Domestic Jurisprudence Research Articles

Court and legal proceedings through the prism of the theory of mentality

The Article is devoted to the study of the deterministic influence of the mental guidelines of the community and the realities of everyday life on the forms and historical modifications of the court and legal proceedings. Attention is focused on the need for a comprehensive and interdisciplinary study of specific forms of legal proceedings, since each of them is an objectification of the mental foundations of the community. It is shown that the consideration of legal phenomena and processes from the standpoint of the theory of mentality within the limits of domestic jurisprudence is not widespread, although this issue was relevant for the social sciences in the second half of the 20th century. The theory of mentality in the context of legal research can be considered as one of the methodological techniques of socio-cultural anthropology of law (closely related to the theory of everyday life). Achieving this goal became possible as a result of using modern, post-non-classical methodology, the tools of which allow to comprehensively explore legal phenomena and processes and focus on their deep foundations, which for a long time were considered not belonging to the objects of scientific study (everyday life, mental guidelines, stereotypes, signsymbolic sphere). It is demonstrated that a separate culture (in our case, European) is characterized by its inherent deep mental foundations, which are objectified in all spheres of social life, including legal ones. The modern court as a state institution and legal proceedings as a process of administering justice within the European cultural area are largely shaped by mental guidelines that combine a number of ancient ideas about the structure of the social world (proportionality and balance), Christian beliefs (equality), basic liberal values (freedom, justice). It has been proved that any modernization and reform processes in the field of court and legal proceedings will be effective only if they correspond to the mental guidelines of the community.

DOMESTIC LEGAL FRAMEWORK ON MARINE POLLUTION – A CRITICAL APPRECIATION

This scholarly inquiry undertakes a comprehensive and critical analysis of marine pollution (MP) as it pertains to the domestic legal framework of Pakistan, with particular emphasis on the paramountcy of oceans and the mounting exigencies confronting them. Marine pollution poses deleterious ramifications for ecosystems, living resources, human health, and maritime activities. In the context of Pakistan, multifarious causal antecedents underlie this phenomenon, encompassing industrial and agricultural runoff, shipping-related incidents, and the pervasive scourge of plastic pollution. Despite the existence of international conventions and domestic legislative enactments aimed at redressing this environmental malaise, the practical implementation thereof faces notable challenges, including shortcomings in enforcement and regulatory efficacy. To mitigate marine pollution in Pakistan, substantive efforts have been pursued, notably entailing the proscription of plastic bags, the deployment of advanced technologies for marine waste disposal, and the proactive advocacy of extended producer responsibility. Paramount among the international conventions are those mandating ship-owners' liability for oil spills, pivotal in safeguarding the sanctity of marine environments. Intrinsically intertwined with humanitarian and ecological import, the preservation of marine life mandates the promulgation of comprehensive legal edicts that assiduously protect marine ecosystems and proffer due reverence to the rights of marine denizens. Notwithstanding, the exigency to confront implementation obstacles within the Pakistani legal milieu accentuates the imperative for resolute enforcement mechanisms. Addressing these intricate challenges necessitates the adoption of proactive measures, notably the institutionalization of an autonomous industrial reporting system and exacting compliance with stringent environmental impact assessments. In summation, the efficacious resolution of marine pollution imperatives within Pakistan obliges the cultivation of a robust and meticulously enforced legal framework, profoundly attentive to sustainable marine resource management. Harmonizing international conventions with domestic jurisprudence holds indubitable import in perpetuating the sanctity of marine ecosystems and buttressing the well-being of humanity. Through rigorous legal scrutiny and judicious enforcement, the collective aspiration to ameliorate marine pollution resonates with heightened resonance and veracity.

НАУКОВІ ТА ПРАКТИЧНІ АСПЕКТИ ЗАПРОВАДЖЕННЯ НОРМАТИВНО-ПРАВОВОГО РЕГУЛЮВАННЯ АДМІНІСТРАТИВНИХ ПРОЦЕДУР

The relevance of the problems of administrative procedures in the general system of development and improvement of state management mechanisms and the necessity of carrying out research in the specified field and the deployment of the relevant regulatory and legal framework are substantiated. The ways of deploying the theoretical and legal foundations of the functioning of administrative procedures proposed by legal scholars have been elaborated. Attention is paid to the scientific position regarding the formation of the science of administrative procedural law as a relatively independent element of legal science or a sub-branch of administrative law. The analysis and generalization of research on the conceptual foundations of administrative procedures was carried out and definitions were proposed. The history of the deployment of regulatory and legal support for the regulation of administrative procedures in domestic jurisprudence is outlined. The main provisions of the Law of Ukraine "On Administrative Procedure" were analyzed. The ways of implementation of the specified law have been defined, which include the adoption or updating of regulatory acts of executive authorities resulting from this Law, as well as the need to train public servants. The first steps of the implementation of the Law's requirements are analyzed both at the government and industry levels. Attention was drawn to the insufficient systematicity and planning of the specified work and the need to strengthen the training of the relevant officials, who are entrusted with the function of practical implementation of the tasks of the state. The urgency of developing the regulation of the order of administrative procedures in local normative legal acts that regulate social relations in certain branches of state life is emphasized, among which the important place of the educational sphere, which requires a separate administrative and legal study, is emphasized.

The Century-Old History of the Development of Institute’s Law-Making Scientific School

The scientific direction related to the study of law-making issues is one of the oldest at the Institute of Legislation and Comparative Law under the Government of the Russian Federation (ILCL). Long before the formation of specialized organizational structures, fundamental research appears within its walls and conceptual ideas are substantiated, which form the basis for a stable thematic direction, subsequently evolving into a full-fledged scientific school, which receives the name of law-making and becomes one of the main ones at the Institute, its business card at the present and previous stages of development. The centennial anniversary of the ILCL seems to be a good reason to turn to the period of formation and development of the scientific school of law-making, which by its main parameters occupies a leading place in the domestic legal science. The purpose of the study is to identify the features of the formation and the main directions of the development of the law-making scientific school, inextricably linked with the history of ILCL, to show its influence on domestic jurisprudence and to outline the prospects for development. The research methodology includes historical, legal and doctrinal analysis, legal source studies, focused on the study of political and legal thought and the system of ideas present in legal doctrine, scientific legal works. It is concluded that the expressed continuity forms the basis for the formation of the law-making scientific school at the ILCL, contributes to the increment of new knowledge about law-making.

Vode kao predmet koncesije u pravu Republike Srpske

The author's interest in water usage under the concession model envisaged in the domestic legislation of Republika Srpska was sparked by the Decision of the Constitutional Court of Bosnia and Herzegovina in Case No. U-16/20. The analysis of this decision has paved the way for broader reflection, leading to further research which resulted in the creation of this article. Methodologically, the paper is rooted in the normative analysis of the Concessions Act and the Real Rights Act, the latter being the primary legislative act when discussing real property institutions in Republika Srpska. While the initial segment of this article addresses the specific legal regulation of certain kinds of properties and delineates the concepts of water, water assets, and water entities as subjects of property rights, the main focus is on pertinent issues related to water as the subject matter of concession. The scope of concession can encompass a vast array of economic activities. In the context of water, it typically pertains to the utilization of public water assets (e.g., water for technological processes in economic activities, water and waterfronts for hydro reservoirs, swimming pools, ponds, waterfronts for conducting certain economic tasks, and extraction of materials from waterways). Furthermore, the energy potential of water can be tapped when the objective of concession is the construction and operation of energy plants, which stand as one of the paramount economic facets of water utilization. The concluding section delves into the Constitutional Court's practices regarding the concession institution, as well as the notion of "state property" as an increasingly emphasized topic in domestic jurisprudence.

Civilists of the Institute of Legislation and Comparative Law and Codifications of Russian Civil Law

The article highlights the key role of prominent civil scientists who worked at the Institute of Legislation and Comparative Law (the All-Union Institute of Legal Sciences and the All-Union Institute of Soviet Legislation, celebrating the 100th anniversary of its creation), in the formation and development civil (private) law in our country and in the preparation and implementation of its two codifications (1961–1964 and 1991– 2006). Among their main scientific contributions to domestic jurisprudence are the restoration of civil law in the 30s–40s of the last century and private law in the 1990s; direct development of the Fundamentals of Civil Legislation in 1961 and 1991, and civil codes of 1964 and 1994–2006, as well as the Concept for the Development of the Civil Legislation of the Russian Federation in 2009. It is noted that the main result of their scientific work and the main scientific merit was the development of a methodology for lawmaking in the field of civil law, which will be used by modern civilists in improving current civil law.

Academician Laptev Vladimir V. – from the possible to the real

Russian legal science is represented by outstanding jurists, each of whom has contributed to its formation and development. The significance of the proposed scientific concepts and works is often recognized only after some time, when the scientist receives recognition from the scientific community and practitioners. In this article we will talk about Academician Vladimir V. Laptev, thanks to whom a new fundamental branch of law for domestic jurisprudence and economics was formed – the branch of Soviet Economic Law, now called Russian Entrepreneurial Law.

Legal security and legal certainty of the individual: constitutional and legal aspect

In this article doctrinal approaches to the concept of legal safety are analyzed. In domestic jurisprudence legal safety, as a rule, is considered, first, as safety is right (a legal system, positive law) and, secondly, as legal security (security the right) from the most various threats. Meanwhile, in the first case the subject approach to a problem is almost completely ignored, and legal safety is presented in the form of set of certain requirements to quality of the law. In the second - the concept of legal safety excessively extends as practically all spheres of public life are to a degree covered by legal regulation. From this point of view the subnotion of legal safety gets, for example, ensuring labor protection or criminal protection of interests of society and the person. At the same time both approaches don’t consider “a human factor”: the person in this case is considered only as subject to protection. In this regard legal safety is considered as “part” or “component” of national security. At the same time, there is also an alternative point of view which was developed mainly in the foreign doctrine. According to her legal safety is considered as security of the personality from legal risks. From this point of view legal safety assumes lack of retroactive effect of the law, maintenance of legitimate trust, etc. In this sense legal safety approaches a concept of legal definiteness. On the basis of the analysis of the scientific points of view and legal positions of the Constitutional Court of the Russian Federation the authors come to a conclusion that legal safety represents the requirement of the actual or material legal definiteness. The fundamental principle of such material definiteness - maintenance of trust to the law and actions of public authorities that assumes not only formal aspect of lack of retroactive effect of the law, but also verification of the positive legislation of the rights which are rather affirmed by the constitution and freedoms of the person and citizen.

Basic principles of legal regulation in the field of human genomic information processing in the context of implementation of international legal norms to national legislation

The article focuses on the analysis of human rights factors that are formed within the framework of international legal relations. The development of genomic research and expanding their application in domestic jurisprudence is a fairly new area of research in the field of public administration. On the basis of the synthesis of general scientific and specialized legal methods of research, the principles of regulation of relations on the processing of genomic information for human registration in Ukraine are formulated and substantiated, taking into account the threats to the dignity and rights of the human personality, namely: priority of life and health of citizens over interests of science and society in conducting molecular genetic examinations (research); confidentiality or protection of the genetic information of each citizen as part of personal data; equality of citizens regardless of genetic characteristics; guarantees of personality of person when using genomic technologies; observance of human and citizen’s rights and freedoms in the exercise of the rights and freedoms of others; guarantees of a citizen’s accessibility to their own genetic information; preventive actions of the state to protect citizens from the risks of loss, damage, distortion, misuse, unauthorized access to genomic information; exchange of genomic information with other countries and international organizations. In the context of implementation of international legal norms, the proposed principles are of particular importance, since they allow to maintain the balance of legal regulation and serve as a guide for law enforcement. The proposal for the application of a number of principles of processing of human genome information must be enshrined in the Law of Ukraine «On State Registration of Genomic Information», which will facilitate the formation of legal bases into the national system of law.

Правовая мысль Востока в контексте российского общетеоретического правоведения

The article raises the problem of Orientalism, which manifests itself in the difference between the axiological and epistemological approaches to Western and Eastern intellectual heritage in Russian jurisprudence. The purpose of the study is to determine the degree of legitimacy of the Orientalist approach and to outline the methodological basis that will make it possible to realize the need of the domestic theory of law in a dialogue with the legal thought of the East. The goal is achieved by answering questions about the possibility, expediency and boundaries of an equal dialogue with the political and legal thought of the East within the framework of the general theory of law. To prove the possibility of dialogue, episodic examples of the dialogic approach in domestic jurisprudence are identified and four types of goals are identified for which scientists enter into a dialogue with the legal heritage of the East: problem setting, criticism, rehabilitation of Eastern thought, substantiation of theoretical provisions. To prove the expediency and necessity of a dialogue with Eastern thought, the principles of scientific knowledge, methodological problems of modern theory of law, examples of the influence of the Eastern intellectual heritage on the philosophical and legal thought of the West are pointed out. Separately, the application of the principle of multiculturalism is critically examined, with the help of examples, attention is drawn to the richness and relevance of the political and legal heritage of the East, factors that can hinder dialogue are analyzed, and ways to overcome them are proposed. As the boundaries of the dialogue, its goal is formulated, the need to avoid eclectic synthesis and uncritical borrowings and the application of the principle of conceptual Eurocentrism is noted. The author uses materials and developments obtained in the framework of jurisprudence, historical and philosophical research.

СУЧАСНА ЗАРУБІЖНА КОНСТИТУЦІОНАЛІСТИКА: ІНСТИТУТ ПОРІВНЯЛЬНОГО ПУБЛІЧНОГО ПРАВА ТА МІЖНАРОДНОГО ПРАВА ІМЕНІ МАКСА ПЛАНКА (MAX PLANCK INSTITUTE FOR COMPARATIVE PUBLIK LAW AND INTERNATIONAL LAW)

The European vector of modern Ukrainian politics involves a broad and thorough acquaintance with the latest achievements of European and world legal thought. Domestic jurisprudence, which has been developing for many years in line with the orthodox Marxist methodology, overcomes not only ideological isolation, but also produces a new research culture based on the study and understanding of modern trends in foreign jurisprudence. It is necessary to emphasize that this process is only unfolding and is not always implemented in specific studies, in particular, dissertation studies, where the use of works by foreign authors on the studied issues is often absent, and, therefore, the latest methodological approaches and theoretical and doctrinal developments of the world's leading experts are not taken into account. As before, little information is published in domestic legal periodicals about foreign research centers and schools in various fields of law, activities of foreign legal scholars, academic publishing houses and authoritative periodicals. All this fully applies to our science of constitutional law, which encourages us to more actively cover the study of constitutional law in foreign countries, publishing activity and activities of scientific centers related to the problems of constitutional law. One of the internationally recognized centers of modern constitutional studies is the Max Planck Institute of Comparative Public Law and International Law (Heidelberg, Germany). His research in many respects sets the tone and determines the direction of modern constitutional and legal investigations. The article provides a detailed description of the work of the Institute, which is built on the principles of theoretical and methodological pluralism, individual projects are specifically directed to the use of different methodological approaches. It is noted that the research is conducted in two forms: 1) doctrinal and theoretical analysis - problem-oriented fundamental research that seeks to reveal the structures, development and regularities of constitutional and international law; 2) systematic analysis and comparison of legal norms in order to solve current legal problems or carry out reforms. The relatively low level of abstraction of such studies is explained by the need to provide specific recommendations to officials or practicing lawyers. The institute strives for broad relations with the public. It is noted that the Institute occupies a leading position in world constitutionalism in terms of the volume of research conducted, the wide coverage of topics and the depth of theoretical analysis. His achievements must be taken into account by the domestic science of constitutional law.

ДЕФІЦИТ ДЕМОКРАТІЇ В ЄВРОПЕЙСЬКОМУ СОЮЗІ: ДО ПОНЯТТЯ ТА РОЗУМІННЯ ФЕНОМЕНОЛОГІЇ

The article is devoted to the scientific and theoretical substantiation of the problem of democracy deficit in the European Union in the context of defining its concept and meaningful understanding of phenomenology. In domestic jurisprudence, this topic is practically not studied. The authors attribute the emergence of this issue to two factors: first, that against the background of a significant strengthening of the general trend towards deepening European integration, the content of which is the transformation of political systems of member states due to the desire to create a "stronger union" between peoples and the related phenomenon of supranationalism, there are relevant phenomena not so much destructive as improper functional in nature, which can be characterized for the EU as a "trap of democracy deficit"; secondly, the fact that a number of issues addressed by the EU, in turn, do not find a response from the citizens of this union - they are relevant and important only for EU member states, but not for the citizens of these states. Thus, it can be stated that the phenomenology of the "deficit of democracy" arises as a consequence of the apathy of EU citizens to the most important institutional and teleological issues of the association and the actual information crisis in the activities of its representative structures. Based on a systematic analysis of this phenomenology, it is concluded that the following features of this phenomenology can be distinguished: a) "democracy deficit" is a phenomenon that is not only inherent but also ordinary for modern democratic regimes (domestic level) or international organizations (international -subregional level) (subjective criterion); b) its characteristic feature is: insufficient level of democratic legitimacy (democratic recognition, recognition by the general population) of their institutions (functionallegitimate criterion); certain inconsistency of activities, mechanisms and procedures within such institutions with modern democratic standards (administrative-normative and procedural criteria). According to the author, the set of these criteria must be supplemented by a psycho-psychological criterion, which characterizes a number of features: a) the formation of individual, group and collective consciousness of citizens of EU member states to understand and perceive the values of association, order the day of its activity, the functioning of its institutional structure on a democratic basis - through personal, group and collective participation in the implementation of these tasks; b) the existence of its own, group, collective system of interests in relation to the EU and its activities and the appropriate positioning on their implementation through the appropriate individual, group and collective involvement in their solution; c) formation of the corresponding European legal consciousness on the basis of perception of European values, involvement in processes of their realization through a prism of activity of institutional structure of integration association. It is concluded that the phenomenon of "democracy deficit" is not so much an indicator of lack and neglect of democratic principles within the EU, as a sign of lack or imperfection of democratic procedures in political decision-making institutions of the integration association in the context of participation of citizens of its member states. developing and making such decisions. It is noted that the active doctrinal search for representatives of the science of European law and EU law led to the conclusion that overcoming the phenomenology of the "deficit of democracy" is impossible without developing and optimizing the interaction of federalism and democracy within the integration association. the whole "European integration project". Emphasis is placed on overcoming the phenomenology of the "democracy deficit" by objectifying and intensifying the system of communicative interaction of residents of territorial communities of EU member states in the context of developing forms of direct democracy, including new forms of democratic human participation in discussions and decision-making. local, regional selfgovernment, as well as at the national and supranational levels.

РОЛЬ МУНІЦИПАЛЬНОЇ ПРАВОСВІДОМОСТІ ТА МУНІЦИПАЛЬНОЇ ПСИХОЛОГІЇ У ПРОЦЕСАХ ФОРМУВАННЯ ГЛОБАЛІСТСЬКОГО ПОТЕНЦІАЛУ ТЕРИТОРІАЛЬНОЇ ГРОМАДИ

The article is devoted to the scientific and theoretical substantiation of the role of municipal legal awareness and municipal psychology in the processes of forming the globalist potential of the territorial community. In domestic jurisprudence, the topic is investigated for the first time. The author connects the emergence and formation of the globalist potential of the territorial community, firstly, with the formation and development of the system of local self-government in Ukraine as a virtually new political and administrative phenomenon, which actually determined the formation of a system of public power in the post-Soviet state (public state power + public self-government /municipal/ power) and constitutional-legal institution, which led to powerful and systematic municipalization of all aspects of public and state life. The result of such permanent and systemic influence was not only the formation of a system of municipal legal relations in the state and at the level of numerous territorial communities (between their residents-members, between them and local self-government bodies, between them and civil society institutions, between local self-government bodies of various levels , between them and other bodies representing public state power, etc.), but also in fact revolutionary changes in social consciousness (awareness of law) and in social psychology. The author claims that at the first stage of such changes there was a multi-level formation of the municipal consciousness of the population in the form of individual, group and collective forms, which became the objectified result of the constant existence and functioning of a person, his groups and associations in the conditions of local democracy within the boundaries of the territorial community in the philosophical state of everyday life - that is, where a person carries out his life cycle in the process of realizing his existential interests (existential-functional and existential-activity dominants). The second stage is related to the active position of the state regarding further legalization in the form of regulation, norm design (law design) and rule-making (law-making) of various aspects of the formation, development and improvement of the legal status of local self-government, its bodies and subjects (national-legalization dominant), including the fulfillment of the state's international legal obligations in the field of local democracy, which it undertook under the multilateral international treaties signed by it (internationally mandatory dominant). So, at this stage, we are talking about the further development and improvement of municipal legal awareness (normative-psychological dominant) in the context of solving the teleological task of forming municipal psychology (attitudes as social-behavioral guidelines, various habits as typified forms of practical activity) of a person (personality, resident a member of the TG), its groups and associations within the framework of the formation and development of civil society institutions and their further institutionalization into parallel meta- and para-structures of local, regional and national, within the state, social-management, outside the state-legal influence, conglomerate (psycho-activity dominant). Considering the functional purpose of municipal legal consciousness through the disclosure of its functions, the author emphasizes the evolutionary features of the formation of such a form of legal consciousness, which are in the preserved traditions of municipal development and achieved innovations in municipal construction, and also, taking into account their typicality for all human communities, significantly influence the formation their globalist potential.

The Concept, Essence and Digital Reality of Ordinary Legal Consciousness

The process of formation and development of legal consciousness is one of the main elements of the development of public consciousness in general, it helps to reach new levels of collective evolution. The development of public consciousness went through many stages, it can be defined as follows: from mythological, and then traditional consciousness to logical and legal consciousness. The category of legal consciousness, widely used in legal discourse, acts primarily as a characteristic of the sociolegal way of being a person. Legal consciousness, considered as a process, implicitly contains an initially defined meaning of law, encoded in the goal-setting and ideological position of the subject as a legal creature. In modern domestic jurisprudence, issues related to the understanding of legal consciousness, its essence and structure, have been developed to a certain extent. However, this does not mean that there is no space for their further study, taking into account the new methodology and changing social realities. In their works, various authors express positions that legal consciousness should be considered as a complex, in relations of interaction with law: one depends on the other equally. At the same time, it should be noted that legal consciousness is also influenced by non-legal factors that have a huge impact on the formation of legal consciousness, namely: ideological, cultural, religious, historical, material and economic, historical factors. Combining, all of the above factors form the levels of development of ordinary legal consciousness, both personal and public. The choice of legal means and, as a result, the effectiveness of the types of legal activities of the individual and society as a whole depends on the level of development of ordinary legal consciousness. In this article, the Author analyzes one of the levels of legal consciousness, namely ordinary legal consciousness. Special attention is paid by the Author to the views of legal scholars regarding the “concept” and “essence” of ordinary legal consciousness. The construction of legal consciousness, its specificity, characteristic features, as well as factors influencing its development and formation are considered. In his work, the Author reveals the features of ordinary legal consciousness, and also comes to the conclusion that ordinary legal consciousness is a phenomenon based on the subjective reflection of an objectively existing and developing reality by an individual.

Issertation review of the Doctor of Law V. S. Pletnikov on the topic “The model of the state in modern domestic jurisprudence: methodology and practice” (Yekaterinburg, 2022. 397 p.)

The review presents the author’s view on the admissibility of using modeling in the social sciences, in particular the theory of the state, on the example of the doctoral dissertation of one of the representatives of the Ural school of law V. S. Pletnikov protected by the author in 2022.

Supervisory powers of the Supreme council of justice in Ukraine: theoretical-legal analysis and content

The article is devoted to the scientific study of the theoretical and legal aspects of determining the legal content of the category "control and supervisory powers of the Supreme Council of Justice". Within the framework of the study, a scientific analysis of available doctrinal sources was carried out regarding the correlation of concepts related to the outlined issues, namely: "control", "supervision", "control and supervision activity", "authorization" and some others.
 It is noted that the purpose of this article is the need for a theoretical-legal analysis of doctrinal sources, normative legal acts on issues related to the concept and content of the control and supervisory powers of the High Council of Justice. To achieve the set goal, the work uses a system of methods of scientific knowledge, in particular, general scientific, special, as well as proprietary legal methods. At the same time, taking into account the direct connection of control and supervisory powers and the legal status of the High Council of Justice, we foresee the need to use various methods, techniques, and approaches that are necessary for conducting research. Accordingly, the choice of these research tools is conditioned by the set goal, the defined subject, the formulated tasks, as well as the nature of the available material of the selected research. Therefore, the set of selected methods, approaches, techniques forms a correspondingly ordered system, which determines their use with theoretical and empirical materials in a given sequence.
 It is noted that the problem of researching the control and supervisory powers of the High Council of Justice is dialectically combined with the concept of the constitutional and legal status of this body and is relevant in view of the doctrinal sources in the domestic jurisprudence.
 The author singled out the system of control and supervisory powers from the total number of powers of the Supreme Council of Justice.

Rebalancing Wrongs: Towards a New Law of Remedies for Aotearoa New Zealand

Tikanga Māori is a central pillar of Aotearoa New Zealand and the common law is developing to reflect that. A new era of law is emerging, informed by both tikanga Māori and settler law. While this is an important, positive step towards establishing an appropriate domestic jurisprudence of Aotearoa New Zealand, misguided integration, no matter how well intentioned, is harmful. The ongoing collision between tikanga Māori and settler law in a legal context must be navigated carefully. It gives rise to the need for specific examination of different areas of law to consider how the two systems might interact. This article examines the law surrounding remedies and considers whether and how remedial structures in tikanga Māori and settler law might be reconciled. It undertakes a broader structural analysis and a closer examination of the specific aims of each remedial framework. Overall, it argues that, with a shift in underpinning rationale to one informed by tikanga Māori, existing common law remedies may be applied in ways consistent with, and that give effect to, tikanga Māori. Despite tensions between the two frameworks, the flexibility within both tikanga Māori and the settler common law is sufficient to allow them to come together into a new law of remedies in Aotearoa New Zealand.

On the safe handling of animals in pre-revolutionary Russia

The relationship between human society and the animal world is on the verge of a fundamental, qualitative reboot! When analyzing the prospects for changes in the legal status of animals in the Russian Federation, it is customary to turn to Western European experience. At the same time, the fact that pre-revolutionary Russian jurisprudence considered the problems of protecting animals from harsh treatment through the legalization of their rights is either forgotten or deliberately suppressed. In part, this oblivion is explained by the ideological alienation of the Soviet legal ideology of the institutionalization of the legal personality of animals, and the approximation of their legal status to the legal status of man.Progressive-minded practicing lawyers, as well as legal theorists, need to get rid of ideas about the bourgeois pseudoscience of owning animal rights and stop considering animals exclusively as things. The theoretical support in this paradigm shift of public consciousness is the views of Russian humanist jurists of the late XIX-early XX century.In this article, the ideas about changing the legal status of animals contained in the works of Y. Levandovsky, P.V. Bezobrazov, S. Fischer are consistently analyzed. Giving an idea that before the revolution of 1917, domestic jurisprudence was in the trend of global trends, the humanization of relations between human society and the animal world. Expressed in the desire of the most liberal and progressive part of jurists to legalize the natural rights of animals, that is, to guarantee them the right to life. After a long period of oblivion, the ideas of the validity of animal rights have become the property of caring environmentalists, as well as truly liberal-oriented jurists of modern Russia.

Axiology of the Civil Law Principles in Modern Conditions

The study examines the problem of the principles of civil law in the context of the author’s conceptual standings concerning the principles and methods of civil law and their axiology, as well as in connection with modern changes of socio-economic and legal nature. The aim of the study was to establish axiological significance of the principles of civil law in modern conditions, including economic and legal transformations associated with the coronavirus pandemic and digitalization of society. The methodology of the study was based on general scientific and private scientific methods of cognition. Among them, a large role is assigned to the historical-legal and comparative-legal methods. In addition, the author analized domestic jurisprudence from the perspective of the problems posed in the paper. The author substantiates the definition of an independent category «axiology of principles of civil law» and describes its characteristic features. The author elucidated the axiology of principles in theoretical and practical aspects. It is concluded that the axiological meaning of the principles of law is constant and stable, does not depend on historical or socio-economic conditions. In a variety of situations, including the coronavirus pandemic or widespread digitalization of society, the principles of civil law retain their value and are able to solve specific theoretical and practical problems. An essential role in this case will belong to the pedagogical function of the principles. According to the author, it is the pedagogical function of law that is currently being implemented to a lesser extent than the rest functions. Students, and then future lawyers, are not always able to interpret the norms of legislation in the context of the principles of civil law and the basic meaning of legislation.

The impact of the use of artificial intelligence technologies on the implementation and protection of human rights

This article is devoted to the analysis of the legal consequences of the use of technologies, equippedwith artificial intelligence for human rights in Ukraine and in the world in general. Issues of regulatingthe development, use and utilization of such technologies are actively researched in the works of foreignscientists. However, this topic is still less developed among Ukrainian scholars. Given the speed ofdevelopment of such technologies, their implementation into all spheres of public life, this necessitates theneed for legal regulation of this sphere of relations. We propose to explore the challenges we face todayand to study the experience of foreign countries that have already begun and partially passed the way ofdeveloping approaches to regulating the relations that arise during the use of artificial intelligence. The articleexamines a three-level assessment of the impact of artificial intelligence on human rights, which includesan analysis of the quality of educational data used to «teach» the artificial intelligence system, risk analysisat the artificial intelligence system design stage and research of algorithms of artificial intelligence systeminteractions with the environment. Another important issue of analysis is the ethical side of the regulationof systems, equipped with artificial intelligence. With this in mind, article examines the importance ofenshrining ethical principles and norms that should form the basis for the development of domestic policies,legislation and jurisprudence in litigation due to human rights violations by artificial intelligence systems. Italso contains the analysis of the legality and ethics of data storage, including those that constitute private due to the use of these technologies is the stage of risk assessment in the development of legislation onthe regulation, use of technology and other issues related to human rights. The author conducted a studyof the causes and consequences of human rights violations due to the application of these technologies, aswell as proposed mechanisms for prevention and compensation for such violations.