Codification Of Law Research Articles

Bringing to Academic Responsibility for Violation of Academic Integrity: Theoretical and Applied Problems of Regulation

Problem setting. The article highlights problematic issues related to academic responsibility for violations of academic integrity of participants in the educational process. Attention is drawn to the fact that a significant shortcoming of the Laws of Ukraine «On Education» and «On Higher Education» is the absence of such definitions as «academic responsibility», «types of academic responsibility», «academic misconduct», which significantly complicates the bringing to academic responsibility of pedagogical , scientific-pedagogical and scientific workers of educational institutions and students of education in practice. Analysis of recent researches and publications. A. Artyukhova, V. Zinchenko, Y. Kalinovsky, M. Ozhevan, O. Tytska, O. Chumak and others scientists have addressed the issue of academic integrity in their works. The scientific conclusions and approaches to the vision of these scholars are an important basis for our study. Target of the research is to study and comprehend the problematic issues of bringing to academic liability for violation of academic integrity of participants in the educational process. Article’s main body. Based on the analysis of current legislation, the author formulates a definition of the term “academic liability” and establishes its place in the general system of legal liability. The author’s definition of the term «academic responsibility» is proposed: this is a type of legal responsibility that arises for the violation of the academic integrity of pedagogical, scientific-pedagogical and scientific employees of educational institutions, students of education in scientific institutions and educational institutions and entails negative consequences of state influence in case of committing them of an academic offense. A critical assessment of the list of violations of academic integrity is given. It is noted that in the current educational legislation there is no differentiation of violations related to the training of highly qualified personnel (master’s students, doctoral students, etc.). Attention is drawn to the fact that the Law of Ukraine «On Education» establishes a list of violations of academic integrity, in which offenses that are completely different in terms of the degree of social damage, for example, self-plagiarism and bribery, are placed in the same row/ The author established that the Law of Ukraine «On Higher Education» contains a list of sanctions for violation of academic integrity not for all participants of the educational process, but only for pedagogical, scientific-pedagogical and scientific employees of educational institutions and students of education. Amendments to the current legislation regarding the clear definition of objective criteria for the selection of the type of academic responsibility for a specific violation of academic integrity are proposed. Conclusions and prospects for the development. It was concluded that academic responsibility is a multi-meaning concept, in particular, a type of social, corporate, moral-ethical, legal responsibility, is a type of state coercion. It is proposed to harmonize the provisions of the educational legislation with the Code of Criminal Procedure of Ukraine, the Civil Code of Ukraine, the Criminal Code of Ukraine and other laws, which will regulate the types and measures of punishment for violating academic integrity. It is proved that academic responsibility can be legal (civil, labor, administrative, criminal), social, moral and ethical, corporate responsibility. Thus, academic responsibility intersects with legal responsibility. The need to establish the definition of the concept of «academic responsibility» at the legislative level and to regulate in detail all procedural aspects of bringing the participants of the educational process to academic responsibility is argued.

Review of Islamic Law and the Criminal Code Against the Practice of Adultery

Punishment has also been determined This article aims to describe the review of Islamic law and the criminal law code against the practice of adultery. A very bad act not only from an Islamic point of view but also from the point of view of the Criminal Code. However, by using the method of comparative analysis found differences between Islamic Law and the Criminal Code in defining the term adultery and its legal consequences. Sexual relations between young couples are not categorized as adultery in the Criminal Code because they are not currently in a legal marriage bond. The Criminal Code also does not ensnare adulterers who do not comply with Article 27 BW even though they are in a legal marriage bond. In addition, if the husband or wife of the adulterer gives permission to his partner to commit adultery, then Article 284 cannot prosecute him. Meanwhile, in the view of Islamic law, every sexual relationship outside of legal marriage ties is categorized as an act of adultery, and the in the Koran

IS LIFE IMPRISONMENT WITHOUT PAROLE OR COMMUTATION AN EFFECTIVE ANTI-CORRUPTION MEASURE FOR CHINA?

New legislation adopting a tough criminal stance on the crimes of corruption and bribery responds to the need for strengthening Chinese anti-corruption work. The ninth amendment to the Chinese Criminal Law Code, which adds life imprisonment without parole or commutation, has received broad support from all sectors of society. The aim of the amendment, as stated by the legislature, is to safeguard judicial fairness and prevent criminals convicted of the most serious corruption offences from having their prison sentences shortened through commutation. This stated legislative aim is not acceptable. Whether from the perspective of deterrence or alternative measures to the death penalty, the approach of adding life imprisonment without parole or commutation in order to punish the corrupt is not ideal. This article argues that, given the particular nature of crimes of corruption and given the disadvantages of life imprisonment without parole or commutation, restraint in the use of the death penalty does not mean that life imprisonment has to be used as an alternative measure. Moreover, the death penalty with a two-year reprieve is sufficient for realising retribution and prevention as aims of punishment.

Timber as a Marine Resource: Exploitation of Arctic Driftwood in the North Atlantic

Abstract The North Atlantic islands of the Faroe Islands, Iceland and Greenland have always been relatively poor in terms of native timber resources, due to their cold climate and exposed topography. Nevertheless, timber was vital to the material culture of the Norse settlers of these islands, and driftwood often met this need. As in subarctic Norway, where trees are also scarce, driftwood use and ownership were prescribed in medieval law codes. Historical documentary evidence shows that wealthy landowners bought driftwood rights as valuable assets, and ethnohistorical sources reveal a wide range of local and regional customs related to driftwood exploitation. However, driftwood was an unstable resource, and its delivery depended on a range of unpredictable factors related to climate and ocean currents. There is also ongoing debate regarding the relative importance of imported timber, which is for example often referenced in the Icelandic sagas. The use of driftwood is difficult to demonstrate through macroscopic, microscopic, or (geo-)chemical analysis. Similarities in the microscopic anatomy of boreal wood taxa preclude definitive provenancing through taxonomic analysis, and material traces of immersion in seawater are often either impermanent or ambiguous, especially in archaeological wood remains. This paper presents a comprehensive review of current historical and archaeological research on the exploitation of driftwood timber in the Medieval North Atlantic and explores potential future directions in this field. Furthermore, it asserts that this line of research should be pursued with some urgency, as anthropogenic climate change threatens both driftwood delivery and the preservation of archaeological wood remains.

The "Sense of the Faith" in History: Its Sources, Reception, and Theology by John J. Burkhard (review)

Reviewed by: The "Sense of the Faith" in History: Its Sources, Reception, and Theology by John J. Burkhard Jared Wicks S.J. The "Sense of the Faith" in History: Its Sources, Reception, and Theology. By John J. Burkhard, OFM Conv. (Collegeville, MN: Liturgical Press Academic. 2022. Pp. xiv, 442. $59.95. ISBN: 9780814666890). John Burkhard taught ecclesiology at the Washington Theological Union from the 1990s until the Union's closure in 2015, with service as its President in 2006 and 2008–09. Theologians will know Burkhard's ample bibliographies of post-Vatican Council II studies of the sensus fidei published in Heythrop Journal in 1993, 2005, and 2006. The volume reviewed here is also extensive bibliographically, offering a chronological list of nearly 400 studies of the sensus from 1940 to 2000. The importance of Burkhard's work rests on the centrality of the sensus fidei in Vatican II's teaching, as brought out recently in several passages of Ormond Rush's theological summa of the Council, The Vision of Vatican II (Liturgical Press, 2019). For the sensus fidei is a key dimension of a basic theological principle of the Council, namely, faith's graced adherence to God's saving revelation. The sensus is the capacity, sometimes called an "instinct," given by the Holy Spirit's "anointing" (1 John 2: 20.27), to enable the believer and the believing community to lay hold of God's word in its true meaning while dismissing inauthentic versions. It is at the heart of living faith in personal adherence, penetration of revealed meaning, and the application of God's word to life in the Lord (so, Lumen gentium 12, also 35, with Dei verbum 8, and Gaudium et spes 44 and 62). In ten substantial chapters, Burkhard presents the history of treatments of the sensus fidei in Catholic teaching, both by theologians and the magisterium, beginning with scattered references to doctrines held by an unexplained "sense of the church" both before Trent and in that council's decrees. Learned accounts treated the sensus in nineteenth-century works by Johann Adam Möhler, Giovanni Perrone, and John Henry Newman, with its importance being sealed by Pope Pius IX's consultation of the Catholic people's consensus in adhering in faith to Mary's Immaculate Conception, as a step to the dogmatic definition of 1854. In the twentieth century, two Dominicans treated the sensus, first as a major factor in doctrinal development (Francisco Marin-Sola) and then as the instinctive wisdom of the believer's graced sensibility (Mannes D. Koster). After the dogmatic definition of Mary's Assumption in 1950, the Alsatian Redemptorist Clément Dillenschneider promoted attention to the sensus fidei while relating it to the Church's lex orandi, while Yves Congar's Lay People in the Church (originally 1953) situated the sensus in God's spiritual endowment of the whole Church to enable it to carry out its share in Christ's prophetic office. [End Page 385] Burkhard relates the iter of the sensus fidei through the labors of Vatican Council II, beginning textually with a later chapter of the 1962 schema De ecclesia, which contrasted public opinion in the Church with the grace-effect that enables the believing people to respond obediently to proposed teaching and understand its meaning. In early 1963 a transformed ecclesiology schema located the sensus in a new second chapter on the whole people of God, who are indefectible in believing, taught and anointed as they are by God (Jn. 6:45; 1 Jn. 2:20.27), for carrying out in the world Christ's offices of priest, prophet, and royal servant. The aula discussion of 1963 led to several refinements now in Lumen gentium 12, which distinguishes sharply the one sensus of all believers from the great variety of charisms for special callings, with the former leading believers to adhere to what is truly the word of God (1 Thes. 2:13), both grasping its depths and applying it more completely in life. Burkhard treats the reception of Vatican II's doctrine of the sensus fidei in several venues, as in ecumenical dialogue documents, in the new codes of Catholic canon law, in papal teaching, especially by...

Environmental sustainability performance and shareholder value: an international fuzzy-set qualitative comparative analysis

PurposeConsidering corporate governance (CG hereinafter) practices' variety across Anglo-American and European countries, this study relies on contingency and complexity theories to investigate the effect of environmental sustainability performance (ESP hereinafter) on shareholder value under various configurations of board of directors (BoD hereinafter), firm and country characteristics.Design/methodology/approachThe author used the Thomson Reuters Environment Pillar Score (ASSET4) and the Total Shareholder Return to assess ESP and shareholder value respectively. The author applied a fuzzy-set qualitative comparative analysis (fsQCA hereinafter) to an unbalanced panel of 2,284 observations from 486 European and Anglo-American non-financial listed firms over the period 2016–2020.FindingsThe author found a positive association between ESP and shareholder value and he displayed notable differences between Anglo-American and European economies regarding causal predictors of this positive association. Within European firms operating under civil law code where investor protection is low and family ownership is widespread, ESP creates shareholder value under configurations of causal predictors that significantly differ from those of their Anglo-American peers. The author's findings are robust to different identification strategies.Practical implicationsThis study assists researchers, practitioners, shareholders and policymakers the significant roles that BoD diversity, organisational and institutional traits are jointly playing as determinants of the ESP-shareholder value relationship.Originality/valueThe author's study offers a more encompassing, complete and theoretically richer picture of the key drivers and outcomes of ESP.

REFORM OF THE CRIMINAL LAW OF ACTIONS ABOUT THE MISUSE OF FIRE WEAPONS IN INDONESIA

Since March 8, 1946, the Criminal Code has been used as criminal law in Indonesia, although changes have been made several times in the criminal law code. It is now realized that the Criminal Code is no longer able to accommodate the aspirations of the people who are developing rapidly due to several factors. The development of crimes that occur in society is also evidence that the Criminal Code does not provide legal protection to the community. In analyzing criminal law, one must pay attention to the social norms and standards that have been established and applied by the criminal law. As a result, social norms turn into legal norms. In the context of a democratic society, congruence eventually occurs between various social norms, through social ethics and legal norms. The development of punishment raises the idea or principle of punishment, making the convict a subject rather than an object so that he views the convict as a whole human being. by the Indonesian people, which has received social attention as a result of the search for alternative punishments for other independence crimes.

Mobbing: causes and ways to overcome

The article is devoted to highlighting one of the current problems - preventing mobbing at the workplace and overcoming it, as well as clarifying the causes of this negative phenomenon in order to understand its nature. The changes made to the Code of Labor Laws of Ukraine regarding for the prevention of mobbing were analyzed. Attention is focused on the fact that although the legislator has introduced legal mechanisms for protection against mobbing at the workplace, some issues in practice remain open. Such a problematic aspect as the non-regulation at the legislative level of the manager's procedure in case of mobbing facts at the enterprise is detected, because the psychological situation in the work team led by him depends on his attitude to them, as well as the implemented preventive measures to combat mobbing.
 Different approaches of scientists to the interpretation of the concept of "mobbing" were analyzed, based on which the most general definition was derived. It is noted that mobbing is a complex social phenomenon with negative consequences that are manifested in various spheres - psychological, industrial and economic, health care, moral, so in order to understand its nature, it is also studied in the context of management and psychology, sociology, ethics and medicine . Therefore, mobbing as a subject of research is multidisciplinary. It is noted that the manifestations of mobbing in the modern industrial and economic sphere for various reasons (high competition, pragmatic approach to building a career, personal defects - vanity, boasting, envy, superior attitude towards colleagues, etc.) are becoming more and more widespread in labor teams. It was emphasized that mobbing can be done by any member of the team, regardless of age, gender, nationality, or, for example, the duration of work in this team or position - both an ordinary employee and his manager.
 It was found that the causes of mobbing are different in nature, mainly psychological. A single and general basis for influencing the victims has not been determined yet. It is established that they are individual for each specific case and depend on various factors, often not directly related to the work function of the affected persons. The authors have characterized and analyzed in detail the features and behavior patterns of mobbers and persons who may become victims of mobbing. Attention is drawn to the difficulty of proving the facts of harassment at the workplace by the manager.
 The opinions of scientists regarding ways to prevent and overcome mobbing at the workplace have been analyzed. It has been proven that it is practically impossible to completely avoid it, since at any enterprise there may be objective reasons that contribute to the aggravation of the situation. The conclusions form and propose ways to overcome this problem, namely: to oblige the employer to create a position at each enterprise, institution, organization, whose job function includes studying the influence of psychological, economic and organizational factors of production on the labor activity of employees of the enterprise, institution, organization for the purpose of developing measures to create favorable working conditions and increase its efficiency; introduce a mandatory discussion of the general atmosphere, interpersonal relations of employees at a specific enterprise, institution, organization at general meetings of the labor team and, based on their results and own professional observations, conduct a systematic analysis of the psychological state of the team.

Household members: problems of legal status

The article carries out a comprehensive study of the legal status of household members as a subject in labor relations regarding the use of domestic work in accordance with the ILO Convention on Decent Work for Domestic Workers, the state of its implementation in Ukraine, proposals for improving national legislation in order to effectively implement the rights of domestic workers .
 The topicality of the topic is due to the fact that Ukraine has come close to completing the ratification process of the ILO Convention on Decent Work for Domestic Workers. Currently, a corresponding draft law has been developed, which aims to supplement the Code of Labor Laws of Ukraine with provisions aimed at regulating the relations of domestic workers under an employment contract with an individual. Therefore, domestic workers will be included in the scope of labor law, and members of the household will acquire the powers of the employer within the scope of the employment contract. At the same time, one of the members of the household will become a party to the employment contract - the employer.
 An attempt was made to define the concepts and characteristics of household members based on the analysis of the ILO Convention on Decent Work for Domestic Workers, the current legislation of Ukraine and the results of the legislative work. In particular, in Ukraine it is proposed to use domestic work on the basis of an employment contract only for individuals who are primarily united by such important features as living together in the same residential premises (residential building) or part of it, running a joint household, fully or partially combining their funds and their expenses. It has been proven the need to refer to household members as well as persons who, although they do not fall under the characteristics of household members, but are family members within the meaning of Art. 3 of the Family Code of Ukraine.
 It is argued that the Convention uses the term "household" to refer to the employer, which in translation from English means both a group of people who live together and applies to a house, an apartment and the people who live there. It is reasonable to believe that the Convention does not prohibit the use of domestic work by legal entities, but allows the establishment of restrictions by national legislation.

Council code and the socio-political evolution of Russia in the second half of the 17th century

The article is devoted to the study of the place of the Sobornoje Ulogenie Code in the evolution of social institutions in Russia by studying the legislative activity of the government and administrative practices. The purpose of the study is to find out where the gap lay to a greater extent, and where the continuity can be traced in the system of state building and law - between the law of the 1620s-1640s. and the Code, or between the Code and the law of the second half of the XVII century. It is concluded that the continuity can be traced to a greater extent between the law of the 1620s-1640s. and the Council Code, which inherited from the previous legislation a set of legal norms that were revised and generalized in the new code of laws. The legal norms of the Code and new decree articles, including the concept of a crime against the state, a ban on the reception of fugitives, and the reconstruction of settlements, adopted in the second half of the 17th century, were formed by reworking the previous legislation. The evolution of the system of state building and the legal registration of the social class structure of society in the second half of the 17th century was of a discrete nature. Many essential segments of law in the Code are declarative and lack legal and technical tools: the proclaimed indefinite investigation of fugitive peasants could not be effectively implemented without an established system of state investigation, which arose only in the 1660s. The vast majority of articles of the Code were significantly changed in the legislation of the second half of the 17th century; these changes affected the norms describing the estate-class structure of society, including the forms of exercising the rights of the ruling elite to serfs, the rights and status of townspeople and other categories of taxable people.

The law of war as a source of contemporary branches of international law

Branches of international law arise mainly as a result of the following factors: 1) complications of international legal consciousness (international human rightslaw, international security law, international environmental law, international criminal law, etc.) and 2) technological progress (international air, space, nuclear law, relevant innovations in international maritime law, etc.). Under the influence of the same factors, new institutions are formed within existing branches (responsibility for international crimes, prohibitions of genocide, prohibitions of apartheid, responsibility for environmental pollution, instant custom, etc.). The article examines the mechanism of formation of the international humanitarian law, the law of armed conflicts, international security law, international human rights law, and international criminal law. It is claimed that they are based on a traditional section of pre-classical international law - the law of war. The first attempts to regulate the conduct of armed conflicts formed the basis for the creation of these branches. The first scientific systematization of international law was one proposed by Hugo Grotius. The scholar proposed to divide the system of this law into two interrelated components - the law of war and the law of peace. Grotian systematization formed the basis of further scientific systematics of international law in the 17th-19th centuries. The Hague Peace Conferences changed the traditional view of the division of international law into the law of war and peace. The Hague peace conventions influenced on formation of the international humanitarian law. The 20th century became a period of active formation of new branches of international law within the framework of the process of "codification and progressive development of international law" under the auspices of the United Nations. So the traditional law of war gave birth to several branches of modern international law.

Standards of the European Union (DCFR) in the sphere of regulation of non-contractual ob-ligations and problems of their harmonization in the inheritance law of Ukraine

Within the scope of this article, an analysis of the situation existing in the field of unification of those norms of national law of Ukraine, which directly regulate non-contractual obligations arising as a result of the death of a natural person, or his recognition as deceased in the field of inheritance law, is carried out. The specified non-contractual obligations in inheritance law are possible thanks to the structure known in Roman law as "legatum", and, quite successfully, entered into the current private law of most countries of the European space. In the civil legislation of Ukraine, this construction is called "testamentary disclaimer", it is an order of the testator, which is established in the will, and provides for the possibility of imposing on the heirs under the will the obligation to realize certain property benefits for the benefit of third parties - beneficiaries.
 Similar constructions are provided for by private law codifications of other European states, including the states that are members of the European Union. At the same time, despite the similarity of the legal nature of this institution, as of today, there is no single legal mechanism in the legal regulation of legal relations that are similar in nature in this area.
 At the same time, it is appropriate to consider the Project of a common reference scheme, which includes principles, concepts and model rules of European private law (Principles, Definitions and Model Rules of European Private Law. Draft Common Frame of reference (DCFR).
 In the work, the types of non-contractual constructions provided for by the DCFR are formed, distinguished and analyzed, primarily, their dialectical classification, architecture and place in the system of inheritance law. Emphasis is placed on rethinking and solving some problems in the inheritance law of Ukraine, from the point of view of new world realities.

REVOCATIONS OF NOTARY DEEDS BY COURTS FROM THE PERSPECTIVE OF LEGAL CERTAINTY IN INDONESIA

Article 1870 of the Civil Code states that an authentic deed provides, between parties and their heirs or persons who have rights from them, a perfect proof of what is contained therein. Thus, an authentic deed which is concluded by a notary will be a perfect proof for the parties. In the making of an authentic deed, in order to make it a perfect proof, a notary must hold fast to Law of Notarial Position and notarial code of ethics. The research method used in this study is by using primary and secondary data. Primary data were obtained through in-depth interviews with several respondents who are notaries in Indonesia; and secondary data were obtained through documentation study. The results showed that there was a fact where many notarial deeds were revoked by the Court because the process of the making the deeds in question was not in accordance with the Law of Notarial Position and notarial code of ethics. The role of the notary in civil law actions is supposed to guarantee legal certainty for the parties (the appearers) in civil law actions, which is by constating or concluding deeds.

Pidana Aborsi Dalam KUHP

This research was conducted using a normative juridical approach because it uses secondary data as the main data source, which is based on primary legal materials, namely the criminal law code, law no. 36 of 2009 concerning Health, secondary legal material in the form of references to several existing journals, notes and other sources. The results of the study can be concluded that only the Health law allows a woman to have an abortion on the grounds of hereditary disease which causes the baby to be physically disabled. And the implementation of handling the criminal act of abortion for any reason is prohibited according to the criminal law code. Therefore, it is hoped that law enforcers can provide severe and appropriate punishment to the perpetrators of the abortion, so that the perpetrators get a deterrent effect on the abortion they perform. Therefore, several places that are prone to having an abortion must be monitored and checked, so that abortion activities do not occur, which are prohibited by law. According to Law No. 36 of 2009 concerning Health, it is only permissible for a woman to have an abortion in a medical condition. Because even though the abortion process had an impact on the woman who was aborted. Meanwhile, according to the law, Article 346 of the Criminal Code states that the threat of imprisonment for 4 years is for a woman who deliberately or orders another person to kill or abort her womb.
 keywords: crime, abortion, KUHP

The Codification of Islamic Criminal Law in the Sudan. Penal Codes and Supreme Court Case Law under Numayrī and al-Bashīr, written by Olaf Köndgen

The Codification of Islamic Criminal Law in the Sudan. Penal Codes and Supreme Court Case Law under Numayrī and al-Bashīr, written by Olaf Köndgen

Instead of the Electoral Code of the Russian Federation

The subject of the study is the legal norms regulating public relations regarding the functioning of institutions of direct democracy in the Russian Federation, as well as drafts of the electoral Code of the Russian Federation and the opinions of scientists on the need to develop and adopt a federal electoral code, as well as the definition of the codification of law as such. The author comes to the conclusion that the previously proposed draft codes are not inherently codification products, since they basically reproduce the norms of existing legislation instead of radically changing it. At the same time, similar problems exist not only with regard to the right to vote, but also in the legal regulation of other institutions of direct democracy.As a result of the conducted research, the author comes to the conclusion that in order to realize the democratic nature of the Russian state, increase the efficiency of the functioning of direct democracy institutions, reduce their dependence on the discretion of public authorities, increase the guarantees of citizens for access to them, it is possible and necessary to develop, widely discuss and adopt the Code of Democracy of the Russian Federation. In the work, the author sets out the original concept of the code, in particular, justifies its name, the form of the federal constitutional law, and also describes the proposed structure of the code, which should include general provisions, sections on subjects of direct democracy, on the functioning of individual democratic institutions, as well as a section on the infrastructure of democracy.

The transformation of carceral practices in Pennsylvania: from William Penn's Great Law to the Penitentiary House at Walnut Street Prison

The article analyzes the transformation of carceral practices in Pennsylvania (1682–1790) in the context of changes in criminal laws: from the formal consolidation in the Code of Laws of 1682 of reformatories with hard labor to the organization in Philadelphia in 1790 of the first penitentiary house with a regime of solitary confinement.
 It is defined that before the states gained independence, correctional houses, if they functioned in some cities, then as institutions of forced labor and the purpose of correction was not before them. The Revolutionary War for Independence had a decisive impact on the reform of the penal system, which resulted in the adoption of the state constitution, which contained a prescription to revise the penal system. The Criminal Law of 1786 established the main punishment for serious crimes as imprisonment combined with hard labour, but the regime of imprisonment did not change in any way, and public hard labour was recognized as ineffective.
 It is established that the main actors in the further search for a model of serving a sentence of imprisonment in Pennsylvania were members of the Philadelphia Society for Alleviating the Miseries of Public Prisons. The main steps of the reformers in 1788-1790 were aimed at introducing legislative changes in the field of execution of punishments with an emphasis on solitary confinement based on the practical experience of reformatories in England and prison theory. As a result of the Society's initiatives, in 1790, An Act to reform the penal laws of the state was adopted, in which the main elements of the sentencing regime were hard labor and unremitted solitude in order to correct criminals and prevent new crimes. For this purpose, it was prescribed to build a separate building with single cells in the yard of Walnut Street Prison for the detention of dangerous criminals. The law established a mechanism for control and supervision of the prison, as well as regulated the regime principles of serving the sentence, which were largely borrowed from the experience of English workhouses.

Civil-legal regulation of the treasure: a historical-legal study

In this article, the author conducts a study of the formation and development of civil legislation, which determines the legal regime of the treasure. The author started this research from the time of Ancient Rome, where for the first time legislation was formed that determined the ownership of the treasure. It is noted that the modern civil law of Ukraine inherited the legal traditions of Roman law regarding the institution of treas- ure through the legislation of the Grand Duchy of Lithuania and the Hetmanship.A detailed review of the norms of Roman private law is carried out, which defines the range of subjects who may have ownership of the treasure: the owner of the land plot, the person who found the treasure, and the state. It is indicated that in the VI century not. Justinian’s Digests define treasure and distinguish between it and property that has an owner.The formation and development of the institution of treasure in Ukrainian lands since the Polish-Lithua- nian period is analyzed, since until then it had developed exclusively on a customary basis. The II Lithuanian Statute of 1566 is studied, as well as its influence on the code «Laws by which the Little Russian people are judged» of 1743 in matters of civil law regulation of the treasure. It is noted that the last legal code further developed the institution of the treasure, enshrining special norms that determine the property of the treasure to the previous owner of the thing and the state.Attention is drawn to the legislative regulation of the institution of treasure in the Russian Empire (Vol- ume X Code of Laws of the Russian Empire) and Soviet times (Central Committee of the Ukrainian SSR 1963). It is noted that the principled approaches regarding the recognition of ownership of the treasure of the specified periods were not adopted by Ukraine.The article analyzes the scientific developments of scientists of the 19th and 20th centuries regarding the institution of treasure in civil law.

Genesis of Harm and Losses in Civil Law Doctrine. The Factor of European Science

The works of the first Russian jurists on the problem of compensation for damages in civil law are not sufficiently used in scientific works on this topic. This article can fill in the gaps and be of interest to specialists in this field of research. The author has studied and compared the main works on civil law compensation published before the revolution of 1917. It was found that the science of civil law has moved away from the consideration of universal claims for damages as a remedy and focused on the interpretation of damages as a sanction for an offense. Modern authors repeat the four-level structure of consideration of compensation cases adopted and developed in the Soviet period and the influence of the following conditions: illegality, causality, guilt, proven material damage, lost profit. The author comes to the conclusion that it is necessary to return to the ideas that existed before the Russian Revolution and use them to improve the existing theory of compensation for damages and losses.Russian pre-Soviet civil law initially proceeded from the concept of responsibility only for behavior, since the category of «illegal actions» was introduced in Article 684 of the Code of Laws of the Russian Empire. Due to the developing industry, separate laws provided for payment as the equivalent of property losses for any material damage from dangerous activities, that is, for the materialized risk. In the Draft civil code of the Russian Empire, branched norms on responsibility for lawful actions appeared. A proper scientific generalization of this approach and phenomenon has not yet been made. The Civil Code of the Russian Federation has a norm on compensation for damage due to lawful actions, when it is specified in the law, but not on recovery of damages.

Prophetic Law and Social Engineering: The Interaction between Religious Legal System and Customary Local System in Respect to Maintain and Promote Religious Values in Indonesian National Legal System

Legal system development certainly cannot be separated from sociological developments that include customs, norms, culture, and religion. In terms of rapid economic development, no doubt, a country is required to have a rule of law that can accommodate these needs and could cover various sociological spectrums that exist and are constantly changing within its people. Indonesia as a country with the largest Muslim majority in the world, while the notion of the whole state is based on Pancasila with diverse customs and cultural norms is certainly faced with several challenges, one of which is the transformation and the implementation of living law that includes religious, as well as indigenous law into a state law. The field of economics as an example of a social event that continues to revolve, will significantly be affected in the development of legal and social science. Sharia law is no longer a codification of exclusive law limited to certain groups of people but has become a general rule not only in Indonesia but also internationally with the existence of Islamic banking system. This phenomenon certainly changes the view of the legal order that applies in society if the change is assessed through the eyes of the sociology of law in Indonesia.