Law Institute Research Articles

Forty Years of Cooperation in South Asia: A Legal Appraisal of the South Asian Association for Regional Cooperation (saarc)

Abstract Last August marked the 40th anniversary of the start of interstate cooperation in South Asia which has been characterised by few lights and many shadows over the years. saarc has not been able to smooth out tensions between its Member States, rather it has fallen victim to them, nor has it contributed realistically to the economic and social development of the region. This paper aims to offer an in-depth analysis of saarc in a legal perspective. In particular, its Charter, its secondary law, and its practice will be investigated through the lens of the theoretical framework of international institutional law in order to ascertain if saarc meets the requirements that are commonly believed to characterise international organizations.

Procedure for licensing medical activities at the present stage: problems and ways to overcome them

BACKGROUND: One of the tools for ensuring the quality of medical care and medical services is licensing procedures for admission to medical activities, which include licensing. Licensing is indicated as a mandatory condition for carrying out medical activities in the list of types of activities for which licenses are required (clause 46 of Article 12 of the Federal Law “On Licensing of Certain Types of Activities”). Since life and health are the most important universal human values and are legally enshrined at the level of the Constitution of the Russian Federation, the study of the healthcare sector, including from the point of view of legal support for procedures for admitting individuals and legal entities to medical activities, is of exceptional scientific and practical interest. It should be noted that the institution of licensing of medical activities is one of the legal institutions that is constantly undergoing legislative changes, which allows us to speak about the relevance and relevance of this issue. Issues of licensing medical activities quite often come to the attention of researchers, however, due to the dynamic changes in the current legislation on the issue under study and the presence of quite extensive judicial practice, they require additional research in order to resolve problematic issues that arise in practice. OBJECTIVE OF THE STUDY: based on an analysis of the regulatory framework for licensing medical activities, to identify problematic procedural issues and determine ways to improve the current legislation regulating the provision of medical care and medical services. MATERIALS AND METHODS: Using the method of expert assessments, an analysis was carried out of the regulatory framework of the Russian Federation regulating legal relations during the procedure for licensing medical activities by organizations of the public and private healthcare system. RESULTS: Licensing as an institution of law is complex in terms of the legal relations it generates, combining at its core the legal norms of two broad branches of law — administrative and civil. At the same time, licensing is a mandatory criterion for the functioning of a medical organization and includes a number of requirements for such organizations. Despite the extensive regulatory framework on the issue under study, licensing requirements contain a number of problematic aspects that create obstacles for licensees and license applicants and require legislative approval. In this regard, the authors have proposed ways to resolve existing contradictions by making specific proposals to change the current legislation. The proposed optimization of the licensing procedure for all participants in this process, as well as minimizing the risks arising from these legal relations, according to the authors, fully meets the objectives of ensuring the rights of citizens to high-quality and safe medical care.

Permafrost degradation is a legal matter

New topical problems of permafrost degradation are identified in the context of a new sphere of legal regulation, primarily in the Arctic countries, with an emphasis on the legal problems of Russia. The object of research in the article consists of various legal consequences of the said phenomenon, manifested on very sensitive ecosystems, human, industrial, transport land spaces, that is, outside the maritime spaces. The study is based primarily on an integrated legal approach and appropriate legal instruments to address the emerging economic and legal consequences of the degradation of permafrost. This approach makes it possible to substantiate the recognition as an independent object of regulation of the phenomenon of permafrost and the need to develop its own legal conceptual framework. This approach is justified at both the national and international levels, as well as in the analysis of specialized and modified law institutions of the Arctic States. The article applies the advantage of the comparative legal method of studying the legislation of the Arctic states, as well as interdisciplinary and intersectoral methods of legal research. As a result, the need for a new independent scientific and applied integrated study of the legal problems of the degradation of permafrost can be considered. One of the conclusions of the work included the need to create international specialized legislation in the form of a model act. Research in the proposed format may determine the structure and content of future international legal regulation and the institutions that support it.

Kriege kommen und gehen, die internationale Gesellschaft ändert sich und Religionen überdauern: Narrative religiöser Akteure zum Ukraine-Krieg

AbstractIn the wake of the Russian invasion of Ukraine, reactions by religious leaders have differed greatly, with the Shia Ayatollah blaming the United States for the war, the Catholic Pope calling the United Nations “impotent,” and the Dalai Lama stating that “war is outdated.” But has there been a change in any of these religious narratives when it comes to war? Does the Ukraine war signify a turning point, or can we observe more of the same? Embedded in an English School framework, this article conducts a narrative analysis to better understand whether and how the primary institutions of war and international law are being (re)interpreted. The article analyses these three religious actors’ narratives on the Ukraine war and compares them to their respective past war narratives. The article examines how these narratives reflect a strengthening and even an expansion or an undermining and thus weakening of international society, with a particular emphasis on the primary institutions of war and international law as well as the secondary institution of the United Nations. The article argues that at least for religious actors in international politics, the Ukraine war does not pose a formative event in global security policy. Instead, these actors may have missed a critical juncture for strengthening or even upholding international law.

Russian Public Assembly Law: Constitutional Evolution 1993–2023

The current Public Assembly Law in the Russian Federation, which regulates the implementation of the constitutional right to freedom of peaceful assembly in Russia, has been developed and formed over the course of the past three decades, following the ratification of the Russian Constitution in 1993. The Public Assembly Law can be described as an important institute of public law as well as a sub-branch of the constitutional law of Russia, which combines constitutional provisions, relevant norms of the federal and regional laws and case law of the Russian Constitutional Court regarding the implementation of the Freedom of Peaceful Assembly. The modern Public Assembly Law has high importance for the development of a democratic society and for the rule of law. The author investigates the constitutional adjudication of the Russian Constitutional Court from 1993–2023, focusing in particular on its eleven judgments concerning the implementation of Article 31 of the Russian Constitution, which defines the constitutional standards of the Freedom of Peaceful Assembly. The author also examines several prominent cases of the Russian Constitutional Court, referred to as decisions with positive content, which are crucial for obtaining a systemic overview of the current problems of the Public Assembly Law in the Russian Federation.

Maritime And Port Wardens – New Institutions In Croatian Maritime Law

Pomorsko dobro ima izuzetnu važnost za Republiku Hrvatsku, i kao dobro izvan pravnog prometa, ne može biti predmet vlasničkopravnih odnosa, iskorištava se, odnosno upotrebljava kroz specifične pomorskopravne institute. Pomorsko dobro je opće dobro od interesa za Republiku Hrvatsku i ima njezinu osobitu zaštitu. Hrvatsko zakonodavstvo cijeneći potrebe razvoja, kao i obveze zaštite pomorskog dobra kao vrijednog prostora konstantno normira pomorskopravne institute u cilju takve zaštite. Po Zakonu o pomorskom dobru i morskim lukama iz 2023. godine uveden je institut pomorskog i lučkog redara na pomorskom dobru, naslanjajući se na odredbe koje reguliraju nadležnost i postupanje komunalnih redara. Zakonodavac je svjestan već i prije, a i stručna javnost je na to upozoravala da mora kroz zakonom propisanu problematiku reda na pomorskom dobru, kroz propisivanje instituta pomorskih i lučkih redara, obuhvatiti sve one životne i gospodarske okolnosti i fenomene, za koje je dosadašnji normativni okvir pokazao manjkavosti ili provedbene nelogičnosti. U ovom radu autor prikazuje bitne novosti u normiranju reda na pomorskom dobru u svrhu bolje učinkovitosti propisa i odgovornosti na pomorskom dobru, kao i analizu ovlasti novog zakonskog instituta pomorskog i lučkog redara. Nadalje, ukazuje na različite detalje u ovlastima pomorskih i lučkih redara, uz moguće potrebe dodatnog pravnog uređenja predmetne materije.

Digital Platforms in the Focus of National Law

The paper contains an overview of the research workshop Digital platforms: new environment for collaboration at the Institute of Legislation and Comparative Law under the Federal Government (ILCL) on 23 April 2024, and findings of the expert survey Digital platforms in the focus of national law. Presentations by participants were systematized by the authors of the overview around the most relevant subjects related to digital platform operations: general issues of digital platform regulation; digital platforms’ impact on human rights; digital platforms in public administration; digital platforms in private law, criminal law and specific branches. The workshop was attended by researchers representing the Institute of Legislation and Comparative Law, Kutafin Moscow State Law University, National Research University–Higher School of Economics, Moscow State University, Russian Academy of National Economy and Public Administration under the President of Russia, Plekhanov Russian University of Economics, Orenburg State University, Siberian Federal University, Gubkin Russian State University of Oil and Gas, Saint Petersburg University of the Interior Ministry, MTS Joint-Stock Company, etc. Legal themes under discussion included the legal nature of digital platforms; digital platforms’ impact on the economy, public administration, human rights and the underlying changes to their amount and content; associated risks; digital platforms and anti-trust regulation; networking effect of digital platforms; labor relations and platform employment; labor right protection and digital platforms; dangers of discrimination related to digital platforms.

Analysis of the problems of psychological training of employees first hired to serve in internal affairs bodies as district police officers (using the example of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia)

Analysis of the problems of psychological training of employees first hired to serve in internal affairs bodies as district police officers (using the example of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia)

Analysis of the problems of psychological training of employees first hired to serve in internal affairs bodies as district police officers (using the example of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia)

Analysis of the problems of psychological training of employees first hired to serve in internal affairs bodies as district police officers (using the example of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia)

Trainin Ilya Pavlovich: in the struggle for the right at the turning of the epochs

The article is devoted to an overview of the life path and scientific heritage of Academician of the USSR Academy of Sciences, member of the Presidium of the USSR Academy of Sciences Ilya P. Trainin. Scientific work of I. P. Trainin combined with organizational, socio-political and pedagogical activities. From 1942 to 1947 he served as Director of the Institute of Law of the USSR Academy of Sciences (in 1931 – Soviet Construction and Law of the Communist Academy; now – Institute of State and Law of the Russian Academy of Sciences). He owns research in the field of International Law, domestic and foreign State Law. The scientist’s scientific works have always covered key and topical problems of legal science and practice: the sphere of national relations, citizenship, issues of sovereignty, federation and autonomy. During the Great Patriotic War, I. P. Trainin wrote a number of works devoted to the mechanism of the fascist dictatorship and the responsibility of Nazi Germany for the atrocities and damage caused by its aggression and military robbery.

The first book about the first director Yu. V. Truntsevsky, L. I. Belyaeva. At the origins of Russian Legal Science (to the 130th anniversary of Evsey G. Shirvindt) / preface by T. Ya. Khabrieva. M.: IZiSP; Publishing house “Jurisprudence”, 2023. – 240 pp.

The peer-reviewed monograph by Y. V. Truntsevsky and L. I. Belyaeva is devoted to the study of the life and work of the outstanding Russian lawyer, scientist and administrator E. G. Shirvindt (1891–1958). The authors focused their attention on his scientific works in the field of penitentiary, criminological and criminal legal science in general, as well as on the practical work of E. G. Shirvindt as the head of the Main Directorate of Places of Detention of the NKVD of the RSFSR (People’s Commissariat of Internal Affairs of Russian Soviet Federative Socialist Republic) and the first director of the State Institute for the Study of Crime and the Criminal – the predecessor of the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The structure of the work is built on the principle of analyzing the “tangle of contradictions” in the history of the formation and development of criminal policy and criminal law science in the first decade of Soviet power, which, at the same time, became the key milestones in the biography of the main character of the book. The authors of the monograph have done an important work in terms of reanimating the scientific heritage of E. G. Shirvindt and rethinking the rich experience of his practical activities to reform the penal system, which makes the book are very relevant in today’s conditions of functioning of the domestic penitentiary department.

Regulatory and legal regulation of financing the activities of forensic institutions in the Russian Federation

The authors of the article, based on a comparative legal analysis of the system of sources of legal regulation of financing of forensic institutions, as well as domestic scientific literature, propose to “transfer: the signs of the system to the concept of a mechanism. Within the framework of the system analysis carried out, the authors of the article proceed from the definition of the system of financial and legal mechanisms for ensuring forensic expert activity as an object of public administration, which is a legal relationship regulated by the norms of law to achieve the set goals and objectives, the use of methods, tools and rules having monetary, organizational, accounting and control content. The article substantiates the need for an integrative approach to the definition of a system of financial and legal mechanisms for ensuring judicial expert activity as a single system subject to legal regulation. The authors propose to define the mechanism of financial support for the activities of a forensic expert institution/organization as a system of education from the norms and institutions of national law contained not only in regulatory legal acts relating to various branches of legislation, but also local acts of state and non-state institutions and organizations; legal and technical documents, among which should be mentioned instructional letters, regulations, methodological recommendations, technical standards, GOST standards, etc., as well as contracts of normative content that ensure international cooperation on forensic activities.

Третьи лица, не заявляющие самостоятельных требований относительно предмета спора по делам об установлении факта, имеющего юридическое значение в арбитражном процессе

Procedure of the Saratov State Law Academy, Legal Practitioner In this article, despite the impossibility of embracing the immensity, several institutions of civil procedural law are identified, which have their own characteristic questionable features of unresolved (we will clarify as we increase): third parties without claims regarding the subject matter of the dispute, special proceedings, arbitration proceedings. The importance of the role of third parties in justice has been given over a different number of times, the practical orientation of resolving indisputable cases puzzles persons in their procedural position of the arbitration court — the applicant and interested persons, or interested entities together with the applicant with the involvement of third parties without claims in the case.

К вопросу о праве дачи заключения по делу органом власти в арбитражном процессе

The conclusion of the authority in the arbitration process is a new institution of arbitration procedural law. The possibility of giving an opinion by an authority in the arbitration process is based on the legal position of the Supreme Court of the Russian Federation. The author examines the institution of opinions through a number of identified inconsistencies, signaling that the issuance of an opinion should be established as a general rule in the arbitration process. This is a discrepancy in the line of correlation with special norms that allow the authority to give an opinion on the case (against the background of the absence of a general norm, the authority gives an opinion in the arbitration process only in cases involving a foreign state); a discrepancy in the line of correlation with the powers of other entities occupying a similar procedural position (the right to give an opinion in the arbitration process was vested with the prosecutor); inconsistency in the line of correlation with the model of regulation of similar relations (giving an opinion is provided for in civil proceedings and in administrative proceedings); inconsistency in the line of completeness of the competence of the authority itself (the authority can initiate the process, but it cannot enter into it to give an opinion); inconsistency in the line of interchangeable forms of participation in the case of bodies used in practice the authorities (the inability to give an opinion entails the involvement of authorities as third parties without independent claims on the subject of the dispute).

Medicolegal assessment of reported female sexual assaults in the Kingdom of Bahrain: record-based descriptive study

BackgroundSexual assault is an important social issue that influences women’s lives. Despite a significant increase in 2018, there is no reliable information available in the Kingdom of Bahrain about female sexual assaults. The aim of this study is to investigate the pattern of reported sexual assaults among living female victims in the Kingdom of Bahrain. All medicolegal reports of sexual assaults in living female victims from 2016 to 2020 were included. Reported cases were studied for sociodemographic data of victims, assailant data, assault circumstances, and medicolegal findings and procedures.ResultsThe prevalence of female sexual assault allegations was 7%. During the studied period, there were 272 cases of sexual assault overall. Most cases were in the age group 18–30 years (41.2%). In 58.1% of assaults, the assailant was the boyfriend or partner of the victim. The medicolegal examination took place within 2 days after assault in only 32%. Forensic examination of sexual assault victims revealed extragenital injuries in only 30.9% of cases. Sexual assaults involving mixed penetration occurred in 66.9% of victims, followed by vaginal penetration (30.1%), then anal penetration (2.9%). The final medicolegal opinion confirmed positive assault in 38.6% of allegations and negative assault in 32.4% of allegations, while allegations that have no firm medicolegal conclusion were 29%.ConclusionsDespite the efforts made in Bahrain, there is an underestimated problem of sexual violence against females which needs a robust multilevel strategy including the roles of education, law, and non-governmental institutions.

“Falsified start” of the Institute of Law and Human Rights

“Falsified start” of the Institute of Law and Human Rights

THE CONCEPT AND CHARACTERISTICS OF SAFETY MEASURES

This article deals with an important category of criminal sanctions: safeguards. The fundamental institution of criminal law, criminal sanctions, are nothing more than the effect of criminal liability, this in turn being the legal consequence of committing the crime. Within the framework of criminal sanctions, an important category is safety measures. The defense of society against crimes could not be effectively ensured if only the application of punishments, however severe they may be, both in duration and in the mode of execution, were used for this purpose. The crime must be examined in relation to the man who committed it, and not isolated as an abstract notion, without any connection to social life, and the criminal treatment to be applied must take into account everything that characterizes the person of the perpetrator as described it shows in the present and how it is shaping up in the future. When an act provided for by the criminal law is committed, the investigations carried out in the respective case sometimes reveal, in addition to the gravity of the respective act, some situations, some realities that reveal a danger for the future in terms of the commission of other crimes. In order to solve these "dangerous situations" safety measures were found as a solution.

Navigating Islamic Investments: The Role of Islamic Financial Literacy, Religiosity, and Motivation using PLS-SEM

Along with the increasing number of investment transactions which continued to soar until the end of 2023, the Islamic Capital Market is additionally playing its role in improving the economy in Indonesia, especially for Muslims who want to carry out investment transactions within the Sharia corridor. This research aims to find out whether Islamic financial literacy, religiosity, and investment motivation significantly influence on investment intention in the Islamic Capital Market with a case study of Muslims in Bogor. The object is chosen Bogor is one of the largest Muslim regions in West Java, as the province itself is the top ten largest Muslim community in Indonesia. The results of research using SEM-PLS (Structural Equation Model Partial Least Square) show that Islamic financial literacy has no significant effect on investment intention in the Sharia Capital Market as the T-Statistic is being rejected (0.524 > 0.05), but religiosity (0.001 < 0.05) and investment motivation (0.000 < 0.05) are proven to have a significant influence on investment motivation in Sharia Capital Market as the T-Statistics are being accepted. However, this study complements previous research differentiating the research scope and summoning some variables that was used in the previous research. Religiosity is measured by the respondent's consideration of Islamic law in investment institutions, while investment motivation means the respondent's desire to fulfill their physiological needs, sense of safety needs, social needs, esteem needs, and self-actualization needs.

The Role of the Supervisory Board in the Development of Sharia Cooperatives in Aceh After the Enactment of the Sharia Financial Institutions Law

The Role of the Supervisory Board in the Development of Sharia Cooperatives in Aceh After the Enactment of the Sharia Financial Institutions Law

Юридический институт Северо-Кавказского федерального университета: из прошлого в будущее

The article is devoted to the history of legal science of the North Caucasus, the formation and development of legal education in the Stavropol Territory. The authors focus on the past and present of the Law Institute of the North Caucasus Federal University, which became the successor to a number of universities that implemented higher education programs in the field of law since the 80s XX century. The personnel potential of the institute is described, professors teaching at the university and their scientific achievements, the civilizational and educational mission of the university to form a civil and professional identity among future lawyers, as well as to strengthen the rule of law, law and order and interethnic harmony in the most difficult macroregion of Russia.