Legal Guarantees Research Articles

Signification of Halal Product Assurance Post Law No. 11 of 2020 in Society 5.0 Era

Halal Products Assurance in Indonesia has gone through various phases of changing regulations starting from KMA No. 518 and 519 of 2001 to UU No. 33 of 2014 and updated in UU No. 11 of 2020 about Cipta Kerja. This shows how serious the government is in implementing Halal Product Assurance. However, these changes are an appropriate step in fulfilling public demand regarding Halal Product Assurance. Apart from entering a new era, namely the Society 5.0, where everything will be based on technology. It can be a challenge itself in the process of ensuring Halal Product Assurance. So, this research wants to see a significant change in Halal Product Assurance in the Era of Society 5.0 after Law No. 11 of 2020 concerning Job Creation. This research is the type of library research with the data collection method by analyzing laws and regulations related to halal product guarantees and taking notes and documentation related to legal guarantees for halal products. The results of the study show that there has been a significant change in regulations for filing halal products that are neater and the time efficiency for issuing halal certificates is also much shorter. Apart from that legal certainty and sanctions after the amendment of the article in the cluster of UU Cipta Kerja are getting stronger. Even the entry of the Society 5.0 era has been anticipated by presenting some innovations such as the application based on android name PUSAKA and the application web-based name SIHALAL.
 Keywords: halal, halal certificate, halal product assurance, Society 5.0.

Research on Legal Guarantee in Rural Old-Age Care

Research on Legal Guarantee in Rural Old-Age Care

Struktura i ratio legis retencije u savremenom građanskom pravu

The subject of this work is critical analysis of key segments of the civil law institute of retention, i.e., the right to retain the debtor's property - primarily in positive Serbian law, but also in European regulations with the longest tradition of civil codes. Through the application of various scientific methods, particularly axiological and comparative law, the author analyzes and evaluates the following segments of Ius retentionis: definition, content and effect, forms, conditions for establishment, protection, and termination, with demarcation from related institutes. Commenting on various positive legislative solutions, the author also reflects on: the solutions of two previously drafted drafts that embody potential proposals for future Serbian civil law; as well as the model-rule DCFR, which constitutes part of the "soft" law of the EU, with which the domestic solution is useful to harmonize in the future, with the aim of determining the direction of further development of this institute. By providing explanation of some doctrinal and disputed retention issues (such as: permitted object, scope, legal nature), the author provides an authentic picture of this useful, but controversial institute. The author concludes that retention can be described as unfinished real right sui generis, an atypical legal real guarantee authentically exercised by self-protection technique, whose ratio legis is threefold: social, material and procedural justification. All of this finally outlines the direction of its further affirmation, i.e., the strengthening of retention in all segments of the institute, regarding: effect, content, expansion of the object, simplified conditions for establishment, as well as an increasing number of modalities.

Legal Principles and Guarantees of Realisation of Gender Equality in the Labour and Social Sphere

Legal Principles and Guarantees of Realisation of Gender Equality in the Labour and Social Sphere

Regional operators and holders of special accounts as objects of public control in Russia

This article is devoted to the analysis of the need to organize and implement measures of public control over the activities, acts and decisions of regional operators and owners of special accounts. The paper examines the role and place of the institution of public control in the system of legal guarantees for the implementation and protection of the constitutional principles of democracy and the participation of society in the management of state affairs. The necessity of including the activities, acts and decisions of regional operators and owners of special accounts that carry out work within the framework of the organization and functioning of capital repair funds in the Russian Federation into the objects of public control is substantiated. The article uses a number of methods of scientific research, in particular: analysis; synthesis; formal-logical; classification; comparative-legal; historical-legal; statistical; sociological, etc. The paper formalizes and explores the main problems that hinder the organization and implementation of public control measures in relation to the activities, acts and decisions of regional operators and owners of special accounts, due to the need for further development of legislation regulating both the institution of public control and the organization, as well as the activities of capital repair funds in Russia, regional operators and owners of special accounts. In this regard, the authors have developed and substantiated a system of measures to resolve these problems, including by making appropriate amendments and additions to the Constitution of the Russian Federation, the Housing Code of the Russian Federation, as well as legislation on public control in the Russian Federation.

Конституционно-правовые аспекты защиты прав и свобод человека и гражданина в Республике Казахстан

The study examines the historical development and stages of formation of the institutional framework regulating the provision of rights and freedoms of citizens on the territory of the Republic of Kazakhstan. A critical assessment of the expanding range of citizens' rights to access constitutional review is offered, while emphasizing the expansion of tools vital to the protection of inalienable human rights and freedoms. An assessment is made of the expansion of the rights and freedoms of citizens in the context of the Basic Law, ensuring their compliance with constitutional principles and studying the mechanisms and institutions responsible for ensuring compliance with these constitutional provisions. This is about assessing how these controls function to ensure the protection of the rights and freedoms of citizens within the legal and constitutional structure of the Republic of Kazakhstan. The study also aims to provide a comprehensive analysis of the implementation and practical application of constitutional review mechanisms, highlighting their effectiveness in bringing legal guarantees in accordance with the Constitution of the Republic of Kazakhstan. Methodologically, the study is based on careful observation of the prevailing situation in the field of protection of the rights and freedoms of citizens. Through this analysis, the study concludes with the presentation of pragmatic tools aimed at strengthening protective mechanisms designed to improve the effectiveness of the human rights protection system in the Republic of Kazakhstan. The proposed tools are aimed at strengthening the existing system for protecting the rights and freedoms of citizens, which will significantly increase the effectiveness and inclusiveness of human rights mechanisms, providing a comprehensive and flexible structure within the legal and constitutional paradigms of Kazakhstan.

ՄԱՍՍԱՅԱԿԱՆ ՏԵՂԵԿԱՏՎՈՒԹՅԱՆ ԱԶԱՏՈՒԹՅԱՆ ՍԱՀՄԱՆԱԴՐԱԻՐԱՎԱԿԱՆ ԵՐԱՇԽԻՔՆԵՐԸ ՀԱՅԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅՈՒՆՈՒՄ / CONSTITUTIONAL AND LEGAL GUARANTEES OF FREEDOM OF MASS INFORMATION IN THE REPUBLIC OF ARMENIA

In addition to the Declaration of Human Rights, it is important to implement them; that is, to create favorable conditions for their implementation, to ensure their preservation and protection, and to eliminate the obstacles that prevent people from utilizing their opportunities. In other words, human rights must be guaranteed. The right to freedom of information is one of the fundamental human rights, and in the absence of proper legislative regulation and implementation mechanisms, it will be significantly difficult for a person to realize other rights as well. This article aims to study the constitutional and legal guarantees of mass media freedom in the Republic of Armenia. The study of the legislation regulating the field has revealed that the legislative fixation of the concept of freedom of mass media is one-sided and does not fully reflect the constitutionally justified need to guarantee the balance of the interests of the individual, society, and the state.

Ensuring the right to use the results of scientific progress in the context of the formation of new threats to human security and the problem of the circulation of dual-use technologies

The subject of the study is international legal norms, documents of international organizations, as well as acts of domestic law that establish guarantees for ensuring the human right to use the results of scientific progress, as well as forming international legal mechanisms for the transfer of scientific knowledge and health technologies that can be used for military operations, as well as the implementation of terrorist and other illegal activity. The object of the study is public relations arising from the interaction of various subjects of international relations within the framework of the development of international legal mechanisms, as well as the adoption of documents defining the procedure for access to dual-use healthcare technologies. The purpose of the study is to develop proposals for the formation of international legal mechanisms aimed at ensuring a balance of public law guarantees for the realization of the human right to use the results of scientific progress and priorities in the field of human and state security. The research methodology is based on general scientific methods of cognition, including formal logical and situational, and private legal methods such as comparative legal, historical legal and formal legal. Technological advances are a fundamental condition for ensuring health protection, social assistance, as well as countering natural and intentional emergencies. However, a number of technologies (genomic editing, artificial intelligence, etc.) can be used to carry out acts of terrorism or conduct military activities. The introduction of international legal means aimed at increasing access to scientific knowledge or health technologies can lead to their uncontrolled use, forming a new threat to human and State security. The paper presents an analysis of international legal guarantees of ensuring the human right to health, as well as a systematized list of healthcare technologies with the possibility of dual-use. The article presents a list of international legal means to ensure control over the circulation of dual-use healthcare technologies. The authors have formulated a number of practical recommendations aimed at determining the regulatory content of the right to use the results of scientific progress in the context of modern challenges of technological development.

Legal Guarantee for the Sustainability and Existence of Traditional Religion in Indonesia

The state is a legal relationship between groups of people which is formed because of an agreement to live side by side, which in this legal relationship gives rise to an agreement between the parties who bind themselves, in this case a state is based on or is based on the existence of the law itself which is the foundation. survival of a country. The sustainability of a country is determined by the existence of laws that regulate all aspects of life between members of society, including freedom of religion. Indonesia is a country that has diverse customs, culture and beliefs which basically in Article 29 paragraph (2) of the 1945 Constitution guarantees religious freedom but unfortunately there are only six officially recognized religions in Indonesia including Islam, Christianity and Catholicism. , Hinduism, Buddhism, and Confucianism. In reality, there are various traditional beliefs in Indonesia. If we look at the existence of Article 29 paragraph (2) of the 1945 Constitution, it can be said that religious freedom has not yet been realized, therefore this research is expected to find a solution to how legal efforts can be taken to guarantee the existence and sustainability of traditional religions considering that the rights of religious adherents still exist. unrealized beliefs. This research uses a normative method using a quantitative approach and uses legal materials in the form of secondary legal materials which are legal books and legal journals.

Activities in the field of trade and consumer services as a promising object of public control in Russia: modern problems and ways of improvement (public law analysis)

The article is devoted to the public law analysis of activities in the field of trade and consumer services as a promising object of public control in Russia. The authors explore the role and place of the public control in the system of legal guarantees for the implementation and protection of both the constitutional principles of democracy and the participation of citizens in the management of affairs, the entire system of human and civil rights and freedoms, as well as the rights and legitimate interests of public associations and other non-governmental non-profit organizations. The organization and implementation of public control are associated with numerous problems, one of which is the determination of the optimal list of objects of public control. The purpose of the study is to formalize and analyze the main problems associated with the organization and implementation of public control over activities in the field of trade and consumer services, as well as the development and justification of a system of measures to resolve these problems. A number of scientific research methods are used in the work, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. Among the above-mentioned problems, in particular, the following are investigated: the lack of formalization of this institution of civil society in the Constitution of Russia; unjustified, in the opinion of the authors, the removal from the subject of legislation on public control of activities, acts and decisions of a significant part of legal entities affecting the rights and freedoms of citizens; the lack of real powers for the subjects of public control to control activities in the field of trade and consumer services; insufficient use of positive foreign and Soviet experience in this field in the development of the institute of public control; weak financing of the activities of subjects of public control from budgets of all levels; their lack of practice in applying modern technologies in the field of control over new forms of trade and consumer services (for example, electronic trade in goods, works, services, cryptocurrency turnover, cross-border trade).

학교폭력 피해학생 보호와 가해학생 선도 조치의 현황, 문제점 및 개선방안에 관한 소고

The purpose of this study was to examine the current status and issues of protecting school violence victims, leading measures for perpetrators to prevent school violence recurrence and propose improvement measures. For this purpose, an analysis was conducted based on data related to current legal regulations, the status of the deliberation committee's measures to protect victims and lead perpetrators, and the awareness of the protection and guidance of victims and perpetrators. The results pointed out the weakness of protection measures for student victims, the lack of protection measures for many student victims by the committee, and the fact that protection measures are focused on counseling areas. However, there are not enough counseling institutions for student victims, and the counseling agency does not report or recognize that the student victims received official help. Accordingly, improvement proposals were made, such as legal guarantees for the treatment and recovery of victim students, additional protection measures by the committee, strict intervention in cases of casual and emotional violence, and assistance with school adaptation after the protection measures. More issues were pointed out, such as the regulations for leading measures for perpetrator students, the problems of committee measures with written apologies and special education, and the problem of perpetrators themselves recognizing that they had not received any action. To address these
 issues, improvement measures have been proposed, including supplementing regulations regarding immediate separation from victim students, emergency measures, written apology measures, improvements in special education, and emphasizing the need for apology and responsibility from perpetrators.

Strengthening the Legal Guarantees of Mediation Confidentiality with Contractual Mechanisms

Strengthening the Legal Guarantees of Mediation Confidentiality with Contractual Mechanisms

Corporate Governance of China’s State-Owned Enterprises: A Review of Past Experiences

This study aimed to evaluate the strengths and weaknesses of corporate governance practices in China's state-owned enterprises (SOEs) based on their current state. The researchers selected 20 SOEs and surveyed 40 respondents to assess five key areas: institutional framework, information disclosure, board and supervisory board responsibility and supervision, legal guarantees for stakeholder interests, and strategic management. The findings revealed that while the interviewees generally agreed with the current state of SOE corporate governance, there were areas for improvement in all five assessed areas. Environmental, Social, and Governance (ESG) and sustainability issues were the most concerning for the respondents, whereas shareholder relations were of least concern. Regarding the impact on productivity and profitability, the sample companies exhibited average performance, suggesting room for improvement. The study recommended several optimizations to the corporate governance system, including strengthening the board of directors' authority, establishing information disclosure and stakeholder protection mechanisms, reforming the SOE supervision system, and implementing a mixed ownership structure for SOEs.

Procedural opportunities of the victim in a criminal trial

The scientific study is devoted to clarifying the procedural possibilities of the victim’s participation in an adversarial judicial criminal process, based on which recommendations were developed aimed at improving the tactics of conducting certain procedural actions, as well as the provisions of the criminal procedural legislation, which regulate the procedure for the victim’s participation at the stage of the trial. It is substantiated that legal guarantees of the realization of the procedural rights of the victim at the stage of the trial are aimed at creating certain opportunities for the victim in the examination of evidence, prevention (prevention) of violations by other participants in criminal proceedings, termination of violations of procedural rights and restoration of the violated right. It was determined that the basic legal guarantees of the victim during the trial include the following procedural possibilities: to be informed in advance about the time and place of the trial; submit evidence to the court and participate in their direct examination; to file objections and motions; to ensure safety for oneself, close relatives or members of one’s family, property and housing; give explanations, statements or refuse to give them; to challenge decisions, actions or inaction of authorized persons; support the prosecution in court in case the prosecutor refuses to support the state prosecution; to appeal court decisions in accordance with the procedure provided for by the Code of Criminal Procedure of Ukraine and others. Also, in order to provide additional guarantees for the realization of the rights of the victim in the adversarial criminal process, arguments are given for making relevant changes to the Code of Criminal Procedure of Ukraine in terms of: establishing for the victim the opportunity to be present when the preventive measure is selected, changed or canceled, to provide explanations and evidence to support their position, as well as the right to appeal decisions on the specified issues; indicating that the interrogation of the victim begins with the proposal of the presiding judge to give testimony regarding the criminal proceedings, after which his interrogation is carried out by applying direct and cross-examination.

Assessment of the impact on the environment when performing economic activities as a legal guarantee of the implementation of Constitutional Environmental Rights

The article discusses the issue of environmental impact assessment as a procedure designed to guarantee the constitutional rights of a person to life and to an environment safe for life and health, to ensure the balance of economic and ecological components of sustainable development. The authors briefly analyze the political and legal prerequisites for the introduction of the environmental impact assessment procedure into national legislation in view of Ukraine’s European integration obligations, the main stages of such a procedure and its importance for guaranteeing the realization of the above-mentioned right. Recommendations were formulated for improving the regulatory regulation of the environmental impact assessment procedure in order to increase its effectiveness as a guarantee of the implementation of the specified constitutional human rights.

Research on Legal Guarantee of Red Natural Resources Protection and Development Based on EOD Model

Since the 18th National Congress of the Communist Party of China, the academic circles have paid great attention to related research on red resources. Red resources are not only a witness to revolutionary history, but also a presentation of our values, national identity and cultural self-confidence. As an important part of red resources, red natural resources have some problems in the process of protection, such as ecosystem damage, multi-value unexplored and lack of funds. As an emerging resource protection and development model, the Ecology-Oriented Development (EOD) model, coupled with the protection and development of natural and red natural resources, should be applicable to the protection and development of red natural resources. On this basis, combined with current situation and problems of the protection and development of red natural resources, this paper constructs the legal path of protection and development of red natural resources based on EOD model, including perfecting legal norm system, strict subject access qualification, establishing franchise rights, absorbing the participation of social capital and other paths, so as to provide a better legal solution for China to make good use of red resources and continue the red bloodline.

Guarantees of implementation of the administrative and legal status of the Commissioner for ECHR cases: current state and prospects for development

The article reveals the features of the system of legal guarantees for the implementation of the administrative-legal status of the Commissioner for ECHR affairs. It was established that it is not enough to enshrine the rights and duties of a public servant in national legislation, it is necessary to provide forms (legal procedures) and guarantees of their implementation (legal guarantees). Precisely because of this, when the activity of a subject of public administration or an individual public servant becomes ineffective, the question arises about the guarantees that ensure its activity and contribute to the realization of its legal status. It has been proven that the material guarantees of the realization of the administrative-legal status of the Commissioner for ECHR cases are fixed mainly by the norms of national legislation, while the organizational guarantees - by the norms of European legislation, which is clearly confirmed by the provisions of national and European legislation. It is emphasized that the state «Ukraine» (represented by the Commissioner for ECHR affairs), as a party to the case under consideration at the ECHR, has its own set of legal guarantees that allow protecting the authority of the country as a democratic, legal and social state that resolves all issues based on the priority of human and citizen rights and freedoms. It was concluded that the guarantees of the implementation of the administrative and legal status of the Commissioner for the ECHR are the means of direct implementation of the tasks, functions, rights and duties stipulated by the acts of national and European legislation, which are fixed for the position of the Commissioner for the ECHR. It has been proven that the guarantees of the implementation of the administrative and legal status of the Commissioner for the ECHR include: 1) the norms of administrative law that establish the legal status of the Commissioner for the ECHR, namely, the tasks, functions, rights and duties assigned to this political position ; 2) principles of consideration of the case at the ECtHR; 3) legal institutions of additional legal, social or other assistance and support; 4) forms of procedural activity of the ECtHR; 5) actions of individual participants in the process. It was established that none of the national or European acts analyzed by us provide for coercive measures that would be applied to the Commissioner for ECHR cases as a person who poorly or ineffectively fulfills his official duties. It is proposed to enshrine the grounds of «responsibility» of persons holding political positions in the system of executive authorities in the national legislation.

Legal basis and international standards for ensuring the rights and freedoms of internally displaced persons by local government bodies

The article is devoted to researching the legal foundations and international standards of ensuring the rights and freedoms of internally displaced persons by local self-government bodies. The article draws attention to the fact that the relevance of the study of international legislation regarding the status of internally displaced persons is determined by the degree of analysis of international legal acts related to the protection of internally displaced persons and the procedure for their reception and accommodation by local self-government bodies, as well as the identification of interesting positions on the determination of the status of internally displaced persons persons in some foreign countries with the possibility of their introduction into national legislative practice. It is concluded that due to the rapid spread of forced internal displacement around the world, the million number of internally displaced persons in Ukraine, the need to create a single international document, for example, the UN Convention on the Protection of the Rights and Freedoms of Internally Displaced Persons, is ripe. Attention is drawn to the fact that Ukraine can initiate the creation of such a document, since it is at the center of problems related to mass internal displacement of persons and is actively considering ways to solve them, including the creation of a special legislative framework and the provision of legal and social guarantees. The article emphasizes that in order to effectively solve these issues, it is necessary to hold joint discussions with the participation of international organizations and state authorities, local self-governments and public organizations of Ukraine, which are involved in this process. Decisions related to the improvement of the legal regulation of ensuring the rights and freedoms of internally displaced persons should be made taking into account international standards for the protection of human rights and norms of international humanitarian law, as well as taking into account the national experience and the experience of other countries regarding the activities of local authorities in this sphere.

Definition of the Beginning of Life and Its Legal Significance

The article analyzes the positions of scientists, as well as the current legislation regarding the definition of the beginning of human life in the context of child conception and ensuring the right of human embryo for life. The problem has not only theoretical, but also important practical significance, as the grounds and limits of legal regulation of a number of relations depend on it. The definition of the beginning of life allows for optimal legal regulation, including the provision of legal guarantees to preserve the life of the human embryo. States independently decide on the establishment of prohibition on artificial termination of pregnancy or the time limits after which such a termination is prohibited. Attention is drawn to the development of assisted reproductive technologies, the emergence of the possibility to use cryopreserved embryos, which can be stored for a long time. There is a lack of development of this aspect in science and a small and heterogeneous judicial practice. According to the author, the use of cryopreserved embryos in resolving issues of inheritance of property, as well as after divorce, should be based on a contractual basis. Due to the fact that the legislation allows artificial termination of pregnancy up to a certain period, as well as on medical grounds, the best way to determine the legal capacity of the embryo (foetus) as conditional. Proposals are being made to improve the norms of civil law, including a proposal to call to inheritance for children born as a result of the use of the biomaterial of the testator for in vitro fertilization within six months after testator’s death and born alive after the opening of the inheritance.

Public Opinion Control on Imposition of Environmental Tax

Given the superiority of constitutional rules over other legal rules, it is necessary to have legal means that guarantee respect for the sublime legal rules by the public authorities in the state, especially the legislative authority - as it represents the public that elected it - to prevent their violation, or abuse in using its power. However, these legal guarantees are not sufficient to ensure the application of the rules, and jurists agree that public opinion control or public control is the best guarantee for defending constitutional principles because constitutional principles and rules derive their strength from individuals’ confidence in and abidance by those principles. Therefore, the presence of public control alongside judicial oversight over the principle of the constitutionality of laws is an extremely important issue for enforcing and respecting constitutional rules.