Law Regime Research Articles

Strategic principles of ensuring food security in the conditions of the legal regime of martial state: organizational and legal aspect

The factors, threats and challenges affecting the state of ensuring food security are identified. It was emphasized that Ukraine is the world's granary and a global donor of food. The role and significance of food security as an important component of national security in the conditions of the legal regime of martial law is detailed. The organizational and legal principles and features of the development and functioning of domestic agriculture in the conditions of russian military aggression are summarized. Concepts of state agrarian policy in a special period are defined. The analysis and interpretation of the basic provisions of the Food Security Strategy of Ukraine were carried out. The purpose, tasks and priorities of the Food Security Strategy of Ukraine are detailed. The directions for the formation of the food reserve in the conditions of martial law and directions to overcome the negative consequences for agriculture in connection with climate changes are outlined. The directions of improvement in the field of ensuring food security in the conditions of the legal regime of martial law have been determined.

Combating “transnational” and “ethnic” organized crime in the conditions of the legal regime of martial law in Ukraine

The article examines the peculiarities, dynamics, trends and countermeasures against “transnational” and “ethnic” organized crime in the conditions of the legal regime of martial law in Ukraine.

Scientific approaches to defining the nature of terrorism

The article is devoted to the study of the concept of ‘military terrorism’. The author analyses various approaches to the classification of modern terrorism, including in the context of the legal regime of martial law. The current state of our country is characterised by an increase in the number of terrorist acts on its territory, and this, in turn, is a serious problem and a reason for developing a new conceptual framework and approaches to combating a new type of terrorism. The research paper substantiates various classifications of terrorism and provides a comparative analysis thereof. The article also provides examples of international experience in combating terrorist acts, judicial practice and national legislation. Given the extraordinary diversity, linkage and intertwining of forms of terrorism and new threats, the classification of new types of such criminal phenomena is necessary to ensure the functioning of the national system of counter-terrorism in Ukraine. That is why, first of all, it is necessary to carry out a logical construction of the classification of the conceptual apparatus of terrorism in Ukraine in order to apply various methods of combating it in the future.

The Role of Media in Pakistan’s Political Landscape: A Critical Analysis

This article looks at media's role in the political landscape of Pakistan, and how it has shaped political narratives and governed. It examines the contribution of the media to the strengthening of democracy, with a focus on the electoral processes as well as public accountability, and, equally, the role of the media under martial law regimes where freedom of expression was severely curtailed. The study uses a qualitative and descriptive methodology that reflects historic and current contexts and considers the media as a watchdog, as well as a means to politically manipulate. The focus of this analysis includes both the changing status of the media in Pakistan's multi-faceted political landscape and the impact of democratic development.

Separate aspects of the impact of the russo-ukrainian war on positive legal understanding in Ukraine

Objective. The aim of this study is to analyze certain aspects of the impact of Russia’s war against Ukraine on positive legal understanding in Ukraine and to identify the main trends of this influence. Methodology. The methods used in this research include analysis, comparison, and generalization of the available scientific and theoretical material, as well as the author’s own observations, based on which comprehensive conclusions and recommendations are provided regarding the resolution of the identified issues. Results. An analysis of the impact of the Russo-Ukrainian war on the understanding of positive law is conducted, using the examples of the right to life and the right to freedom of movement. Through comparison, certain differences between the understanding of natural and positive law are identified. The reasons for the transformation in the understanding of certain rights (the right to life and the right to freedom of movement) caused by the war and the legal regime of martial law in Ukraine are substantiated. Scientific novelty. Specific trends (directions) in the impact of Russia’s military aggression against Ukraine on legal understanding from a positivist perspective are identified. Practical significance. The analysis of the war’s impact on the understanding of positive law norms in Ukraine can be used in law-making and law enforcement activities by government bodies in Ukraine, as well as in teaching certain academic disciplines within the “Law” specialty.

Effects of Anisotropic Microstructure and Load Ratio on Fatigue Crack Propagation Rate in Additively Manufactured Ti-6Al-4V Alloy

Additive manufacturing (AM) refers to advanced technologies for building 3D objects by adding material layer upon layer using either electron beam melting (EBM) or selective laser melting. AM allows us to produce lighter and more complex parts. However, various defects are created during the AM process, which severely affect fatigue behavior. In the current research, the effects of the anisotropic microstructure in the in-plane and out-of-plane orientations and defects on the fatigue crack propagation rate (FCPR) and crack path were studied. A resonance machine was used to determine the fatigue crack propagation rate (da/dN vs. ΔK) from the near-threshold up to the final fracture, accompanied by in situ Acoustic Emission (AE) monitoring. Micro-Computerized Tomography (µCT) enabled us to characterize surface and microstructural defects. Metallography was used to determine the microstructure vs. orientations and fractography to classify the fatigue fracture propagation modes. Calculations of the local stress distribution were performed to determine the interactions of the cracks with the defects. In the out-of-plane direction, the material exhibited high fatigue fracture toughness accompanied by a slightly lower fatigue crack propagation rate as compared to in-plane orientations. The near-threshold stress intensity factor was slightly higher in the out-of-plane orientation as compared to that in the in-plane one, accompanied by a lower exponent of the Paris law regime. The threshold decreased with an increasing load ratio as expected for both orientations. The crack propagation direction that crosses the elongated grains plays an important role in increasing fatigue resistance in the out-of-plane direction. In the in-plane directions, the crack propagates parallel to the grain boundary, interacts with more defects and exhibits more brittle striations on the fracture surface, resulting in lower fatigue resistance.

Balancing privacy and public health: The impact of South Africa's cannabis legalization

The Cannabis for Private Purposes Act, enacted in South Africa in 2024, marks a significant shift in national drug policy by legalizing private cannabis use while aiming to balance individual privacy rights with public health and safety. This paper examines the Act’s impacts on socioeconomic dynamics, public health, and crime within South Africa, a context shaped by poverty, inequality, and strained healthcare resources. The study highlights potential economic benefits, such as job creation and formal market opportunities, alongside risks, including increased pressure on mental health services and complex implications for crime and gender-based violence. Drawing from government reports, recent studies, and international case comparisons, the analysis reveals how legalization might reduce the burden on the criminal justice system while also introducing challenges in public safety and healthcare capacity. The findings emphasize the need for robust governance frameworks that prioritize health system preparedness, social protections, and crime prevention. The discussion provides targeted policy recommendations for government agencies, healthcare providers, and law enforcement, addressing the importance of public education, regulatory oversight, and mental health support. This study offers valuable insights into the nuanced consequences of cannabis legalization in an emerging economy, contributing to global discussions on drug policy. By aligning policy with the realities of public health and safety, South Africa can leverage the potential benefits of legalization while mitigating its social costs.

Rights of nature and non-use of nature for environmental protection in Antarctica

ABSTRACT This article examines whether and to what extent a traditional international law regime can step in for the rights of nature, which are not yet recognised at the international level. It proceeds by analysing whether non-use measures in the Antarctic Treaty System (ATS), such as the suspension of fishing within marine protected areas, the moratorium on mining, and the restrictions to entry into Antarctic Specially Protected Areas, reflect the aims and values of the rights of nature and contribute to achieving the content of the rights of nature’s substantive and procedural rights. The focus on non-use measures is important as this is the type of conservation and management measures that, at least on paper, provide the highest possible form of environmental protection; use is prohibited and nature is hence given priority. This article finds that the aims of the non-use measures examined are quite reflective of fundamental elements of the rights of nature, but that ecocentric values are often accompanied by anthropocentric ones, especially in the older instruments. When it comes to substantive rights, while non-use measures adopted under the ATS have the potential to protect elements of nature and ensure that they can continue to exist and fulfil ecological functions, important issues remain, in particular exceptions and the limited material scope of non-use measures. Most problematic are procedural rights. While some noteworthy procedures enable a variety of interests to be represented and some checks and balances exist to promote compliance with obligations, States closely control key decision-making stages. In particular, the adoption of new non-use measures through consensus places the bar very high for their potential expansion. While non-use measures cannot replace the rights of nature, some best practices reflective of more ecocentric values and rights are noted, which could be further developed within the ATS or used in other regimes’ modifications or development.

Women’s representation in higher leadership positions in Ethiopia in the last three decades since 1991

Gender equality in decision-making positions is crucial to achieving the goals of good governance, peace, democracy, and inclusive/sustainable development. The major aim of this research article is to investigate the representation trend of women in higher decision-making positions over the last thirty years, since 1991. The federal three organs of government (law formulating, law enforcing, and law interpreting bodies) were the focus of this research. This research is a mixed type of research that inculcates both qualitative and quantitative data types. Secondary data sources from relevant government institutions were mostly used. The data was analyzed through content analysis of documents and presented via descriptive data presenting techniques. The research findings reveal that although women’s representation in positions of decision-making has advanced considerably in recent years, the empirical data throughout the previous thirty years demonstrated the underrepresentation of women in higher leadership positions within the Ethiopian federal government. Furthermore, Women never held certain higher-level government leadership positions, such as the Prime Minister position, which seems to be forbidden for women. Women made up 23%, 19%, 19%, and 24% of the House of Peoples Representatives (HPR), the House of Federation (HoF), ministerial posts, and judicial bodies, respectively over the last three decades. Women are visibly underrepresented in the executive positions as compared to others. Thus, substantial policy and practical initiatives are needed to remove institutional, social, and economic barriers to boost women’s advanced visibility in senior leadership roles.

Diplomacy and Treaty Governance by Indonesia as Norm-Shaping Practices to Align National Interests of Indonesia

Treaty governance in Indonesia is central to both the promotion of rule of law through diplomacy and the advancement of predictability in international relations, particularly through diplomacy conducted by Indonesia. By integrating domestic treaty governance with international legal standards, Indonesia enhances global legal stability and certainty. This approach highlights Indonesia’s commitment to maintaining legal principles, reinforcing its role as a key player in global diplomacy and international governance. This article hopes to thoroughly research on the practices considered norm-shaping as seen through Indonesia’s diplomacy and treaty governance laws, with a particular focus on the Minister of Foreign Affairs Regulation No. 4 of 2023 on the Governance of International Treaty Documents and other related regulations. In addition, this article seeks to identify the key norms regulating treaty governance in Indonesia as further established through Indonesia’s engagements in the international community. This article argues that treaty governance should not merely be seen as a monitoring mechanism but as a tool for shaping norms, promoting predictability in alignment with Indonesia’s national interests. This article then proposes a takeaway for Indonesia to identify its national laws in order to explicitly locate the treaty governance norms, in which Indonesia’s diplomacy must refer to. This strategic approach allows Indonesia to promote consistency and legal certainty globally while aligning international norms with its domestic priorities.

Crise ecológica e a crise da forma jurídica: o ecossocialismo de Kohei Saito e de Joel Kovel como alternativas políticas

This article aims to analyze the ecological crisis as a legal crisis, seeking solutions in political alternatives in the thinking of Kohei Saito and Joel Kovel. It appears that one of the fields for confronting the ecological crisis is through International Law and national constitutional regimes that recognize the legal subjectivity of nature. However, the impact of adoption through legal forms is small, as there is no break with the capitalist model of commodification of life. Based on this observation, Joel Kovel and Kohei Saito, both from Marxist backgrounds, reveal a political agenda of breaking with the commodity form as the possibility of a way to face the ecological crisis. What was done was a brief literature review on the theme of ecosocialism based on the two authors mentioned, which allows us to reveal the political projects and epistemological issues linked to their thinking. In the end, on the one hand, the limitations of the legal form in the ecological issue and the need to break with the social forms of the capitalist mode of production are presented as part of the solution to the ecological crisis.

MERGER CONTROL REGIME IN MALAYSIA: PAST, PRESENT AND WAY FORWARD

Merger control is one of the main pillars of a competition law regime. Without a merger control provision, a competition authority is unable to prevent a problematic merger that lessens competition in the market from being consummated. Malaysia, having its national cross-sector competition law regime in place only since 2010, has, apart from sectoral regulations, no merger control regime in place. The country has adopted a sectoral approach to merger control, empowering certain regulators to oversee merger activities in a specific market or industry. Since 2020, the Malaysia Competition Commission (MyCC) has been working on the proposed amendments to the Competition Act 2010 (CA 2010), aiming to incorporate a merger control regime as one of its main agendas. The primary objective of this paper is to explore the development of the merger control regime in Malaysia. The main contribution of this paper is the analysis of the merger control regime in the proposed amendment of the CA 2010 and an understanding of the issues and challenges involved in the enforcement of merger control provisions. The research is doctrinal, based on descriptive and analytical methods, and relies on both primary and secondary data. The research is doctrinal, utilising descriptive and analytical methods, and relies on both primary and secondary data. It also incorporates a comparative element by examining experiences from more developed jurisdictions, such as the European Union and the United States, which have extensive experience in enforcing merger control. Conclusions can be drawn from debates in these jurisdictions regarding potential adjustments to their respective merger control regimes.

Labor Law Analysis of the Implementation of Menstrual Leave for Female Workers

Menstruation is a biological function that occurs naturally and is important in contributing to reproduction for all women. Even though it is a reproductive function that is experienced naturally by women, the experience of menstruation can vary, from mild symptoms to severe symptoms. As a result of menstrual symptoms on the first and second day experienced by almost all women, this causes their activities, performance and quality of life to be disrupted. This is a consideration for the Government to implement menstrual leave for companies in Indonesia. Menstrual leave was implemented by the government in labor law No.13 of 2003. The creation of labor law regulations was nothing more than a relief to working conditions for female workers. Although the law recognizes the right to menstrual leave, there are many obstacles to exploiting the right which requires a lot of practical activities and a deep understanding of more real situations or actions.

Ethical and legal problems of organization of psychological help in Russia

The state of psychological health of the population requires immediate solution of ethical, legal and socio-medical problems in terms of organization of psychological assistance in Russia. Preservation and strengthening of psychological health of the population is a top-priority task of modern public policy, it is confirmed by governmental legislation containing such information. Population health in these socio-economic and political conditions is characterized by extreme instability, growth of psychopathies, suicidal and deviant behavior, especially among young people. Postcovid social space is characterized by an increase in depressive states, anxiety disorders associated with prolonged isolation of the population. This is aggravated by a number of social and military-political factors that cause constant stressing of the population up to outright panic and phobias, which pushed a significant part of the population to make rash decisions up to leaving the country and suicide attempts. However, with competently organized and qualitatively conducted psychological assistance it would be quite possible to stop the mass exodus of the population on the background of panic. In this regard, the problem of creating a single governmental law on the organization of psychological help in Russia is the most urgent. Such laws were adopted at the regional level only in Moscow and St. Petersburg, but they were characterized by fragmentation and deficiencies in terms of professional education and training of psychologists. The article considers ways of solving ethical and legal problems related to the creation of a unified federal law on psychological assistance to the population and the development of a professional standard for the training of psychologists, taking into account ethical, legal, educational and personal qualities, with a clear description of the rights and responsibilities of practicing psychologists. The author also considers the necessity and possibility of introducing the position of a staff psychologist in every educational, departmental institution, office, companies, medical and social institutions, including antenatal clinics and hospices. Special attention should be paid to improving the Criminal Code in terms of provisions regulating safe psychological assistance and providing for criminal punishment for damage to the psychological health of the patient when professional knowledge is used for selfish purposes, as well as when people in need of psychological help are attracted to sects under the guise of group psychotherapy. It is also supposed to mandatory certification and registration of practicing psychologists, introduction of certification licensing of psychologists.

Electoral reform in Ukraine: main achievements and impact of the Russian-Ukrainian war

The article is devoted to the electoral reform in Ukraine in the context of European integration processes and the ongoing Russian-Ukrainian war, including after the full-scale invasion. The results of the electoral reform implementation in 2019-2021 are summarised. The author describes the achievements of the 2019 election campaigns in terms of adherence to the principles of transparency, competitiveness, and democracy, as well as recommendations for further improvement of the electoral legislation. The author emphasises the importance of codifying the regulatory framework for elections. It is noted that the adoption of the Electoral Code and its further implementation contributed to the stabilisation and integration ofelectoral legislation. The author identifies the key achievements of the electoral reform: the introduction of a proportional system with open regional party lists, ensuring the voting rights of internally displaced persons, the introduction of gender quotas, and the creation of conditions for voting by people with disabilities. The negative impact of the full-scale Russian aggression on the electoral reform, which largely concerns the system of election organisation, is investigated. The author identifies the factors that complicate the organisation and conduct of elections in wartime: the inability to guarantee the safety of electoral participants, significant financial costs, the difficulty of ensuring proper voting in the face of rocket attacks, etc. The author concludes that it is impossible to hold elections under the legal regime of martial law. The article reveals the content of the new tasks of reforming the electoral system caused by the full-scale war. The author emphasises the need to continue the electoral reform initiated before the full-scale war as a condition for the successful implementation of Ukraine's European integration aspirations.

Analysis of the Impact of Government Governance and Law on the Conceptualization, Creation and Structure of Digital Music from the Perspective of Local Self- Government

Analysis of the Impact of Government Governance and Law on the Conceptualization, Creation and Structure of Digital Music from the Perspective of Local Self- Government

Analysis of Local Governance and Legal Protection of Students' Information Security in the Context of Sustainable Development of Digital Education

Local governments are dealing with student information more and more frequently, resulting in the risk of student information being leaked, so it is necessary to introduce relevant policies, laws and regulations to standardize information collection activities and improve the level of social information governance. Therefore, this study proposes three hypotheses: on the one hand, whether the information policy issued by the local government can guide students' information collection activities, and on the other hand, whether the introduction of local laws and regulations can provide protection for students' information security; Finally, whether public participation can provide supervision for student information collection and governance, and create a good public management environment. The results show that local information laws and regulations can regulate the behavior of students' information collection and clarify the purpose and direction of students' information collection. At the same time, laws and regulations such as privacy protection and local codes of conduct can improve the security of student information and ensure the legal collection of information. The active participation of the public is conducive to the public information collection environment and ensures the overall security of student information. Therefore, local government policies, laws, and regulations can provide assurance and support for students' information security and promote the sustainable development of digital education.

PROTECTION OF SUSTAINABLE AGRICULTURAL LAND AND FOOD (PLP2B) AS AN INDONESIAN STRATEGY FOR SUSTAINABLE DEVELOPMENT GOALS (SDGs): BANYUWANGI AGRARIAN CONFLICT STUDY, INDONESIA

Agrarian conflict is inevitable, considering that Indonesia is known as an agricultural country. One of the agrarian conflicts that takes place continuously is the conflict that occurred in Banyuwangi, namely between PT. Bumi Sari with the Farmers Pillar of Pakel Village. This conflict involves the Company and civil society. The purpose of this study is to analyze the authority of the Banyuwangi local government in realizing the Protection of Agricultural Land and Food (PLP2B) in reducing agrarian conflicts as an effort to create Sustainable Development Goals (SDGs) in Banyuwangi, Indonesia. This study actualizes the juridical normative model with the types of statute approach and conceptual approach. The study consisted of primary data and secondary data. Primary data comprises PLP2B, SPPN, PPA, and Regional Government Law, while secondary data contains various journls and books. Data analysis includes data collection, data reduction, and conclusions drawn. The data analysis of this study uses the theory of autonomy. Concluding uses an inductive pattern (generalization). The study results stated that after enacting the Job Creation Law, which imposed PSN (National Strategic Program), it could precede PLP2B in running a program. The Banyuwangi local government has the authority to ratify the PLP2B Law through the function of regional autonomy as an implication of the concept of decentralization in Indonesia’s government system. The Banyuwangi Regency government should optimize this function to create regulations or programs that have a relationship or correlation with the resolution of agrarian conflicts.

Coming of age: The Evolution of Corporate Governance Laws in Greece

This research examines the evolution of corporate governance laws in Greece from Law 3016/2002 through to the latest Law 4706/2020, as well as the related Decision No. 1/891/30.09.2020 by the Capital Market Commission. It focuses on a detailed review of existing literature to understand the administrative and fiscal impacts of these changes on companies listed on the Athens Stock Exchange. The study highlights a significant shift from the earlier "soft law" approach, which suffered from weak monitoring and enforcement, resulting in a gap between the legislative goals and actual results. Law 4706/2020 introduces a stricter regulatory framework with numerous requirements designed to improve corporate governance structures. Key features of this reform include the creation of new committees overseeing remuneration and compliance, stringent board member qualifications, and a stronger focus on gender diversity and stakeholder engagement. These developments aim to enhance accountability, transparency, and efficiency, essential for effective governance. The research compares old and new legislative frameworks to demonstrate the progress made in aligning Greek corporate governance with international standards. It argues that Law 4706/2020 is a significant advancement in corporate governance, potentially serving as a model for other regions. However, the detailed and strict compliance requirements introduced may challenge implementation and effectiveness. The paper suggests that these legislative changes mark a new chapter in corporate governance that requires diligent, forward-looking, and adaptable management from companies. It also stresses that achieving full compliance with the new regulations requires ongoing commitment to improvement and readiness to handle the complexities of this new regulatory environment.

Globalization effects on the effectiveness of real estate management services

The scientific article is devoted to the study of the impact of globalization on the effectiveness of real estate management services, taking into account the state of war in Ukraine. The article notes the general characteristics of globalization as a phenomenon, as well as the specifics of its impact on the real estate situation in Ukraine. The problems faced by the Ukrainian real estate market are identified, in particular in the conditions of the legal regime of martial law. The problems faced by the Ukrainian real estate market today, as well as the specifics of the negative and positive impact of globalization on the Ukrainian real estate market, are identified. The role of the Ukrainian real estate market in the world and European markets is determined, and the influence of the Ukrainian real estate market on the European real estate market due to the migration of Ukrainian citizens due to military operations in Ukraine is determined. It is determined how globalization processes should be used in Ukraine to stimulate the development of the Ukrainian real estate market and the exit of the Ukrainian real estate market to the European real estate market and the world market. Obstacles and problems that Ukraine faces today in the framework of the development of the Ukrainian real estate market are identified.