Framework Of Law Research Articles

The issue of human rights protection in international and Vietnamese criminal law

Human rights, regarded as fundamental and inalienable entitlements, are delineated and safeguarded through a combination of international legal frameworks and national laws. In this article, we conduct an in-depth analysis of the mechanisms for preserving human rights within both the international legal context and the specific framework of Vietnamese criminal law. We also put forth a set of recommendations designed to augment the effectiveness of human rights protection. In practice, the preservation and realization of human rights can be a complex challenge, and there are instances where these rights may be transgressed within the course of judicial proceedings. To tackle this problem, it is imperative that the provisions pertaining to human rights in both international and Vietnamese criminal law are given the requisite attention and adherence. Moreover, to ensure the comprehensive and effective implementation of human rights protection, it is imperative to establish a clear and robust legal framework. Striking the delicate balance between justice and human rights protection remains an ongoing endeavor, demanding continuous vigilance and adaptability in our legal systems. Ultimately, the harmonious coexistence of legal processes and human rights preservation is essential to fostering a just and equitable society.

Application Of Electronic Evidence As Extension Of Legal Civil Evidence Divorce Cases In Indonesia

Electronic evidence serves as a crucial component in civil trials, such as divorce cases, offering comprehensive proof to sway judges and ensure justice and legal certainty for involved parties. Nonetheless, disagreement persists regarding its classification, whether as supplementary or primary evidence, posing significant questions within formal and material law. This study employs normative juridical legal research, which scrutinizes theories, concepts, legal principles, and statutory regulations pertinent to the subject. Under Article 5(1) of the ITE Law, electronic evidence, including electronic information, documents, and their printouts, is recognized as valid legal evidence, extending the scope of admissible evidence in Indonesia. Formal requirements for electronic evidence, or digital evidence, need not be in written form; printouts are considered presumptive or preliminary evidence. However, material requirements stipulate that digital evidence must guarantee authenticity, integrity, and availability, often necessitating testimony from digital forensic experts. This dual nature of electronic evidence highlights its importance and complexity in contemporary legal proceedings, demanding a nuanced understanding and application within the framework of Indonesian law.

KINETIC MODELS OF CHAOS IN LINEAR CATALYTIC REACTIONS

Chaos (chaotic oscillations, strange attractors) are aperiodic changes in certain parameters of the dynamic system under study, which differ from other types of oscillations (damped, undamped, multi-periodic) by unusually complex, unpredictable dynamic behavior, and can be observed for an arbitrarily long time. From the theory of dynamical systems it follows that chaotic oscillations can be described by nonlinear systems of ordinary differential equations with three or more independent variables. Until now, such differential equations have been used to construct kinetic models within the framework of the ideal law of mass action, describing chaotic oscillations in homogeneous and heterogeneous catalytic reactions. Moreover, these kinetic models describe chaotic oscillations only for reactions occurring according to stage schemes that are nonlinear with respect to intermediate substances. This article explores the possibility of describing chaotic oscillations by linear systems of ordinary differential equations with three independent variables, which, within the framework of the nonideal Marcelin-de Donde kinetic law, correspond to stage schemes linear in intermediate substances. It is shown that in real conditions, when the Marcelin-de Donde law is satisfied, kinetic models of mechanisms linear in intermediate substances make it possible to describe any complex dynamic behavior of catalytic reactions. Four-stage linear schemes in intermediate substances have been established, the kinetic models of which describe chaotic oscillations of the reactions of interaction between nitrogen monoxides and carbon monoxides (2NO + CO → N2O + CO2) and the oxidation of carbon monoxide (2CO + O2 → 2CO2) on platinum catalysts with Marcelin-de Donde kinetics in an isothermal gradientless reactor. For citation: Kol'tsov N.I. Kinetic models of chaos in linear catalytic reactions. ChemChemTech [Izv. Vyssh. Uchebn. Zaved. Khim. Khim. Tekhnol.]. 2024. V. 67. N 5. P. 121-127. DOI: 10.6060/ivkkt.20246705.6956.

Bank Interest in the Contemporary Era: Problem of Ad'afan Muda'afah Interpretation in Determining Law of Usury

Usury in Islam is a prohibited system in the Qur'an and hadith. The system is not recognized in the modern banking system, leading to different opinions among Muslims in determining the legality of bank interest. Therefore, this research aimed to explore the contemporary law of bank interest, focusing on the different opinions among the mufasir on the definition of Ad'afan Muda'afah as a basis for determining the legality of usury. A normative method was adopted, and a literature review of several scholars was conducted on usury law and the interpretation of Ad'afan Muda'afah. The data was analyzed considering the modern banking system within the framework of Islamic law, particularly Maqashid Shari'ah. The results showed that the difference in the illat used for bank interest law varied in legal conclusions. Despite efforts to forbid bank interest, Muslims did not attain a definite solution to avoid this issue. Consequently, bank interest was temporarily sanctioned under certain conditions such as not being compounded, having low interest, and not comprising any form of persecution. To address this problem, Muslims should support the existence of Islamic bank producing muamalah products according to Islamic Sharia.

Creditor Driven Insolvency Resolution Law – A Review of Intent v/s Practice.

Purpose- This paper aims to examine the effectiveness of Insolvency Law in India in addressing cases of corporate distress and enabling them to revive the business through restructuring by passing appropriate resolution as envisaged by the Law. It aims to seek evidence as to whether the ‘creditor driven insolvency resolution’ model has a propensity towards ‘resolution’ or is it driven more towards ‘liquidation’ leading to ‘value erosion.’ Design/Methodology/Approach- The paper is descriptive in nature. The paper studies the practice and impact of the Insolvency and Bankruptcy Code in India. The data reported by Insolvency and Bankruptcy Board of India have been used to examine the Insolvency law in practice. Findings- The author argues that Indian Insolvency Law tends to lean towards ‘Liquidation’ of distressed entity rather than ‘Reorganization’ of the entity against legal wisdom behind insolvency laws to promote revival of the distressed entity. The authors also imprint that increasing instances of withdrawal of admitted cases from IBC is an indicator of distressed entities resorting to informal methods of resolving cases outside IBC. Originality/Value- The paper puts across the dichotomy between ‘intention’ and ‘impact’ of Insolvency law in India. The study highlights deviation of insolvency resolution framework in India from the ‘Evolutionary Theory’ which states that increased dispersion of corporate ownership would lead to increased affinity towards ‘manager driven insolvency regime.’ Practical Implications-This study would be useful to insolvency resolution regulators, insolvency professionals and government to examine the insolvency law framework to improve effectiveness of Insolvency and Bankruptcy Code in practice.

The Evolution of Internet Law in The Digital Age

This paper explores the evolution of internet law in the digital era. With the rapid proliferation of digital technologies, the legal landscape is facing numerous challenges and undergoing significant changes. The paper discusses the origins and development of internet law, the challenges posed by the characteristics of the digital era such as strong fluidity of information and cross-border nature, and the evolution of internet law to adapt to these challenges. It further proposes strategies to cope with these challenges, such as establishing a global framework for internet law and strengthening international legal coordination. The paper also forecasts potential trends in the development of internet law, such as the emergence of laws pertaining to new technologies like artificial intelligence and blockchain, and offers suggestions for future development. It emphasizes the importance of integrating technology and law, and enhancing the adaptability of law to new technologies. The paper concludes by reiterating the importance of internet law in the digital era and summarizing its evolution and potential future directions.

Evolution of Intangible Property to Crypto Assets: Legal Pragmatism in Anglo-American Common Law and Chinese Civil Law

Abstract The emergence of crypto assets, a novel category of assets, has posed significant challenges to property law across various legal systems. The integration of these intangible assets into property law frameworks proves to be complicated for many civil law jurisdictions, which tend to adhere to dogmatic approaches. In contrast, Anglo-American common law and Chinese civil law systems, despite their divergent origins, have exhibited legally pragmatic responses to intangible property, including crypto assets. By examining the development of their property laws concerning property conceptualization and the treatment of emerging intangible assets, this article explores how the historical foundations of Anglo-American common law in feudal tradition and Chinese civil law in communist ideologies have fostered adaptable and flexible notions of property. This adaptability is argued to be a strength within both the Anglo-American common law and Chinese civil law systems, enabling them to accommodate innovative intangible assets more easily compared to their civilian counterparts.

Homemade herbal remedies - tradition with practical relevance

The preparation of homemade herbal remedies has always been practiced by animal keepers and is still employed in farm animals today. In order to document this practice, an ethnoveterinary study was conducted in Bavaria in 2018-2021. The farmers were interviewed on site and the reported recipes were documented in detail and, where possible, also carried out during the interviews. The plant parts used were weighed using a laboratory balance in order to be able to calculate a daily dose per animal or the concentration in the end product for as many of these traditional use reports (UR) as possible. A total of 716 recipes for 884 UR were named in the 77 interviews by the participating farmers. Two thirds (69%) of the formulations mentioned consisted of one or more medicinal plants and 31% dealt with other natural home remedies (honey, vinegar, etc.). Overall, the farmers surveyed preferred the use of single plants in their formulations. Most UR were for cattle (77% of all reports). These traditional remedies are most often used in Bavarian stables for the treatment and prophylaxis of gastrointestinal diseases and metabolic disorders. Furthermore, there was a high correspondence of the medicinal plants used with described UR from two historical reference books. The study participants used their homemade herbal remedies with a high degree of satisfaction and thereby act within the scope of their own responsibility as farmers. This traditional knowledge of herbal preparations containing active ingredients, which has been passed on for generations, may also be a good starting point for a phytotherapeutic supplement in the treatment of farm animals in veterinary practice. Pharmaceutical and feed law framework conditions must be adhered to.

The Impact of Theological Interpretations on Divorces within Muslim Families in Makassar City, Indonesia

In Makassar City, located in South Sulawesi, one of the contributing factors to divorce is the level of theological comprehension or grasp of the teachings of the Islamic faith. Comprehension of the theology can shape perspectives on the duties of the husband and the wife within the marriage institution. This study employs a qualitative-empirical methodology using a theology of law framework. Theology of law is a methodological approach in Islamic studies that focuses on integrating and interconnecting many aspects. The data was gathered through comprehensive interviews and analysis of documents. The informants interviewed were husband and wife who had divorced. The research findings indicate a robust correlation between theology and the Islamic law. An individual with a moderate and contextual theological comprehension will likewise possess a flexible and moderate comprehension of the Islamic legislation. Conversely, an individual with a limited and inflexible comprehension of theology will interpret the Islamic law based on the Qur’an and likely have extremist perspectives. Moreover, the incidence of divorce is a manifestation of Allah SWT's decree or fate. In Jabariyah theology, the acceptance of fate leads to a lack of initiative in pursuing settlement through the established religious courts. These theological reasons are not independent, but rather influenced by economic circumstances and inherited issues that contribute to conflict and discord, ultimately resulting in divorce. From a legal theology standpoint, it is important to highlight that an interpretation of theology that passively submits to and embraces destiny, without making any attempts at reconciliation, leads to divorce, resulting in a failure to effectively apply the Islamic law. According to the Islamic law, a divorce is preceded by a mediation process in a religious court, during which the husband and the wife are given the opportunity to carefully consider all the adverse consequences.

Regulating donation-based crowdfunding platforms in Hong Kong: A trust law framework

With the advance of technology, several crowdfunding platforms have emerged in Hong Kong to host informal public donation appeals. Unlike charitable crowdfunding activities, these appeals focus on crowdfunding to provide relief to specific individuals or groups in need. Due to the recent emergence of online informal public donation appeals and their lack of public benefit, regulatory bodies have not paid much attention to their regulation. However, recent media coverage highlighting scandals of maladministration of donation funds in the context of informal public donation appeals has impelled regulators to establish a systemic framework to govern crowdfunding platforms that host informal public donation appeals. This article addresses two main aspects of this topic. First, it discusses the operation of crowdfunding platforms that host informal public donation appeals and the risks associated with them. Second, it explores the feasibility of utilising trust law to regulate the administration of donation funds by these crowdfunding platforms.

2023년 형법 중요 판례 평석

In 2023, there were fewer en banc decisions compared to 2022. While there were 7 en banc decisions related to criminal law in 2022, with 6 focusing on criminal law issues, the number decreased to 3 in 2023. However, the significance of this change should not be underestimated. Among these cases, a notable en banc decision redefined the meaning of assault and intimidation in the context of forcible molestation, representing an effort to align the legal decisions with contemporary societal trends.
 Additionally, there was a noticeable increase in en banc decisions related to stalking crimes and special criminal laws, shedding light on issues and challenges prevalent in these areas beyond basic criminal law. In the context of criminal law, there were numerous significant rulings pertaining to the co-perpetrators of negligent crimes and infringements on self-defense, specifically addressing the contemporaneity of self-defense (meaning not determined solely based on the formal completion of the criminal act but extending until the situation of harm to one's own or others' legal interests has ceased).
 In 2023, in terms of the legitimate exercise of the state's right to punish, there were many efforts to modify en banc decisions that extended beyond the literal interpretation of the law or to provide clarification on the meaning of legal provisions. While the ideal resolution for legal shortcomings would be through legislative measures, the impracticality of enacting legislation to address every situation necessitates the application of the law through judges' reasonable interpretation. Therefore, the positive aspect lies in not rendering outcome-oriented judgments based on the principle of proportionality. However, it is necessary to consider criticism that calls for clearer and more comprehensible improvements to the Supreme Court's en banc decisions, which currently restrict legal principles through their power of authoritative interpretation.
 Furthermore, it is noteworthy that many elements, which are not explicitly stipulated in the basic criminal law but are present in various special criminal laws, can be evaluated as serious crimes. To enhance the effectiveness of crime regulation and the general preventive impact, systematic legislative adjustments within the criminal law framework for these crime elements are essential.

Значение структурно-функционального анализа для формирования понятийного аппарата права социального обеспечения

The round table conference held on September 20, 2023, by the Center for Labor and Social Security Law of the Lomonosov MSU and dedicated to the problems of the conceptual framework of social security law proved that the issues related to industry-specific concepts are relevant. Such issues include the development of concept definitions and the use of special terminological framework. Opinions of leading law scholars and famous economists studying social security issues that were expressed during the round table meeting will be reflected in further publications. In this article, the author pays attention to the importance of correct and accurate understanding of not only general key and generic concepts of social security law but also the concepts of the very first level of the social security law system: specific pensions, allowances, other security types as these are the elements that develop the initial idea of social security. The concepts are analyzed from the standpoint of systematic nature of the industry and taking into account the rules of the structural and functional analysis.

Оценочные понятия как часть понятийного аппарата права социального обеспечения и их влияние на эффективность норм законодательства о социальном обеспечении

The article analyzes certain evaluative concepts as the most flexible and dynamically developing part of the conceptual framework of social security law to conclude that there is a need to raise the efficiency of contemporary social security law through a detailed study of functions, essence and industryspecific aspects of such concepts and inter-industry links between them.

How to Protect Consumers in the Digital Era: An Example of the Online Choice Architecture

The ongoing process of digitalisation has brought a number of new challenges to the existing regulatory frameworks for consumer protection. One of these major challenges is the phenomenon of the online choice architecture, which is used to push consumers to make specific economic decisions while acting as participants of the digital market. In the majority of cases, such pressures should not be allowed as they rely on consumers’ vulnerability. This paper examines the phenomenon of online choice architecture and the fact that the existing consumer law framework does not provide adequate legal protection to the consumers from online choice architecture, calling for a consumer law reform that would enable better protection of consumers.

The Regulatory Framework on the Legal Duties of the Stakeholders in Commercial Marine Accidents at Saudi Arabia’s Regional Sea

The Kingdom of Saudi Arabia is aiming to diversify sources of income, develop the infrastructure of the maritime sector, and enhance interconnection with all transport sectors in the Kingdom; especially that more than 75% of maritime trade is non-oil; the most recent regulated division between the transportation divisions is the Sea Transportation. Until recently, Saudi Arabia was part of some of the international treaties and conventions that are related to the marine sector, and no local laws and regulations were enforced -except for some provisions which are part of laws and regulations that regulate other matters-. That said, the local maritime laws and regulations in the Kingdom of Saudi Arabia were recently issued, and there is some un-clarity and ambiguity regarding the framework that determines the responsibilities of different stakeholders involved in a commercial accident when such an accident occurs on the regional water of the Kingdom of Saudi Arabia. The issue becomes more important when a ship which is not registered or does not hold the Saudi Flag is involved in such an accident. The ambiguity of the framework makes the application of the law complicated, and accommodates negative impacts related to -without limitation-: the time consumed while removing the accident and its effects, the environmental impact on the sea, and decreasing the cost of removing or resolving such accident. The research aims to study the challenges and gaps related to the legal framework of the maritime law when it comes to accidents of commercial ships at the regional water of the Kingdom and the responsibilities of the stakeholders. The research will use the historical and descriptive-analytical doctrinal research methodology. The researcher will find where there is a room to adapt or amend regulations that might help in resolving, seizing, or covering the current gaps and challenges related to the current regulatory framework of the regional sea of Saudi Arabia attributed to the commercial marine accidents.

The main directions of the study of federalism in the Russian legal science of the 1920s

The subject of the study is the theory of federalism in the Russian legal science of the 1920s. The purpose of the article is to reconstruct the theories of federalism of the 1920s based on the study of a wide array of publications of this period. The research methodology includes the following methods. The chronological method allowed us to distribute legal facts and their interpretations in chronological order. The comparative legal method was used to compare legal phenomena and institutions of different periods. The method of hermeneutics was used in the interpretation of texts.The following scientific results were obtained.The 1920s were a special period in Russian legal science. The ideological demands of the Soviet government formulated an urgent scientific agenda. At the same time, the political regime of this period allowed for relative freedom of scientific activity. The discreteness and continuity in the study of the problems of federalism are noted. In Soviet conditions, the federal theme was of particular relevance because of its practical significance. The development of the theory of federalism was carried out simultaneously with the approval of the Soviet federal state, the legal consolidation of relations between its subjects. The organizational center for the study of the theory and practice of federalism was located in the system of academic scientific institutions.The problems of federalism in the legal perspective were studied within the framework of state law. In addition, they were part of the subject of a new complex industry, which became known as "Soviet construction".Publications of the 1920s reflected the interdisciplinarity of research interpretations. In the comparative legal aspect, the theory of federalism and types of federations were studied. In the political aspect, the features of the Soviet federation, its differences from the federations of the bourgeois type were studied. The practice of Soviet construction was analyzed and generalized from a practical perspective. The key research issue of the 1920s was to determine the legal nature of the Soviet Federation. Definitions of the legal nature of the RSFSR and the USSR were given. An important conclusion was made about the continuity and continuity of the forms of the Soviet federation. Many questions remained debatable. Clarity was not achieved on the following issues: on the composition of the subjects of the RSFSR; on the combination of national and state sovereignty. For the first time, the question of the place and role of the historical Russian center within the USSR was raised. During the period of the 1920s, priorities in the study of the problems of federalism changed. At the beginning of the period, the main attention was paid to the study of the federation as an effective way to solve the national issue. The federal structure was considered a transitional form of the Soviet state. A state built on the principles of proletarian internationalism was declared promising. At the end of the 1920s, the concept of a large unified state was most actively developed. It was proved that within the framework of the USSR, national demands are satisfied and the interests of all nations are respected.

International Legal Framework for Joint Governance of Oceans and Fisheries: Challenges and Prospects in Governing Large Marine Ecosystems (LMEs) under Sustainable Development Goal 14

Sustainable Development Goal 14 (SDG 14) was launched in 2015 to provide an overarching governance framework for long-term sustainable ocean development. This research paper analyzes the extent to which global and regional organizations are coherent with SDG 14 under the existing frameworks of international law. This research paper further assessed Multilateral Environmental Agreements (MEAs) under the framework of the United Nations Convention on Law of the Sea (UNCLOS) and International Environmental Law (IEL) in the context of joint governance of ocean and fisheries as Large Marine Ecosystems (LMEs). According to its objectives, the research indicated that coherence across governing instruments should be increased for the governance of LMEs, leading to the development of a mechanism representing consistency with SDG 14. As a result, a mechanism that demonstrates the coherence of SDG 14 with Agenda—2030 is made, which indicates that, in order to govern fisheries and oceans as LMEs jointly, coherence among governing instruments must be increased. The conclusion followed SDG 14’s recommended actions, which are sly in line with UNCLOS and IEL, although the current initiatives of the regional organizations should be updated.

Mother, father, son and the Italian Law 40/2004. No ‘delete’ key

Assisted reproductive technology (ART) has emerged in recent years as a point of significant innovation in the medical field but is also controversial from a bioethical and legal standpoint. In the Italian context, this matter is regulated by Law 40/2004, which specifically requires that informed consent should be obtained from both members of a couple before proceeding with any ART procedure. This consent is deemed irrevocable at the moment of egg fertilization. Recently, a ruling by the Italian Constitutional Court on this matter elicited controversy. The decision permitted embryo transfer even in a case of parental separation, notwithstanding the father's explicit opposition. The Court emphasized the priority of the woman's psychophysical health over the man's, highlighting the traumatic consequences of interrupting the undertaken path. As a result, both the man's right to self-determination regarding the decision to become a father and the need for informed consent at every stage of medical procedures have been downplayed. Moreover, the extensive utilization of procedures like embryo cryopreservation, with associated parental implications, particularly concerning the time frame and the actuality of informed consent, is posing challenges to the initial application framework of Law 40/2004. The objective of this Commentary is to scrutinize and discuss the issues mentioned above.

The concept of the principles of law in the field of criminal law

The article is dedicated to analyzing the role and position of legal principles within the framework of criminal law. The author emphasizes the importance of researching the principles of law both from a theoretical perspective - aiming to understand the content and directions of the development of criminal law as a branch of law, and from a practical perspective, manifested during the direct application of measures of criminal legal influence on certain subjects of criminal legal relations. Legal principles express the essence and social purpose of law, so it is difficult to overestimate their significance. They reflect the fundamental values and ideals of society at a particular stage of its development. As these values and ideals change, the principles of law also evolve. The relevance of the research topic is driven by the lack of a unified approach among scholars in defining the principles of criminal law, as well as insufficient attention to them from the legislator. The author's goal is to formulate their own definition of the concept of criminal law principles. To achieve this goal, the author examines the fundamental approaches taken by various scholars in defining legal principles as a whole and specifically those in context of criminal law. Emphasizing the diversity of such approaches, the author focuses on defining legal principles within the framework of broad and narrow types of legal understanding. The article highlights key features of criminal law principles that correspond to the specific characteristics of criminal law as a legal field. Trends of incorporating legal principles into legal norms are also analyzed. Furthermore, the article separately explores the issue of incorporating criminal law principles in legal norms. The article is intended for further research in the given field, that hold prospects in the specified thematic area.

Exploring and Proposing Appropriate Provisions Addressing the Mineral Resources Subjects and Governing Entities within the Framework of Gemological Law of Ukraine

Under this study, an interdisciplinary classification is developed concerning the entities of the gemological law. The classification is grounded in a symbiosis of criteria that define the content and scope of responsibilities, type of gemological activity undertaken, and the condition and appearance of a gemological object. The classification holds practical applications in mining, jewelry, business and management. Additionally, it can be employed in academic studies focusing on theoretic advancements in gemology, mineralogy, geology and jurisprudence. Introduction of this classification into the current legislation would enable both the entities of gemological law and law enforcement to integrally understand the spectrum, possibilities, forms and means of fulfilling their interests, along with their interrelations with other stakeholders. This research underscores that the primary criterion for developing an interdisciplinary classification of gemological law subjects is the type of gemological activity. Its symbiosis with other criteria, determining an entity’s responsibilities, as well as the condition and appearance of objects, establishes a practically reasonable and scientifically substantiated approach to the perception and understanding of this branch of gemological law. To propose to classify the entities of gemological law, three criteria may be: 1) content and scope of duties; 2) type of gemological activity; and 3) condition and appearance of a gemological object. It is important to note that this classification cannot and should not have strict limits, as entities of gemological relations exhibit inter-group features that manifest in general, group-classified, and direct levels of connections between administrative, mining, and economic relations. The dynamics within these relations can reflect the development and change of one kind of relation to another, along with the accompanying relations.