Concept Of Law Research Articles

Národní úpravy směrnice č. 96/71/ES ve vybraných členských státech EU

This paper analyses the Posted Workers Directive 96/17EC (hereinafter “the Posted Workers Directive”) as it was implemented in Belgium, France, Italy and the United Kingdom. The Posted Workers Directive itself is not a subject of this paper. However, the author focuses on said national law systems and studies different states’ approaches how the said directive was introduced in legal practice. The Posted Workers Directive is a compromise enacted in order to settle a conflict between two important interests. On one hand, there are companies established in an EU Member State that are awarded contracts in other EU Member States. These companies enjoy the freedom to provide services. Therefore, they have right to relocate their employees to the host EU Member State to fulfil the contract. On the other hand, the host state’s trade unions (and other subjects) claim that service providers take advantage of cheaper labour standards in their own states to win a contract in the host state, to the detriment of employment in the host state. Hence, there is a clash of the freedom to provide services and the host state’s social policy. How can be seen on French Implementation of the Posted Workers Directive Jed (potential) problems connected with foreign service providers on French territory to highly protective national regulations. On the contrary, the United Kingdom has shown to be reluctant in introduction of any new statute which would set forth rules for employees relocated in accordance with the Posted Workers Directive. The financial crises may change the opinion of the United Kingdom Government but so far the United Kingdom’s labour market has no problems with activity of foreign employees relocated by foreign service providers. In fact, the United Kingdom approach is not a liberal approach to foreign service providers and their employees relocated to the United Kingdom’s territory. Using the concept of public law, the government insists on application of a large part of national employment law. The example of two other EU Member States, Belgium and Italy, demonstrates that every EU Member state implemented the Posted Workers Directive in its own way. However, there is one feature common to all surveyed states. Every EU Member State used the Posted Workers Directive to protect their local interests and differences. Nevertheless, the Posted Workers Directive is one of several secondary acts that harmonise national choice of law rules of EU Member states. The unification of national law of conflict is a step to the harmonisation of the whole employment law.

Courting controversy? The constitutional implications of the Court of Justice of the European Union’s involvement in the resolution of disputes after Brexit

Abstract The article sheds light on the under-discussed, but nonetheless constitutionally significant issue of the changing landscape for dispute resolution between the United Kingdom (UK) and the European Union (EU) post-Brexit. This pertains, in particular, to the Court of Justice of the European Union’s (CJEU) likely involvement in the resolution of disputes between the two parties across the arrangements governing both the UK’s withdrawal from and future relationship with the EU. The authors explore the dispute resolution mechanisms under the Withdrawal Agreement and the Trade and Cooperation Agreement (TCA), as well as the Court’s ‘legacy role’ in relation to (former) EU law concepts beyond the confines of the two Agreements. This article thereby evaluates the constitutional importance of the future role of the CJEU as a dispute settlement forum in these contexts, including the relationship between sources of ‘norms’ and the extent to which the UK will remain subject to its jurisdiction, or at least its influence, in the long term, whether directly or indirectly. It is argued that the CJEU’s influence, as well as the authority of EU law in the UK more generally, is now mediated through domestic law concepts, such as the recently devised concept of ‘assimilated EU law’, which replaces ‘retained EU law’, and which have the capacity to obfuscate the constitutional origins and thereby the constitutional legacy of EU-derived concepts. The article further contends that the ostensibly restricted involvement of the CJEU in the UK–EU relationship after Brexit must be appraised through the prism of the Withdrawal Agreement and TCAs’ provisions, which possess uniform legal force in both jurisdictions. The Agreements indicate a more expansive and enduring constitutional role for the CJEU and EU law concepts broadly speaking, than the one the then UK Government has publicly conceived. Consequently, a notable dissonance emerges between the political objective of ‘taking back control’ and the reality created by the legal framework governing the UK’s cooperation with the EU including the mechanism for resolving future disputes. Despite Brexit, the CJEU will continue to shape the constitutional contours of the relationship between domestic and Union law as well as between domestic sources of law, for many years to come.

European labour law as part of an economic union, monetary union and community of values—between harmonization and subsidiarity

Abstract The development of European labour law was neither straightforward nor continuous but followed the development of the European single market for a long time. Today, European labour law is an essential part of the social market economy in the European Union, even if there is no uniform European social model. The European Pillar of Social Rights is a commitment to a social Europe and accelerated regulatory practice. From a political science perspective, the development of European labour law was and is dependent on the legitimacy of its actions of the European Union. Therefore, unlike in nation-states, no clearly defined concept of (European) labour law has emerged. Rather, three central areas can be identified: (1) transnational labour law, primarily the free movement of workers, as nucleus of European labour law, (2) European labour law as a result of the interference of business-related fundamental freedoms with the welfare states in the Member States, and (3) European labour law as a result of a proactive social policy. However, the European Union has and will have to continue to organise its legislation in coordination with the welfare states in the Member States. Politically, it must prove that its measures are necessary because it can regulate the issues in question better than the Member States would be able to. Crises affecting several Member States are often the main driving force behind the deepening of the cooperation in the field of social policy. In addition, new developments can give the Member States reasons to take a standardised approach from the outset. Furthermore, the European Union should act primarily in connection with such social standards regarding which all Member States have already ratified international conventions without reservations and have thus agreed on a uniform standard.

Implementation of Criminal Law in Combating Hoaxes to Build National Information Resilience that Supports Strengthening Infrastructure and Innovation (SDG 9)

Objective: This research aims to analyze the application of criminal law in the Law of the Republic of Indonesia Number 1 Year 2024 on Electronic Information and Transactions related to the eradication of hoaxes, as well as examine its impact on the development of national information security in Indonesia in accordance with SDG 9, namely National information security involves the development of a resilient and secure information and communication technology (ICT) infrastructure. Using a juridical-empirical approach, this research uses primary data through interviews with law enforcement officials and information technology experts, as well as secondary data from legal documents and literature studies. Theoretical Framework: This research draws on various concepts of criminal law, information technology, and national information security. This multidimensional approach includes legal theory, communication theory, and national resilience theory to provide a more holistic understanding of the implementation of the criminal law of the Law of the Republic of Indonesia on Electronic Information and Transactions related to the eradication of hoaxes in the eradication of hoaxes and their impact on information resilience in Indonesia. Method: This research uses Qualitative data with a Normative Juridical Approach, the type of research is analytical to evaluate the effectiveness of the implementation of the Electronic Information and Transaction Law in eradicating hoaxes, secondary data including laws and regulations, academic literature and scientific journals related to criminal law, hoaxes, and national information security. Data collection techniques are literature studies, interviews, observations, and concrete case studies of the spread of hoaxes that are handled using the Law of the Republic of Indonesia Number 1 of 2024 concerning Information and Electronic Transactions. Results and Discussion: The implementation of the Criminal Law of the Republic of Indonesia Law No. 1 of 2024 on Electronic Information and Transactions against Hoax Eradication is a significant legal instrument in dealing with the spread of hoaxes in Indonesia. National information security is highly dependent on people's digital literacy, the speed of government response, and cooperation with digital platforms in tackling the spread of false information. Efforts and strategies are needed to revise the Law of the Republic of Indonesia No. 1 of 2024 on Electronic Information and Transactions to clarify the definition of articles that have multiple interpretations and provide clearer implementation guidelines for law enforcement officials. Research Implications: Theoretical Implications i.e. These findings expand the understanding of the relationship between the implementation of criminal law and the concept of national information security, so that it can serve as a foundation for further research in the field of cyber law and digital literacy. Practical Implications: Law enforcement officials can use the findings of this study as a reference to improve the approach to investigation, legal proof, and the application of sanctions against hoax perpetrators. Originality/Value: This research makes a unique contribution by deeply evaluating the challenges of multiple interpretations in certain articles of Law of the Republic of Indonesia Number 1 Year 2024 on Electronic Information and Transactions and their impact on the effectiveness of law enforcement, which has not been widely discussed in previous studies.

The Concept of Legal Egalitarianism in Heterogeneous and Culturally Homogeneous Societies

The article is devoted to the analysis of the concepts of legal egalitarianism and formal equality both in European legal orders and in legal orders of non-European cultural code in historical retrospect and modern times. The author traces the origin, emergence and development of the concept of formal equality and the accompanying philosophical and legal egalitarian doctrine that has gained dominant positions in the legal orders of European and other countries of the world after the French Revolution of 1789. The author examined historical material and scientific positions of various scientists — sociology, cultural science, social anthropology, political science, history and legal theory. The author reflects on the possibility and effectiveness of the uncontested existence and application of egalitarian legal doctrine in the context of complex heterogeneous multicultural societies. At the same time, the author questions the views on the essence of formal equality as a philosophical and legal concept and principle of law that exist in modern theoretical and legal studies.

Important Aspects of Law and State Concepts in the Philosophy of Law

Important Aspects of Law and State Concepts in the Philosophy of Law

Merits and Demerits of Public Law

1This study provides an overview of the concept of public law in India. Public law is a fundamental pillar of any democratic society. Public law governs the relationship between individuals and the state. In India, a nation known for its diverse culture, historical heritage, and evolving legal framework, This analysis of multifaced dimensions of public law in India, governs constitutional law, administrative law, criminal law various other branches that shape the interactions between the government. It exercises the power of the government and public authorities. It examines the evolution of public law in India from its colonial legacy to its modern avatar as enshrined in the Constitution of India, which serves as the supreme legal document guiding the nation. This analysis also discusses the role of the judiciary, particularly the Supreme Court of India, in interpreting and safeguarding public law principles. Additionally, it explores the challenges and complexities associated with public law enforcement, including issues related to administrative transparency, fundamental rights, and the balance between individual liberties and the collective welfare of society.

The Development of Technology and Information and Its Impact on Notarial Practice in Relation to Legal Certainty

The development in the current digital era has certainly brought significant changes in various aspects of life, including in notary practice. Therefore, this journal discusses the impact of technology and information on notary practice, with a focus on the aspect of legal certainty related to the concept of Cyber Notary. While there are still concerns in the practical and ethical aspects of implementing Full Cyber Notary in Indonesia, thereforeThrough legal analysis and literature study, this journal highlightsvarious problems of implementing Cyber Notary in Indonesia based on ethical and practical aspects such as the non-accommodation of Cyber Notary in laws and regulations, especially the Notary Law and the unpreparedness of the Cyber Notary implementation system including human resources and uneven distribution of infrastructure. Therefore, the Author Team provides a solution mechanism, namely the Cyber Notary practice method that reconciles laws and regulations related to Notaries in Indonesia reviewed based on progressive law. The Author Team provides a resolution mechanism with the implementation of Cyber Notary in a hybrid manner, which is a combination of current notary practices, namely conventionally with digital implementation, this is as the concept of progressive law which states that there are always weaknesses in the dynamics of law, as we know that existing laws will certainly always change and develop in society along with the social dynamics that occur. In implementing this hybrid system, it is important to adjust the laws related to Cyber Notary to the work area, the person appearing and reading the deed, signing to storing the deed, in addition, related parties such as the Indonesian Notary Association (INI) are also needed in the training and certification process specifically for notaries who will carry out Cyber Notary. Because in the context of implementing Cyber Notary, it is necessary to adjust the laws and regulations in order to provide legal certainty for Notaries and ensure the legality and authentication of electronic deeds are equivalent to conventional deeds, so that there is no overlap or ambiguity related to Cyber Notary in the formation or storage of an authentic deed.

Joseph Raz’s Theory of the Legal System and Implications for the Study of Legal Theory in Vietnam

Legal theory inquiries in Vietnam today focus mainly on the relationship between power and the nature of the law, which is concretized as the relationship between the state and society in relation to power. This article introduces Joseph Raz’s conception of the “legal system” and discusses the theory of the legal system in light of the theories held by classical legal positivists such as Austin and Kelsen to modern legal positivists such as Hart and Raz. Throughout the article, theory of a legal system is analyzed alongside popular conceptions of law and the legal system in Vietnam to clarify the applicability of Raz’s theory to Vietnamese legal inquiries. The article then provides some implications for the future study of the rule of law and legal theory in Vietnamese legal research.

A Walk on the Wild Side: Wild Law and the EU’s Nature Restoration Law

Framed against the background of the European Union’s efforts to restore nature and ecosystems through its novel Nature Restoration Law (NRL), this article engages with the developing discourse surrounding Earth jurisprudence and Wild law philosophies. By highlighting key principles from the literature that indicate the application of an Earth jurisprudence approach through the adoption of Wild laws, it evaluates the extent to which the NRL can fulfil its aim to restore nature across Europe. The article critically evaluates the NRL from a theoretical perspective in order to explore whether existing legal approaches are equipped to address a range of environmental challenges, including biodiversity loss and ecosystem degradation. It ultimately exposes some of the foundational flaws in efforts to restore nature and ecosystems through traditional conceptions of environmental law.

Konsep Dasar Adh-Dhaman (Penjaminan)

Adh-dhaman is an essential concept in Islamic law, particularly related to liability and obligations for damages or harm caused by an individual to the property or rights of others. The term originates from the Arabic word dhimmah, which means responsibility or obligation, and has broad applications in the context of muamalah (social and business interactions). The legal basis for Adh-dhaman in Islamic law is found in both the Qur'an and the sayings of Prophet Muhammad (peace be upon him). In the Qur'an, Allah says, "And do not consume one another’s wealth unjustly" (Surah Al-Baqarah: 188). This reflects the principle that no one should unlawfully take the rights of others, and if they do, they are obligated to make restitution. In the hadith, the Prophet (peace be upon him) said, "There should be neither harming nor reciprocating harm" (Narrated by Ibn Majah). This hadith emphasizes that in Islam, any act that causes harm to others, whether directly or indirectly, must be accounted for. Adh-dhaman involves two primary elements: sabab (cause) and dhaman (compensation). In every case, Islamic law considers the intention and the degree of negligence to determine whether a person is obligated to compensate and the extent of that compensation.

To the 100<sup>th</sup> anniversary of Veniamin Evgenievich Chirkin

The publication is dedicated to the anniversary of the outstanding legal scholar Veniamin Evgenievich Chirkin. Information is provided concerning V. E. Chirkin’s participation in the Great Patriotic War, as well as his contribution to the development of many scientific classifications, the formation of the concept of transitional states, the analysis of the legal systems of various states, and the study of the functioning of existing social institutions. It is noted that he paid special attention to the issues of comparative statecraft, as well as developed new concepts in law, in particular legal entities of public law.

Constitutional Transition in a Democratic State: A Critical View of the Omnibus Law Establishing Employment Copyright Law

The debate regarding Omnibus Law as the main means for structuring legal regulations in Indonesia attracted a lot of public attention when the Omnibus Law method, which was previously little known in Indonesia as a country that adheres to the Continental European legal system, was used in the preparation of draft laws (RUU). How does the constitutional transition to the establishment of an omnibus law on copyright work in a democratic country? How do we review the constitutionality of the implementation of the Omnibus Law and the copyright mechanism in the formation of statutory regulations? This research uses the concept of normative descriptive research, or what can be called normative juridical research. With this method, law is interpreted as what is written in legislation (law in a book), or law is interpreted as a legal rule, which is a standard for appropriate behavior. The Omnibus Law method practiced in the common law system is interpreted as a (new) law that regulates various kinds of regulations to simplify the various laws that are still in force. Constitutionally, the legal position of the omnibus law concept has not been regulated in the legal system or in the laws and regulations in Indonesia. Law No. 11 of 2020 concerning Job Creation, which was formed using the Omnibus method, is considered to be constitutionally contradictory because it does not have clear objectives and formulation, both in terms of the standard of formation, the systematics of its creation, and the process of changing its substance.

The Relationship between Interest and Learning Motivation with Physics Learning Outcomes on the Concept of Newton's Laws

This study aims to analyze the effect of student interest and motivation to learn on physics learning outcomes on the concept of Newton's Law. Low interest and motivation to learn is one of the causes of students' difficulty achieving optimal learning outcomes in physics, especially in abstract material such as Newton's Law. The research used a quantitative approach with descriptive statistical methods. Data were obtained through a Likert scale-based questionnaire to measure interest and motivation to learn and a multiple-choice test to assess learning outcomes. Analyses were conducted using multiple linear regression with the help of SPSS. The results showed that interest and motivation to learn significantly influenced student learning outcomes, with a contribution of 73% and a positive relationship. This result confirms the importance of lecturers in designing learning strategies that can increase student interest and motivation to support the success of physics learning, especially in Newton's Law material.

Військове право в системі права України: концептуальні виміри

Abstract. The article defines the theoretical, methodological and practical principles of military law as a separate branch of law and clarifies its place and role in the legal system of Ukraine. It was determined that military law is a system of universally binding norms, formally defined rules of conduct in the military-public sphere, which are established, protected and provided by the state and regulate social relations related to the activities of the military organization of society and are aimed at ensuring the protection of the state , sovereignty, territorial integrity. The main features of military law are normativity, formal certainty, obligation, regularity, procedurality, connection with the state, systematicity. In general, the structure of military law indicates its systemic unity, as a result of which the ontological features of this complex field of law are manifested, insisting on the fact of its existence and doctrinal certainty. Structural elements of military law have their own regulatory component. Provisions of one or more laws, normative acts, including military orders, international agreements, separate court decisions, which introduced law enforcement norms into the practice of legal regulation; norms of customary law fill the institutional formations of military law with content. It has been proven that military law is a system of universally binding norms, formally defined rules of conduct in the military-public sphere, which are established, protected and provided by the state and regulate social relations related to the activities of the military organization of society and are aimed at ensuring the protection of the state , sovereignty, territorial integrity. The main features of military law are normativity, formal certainty, obligation, regularity, procedurality, connection with the state, systematicity. Therefore, the formation and development of the concept of military law of Ukraine shows that military law is objectified in legal reality and requires an epistemological study of its essence, social functions, prospects, implementation of scientific forecasting, ensuring regulatory influence on important processes that take place in the military-public sphere in the conditions of Russia's military aggression, which poses a direct threat to national security. Military law is an integral complex formation of the integral system of Ukrainian law, therefore, scientific research in this area should be continued in this direction. Keywords: national law; modern Ukrainian law; legal norms; branch of law; legal system; military law; military; military formations; constitutional rights; rights of military personnel.

Informational collaborationism: рroblematic aspects of interpretation and application of criminal law norms

The article is dedicated to examining the forms of criminally punishable informational collaborationism. The author provides an original definition of informational collaborationism, explaining its various forms (ideological, cultural, educational) and highlighting their hybrid nature. In analyzing ideological collaborationism as specified in Part 1 of Article 1111 of the Criminal Code of Ukraine, particular attention is paid to resolving the conflict between this provision and the related norm that establishes criminal liability for justifying, recognizing as lawful, denying the armed aggression of the Russian Federation against Ukraine, or glorifying its participants (Article 4362 of the Criminal Code). The article emphasizes the inadvisability of absolutizing the principle of legal certainty when addressing conflicts between legal norms and underscores the importance of logical analysis of criminal law concepts. The article also discusses the issue of educational collaborationism in the form of conducting propaganda in educational institutions (Part 3 of Article 1111 of the Criminal Code) and presents views on understanding such a form of informational collaborationism as engaging in informational activities (Part 6 of Article 1111 of the Criminal Code), which is proposed to be associated solely with the systematic professional activities of specialized subjects in the information sphere. As a result of the research, several proposals are made to improve the legal norms regarding informational collaborationism, with particular emphasis on the importance of taking into account international humanitarian law when applying these norms.

Categories “Concept of Law” and “Idea of Law” in German Neo-Kantianism

Introduction. In the 60s of the 19th century, a philosophical movement arose in Germany, developing the teachings of I. Kant in the spirit of consistently implementing the basic principles of his transcendental-critical methodology. The study pays attention to two established schools of neo-kantianism: the Marburg school and the Baden school. The problem of the development of the categories “concept of law” and “idea of law” in the works of followers of Kantian philosophy of law is considered. Theoretical Basis. Methods. The theoretical basis was formed by the scientific works of representatives of the Marburg and the Baden schools of neo-kantianism, as well as foreign scientists who studied the features of the philosophical currents of neo-kantianism. The research is based on the use of the general philosophical dialectical-materialistic method of cognition. This article uses general scientific methods (historical, logical), specific scientific methods (historical and legal, comparative research method). Results. The difference between “concept” and “idea” in the philosophical system of I. Kant is considered. The reasons for Kant’s rejection of the “idea of law” are explored. Specific features and peculiarities of the development of the categories “concept of law” and “idea of law” in the teachings developed by representatives of the Marburg and Baden schools of neo-kantianism have been identified. Discussion and Conclusion. Based on the results of the study, it was concluded that representatives of the Baden school of neo-kantianism seek to emphasize the significance of the transcendental turn in philosophy for determining the cultural reality that is law. For southwestern neo-kantianism, the concept of value becomes central. In the Marburg school of neo-kantianism, Kant’s teaching was corrected and the independent development of a system of “critical realism” was undertaken. Unlike the Baden school, the concept of value did not play a significant role; the concept of ideas acquired significant influence. R. Stammler defines the idea of law as the “guiding star” of law. G. Radbruch emphasized the role of the idea of law as an essential component for the theoretical-legal concept of law. And A. Kaufman limited the “idea of law” only to the practical search for the justice of law, breaking the connection between the theory of law and legal ethics established by G. Radbruch through the concept of “idea of law”.

The Common Heritage of Mankind: A Sustainable Vision of Property Rights

The principle of the common heritage of mankind (CHM) is a concept in international environmental law which says that certain of the Earth’s natural resources ought not to be exploited through a system of private ownership for individual gain. In light of criticism of the CHM principle as lacking an agreed-upon definition, this article formulates a new philosophical foundation for the CHM principle grounded in classical-liberal theories of the origin of property rights. Understanding the CHM principle as a theory of just property acquisition, this article argues, provides an ethical foundation for the prescriptions commonly associated with the principle, as well as clarifies the scope of the principle’s application.

Imitating the Empire from Outside

ABSTRACT This paper attempts to show how the theoretical transformation of the Caliphate into an Islamic Empire took place in the context of a network of intra – and inter-religious conflicts. By focusing on a founding text of Islamic political thought, it argues for the paradigmatic role played by the pre-Islamic Persian Empire in the genesis of the idea of an Islamic Empire. On the other hand, it identifies the Persian Empire as playing the same paradigmatic role in the formation of monotheistic theology in late antiquity, one that Islam inherited. By reconsidering the theological and political genealogy of the idea of an Islamic empire, the point is to grasp how such an empire would distinguish itself as a monotheistic empire from a Christian empire. To achieve this goal, the paper analyses the way the Islamic Empire sought to give structure to Islamic conceptions of sovereignty, divine law, and messianism.

SHARIAH’S POSITION IN AFGHAN 2004 CONSTITUTION: A LEGAL ANALYSIS

The legal position of Shariah in the 2004 Afghan constitution has been considerably debated due to the full involvement of the international community in the constitution-making process. Though Article 3 of the 2004 constitution of Afghanistan states that “no law shall contravene the beliefs and principles of Islam”, considering this provision and others, the position of Shariah in the constitution seems ambiguous. Some legal experts at national and international levels consider the 2004 constitution to be one of the most Islamic constitutions, recognising the supremacy of Shariah. Contrary to this, some scholars think that a set of constitutional provisions predicate a limited applicability of Shariah by referring to Hanafi Fiqh as a gap-filling law in Article 130. Keeping this problem in mind, this research paper examines the supremacy of Shariah in light of all provisions in the 2004 constitution. It aims to outline the actual role of Shariah within the 2004 constitution by elaborating on the different concepts of Shariah and law in the Afghan legal system. The study which follows qualitative research methodology is conducted through major library research and an empirical study, employing comparative and analytical approaches per doctrinal and non-doctrinal methods. It exposes the conceptual and applied aspects of the legal provisions relating to the applicability of the Shariah in the 2004 constitution. The research generally relied on primary sources such as the constitution of Afghanistan and the Quran and Sunnah for the Shariah. The researcher considered the connection between the various constitutional provisions on Shariah in conjunction with the hierarchy of legal norms and found that Shariah has a weak position under the 2004 constitutional setup up as a judicial review attests. The 2004 constitution provides a limited applicability of Shariah in the sense that no law shall contravene the Shariah while at the same time, the term law does not include the constitution- itself and the term Shariah generally refers to Hanafi Fiqh as a subsidiary source of law. The constitutional provisions on Shariah are not amendable, as the 2004 constitution declares them irrevocable. To strengthen the position of Shariah, it is proposed that the primary step is to define the term law comprehensively to include the constitution. However, the best alternative is that Afghans enact a new constitution that provides the supremacy of Shariah.