Judicial Practice Research Articles

Maize is potentially important for human nutrition and contributes to strengthening food security, parallel to the cultivation of rice. Due to the nutritional value, dietary energy source and the emerging limitations of rice farming in the reduced water supply scenario in India during winter, the growing trend of adopting maize, especially in the rabi season under judicious nutrient management practices, is in high demand. However, fewer findings are available on enhancing the rabi maize productivity with balanced nutrient management in the coastal tracts of West Bengal. Based on the above facts, a field experiment was conducted to study the effect of different doses of phosphorous in combination with Vesicular Arbuscular Mycorrhiza (VAM) and Phosphate-Solubilising Bacteria (PSB) for enhancing growth and yield of maize in rabi season of 2024-25 comprising ten treatments, conjoining biofertilizers either solely without any chemical phosphorous or with different levels of chemical phosphorous separately that can boost the productivity of rabi maize. The P2O5 application at 60 kg/ha, combined with VAM inoculation at 20 g/kg seed exhibited the highest grain yield (5.91 t/ha) and stover yield (8.31 t/ha), as well as all growth and yield parameters, indicating the most suitable synergistic impacts between the bioinoculant and inorganic phosphorus. The aforesaid treatment was closely followed by applying P2O5 @ 40 kg/ha + VAM inoculation @ 20 g/kg, with the grain yield of 5.53 t/ha, and it remained significantly inferior in enhancing the grain yield of maize. The combined impact of 60 kg phosphorus + 20 g VAM/kg seed reflected better plant growth that eventually increased the grain yield of rabi maize, which can be recommended for the coastal areas of West Bengal.

This study aims to analyze the application of the doctrine of vicarious liability in the liability of hospitals for medical malpractice lawsuits in Indonesia. The increasing number of medical disputes raises questions regarding the extent to which hospitals can be held responsible for the negligence of medical personnel working under their authority. This research employs a normative juridical method with statutory, conceptual, and case approaches, by examining the Indonesian Civil Code, Law No. 44 of 2009 on Hospitals, Law No. 17 of 2023 on Health, and relevant court decisions. The findings reveal that, normatively, hospitals can be held accountable under Article 1367 of the Civil Code, which aligns with the doctrine of vicarious liability (Black, 2019). However, judicial practice in Indonesia remains inconsistent: in some cases judges place liability on hospitals, while in others they hold individual doctors fully responsible (Budiman, Absori & Rizka, 2023; Vitrianingsih, Miarsa & Yahya, 2025). This inconsistency demonstrates a gap between normative regulation and juridical implementation. The novelty of this study lies in emphasizing the importance of the principle of justice in applying vicarious liability. Legal protection should not be limited to written norms but must also be substantive by balancing patients’ rights to safe and quality healthcare with the rights of medical personnel and hospitals to legal certainty. This is in line with Rawls’ (1971) concept of justice as fairness and Radbruch’s (2006) idea of balancing justice, legal certainty, and expediency.

The article examines the current problems of implementing the institute of procedural succession in connection with the death of a claimant — an individual in administrative proceedings, in particular during the execution of court decisions related to the collection of payments due to a citizen. The scope of the specified issue covers the intersection of administrative procedural, executive and inheritance law, which makes the practical application of the relevant norms complex and ambiguous. The existing legislative model of succession in enforcement proceedings appears to be overly formalized and burdensome for the heirs of the debt collector, since after Upon the death of an individual — a party to the administrative process, the enforcement proceedings shall be terminated, and the right of claim against the subject of public authority as a debtor requires additional judicial confirmation in civil proceedings. This situation actually complicates the implementation of the constitutional right of heirs to judicial protection and calls into question the effectiveness of the implementation of decisions of administrative courts. The issue of succession in enforcement proceedings after the death of the debt collector is of particular importance in the context of modern judicial practice, which requires the development of unified approaches to ensuring procedural continuity and the actual enforcement of court decisions, rather than the creation of new trials. The article focuses on problematic issues that may arise during the process of replacing a debt collector in administrative proceedings. An up-to-date mechanism for protecting the rights of individuals must be developed by the state to enable the participant in the administrative process to actually exercise the rights and legitimate interests guaranteed by the Basic Law during the restoration of violated rights these rights and legitimate interests in the process of administrative proceedings, however, the institution of replacing a party to enforcement proceedings in connection with the death of the collector when collecting accrued but unpaid funds is complicated.

Cloud farming is an emerging online farming model where owners remotely participate in raising animals or plants without direct contact. The commercialized cloud farming economy represents an innovative development of traditional agriculture leveraging internet technology, characterized by strong online attributes. This paper will conduct an in-depth study on the criminal regulation of online cloud farming economy activities. In recent years, many criminals have exploited the guise of agricultural innovation, breeding numerous crimes within the cloud farming economy sector. These activities exhibit characteristics such as conceptual hype and deviation from the inherent nature of the agricultural industry, involving issues related to illegal fundraising crimes. Challenges include disputes over factual determinations, debates over the legal characterization between the crimes of illegal absorption of public deposits and fundraising fraud, and complexities in identifying participants' legal statuses. To refine the criminal regulatory framework for online cloud farming economy activities, a criminal policy of strict prevention, strict control, and strict suppression. should be advocated. This involves enhancing the criminal classification system at the legislative level, strengthening regulations against behavioral patterns such as promising high returns without genuine business support, and promoting cross-departmental collaborative governance. Moving forward, further refinement of adjudication standards based on judicial practice is needed to enhance the effectiveness of criminal regulation in this domain.

This paper focuses on the determination of the ownership of corporate opportunities from the perspective of the duty of loyalty. Based on Article 180 of the Company Law (2023 Revision), this paper conducts an empirical analysis of cases to extract three dimensions of the determination of corporate opportunities: relevance, realizability and expectable property rights and interests. The study finds that in judicial practice, there is an absence of criteria for identifying corporate opportunities. This primarily reflects in the lack of clear guidance on providing intangible opportunities and the lack of criteria for the determination of the qualifications of new and old companies, which has led to differences in judgment in the process of practice to a certain extent. This paper aims to analyze the judgment dilemma, explore the path reconstruction, and provide theoretical and practical support for unifying the judgment standards and improving the corporate opportunity protection system, which is of great significance to optimize the business environment.

Experimental legal regimes (hereinafter referred to as ELR) are a key link in the digital transformation of the economy, and also play an important role in the era of rapid technological transformation. The author has set the task to determine the functions of ELR in the context of the introduction of various innovations, evaluate their effectiveness and identify key obstacles to their implementation. The purpose of the work is to prepare recommendations on the development of ELR in the Russian Federation and the formation of guarantees for their participants in order to spread legal norms throughout the country, which, in turn, will contribute to the further development of digital technologies. To this end, an in-depth analysis of the legislation of the Russian Federation regulating various ELR, judicial practice, and the current ELR were conducted. The main research methods used were comparative legal analysis, a systematic approach, statistical data processing and the casual study of court decisions. The database of initial data for the study includes Federal laws and other by-laws, reports on the implementation of the ELR, materials of judicial practice and other statistical data. The study confirmed the effectiveness of ELR in reducing bureaucratic barriers and stimulating innovation. At the same time, systemic problems have also been identified, such as the «framework» of the regimes, legal uncertainty at their completion, and lack of guarantees for participants at their completion. It is concluded that it is necessary to introduce investment insurance, the abolition of time and territorial restrictions in regulating successful experiments, as well as tax benefits for ELR participants. The research results can be used by legislative and executive authorities to improve the legal system, reduce risks when testing new legal norms in the context of digital transformation and attract investment in new innovative projects.

Corruption is a crime that can have a broad impact on a state or nation, therefore overcoming it must be carried out with a firm legal approach. One of the most severe forms of law enforcement is the application of the death penalty, as regulated in the criminal law system in Indonesia. This research aims to analyze the ideal regulations and policies for implementing the death penalty against perpetrators of criminal acts of corruption in Indonesia. The method used is a normative legal research method with a statutory approach. The results of the research show that the death penalty for criminal acts of corruption has been normatively regulated in Article 2 paragraph (2) of Law Number 31 of 1999 jo. Law Number 20 of 2001, however, is facultative and is very rarely applied in judicial practice. The formulation of “certain circumstances” as a condition for criminal aggravation still leaves room for multiple interpretations, thus creating obstacles in the application of the death penalty. Other countries, such as China and Vietnam, have set nominal limits on state losses as the basis for imposing the death penalty against perpetrators of major corruption. This provision provides legal clarity and certainty in the enforcement of heavy criminal sanctions. Indonesia can adopt a similar approach by formulating quantitative parameters as the basis for weighting. It is hoped that this reform will be able to provide a deterrent effect and strengthen the legal system in eradicating corruption more effectively.

Corruption is considered an extraordinary crime that has a negative impact on the economy, state stability, and public trust, damaging governance, public services, development, and social inequality. Based on Law Number 46 of 2009 concerning the Corruption Court, corruption cases must be tried in the Special Corruption Court within its jurisdiction. The focus of the study is to explain how the death penalty for corruption is constructed in the concept of legal certainty and how the depenalization of the threat of the death penalty for perpetrators of corruption are based on the value of justice. The purpose of this study is to determine and analyze the construction of the death penalty and the form of de-escalation of the threat of the death penalty for perpetrators of corruption. The research used a normative method (normative law research) and a normative case study in the form of legal behavior products and data obtained through literature studies. Emphasis was placed on secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Related to the context of legal certainty, the structure of the death penalty for corruption shows a significant discrepancy between the written legal standards and the applied judicial practices. According to Article 2 Paragraph 2 of Law Number 20 of 2001 concerning the Eradication of Corruption, perpetrators of corruption can be sentenced to death in several cases. However, the word “can” used in the provision indicates that the application of the death penalty is optional and not mandatory. Based on the value of justice, the depenalization policy is not always effective in protecting perpetrators of corruption from the threat of the death penalty. Because the death penalty is often considered inhumane and does not guarantee a reduction in the level of corruption, this policy is considered to better reflect human rights and substantive justice. Depenalization allows for a more constructive and reformist approach by emphasizing the recovery of state assets, prevention, and proportional punishment.

Introduction. Current legislation uses, but does not define, the concept of a "theatrical and spectacular performance." Modern theoretical scholarship has developed a number of approaches to identifying its content and determining its place within the system of intellectual property rights. Determining where this phenomenon fits in the intellectual property system is of great practical importance, since recognizing it as an independent object would mean establishing a legal regulatory framework for it and acknowledging its intellectual rights, including the "exclusive right" to it as a whole. The article is devoted to analyzing law enforcement practices, various scholarly approaches to defining the place of the "theatrical and spectacular performance" as a phenomenon and object in the intellectual property rights system, and possible mechanisms of its protection. Materials and methods. The study was based on the norms of the legislation of the Russian Federation regulating relations in copyright and related rights, judicial practice materials, and doctrinal research. During the study, general scientific and special legalmethods were used: analysis, generalization, systemstructural, formal-legal, logical, and others. Research results. The study showed that, under the existing legal framework, it is not possible to define a theatrical and spectacular performance as an independent object of intellectual property to which intellectual property rights could be attached. The definition of a complex object, as provided in Article 1240 of the Civil Code of the Russian Federation, implies a special regime of joint existence and use of several interconnected results of intellectual activity. Discussion and conclusion. A theatrical and spectacular performance gives heterogeneous results a unity of perception but does not form an independent object of intellectual rights. The form of this phenomenon does not meet the requirements of objectivity, as it is too susceptible to changes from external factors. Protection of the rights of the organizer of a theatrical and spectacular performance can only be achieved by demanding the cessation of violations regarding the included results, including the director's staging of a performance.

This article examines how annulment of marital property agreements occurs when consent is tainted by vitiating factors. The research object focuses on prenuptial agreements in Indonesia and financial settlement agreements in England. The objective of this study is to analyze the legal framework, judicial practice, and consequences of annulment caused by error, misrepresentation or fraud, or duress in both jurisdictions. Using normative legal research, this study employs statutory, conceptual, comparative, and case approaches, supported by deductive analysis of legislation, jurisprudence, and scholarly opinion. The results show that under Indonesian law, annulment is possible when an agreement is proven to be based on false or misleading information, as exemplified by Denpasar District Court Decision No. 1308/Pdt.G/2019/PN.Dps, which annulled a prenuptial agreement due to misrepresentation. Meanwhile under English law, annulment is recognized in cases of fraudulent misrepresentation, as highlighted in Sharland v Sharland [2015] UKSC 60, where intentional dishonesty invalidated a financial settlement agreement. The conclusion affirms that such agreements are voidable and although annulment safeguards fairness and genuine consent, the division of marital property must still be pursued through separate judicial proceedings as the consequences in both legal systems.

This article analyzes the legal foundations of tax exemption for collective investment funds in the context of forensic economic expertise and contemporary judicial practice. A comprehensive regulatory framework is examined, including the mechanisms of operation of collective investment institutions, established requirements for accounting procedures and tax reporting preparation. Based on an in-depth analysis of judicial practice, including decisions of the Supreme Court of Ukraine, the conditions and criteria for legitimate application of tax benefits in the sphere of tax exemption are substantiated. The peculiarities of real estate investment through derivative contracts are investigated, and scientifically grounded criteria for distinguishing collective investment funds from other sources of financing are determined. Methodological approaches to conducting forensic economic expertise on transactions of collective investment institutions and substantiating the applied tax benefits are developed and recommended.

Purpose The purpose of this paper is to address the research question: What is the current legal environment across European Union (EU) member states in balancing the principles of transparency and confidentiality in public procurement, and how can public procurement practitioners engage with innovative technologies to resolve this conflict in decision-making? Design/methodology/approach This paper uses a combination of dogmatic-normative, comparative, analytical and model-building legal methods to examine how the legislation of all EU member states regulates the issue of data confidentiality in public procurement procedures and whether national frameworks foresee mechanisms for granting access to such information to other participants in the procurement process. The comparative method is applied to identify common features and divergences across all member states, ultimately demonstrating that clear legal rules addressing the conflict between confidentiality and transparency are generally lacking. The dogmatic-normative method serves to interpret relevant legal provisions and case law. In this context, particular attention is given to judgments of the Court in Lazio and the court of justice of the European Union (CJEU), which confirm that the problem has been recognized in judicial practice. Findings Benefits of decision support system (DSS) models powered by artificial intelligence (AI) could be their ability to accelerate and facilitate the classification of data, particularly in distinguishing between confidential and non-confidential information, if properly implemented. This process would then be essential for ensuring compliance with privacy laws and maintaining transparency in procurement procedures. Social implications The development and potential subsequent application of DSS models powered by AI in public procurement, particularly in the context of innovations that balance the protection of confidential information on one hand and access to it on the other, would require close cooperation between legal professionals, procurement authorities and IT specialists. The development and potential use of modern technologies in public procurement procedures, including the issues addressed in this paper, would not aim to replace public procurement practitioners, but rather to facilitate operations in the highly complex legal field of public procurement. Originality/value The paper provides an overview of the importance of confidential information in public procurement, as well as a review of the legislation of all EU member states regarding the normative regulation of conflicts between transparency and confidentiality. It examines whether DSS models are already being applied in public procurement and proposes further development through the use of modern technologies. Specifically, it demonstrates that such applications could potentially assist in resolving conflicts between transparency and confidentiality in public procurement.

One of the key prerequisites for ensuring the stability of the national economy in the conditions of war and deepening crisis processes is the effective functioning of debt restructuring mechanisms and bankruptcy procedures. Given Ukraine's European integration course, studying international experience in reforming the institution of bankruptcy is of particular importance, in the countries of the European Union, as well as in countries such as China, where new modern legislation in the field of insolvency has been introduced. Particular attention is required to the issue of fair, transparent and effective settlements with creditors, including the procedure for satisfying the claims of different groups of creditors, the priority of repayment of obligations, as well as mechanisms for reaching agreement within the framework of restructuring plans. Successful resolution of these issues is critically important for ensuring a balance between the interests of the debtor and creditors, restoring confidence in the financial and economic system and increasing the country's investment attractiveness. Studying the best international practices allows borrowing effective solutions and adapting them to national realities. Therefore, the study of the current state, problems and prospects for reforming the institution of bankruptcy in Ukraine is timely and has not only theoretical but also practical significance for ensuring the economic stability of the state, the development of the legal system and integration into the legal space of the European Union. The purpose of the study is to conduct a comprehensive economic and legal analysis of bankruptcy procedures of state-owned enterprises and their settlements with creditors in Ukraine in comparison with the practices of the European Union countries to identify effective approaches to reforming national legislation. The research methodology consists of the following methods: comparative legal method, analytical method, historical legal method, formal logical method. The study found that the legislative regulation of bankruptcy procedures in Ukraine is gradually approaching European standards, through the implementation of the provisions of Directive (EU) 2019/1023 on debt restructuring and discharge. At the same time, the harmonization process requires not only a formal update of norms but also ensuring proper law enforcement practice. Comparative legal analysis showed that in the EU, the USA and China there are more flexible and economically oriented approaches to preventive restructuring, with special attention to early intervention, rehabilitation of enterprises and preservation of jobs. The Ukrainian model still retains a predominantly liquidation nature of the procedures, which reduces the economic efficiency of bankruptcy as a tool for financial recovery. A particular difficulty in Ukraine is the bankruptcy of state and municipal enterprises, which are often of strategic importance or are closely related to socially important functions. Because of this, the application of general bankruptcy procedures to them is limited, and the rehabilitation mechanisms are ineffective. Analysis of the experience of public-private partnerships in the context of bankruptcy indicates the need to create separate procedures that take into account the specifics of such projects. The effectiveness of enforcement proceedings and the protection of creditors' rights also remain problematic, especially in cases with state ownership. Without increasing the level of legal certainty and predictability of judicial practice, the reform in the field of bankruptcy will remain declarative.

The enforcement of anti-corruption law in Indonesia confronts a fundamental paradox. The vigorous campaign to eradicate corruption often results in an erosion of legal certainty and an increased risk of policy criminalization. This issue stems from the distortion and inconsistent application of the principle of a guilty mind (mens rea), as judicial practice frequently equates state financial loss or procedural errors with malicious intent. This research aims to reconstruct the principle of proving mens rea by proposing a clear and operational demarcation framework. Using a normative legal research method that integrates the statute, conceptual, and case study approaches, this study analyzes data through systematic and teleological interpretation, culminating in deductive reasoning. The findings indicate that jurisprudence empirically confirms a dangerous blurring of these concepts. As a solution, this study formulates a framework that strictly differentiates among administrative error, policy error, and intentional corruption. The fundamental line of demarcation among these categories is the presence of a valid and convincingly proven mens rea, defined as the intent to enrich oneself or others unlawfully. The primary contribution of this study is to provide a juridical parameter to enhance legal certainty and protect the legitimate discretionary space of public officials. Ultimately, this framework aims to restore criminal law to its function as a last resort (ultimum remedium), thereby making the fight against corruption more targeted, just, and legitimate.

In judicial practice concerning the crime of assisting and facilitating information network crimes, cases involving "payment and settlement" scenarios account for the highest proportion. Among these, the determination of the subjective element of "knowing" is the most contentious, directly impacting the distinction between criminal and non-criminal conduct, as well as the delineation between this crime and others. To address these issues, this paper aims to explore corrective measures for judicial determinations of "knowingly" in payment settlement-related aiding and abetting of cybercrime cases. First, guided by the principle of "unifying subjective and objective elements," it proposes establishing precise and operational rules for determining "knowingly" to prevent the crime from becoming a "catch-all." Second, it accurately distinguishes between aiding and abetting cybercrimes and related offenses through comprehensive assessment of multiple factors, including the perpetrator's stage of involvement in the crime. Finally, based on a rebuttable presumption rule, it establishes a "rebuttable presumption" mechanism to prevent the improper expansion of the crime's scope. This provides theoretical support and adjudication guidance for judicial practice while safeguarding citizens' legitimate rights and interests and maintaining the order of online financial activities.

The significance of the examination of cases and the issuance of final judgments by courts is multifaceted and encompasses several key aspects. Courts are among the primary institutions that ensure the supremacy of law. They guarantee the proper application of legislation and the fair resolution of legal disputes. Final judgments provide a legal safeguard for the protection of citizens’ rights and freedoms. Through the rendered court decision, the instability existing within a disputed legal relationship is eliminated, and it acquires certainty, stability, and general binding force in terms of substantive law. This creates a legal opportunity for the unhindered realization of rights or interests protected by law, thereby ensuring the protection of violated or disputed subjective rights. The purpose of this article is to analyze, in an academic manner, the concept, legal nature, main types, and legal effects of court decisions in civil cases, as well as to develop recommendations for improving the quality of such decisions, taking into account current legal practice and scholarly literature. The article employs a parallel approach to the use of legal norms, legal scholarship, and judicial practice.

Background: Vancomycin-resistant Enterococcus (VRE) has emerged as a major nosocomial pathogen. A recent surveillance of our hospital identified a concerning rise in VRE bacteremia since 2020, despite the stable use of broad-spectrum antibiotics. This trend, coupled with the increased use of daptomycin and linezolid for drug-resistant Gram-positive bacteremia (GPB), prompted an evaluation of their usage beyond approved hospital indications. Methods: A retrospective analysis was carried out from 1 February 2023 to 31 July 2023, during which 100 and 195 patients received linezolid and daptomycin, respectively. Patients’ data were extracted from the hospital’s electronic medical records, and the appropriateness of the antibiotics prescribed was assessed. The amount of daptomycin and linezolid utilization during the study period was also retrieved, as was the incidence of VRE bacteremia. Results: A total of 295 courses of VRE-active agents, linezolid (n = 100) and daptomycin (n = 195), were assessed for appropriateness in this study. Linezolid and daptomycin use were judged as inappropriate 5.0% and 9.2% of the time, respectively. The primary reason for inappropriate linezolid use was overly broad empirical therapy where first-line options like cefazolin and vancomycin could have been prescribed. Daptomycin was often used inappropriately in non-VRE infections, and surgical prophylaxis or use was extended unnecessarily without microbiological justification. Conclusions: Linezolid and daptomycin were prescribed appropriately. Nevertheless, our findings suggest the need to re-evaluate the empirical treatment strategies especially in VRE-colonized patients. Implementation of robust risk-based criteria as well as in-house hospital guidelines or protocols on the initiation of VRE-active agents may help support more judicious prescribing practices of these agents.

The article examines the legal grounds for termination of rights to land plots and their classification. An analysis of the current legislation in the field of compulsory termination of rights to land plots for the purpose of their further transfer for subsoil use is carried out. Indeed, in the current conditions in Ukraine, the issue of compulsory termination of ownership or use of land plots for the purpose of their transfer for subsoil use is becoming increasingly relevant, given the public need. The current judicial practice regarding the resolution of land disputes in this area is considered. Particular attention is paid to the compulsory termination of ownership rights to agricultural land and its subsequent transfer for subsoil use. Judicial practice in the context of compulsory termination of ownership or use of land plots for the purpose of transferring them for subsoil use demonstrates that public interests take precedence over private interests. The issue of ensuring the rights of both land owners and land users remains important, especially in cases where the land plots are transferred for use to third parties. It is concluded that compensation for losses incurred in the process of acquiring and exercising land rights by subsoil users and the value of land plots is one of the key guarantees for the protection of land, property, and other legitimate rights and interests of land owners and land users. It is advisable to provide in land legislation for the possibility of choice for owners of land plots subject to compulsory alienation: either to transfer them to state ownership or to independently conclude a lease agreement with interested parties for the purposes of subsoil use. Thus, research into the compulsory termination of land rights of owners and land users for the purpose of transferring land for subsoil use is relevant and requires separate attention. Despite this, there are still some issues that require clear definition and consolidation at the legislative level. Overcoming the existing shortcomings requires systematic reform of the regulatory framework, harmonization of the provisions of the Land Code of Ukraine and the Code of Ukraine on Subsurface Resources, as well as ensuring the unification of approaches in judicial practice.

The article examines the problem of the spread of corruption manifestations in the land legal sphere of Ukraine through the prism of shortcomings in land legislation that contribute to the formation of corruption risks. The author analyzes the practical aspects of applying the legal model of acquiring rights to land plots of state and municipal property without applying the land auction procedure in the presence of real estate objects (buildings, structures) on the land plot owned by individuals or legal entities. In particular, the article provides a legal analysis of the Supreme Court’s case law in cases brought by the prosecutor’s office, where the area of land plots provided on a non-competitive basis for use by legal entities significantly exceeded the area of land plots necessary for servicing real estate objects (buildings, structures) located on them. Along with this, the example of the decisions of the Kyiv City Council shows real law enforcement practice, demonstrating typical schemes for allocating land plots under real estate objects, which contradicts the practice of the Supreme Court. The diversity of judicial and law enforcement practices is due to the very norm of paragraph 2, part 2, article 134 of the Land Code of Ukraine, which does not make the possibility of acquiring ownership or use of a land plot without applying the land auction procedure dependent on the area of the building or structure. In addition, the land legislation does not determine the conditions and procedure for calculating the area of land resources that is sufficient to service buildings and structures located on the site when it is transferred to the owner of buildings and structures for ownership or use. The above-mentioned legal situation, which creates different approaches in court decisions and different-vector law enforcement practice, contains a corruption-generating risk, which cannot be eliminated by judicial decisions of the Supreme Court or prosecutorial responses, given the number of similar cases and different interpretations of the norm of paragraph 2, part 2 of Article 134 of the Land Code of Ukraine. Therefore, corruption risks can be eliminated only by means of regulatory and legal regulation of the procedure and standards for allocating a plot for servicing buildings and structures in a separate article of the Land Code of Ukraine, to which paragraph 2, part 2 of Article 134 of the Land Code of Ukraine should refer. The materials of the article can become the basis for the formation of relevant legislative initiatives.

Majority rule and protection of minority rights are the opposites of constitutional democracy. A perfect situation exists where the people are the sovereign in the aspect of democracy, but on the other hand, targeting the individual forms, uncontrolled majoritarianism can destroy the rule of law at the expense of the individual. The constitutional courts, the protectors of constitutionalism, have the delicate role of balancing the popular sovereignty and the constitutional fundamental rights. The paper will analyze how the constitutional courts changed their role in resolving the tension between the democratic decision making and protection of the marginalized community. It discusses the role of the judicial review as a counter-majoritarianism mechanism to ensure constitutional morality, which is inconsistent with the majority. Using comparative jurisprudence of the United States, India, Pakistan, and South Africa, the research points to the judicial practices in the countries that strike a balance between democratic legitimacy and the substantive justice. The discussion concludes that courts that are constitutional ought to not be legitimate because they are deferring to the majority, but rather because their decisions are based on principle and ensure that all citizens are dignified and equal. Finally, the paper suggests that a sustainable constitutional democracy must be based on a harmonious relationship between majority rule and judicial safeguarding of minorities, and that this balance must reaffirm not only the democratic ethos, but also the supremacy of fundamental rights.