Existence Of Legal Norms Research Articles

Urban Greening Management Arrangements between Municipalities and Citizens for Effective Climate Adaptation Pathways: Four Case Studies from The Netherlands

The transition towards nature-based cities has increasingly become a central focus in political–environmental agendas and urban design practices, aiming to enhance climate adaptation, urban biodiversity, spatial equilibrium, and social well-being as part of the ongoing socio-ecological urban transition process. Climate adaptation in cities is a complex problem and one of the main collective challenges for society, but the relationships between city managers and citizens as to urban green care still face many challenges. Parks design guided by technical-expert and globalised criteria; inflexibility from bureaucratic inertia; and citizens’ demands to participate in the urban green transition, sometimes without the necessary knowledge or time, are some of the challenges that require further research. In this study, we examine four long-lasting approaches to green-space management in four cities in the Netherlands, ranging from municipality-driven to community-driven management forms, and encompassing diverse spatial configurations of greenery within the urban fabric. Utilising the theoretical lens of the Social–Ecological Systems Framework, we employ a multiple-case-study approach and ethnographic fieldwork analysis to gain a comprehensive understanding of the norms, collective-choice rules, and social conventions embodied in each urban green management arrangement. The purpose of this research is applied, that is, to provide urban managers and decision-makers with a deeper understanding of drivers to promote effective collaborative management approaches, focusing on specific organisational rules that may contribute to more sustained planning and maintenance pathways for urban green spaces, regardless of changes in political leadership or significant external funding sources. The results of the investigated cases show that long-lasting collaborative management of forests and parks has established a set of collective-choice rules for resource transfer between municipalities and citizens, including non-monetary resources (such as pruning-training courses or guided tours that attract tourists and researchers). Additionally, these arrangements have been favoured by the existence of legal norms that enable co-ownership of the land, and monitoring and sanctioning mechanisms that offer a slightly different interpretation from the evidence identified so far in the scientific literature on collective resource management and organisational studies.

Criminal Offense Against Life Theoretical and Practical Aspects

Criminal offenses against life represent the archetype of criminal offenses which have historically been characterized by the most highest punishment measures. The existence of legal norms which aim to protect life, in another view, oppose the "homo homini lupus" postulate. The reason why legislators, including the Albanians one, give special legal protection to life, focus in the fact that all other rights are its derivatives, in the absence of which they lose to act. However, despite the principle that "it is forbidden to kill" except in cases where there are justifying reasons (necessary protection, extreme need, exercing of a legal duty), the Albanian legislator, through the incriminating norms, has provided specific figures of criminal offenses which the group object of have the same, but due to the special relationship they aim to protect, they are categorized into special forms or special figures of criminal offenses.
 
 Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023

Sharia Banking Rights and Obligations in Implementing Musyarakah Agreements Based on Indonesian Law

Islam brings a view or way of life that regulates all aspects of human life, so there is no single aspect of human life apart from Islamic teachings, both from the legal aspect to the economic aspect. In this modern era, economic activity will not be perfect without the existence of a banking institution, this banking institution is also a must. This agreement gives birth to the engagement so that it can be called a contract. This research uses a type and research approach using normative legal research (normative juridical). Normative legal research is also called doctrinal legal research, where law is conceptualized as what is written in statutory regulations (law in books). Legal research aims to identify and describe the state of something regarding the existence of legal norms and the operation of legal norms in society. Based on the objectives of legal research, the tendency of the nature of the research used is descriptive. Based on Article 4 paragraph (3) letter a of Bank Indonesia Regulation Number 19/4 / PBI / 2017 concerning Sharia Short-Term Liquidity Financing for Sharia Commercial Banks, Financing Assets must meet the requirements, one of which is financing with a mudharabah contract, a musyarakah contract, and / or a contract. ijarah non service. That the rights and obligations (Bank and mudharib), among others, provide capital and work based on the agreement at the time the contract is made, gain profits based on the agreed ratio, bear losses in proportion to the capital, the first party (syarik) is obliged to promise to sell all hishshah gradually and the second party (syarik) is obliged to buy it; and after completion of sales settlement, all LKS hishshah switch to other syarik (customer).

КАНОНІЧНЕ ПРАВО: ХАРАКТЕР СПІВВІДНОШЕННЯ З ДЕРЖАВНИМ І МІЖНАРОДНИМ ПРАВОМ

The article aims to find out what place canon law occupies as a branch of law in interaction with other branches of law – church, international and state ones. It was noted that studies of the legal nature of canonical and ecclesiastical law in Ukrainian science were almost non-existent. And the urgency of this topic is due primarily to the formation of new relations in the church-religious sphere, which will also affect the development of international relations both on an intergovernmental and inter-confessional level.The author applied the logical, historical-comparative and system-structural methods. Due to this, it was possible to find out the historical and theoretical foundations of the formation and existence of legal norms in the conditions of interaction and influence of religious-religious, international and state factors. It is argued that canon law is a separate law and order, which correlates with international law. At the same time, not being a part of this law, it can interact with it. That is why it cannot be argued that canon law is a subjection of international law. Equally contentious is the statement regarding the possible development of canon law. In fact, canon law is the most archaic, persistent and dogmatic in relation to any other field of law.It was analysed a large number of scientific studies of different directions and schools, which led to the conclusion that there is no single understanding of the essence of canon law.

LEGAL FEATURES OF GEOLOGICAL INFORMATION ARRANGEMENT DURING THE ECONOMIC-GEOLOGICAL EVALUATION OF MINERAL RESERVES AND RESOURCES IN UKRAINE

Geologic prospecting works (GPW) as a process of geological subsoil study with the use of a complex of special works and investigations lead to information acquisition on different geological objects, that is a powerful basis for creation of favorable investment development due to the systematized disclosure of information as regards prospective territories for the projects for forecast and search, estimating, prospecting and extracting works. The purpose of work is an analysis of the features of geological information arrangement during the economic-geological evaluation of mi­neral reserves and resources in Ukraine; a characteristic (classification) of types of geological information acquired at different stages of geological and feasibility studies (EGE-3, EGE-2, EGE-1); determination of geolo­gical information reliability and quality according to a stage of works. As a result, all geological works lead to acquisition of information on different geological objects that can be subdivided into two main categories – primary and secondary one. The methods for determination of the cost of geological information by the results obtained at any stage of works on the geological subsoil study have been presented. The cost of geological information is determined in view of the expenses given in the reports on geological subsoil study incurred during the performance of cameral works on a subsoil plot within which the cost of geological information is determined. When regulating the procedure for arrangement (granting in use and sale) of geological subsoil information, it is necessary to take into account legal features of information acquired for public and private funds. Despite the existence of legal norms in the field of subsoil use relating to geological subsoil study, today a stable mechanism of its legal support is under formation in the meanwhile. The legislation regulating the relations in the field of geological subsoil study requires improvement and agreement with other branches of legislation, stable and clear legal definitions and guarantees.

Global Error and Legal Truth

One standard criterion for there being objectivity in an area of discourse is that there is conceptual space between what someone thinks to be the case and what actually is the case. That is, participants can be mistaken. This article explores one aspect of the objectivity debate as regards law: does it make sense to say that all legal officials or practitioners in a jurisdiction are mistaken (over a significant period of time) about some legal proposition? The possibility of legal error is important to discourse within and about the law. In contrast to the views of some American legal realists, it is important to deny that law is only what the officials declare it to be. However, as this article argues, claims of long-term global error in law are more problematic. The truth of legal propositions seems to be a complex function of official actions and the meaning of the terms used in authoritative legal texts. Because of the conventional nature of law, there are problems with claiming global error regarding propositions of (within) law, the existence of legal norms, and structural priorities among types of legal norms. At times, the law may in fact simply be what officials (collectively) say it is, over the long term. However, the article also notes areas where claims of long-term global error are more sustainable: where the law incorporates a term from another discourse, or where the law purports to interpret an authoritative text.

Evaluación de políticas regulatorias: prevención de las lesiones por accidentes de tráfico

Traffic accident injuries may be reduced with public policies. We review regulatory policies extending beyond the health sector by studying the case of traffic accident injuries. They have been the object of other analyses in Spain by both health professionals and professionals from other sectors, but we have not found a previous thorough review including regulatory aspects. We analyze the evolution of fatal victims of traffic accidents as collected by the Dirección General de Tráfico, stratifying for pedestrians, two-wheel vehicle occupants and occupants of other vehicles, and breaking down accidents between those occurring in roads and in urban settings. Despite the increase in exposure factors between 1970 and 2003, we observe a strong impact of regulatory policies in accident mortality. A favorable impact is seen for regulations and enforcement actions on motorcycle helmets, speed limits and the control of alcohol use, and a lower impact for safety belts, perhaps because its actual effective implementation was not equally sharp. The adoption of comprehensive plans or complex legislation packages seems to have had a positive impact, perhaps attributable to its triggering of more effective enforcement of already existing regulations. Although the existence of legal norms is not enough in itself, as its impact is low without active enforcement, compliance improves over time. In any case, the existence of specific initiatives to influence this field is important to obtain the best results of regulatory policies in public health.