using several recent indictments filed by the Attorney General as central examples of this prosecutorial strategy, it analyses how prosecutors have relied on domestic liability theories to approximate the attribution of responsibility to high-ranking officials. Through doctrinal analysis, case review, and insights from prosecutorial interviews, the author argues that while Sri Lanka’s legal framework does not explicitly recognize CR, its core elements can be adapted to support accountability for systemic crimes. The article explores how existing provisions of the Penal Code, combined with interpretative practices and an openness to ICL principles, offer a pragmatic, if still evolving, pathway to bridge a domestic accountability gap.

  • Research Article
  • 10.37419/jpl.v12.i2.1
Lessons from the Making of Modern Property: Reinventing Roman Law in Europe and Its Peripheries, 1789–1950
  • Mar 1, 2026
  • Texas A&M Journal of Property Law
  • Laura S Underkuffler

This article examines the evolution and reinvention of Roman law concepts in shaping modern property law across Europe and its peripheries between 1789 and 1950. Focusing on Anna di Robilant’s analysis, it explores how nineteenth-century jurists utilized the ideal of dominium—property as an individual’s absolute entitlement—to respond to the social and economic upheavals of the era. While this model emphasized personal autonomy, freedom, and equality, it was inherently in tension with the demands of collective needs and societal change. The article discusses the practical and philosophical clashes between dominium and the social function of property, tracing the historical debates and their implications for contemporary constitutional property jurisprudence, especially in the United States. It argues that a dynamic property system must reconcile both the protection of individual rights and the necessity of adapting to evolving public interests, revealing the complexity and inherent contradictions in modern property law.

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