Foreign Law Research Articles

Translation in pre-trial phases of the judicial process: developing a norm-based framework to train translators working into Arabic

Abstract The present study examines the implications of judicial translation in the context of international migration and its relationship with the law of the host country. In this context, judicial translation involves highly sensitive documents that can be as varied as family registers and statutory declarations. It also refers to specific legal instances of interaction with judicial authorities in which the observance of certain communication norms is of paramount importance. This is particularly true in the strict setting of a judicial interview. This paper describes how translation is performed in a pre-trial police interview in which the communication of certain basic legal obligations becomes challenging for a migrant person, due to differences in legal backgrounds. In such a situation, the main question is as follows: how can differences in basic legal notions be dealt with in the particularly strict setting of a judicial interview with the assistance of a translator? To answer this question, the study focuses on a threefold challenge for the translator, who must be equipped to handle language, translation and legal/ethical norms. It proposes a translation framework based on these norms and the way in which they are applied in a real interview. It seeks to guide the translation task and serve as a tool for judicial translation training. With regard to the translation norm, the study shows that discursive creation is to be the most relevant technique to represent concepts that do not have counterparts in the target language. Although the foreign element in the new terminology may Ahighlight the boundary between the foreign law and the target legal institution, this technique also leads to the creation of new concepts in the target institution.

Foreign experience of the constitutional and criminal law prohibition of torture

The subject of research in this article is the long-term experience of a number of countries of the modern world summarized by the author in the field of legislative regulation of criminal liability for torture in many of its manifestations. In addition, the relevant international legal provisions, which are the legal basis for combating torture in national legislation, acted as such. In particular, we are talking about the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Since the prohibition of torture is absolute, comprehensive and constitutional, which is reflected in a number of state constitutions, the subject of the study was the norms of the basic laws of a number of countries. The scientific novelty of the work lies in the fact that in the article, based on the analysis of the palette of legal definitions of torture existing in foreign law – from brief, reflecting only its main properties, to detailed, descriptive ones, the author's vision of the grounds for distinguishing between these definitions is determined, heterogeneous approaches to understanding how the object of torture, as well as its subject, to determine the place of this crime in the structure of the Special Part of Criminal Laws.

Interaction of law enforcement bodies of Ukraine in disclosure of offenses and crimes:

The purpose of the research is to study the interaction of law enforcement bodies during the investigation of criminal offenses in accordance with international standards. The main areas of cooperation between law enforcement bodies in different states during the investigation of criminal offenses are highlighted. Recently, taking into account the great public danger of criminal offenses, it is worth noting that they have long acquired a transnational nature, and it is worth focusing special attention on the issue of cooperation between the National Police of Ukraine and international organizations on investigation of this category of criminal offenses. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, as well as methods of analysis and synthesis. Attention is drawn to the issue of cooperation between operational units of the National Police dealing in combating criminal offenses, and to the issue of foreign law enforcement bodies performing operational and investigative activities.

Digital Lending Laws in India and Beyond: Scrutinizing the Regulatory Blind Spot

With the introduction of the digital fintech ecosystem in India, there has been a paradigm shift in traditional banking practices, one of which is the complex and time-consuming lending procedure in India. With the popularization of digital credit, lending has become more accessible to the general public and has catered to the demands of the larger population who could not access this service in the past. Although this is a booming industry with an estimated size of 270 billion dollars in the year 2022 itself, India's regulatory framework cannot keep pace with this sector's growth. It has been a concern for both the industry and the customers. The present paper examines the current regulatory regime governing digital credit in India with a special focus on the RBI Guidelines on Digital Lending, 2022, and provides a comparative analysis of the regime with foreign laws. The paper also provides for the regulatory gap in these laws in India and attempts to provide suggestions to make the law more efficient and effective. The study utilizes a doctrinal research approach, which involves an extensive review of the literature and analysis of the regulatory framework in India and foreign countries and highlights the challenges faced by the digital lending industry of India. Furthermore, this study's findings have significant implications for policymakers, digital lending platforms, and consumers in India.

RESTRUCTURING DOMESTIC SOVEREIGN DEBT: FISCAL SAVINGS AND FINANCIAL STABILITY CONSIDERATIONS

Sovereign domestic debt restructurings (DDRs) have become more common in recent years and touched upon a growing share of total public debt. This, however, should not come as a surprise. While the market for international (i.e., foreign law) sovereign debt securities has a volume of roughly $1 trillion, the total outstanding amount of domestic securities is about 40 times as large. In Emerging markets and developing economies, where debt restructuring is likelier to happen, the share of domestic debt in total debt has risen from 31 to 46 percent from 2000 to 2020. During 1990–2020, there were roughly as many DDRs (30 episodes) as stand-alone external debt restructurings (EDRs) (27 episodes).

The Interpretation of Imperfect Arbitration Agreements: In Search of the Parties’ Intention to Arbitrate

This article aims to review several arbitration agreements governed by Polish law and some arbitration clauses subject to foreign law, which may be considered flawed or imperfect. Furthermore, it will demonstrate how Polish and foreign courts handled these agreements. It is worth noting that the approach of courts to interpreting these agreements may vary from case to case. In some decisions, courts disregard the parties’ intention to arbitrate, prioritizing the jurisdiction of state courts, while in others, they employ a ‘pro-arbitration’ interpretation, thereby closing the door to state courts’ involvement in the case. In summary, our primary focus will be to identify the parties’ intention to engage in arbitration within the various cases we examine.

선박검사에 관한 국내외 법령 비교 및 개선방안 연구

선박의 안전과 해양사고 예방을 위해서는 선박이 안전한 운항을 담보할 수 있어야 한다. 선박은 선박검사를 통하여 안전운항 적부를 논하게 되며, 검사 규 정의 근간은 IMO 국제해사협약과 각 나라의 국내법이 된다. 우리나라 선박안 전 및 검사제도 법령은 일제 강점기를 거친 역사로 인하여 일본의 그것과 매우 흡사하나 잘 사용하지 않는 용어 수정, 제도 보완 등의 과제가 남아 있다. 또한, 우리는 아직도 해외의 선진법제를 도입하고 있는 처지에 있어 해운 선진국의 위치에 있는 미국과 영국의 법제를 연구하는 것은 우리나라 관련 법제를 정비 하는데 큰 도움이 될 것이다. 이러한 이유로 불문법 체계를 가진 미국과 영국 그리고 우리나라와 같이 성문법 체계를 가진 일본의 선박안전 및 검사 법령을 고찰하였다. 미국과 영국은 불문법 체계를 가지나, 성문법 국가인 우리나라에 비하여 뒤 지지 않을 만큼 제정법화 되어 있으며 통합적인 법 체계를 구성하면서도 세분 화된 검사대상을 규정하여 보다 효과적으로 이행하고 있다. 이에 반하여 우리 나라 선박검사 관련 법령은 여러 기술고시에 산재하여 있는 등 상대적으로 복 잡한 구성을 취하고 있어 수범자로 하여금 규범 준수의 어려움이 있다. 따라서, 선박안전법 및 해양환경관리법 하위의 복잡하고 관리가 어려운 기술고시 및 기 준을 간소화하거나 통합하는 것이 필요하다. 일본의 경우, 법령의 명칭과 용어 사용에 있어서 우리와 매우 유사한 체계를 가지고 있어 구조적인 보완점이나 시사점을 도출하기에는 어려운 사실이 있다. 그러나, 선박안전 및 검사제도 법령을 위반할 경우 벌칙이나 과태료 조항을 관 련 법 조문 뒤에 명기하고 있는 형식을 참조하여 선박검사 관계법령에 한해서 라도 법 조문에 대한 시인성과 직관성을 높이는 방안을 고려할 필요가 있다. 선박검사와 관련하여 국제항해에 종사하는 선박은 국제해사협약을 적용하도 록 하고 국내항해에 종사하는 선박은 각 나라의 특징과 실정에 맞도록 국내법 을 제정하여 적용하는 검사규범 이원화를 고려할 필요가 있다. 또한, 획일화된 규정 제정보다는 특별히 안전관리가 필요한 선박별로 규정을 강화하는 검사규 정 집중화도 요구된다.

Prawo właściwe dla zawarcia małżeństwa w polsko-ukraińskiej umowie o pomocy prawnej i stosunkach prawnych w sprawach cywilnych i karnych

The law applicable to marriage between Polish and Ukrainian nationals is set out in the 1993 Convention between the Republic of Poland and Ukraine concerning legal aid. The Convention stipulates that that a marriage can be contracted if the prerequisites provided for in the prospective spouses’ national laws are satisfied - determined separately for each of them. The Convention concerns only marriages between Polish and Ukrainian citizens and does not apply to stateless persons. The form of marriage is governed by the law of the State where the marriage was celebrated. The article discusses some issues concerning the prerequisites and scope of application of these regulations, taking into account the differences between the Polish and Ukrainian family law. These differences concern mainly the form of marriage (Ukrainian law does not provide for a religious form and does not allow the marriage by proxy) and some obstacles to marriage (in Ukrainian law the invalidity of marriage results, inter alia, if the marriage in question constitutes a sham or if there occurred a misrepresentation as to the health of a prospective spouse). The reader’s attention is also drawn to a specific ordre public exception contained in Article 58, paragraph 1 of the Ukrainian Law on Private International Law, according to which a marriage between a Ukrainian national and a foreigner concluded under foreign law outside the territory of Ukraine is valid in Ukraine provided that the Ukrainian national complies with the provisions of the Family Code of Ukraine concerning the grounds invalidating the marriage. However, this provision should not be applied if Polish law applies on the basis of the provisions of the Convention. The paper also touches upon the Ukrainian law to the extent it contains a residual regulation concerning engagement. Under this regulation, the person who refuses to marry despite an earlier engagement must reimburse the other party for the costs incurred in connection with the preparation for the registration of the marriage and the wedding. The study also draws attention to some practical aspects of marriage conclusion - in Poland by a Ukrainian citizen (Ukrainian law does not provide for the possibility of issuing a certificate of capacity to marry) and in Ukraine by a Polish citizen.

Quantum Law: The Beginning

Objective : to formulate the bases for quantum law as the law of the future, based on the study of quantum phenomena and features of quantum technologies determining the risks and challenges associated with the emergence of these technologies, as well as the analysis of legal regulation of quantum technologies in the Russian Federation and abroad. Methods : to carry out this research, the authors applied a complex of general scientific methods of systemic analysis and specific methods of engineering and legal sciences. The use of comparative-legal method allowed revealing the main directions of developing legal regulation of quantum technologies in the Russian and foreign law orders based on the analysis of their international and national regulation. The method of legal modeling allowed forming a concept of quantum law, revealing the main vectors of its development and the complex of its ethical-legal principles. Results : the features and properties of quantum technologies were revealed which can change the development of law with the advent of these technologies; the main risks and challenges were identified which are associated with the development of quantum technologies; the features of quantum technologies regulation in some foreign countries were specified; the trends of developing the quantum technologies regulation in the Russian Federation were identified; the conceptual bases of quantum law were formulated, as well as the vectors of its development. Scientific novelty : for the first time in the legal science, a complex analysis of the current national (both Russian and foreign) regulation of quantum technologies was carried out, based on which an attempt was made to substantiate the need to form quantum law and to outline the main vectors of its development. Practical significance : the research results lay the foundation for forming the concept of quantum law; in this regard, the authors’ conclusions and proposals for improving the current regulation of quantum technologies can be used in law-making and law enforcement in this sphere, and may lay the bases for further research in the sphere of quantum technologies.

Доверительная собственность (траст) в законодательстве, правовой доктрине и судебной практике стран романо-германской правовой семьи

As of today, some civil law jurisdictions have adopted domestic trust legislation acknowledging a trust as a form of ownership. Several civil law jurisdictions have recognised foreign trusts in recent years as a regulatory and tax matter, in order to find and document the offshore assets of their taxpayers and other jurisdictions have adopted the Hague Trust Convention on the Law Applicable to Trusts and on Their Recognition 1985, simplifying the construction and recognition of foreign trusts, because the Convention imports specific conflict of law provisions into the law of the countries that have adopted it. In the other civil law jurisdictions that have not adopted the Trust Convention, the election of law made by the settlor will generally be recognised if their laws authorise an election. Notwithstanding the fact that an election of a foreign law or a foreign forum is made in the trust deed, the court is going to turn to its domestic laws and among other things to its own conflict of law provisions to determine the validity of the election made. The construction and recognition of foreign trusts will rely uniquely on case law in a jurisdiction where there is no conflict of law provisions for trusts. In all civil law jurisdictions transfers in trust are generally void to the extent they deprive an heir of her forced share or a spouse of her share in a community property, if the trust violates rule against perpetuities or any other mandatory provision of domestic legislation. In light of the aforementioned, the aim of the article is to show that сivil law jurisdictions search for new ways to afford the benefit of trusts in a variety of settings.

The Problem of Ensuring Maritime Security in the Asian Region

INTRODUCTION. Modern maritime law is replete with a variety of legal acts of the interstate level, but the problems of ensuring security in this area remain relevant. At the international level, it is very difficult to establish a clear connection between the rules of law and actual legal relations. In order to strive to realize this, it is necessary to constantly analyze the real situation, trying to improve it or put it in order with the help of legal mechanisms, which is what this study is aimed at. This work is devoted to the analysis of relations in the field of merchant shipping from the point of view of ensuring security and stability in order to understand the possibility of improving international legal norms. As a territorial scope, interstate relations of Asian countries, including Russia, were considered as the most promising and interesting region from a scientific point of view, including in the context of increased measures of negative economic pressure on Russia from a number of states in North America and Europe. In the current political and economic conditions, not only the doctrine turns its attention to this direction, positioning the vector of domestic development as Eurasian, and sometimes completely Asian. MATERIALS AND METHODS. To prepare this work, an analysis of international legal acts, law enforcement practice was carried out, and expert assessments were monitored on various issues of ensuring the safety of navigation in the Asian region. The results obtained are based on the consideration of economic, political science, management and other literature in addition to the works of legal scholars. The comparative legal method was used, as well as deduction and synthesis. RESEARCH RESULTS. As a result, it is proposed to consider the possibility of taking additional measures aimed at expanding the functionality of the captain of the vessel to ensure the safety of maritime navigation, including countering illegal actions on board. At the level of the domestic legislation of the Russian Federation and the national legislations of other states of the region, establish clear rules for determining the law applicable on board a ship and extending the jurisdiction of the relevant state to relations arising on a ship. At the same time, the provisions of the domestic legislation of each state must comply with the rules of the United Nations Convention on the Law of the Sea (UNCLOS) of December 10, 1982. Grant broader powers to captains of ships in terms of implementing measures to prevent crimes on board the ship and transfer the person who committed the crime to representatives of foreign law enforcement agencies. DISCUSSION AND CONCLUSIONS. International merchant shipping is a very complex area of public relations with a large number of entities that have different legal status and, accordingly, are related to each other in the most diverse ways. The main threats to the implementation of these activities are piracy, offenses on board a ship in isolation from the mainland, and illegal extraction of biological resources. Fishing by residents of some states in the territorial waters of others is a topical issue. This work is devoted to the study of the main trends in the development of the system for ensuring the safety of international navigation from different points of view. As an object of research, legal relations in the Asian region are taken as the most diverse from social, economic, political and other points of view. Also, the countries of Asia, including Russia, are among the most rapidly developing, which demands new approaches to the relationship between subjects that require their own legal regulation. As a result, separate proposals have been developed, subject to the adoption of which it will be possible to optimize law enforcement practice on ensuring the safety of navigation.

Review of the Book “Drept internațional privat” [Private international law], Author - Dumitrița Florea, Lumen Publishing House, Iasi, 2022

The book by the author Dumitrița Florea reflects the concerns for the regulation of private international law analyzed both through the lens of domestic law and the applicable European regulations in this field. The present paper highlights the study of some aspects related to private law relations with an element of foreignness, the specific sources of international law, the application of foreign law or the legal condition of the foreigner. The private international law relationship differs from the domestic law relationship by the existence of an element of extraneousness, which represents a factual circumstance related to a legal relationship due to which this relationship is related to several legal systems. It follows that the determination of the elements of extraneousness and the effects they produce differ from one legal system to another.

Strict Liability as a Counterbalance to the Principle of Error in Indonesian Criminal Law

This study wants to reveal how the criminal law policy in formulating the principle of strict liability now and in the future. This research is included in the type of normative juridical research. The data collection technique in this research is in the form of literature study. The data obtained were analyzed by analytical descriptive. The results of this study indicate that the current criminal law policy in formulating the principle of strict liability can be found in several Indonesian laws and foreign laws with several formulation models. The strict liability principle in the RKUHP as a counterbalance to the principle of error does not provide more complete arrangements regarding the limits of criminal acts that can be subject to strict liability, besides that there is no regulation regarding defense as one of the characteristics of the formulation of the strict liability principle. The results of the comparative study concluded that the application of the principle of strict liability in the RKUHP requires limits, measures, and defense regarding which actions can be applied with strict liability considering that the principle of strict liability serves as a counterweight to the principle of 'no crime without fault'.

ԴԱՏԱՐԱՆՆԵՐԻ ԿՈՂՄԻՑ ՕՏԱՐԵՐԿՐՅԱ ՕՐԵՆՔԻ ԲՈՎԱՆԴԱԿՈՒԹՅԱՆ ՊԱՐԶԱԲԱՆՄԱՆ ՄԻ ՔԱՆԻ ԳՈՐԾՆԱԿԱՆ ՀԱՐՑԵՐ

When a national conflict of laws rule chooses a foreign law, the court is bound to apply the foreign law. However, the court does not own foreign law, and the state must help the court to clarify the content of foreign law. National civil legislation provides for such mechanisms, but these mechanisms are not enough. A sufficient number of such mechanisms are provided by the European Convention on Information Relating to Foreign Laws of 1968, but the Republic of Armenia has not acceded to the European Convention.

Division of Legal Entities into Commercial and Non-Profit Organizations

In this article, the author analyzed the division of legal entities into commercial and non-commercial, rooted in science and legislation. As a result of the analysis of domestic and foreign experience, it was concluded that Russian law does not actually make a clear separation between commercial and non-profit organizations, while in foreign law only one criterion acts as the basis for division – a ban on profit distribution. In this regard, the author proposes to take into account foreign experience and abolish the restriction on non-commercial activities as a general rule. In addition, the author offers a more thorough analysis of the rules of law, the hypothesis of which, if interpreted literally, is designed to apply to commercial or non-profit organizations. Keywords: legal entity; legal capacity; business activity; profit.

Legal English Teaching and Training of Foreign Law Talents

With the integration of the world economy, the law system of various countries has gradually become internationalized. With the increasing international exchanges, import and export trade and cooperation, China is facing more and more challenges. With the development of society and times, China urgently needs a large number of foreign law professionals in international issues. As law English is a necessary specialized technology for training foreign law talents, people have put forward some demands on its knowledge composition, in order to provide clear solutions for improving law English education, cultivate excellent overseas law professionals, and promote the steady development of international economic integration and the rapid development of China's society and economy.

Research on the System of Foreign Law Identification and Judicial Cooperation in the Chinese Style Foreign Legal System

Research on the System of Foreign Law Identification and Judicial Cooperation in the Chinese Style Foreign Legal System

Coffee, Energy Drinks Consumption and Caffeine Use Disorder Among Law Enforcement College Students in Hungary

Introduction: Caffeine is one of the most popular and consumed substances worldwide. The prevalence of caffeinated beverage consumption stands quite high among young people and in some professions, such as law enforcement. Aims: The aim of our study was to assess the lifetime and daily prevalence of caffeine consumption, the extent of consumption, and the prevalence of caffeine use disorder among law enforcement students. Methods: A cross-sectional, questionnaire-based survey was conducted among Hungarian law enforcement students at the University of Public Service (Hungary) Faculty of Law Enforcement (UPS FLE). The study sample (N = 180) consisted of 57.2% male (n = 103) and 42.8% female (n = 77). The Caffeine Use Disorder Questionnaire (CUDQ) was used to measure caffeine use disorder among law enforcement students. Results: The lifetime prevalence of caffeine consumption is 98.3% (n = 177) among law enforcement students. Two-fifths (n = 72) of law enforcement students are classified as daily consumers. The average caffeine intake of daily consumers was 177.5 mg/day (range: 60–550 mg/day; SD = 89.54). The majority (64.7%; n = 110) of caffeine users had experienced at least one symptom of caffeine use disorder in the past 12 months. Conclusions: This is the first study on caffeine consumption among Hungarian law enforcement students. Previous results suggest that the consumption of a high dose of caffeine could compromise aiming accuracy and shot placement, thereby jeopardizing the health and welfare of law enforcement personnel. Our results may be useful for researchers, Hungarian and foreign law enforcement agencies and law enforcement colleges, and vocational schools as well.

Правовые аспекты современной кибербезопасности и противодействия киберпреступности

The article analyses contemporary legal aspects and current cybersecurity issues, cybercrime features of Rus- sian and foreign law of information and communication technologies. The research methods consist of comparative legal analysis of contemporary Russian and foreign legislation and law enforcement practice, as well as, a formal and logical study of a conceptual apparatus, content and struc- ture of the research object. The study results enable the authors to formulate the awareness of cybercrime legal content, that includes not only offenses committed by using computer technology, but other information and communication equipment and tools, including software either. The rapid spread of cybercrime, the emergence of new forms of organized crime using the global Internet, intended and well-organized cyber attacks on a critical infrastructure of states and private companies indicate the formation of a special area of crime - cybersecurity crime and information technol- ogy, which goes beyond a common insight of crime of information technology and communications. Therefore, the authors came to certain conclusions to conceptualize theoretical and methodological principles, develop the foundations of law and order of cybersecurity, clarify the conceptual apparatus and specifics of legal regulation of cybersecurity in public and private law, as well as the formation of a new line of criminology of cybercrime. The scientific novelty of the study consists of a conceptual justification of a cybercrime countering, as an ele- ment of national cybersecurity, as well as, the substantiation of a specific line of criminology - cybercriminology.

Proving and Averring Foreign Law in Scots Private International Law: a Hindrance to Efficiency in Dealing with Cases Where Scots Law Is not the Applicable Law

Proving and Averring Foreign Law in Scots Private International Law: a Hindrance to Efficiency in Dealing with Cases Where Scots Law Is not the Applicable Law