Development Of Legal Science Research Articles

KHADICHA SULAYMANOVA IS THE FIRST UZBEK LEGAL SCIENTIST

This article analyzes academician Khadicha Sulaimanova's development of science, efforts to establish a legal state, exemplary life path and scientific and cultural heritage, her becoming the first female Uzbek lawyer and judge, development of legal science, justice of the Uzbek SSR activities in the positions of minister and chief judge, being recognized as a coach, academician and public figure, participation in international scientific conferences, as well as the events leading up to his death are shown in sequence.

THE URGENCY OF UNDERSTANDING THE LEGAL SYSTEM IN LEARNING LEGAL SCIENCE

The importance of understanding the basic concepts of the legal system in the context of the study of legal science, the relevance of understanding the legal system as the main foundation for students of legal science in developing knowledge, skills, and in-depth understanding of the legal principles that govern society. The results of the research highlight the critical role of understanding the legal system in forming a holistic perspective on the development of legal science. A deep understanding of the structure, function and dynamics of the legal system provides a solid foundation for students to face the complex challenges of modern legal practice. The implications of this research highlight the need for an emphasis on legal systems understanding as a central element in the design of legal studies curricula to ensure that students not only have a substantial understanding but are also able to integrate and apply legal knowledge in social and practical contexts.

Optimalisasi Kebijakan Publik Dalam Bidang Pariwisata Sebagai Upaya Meningkatkan Perekonomian Masyarakat Di Desa Wisata Seruni Mumbul Kecamatan Pringgabaya Kabupaten Lombok Timur

Through law, policies can be implemented in accordance with what has been determined by the government. This is because the government in making a policy must always adhere to the legal rules that have been established. Law and public policy are variables that are very closely related, so that studies of public/government policy are increasingly needed to understand the current role of law. This need is increasingly felt as the government's role in entering the field of human life expands, and economic, social and political problems become increasingly complex. Apart from that, legal regulations also play a role in helping the government in its efforts to find alternative policies that are good and beneficial to society. It is very necessary to optimize public policies for most tourist destinations during the decline of the Covid 19 virus disease outbreak. The decline in the tourism sector has an impact on Small and Medium Community Enterprises (MSMEs) and community employment. The tourism sector is one of the sectors that provides the most employment opportunities and provides welfare to the community. The non-operation of one of the activities in the tourism sector causes most people to lose their livelihoods and has a negative impact on the community's economy. Based on the above background, we chose to focus our research activities on optimizing public policy in efforts to develop tourism in the Seruni Mumbul Tourism Village, Pringgabaya District, East Lombok Regency. As a specific goal and target in the corridor and focus of research activities in the field of tourism development to improve the community's economy, this is a manifestation of our role as lecturers to be able to seek access to a subject area that must be developed at the Faculty of Law, University of Mataram. And the focus of this activity is certainly expected to contribute to the development of science in general and the development of legal science in particular related to public policy and tourism. And the output of this research will be able to produce teaching materials for tourism law courses which have not been included in the curriculum at the Faculty of Law, University of Mataram.

Institution of Patient’s Advance Directives in the Context of Ukraine’s Aspirations for European Integration

The development of legal science in Ukraine is connected with the processes of reform of society oriented to European values and standards of human rights. The most important among them are life and human health, which are related to the realization of patients’ rights in the health sector. In this context, the purpose of the article was to analyze the status and prospects of the legal regulation of the institution of patient advance directives, in terms of the methods of medical intervention for the future. The research methods used were: systems analysis, comparative and legal analysis, formal and logical method, prognosis. In the conclusions, the authors have offered civil means, which should create new opportunities for the exercise of subjective rights of patients during the provision of medical care. Finally, suggestions have been made for draft normative acts on improvement of legal regulation of the health care sector of Ukraine in accordance with European legal norms.

Historical and legal characteristics of main scientific concepts of origin of the State

The aim of the research is the historical and legal characteristics of the main scientific concepts of the origin of the state. The opinions of scientists were analyzed and a conclusion was made about the variety of concepts related to the emergence and formation of the state. It was shown that the main concepts (theories) of the origin of the state include: theological, organic, patriarchal, psychological, class, violence theory, oligarchic, racial, cosmic, etc. The following methods were used in the research: analysis of biographical sources, synthesis, deduction, comparative analysis and meta-analysis, etc. It was concluded that in modern legal science there are various theories explaining the process of the emergence of the state from different positions. The list of scientific concepts we considered is not exhaustive, but with the development of legal science it can be expanded and supplemented with new content. Having considered the main theories of the origin of the state, we can come to the conclusion that it is impossible to state unequivocally which of these theories is absolutely correct. Each of the theories deserves attention and affection, each of them has its positive and rational points.

Alternative ways of conflict resolution in Islamic law and the possibility of their application on the territory of the Russian Federation

The subject of this study is alternative dispute resolution (ADR), namely the methods of ADR in Muslim law. The author examines in detail the methods of ADR regulated by Islamic law, such as Sulkh, Tahkim, Muhtasib, Fatwa, Med-Arb, as well as Wali Al-Mazalim, which is not currently used, but is of interest in the framework of the study. Also in the course of the study, the experience in regulating the ADR of a country like Malaysia is touched upon, in particular, aspects of regulating such methods as Sulh and Tahkim are touched upon. In the course of the study, the methods of ADR in Muslim law are compared with similar institutions in other legal systems. The scientific novelty of the study lies in the fact that it includes an analysis of existing alternative dispute resolution mechanisms in Islamic law and considers the possibilities of their application in Russia, as well as discusses problems related to this issue. The answers to these questions can become the basis for further development of legal science in the field of alternative dispute resolution methods, as well as find application in real life to reduce the burden on the courts, as well as for cross-cultural application in various fields, including with Islamic banking institutions. The main conclusions of this study are the possibility of applying Sharia law to regulate ADR, as well as a proposal to increase the possibilities of using ADR in court cases by creating a state mediation center and creating categories of cases in which the use of mediation in such a center will be a prerequisite for further consideration of the case.

LAW ENFORCEMENT ON PERPETRATORS OF FUEL OIL AND GAS COUNTERFEITING IN BANGILAN, TUBAN

The purpose of this research is to analyze the implementation of law enforcement of perpetrators and analyze efforts to overcome perpetrators of criminal acts of counterfeiting fuel oil and gas in Bangilan Village, Bangilan Kecaatan, Tuban. This research is included in sociological juridical research. The legal sociological approach is a science from the development of legal science and can be observed by studying social phenomena that have legal aspects in society. The results of this research indicated that the implementation of law enforcement perpetrators of criminal acts of counterfeiting fuel oil and gas in Bangilan Village, Bangilan District, Tuban, the investigator concluded that the actions committed by the suspect Soniawan prasetio were proven to have violated Article 54 and Article 53 of the Law of the Republic of Indonesia No. 22/2001 concerning Oil and Gas, as amended by Law of the Republic of Indonesia No. 11/2020 concerning Copyright Work. The efforts of the East Java Regional Police in overcoming the criminal act of counterfeiting diesel fuel (BBM) are carried out with countermeasures in the form of pre-emptive efforts, preventive efforts and repressive efforts.

PENERAPAN HUKUM TERHADAP ANAK YANG MELAKUKAN ABORTUS DIKAITKAN DENGAN PASAL 49 AYAT 2 KUHP.

Today there is a lot of sexual violence against minors. A religious teacher as well as a scout and paskibraka trainer at SMPN Tangerang molested his students and the victim received trauma healing services for his psychic healing. If a child commits a crime, it is regulated under Law Number 11 of 2012 concerning the Juvenile Justice System. Imprisonment for children is only used as a last resort (ultimum remedium). The issue of abortion is regulated in Article 346 of the Criminal Code, namely that a woman intentionally causes the abortion or death of her womb or orders someone else to cause the perpetrator to be sentenced to a maximum imprisonment of four years divided by two. The author considers it important to examine this issue because children are the younger generation who must receive special protection. Problem Formulation How is the application of the law to children who have abortions? Can the crime of abortion committed by children be categorized into Article 49 paragraph 2 of the Criminal Code. Objectives and Uses of Theoretical Research is expected to provide benefits and expand thinking on the development of legal science in the field of Criminal Law, especially in the crime of abortion due to rape. The method that the author uses in this research is normative juridical. In conclusion, children who have an abortion due to rape can be categorized into article 49 paragraph 2 of the Criminal Code. (noodweer exces) into forgiving reasons (fait d'axcuse) because it eliminates the element of guilt of the criminal offender.
 Keywords: Rape; child; abortion

MEASURING POSITIVISM IN LEGAL SCIENCE AND LEGAL PRACTICE IN INDONESIA

This research departed from strong legal positivism in the development of legal science and legal practice in Indonesia. This research aims to analyze the positivism in legal science and legal practice, particularly in law enforcement reflected on judge jurisprudence (court verdict). The method used in this research was juridical normative with library study approach, related to expert’s doctrines and news sources related to some cases in Indonesia. This research explains that positivism highly affects law enforcement system. It can be seen from some judge jurisprudences tending to emphasize dominantly the positive law and ordinance and to prioritize law certainty. It of course generates pros and cons within society concerning judge verdict in some cases by people considered overriding justice aspect. In making verdict, a judge should obligatorily prioritize justice value, and law certainty and benefit and thereby can protect, put anything in order, and create peace in society life in dealing with the challenge of rapid time change.

Disaster Mitigation Policy by The Government Of Bima In Realizing A Disaster Resilient City

The purpose of this research is to describe the local government policies in realizing Bima as a Disaster Resilient City and to describe the form of disaster mitigation policies by the Bima government in realizing a Disaster Resilient City. Research method of this research is normative-empirical legal research (Mix Methods), using a statutory approach (Statute Approach), and a conceptual approach, the type of data used is secondary data and is supported by primary data. The result shows that the disaster mitigation policy efforts developed by the Bima City government are in the form of Structural (Physical) Mitigation, drainage systems, retention dams, construction of retaining dams, making check dams, dams, earthquake-resistant house river embankments. Non-Structural (Non-Physical) Mitigation legislation, training, socialization. The policy forms of the Bima Government indicate that a Regional Regulation is made which includes the establishment of development policies that pose a risk of disaster, disaster prevention activities, emergency response and rehabilitation. In addition, other policies are 7 priority Regional Resilience Index (IKD) and 71 Regional Resilience Index Indicators in 2020/2021. The usefulness of this research is academically, this research is expected to be useful for further researchers as well as the development of legal science in the future, practically, this research is expected to be a reference for further researchers and the Government in particular in studying how disaster mitigation policy arrangements by Bima Government in order to realize Disaster Resilient City. The authenticity of this research lies in the regulation of disaster mitigation policies, as far as the authors search that the policies carried out by the City government already exist, but in the post-disaster period, those who have conducted research on other objects. Therefore, it is considered important to do research.

История Советского Союза в контексте научного анализа XIX Международная научная конференция «Государство и право: эволюция, современное состояние, перспективы развития (к 100-летию образования CCCР)» (28–29 апреля 2022 г., Санкт-Петербург)

On April 28-29, 2022, the XIX International scientific conference «State and Law: Evolution, current state, development prospects (to the 100th anniversary of the formation of the USSR)» was held at the St. Petersburg University of the Ministry of Internal Affairs of Russia, dedicated to an important event in the state and legal development of Russia – the formation of the Union of Soviet Socialist Republics.
 This conference was attended by 322 scientists and practitioners, including 91 doctors of sciences and 158 candidates of sciences. On April 28, 2022, the scientific meeting was attended by citizens of Belarus, Moldova, Kyrgyzstan, Tajikistan, Lithuania, Zimbabwe, Congo; scientists and practitioners of the Russian Federation from 52 cities, 123 academic and educational organizations, as well as organizations engaged in practical legal activities. April 29, 2022 The Young Researchers section was attended by 227 researchers – citizens of Russia, Belarus, Kyrgyzstan, Tajikistan, Uzbekistan, São Tomé e Príncipe; from 24 Russian cities, 40 educational organizations. 147 speakers presented the results of their research in face-to-face format.
 The following issues were discussed at the conference: prerequisites for the formation and collapse of the USSR; characteristics of the USSR as a new type of state; features of the form of the state – the USSR; specifics of the organization and functioning of the Soviet state; the system of law and the system of legislation in the USSR; the place of militia in the mechanism of the Soviet state; the formation of civil society in the USSR; forms of interaction of state bodies with development of legal science and legal education in the USSR; legal culture of the Soviet society; forms of self-organization of the public in the USSR.
 The conference participants stressed the importance of analyzing the state and legal history of the USSR to find ways to improve the legal regulation of public relations in modern Russia.

Legal culture as a factor in the eff ectiveness of legislative activity

Introduction. Today’s changes in economic relations, political and social spheres of Ukrainian society require radical changes in the legal superstructure, in particular, a signifi cant update of legislation and ensuring the humanistic direction of its implementation. The aim of the article. To fi nd out the current state and problems of development of legal culture as a factor in the eff ectiveness of legislative activity, taking into account certain aspects of it to highlight them in this article. Results. The law is able to nurture legal ideas, promote the emergence of new, more progressive approaches to solving problems of legal regulation; by-laws are adopted on the basis of the law, legal institutions are formed, which testify to the level of legal culture; with the help of laws and bylaws based on them, a system of actions and attitudes that meet the minimum standards of culture is approved; the law creates or consolidates those institutions (bodies) that are able to form a legal culture. It is argued that laws must be truly just, legitimate, express the true interests and will of the people, society, and be perceived by citizens as «their own» and not «foreign», imposed from above as abstract prescriptions. It is then that laws and other regulations will be enforced «not out of fear but out of conscience», to inspire trust, respect and the need to follow them. Thus, the law becomes formal, ineff ective, so the individual does not recognize its value, and therefore ignores it. It is established that the need for steady growth and achieving a high level of legal culture of every citizen, every offi cial, every civil servant and, especially, professional lawyers, who have the main work on lawmaking and law enforcement. In the professional legal culture a special place belongs to the legal culture of lawmakers, because the level of their professional training, legal culture depends on the quality ofaws, timely and correct amendments to existing legislation in order to improve it. Conclusions. It is the development of legal science and culture of members of society that should create a mechanism for implementing state and legal reform, which would provide Ukraine with the rule of law necessary for normal life, then it would be leading and obvious what and how to change to improve it, not constant destruction. Key words: legislation, effi ciency, legislative activity, regulation of public relations, legal culture.

Law And Morality: The Hart And Fuller Debate

This paper aims to explain how the relationship between law and morality in the H.L Hart and Fuller debate. The relationship between law and morality in the development of legal science is inseparable from legal and morality debates. Legal positivism scientists place law and morals separately, while natural law scientists place law and morals as inseparable. In this case, the author tries to recall how the post-World War II conditions were shocked by the debate between British legal scientists and American legal scientists, namely H.L.A Hart and Lon Fuller.

Legal Accountability of Recording Transparency in Village Fund Financial Reporting

Objective: This article aims to find out the legal accountability of recording transparency in village fund reporting, especially in Gatak Village and Krecek Village, Delanggu District, Klaten Regency, knowing what obstacles are hamper to realizing transparency in recording and reporting village funds.Method: This type of research is empirical or sociological research. Empirical research is a type of research that is used to solve problems by examining secondary data first and then proceeding with conducting primary data research in the field and the application of law in society. The writing method used in this research is descriptive research. Findings: Transparency of Recording and Reporting of Village Funds of Gatak and Krecek Villages, to realize good governance, this has been proven by the accountability reports and the results of interviews that have been carried out by the authors in accordance with existing mechanisms based on Law No. 6 of 2014 concerning Villages, and Minister of Home Affairs number 113 of 2014. About Guidelines for Regional Financial Management. From the interviews, it was found that there were weaknesses in terms of delays in funds coming down from the center, and this would also result in a delay in activities along with existing recording and reporting, in addition to the lack of maximizing technology resources in order to fulfill transparency to the public of existing human resources, but these obstacles are still able to be resolved and do not interfere with the performance of the village government for the better.Purpose: This research is expected to be able to contribute ideas in the development of legal science, especially state administrative law, especially regarding the implementation of good governance at the village level. This research can know the recording and reporting mechanisms to achieve transparency in village fund financial reporting, and can provide the views of readers and writers who have problems with similar problems, also determine the author’s ability to apply the knowledge that has been obtained.Novelty: Different from previous research, this paper has differences that emphasize more on the role of village officials in legal responsibility in the transparency of recording and reporting village funds.

Independensi Dan Keunikan Ilmu Hukum Dalam Tinjauan Ontologi, Epistemologi Dan Aksiologi

The discourse on the status of legal science included in the category of science or not science has always been a matter of debate. The difference between the empirical and normative schools of thought gives rise to differences in perception, making it a never-ending problem, especially in Sui Generis jurisprudence. Studying through the philosophy of science becomes an effective way to solve these problems based on the ontological, epistemological, and axiological aspects. The development of legal science through the realm of research is a challenge that must be done in order to achieve solutions to various problems in society. This research is a qualitative research using a philosophy of science approach so that a conclusion is obtained that philosophically, legal science is included in the category of science. Legal science is also a substantial study of the rule of law that comes from one's own mind and is useful for the process of developing and applying legal science.

On the development of legal science and its methodology A.A. Malinovsky. History and methodology of legal science: textbook

The reviewed textbook is a monographic work of the Head of the Department of Theory of Law and Comparative Law of MGIMO, Doctor of Law, Professor A.A. Malinovsky. The manual reveals the history and theory of legal science, the methodology of legal cognition, the methodology of legal research. The publication includes a didactic section aimed at the formation of students' professional competencies as a lawyer, both a theorist and a practitioner.

Leader in law theory: in memory of Alexander Fedorovich Cherdantsev

The article is dedicated to the memory of Professor A.F. Cherdantsev, a well-known Russian legal theorist. In the focus are creative periods of the scientist's life. Particular attention is paid to his contribution to the development of legal science with the emphasis on law interpretation, scientists achievements in the field of investigating epistemological nature, values (principles) of interpretation of legal norms, formulation of linguistic, systemic and other rules. The author's contribution to the development of methodology of law and his criticism of the integrative approach in jurisprudence have also been illustrated. The article analyzes the scholars development of the legal norm doctrine, its structure, technical and legal regulations, etc. His contribution to the development of educational literature is separately considered and highly appreciated. The tribute is also given to his individual scientific papers. It is proposed to systematize and republish Professor Cherdantsevs works.

The Formation of the Legal Facts Theory in the Context of the Development of Legal Science

This article reveals misconceptions in the study of the theory of legal facts in Roman law studies . The use of an institutional approach in Roman law studies led to the conclusion that there are no elements of the legal facts theory in Roman jurisprudence. Using a historical and theoretical approach, the author concluded that there was a developed system of legal facts in Ancient Rome and a system of logical and stable concepts of the legal facts theory formed at the level of the concept, which was accepted and developed by the subsequent legal science.

The Problem of the Right to Trial: The Theory and Practice of Dualism and Interaction between Substantive and Procedural Law

Continuing the study of specialization of Russian civil procedural law, the author, based on the invariable perspective of its action, namely: a standardized court procedure of civil proceedings in administration of justice in a certain civil case and protection of the right, dwells on certain issues of its structural and functional characteristics — classification of procedural norms, mechanism of procedural regulation, mechanism of procedural legal relationship, etc. Through the context of the principle of dispositiveness, when clarifying the scope of its action and content as the legal beginning of legal proceedings (its leading element is the right to trial leading to the interaction of substantive and procedural law in the course of judicial protection of the right), the author analyzes and reveals the content, substantiates connections and relations between various interdisciplinary phenomena of law (a claim, the right to claim, etc.). The latest jurisprudence illustrates the importance of the conceptual legal apparatus for the development of legal science, law and improvement of its implementation in the Russian legal order.

Judicial power development issues in Russian conservative legal ideology during the second half of the XIX-th century

The political and legal ideology of Russian conservatism becomes more and more popular in modern conditions. This scientific work is devoted to the study of the political and legal positions of Russian conservatives in the second half of the 19th century, who made a significant impact on the development of legal science. The problem of judiciary development is taken as a basis. The purpose of the study is to analyze the positions of Russian scholars and public and political figures who proposed a special concept of views regarding the place and role of the judiciary in the state mechanism of the Russian Empire during the second half of the 19th century. The hypothesis of the study is the presentation of a special approach to the consideration of conservative ideology in relation to the creation and organizational activity of the judicial system through the prism of national problems that developed in the Russian Empire during the second half of the 19th century. The methodological basis of the study is made up of general scientific, private, as well as special methods of cognition.