Legal Institutions Research Articles

INSTITUTE OF ENSURING THE RIGHTS AND INTERESTS OF THE INDIVIDUAL IN THE FIELD OF CRIMINAL PROCEEDINGS (MONITORING THE LEGISLATION OF THE CIS COUNTRIES)Kairat Eslyamkalievich Ismagulov

The authors examined the issues of ensuring the rights and interests of individuals in the field of criminal proceedings both in the Republic of Kazakhstan and in other countries of the Commonwealth of Independent States (hereinafter referred to as the CIS). The protection of fundamental human rights and freedoms is a universal principle, since these values are subject to priority protection in all spheres of public and state life. Man, his rights and freedoms occupy a central place and dominate over all other humanitarian values. The protection of human rights and freedoms acquires particular socio-political importance in the field of criminal proceedings, that is, where law enforcement agencies have the capabilities of state coercion, allowing them to invade the sphere of personal interests and significantly limit them. The legal policy of the Republic of Kazakhstan has already solved a number of important tasks to improve criminal procedural legislation. Since 2015, a new Code of Criminal Procedure (hereinafter referred to as the Code of Criminal Procedure) has been in force, which has introduced many innovations to simplify, speed up, reduce investigative and judicial procedures, streamline and differentiate the procedural powers of persons conducting criminal proceedings, strengthen the status of the defense party, as well as ensure the rights and legitimate interests of all persons participating in criminal proceedings. In addition, new legal institutions, proceedings and norms have been introduced that bring the criminal process closer to successfully tested models for the investigation of criminal offenses and the administration of justice. Along with this, most legislative decisions, when tested by law enforcement practice, showed their weak (insufficient) effectiveness, inconsistency with the established provisions of the theory of criminal procedure law, the absence in law enforcement practice and in the theory of criminal proceedings of unified conceptual approaches to the volume, form, mechanisms and the limits of implementation of the constitutional principle of competition in regulating various legal relations in the area under consideration.

THE ADMINISTRATIVE JUSTICE OF THE REPUBLIC OF KAZAKHSTAN AS AN INSTRUMENT AND SUPPORT OF THE HEARING STATE

As we know, administrative justice is a kind of legal institution of judicial protection necessary to restore violated subjective rights, freedoms of citizens, legitimate interests of legal entities and other organizations by monitoring compliance with the law-abiding state in the public administration system, a special procedure for consideration and resolution of administrative and legal disputes arising from managerial relations. Administrative justice is aimed at ensuring the adoption of legally sound, timely, fair and understandable decisions in cases concerning the rights of people. Administrative justice ensures the rights of citizens in the administrative process. Finally, administrative justice has a great impact on the quality of public services and fair treatment of citizens. The process of making administrative decisions, there is a balance between issues of efficiency, regularity and the mechanical application of existing rules. Of course, the improvement of any social system is a necessary and sufficient condition for the existence and functioning of the system by itself. In general, the entire justice system is increasingly revealing the failure of efforts to protect the law-abiding state on the previous regulatory and organizational basis, legislative acts adopted in recent years in the legal field.

CONCEPT OF LEGAL REGULATION OF CHILDREN’S HEALTH

By the end of the 20th century, the relevance of problems in the field of children’s health care was associated with the low efficiency of the implementation of the “Fundamentals of legislation of the Russian Federation on the protection of the health of citizens” dated July 22, 1993 No. 5487-1, which led to the adoption in 2011 of the Federal Law “On the Fundamentals of Protection health of citizens in the Russian Federation” No. 323-FZ. However, according to a number of comments, issues of protecting children’s health do not fully comply with the current requirements in the healthcare sector of the Russian Federation. In the article, on the basis of scientifically based provisions, the author’s concept of legal regulation of children’s healthcare in the Russian Federation (Concept) is developed and its main provisions are formulated. It has been proven that the author’s Concept should act as a result of the positive activities of the state policy of legal regulation of children’s healthcare in the Russian Federation, systematizing a number of key provisions of the legal institutions of the legislative framework for restrictions on the scope of action. It is argued that the working concept faces this fundamental gap in terms of the general regulation of children’s healthcare issues in the Russian Federation — the lack of a basic law, the possibility of implementing an effective mechanism for regulating relations in the field of children’s healthcare in the Russian Federation, aimed at ensuring children’s rights — health protection and assistance.

Мундиры уфимского дворянства конца XVIII века: историко-правовое исследование

The author conducts a historical and legal study of the problem of the formation and development of the institute of the noble uniform at the end of the eighteenth century on the example of the Ufa province. The noble uniform is considered as one of the most important state and legal institutions of Russian society. It is noted that under the conditions of an absolute monarchy, the uniform became the most striking and noticeable element of the legal and social status of a person in the state. A brief overview of the sources and literature on the research topic is given. The main stages of the formation of the noble provincial uniform are identified and characterized: 1) 1782–1797: the emergence of the institute; 2) 1797–1809: attempts to streamline and simplify the system of provincial uniforms. A pattern is revealed — all the complex processes of formation and transformation of the national statehood are reflected in the provincial uniform. In conclusion, the publication notes that such aspects of the state and legal life of Russian society as consistency, militarization, authoritarianism, a tendency to external effects, and weak official discipline are clearly manifested through the uniform.

Enforcement of State Law by the Republic of Indonesia Attorney General's Office in the Perspective of Law Number 16 of 2004

The Republic of Indonesia is a country with a constitutional system that is governed by the Indonesian Constitution. It is an independent and effective law enforcement agency in Indonesia. This paper aims to explore the enforcement of state law by the Prosecutor's Office of Indonesia (Kejaksaan RI) in the perspective of Law Number 16 of 2004. It focuses on the mechanisms, practices, and effectiveness of this enforcement from a legal and procedural standpoint. The research may offer insights into the interpretation and application of this law, identify challenges, and suggest potential improvements or reforms in the enforcement process. It provides a solid legal foundation for the Attorney General's office of Indonesia to carry out its duties as a policing in upholding justice and legal sovereignty in Indonesia's established framework. It emphasizes the crucial role of the Penal Service of Indonesia in constitutional law enforcement, including prosecuting crimes that harm the interests of the state or the public. Ensuring constitutional law enforcement is crucial for maintaining legal stability, eradicating corruption, improving governance, and strengthening public trust. Indonesia can achieve effective enforcement through strengthening regulations, coordination between legal institutions, and government, and by enhancing capacity and resources through training, education, professional development, interagency cooperation, and transparency and accountability.

Prinsip Sistemik Lembaga Perdamaian PKPU Untuk Mencapai Nilai Keadilan

Systemic principles serve as the basic basis for thought and action processes, representing interconnected elements that contribute to the formation of a comprehensive whole. Bankruptcy law is a special and special law, regulated in Articles 222 to 294 of the Bankruptcy Law and PPU, PKPU is a legal peace institution whose operational elements include deciding judges, administrators, supervisory judges, debtors, creditors, and additional elements in the PKPU institution that are guarantors if provided. Systemically, these elements are interrelated both within their own elements and with theoretical elements, namely the Ideal elements (about meaning) and the actual elements. According to Article 287 of the Bankruptcy Law and PKPU Jo Article 282 of the Bankruptcy Law and PKPU, PKPU has a final and binding decision, but it is limited, and its decision is only related to the minutes of the meeting. The verdict still has legal consequences if violated. The author’s motivation is to analyze systemic principles in the legal framework of PKPU peace institutions with the aim of upholding the principle of justice. The analysis methodology used is the legal system theory developed by Kees Schuit, focusing on the Ideal, Operational, and Actual elements. In addition, it incorporates three basic principles outlined by Gustav Radbruch – Certainty, Benefit, and Justice. The results of this study contribute prescriptive value to the field of law, especially in bankruptcy law.

Peculiarities of division of corporate rights of spouses: through the prism of the Supreme Court practice

Introduction. The paper is devoted to the study of the issue of the division of marital property, namely corporate rights, which is the least regulated at the legislative level. The purpose of the paper is to carry out further scientific research of theoretical and practical aspects of the legal regime for division of corporate rights of spouses under Ukrainian legislation. Results. The author analyzes the scientific approaches to the definition of the concept of corporate rights of spouses, and reveals the content and features of the presumption of joint property. The scientific study of the issue of the legal regime of marital property (corporate rights) offers various variations of further development of the approach to the division of marital property at the legislative and case law levels. The paper emphasizes that the property owned by a husband and wife in joint ownership and transferred to the authorized capital of a legal entity becomes the property of the latter and ceases to be the object of joint ownership of the spouses, while one of the spouses receives corporate rights and the other receives the right of claim. The author analyzes the impact of the decision of the Constitutional Court of Ukraine on private law relations, which changed the vector of development of the issue of joint marital property and its possible division. Within the framework of the issue of the legal regime of corporate rights of spouses, the author makes an excursion into the case law on this issue and traces the changes in case law regarding the possibility, procedure and object of division of corporate rights. Conclusion. The author comes to the conclusion that there is no clear legislative regulation of the legal institution of division of corporate rights of spouses, and the dynamic development of judicial practice which establishes different approaches to the practical solution of this issue.

New Threats to Sacred Sites and Religious Property

Abstract Over the last 40 years, Native American faith communities have struggled to protect their sacred sites using religious liberty law. Because Native American religious claimants lack an explicit ownership interest in their sacred sites, courts can—and do, consistently—decide in favour of the government as landowner, regardless of anticipated or actual burdens on Indians’ free exercise of religion. In cases involving religious property, competing notions of ownership can enable, or inhibit, religious practice. New threats to Native American sacred sites often follow valuable natural resources that lie above, below, and around tribes’ ancestral lands. Even where faith communities own their sacred sites, religious liberty protections may prove limited. Courts often make judgments about religious property based on their own determinations of what counts as ‘essential’ for faith communities’ free exercise of religion. How legal institutions comprehend religion when evaluating property claims brought by faith communities will often dictate whether, and how extensively, religious liberty protects religious property. Such judicial theologizing can further threaten sacred sites.

Strengthening the Role of Artificial Intelligence Technology in the Role of Court Judges in Indonesia

This research explores the strengthening role of artificial intelligence (AI) technology in supporting the duties and responsibilities of court judges in Indonesia. In the digital era, the integration of AI in the judicial system is necessary to improve efficiency, accuracy, and fairness in legal decision-making. This research uses a qualitative method with literature studies, in-depth interviews, and case analysis from other countries that have implemented AI in their justice systems. The results show that AI can reduce judges' workload, speed up case resolution, and minimize human error and bias. However, there are challenges such as ethical issues, data privacy, and public trust in AI decisions. This research emphasizes the need for a clear regulatory framework and specialized training for judges to ensure the effective and responsible use of AI. In addition, the importance of collaboration between governments, legal institutions, and technology developers to create AI solutions that comply with the principles of fairness and transparency was expressed. In conclusion, although AI has great potential to strengthen the role of judges in Indonesia, its implementation must be done carefully to maintain the principles of fairness.

Issues and Perspectives on Cyberterrorism and Information Security in Nigeria

The advent of information and communication technology (ICT) and the internet in Nigeria offer endless opportunities and also raise a lot of concerns bothering on cybercrime, cyberterrorism, information and human security. Recently, Nigeria has experienced an unprecedented surge in cybercrime, with potentially disastrous consequences for the country's socioeconomic and sustainable growth. Consequently, the complexities and horrific nature of cyberterrorism in recent times have increased proportionately which calls for prompt action. This study therefore, examines the effects of cyberterrorism on information and human security in Nigeria. Anchored on the technology-enabled crime and risk society theory and integrative literature review approach, the study revealed that, aside from the fact that information security is important for the continued existence of individuals, organisations and government in Nigeria, different terrorist and secessionist groups in Nigeria such as Boko Haram have been using the Nigeria’s cyberspace to mobilize and train its members, raise funds as well as propagate their nefarious agenda. The study however recommends among many things that, the Nigerian government should strengthen the Cybercrime Prohibition and Prevention Act 2015 while also ensuring the establishment of strong legal, institutional and security frameworks in line with the United Nations Security Council Resolution 2341 (2017) and the United Nations Global Counter-Terrorism Strategy (GCTS) in order to fight cyberterrorism in Nigeria.

Application of the Institute of Private Rulings of Arbitrazh Courts

A private ruling as a procedural institution aimed at eliminating identified violations of the rule of law in the course of justice and preventing their recurrence is well known to civil proceedings and is actively used by courts of general jurisdiction. At the same time, there has always been an ambiguous attitude in the legal community towards private rulings in the arbitrazh process, which found their legislative consolidation back in the Arbitrazh Procedure Code of the Russian Federation in 1992, due to the divergence of views on their purpose and legal essence, fragmented legal regulation, as well as multidirectionally developing judicial practice. In addition, for a fairly long period of time, the institution of private rulings was generally excluded from the arbitrazh process, which negatively affected its importance and relevance on the part of the judicial system. Currently, private rulings form an important procedural tool used by arbitrazh courts both to strengthen the rule of law and to prevent offenses in the field of entrepreneurial and other economic activities also for the purpose of informing the bodies of inquiry or preliminary investigation about the signs of a crime discovered while dealing with the case. However, the differences in the legal regulation of private rulings in the arbitrazh process compared with regulation in civil or administrative proceedings, significant features and significantly different approaches in the practice of their application by arbitrazh courts represent private rulings as a contradictory and conflicting legal institution, which leads to a decrease in its effectiveness and applicability in the work of courts.

The Religious Basis of Contemporary Law

Religion and law intermingled and influenced each other both in the early stages of the formation of society and in the subsequent processes of its development. It is impossible to say unequivocally which of the two developed earlier or which had a greater influence on the modern form of the other. Today, questions concerning the relationship between law and religion are rarely the subject of research. The prevailing view that proclaims the secularisation of law, while undoubtedly justified, seems to overlook the religious origins of many modern secular institutions of law, such as, equality before the law, social policy, parental authority or the posthumous protection of human corpses and graves. As it seems, the move away from religious justification of legal institutions is a valid solution, prompting legal scholarship to seek explanations for the functioning of the legal system. The purpose of this article is to point out that law and religion intermingled in the creation of their final forms, resulting in the spread of legal institutions derived from norms of a religious nature. This encourages the creation (or denotation) of legally protected values and the search for their scientific (non-religious) basis.

The right of re-measurement of settlements in the Middle Ages in the light of the legal practice of Bohemia and Silesia in the 13th and 14th centuries

Summary During the High Middle Ages, hereditary land tenure prevailed throughout East-Central Europe, often in a formalised manner based upon the ius emphyteuticum, whereby peasants were guaranteed a stable amount of land rents to be paid to landlords. There was, however, a legal institution that enabled the landlords to practically renegotiate original settlement contracts without openly violating them, in order to increase their income: the law of re-measurement of settlements (ius mensurationis). On examples from Silesia and Bohemia we have demonstrated that the landlords used this means plentifully, either directly through its actual implementation, or indirectly by renouncing their claims for payment. We have also hypothesized on the rationale and origin of the ius mensurationis, analyzed who could raise claims based upon it, and commented on the formulas related to this legal institution, which may be found there in Silesian and Bohemian charters.

IV. Das Einlager. Forderungsdurchsetzung in der Frühen Neuzeit zwischen Autonomie und Heteronomie

Summary In medieval and early modern Germany, the Einlager (lat. obstagium) was a widespread practice of private debt enforcement. Parties stipulated that in case the debtor defaulted, contractually agreed on persons, usually the debtor and/or sureties along with members of their retinue, would confine themselves to given premises, usually a public house, for as long as the debt was left unpaid. During that time, all costs for boarding and lodging were to be borne by the debtor. This legal institution was meant to increase the economic pressure on the debtor and keep him from pursuing his usual private and professional life. Voluntarily agreeing to the Einlager, publicly committing to a debt as well as submitting to slander should the debtor not turn himself in all hinged on contemporary codes of honour – the debtor vouched his personal honour when he took on him the possibility of the Einlager. At the same time, the Einlager itself was perceived to leave personal honour intact. This meant that it was popular in cases in which distraint for debt proved difficult; particularly noble debtors and cities found it to be acceptable. However, increasing economic pressure on an already defaulting debtor had always been viewed sceptically. During the course of the 16th century, criticism of the Einlager grew more intensive and new facets were added to it. Prolonged stays in pubs, sometimes in excess of a year, were now deemed detrimental to public as well as private morality. More importantly, the Einlager as a means of private, autonomous debt enforcement that used personal honour as a leverage point was increasingly perceived as a challenge to early modern concepts of territorial lordship, as it ignored governmental jurisdiction. Early modern German legislation addressing the issue introduced a new argument: It criticized that those employing the Einlager made themselves judges in their own causes. Assailed on all sides, the Einlager thus quickly fell into disuse around 1600. Only in a few northern German regions it was moderated by legislation and employed well into the 19th century.

КОРРУПЦИЯ КАК СОЦИАЛЬНОЕ ЯВЛЕНИЕ

The article analyzes the influence of corruption on the social life of society. The causes and consequences of corruption are considered, the importance of negative social consequences is emphasized. It was revealed that if a distortion of social, political, economic foundations is identified in a state, then there is a degradation of social relations due to the weakening of legal institutions, then the level of corruption will be high. Effective measures to combat corruption aimed at strengthening social norms in society are summarized and listed

Lawyer, Littérateur, and Legislator: On Gronemann’s Profession, Self-Perception and Place in Scholarship

Abstract The essay explores the multifaceted career of Sammy Gronemann, emphasizing his overlooked role as a lawyer within the context of his better-known identities as a Zionist and a man of letters. Gronemann’s professional life, particularly his work as a lawyer and judge, is examined in detail, shedding light on his significant contributions to Zionist legal institutions such as the Court of Honor. The paper highlights the evolving trends in scholarly research on Gronemann, which primarily focuses on his literary achievements while neglecting his legal career. Through Gronemann’s own writings and historical documents, the paper delves into his self-perception, revealing a complex interplay between his identities as a lawyer and a writer. Ultimately, it argues that Gronemann’s passion and success spanned across his various roles, challenging conventional categorizations and underscoring the interconnectedness of his legal, literary, and Zionist endeavors.

Exploring the relationship between institutional legitimacy and teachers’ innovative behavior: the serial mediating effects of psychological empowerment and normative commitment

Exploring the relationship between institutional legitimacy and teachers’ innovative behavior: the serial mediating effects of psychological empowerment and normative commitment

Why People in Prison Disobey the Rules: The Influence of Legitimacy on Misconduct in South Korean Prisons

ABSTRACT Research has demonstrated that individuals with higher levels of perceived legitimacy toward police or legal institutions are less likely to engage in antisocial behavior. However, a limited number of empirical studies have directly examined the relationship between the perceived legitimacy of prison officers and misconduct in prisons. The goal of this study is to examine the role of legitimacy in misconduct among people incarcerated in South Korean prisons. Using a nationwide sample of adults in correctional facilities in South Korea, logistic regression models are used to examine whether the perceived legitimacy of prison officers is associated with verbal and physical aggression against officers and other incarcerated persons. The equality of regression coefficients test is employed to examine whether the independent variable has varying impacts on each measure of interpersonal aggression. The study found that perceived legitimacy was negatively related and varied with the target of misconduct, with a larger influence on interpersonal aggression toward prison officers than those toward other incarcerated individuals. The findings are consistent with the normative perspective and suggest the need for policies encouraging just and fair management of prison populations by prison officers to sustain order in prisons. Policy implications are discussed.

CRIMINOPENOLOGICAL ANALYSIS OF THE LEGAL STATUS OF IMPRISONMENT OF LIBERTY: BELARUSIAN RESEARCH EXPERIENCE

The legal regulation of deprivation of liberty as a measure of criminal liability is not limited to criminal law rules on its purpose and other application. Punishment by imprisonment is associated with a whole complex of regulatory norms of criminal executive, criminal procedural and other sectoral legislation. A conclusion is made about the complex nature of the formation of the legal status of deprivation of liberty and on this basis a di erentiation is made of the elements that form it, depending on their functional purpose, in uence on the content and nature of the origin of other legal institutions and measures of criminal law. Theoretical foundations of penitentiary criminopenology are being developed, which allows us to talk about classifying deprivation of liberty as a type of punishment as a penitentiary type of criminal liability. This direction creates the prerequisites for a comprehensive solution to the problem of saving penalization, including penitentiary repression at all stages of its regulation (from the establishment of criminal law sanctions to full implementation in relation to a speci c convict). The system of penitentiary criminology is revealed as an independent direction in the doctrine of punishment by deprivation of liberty, its subject and main parameters are determined. Certain aspects of the social, criminal-political, criminological and criminal-legal conditionality of the nature of di erentiation and individualization of criminal penitentiary repression are considered. The content of punishment in the form of imprisonment is analyzed in terms of measuring the parameters of penitentiary criminology. On this basis, the content of the protective task of criminal law in the conditions of the development of the social state and modern society is clari ed.

Carbon Emission Reduction of Reclaimed Water Use Substitution for Inter-Basin Water Transfer and Sustainability of Urban Water Supply in Valley Area

Urbanization confronts the dual challenges of water scarcity and environmental degradation, prompting the exploration of diverse water sources for mitigating these impacts. Inter-basin water transfer (IBWT) has emerged as a solution to balance urban water demand and supply in areas with local water shortages. While IBWT can deliver high-quality water over long distances, it is costly, often contributing significantly to carbon emissions. Reclaimed water use (RWU) presents a promising alternative to address this dilemma. In this paper, a valley region of Chongqing municipality in Southwest China, which is confronted with water and environmental risks resulting from rapid urbanization, was explored and discussed as a case study to assess the potential impact of RWU on reducing carbon emissions as compared to IBWT. A method of accumulative accounting was adapted to calculate and sum up carbon emission intensities at various stages, revealing that the operational carbon emission intensities of IBWT and RWU are 0.7447 KgCO2/m3 and 0.1880 KgCO2/m3, respectively. This indicates that RWU substitution can reduce carbon emissions by 0.5567 KgCO2/m3 or 75%. This paper further elucidates the mechanism behind carbon emission reduction, highlighting the energy-saving benefits of using reclaimed water locally without recourse to extensive transportation or elevation changes. Additionally, this result presents three scenarios of reclaimed water use, including urban miscellaneous water, river flow replenishment, and agricultural irrigation in relation to their substitution effects and environmental impacts. Estimates of carbon emission reductions from reclaimed water use were projected at the planned scale, with the maximum potential of reclaimed water utilization predicted. Finally, this paper proposes an enhanced strategy to identify and prioritize factors affecting reclaimed water utilization and the effect of carbon emission reduction. This paper aims to facilitate the establishment of a robust legal, institutional, and managerial framework while fostering interdisciplinary and cross-sectoral cooperation mechanisms in valley urban areas. The methodology employed can be universally applied to other regions grappling with severe water stress, thereby facilitating endeavors toward carbon reduction and contributing significantly to the attainment of water sustainability.