Department Of Law Research Articles

International legal activity of the institute of state and law: theory and practice issues

The article is devoted to the analysis of the formation and development of academic research in the field of international law at the V.M.Koretsky Institute of State and Law. Organizational origins of international law started with the creation of the state and legal sector in the system of the National Academy of Sciences of Ukraine in 1949. Special attention is paid to the presentation of the role of the outstanding scholar of the international lawyer in the creation of the Institute of State and Law, organization and implementation of legal research, in particular in the field of international law and the formation of the corresponding scientific school.The objective development of international law in the second half of the twentieth century was conditioned by the necessity of ensuring the international legal activity of Ukraine in the international arena, as one of the founding states of the United Nations. At this stage, the efforts of Koretsky and his associates were directed at the theoretical substantiation of the international legal personality of Ukraine, the study of the problems of the codification of international law, its sources, and the relation with the internal law of the states. The results of fundamental research in the field of international law favored the recognition of Ukrainian scholars’ contributions to international legal science. Koretsky was recognized as one of the world's leading figures and attracted by the international community to practical international legal activities in specialized United Nations bodies. He entered history as one of the founders of the Universal Declaration of Human Rights.The period of 50 - 60 years of the twentieth century in the development of Ukrainian international law was characterized by the active formation of its scientific school, the bright representatives of which were international scholars M. K. Mikhailovsky, N. M. Ulyanov, V. I. Sapozhnikov and others. Their research has created the foundation of a modern school of international law. The article analyzes their main works and theoretical positions that have become the property of international legal science.The 70-80s of the 20th century in the development of international legal science in Ukraine were characterized by the growth of its scientific potential, personnel growth of the school, expansion of the range of research. Since 1984, the head of the department of international law and comparative law of the Institute is V. N. Denisov, who organizationally and methodologically ensured the development of the study of actual problems of international law.With the proclamation of Ukraine's independence, the main tasks of the national science of international law are aimed at studying the problems of the implementation of the sovereignty of Ukraine. Over the past three decades, the results of research by scientists of international lawyers of the Institute have become dozens of individual and collective monographs that identified the main trends in the development of science of international law at the present stage.Today, the scientific school of international law is represented by the doctors of jurisprudence V. N. Denisov, V. I. Akulenko, O. V. Kresin and candidates of jurisprudence O. I. Didkivska, O. S. Pereverzeva, I. M. Protsenko, K. O. Savchuk, A. V. Smoliy, M. I. Surzhinsky, L. G. Falaleyev. A special role in the article is devoted to the analysis of organizational and scientific activities of the directors of the Institute after V. M. Koretsky, academicians B. M. Babiy and Yu. S. Shemshuchenko

STUDENT ENGAGEMENT: MORE THAN BELLS AND WHISTLES

Student engagement is the time, effort and energy that students spend on all educational activities that enhance their learning ability. The improvement of student engagement is the principal aim of the Learning in Law project embarked upon by the Department of Mercantile Law at the University of the Free State (UFS), South Africa. One of the aims of the project, which is run in collaboration with the university’s Centre for Teaching and Learning, is to help lecturers develop innovative teaching methods and techniques to ensure in-class student engagement. As modern-day students are used to fast access to information, entertainment and social activity via their mobile devices, new teaching methods to catch and hold their attention and promote participation are needed. This contribution not only makes the case for new ways of teaching law in a changing higher education environment, but also suggests specific steps and techniques to be considered, drawing from the experience of the UFS’s Department of Mercantile Law.

The System of Environmental Education in the Regional University

The solution of environmental problems, both on global and regional level, is possible only when a new type of ecological culture is formed and ecologization of education is provided. The complicated ecological situation in the world and the low level of environmental awareness of the population necessitate constant improvement of environmental education and enlightenment. The article focuses on these problems and describes the system of environmental education created inSholom-AleichemPriamurskyStateUniversity, which is implemented through different types of teachers’ and students’ activities. The University trains bachelors, masters and postgraduates in the field of ecology and environmental management. In-depth study of environmental problems contributes to the organization of research activities of students. The results of students’ and teachers’ scientific research are tested at scientific conferences, environmental forums at different levels. Special importance in the system of environmental education of the University is given to working with applicants. In this regard University is implementing a series of new modern projects. The Department of geography, ecology and environmental law conducts a scientific ecological and geological circle for students of 8-11 grades in Birobidzhan. Teachers of the Department have published teaching aids, textbooks, educational guides to help school teachers of geography, biology, chemistry in greening the natural cycle subjects. The University has established the Center for environmental education providing the development of ecological culture and moral guidelines in environmental sphere. The paper makes special emphasis on the students’ extracurricular activities and environmental protection work.

International Seminar Review Notes Dismissal Protection in the BRICS Countries

Legal scholars from Brazil, South Africa and Russia gathered in Saint Petersburg on 25 January 2019 to attend the International Legal Science Seminar hosted by the Department of Labor Law and Labor Protection at Saint Petersburg State University.This review is prepared based on the material in the presentations provided by the speakers at the International Legal Science Seminar.

How to educate users on usage rights

Copyright education involves the constant communication and training of company staff. This paper gives examples of approaches to educate staff on copyright ‘do’s and ‘don’ts’, including the use of a digital asset management system, writing an internal company blog, presenting on copyright topics to colleagues, knowing when to engage the law department, and the risk of using imagery, music, fonts and other creative assets improperly.

Eksistensi Jurusan Hukum Ekonomi Syariah IAIN Langsa

This study aims to analyze the effect of curriculum, lecturer quality, academic service quality and alumni competence on the existence of Islamic Economics Law Department IAIN Langsa. The population in this study were all alumni of the Islamic Economics Law Department (HES) of Langsa IAIN, while the sample used in this study was that some alumni had worked, so the samples taken were 60 HES IAIN Langsa alumni. The sampling technique used was nonprobability sampling with a type of purposive sampling. The research methodology uses a survey method with a quantitative approach. Data analysis using Multiple Linear Regression analysis using SPSS Version.20 Software. The results of this study indicate that the curriculum (X1) has a positive effect on the existence of the HES Department (Y) with t-values (2,267)> t-table (1.67), then (H1 is accepted). The quality of the Lecturer (X2) has a positive effect on Existence (Y) with a t-value (4.271)> t-table (1.67), then (H2 is accepted). Academic service quality (X3) has a positive effect on the existence of the HES Department (Y) with a t- value (2.886)> t-table (1.67), then (H3 is accepted). Alumni Competence (X4) has a positive effect on Existence (Y) with a t- value (3,920)> t-table (1.67), then (H4 is accepted). Of the several variables that have been tested by lecturer quality which have a dominant influence on the existence of the Islamic Economics Law Department with the resulting t- value of 4.271 which is the highest t-value.

Forensic diagnostics of the kind of a sharp traumatic object in expert practice

The scientific work is a fragment of the scientific-research study conducted at the Department of Forensic Medicine and Medical Law “Expert Diagnostics of Changes of Biological Tissues and Human Media by Morphological and Laboratory Indices to Solve Topical Issues of Forensic Science and Practice” (state registration number 0118U001191). Summary. The survey article deals with explaining the existing methods and searching new perspective ones concerning forensic diagnostics of the kind of a sharp traumatic object. A considerable increase of lethal cases caused by trauma and crimes most frequently committed with the use of different kinds of sharp objects is stated to occur nowadays in Ukraine and the whole world. In general structure of fatal injuries traumas caused by sharp objects are second after blunt injuries. At the same time, in all the cases of expertise of bodily injuries caused by different kinds of sharp traumatic objects and tools a question arises concerning accurate visualization of bodily injuries and their identification. Therefore, from year to year an important value in forensic practice is given to spatial, integral visualization of morphological structures in the area of injury and certain separate elements of a traumatic object. It will provide more accurate, visible, effective and reliable identification of a sharp tool or object provoking injury. In different times specialists in forensic science demonstrated variable approaches to solution of the above mentioned tasks. Identification studies dealing with determination of a tool in case of traumas made by sharp objects, first of all piercing-cutting ones, are conducted in the direction of investigation of morphological changes in case of damage of the skin and internal organs, morphometric parameters of wound canals, assessment of a blade lip effect on morphology of piercing-cutting injury, identification of an individual who committed a crime, detection of trasological properties of a traumatic means, and modeling circumstances of events, etc. In recent decades, in the epoch of an advanced development of scientific-technical progress, modern researchers introduce actively up-to-date medical technologies into medical science. The methods of 3D-modeling and 3D-reconstruction take a leading place among them. Implementation of 3D technologies into forensic practice enables to reduce error probability to minimum. Meanwhile, the majority of 3D-scanners are expensive and mostly directed to solve more specific forensic tasks, scanning only small or, on the contrary, only large objects in particular. From the practical point of view an important value in establishing the mechanisms of injuries in case of trauma and identification of a traumatic object belongs to modern methods of designing three dimensional objects on the basis of digital photogrammetry followed by further computer processing and 3D-printing of volumetric models, since it enables to register poorly seen morphological signs of injuries and find them. At the same time, the analysis of domestic and foreign literature is indicative of the fact that the issues of forensic diagnostics concerning the kind of a sharp traumatic object by means of three dimensional spatial reconstruction of morphological elements of the soft tissues injuries and wound canal on the body of a victim remain unsolved.

FORGOTTEN NAMES: ALEXANDER FEDOROV

The article is dedicated to the memory of O. F. Fedorov, a well-known scientist in the field of police, trade, civil and maritime law, who has worked for more than 23 years at the Novorossiysk (Odessa) University, who has headed the Department of Commercial Law and Commercial Proceedings.

Прокрастинация и самоорганизация у студентов вуза

The paper presents the results of an empirical study on the relationship between procrastination and self-organization among university students. The survey reveals the average level of procrastination and self-organization in respondents. Having analyzed the relevant indicators depending on gender and department, the authors conclude that females in contrast to males and Psychology Department students compared to Law Department students have strong personal organizational capacities and are less prone to procrastination. The study reveals a significant difference in the development of self-organizing components according to high, average, and low levels of procrastination: the low procrastination leads to the development of the high self-organizing components. Besides, the research identifies the positive relations between the age of students and procrastination (the older the student is, the greater the tendency to procrastination is, and vice versa). Nevertheless, there is a negative relationship of procrastination with the general level of self-organization and its components (the lower propensity to procrastination is, the higher self-organization the students possess, and vice versa).

Exploring the influence of scientific journal ranking on publication performance in the Hungarian social sciences: the case of law and economics

Using a case study of the Economic and Law Department of the Hungarian Academy of Sciences, we find that domestic rankings greatly distort researchers’ publication preferences. This finding is contrary to the importance of international journal rankings, such as the SCOPUS Scimago journal ranking or the Web of Science Impact Factor. We found inconsistencies between international and domestic standards and differences between the eight committees of the academic department. Based on an exploratory empirical analysis of 4213 journals spanning eight different scientific committees of social science areas (business, law, demography, sociology, regional studies, world economics, military science and political science), we prove that a key reason for Hungary’s decreasing rank in international visibility is the inconsistently strong bias for domestic journals. We show that inconsistency of ranking fairness determines the behavior of researchers; this motivational effect is especially important in small countries in which local relevance often offsets the importance of mainstream international discourses. This problem is attenuated with the digital transformation of science; online repositories, indexing systems and online visibility have become key enablers of evidence-based assessments of publication performance.

법학과에서의 민사소송법 교육

법학과에서의 민사소송법 교육

How Do Legal Experts Cope With Medical Reports and Forensic Evidence? The Experiences, Perceptions, and Narratives of Swiss Judges and Other Legal Experts.

Expert scientific knowledge, including medical knowledge, is relevant for the legal profession and can strongly influence rulings and sentencing in criminal law, civil law, and insurance law. The way in which this medical evidence is understood and evaluated thus has an impact both on individuals and on society as a whole. It enters legal procedures in various forms, for example, as expert witness statements and/or as a legal expert's own acquired medical knowledge. On the other hand, a legal expert may be confronted with expert medical opinions that differ in quality or content and thus have to decide which ones to follow. The aim of this qualitative study was to investigate legal experts' perceptions, experiences, and narratives regarding medical knowledge, particularly the skills and general knowledge used in their branch of the legal profession. A total of 51 semi-structured interviews with judges and prosecutors from different courts of law and from the public prosecutor's office in six different German-speaking (Zurich, Luzern, Aagrau, Obwalden, Nidwalden, Zug) and German/French-speaking (Bern) cantons of Switzerland were conducted, coded, and analyzed using Nvivo. We used a comparison thematic approach identifying common and new themes related to the research aims. Our findings suggest that Swiss judges and prosecutors believe that possessing and developing the skills and terminology required for processing medical information is important but complex, and time-consuming for their work. Additionally, several legal experts reported that their understanding of medical evidence was limited or even non-existent. Moreover, the acquisition of skills related to the assessment of medical reports and forensic evidence appeared to be unstructured. Participants reported having no formal instruction in how to evaluate or deal with medical knowledge. The sources they used to answer questions arising appeared to be in part problematic and non-standardized (internet, newspapers, etc.). Medical literature from peer-reviewed journals was used only rarely. The findings from this study suggest that law departments might wish to evaluate whether their graduates are sufficiently equipped with scientific literacy skills and appropriate skills to evaluate medical information for their later careers. At the same time, medical knowledge pertinent to forensics published in local legal journals may be more effective in reaching the legal expert audience than in medical journals.

Género y educación superior

El acceso de las mujeres a la educación superior ha sido un largo y arduo camino en el cual existen aún obstáculos estructurales, formales e informales. Las universidades se presentan como espacios neutros en los cuales la diversidad es respetada como fuente de conocimiento sin la cual el pensamiento proveniente de esa casa de estudios sería monolítico. Este presupuesto se ha probado como falso frente a la clara falta de representación de las mujeres en la academia. Este trabajo busca mostrar, mediante un estudio cuantitativo comparativo de las facultades de Derecho de la ciudad de Quito, que la paridad entre docentes hombres y mujeres no ha sido alcanzada. Evidenciando, así, que la universidad no es el espacio diverso e integrador que se plantea.

The great challenge for system dynamics on the path forward: implementation and real impact

System Dynamics ReviewVolume 35, Issue 1 p. 19-24 Letter to the Editor The great challenge for system dynamics on the path forward: implementation and real impact Jorgen Randers, Corresponding Author jorgen.randers@bi.no Correspondence to: Jorgen Randers, Department of Law and Governance, BI Norwegian Business School, 0442, Oslo, Norway. E-mail: jorgen.randers@bi.noSearch for more papers by this author Jorgen Randers, Corresponding Author jorgen.randers@bi.no Correspondence to: Jorgen Randers, Department of Law and Governance, BI Norwegian Business School, 0442, Oslo, Norway. E-mail: jorgen.randers@bi.noSearch for more papers by this author First published: 28 March 2019 https://doi.org/10.1002/sdr.1623Citations: 6 Accepted by Yaman Barlas Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onEmailFacebookTwitterLinked InRedditWechat Citing Literature Volume35, Issue1January/March 2019Pages 19-24 RelatedInformation

کثرةُ الأصولِ وأثرُها فی الترجیحِ بین الأقیسة

ملخص عربي بحث بعنوان کثرة الأصول، وأثرها في الترجيح بين الأقيسة رمضان ثابت محمد أبو سمرة مدرس أصول الفقه بکلية الشريعة والقانون جامعة الأزهر فرع أسيوط Sha.law.ast@azhar.edu.eg الترجيح بکثرة الأصول: هو أن يشهد لأحد الوصفين المتعارضين أصلان أو أصول، ولا يشهد للوصف الآخر إلا أصل واحد، فيرجح بذلک. وقد اختلف العلماء في الترجيح بکثرة الأصول والراجح صحته؛ لأن کثرة الأصول يحصل بها غلبة الظن، والترجيح بغلبة الظن أصل شرعي، ومرجح معتبر. والترجيح بکثرة الأصول يؤخذ من قوة الوصف، بأن يظهر أثر ذلک الوصف لزيادة قوته في مواضع کثيرة: کظهور وصف العبادة في التيمم، والصلاة، والزکاة، وغيرها من العبادات. وظهور وصف المسح في التيمم والخفين والجبيرة وغيرها من المسوح. وظهور وصف المالية في الغصب، والقرض، والمأخوذ على جه السوم، ونحو ذلک. وظهور وصف الضرر في عدم جواز بيع مال الصغيرة بالغبن الفاحش، وفي عدم جواز تزويج أمتها بأقل من مهر مثلها، وفي إعطاء الحق للأولياء في الاعتراض، إذ زوجت نفسها بأقل من مهر مثلها. کلمات مفتاحية: کثرة الأصول- الترجيح- الوضوء- مسح الرأس- مهر المثل- ضمان العارية. English Summary Research entitled Many al'usul and their impact on weighting between Al-Aysa Ramadan Thabet Abu Samra Al-Azhar University - 'usyut Faculty of Sharia and Law department 'usul alfaquh Sha.law.ast@azhar.edu.eg Weighting with a high number of origins: to witness one of the two opposing descriptions of origin or origins, and to bear witness to the other description only one origin, is likely to do so. The scholars differed in weighting in the high probability of the origins and the most likely validity, because the large number of assets is more likely, and the weightof the majority of the belief is a legitimate origin, and it is considered likely. The weighting of the high number of origins is taken from the strength of the description, to show the effect of that description to increase its power in many places: the appearance of the description of worship, prayer, zakat, and other worship. The description of the scanappears in the tampons, the splints, the splint, and other surveys. The description of financial, the loan, the poison, and so on. The description of harm appears in the fact that it is not permissible to sell small money in obscene extremes, that it is not permissible to marry a mother with less than a dowry like her, and that the parents are entitled to object, as she married herself with less than one dowry like her. Keywords Many al'usul –Weighting- alwudu' – Head scan – Dowry Likewise- Ensure Borrowing

Особливості створення кафедри церковного права в Новоросійському імпе-раторському університеті

Особливості створення кафедри церковного права в Новоросійському імпе-раторському університеті

Access to judicial protection in Russia and Germany

The grounds for and conditions of access to judicial protection in citizens’ disputes with the state continue to be the subject of heated debates in many countries, including those who great experience in regulating disputes. In Germany, the admissibility of an administrative claim is traditionally associated with the “protective norm” (Schutznorm) and a person’s own interest in protecting his violated subjective public right directly by the action or inaction of public authority. Such a rigid approach creates obstacles for the judicial protection of supra-individual interests and collective rights. In this regard, the German doctrine of protective norms and subjective public rights is facing new challenges. There are two perceived ways to resolve the problem — either recognize the subjective legal nature of collective rights and interests, or expand the object of judicial protection to include violated general rights and interests of a certain or indefinite circle of persons. With the new Administrative Court Procedure Code coming into effect, Russia felt the need to define rights, freedoms and legal interests as an object of judicial protection in disputes between citizens and the state, as well as to define acts and actions of public authority as an object of appeal. Studying the German theory and practice of access to courts in disputes with the state can enrich the Russian legal system. In turn, the Russian experience of social support for access to justice, as well as the introduction of e-justice, can be useful in Germany. The article offers a presentation of the main ideas and results of the fifth joint Russian-German conference. It was organized by the law departments of the Free University of Berlin and St. Petersburg State University with the support of the German Research Society (DFG) and the Russian Foundation for Basic Research (RFBR).

Review of the monograph of Candidate of Law, Candidate of Constitutional Law and Comparative Law Department of Uzhgorod National University K.V. Golovko "Systematization of Municipal Legislation: Ukrainian Experience"

Review of the monograph of Candidate of Law, Candidate of Constitutional Law and Comparative Law Department of Uzhgorod National University K.V. Golovko "Systematization of Municipal Legislation: Ukrainian Experience"

Introductory words by the editor-in-chief

The thematic focus of this issue of the journal "Religious Freedom" was determined by the International Scientific and Practical Conference "Religious Freedom: Updating of Family Values", held on September 24-25, 2018 in Kyiv, Ukraine. Since 1994, conferences, which discussed various aspects of the existence of religious freedom, have become traditional. They necessarily ended with publication of materials of public discussion. This year the conference was devoted to the XXV-year anniversary of the Ukrainian Association of Religious Studies (URA), authoritative in Ukraine and far beyond its borders. The conference was organized by the Institute of Philosophy named after G.S. Skovoroda of the National Academy of Sciences of Ukraine, the Ministry of Culture of Ukraine, the Ukrainian Association of Religious Studies, the Institute of Religious Freedom. People's deputies of the Verkhovna Rada of Ukraine, members of the government, representatives of the councils of churches and religious organizations were invited to the speeches and reports in the Grand Conference Hall of the National Academy of Sciences of Ukraine. Academician-secretary of the Department of History, Philosophy and Law of the National Academy of Sciences of Ukraine Valery Smoliy, Corresponding Member of the National Academy of Sciences of Ukraine, Director of the Institute of Philosophy named after G.S. Skovoroda Anatoly Yermolenko, Deputy Director, Head of the Department of Religious Studies of the Institute of Philosophy named after GS Skovoroda is Doctor of Philosophy, Professor Anatoly Kolodny.

The Support of Agricultural Land Through the “Central European Initiative on Agricultural Land Protection”

Abstract The protection of the qualitative aspects of agricultural land is in the interests of both Slovakia and the European Union. Several policy documents have emerged in the European Union over the last few years, however, they have not been legally binding, as the EU Member States refuse all binding legal acts in this area. Therefore, solving the problem of agricultural land protection is left to the exclusive competence of the EU Member States. On the other hand, problems related to agricultural land cross the borders of states and that is why the Department of Law, Faculty of European Studies and Regional Development, Slovak University of Agriculture in Nitra submitted an international research project under the Erasmus + program, Key Action 3: Jean Monnet entitled “Central European Initiative on Agricultural Land Protection”. The aim is to strengthen the dialogue between key stakeholders in the protection of agricultural land in Central Europe what will have a positive impact on the achievement of the EU agri-environmental and food policy objectives.