Law Institute Research Articles

The Release of Convicts from Imprisonment for their Participation in Military Actions

The paper analyzes the problem of discrediting the institution of pardon through the mass release of convicts from criminal liability (from serving a sentence of imprisonment) to participate in military operations and the risks of unfavorable development of the criminal situation created as a result of this practice. There is a need for proper legal regulation of the exemption from criminal liability of persons for their participation in military activities. The point of view is defended that it is more preferable to adjust the provisions of criminal law institutions (postponement of serving a sentence or parole), rather than the constitutional and legal (primarily) institution of pardon. It is indicated that it is possible to reduce the risk of recidivism by fixing some restrictions on the application of the rules on exemption from liability for convicted persons (for example, specifying specific articles, the conviction of which will prevent release, and/or regulating the actual serving of part of the sentence differentially, depending on the category of crime). It is noted that it is necessary to exclude the practice of releasing from punishment persons who have committed the most socially dangerous acts: murders with aggravating circumstances, intentional infliction of serious harm to health, rape or violent acts of a sexual nature (especially against minors), etc. It is recognized impossible to create a legal mechanism that makes it possible, on the one hand, to quickly reinforce the military with persons serving sentences in the form of imprisonment, and on the other hand, to exclude the possibility of their committing crimes both during military operations and after their termination.

Predictions from Regina LaBelle on drug policy under Trump

Regina LaBelle, director of the Center on Addiction and Public Policy at the O'Neill Institute for National and Global Health Law at Georgetown University Law Center, released her predictions on what steps the Trump administration could take. Her report came out November 7, the day after the election. Here is a summary.

Формирование профессионально-важных качеств сотрудников ОВД посредством проектной методики изучения дисциплины «Профессиональная этика и служебный этикет»

The article is devoted to the study of the formation of professionally important qualities (hereinafter referred to as PIC) of students at the Barnaul Law Institute of the Ministry of Internal Affairs of Russia, ensuring their moral and psychological stability (honesty, discipline, responsibility, justice, etc.). An analysis of expert assessments of the formation of professionally important qualities grouped into four clusters "Moral stability", "Sustainability of working capacity", "Self-organization in professional activity", "Extroversion, social activity" was conducted on a representative sample (over 600 respondents). A comparative analysis by forms of study (full-time, part-time, faculty of professional retraining - short-term full-time programs) showed that students of the correspondence form of study included in practical professional activity, assess the formation of "professionally important qualities of students" significantly higher than students of other forms, with the exception of the cluster "Self-organization in professional activity". A comparative analysis of expert assessments of full-time students of the 2nd and 4th years demonstrated positive dynamics in three clusters, proving the overall effectiveness of the educational work of the university. Stagnation of indicators is observed for the factor "sustainability of working capacity". The results of the study formed the basis for developing the content of the course "Professional Ethics and Service Etiquette". The experience of implementing the project method as a technology for developing "professionally important qualities of students" is substantiated and described

Design Development of The Yogyakarta Law Firm Competitive Improvement

In the recent period, the Advocate profession has received very sharp attention from the public, especially those who have experienced cases in court. Often there are cases of an advocate making a mistake in providing legal assistance. This results in a negative assessment from the public. The negative assessment of the public towards advocates will have an impact on the image of the legal institution (law firm) that houses them. Currently, many complain that advocates lack sufficient competence in carrying out their duties. Based on these problems, a question arises how to improve the competence of an advocate. So this study aims to design the concept of a model for improving the competence of advocates along with the variables and indicators that follow. The method used in data collection is a survey method by distributing questionnaires to 101 advocates in various law offices in Yogyakarta. The data obtained were analyzed using Structural Equation Modeling (SEM) through the AMOS 24 application program. The results showed that there was an influence between knowledge and competency (H1), there was an influence between skill and competency (H2), there was an influence between attitude and competency (H3) and there is an influence between motivation and competency (H4). Thus, based on the results of the AMOS analysis, the concept of an advocate competency improvement model was obtained.

Get Peace of Mind with Do-It-Yourself Living Wills: The Digitalisation of Medical-Legal Practice and the New Post-Covid 19 Approach

“The automatisation of the core tasks performed by legal practitioners […] is an ongoing and open-ended process” (Schäfke-Zell & Asmussen, 2019, p. 65). “A host of innovative legal-tech companies have entered the market of legal service providers, presently challenging the lawyers’ monopoly over the practice of the law, and ultimately, altering the mode of production in the legal field” (Caserta, 2020, p. 1). Beginning with these assumptions, this study draws on ongoing research on healthcare powers of attorney, living wills, and advance directives (Giordano, 2019, 2021) and will explore the current radical changes and restructuring of modalities of production in medical-legal documents and in the delivery of legal services. The legal websites in the corpus under investigation provide guidance in creating a personal living will according to well-established legal procedures that are pursuant to the laws and regulations of a particular state or country. Living wills and advance directives are signed documents in which the declarants state whether or not they wish to be kept alive using artificial means in the event a doctor declares their death to be imminent. Doctors and medical practitioners are legally bound to follow these directives. Following the increased digitalization of the legal field, these documents are now frequently drafted and completed online, thus embracing the full potential of the new technologies available today. Both verbal and visual rhetoric (Murray, 2014; Sherwin, Feigenson, & Spiesel, 2005) will be investigated to ascertain whether and to what extent digital transformation is redefining the ways in which this legal service is offered, thus promoting greater understanding and wider knowledge of a controversial issue such as making decisions regarding one’s end of life and the choices available among various life-prolonging measures and treatments. The research aims to determine whether the new digital genres can help translate the specific constraints and demands of legal argumentation into new popular, cultural and technological discourse which better appeals to peoples’ emotions and values. The legal sector’s increasing use of digital forms and templates embellished with visual and multimedia content may at once have a commodifying and democratizing effect. Legal meanings and services in the new legal market (Schäfke-Zell & Asmussen, 2019, p. 66) might be better understood and internalized, thus reinforcing and disseminating the emerging vernacular of digital culture along with law, regulations and legal institutes and instruments, which would otherwise be difficult for a layperson to comprehend or accept (Anesa, 2016; Calsamiglia, 2003; Calsamiglia & van Dijk, 2004). In addition to this process of democratization of new media, the Coronavirus pandemic also contributed to changing people’s approach to life (Garzone, 2023) and to living wills, triggered by an increased sense of precariousness of life and imminence of death. English-speaking countries, in particular, have seen a surge in people updating and altering advance directives as a result of the complications caused by the disease; different steps might be taken now, when current documents may be dangerously inadequate. The best ways to update existing texts to the new post-Covid 19 conditions therefore call for thorough investigation.

Russian philosophy of law and the historical tasks of Russia: to the publication of the monograph of corresponding member of the Russian Academy of Sciences A.N. Savenkov “Philosophy of law and the formation of the Russian state-civilization”

The article is devoted to the publication of a monograph by Corresponding Member of the Russian Academy of Sciences, Director of the Institute of State and Law of the Russian Academy of Sciences A. N. Savenkov “Philosophy of Law and the formation of the Russian state-civilization”. In the Russian scientific literature, this is the first study where an attempt is made to show national legal consciousness (in the form of philosophy of law) and Russian statehood as a single inseparable synthesis, as an organic spiritual and practical integrity. The main feature of the book is the consideration of the Russian Philosophy of Law as a phenomenon of national legal consciousness, as the spiritual core of Russian statehood. The monograph shows a wide panorama of Russian and European history, the struggle and the interaction of ideas, values, concepts and schools. The article reveals the author’s approaches concerning the formation of the ideology of the modern Russian state based on the ideological heritage of the Russian Philosophy of Law.

Zwolnienie od pracy z powodu działania siły wyższej i urlop opiekuńczy z perspektywy prawa socjalnego

The subject of this study is to critically discuss the implementation of Directive 2019/1158 on time off from work and carers’ leave from a social law perspective, taking into account the objectives of the Directive and in the context of the EU’s competences regarding social policy. The starting point will be to outline both institutions in the light of the statements in the labour law literature. Next, the instruments in force in Germany for the protection of informal carers during time off or carer’s leave will be presented. Against this background, it will be possible to discuss the existing de lege lata and postulated de lege ferenda regulations of Polish social law, which—as it seems—could and should serve to protect employees using the newly introduced labour law institutions, so as to achieve the goal of ensuring a balance between the professional and private lives of parents and carers.

Establishment and Development of the Institute for the Protection of Children’s Rights in International Law

In the article, legal aspects of the establishment of the institute of international child protection law are studied by means of a retrospective, inductive and deductive method. A comprehensive study of historical and legal aspects in modern legal science will make a big contribution to the further development of science, filling the gaps in this area. The purpose of the article is to reveal common features and features, characteristic features by revealing its legal status, meaning and essence through the study of legal aspects. To achieve the goal, the task set is to generalize the objective and subjective causal conditions of the establishment of the protection of children's rights and its substantive features. As a result of the article, the characteristic features of the legal aspects of the establishment of the Institute for the Protection of Children's Rights are determined.

RECOVERY OF ASSETS OF SANCTIONED PERSONS TO THE STATE REVENUE AS A SANCTION: LEGAL NATURE

The article investigates the legal nature of the sanction in the form of confiscation of the assets of the sanctioned persons into the state income, as an object of application by the High Anti-Corruption Court. It was established that the current legislation of Ukraine lacks a clear definition of the legal category of “sanctions”, as well as a conceptual justification of its legal nature and a unified approach to its understanding, which necessitates the need, first of all, for their scientific development, which is extremely important in the conditions of the legal regime of military state. It has been established that in scientific legal literature, the legal category “sanction” is studied mainly through the prism of the theory of the structure of legal norms and legal responsibility, as well as certain aspects of its implementation, which is characterized by controversy regarding the compliance with the principle of legal certainty, given the application of one legal category for institutions of law that are different in their legal nature. The expediency of considering the legal nature of sanctions, which is the subject of this study, through the prism of the state sanctions policy, and defining them as national sanctions, with the aim of distinguishing their features and separating them from the legal institution of sanctions developed by the theory and practice of international law, is substantiated. The author’s definition of the legal category “national sanctions” is proposed. The peculiarities of the legal nature of the sanction in the form of confiscation of the assets of the sanctioned persons into the state income, as an object of application by the Supreme Anti-Corruption Court, which is proposed to be defined as a type of national sanctions, applied in a legal action based on a court decision during the period of the legal regime of martial law, are highlighted, and in the cases specified by law, and after its termination or cancellation, to individuals and legal entities whose actions have created a significant threat to the national security, sovereignty or territorial integrity of Ukraine (including through armed aggression or terrorist activity) or contributed to a significant extent (including through financing) the commission of such actions by other persons, including residents within the meaning of the Law of Ukraine “On the Basic Principles of Forcible Expropriation in Ukraine of Objects of Property Rights of the Russian Federation and its Residents” (sanctioned persons), after imposing sanctions on them in the form of freezing of assets in the manner specified by the Law, with the aim of compensation for damages and restoration of violated rights and freedoms, legitimate interests of a person and citizen, society and the state.

Theoretical problems of understanding the essence of administrative prejudice in criminal law

Subject of research: the article considers the issue of the essence of administrative prejudice in the criminal law of Russia and Belarus. Purpose of research: to determine the meaning of administrative prejudice in criminal law and its place in the structure of the corpus delicti of a crime, as well as to correlate administrative prejudice and other institutes of criminal law. Methods and objects of research: in conducting the research the traditional methods of socio-legal and formal-dogmatic analysis were used: documentary, historical-legal, analytical, systematic, logical. Main results of research: the author considers administrative prejudice in the general context of crime and its substantive features, determines the place of administrative prejudice in the structure of the corpus delicti. Separately the question of criteria of criminalization of acts in criminal law, understanding of criminal law in a broad sense, differentiation of crime and offense is revealed. The legal nature of administrative prejudice, its connection with public danger and insignificance of a deed is shown, the main features of acts, which are characterized by signs of administrative prejudice, are disclosed. Special attention in the work is paid to the analysis of subjective signs of administrative prejudice, the establishment of recommendations on the application of the norms of criminal law in this part and qualification of unlawful acts. The basic provisions of the science of criminal law are given and specific measures to improve the current criminal legislation are proposed.

Историко-правовой анализ развития отечественного законодательства о недвижимом имуществе

The article analyzes the formation and development of the institution of property law in Russian civil law, which began with the analysis of the main sources of both pre-revolutionary and Soviet law. The methods of comparative legal and historical-legal analysis were applied in the work to compare the order of legal regulation of relations of the right to immovable property in different historical periods. During the analysis of the emergence of the institution of ownership of real estate at various stages of the country’s development, new approaches to its theoretical understanding have been identified, which confirms the importance of legislative consolidation of this institution. The conducted research allows us to assert that the legislative consolidation of property rights in Russia has passed a long period of development, starting with the awareness of the concept of «property».

Civil liability of the sole executive body of a business company: correlation with labor and tax law institutions

In modern conditions of business turnover, characterized by the desire of business entities to achieve the benefits and goals of social corporate responsibility, the issues of preserving the balance of interests of parties that have a diversified status are of particular relevance. Such subjects include the general director, who is simultaneously a management body, an employee and a taxpayer, being in relations with a business company regulated by both corporate, labor and tax law norms, which allows to qualify his status as a diversified one. The issue of correlation of the norms of three branches of law in relation to the status of the chief executive officer (CEO) through the prism of the institute of civil liability in the form of compensation for losses caused to the company by incentive (bonus) payments to the CEO is considered. The article assesses the law enforcement practice in disputes concerning the recovery of this category of losses from the director, where the courts give priority to the norms of corporate law without taking into account the explanations of the Constitutional Court of the Russian Federation on the unconditional right of an employee to receive bonuses, which are a variable component of salary. The court approaches are analyzed and their justifications are given with regard to the inclusion of the amounts of personal income tax paid by the company to the budget of the Russian Federation into the damages recovered from the CEO. The conclusions are made about the priority importance of labor and tax legislation norms in correlation with corporate law norms when applying the institute of directors’ indemnification for losses. The results of the study can be used for the development by the Supreme Court of the Russian Federation of appropriate explanations to the courts of lower instances on consideration of disputes on the recovery of losses from the sole executive body of a business company.

Supervision of Panglima Laot Lhok in Preventing Illegal Fishing

The Laot Customary Law Institution, led by a Panglima Laot, is a traditional institution that regulates the use and management of coastal and marine resources. This institution is responsible for implementing and supervising customary rules in the maritime sector which have been established and decided through customary deliberations of the sea handlers living in the area. The Aceh Sea area has many natural marine resources, both biological and non-natural, which makes it prone to illegal fishing. In addition, the Panglima Laot regulations state that fishermen are prohibited from bombing, poisoning, anesthetizing, electrifying, harvesting coral reefs, and other actions that could damage habitats and other biota. This research aims to analyze and study in depth the supervision of Panglima Laot Lhok in preventing illegal fishing. Primary and secondary data are the data sources used in the descriptive qualitative method. The research uses data obtained through interviews, observation, and documentation. Based on the results of research and findings in the field, the conclusion is that Panglima Laot Lhok always carries out supervision in preventing illegal fishing, either directly by Panglima Laot Lhok or by coordinating with fishermen who are at sea, however, the very large sea factor means that supervision does not occur properly and thoroughly, and sometimes illegal fishing occurs. Keywords: supervision, panglima laot lhok, illegal fishing

Конструирование модели эволюции права как социокультурного феномена на материале средневековой Испании в контексте применения антропологического методологического подхода в правовой науке

Purpose. The author aims to create a model of the evolution of law as a Western European socio-cultural phenomenon based on materials of medieval Spain, where the formation and fundamental transformation of law occurred. The peculiarity of this model lies in the fact that the content component predominates over the chronological one. Methodology: to achieve this goal, the author uses the method of legal modeling within the framework of the anthropological methodological approach, which is considered to be one of the most promising in modern science. This approach allows for taking into account the features of human consciousness that creates, re-creates, and deconstructs socio-cultural phenomena, that exist both subjectively and objectively. Conclusions: In modern legal theory, there are two contradictory concepts. On the one hand, there is logocentrism, which represents rationalism as a foundation of the theory of knowledge. On the other hand, there is the idea that social reality contains an irrational element. This new perspective challenges the assumption that knowledge can fully reflect reality.This approach allowed us to create a model of the development of law in the context of Western European legal civilization, considering its socio-cultural aspect. The article demonstrates that the study of Law in higher educational institutions is based on an understanding that it is both universal, due to the unified psychophysiological nature of human consciousness, and individual, determined by cultural and civilizational characteristics. Scientific and practical relevance. The theoretical significance of the results is based on the possibility of applying the model developed in this study to other states, both within the Romano-Germanic legal family and in other regions. This approach allows for taking into account cultural differences while maintaining the universality of the model. The practical significance of this study lies in its potential to contribute to legal education by providing students with a deeper understanding of the evolution of normative systems and the factors that influence these changes. This knowledge could then be applied in various contexts, such as law schools and professional training programs to enhance the understanding and application of legal principles.

Counter-sanctions regulation: comparative legal analysis (Russia and China)

A new legal regulation is being formed in the Russian Federation related to unprecedented anti-Russian sanctions. International sanctions against Russia not only became an impetus for the development of legal institutions of Russian law, but also forced to turn to foreign anti-sanctions experience of such regulation. Under these conditions, a new legal institution of Russian law is being formed – the institute of counter-sanctions (sanctions) regulation. This process is taking place against the background of growing ties between Russia and China. At the same time, in both countries, counter-sanctions regulation is at the stage of formation. In this regard, it is relevant to conduct a comparative legal analysis, identify common and different characteristics of legislation, which will allow us to form proposals for improving Chinese and Russian counter-sanctions regulation. The author applies both philosophical and general scientific methods of cognition (analysis and synthesis, induction and deduction, critical and dialectical methods) and methods specific directly to legal science (structural-logical, formal-legal, comparative-legal). The key difference between the Chinese approach to the formation of a counter-sanctions system is its focus on prohibiting compliance with the sanctions of foreign states. There is no such prohibition in Russian regulation (but several similar bills have been submitted to the legislature for consideration) and the legislative emphasis is on protecting the country and individuals from unfriendly actions of foreign states. Although the Chinese counter-sanctions regulation differs from the Russian one, it has a number of common features with it. Also, Russian regulation is more advanced and transparent in terms of mechanisms for the introduction and control of counter-sanctions. The undeniable advantage of Russian counter-sanctions regulation is undoubtedly its official consolidation within the framework of the legal system, while in China a significant part of the sanctions are outside the official legal regulation and are located in the plane of political decisions on the country's trade policy.

The impact of artificial intelligence on labor relations

With the rapid development of technologies, particularly artificial intelligence, which poses a threat to all humanity, questions arise regarding its boundaries and its perspective on labor relations. Given the breadth of its impact, the potential influence on labor relations is unknown. The scope of labor law issues that this phenomenon brings is multifaceted and remains an enigma in our labor law area, and the legislator in the Republic of Serbia has not prepared a response in line with European trends. The potential impact on labor relations, and later through some basic labor law procedures that ac-company labor relations, has given the impression in the professional public of undermining employees and eroding their fundamental rights (individual and collective). Artificial intelligence accumulates its full impact on labor relations at the expense of the quality of labor relations. Many world economies rely on and see the benefits of the market offered by artificial intelligence. The rights derived from labor relations in the future will be subject to revision and reconsideration. Individual and collective labor law, the result of centuries of struggle by humanity, will be tested for maturity and adaptability in the 21st century. The authors aim to elucidate the impact of artificial intelligence and how it affects labor relations in the 21st century, as well as to identify the elements–institutes of labor law most affected by this “tool” or “weapon,” as some experts call it.

Social intelligence of cadets of the security and defence sector higher education institutions who receive higher education in the specialities of “Law” and “Psychology”

The article emphasises that for the actors of the security and defence sector, solving various communication situations is a constant and important task which can become difficult to perform if the social intelligence abilities are not sufficiently developed. A comparative analysis of the peculiarities of social intelligence abilities of higher education students of higher education institutions of the security and defence sector, who study in the specialities of “Law” and “Psychology”, was carried out. It is emphasized that the specificity of the social situation of the study participants' intellectual abilities development is due to certain features: lockdowns and quarantines of 2020–2021 with the vast majority of distance education, which were caused by the spread of the COVID-19 virus infection; martial law, which has been in force since February 2022. The senior students of Kharkiv National University of Internal Affairs and the Military Law Institute of Yaroslav Mudryi National Law University took part in the study. The empirical data were obtained using J. Guilford’s psychodiagnostic methodology for studying social intelligence. It has been found that the general level of social intelligence of most of the surveyed cadets corresponded to the average level. It has been shown that the general level of social intelligence of the cadets studying “Psychology” was higher than that of the cadets studying “Law”. It has been revealed that the differences in the level of social intelligence of the surveyed groups of cadets were due to a statistically significantly higher level of development of the ability to predict the consequences of the behaviour of others in typical conditions among cadets studying “Psychology” and a more developed ability to understand the logic of interaction situations and the significance of people's behaviour in these situations. It has been established that the most developed ability of social intelligence of the study participants studying in the speciality “Law” was the ability to understand the change in the meaning of similar verbal reactions of a person depending on the context of the situation that caused them. It has been argued that the specific social conditions of personality formation of higher education students in recent years have not significantly affected the level of development of their social intelligence abilities. The main directions of development of social intelligence abilities of cadets studying in different specialities are presented.

Феномен рефлексии профессионального опыта курсантов образовательных организаций Министерства внутренних дел Российской Федерации на этапах практик

Introduction. The reflexive aspect (associated with the self-awareness of the personality as a developing «I-concept») is a system-forming factor that ensures optimal interaction of all acmeological aspects of human professionalisation: educational, professional and creative2. In this regard, the study of the phenomenon of reflection on the professional experience of students of educational organisations of the Ministry of Internal Affairs of Russia is of particular relevance. This article reveals the essence and significance of reflection at the stages of students’ practice, suggests the introduction of a reflective map of their readiness for practice, and provides recommendations for the development of reflection. Research methods: theoretical (analysis and generalisation of philosophical, theoretical-methodological and psychological-pedagogical research, content analys is of curricula and programs, methodological complexes of practice), empirical (observation, survey, questionnaire, self-assessment method) and statistical methods (qualitative and quantitative analysis of results). The methods of A.V. Karpov and V. V. Ponomareva and the Student’s T-test were used as the main methods. Based on the analysis of the obtained data on the level of reflexivity among students of the 3rd-5th courses of V.Ya. Kikot’ Moscow University of the Ministry of Internal Affairs of Russia and Lukyanov Oryol Law Institute of the Ministry of the Interior of Russia, a low level of reflexivity was revealed in 25.1% of 3rd-year respondents, an average level of reflexivity was revealed in 60.5%, a high level of reflexivity was in 14.4% of respondents. Comparing the dynamics of reflexivity in the example of the 4th and 5th -year students, we can see a natural positive dynamic. In an additional study, the respondents of which were the same 4th -year students, a reflective map of readiness for practical training was proposed. After completing the internship, the students prepared reflective reports, the results were discussed at the subject-methodical section of the department, and appropriate recommendations were given to each of them. In this sample of respondents, the low level of reflexivity has been leveled, in addition, the average and high levels have increased significantly. Results. The introduction of a reflective readiness map for a trainee student and a more thorough reflexive analysis at all stages of practice significantly increase reflexivity indicators and can be proposed for implementation in the practical training of future law enforcement officers.

The germs of environmental protection in Roman law

AbstractMost legal institutions of modern civil law have their origins, at least in principle, in Roman law. This can also be seen in cases and legal reasoning related to the environment since certain rudiments or precursors of modern environmental law can be found in the writings of classical Roman jurists. Nevertheless, it would be an overstatement to speak of Roman environmental law. The focus of Roman classical jurists was on the protection of concrete property rights, mainly in neighborhood contexts. Only a few cases show that the underlying motive of legal argument was the protection of public interest, which brings these cases closer to the idea of modern environmental law.

TRANSACTION AS A SPECIAL TYPE OF LEGAL ACTION

The article analyzes the issues of the application of the civil law institute of damages to the relations of social security law. Based on the study of law enforcement practice and the works of legal scholars, the author identified two of the most fundamental problematic issues - determining the legal nature of losses in social security relations and the possibility of their retrospective recovery. It is noted that the nature of the institution of damages leans towards private law, but in public law it is necessary to provide a similar mechanism, where possible.