Current Legal Research Articles

An Indigenous Cosmovision for Earth-Centric Governance

Abstract The following article critically examines how the structure of international law falls short of embracing common global problems. In this context, the article focuses on the ecological aspects of governance that tend to go beyond state-centric interests. Putting forward an overview of how issues beyond the states’ national jurisdiction are addressed in the present structure of international law, the article examines the challenges of incorporating the Earth-centric approach reflected in the Indigenous cosmovision into that body of law. While the analysis does not attempt to provide any conclusive solutions, it argues that the Earth-centric approach cannot be incorporated into the current international legal framework. Although absolutely indispensable for a sustainable planetary process, the approach would require a complete deconstruction of the global legal order or a radical re-organization of the current structure of international law.

The Russian invasion of Ukraine: An anti-constitutional moment in international law?

The Russian invasion of Ukraine was the first open and blatant aggression against a sovereign neighbour state in Europe since 1945. Does this war have systemic significance for the legal order as a whole? The contribution singles out legal trends that relate to three fundamental principles of the current international legal order: peace, people (humanity), and the planet. My thesis is that, although Russia has breached a fundamental, even constitutional, principle of international law, namely the prohibition of inter-state military force, this breach has productively – though unintentionally – boosted, firstly, a modest reform of the UN architecture and, secondly, a further humanization of international law. A third trend is the ‘greening’ of the law surrounding war and of the legal status of the individual. These are important positive developments that go to the very heart of international law. With some optimism, the ‘Ukraine moment’ can therefore be seen not only as an anti-constitutional, but at the same time also as a constitutional moment.

Main current legal and regulatory frameworks for carbon dioxide capture, transport, and storage in the European Economic Area

There is broad consensus on the key role that carbon dioxide (CO2) capture, transport, and storage (CCTS) systems will play in mitigating climate change, either by removing CO2 from the atmosphere and storing it permanently or by avoiding CO2 emissions generated by point sources, especially from hard-to-abate sectors (e.g., waste-to-energy, cement, shipping or aviation). Although CCTS is ready to be implemented from a technical standpoint, the legal and regulatory framework required for its implementation and regulation could be further improved. In this article, we summarize and critically discuss the provisions of the Convention for the Protection of the Marine Environment of the North-East Atlantic (the ‘OSPAR Convention’), and of the London protocol, as well as of the European CCS and ETS Directives. With a focus on the European Economic Area, we highlight existing gaps and hurdles that should be tackled in view of the large-scale deployment of CCTS. Furthermore, as the legal landscape for CO2 transport and geological storage is evolving rapidly, we provide an overview of recent clarifications on aspects of the existing legislation and a summary of new proposals presented by the European Commission in this space.

Имущественные правоотношения граждан России в браке: исторический аспект

The evolution of property relations within marriages reflects broader societal changes and the evolving understanding of individual rights and responsibilities within the family unit. This article examines the history of property relations of Russian citizens entering into, being in, and having the opportunity to terminate marriage. The analysis of the expired normative acts of the Russian Empire, the USSR and the RSFSR, as well as the current normative legal acts of the Russian Federation, is carried out in order to identify historical changes in this area of law. It is noted that joint property of spouses did not always exist and is an achievement of family legislation of the Soviet period aimed at emphasizing the equality of all citizens, including spouses, among themselves. The pre-revolutionary period was characterized by an emphasis on personal property of participants in family relations, as well as the regulation of inheritance rights. The post-Soviet period of regulation of property relations of Russian citizens in marriage can be considered as continuous with respect to the previous one. A dissonance is introduced into legislative acts by the introduction of the concept of a marriage contract, which implies the fixation of spouses' positions on property even at the stage before entering into marriage. Overall, property relations within the family unit have become increasingly complex over time, allowing for the observation of the dynamism of the development of family legislation in Russia. By tracing the historical development of these relations, we can better understand the dynamics of family law and its impact on individuals and society. Moving forward, it is essential to continue examining and adapting legal frameworks to ensure equity and justice within family relationships.

Ethical considerations in a pan-European project targeting adolescent cybercrime prevention

The growing importance of researching online activities, such as cyber-deviance and cyber-crime, as well as the use of online tools (e.g. questionnaires, games, and other interactive tools) has created new ethical and legal challenges for researchers, which can be even more complicated when researching adolescents. In this article, we highlight the risks emerging from the current European legal and ethical landscape when researching potentially vulnerable groups, with a special focus on online research. It is not always clear how to differentiate research ethics consent from consent for data processing activities: when can an adolescent independently consent to research, or when is parental consent needed? Additional problems emerge when parents do not consent to research activities, but their adolescent children do. A serious ethical challenge can arise when the parents do not communicate with researchers, but the adolescent wishes to participate, especially when weak parental oversight is coupled with research on sensitive topics. We offer some guidance on what to keep in mind when conducting online research with adolescents and highlight possible ways that these issues can be dealt with in pan-European projects.

Legal Concept of a State Aircraft is “Up in the Air”: Problems of a Definition

Due to the technological development the scope of State aircraft application has significantly expanded. As a result there is a need to study the current international legal approach to the definition of “State aircraft” with respect to its applicability to existing relations. Furthermore, the distinction between state and civil aviation is a critical issue in determining the scope of international air law instruments. The authors analyze different approaches to the definition of “State aircraft” at the universal, regional and bilateral level. The study has revealed that there is no holistic understanding of the concept of “state aircraft” in current international law, which has a negative impact on the international legal regulation. The authors conclude that it is advisable to revise the definition of “state aircraft” at the universal level, which should serve as an impetus for further unification of the legal regulation. The authors propose to expand t his legal category beyond the provisions of the 1944 Chicago Convention. This paper argues that it would be in the interests of modern aviation and would address existing and potential legal problems.

DEVELOPMENT OF ADMINISTRATIVE PROCEEDINGS IN THE CONTEXT OF ECONOMIC GLOBALISATION

The subject of the study is the conceptual, theoretical, empirical and methodological foundations of the socio-economic and legal nature of the development of administrative justice in the context of economic globalisation. Methodology. The study uses general and special methods of cognition. Using the dialectical method, the authors differentiates the essence of the development of administrative justice in the context of economic globalisation on the legal and economic levels according to the relevant criteria. The analysis created the conditions for a multifaceted study of the complex of problems and prospects for the development of Ukrainian administrative justice in the context of economic globalisation from the perspective of economic and legal etymology. The synthesis created the conditions for generalising the characteristic features of administrative justice, taking into account the current trends and international legal and regulatory developments in this area. The formal legal method allowed to correctly interpret the content of international and national legal acts that define the directions for improving administrative justice in the context of economic globalisation. The purpose of the article is to identify the problems and directions of development of administrative justice in the context of economic globalization. The results of the study show that the problems of the current state of administrative justice in Ukraine are complex, and the ways to overcome them take into account various parameters that are directly or indirectly based on the principles of economic globalisation, which are primarily based on economic and legal principles. Among the areas for improvement of administrative procedures, those that primarily ensure effective protection of human rights and freedoms, in particular through the implementation of relevant international standards, occupy an important place. Conclusion. The study of the economic foundations for optimisation of administrative justice in Ukraine has made it possible to identify certain indicators which serve as socio-economic prerequisites for optimisation of administrative justice. The statistical data show that the areas of manifestation of the subject matter of administrative court proceedings are differentiated depending on the impact of economic globalisation on certain public law relations which give rise to the relevant public law disputes. The authors distinguishes between a group of public law disputes which are directly related to the phenomenon of economic globalisation, and public law disputes in which public interests of economic content are manifested. This contributes to the creation of certain, primarily legal, structures which would facilitate the optimisation of administrative proceedings in the context of economic globalisation, which has both an external, international and internal, national format. The above considerations of optimising administrative justice in the context of economic globalisation have made it possible to identify specific problems faced by Ukrainian justice, including administrative justice: 1) organisational; 2) legal support; 3) material, financial and social support of courts and judges; 4) functioning of the institution of judicial governance and self-government; 5) staffing; 6) ensuring access to justice. Among the areas of improvement of administrative justice, the following are considered in detail: implementation of the principles of the rule of law and procedural economy, introduction of digital technologies (elements of artificial intelligence), introduction of alternative forms of pre-trial and post-trial dispute resolution, optimisation of the zonal and territorial location of courts, implementation of international standards of administrative justice, and some others.

المكتبات المدرسية التونسية: خيارات الهيكلة والتنظيم نحو العصرنة

School Libraries and information centers are part of a complex educational environment supervised by the Ministry of National Education and its regional and local representations. These libraries are also subject to the intervention of multiple actors in terms of collection, documentary funds, processing and exercise of administrative authority over them. School libraries require a legal framework that regulates them, regulates their tasks and roles, and determines their relationships with other associated structures ... These libraries need librarians equipped with professional competence and ambition to enable them to implement strategies and programs related to reading and to exploit information resources. The recruitment, appointment, promotion and transfer of these librarians must also be supervised by a known and controlled administrative structure made up of stakeholders in the field of libraries and documentation on the one hand and the various people dealing with school's libraries on the second hand. This paper attempts to answer: is the current legal and regulatory framework sufficient for school libraries to achieve what they aspire to be in our current era? Answering to this question requires identifying, developing and studying the current legal framework governing school libraries and the guides to the procedures adopted for their management, in addition to the list of libraries subject to the supervision of the Tunisian Ministry of Education. Also, how to equip them, award their accreditations ... The second part of the article is devoted to the presentation of some possible structural, organizational and procedural solutions for the administrative and technical supervision of the area of libraries and documentation and the formulation of a program or of a plan to help the school libraries keeping pace with technology and be an effective support for the progress of the education system and the improvement of the academic and cognitive results of its visitors, which gives them a central place in school life. To formulate these solutions, we rely mainly on theoretical and professional references, comparing the field of libraries and documentation with similar or close fields, and on the experiences of countries where school libraries occupy an important place and play a role essential in the school life of students and teachers. To achieve the objectives, we relied on the descriptive and analytical approach because it is characterized by realism which is in line with this study which deals with the analysis of the structure and management of school libraries in Tunisia.

Reading China's Global Security Initiative Through an International Legal Lens

Closely related to China's response to Russia's full-scale invasion of Ukraine in 2022, the Global Security Initiative (‘GSI’) has attracted attention to its vision on the current international legal order. This essay examines three major themes of the GSI through an international legal lens: common security, sovereign equality and the amorphous idea of ‘legitimate security interest’. Firstly, it highlights the risk that the notion of common security and the related emphasis on ‘major countries’ relationship in the GSI could be abused to justify state oppression of domestic population or major countries’ domination over ‘minor countries’ and proposes a reading to limit these concepts to promoting peace-making efforts led by states, particularly ‘major countries’, with cascading effects on other countries in conflicts. Secondly, it argues that the GSI's re-emphasis on sovereign equality usefully counters unilateralism and should be interpreted not retrospectively to avoid accountability but prospectively to combat impunity for serious violations of international law. Thirdly, it argues that while the notion of legitimate security interest may be irrelevant to the prohibition of the use of force in international relations, it could be a useful consideration in discharging states’ obligation to settle international disputes peacefully.

Selected issues concerning the legal and factual protection of contemporary cultural property in Poland

Selected issues concerning the legal and factual protection of contemporary cultural property in Poland

Exploring the Legal and Contractual Impediments in BIM-based Application: A Systematic Literature Review

Building information modelling (BIM) has been theoretically proven to enhance the integration of design, construction, and operation processes, hence improving the holistic delivery of a construction project. Despite the many initiatives provided by the government across various countries to increase the uptake of BIM in project implementation, previous studies have discovered the many barriers to successfully applying BIM, among which are legal and contractual issues. Hence, the present study explores and reviews the current legal and contractual impediments that have restricted BIM-based applications in the construction industry. Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) were employed as a standard protocol for reviewing the current research in the existing literature. The overall search process resulted in a total of 44 articles, which were then thematically analysed to disclose the findings. The review derived eight key aspects, namely procurement method, contract documentation, time and cost, quality, coordination, liability, security and law and regulation and their respective subcomponents as the basis of legal and contractual impediments that could challenge the success of BIM application in construction projects. The study extends the existing knowledge of BIM application and the implications arising from its utilisation and offers some practical insights for design and construction practitioners to improve their roles, obligations, and compliance with BIM contractual requirements. Several recommendations are also made for future research on BIM functionalities for contract administration.

Coeducation in physical education in Switzerland – A national inventory of the legal basis and its implementation

Introduction In Switzerland, sporting activity among girls and young women has increased in recent years. In comparison, however, boys and young men continue to show a higher level of sporting activity at every age level and in all language regions (Lamprecht et al., 2021). As physical education (PE) lessons are an important socialisation factor for extracurricular sports activities, the question arises as to how PE is taught in Switzerland to do justice to the genders. To date, there has been little scientific research in Switzerland into which cantons implement coeducational PE and which legal or regulatory bases they rely on. Due to this research gap, this contribution will analyse which cantons implement coeducational PE and to what extent these can be linked to the legal bases or language-regional curricula. Methods With the help of a document analysis of the current legal and regulatory bases as well as the three language-regional curricula a national inventory of the existing guidelines is conducted. Furthermore, a qualitative survey of all cantonal school offices analyses the current situation regarding coeducational PE lessons in compulsory education in Switzerland. Results The results indicate that there are level-specific, cantonal, and language-regional differences. Language cultural differences are particularly evident at lower secondary school level, since in the German-speaking cantons PE lessons are mostly mono-educational and in the French and Italian-speaking cantons they are usually coeducational (Hayoz, under review). Discussion In the German-speaking cantons, especially for lower secondary level, the organisational recommendations given in these curricula are used by the municipalities and schools to make and legitimise their decisions. This recommendation can be critically reflected upon and discussed regarding the holistic educational goals of compulsory schooling, as the aim is to provide competence-orientated PE lessons and to promote interdisciplinary skills. According to Alfermann (1992), it must be questioned why precisely this differentiation feature – and no other heterogeneity feature – is used to divide the existing classes. Although performance is a constitutive characteristic for schools and for sport in general, performance is merely one “pedagogical perspective” among many for PE lessons (Frohn, 2019). Conclusion In order to analyse the specific didactic implementation of mono- and coeducational teaching in PE and to better understand the language-cultural differences, further national studies would be necessary at both local as well as school level.

Законодательные основы регулирования развития органического сельского хозяйства России

Abstract. The purpose of the study is to assess the current regulatory framework for the regulation of organic agriculture for the analysis of existing shortcomings and the degree of its compliance with the real needs of domestic agribusiness. The main method of research was the analysis of the legislative framework at the federal and regional levels, as well as domestic and foreign experience in organizing budget support for organic agricultural producers on its basis. Results. The current regulatory legal acts regulating the production of organic food in Russia and the world are considered. The assessment of measures to support organic agriculture in the context of individual regions of the Russian Federation was carried out. The characteristics of the development features and necessary adjustments of the current regulatory framework of organic production are given. Taking into account foreign practices, proposals are formulated to reduce the costs of organic producers for certification by developing systems of guarantee participation and group certification. In order to more actively develop the organic food market in Russia and, in particular, in the North-West, measures are proposed to make adjustments to the legal regulation of organic farming and animal husbandry, the transition to mass certification of small businesses. This will strengthen the competitive position of domestic organic agricultural producers primarily in the domestic market and strengthen the overall position of the industry even in conditions of increased external restrictions for export supplies. The scientific novelty of the study is to assess the existing institutional opportunities and limitations in the production of organic products at the present stage of development of the agricultural sector.

A Critical Review of the Institute of Multiple Recidivism in the Modern Criminal Law of the Republic of Serbia: The Controversy of the Current Legal Solution and Possible Solutions

After being derogated several times, the institute of multiple recidivism was re-incorporated into the Republic of Serbia’s positive criminal legislation with the intention of giving intentional perpetrators of crimes punishable by imprisonment, who were previously convicted at least twice for criminal offenses committed with intent to imprisonment for at least one year, harsher penalties and disabling them from committing criminal offenses in the future. Numerous disputed scenarios required national jurisprudence to find solutions, with the challenges of calculating the criminal range and the level of the lower threshold of the imposed criminal sentence standing out in particular. The observed institute was analyzed primarily through the prism of rationality, justification, and expediency of the current normative solution, within which the author attempted to provide answers to potentially contentious issues. The findings of the conducted research indicated that the new concept of the institute of multiple recidivism is incorrect because the threshold of half the penal range is excessively high and does not leave enough space for the court to objectively weigh the circumstances of each specific case. Furthermore, the findings suggest that in some cases, an approach based on alternative measures may be a more convenient solution, as well as that the application of the existing legal solution regarding the observed institute is merely legitimate in relation to some categories of perpetrators who are declared “incorrigible.” The conducted research concludes that, due to the arguments presented in the paper, there is a high likelihood that the institute of multiple recidivism will again be derogated from the Republic of Serbia’s legislation if the provision of Art. 55a of the Criminal Code remains unchanged.

Prisoners of Impunity: What the Global Community Should Know about and Learn from the Russo-Ukrainian War

While the world awoke to the horrors of Russia’s full-scale invasion of Ukraine on February 24, 2022, Russia’s military intervention into Ukraine’s internal affairs had its roots in 2014 with the annexation of Crimea and the war in Donbas. Long before 2014, Russia had sought to influence Ukraine’s electoral outcomes, foreign policy and political alliances, as well as exert economic coercion through trade wars. The overarching imperialist vision of Ukraine has long been evident in political addresses delivered by Russia’s leadership and the narratives projected by state-controlled media. Much of the world community, however, perceived these actions through the lens of Ukraine as a post-Soviet country presumed to belong to the so-called Russian sphere of influence. Despite numerous historic and modern-day atrocities against those perceived to be part of its geopolitical periphery, Russia enjoyed political, economic and moral impunity. Too often, Western powers prioritized regional stability and trade with Russia over upholding the rule of law and respect for Ukraine’s sovereignty. This was evident in the tepid reaction to Russia’s annexation of Crimea and the instigation of war in Donbas. Settling for a state of ‘negative peace’ in the case of Minsk accords (2014, 2015) – rather than holding Russia accountable for its actions, revealed a lack of holistic understanding of Russia, Ukraine, and what it truly takes to achieve “positive peace”. This essay offers a broader historical context for Ukraine’s nation building and Russia’s enduring and centuries-long colonial drives toward Ukraine. It argues that the Russo-Ukrainian war, beginning with the annexation of Crimea, marks a unique moment in the post – World War II international world order. This event poses a challenge to the current international legal framework while also presenting an opportunity to draw lessons for preserving the liberal world order.

Unjustified enrichment and restitution in social security legal relations

The article is devoted to the consideration of the grounds and prospects for the use of the mechanism of restitution in the law of social security. The authors argue that the industry has developed a need for a legal structure regulating cases of unjustified or excessive provision of social security to citizens. This thesis is illustrated by an analysis of current regulatory legal acts and emerging judicial practice. In resolving disputes of the category considered in the article, the courts took the path of borrowing a private law mechanism of restitution, which is generally supported by the authors. At the same time, the article focuses on the need to comply with the rules developed by science for borrowing private law structures by social security law, including ensuring the sectoral adaptation of the implemented legal instrument. In this regard, the authors draw attention to the position of the Constitutional Court of the Russian Federation, formulated in Resolution of 14.01.2016 no. 1-P. In the work, this position of the Constitutional Court of the Russian Federation is regarded as focusing on a specific industry adaptation of the borrowed legal structure of restitution for the purposes of social security law. The authors emphasize that when the parties to the social security legal relationship return to the state preceding the violation of the law, it is necessary to formalize the distribution of the burden of adverse consequences of the error of the authorized body on the basis of the general legal principle of justice, excluding a formal approach to resolving the legal situation. This involves taking into account the specifics of the life situation in which the citizen is, the duration of the period during which he received the social payment assigned by mistake, as well as other significant circumstances.

网络运营商侵害用户个人信息的现状和法律保护

网络运营商侵害用户个人信息的现状和法律保护

Legal and Regulatory Framework for the Protection of Scientific Data in Guinea

Faced with the growing importance of data security, this research aims to examine the Guinean legal and regulatory framework relating to the protection of scientific data. Through a systematic analysis of legal and regulatory provisions, enriched by interviews with key players in the academic and scientific community, the study evaluates the coherence and efficiency of legislation in Guinea with regard to international standards. Preliminary findings reveal the existence of notable progress but also significant deficits, particularly with regard to alignment with international data protection standards. On this basis, recommendations are put forward with the aim of improving the current legal and regulatory structure for optimal safeguarding of scientific data in the Republic of Guinea.

Digital Divide as a Clog in the Wheel of Digital Economy: What Options for Nigeria?

The rise of the digital economy, fuelled by technological innovations and digitalisation, has revolutionised every aspect of society and the economy. Unfortunately, the digital divide in Nigeria is hindering many citizens from participating in this new economy due to a lack of access to digital resources. To address this issue, this paper employs the doctrinal research methodology to provide a comprehensive overview of the digital economy. The paper evaluates the extent of the country's digital divide and identifies the factors contributing to its widening. It analyses the current legal and policy frameworks to bridge this gap. Ultimately, the paper recommends greater investment in telecommunication and electrical infrastructure, improving data availability and affordability, connection quality, and allocating more resources to digital education to encourage the development of locally relevant content and applications in languages. It concludes that bridging that divide will require targeted regulatory and policy initiatives recommended herein.

A 360<sup>0</sup> scan of primary care in Flanders: what is needed and how to address challenges to build a strong primary care.

The primary care (PC) in Flanders is going through a transition to realize integrated care (IC).
 Artevelde University of Applied Sciences (AUAS), as knowledge institution, wants to contribute to a strong PC and undertook a needs analysis incorporating the problems PC-actors are facing and the support AUAS could offer.
 A stakeholder mapping (e.g. care, welfare actors at micro-, meso- and macrolevel) was executed. 44 in dept interviews were conducted. After data-analyze, a member check (n=17) took place, followed by validation by the Flemish Patient Organization representing the person with care and support need, the Flemish Institute for PC, and the King Baudouin Foundation, a philanthropy organization.
 Key is the paradigm shift from supply-led care to person-centered care. Transformation towards IC encompasses various dimensions of integration: clinical, service, functional and organizational (Lewis et al.). Our findings showed obstacles on those dimensions. At the clinical level, care professionals and providers stressed the need for shared guidelines and protocols. At the service level, implementation of IC-services through interdisciplinary teams is hampered. Professionals do not know each other or what to expect, since they are mainly organized in ad hoc or fluid teams, hampering good collaboration. Participants indicated at the functional level the lacking of an integrated, patient-centered electronic record.Integration of organizations is still ongoing. Different obstacles within and without the sphere of influence of an organization were brought up, e.g., the current legal and financial framework.
 The participants indicated that both the PC- sector as well as education, research and policy hold a piece of the puzzle to facilitate the different forms of cooperation. 
 They reached out to educational institutions to coordinate their educational and lifelong learning programs more co-creatively and flexible. Basic courses should work on interdisciplinary courses to promote cooperation later in the field. There is a need for further development of the so-called t-shaped professional, a professional with skills and expertise in a single field, but the ability to collaborate across disciplines with experts in other areas and to apply knowledge in areas of expertise other than one's own.
 Lifelong learning should work out multidisciplinary education courses targeting broad topics and develop a tailor-made offer, including coaching of PC actors, organizations, and networks. 
 They also called for more cooperation between PC and research. Research must be tailor-mode and needs to speed-up. Support in all forms and phases of research is wanted. A willingness to work together as equal partners from scratch is formulated. Co-creation and transfer of research competence are key. In addition, mandate is given to researchers to report results to policy.
 Based on those findings AUAS is working together with PC to develop an ""academic collaborative center (ACC)"" a sustainably funded collaboration between end users, science, care practice and education with complete equality between partners. Central is co-creation with intensive and equal collaboration between various stakeholders, creating scientific knowledge in which the perspectives of the end users are central (f.i. implementation of IC in PC) and creating societal impact (improve quality of care) are ambitions that are intertwined.