Law Issues Research Articles

The Language Issue in Law. A Recollection of Rodolfo Sacco Contribution to Interpretation

A certain parallelism between the study of language and comparison in law is detected. Sacco often referred to studies in linguistics. Some references are more obvious while the quotation of Stalin's considerations in the area of language may be more unexpected. The development and adaptation of legal rules to society's evolution are compared with the changes occurring in language: often unpredictable and difficult to govern, indicating some independence of certain cultural expressions from political or economic directives.

Issues of Improving the Legal Regulation of Elections in the Russian Federation: The Opinion of the Scientist and the Practitioner

Among the many areas of scientific research, there are those where there are very few scientists who are substantively engaged in the study of relevant problems. These areas include the institution of elections within the framework of the science of electoral law. One of the few scientists in Russia who has been studying this issue substantively and consistently for more than 25 years is the Honored Lawyer of the Russian Federation, Doctor of Law, Professor Victor Vasilyevich Ignatenko, who celebrated his 65th birthday on February 26, 2024. And even while working in the legislative and executive authorities of the Irkutsk region, as well as being the head of the Election Commission of the Irkutsk region and the Commissioner for Human Rights in the Irkutsk region, Victor Vasilyevich did not leave science and teaching for a minute, as evidenced by his publication activity and the number of students. His enormous managerial experience, reverent attitude to the issues of legal regulation of the spheres of his professional activity allows him to highlight certain issues of law enforcement practice on topical issues of electoral law at a high level.

Legal Expertise as a Tool of Countering Violent Extremism in the Web 2.0

The paper deals with the results of the study aimed to countermeasure violent extremism in Web 2.0. The paper focuses on the results of the research entitled “Russian Legal Concept of Media Security” and implemented within the framework of the “Priority-2030” Academic Strategic Leadership Program. The increased number of public crimes committed in the new media using telecommunications technologies makes the study relevant. The study is aimed to improve the understanding of current and future global media security challenges and to explain how to resist them based on legal expertise. Legal expertise is characterized as a tool that can contribute to raising the general level of legal culture and, in this regard, the authors highlight that availability of law and language knowledge is relevant in solving criminal law issues regarding implementation of basic rights and freedoms in the digital environment. The authors examine public relations in the field of education, family relations and youth policy related to those who share traditional morality and focus on countering a destructive ideological impact on children, adolescents, and the youth, carried out in order to neutralize inimical inculcation of spiritual values alien to Russian society. The authors scrutinized social networking, a combination of mini web pages, blogs and searchable communities, to detect signs of extremist propaganda shared via internet communication as a key challenge Russian society is facing nowadays. They elucidate the importance of undertaking effective measures to protect the population from harmful effect of destructive extremist ideology and its negative psychological impact. An interdisciplinary study of media security in the paradigm of criminal law sciences was conducted on the basis of legal expertise — a comprehensive criminalistic, criminology, forensic, psychological and linguistic approach to counteracting a destructive ideological impact on adolescents and neutralizing the mechanisms of implanting alien moral values. The authors have systematized threats to traditional Russian spiritual values and proposed to amend legislation and law enforcement practice to improve media security. Deep efforts should be made to encourage zero tolerance for extremist actions in the information sphere among people, to form their competence to ensure media security, including effective recourse to legal (or forensic) experts and authorized entities in case of violations of the law.

INTERNATIONAL COMMERCIAL MEDIATION: INTERNATIONAL RECOGNITION AND ENFORCEMENT OF MEDIATION AGREEMENTS

Global economic output has increased dramatically due to an increase in cross border trade, the rise of multinational corporations and globalisation.
 The globalisation of trade resulted in an increasing interaction between different cultures and legal traditions with different value systems and philosophical foundations, leading to increased dispute potential which could eventually develop into conflict.
 The default setting for conflict resolution is widely recognised as judicially sanctioned dispute resolution, otherwise referred to as litigation. Commercial litigation processes are, however, getting more costly and burdensome.
 Commercial disputes are furthermore becoming more complex because of the globalised trade landscape and increasing cross-border mobility. This poses unique challenges for litigants and courts. Typical problems encountered include governing law issues, enforcement issues, differing national administrative requirements and legal processes. Dispute resolution by means of litigation is subject to intrinsic characteristics exacerbating the complexity of cross-border disputes. In the EU member states for instance, it takes between one hundred and three hundred days to obtain a first- instance judgment in civil proceedings.
 

Семья и право — основа современного государства (на примере Социалистической Республики Вьетнам)

The article is devoted to family and law issues on the example of Russia and Vietnam. The shortcomings and limitations of the Vietnamese Law on Marriage and Family, which impede the sustainable development of the family institution, are analyzed. In order to preserve traditional cultural and family values, these problems must be resolved as soon as possible. The authors not only revealed the current problems related to surrogacy and marriage with foreigners, but also suggested ways to solve them; studied the mechanism for resolving disputes related to the use of assisted reproductive technologies, etc. The analysis of problems necessitated the revision of legislation, which will strengthen the protection of human rights, eliminate existing shortcomings in law enforcement practice, preserve traditional values.

Penalaran Aturan Hukum Perlindungan Identitas Agama pada Anak dalam Konsep Hadhanah di Malaysia

Issues in religious law and state law are inseparable from the pros and cons that conflict occurs, but the alignment in the Muslim majority society is religious, this raises an understanding of the character of religious values, one of which is to children. This study aims to educate children to behave according to religious teachings and morals. So it requires the concern of parents as the first education in the family environment, as for what is found in Malaysia is the rules regarding child custody or called hadhanah. This study analyzes the content of the existing hadhanah rules in Malaysia related to the protection of children's religion. This research uses a normative approach with the theory of maslahah mursalah put forward by Ibn Qayyim Al-Jauziyyah. This research is field research. The results of this study indicate that judges in the Syariah Court in deciding hadhanah cases make the child's religion a very important consideration. According to this article, the authors argue that the existence of hadhanah rules in Malaysia is a form of benefit in the framework of hifdz al-dinn at the hajiyah level. So as to provide religious understanding in accordance with Islamic values and principles in maintaining the religious identity of children and safety and justice.

Penalaran Aturan Hukum Perlindungan Identitas Agama pada Anak dalam Konsep Hadhanah di Malaysia

Issues in religious law and state law are inseparable from the pros and cons that conflict occurs, but the alignment in the Muslim majority society is religious, this raises an understanding of the character of religious values, one of which is to children. This study aims to educate children to behave according to religious teachings and morals. So it requires the concern of parents as the first education in the family environment, as for what is found in Malaysia is the rules regarding child custody or called hadhanah. This study analyzes the content of the existing hadhanah rules in Malaysia related to the protection of children's religion. This research uses a normative approach with the theory of maslahah mursalah put forward by Ibn Qayyim Al-Jauziyyah. This research is field research. The results of this study indicate that judges in the Syariah Court in deciding hadhanah cases make the child's religion a very important consideration. According to this article, the authors argue that the existence of hadhanah rules in Malaysia is a form of benefit in the framework of hifdz al-dinn at the hajiyah level. So as to provide religious understanding in accordance with Islamic values and principles in maintaining the religious identity of children and safety and justice.

Parental authority in Romania and Republic of Moldova

The present article analyzes the issue of law applied to children and parents in relation to protecting the child’s rights and liberties. The study is done in terms of the minor’s best interest. The analysis concerns, by comparison, the legislative norm of the European Union, of Romania and Republic of Moldova. The internal law as well as the European law represent the legal basis for the study of the proposed subject. The element of novelty pursued in this paper is represented by the legislative alignment of the Republic of Moldova regarding parental authority, with the European norms.

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.

A Study on Labor Law Issues on Business Transfer of Bankrupt Universities

A Study on Labor Law Issues on Business Transfer of Bankrupt Universities

Land Problems and Legal Impact for Agrarian and Spatial Planning Officers

The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) is a government institution with the authority to carry out duties and functions of public services in agrarian, spatial planning and land. The development of land law issues in society has involved many officials from the Ministry of ATR/BPN as implementers of agrarian and land sector functions. The impact is the emergence of a sense of anxiety and worry felt by the Ministry of ATR/BPN officials when carrying out their duties. It is because if the land administration services provided by the Ministry of ATR/BPN are not thorough and careful, there are many gaps in legal violations, not only administrative and civil but also criminal. If the implementer of agrarian and land functions is a Civil Servant (PNS) and becomes a suspect in a legal case, he will be temporarily dismissed. He will not receive income from the Government Regulation on Civil Servant Management. Therefore, the problem that will be studied in this paper is the legal impact of land problems on the implementers of agrarian functions. This study explores the potential legal risks that implementers of agrarian functions can experience amidst the development of problematic land issues. The method used in this study is qualitative with a normative juridical approach. A normative juridical approach examines the legal rules and regulations that apply to answer legal problems. The results are that the administrative services carried out by the Ministry of ATR/BPN cannot be seen solely as part of administrative law. This is because the administrative services carried out can impact a person's legal ownership/civil status. Existing law enforcement instruments differentiate the judicial process for administrative, civil, and criminal violations.

2023년 형법 중요 판례 평석

In 2023, there were fewer en banc decisions compared to 2022. While there were 7 en banc decisions related to criminal law in 2022, with 6 focusing on criminal law issues, the number decreased to 3 in 2023. However, the significance of this change should not be underestimated. Among these cases, a notable en banc decision redefined the meaning of assault and intimidation in the context of forcible molestation, representing an effort to align the legal decisions with contemporary societal trends.
 Additionally, there was a noticeable increase in en banc decisions related to stalking crimes and special criminal laws, shedding light on issues and challenges prevalent in these areas beyond basic criminal law. In the context of criminal law, there were numerous significant rulings pertaining to the co-perpetrators of negligent crimes and infringements on self-defense, specifically addressing the contemporaneity of self-defense (meaning not determined solely based on the formal completion of the criminal act but extending until the situation of harm to one's own or others' legal interests has ceased).
 In 2023, in terms of the legitimate exercise of the state's right to punish, there were many efforts to modify en banc decisions that extended beyond the literal interpretation of the law or to provide clarification on the meaning of legal provisions. While the ideal resolution for legal shortcomings would be through legislative measures, the impracticality of enacting legislation to address every situation necessitates the application of the law through judges' reasonable interpretation. Therefore, the positive aspect lies in not rendering outcome-oriented judgments based on the principle of proportionality. However, it is necessary to consider criticism that calls for clearer and more comprehensible improvements to the Supreme Court's en banc decisions, which currently restrict legal principles through their power of authoritative interpretation.
 Furthermore, it is noteworthy that many elements, which are not explicitly stipulated in the basic criminal law but are present in various special criminal laws, can be evaluated as serious crimes. To enhance the effectiveness of crime regulation and the general preventive impact, systematic legislative adjustments within the criminal law framework for these crime elements are essential.

Controversial aspects of the modern national doctrine of property law

The article examines the basic controversial aspects of modern property law in the context of an overview of the Ukrainian legislation and highlights the main ideas of national civil law scholars on certain controversial issues. They consist in identifying the debatable components in the spectrum of research in the field of national property law, assessing further effective areas of scientific research and reviewing the main provisions of civil law on property rights. The author presents the main scientific views and contradictions, as well as the legislator’s views on the concept and features of real rights; reviews the points of view of understanding the grounds for the emergence of real rights and their generalisation and systematisation in the context of current legislation; demonstrates the problems of classification of objects of real rights; considers the problem of classification of real rights; reviews the content of basic legal categories related to the term “protection of real rights” and briefly highlights the approaches to classification of methods and forms of protection of real rights.
 It is noted that in general, the issues of property law of Ukraine are well studied, and only some issues need to be investigated in the context of detailing already known studies or solving specific practical legal problems, in particular, legal conflicts and selection of effective methods and forms of property rights protection in a particular case under a particular set of factors or parameters. The main core of the discussions on property law is whether the notion of “thing” belongs to a particular concept and whether a wide range of property relations exists in modern social, economic and legal relations. Therefore, first of all, there are discussions about the need to enshrine in the legislation a clear definition of the content of the category “real right”, to create a detailed classification of both real rights and their objects, as well as to select an effective remedy for violated rights in accordance with the existing parameters (components) of the legal situation, etc.

On the International Law Issues of Crimean Public Investment in Russia

On March 16, 2014, Crimea held a referendum to leave Ukraine as part of the Russian Federation. The referendum is a legal procedure used by the people of a region when applying the principle of national self-determination, while the public investment in Crimea involves national sovereignty and territorial integrity. So, when the principle of national self-determination and territorial integrity conflict, does the referendum comply with international law and be recognized? Crimea and public investment in Russia are the case of "foreign self-determination". This paper analyzes the applicable conditions of "foreign self-determination" and the situation of the Crimean people's exercise of the right of national self-determination, and makes specific judgments on the legitimacy of Crimea and public investment in Russia.

On the International Law Issues of Crimean Public Investment in Russia

On March 16, 2014, Crimea held a referendum to leave Ukraine as part of the Russian Federation. The referendum is a legal procedure used by the people of a region when applying the principle of national self-determination, while the public investment in Crimea involves national sovereignty and territorial integrity. So, when the principle of national self-determination and territorial integrity conflict, does the referendum comply with international law and be recognized? Crimea and public investment in Russia are the case of "foreign self-determination". This paper analyzes the applicable conditions of "foreign self-determination" and the situation of the Crimean people's exercise of the right of national self-determination, and makes specific judgments on the legitimacy of Crimea and public investment in Russia.

Social law issues in oncology: a question of social participation

Social law issues in oncology: a question of social participation

Criminal Legal Characteristics of Subjects of Crimes Against Morality

The main problem is the relevance of the research topic. The history of the development of civilization shows that law and morality as components of the spiritual culture of society are organically linked to each other. The legal system of any state enshrines the moral requirements and moral principles that are vital for the whole society. When creating norms or improving them, the legislator must take into account the state of the public moral culture of the population so that the laws being developed are fair and perceived by members of society. Purpose: The purpose of the study is the further theoretical development of a set of criminal law issues related to determining the place of morality in the system of objects of criminal law protection, their role in the system of measures to combat crime, as well as the development on this basis of proposals and recommendations for improving criminal legislation regulating liability for attacks on public morality. Methods: Methodology and 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: The stated circumstances, as well as the lack of elaboration and discussion of most of the provisions related to the modern legal regulation of crimes against public morality and their qualifications, determined the choice of the research topic. Crimes against morality are mostly committed intentionally. For example, involvement in prostitution, the organization of brothels for prostitution or maintenance, as well as other types of criminal acts directed against humanity (morality), are committed with direct intent. A person who organizes and maintains brothels for prostitution is aware that he is doing this for profit. Among the crimes committed against humanity (morality), animal abuse is committed mainly out of hooligan motives.

DEVELOPMENT OF REGULATIONS ON FACTUAL ACTIONS POST-LAW ON GOVERNMENT ADMINISTRATION: 2024 ELECTION PROCESS DISPUTE STUDY IN CASU PRIMA POLITICAL PARTY

<p><em>Factual actions in state administrative law have experienced developments after the issue of government administration law. This factual action is active in nature and is always preceded by a written decision from state administrative officials (TUN). However, in practice, factual actions involving written decisions are still subject to district courts accepting claims for unlawful acts (PMH) such as official decisions of state administrative officials (TUN) which are naturally the public law. This can be seen in the Jakarta District Court Decision Number: 757/Pdt.G/2022/PN which has punished the General Election Commission of the Republic of Indonesia (KPU RI) to postpone the General Election (Pemilu) and pay compensation. The aim of the research is to analyze the problems of the authority of written factual actions and to reformulate fair laws in the PTUN judicial system as well as the amount of awarded compensation procedures. Meanwhile, this research uses normative legal methods with statutory, conceptual and case approaches. The data collection method is by means of secondary data. The results of this research show that in the development of factual actions in state administrative law there has been an expansion of meaning to include written decisions, so that if there is a dispute over the election process between participants and the organizers of the General Election (Pemilu) then dispute resolution becomes the realm of absolute competence of the State Administrative Court (PTUN) after taking legal adjudication efforts at the Election Supervisory Body (Bawaslu). For this reason, in the future, legal reformulation efforts are needed regarding the expansion of the meaning of written decisions to also include factual actions contained in Law Number 51 of 2009 concerning PTUN, and changes to Government Regulation Number 43 of 1991 in the nominal amount of compensation awarded in PTUN according to real conditions regarding factual actions that give rise to PMH by the government.</em></p>

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.

Obavezno osiguranje vlasnika motornih vozila od odgovornosti između slobode ugovaranja i prinudne kartelizacije

The European Union enacted directives on motor vehicle liability insurance to accomplish the goals of free movement of persons and equal protection of third parties against damages caused by using motor vehicles. Serbia has been harmonising its legislation with the EU insurance acquis for several decades. Regarding motor vehicle liability insurance, market liberalisation has been prevented by the Law on Compulsory Insurance in Transport – LCIT 2009. LCIT authorised the Association of Insurers of Serbia to determine minimal premium prices with the consent of the National Bank of Serbia – NBS and stipulated mandatory Bonus-Malus System – BMS. Effectively, the NBS laid down minimal premium prices applicable within the BMS grades and conditions for the application of bonuses and maluses. The author analyses EU legislation and the case law of the Court of Justice related to fixing insurance premiums, mandatory BMS and competition law issues in the motor vehicle liability insurance market. The BMS in several EU member states has been compared with the BMS in Serbia. Competition in the motor vehicle liability insurance market in Serbia has been prevented as a consequence of the fixed premium prices and mandatory BMS. The author has also analysed the negative effects of the current legal framework on the motor vehicle liability insurance market structure, pointing out the static market concentration level and the substantial share of motor vehicle liability insurance premiums in the total insurers’ income. It is essential to amend LCIT without delay to liberalise the Serbian motor vehicle liability insurance market.