Law Institute Research Articles

The Legal Consequences of Failure to Provide Information at the Request of the Antimonopoly Authority in the Investigation of Anti-Competitive Agreements

The legal consequences of failure to provide information at the request of the antimonopoly authority during the investigation of anti-competitive agreements are considered based on the analysis of the competition and related legislation and relevant law enforcement practice.The law institute of obligation to provide information and administrative liability for failure to provide the requested information are considered.According to the results, it seems advisable to consider the issue of the legislative establishment of the administrative-legal norm on liability for repeated intentional failure to provide information to the antimonopoly authority

Failure to take measures to prevent and resolve conflicts of interest: labor law issues

The subject of the study is the failure to take measures to prevent and resolve conflicts of interest. Failure to take measures is considered as an element of the objective side of disciplinary misconduct in labor relations, the composition of which is defined in paragraph 7.1. part 1 of Article 81 of the Labor Code of the Russian Federation, along with such elements as "conflict of interest" and "loss of trust". The types of measures are studied, the collision of their anti-corruption and labor-law nature; the subject of taking measures; the possibility of choosing a measure by an employee and an employer; the legal consequences of non-acceptance; the head as a subject of responsibility in case of non-acceptance of measures; the obligation to notify about a conflict of interests; the content of the concepts of "prevention" and "settlement". The object of the study is labor relations in terms of disciplinary responsibility for corruption offenses and related official legal relations. The author uses the general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, systemic-structural, formal-logical (deduction, induction, definition and division of concepts) and others. The article discusses the following problematic issues: 1) the ratio of measures provided for by anti-corruption legislation with labor law institutions, in particular, transfer to another job and suspension from work; 2) the possibility of abuse of the right by the employer and violation of the rights of the employee when taking measures; 3) the situation of legal deadlock when it is impossible to take measures; 4) unjustified inconsistency of legal regulation of measures in labor and official legal relations. The article draws conclusions about the illegality of dismissal only for failure to inform about a conflict of interest; about the priority of the employee's right to choose a measure to avoid abuse of the right by the employer; about the unification of legal regulation of suspension from work for the period of investigation of corruption misconduct or dismissal of the head for failure to take measures in labor and official relations; about ways out of the "legal impasse" if it is impossible to resolve a conflict of interest, in particular, a separate basis for termination of an employment contract due to circumstances beyond the control of the parties, or permission to act in a conflict of interest with little benefit.

Article: An Institutional Law Analysis of the European Commission’s EU Space Law Proposal

Article: An Institutional Law Analysis of the European Commission’s EU Space Law Proposal

The Importance of Institutional Arrangement to Safeguard Maritime Security and Safety in Indonesia: The Case of Marine Security and Safety Agency

Introduction: Multiple agencies approach has been adopted by the Indonesian government to ensure maritime security and safety. The involvement of multiple actors potentially leads to overlapping authorities and an uncoordinated operation. For stakeholders at sea, such approach is inefficient, ineffective and creates confusion. The situation needs to be addressed to make more a coordinated, efficient, and effective method. This paper tries to address such an issue through institutional law lens.Purposes of the Research: This paper aims to answer three important questions (1) How is the enforcement of security and safety at sea so far? (2) What are the implications as the many institutions involved in the enforcement of safety and security at sea? and (3) What kind of institutional arrangements to be made in the future so that law enforcement at sea becomes effective and efficient?.Methods of the Research: This study utilizes a normative legal approach. It exercises legal doctrines, relevant laws and regulations. It is also suplemented by relevant literatures, books, journals, and media coverages.Results of the Research: This paper finds that the enforcement of security and safety at sea adopts multi agencies where many institutions involved in maintaining security and safety at sea. The fact that multiple institutions simultaniously participate in law enforcement at sea, potentially create overlapping and lack of coordination among them. This also creates confusion and disadvantage to the stakeholders. Therefore, it is necessary to reorganize the current institutional arrangements to minimize the problems on the ground.

The Importance of Institutional Arrangement to Safeguard Maritime Security and Safety in Indonesia: The Case of Marine Security and Safety Agency

Introduction: Multiple agencies approach has been adopted by the Indonesian government to ensure maritime security and safety. The involvement of multiple actors potentially leads to overlapping authorities and an uncoordinated operation. For stakeholders at sea, such approach is inefficient, ineffective and creates confusion. The situation needs to be addressed to make more a coordinated, efficient, and effective method. This paper tries to address such an issue through institutional law lens.Purposes of the Research: This paper aims to answer three important questions (1) How is the enforcement of security and safety at sea so far? (2) What are the implications as the many institutions involved in the enforcement of safety and security at sea? and (3) What kind of institutional arrangements to be made in the future so that law enforcement at sea becomes effective and efficient?.Methods of the Research: This study utilizes a normative legal approach. It exercises legal doctrines, relevant laws and regulations. It is also suplemented by relevant literatures, books, journals, and media coverages.Results of the Research: This paper finds that the enforcement of security and safety at sea adopts multi agencies where many institutions involved in maintaining security and safety at sea. The fact that multiple institutions simultaniously participate in law enforcement at sea, potentially create overlapping and lack of coordination among them. This also creates confusion and disadvantage to the stakeholders. Therefore, it is necessary to reorganize the current institutional arrangements to minimize the problems on the ground.

ANALISIS YURIDIS TENTANG ZAKAT BAGI PEGAWAI NEGERI SIPIL (Kajian dari Perspektif Hukum Islam)

Zakat, infaq and shadaqah (ZIS) are official institutions in Islamic law which relate to the property rights of a person or legal entity which have the value of worship as well as social and humanitarian charities which are useful for the welfare of mankind, maintaining security and socio-economic balance, while improving human and societal development as a whole. In Law Number 38 of 1999 concerning zakat, Article 1 explains that zakat is property that must be set aside by a Muslim or an entity owned by a Muslim in accordance with religious provisions for given to those who are entitled to receive it. Zakat imposed on salaries received by civil servants (PNS) is a type of professional zakat because it is imposed on workers' income due to their profession. As for income that is subject to zakat on the salary received for civil servants (PNS) if it has reached the nisab (the minimum amount of assets to be subject to zakat), namely 2.5% or has fulfilled the time specified according to Islamic law. Even though implementation still experiences problems and obstacles due to a lack of awareness about zakat on salaries received by civil servants (PNS), the government is obliged to collect and manage zakat, infaq and Islamic alms in a professional, honest, trustworthy and transparent manner so that The potential for zakat, infaq and alms (ZIS) which is quite large in society can be explored optimally. By creating and establishing zakat amil institutions (LAZ) in each Department or Government Agency based on the applicable laws regarding zakat management, namely Law Number 38 of 1999, so that it can improve community welfare, especially in the socio-economic field. Utilization of professional zakat proceeds will be better if it is carried out productively and managed professionally, in addition to some of it being for consumptive purposes for mustahik, especially poor and destitute groups.

Umowa ze skutkiem ochronnym na rzecz osoby trzeciej - konstrukcja i dopuszczalność

Can a third party acquire rights by contract, even though there is no relevant contractual provision? The article analyzes a German contract law institution: the contract protective of third parties which establishes a debtor's special obligation to protect certain third parties whose legal situation may be affected by the performance of the contract between the debtor and the creditor. In the event of a breach of contract due to the debtor's fault that causes damage to a third party, the debtor is obliged to compensate the third party for the damage caused under the regime of contract liability and not under tort liability. The possibility of applying this construction under Polish law, although controversial, is not excluded. Areas of application may however include the outsourcing of services and banking law.

EXTRADITION: DIRECTIONS OF DEVELOPMENT

The study of one of the basic institutions of criminal law and international criminal law is aimed at creating a system of approaches to the development of existing law that can lead to the development of a universal approach to providing legal assistance. The purpose of the study is to determine the directions of the development of the law for providing legal assistance under the extradition process. Materials and methods. The method of analyzing sources of law made it possible to identify weaknesses when carrying out the extradition; the comparison method revealed a divergence in norms relating to the basis for extradition, which gives a forecast for solving a number of problems for both parties of the mechanism under study. Research results. The practical application of extradition rules makes it possible to achieve the desired result, but the desired effect is achieved through large and unreasonable efforts of both parties with a large bureaucratic toolkit, which leads to the idea of optimizing a number of processes. Conclusions. The institution of extradition should be considered as a flexible tool of legal assistance that allows solving the problems of justice in the spirit of the current principles of humanity and legality. The creation of an international instrument of a universal nature can fill gaps in the law and lead to a uniform extradition mechanism at the bilateral level. Due to current political international processes, the formation of such a document seems appropriate.

How do law and religion influence child marriage? A qualitative study using content analysis

AbstractObjectiveThis study was conducted to investigate the effects of religion and law on child marriage in Sanandaj, Iran.BackgroundThe prevalence of child marriage is 16.65% in Iran and 11% in the Kurdish city of Sanandaj. This study considers the legality and legitimacy of this practice in Iran.MethodEligible participants were selected through purposive sampling. Participants included three groups: parents of a married child (n = 7), women who were child brides (n = 19), and experts (sociologists, marriage concluders, and marriage counselors; n = 7). The research question was “What impact do religious and legal factors have on the decision of families in child marriage?” The data were gathered using semistructured in‐depth interviews and analyzed by conventional content analysis method.ResultsThe findings were generally categorized into four main themes including law–religion issues (subthemes: marriageable age in civil law, Sharia principles), predisposed religious interpretations (subthemes: religious interpretations confirming child marriage, interpretations rejecting child marriage), institutional factors (subthemes: official agencies, religious factors), and religious viewpoint of families toward child marriage (subthemes: avoidance of sin, reference of parents/children to religious rules).ConclusionsThe intersection of law, religion, and family institutions, with their interconnected rules, encourage child marriage (particularly for girls) in Sanandaj, Iran. Any change in these factors (mostly civil law and Sharia) may influence the demands of families for child marriage.

MONITORING OF LEGISLATION ON INTENTIONAL SELF-HARM (SELF-MUTILATION)

The authors examined the criminal law institution of intentional self-harm (self-mutilation). The Constitution of the Republic of Kazakhstan extends to the area related to the legal status of the individual, and applies in full to citizens of the state deprived of liberty and placed in penitentiary institutions. They are limited to a certain extent of rights and freedoms, but these restrictions should not contradict the Constitution of the Republic of Kazakhstan. The study examined foreign experience of the institution of deliberately causing any damage to oneself (self-mutilation), as well as international legal acts recognized by the Republic of Kazakhstan and other states of the modern world. Is an act of self-harm committed by a convicted person one of the ways to protect his rights to freedom of speech and expression, a form of protest against the illegal actions of the administration of the institution, or a criminal offense? Criminal liability with the participation of a group of persons in this act is also considered. A legal analysis of Article 428 of the Criminal Code of the Republic of Kazakhstan and Article 130 of the Criminal Executive Code of the Republic of Kazakhstan was carried out, which indicate certain shortcomings in the presentation that create conditions for ambiguous understanding and application. It is possible to bring to criminal liability for participation in group disobedience, involving the deliberate infliction of any harm on oneself, if the purpose of self-harm is ignoring the legal requirements of the administration of the institution and violating the established procedure for serving a sentence. All these issues were considered by the authors in this article.

Raising the Question of Law in Language

The article shows a different approach (compared to the traditional one) to the paradigm of a public institution and to the development of a new epistemology, which replaces analysis (understood as a decomposition in the greek meaning of the word) and promotes synthesis and holism in the interpretation of law in language. It emphasizes that there are relationships between a public institution (law), language and cognition, where the role of language requires special study, especially in relation to mental activity. Modern scientific interdisciplinary approaches lead us to consider this phenomenon in the light of the paradigms of cognitivism (In connection with the interrelation and inseparability of language from thinking) and fractal semiotics (taking into account the “biosocial” function of language and the construction of an object of study from the position of an observer), representing these two public institutions as procedural, self-referential, self-organizing in their interaction with an observer.

Kazakhstan's political repression in the first half of the 20th century: characteristics of the legislative mechanism governing the use of repressive measures

The research conducted enabled us to draw the conclusion that the mechanism of political repression during the studied period encompassed a range of legal and non- egal strategies, as well as organizational and social measures. These were implemented with the objective of attaining political objectives, safeguarding the exist-ing structure, ensuring state security, and upholding the unity of the totalitarian union state. The time under examination witnessed the establishment of both public and confidential departmental regulations, which ef-fectively safeguarded the legitimacy of political repression. These regulations comprehensively governed the whole process of implementing punitive actions. Simultaneously, the ruling bodies of the united communist party held exclusive authority in determining all significant decisions of state entities. The establishment of organizational and legal frameworks for political repression in the USSR was a fundamental component of the totalitarian control structure. This framework facilitated extensive human rights abuses and had a lasting impact on the historical trajectory of the Soviet population over an extended period. The examination of his-torical events of this nature enables us to comprehend the workings of totalitarian regimes and underscore the significance of the rule of law and autonomous institutions in safeguarding civil rights and liberties.

Zasada nierozdzielania rodzeństwa na tle prawa rodzinnego

This article deals with the implementation of the principle of not separating siblings introduced by the legislator in the Polish family law system in the context of protecting the interests of a minor in the Polish legal system using the document research method and the method of literature analysis and criticism. The article analyzes the reasons for systematizing the principle in the Polish family law system and its concretization in the family law institutions such as divorce, separation, marriage annulment, exercise of parental authority when parents live apart, custody, foster care and adoption. The discussed solutions have their sources in particular in the Act of February 25, 1964 – Family and Guardianship Code (i.e. Journal of Laws 2020.0.1359) and the Act of June 9, 2011 on supporting the family and foster care system (i.e. Journal of Laws 2022.0.447).

Legal Education Aspects Among the youth in the Republic of Kazakhstan

The main problem: The development of theoretical aspects of legal education, legal awareness. Organizational forms of legal education. Forms and methods of education of legal awareness, legal culture. Features of the formation of legal culture in the modern period. Problems of improving legal culture and legal education. Legal education forms a sense of confidence and independence in the legal sphere among the population of the state, thereby stimulating the legal activity of an individual, which presupposes voluntary, conscious, proactive, socially and morally responsible human behavior. Purpose: The article deals with the legal education of modern youth. The means of forming a legal culture are the promotion of law, the development of legal knowledge among citizens, the practical strengthening of the rule of law, the presence of a strong legal science, the improvement of the system of legal acts, which is achieved due to the presence in the state of a democratic, effective constitution and high legal and technical-legal quality of laws and by-laws. Methods: Methodology of the study. The methodological basis of the study was made up of: generally recognized methods of scientific research of the phenomena of reality in their interrelation and interdependence both at the theoretical level (systemic, comparative legal, formal legal, historical methods of analysis, etc.) and at the empirical level (statistical analysis, questionnaires, research of documents, printed publications); the main provisions of the theory of criminal law, ethics, philosophy, psychology; rules of formal logic. The results and their significance: In this regard, there is a need to create a Republican Center for Legal Education at the Institute of State and Law, which will provide scientific research on the problems of legal education and upbringing, the development of the content and methodology of legal education at all levels of continuing education of students.

Jurisprudence for the Development of Science: Ideas that Should Not Be Forgotten (To the 100th Anniversary of the Institute of Legislation and Comparative Law under the Government of the RF)

The article examines topical issues in regulation and organization of academic activities, which are related to the more than 100-year history of functioning of one of the oldest research institutions in the country – the Institute of Legislation and Comparative Law under the Government of the Russian Federation. In the course of the study of archival materials and available publications by the Institute’s employees, some original and currently relevant proposals and hypotheses were identified. They are concerning the organization of research, the direct implementation of academic activities, as well as relations in the field of science subject to legal regulation (in particular, those related to: the distinction of legislation on the scientific and technical process as an independent part in the system of national law in the 1960s; the impossibility of scheduling scientific discoveries; the need to involve researchers (the object of control) in the management process; the “probabilistic” nature of research and the infeasibility of standardization in research work as is the case with setting norms in industrial production; the incorrectness of identification of administrative management in science with academic advising as a specific phenomenon, etc.). These remain relevant to this day. An attempt has been made to correlate the developments of the team of the particular academic organization with the sociopolitical situation in the corresponding historical period and the dominant scientific positions.

Cultural Dynamics: Pangadâ' in the Bhâkalan and Nyeddèk Kabhin Process in Madura 'Urf Perspective

This research explores weddings in Madura, especially the unique role of Pangadâ' in the bhâkalan (engaged) and nyeddèk kabhin (spokesperson) processes. This research explores Islamic law and social institutions in Madura with an integrated phenomenological approach to everyday life. Data was collected through observation, interviews and document analysis using Spradley's four activity flow model, providing an in-depth understanding of the culture and values of Madurese society regarding marriage. This research succeeded in revealing the role of Pangadâ' not only involved in conventional stages, but also in special steps such as nyareh ngen-angen, masang ngen-angen, nyalabhâr, nyareh dhinah bhâgus, mentah and dispute resolution. His involvement was influenced by local traditions and wisdom, creating a Madurese wedding identity. In the 'urf perspective, these traditions are categorized as 'urf 'amalī and 'urf ṣaḥīḥ, indicating harmony with Islamic values. This research visualizes the harmony between local traditions and Islamic values in the context of Madurese weddings, depicting harmonious integration.

ARCTIC ENTREPRENEURSHIP: LEGAL ASPECTS

The article considers the issues of legal regulation of economic activities in the Arctic zone of Russia. The main areas of small and medium-sized businesses in the Russian Arctic for the development of entrepreneurial activity were studied. An analysis of a special subject of entrepreneurial activity in the Arctic zone of Russia, which receives the status of a resident, is given. Arctic economic activity has been identified at the current stage in Russia as an independent institution of entrepreneurial law, which in the future research will give a big impetus to development in terms of the adoption of regulatory legal acts. Based on the analysis of legal acts, the state, as a guarantor of the development of economic relations, is obliged to subsidize with cash the main types of small and medium-sized entrepreneurial activities in the Arctic zone of Russia, and on the other hand, large commercial companies must reimburse the costs for manufacturers of local products. It was proposed to develop electronic trade on the territory of Russia, accordingly, there is a need to connect all Arctic entities to high-speed Internet. It was concluded that for the legal regulation of complex relations, the Arctic Code of Russia should be adopted.

Особенности частноправовых отношений в спорте

The article studies private law relations between various sports subjects. Qualitative development of economic and social parameters of sports can be ensured only provided that a stable legal framework is created, including in the sphere of regulation of private law relations. The author also studies sports development prospects through the system of private law institutions implemented, inter alia, at the municipal level. Based on the results of the analysis, the author concludes that private law issues of sports development should be solved in connection with the comprehensive social and economic development of the Russian Federation.

Forensic Support of Solving, Investigating and Preventing Crimes in the Works of Professor A.V. Vardanyan

In 2024 we celebrate the 60th Jubilee of the Honored Scientist of the Russian Federation, Doctor of Law, Professor, Head of the Department of Criminalistics and Operative Search Work of Rostov Law Institute of the Russian Ministry of the Internal Affairs, Police Colonel Akop Varazdatovich Vardanyan. A.V. Vardanyan has been developing the scientific basis for the criminalistic support of solving, investigating and preventing crimes since 1995, including its criminal law, criminal procedure and criminological aspects. As a researcher, he has made considerable contributions to the development of the science of criminalistics, his works demonstrate fundamental research of each aspect of the work of law enforcement bodies that they cover. This article presents an overview of Professor A.V. Vardanyan’s works, it highlights the strong points of these publications and their interdisciplinary approach to the corresponding issues. Professor A.V. Vardanyan has made an invaluable contribution to the science of criminalistics, and developed an immense number of theoretical and practical clauses useful both for the legislative regulation and the practice of law enforcement.

Tax law system in the context of digitalization: problems and prospects

The purpose of the article is to develop a criterion for structuring the branch of tax law relevant for the period of digitalization.The methodology of the study includes an analysis of regulatory acts of tax legislation regulating the legal regulation of digital transformation of taxation.The main results and the scope of their application. Due to the lack of a single criterion for the formation of the structure of tax law (in different years, the tax system or the system of tax legislation was considered as such), obstacles are created in the unambiguity of understanding the system and types of tax law institutions. This leads to a number of practical problems related to the “alignment” of new tax law norms that appeared in the digital era into the “classical” tax legal relationship.Conclusions. The criterion on the basis of which the modern legislator, as well as representatives of the tax and legal doctrine, divides tax law into institutions is a controversial issue of the relevant branch of science. Such uncertainty does not give an unambiguous understanding of the legal nature of new tax law institutions, for example, the institute of a single tax payment. At the present stage, it would be logical to use the category of “tax obligation” as a kind of link in the system of tax law, which is predetermined by its fundamental role in tax and legal regulation.