Prohibition Law Research Articles

Foreign experience of the constitutional and criminal law prohibition of torture

The subject of research in this article is the long-term experience of a number of countries of the modern world summarized by the author in the field of legislative regulation of criminal liability for torture in many of its manifestations. In addition, the relevant international legal provisions, which are the legal basis for combating torture in national legislation, acted as such. In particular, we are talking about the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Since the prohibition of torture is absolute, comprehensive and constitutional, which is reflected in a number of state constitutions, the subject of the study was the norms of the basic laws of a number of countries. The scientific novelty of the work lies in the fact that in the article, based on the analysis of the palette of legal definitions of torture existing in foreign law – from brief, reflecting only its main properties, to detailed, descriptive ones, the author's vision of the grounds for distinguishing between these definitions is determined, heterogeneous approaches to understanding how the object of torture, as well as its subject, to determine the place of this crime in the structure of the Special Part of Criminal Laws.

Significance of Non-Statutory Sources of Criminal Law When Evaluating an Act as Insignificant

Relevance. The correct solution of complex problems of law enforcement is facilitated by the appeal not only to legislatively fixed, but also to other sources of law. It is especially important to correctly determine the role of unofficial sources of law in the application of the criminal law, which is due to its exceptional position in the system of regulation of social relations, which are imposed on criminal law prohibitions by the requirements of clarity of expression, certainty of content and fairness. The theoretical and legal research needs a contribution to the content of the criminal law norms of other sources of law in determining the boundary between crimes of various types and administrative offenses, as well as in assessing the act as insignificant.The purpose of the study is the theoretical and legal analysis of the role of legally fixed and not fixed sources in the application of criminal law.Objectives of the research of the study include: substantiating the accounting and determining the role of sources of criminal law that are not legally enshrined in the qualification of crimes and the assessment of the act as insignificant.The research methodology is based on the dialectical general method, and also includes the methods of analysis, synthesis, induction, deduction, logical and system-structural.Results. On the example of the qualification of crimes and the assessment of acts as insignificant, the admissibility of referring to sources of law not formalized by law is argued, since they play a significant role in the process of criminalization and in the formulation of criminal law norms. The influence of the development of protected public relations and the modification of encroachments on the content of sources of law is shown. The importance of taking into account these processes for bringing both the criminal law itself and the practice of its application in line with the emerging socio-economic and political conditions is substantiated.Conclusion. When evaluating an act that formally contains signs of a crime, from the point of view of the possibility of recognizing it as insignificant, the appeal not only to the criminal law, but also to other sources of law, is due, firstly, to their retrospective role in the criminalization of acts, and secondly, to the dialectical connection of legal ideas with legal form and legal reality

Особенности формирования уголовно-правового воздействия на управление транспортными средствами в состоянии опьянения

State policy in the field of road safety is aimed at protecting the life, health and property of citizens and protecting the interests of society and the state by preventing road accidents and reducing the severity of their consequences. In searching for mechanisms to implement these goals, the legislator to the challenges in the field of road safety, which contribute to road accidents. The article examines the trends in criminal law responses to driving under the influence of alcohol. The criteria for criminalisation of an act under article 2641 of the Criminal Code of the Russian Federation are disclosed. The author focuses on the disclosure of public danger of the act, drawing attention to the existing shortcomings in law enforcement, as well as assesses the effectiveness of the application of Art. 2641 of the Criminal Code in solving the issues of road safety.
 Based on the results of the study, the author concludes that there is an effective potential of the criminal law prohibition of driving a vehicle while under the influence of alcohol by a person who has been subjected to administrative penalty or has a criminal record. The author proposes the introduction of amendments to the criminal law legislation, aimed at strengthening the measures of criminal law impact on persons operating a vehicle in a state of intoxication.

Liability for illegal execution of activities on provision of consumer credit (loans): current status and perspectives for improvement

Consumer lending services are among the most demanded in the financial market. The high socio-economic significance of the activities of entities providing consumer loans is increasing in the context of regional imbalances in the implementation of banking services and the focus of credit institutions on clients with a certain income and stable income. Solving the problems of the availability of financial services for citizens living in small settlements, as well as persons who cannot receive funds from credit institutions due to low income, negative credit history, lack of collateral, microcredit organizations increase the purchasing power of the population, maintain the standard of living socially vulnerable citizens, stimulate the country's economy, involving (through investment) low-income strata in economic processes, making tax payments. The increased requirements for professional lenders determined the expansion of the illegal financial services sector, supported by high consumer demand. In order to counteract the illegal activities of illegal creditors and protect the interests of consumers of credit services, the legislator established administrative and criminal liability.The analysis of the current norms, which provide for liability for illegal activities for the provision of consumer loans (loans), carried out in the course of the study, made it possible to identify technical and legal flaws in the content of Art. 14.56 of the Administrative Code and enshrined in 2021 Art. 171.5 of the Criminal Code.Having identified the problems arising in the implementation of Art. 14.56 of the Administrative Code in practice, the author proposes to exclude from the disposition of this norm the signs that specify the subject of an administrative offense (legal entity, individual entrepreneur). The inevitability of the liability of illegal usurers will be ensured by changing the approach to determining the moment when illegal professional activities for the provision of consumer loans (Art. 14.56 of the Administrative Code) are concluded from the date of the conclusion of the consumer loan agreement on the day the creditor submits executive documents for organizing the enforcement of court decisions on the collection of the corresponding debt.Having determined the disposition of Art. 171.5 of the Criminal Code casually, with a triple reference-blanketness, the legislator not only deviated from the rules of legal technique, but also disoriented the law enforcement officer in the content of the criminal law prohibition. The author substantiates the proposals to state Art. 171.5 of the Criminal Code in a new edition, excluding the name of the violated law and detailing the signs of the subject of the crime. As crimi-forming signs, the composition covered by Art. 171.5 of the Criminal Code, it was proposed to determine alternatively: the large size of consumer loans (loans) issued by an illegal lender (over 2 million 250 thousand rubles); administrative punishment of a person under Art. 14.56 of the Administrative Code.

Criminal liability for smuggling of «special»" items: legislative realities and perspectives (on the example of forest smuggling)

Purpose. Solving the issue of firstly, the expediency of singling out a separate rule on forest smuggling, and secondly, the correctness of its location among criminal offenses in the field of economic activity, which should further help to form scientifically based recommendations on the directions of development of legislation on criminal liability for smuggling “special” items. To achieve the declared goals, a methodology was chosen, the tools of which made it possible to objectively investigate the decision of the legislator under consideration. In particular, philosophical, general scientific and specifically scientific methods were used during the coverage of the relevant issues. For example, the method of system-structural analysis was used both in the study of the connections of the analyzed criminal law prohibition with the legal system of Ukraine in general, and with other norms of the Criminal Code of Ukraine. The comparativist method made it possible to compare relevant provisions of domestic and foreign criminal legislation. Based on the results of writing this article, recommendations were formulated aimed at improving the criminal legislation in terms of countering the smuggling of "special" objects, in particular the smuggling of forest. The scientific novelty is that it was proved for the first time that at the current stage of the development of criminal legislation, it is expedient to allocate a separate norm on smuggling of "special" items, which should be the regulation of liability for smuggling of wood. Practical significance. The conclusions and suggestions formulated in the article can be used in the rule-making activities for the improvement of the criminal legislation of Ukraine regarding countering the investigated criminal offenses, by the developers of the project of the new CC, as well as in scientific research activities and the educational process - as a basis for further scientific studies of the problems of criminal responsibility for committing smuggling.

Использование сети Интернет как обстоятельство, отягчающее наказание: цивилизационная трансформация или предрассудки прошлого?

Introduction. The paper discusses the current problems of modern criminal law concerning the introduction of some qualifying features that establish a special way of committing a crime on the Internet. The proposals aimed at introducing a new aggravating circumstance into Part 1 of Article 63 of the Criminal Code of the Russian Federation are substantiated: “the commission of a crime using information and telecommunication networks, including the Internet.” In this regard, the purpose of the study is the analysis of the impact of information technology on the stability of the development of society through the establishment of criminal law prohibitions. The question is raised about the goals and objectives of introducing new provisions of criminal law establishing enhanced criminal liability for crimes on the Internet. Methods. Using the comparative legal method of scientific research as the main one, the authors trace the development of theoretical and legislative ideas about the impact of information technologies on public relations, analyze controversial issues of modern criminal law science, clarify and correct previously formed positions on the need to introduce new elements of crime. Results. Based on the conducted research, the opinion is substantiated about the absence of a systematic approach in the formation of the norms of Articles 110 of the Criminal Code of the Russian Federation, 1281 of the Criminal Code of the Russian Federation, and 133 of the Criminal Code of the Russian Federation, taking into account the interpretation of the norms of the criminal law proposed by the authors. Conclusions. It is advisable to amend the Criminal Code of the Russian Federation by excluding the feature “using information and telecommunications networks, including the Internet” from the Special Part. In addition, to eliminate the contradictions caused by the provisions under consideration, Part 1 of Article 63 of the Criminal Code of the Russian Federation should be supplemented with “the use of information and telecommunication networks, including the Internet.” The authors conclude that the new sign of crime slows down the civilizational transformation of criminal law norms, which does not allow timely responses to the challenges of modern reality.

Moral Categories in Russian Criminal Law

The paper studies the forms of interaction between criminal law and moral ethical prescriptions as two systems that regulate the behavior of subjects of public relations. The study made it possible to establish that at present there are five main forms of implementation of moral and ethical categories in the criminal law of the Russian Federation. First, the norms of morality are embodied through the institution of the principles of criminal law. Analyzing the principle of justice, the author describes in detail the relationship under study. Secondly, certain moral prescriptions have been transformed into criminal law prohibitions and are currently legitimized in the dispositions of the Criminal Code of the Russian Federation. Particular attention is given to the historical transformation of the moral and ethical norm into the norm of the criminal law. Thirdly, the criminal law directly protects public relations regarding public morality and morality, which is enshrined in Ch. 25 of the Criminal Code of the Russian Federation. Fourth, the assessment of the morality (immorality) of the behavior of victims of individual crimes affects the classification of crimes and the imposition of punishment. The materials of investigative and judicial practice are considered, in which law enforcement agencies assessed the immoral behavior of crime victims. Fifthly, the relationship between moral and ethical standards and the system of criminal law is found in the fact that almost all existing criminal law prohibitions were socially and historically determined by the requirements of morality and ethics. At the same time, it was established that there are both purely moral criminal law prohibitions, such as prohibitions on appropriation of someone else’s property or deprivation of life, and criminal law prohibitions based on morality, but significantly modified in the course of social development (crimes in the field of economic activity, computer crimes and others).

Prior authorization restrictions on medications for opioid use disorder: trends in state laws from 2005 to 2019

Research objective Medications for opioid use disorder (MOUDs) – including methadone, buprenorphine, and naltrexone – are the most effective treatments for opioid use disorder (OUD). Historically, insurers have required prior authorization for MOUD, but prior authorization is often reported as a key barrier to MOUD prescribing. Some states have passed laws prohibiting MOUD prior authorization requirements. We sought to identify the frequency of MOUD prior authorization prohibitions in state laws and to categorize types of prohibitions. Methods We searched for regulations and statutes present in all U.S. states and Washington DC between 2005 and 2019 using MOUD-related terms in Westlaw legal software. In qualitative software, we coded laws discussing MOUD prior authorization using template analysis – a mixed deductive/inductive approach. Finally, we used coded laws to identify frequencies of states with prior authorization prohibitions, including changes over time. Results No states had laws prohibiting MOUD prior authorization between 2005 and 2015, with the first prohibition appearing in 2016. By 2019, fifteen states had MOUD prior authorization prohibitions. States varied significantly in their approach to prohibiting MOUD prior authorization. In 2019, it was more common for states to have MOUD prior authorization prohibitions applying to all insurers (n = 10 states) than to only Medicaid (n = 7 states) or only non-Medicaid insurers (n = 1 state). In 2019, general prior authorization prohibitions (n = 10 states) were more common than prohibitions only applicable to medications on the formulary, prohibitions only applicable to medications on the preferred drug list, prohibitions only applicable during the first 5 days of treatment, and prohibitions only applicable during the first 30 days of treatment. Conclusions The number of states with an MOUD prior authorization law prohibition increased in recent years. Such laws could help expand access to life-saving OUD treatments by making it easier for clinicians to prescribe MOUD. KEY MESSAGES No states had MOUD prior authorization prohibitions between 2005 and 2015 in state statutes or regulations, and only one state had such a prohibition in 2016. By 2019, fifteen states had an MOUD prior authorization prohibition law. States varied significantly in their approach to prohibiting MOUD prior authorization, including with respect to the insurer type, duration of the prohibition, and applicable medication.

Social conditioning and grounds for criminalization of violations of the procedure for carrying out the international transfer of goods which are the subject to state export control

The paper emphasizes that violation of the procedure for international transfers of goods subject to state export control directly threatens the national security of the state itself. The criteria that serve as a measure of the social conditioning of the criminalization of violation of the order of international transfers of goods subject to state export control have been determined. Groups of factors influencing criminalization are identified. A literature review of the grounds of the criminal law prohibition, which serve as objective prerequisites for its establishment, was carried out. The position regarding the impracticality of considering a criminal offense provided for by Art. 333 of the Criminal Code, as an international convention. It was determined that the social conditioning of the criminalization of violations of the order of international transfers of goods subject to state export control is based on society's assessment of the act as criminal, that is, one characterized by such a degree of social danger that only criminal liability is the appropriate legal consequence public danger of this act. The public danger of violating the order of international transfers of goods subject to state export control is not only in weakening the national security and defense capability of a certain state, but also has an international character. It cannot be claimed that the criminalization of the violation of the order of international transfers of goods subject to state export control is a consequence of Ukraine's obligations under the international treaties it has ratified, since this conclusion will be justified only in the case when we are talking about the Convention on the prohibition of development, production, stockpiling and use of chemical weapons and on their destruction, Art. VII of which clearly provides for the establishment of criminal liability for acts prohibited by this convention. Criminal violation provided for in Art. 333 of the Criminal Code, cannot be considered as an international convention, since the criminalization of violation of the order of international transfers of goods subject to state export control is not a consequence of Ukraine's obligations under international treaties ratified by it, with the exception of certain acts defined by the Convention on the Prohibition of Development, Production, accumulation and use of chemical weapons and their destruction.

TINJAUAN HUKUM BAGI PELAKU PERJUDIAN PERSPEKTIF FILSAFAT HUKUM DAN FILSAFAT HUKUM ISLAM (PERBANDINGAN KUHP DAN QONUN NOMOR 6 TAHUN 2014)

Gambling is something that is considered taboo in various circles and causes polemics and even creates turmoil in this modern society. Both positive law and Islamic law prohibit gambling from being carried out, but there are still many people who justify any means to play gambling. In history, gambling cases are very difficult to eradicate, as if gambling had become commonplace and even become a habit for the community. In the current development of the era, gambling has become a social disease in our society, which naturally should be eradicated from social life. Many efforts have been made to deal with gambling cases such as providing sanctions for gambling actors, for example criminal sanctions and the like, but this has not deterred and gambling is still rampant in this modern society. The formulation of the problem in the discussion this time is how legal proceedings against gambling actors are handled either in accordance with the Criminal Code article 303 concerning gambling or in accordance with Qonon Number 6 of 2014.

Modern Rule-Making as the Basis for the Formation of a New Theory of Criminalization

Modern society is undergoing a period of transformation that affects all fundamental spheres, including the sphere of criminal policy and criminal law. The state of instability and uncertainty of social development is reflected, among other things, in the fact that the practice of current rule-making in the field of constructing criminal law prohibitions often demonstrates a clear contradiction to the rules and principles of criminalization that have developed in the domestic legal doctrine at the turn of the 20th and 21st centuries. This phenomenon receives a predominantly negative assessment in the scientific literature. Without denying the substantive criticism, at the same time, it is necessary to raise the question that the steady nature of deviations from the usual standard rules of criminalization indicates the gradual formation of a new theory of criminalization, the contours and content of which have not yet been recognized by science to the proper extent. Based on the study of the materials of the legislative process, the authors substantiate the idea that the modern practice of criminalization is based on a coherent system of doctrinal ideas that go back to the theory of psychological coercion of criminal punishment, the theory of criminal education of the individual, the theory of legal moralism, the theory of preventive criminalization and the theory of social constructivism. In their unique configuration, these theoretical concepts constitute a coherent doctrine that allows for the free, unrestricted construction of criminal law prohibitions in order to ensure the safety of the process of social transformation from any minimum possible and potential threats. It is possible to achieve that by means of the formation and maintenance through the threat of criminal punishment of the necessary moral status of individuals and the moral solidarity of society based on the values that are meaning-forming actors of social transformation.

Public danger and criminalization in the system of security measures

Subject of research: the article deals with the issue of the essence of public danger and its significance in the process of criminalization of public relations. The vectors of criminalization development are outlined.
 Purpose of research: to determine the criteria for criminalization of public relations in the system of measures of criminal legal influence in the structure of criminal law and the prospects for their further improvement.
 Methods and objects of research: the study used traditional methods of socio-legal and formal dogmatic analysis: documentary, historical and legal, analytical, systematic, logical.
 Main results of research: according to the results of the study, the author states that the criminal law of the classical type is being replaced by the criminal law of the utilitarian type, where the concept of crime is associated with causing harm, and public danger plays an auxiliary function. In the system of security measures, the public danger of an act does not form a criminal law prohibition. Criminalization is based on the element of expediency. The transformation of the subject and method of criminal law leads to the fact that the idea of security, which currently dominates the criminalization of public relations, determines the construction of preventive criminal law.

Biological Weapons as an Object and Means of Committing Crimes

The article presents a study on the actual and topic of criminal law protection of biological safety of the Russian Federation. A brief description of biological weapons as an object and means of criminal encroachment is given, examples of the evaluation of this concept by the scientific community are given, the problems of establishing criminal liability for the use of this type of weapon or its components as a means of committing crimes are analyzed. Legislative formulations of criminal law prohibitions of acts committed with or with the use of biological weapons are compared with a doctrinal approach to clarifying their content, attention is drawn to the need to change the prevailing interpretation of the provisions of part 2 of Article 356 of the Criminal Code of the Russian Federation, it is noted that the legislator does not always take into account the increased danger of dangerous biological materials used in the commission of a crime. As a result of the study, it is concluded that modern legislation regarding the application or use of various biocomponents needs to be improved.

The analysis of criminal law prohibition under Article 264.1 of the Criminal Code of the Russian Federation: problems and ways to overcome them

The analysis of criminal law prohibition under Article 264.1 of the Criminal Code of the Russian Federation: problems and ways to overcome them

Article: An Environmental and Legal Component of Criminal Offenses in Conditions of the Russian-Ukrainian International Military Conflict

The article examines the ecological and legal component of criminal offenses under martial law, since the risk of man-caused accidents and ecological disasters, which threaten security, including environmental and human ones, as well as international legal order, is increasing owing to aggressor-country army’s deliberate actions. It has been argued that the consequences of the military conflict for the environment, human life and health are already considered catastrophic. It has been proven that the ecological crisis should be recognized as an existential threat to the national security of Ukraine. Pressing issues of forming interdisciplinary (synergistic) connections between environmental and criminal law science and other areas of scientific knowledge have been covered. Considering the outlined problem is becoming of a significant relevance due to the fact that certain criminal offenses cause damage to the environment, thus, leading to its destruction. It is a matter of such criminal offence compositions as laws of the war violation (Article 438 of the Criminal Code of Ukraine (CCU) and ecocide (Article 441 of the CCU)). The expediency of improving the current criminal legislation and legal liability mechanism, which would satisfy the proportionality requirement, namely commensurate punishment of severity and consequences of the committed acts, has been substantiated. The expediency of further criminal law prohibition of ecocide in the new CCU Draft has been motivated, taking into account the degree of social danger as well as the severity of large-scale and long-term consequences for the environment and the entire humanity. It has been proven that the state’s environmental function to ensure environmental security, fundamental constitutional environmental rights of citizens, as well as to maintain ecological balance and sustainable development on Ukraine’s territory should become today’s narrative, with the environmental security component to be further included into the sectoral state restoration programs in order to form a new environmental law under martial law both for Ukraine and European countries. Based on our own conclusions and generalizations, proposals and recommendations for improving the current national legislation and greening the sectoral national policy components have been provided. It has been argued that legal mechanisms for fixing and determining the amount of environmental damage caused to natural resources and complexes as a result of armed aggression and hostilities under martial law should be established at the legislative level. environmental safety, environmental damage, environmental damage, environmental right protection, country’s natural resource potential restoration, severity of consequences, state’s environmental function, environmental and legal conflictology

Некоторые вопросы противодействия преступности в условиях информационной войны (часть 2)

The relevance of countering information attacks against Russia in modern conditions is gaining undoubted relevance, especially in light of the emergence of methods and tactics of cognitive attacks. Among the effective means of combating the negative illegal impact on the consciousness of the Russian population is the comprehensive use of the full potential of criminal legislation. An integral part of a competent information barrier policy is the timely improvement of regulatory regulation, which, first of all, should be aimed at stimulating socially useful behavior, counteracting factors that negatively affect the formation of personality and the deformation of consciousness. The article, taking into account a brief analysis of the transformation of the grounds for criminalization, in the light of a justified gradual rejection of the liberal model of criminal policy, identifies the directions of individual legislative changes, taking into account both the historical experience of Russian criminal law and the criminal legal regulation of similar legal relations in the legislation of states friendly to Russia. The authors, within the framework of the formation of effective criminal legal means of protecting national security from asocial information influence, formulated specific proposals for amending and supplementing the criminal legislation of Russia. Special attention is paid to improving criminal law prohibitions in relation to actions committed using social networks, the possible qualification of actions to involve persons unaware of the ultimate purpose of the acts committed in crimes against national security, strengthening criminal liability for discrediting, undermining the authority of government bodies.

Criminal Law and its Victim-Oriented Development: an Academic Inquiry

In the 21st century, one of the essential roles of the Criminal Code is to protect the rights and interests of crime victims. Criminal law is a complex field that must balance established principles with evolving societal dynamics. This involves various stakeholders, including the state, perpetrators, victims, and civil society, each with differing views on criminal law. The modern era, marked by post-truth narratives and a reputational society, has further complicated matters. Casuistry now prevails over systematic approaches, leading to a disconnect between criminal law’s foundational principles and intended societal outcomes. Contemporary criminal law operates on multiple dimensions, addressing individual, societal, and institutional levels while aiming to balance the interests of these entities. The transition from the “age of information” to the “age of reputation” underscores the importance of information subjected to external evaluation. In the context of harmonizing Ukrainian criminal legislation with EU and Council of Europe norms, it is vital to protect human rights. This aligns with a Committee of Ministers recommendation that recognizes crime as a wrong against society and a violation of individual rights, emphasizing the importance of safeguarding victim rights. Approaching criminal law from a victimological perspective offers unique insights into victim participation in criminal liability, crime qualification, and offender culpability. This perspective encourages assessing the efficacy of criminal law prohibitions and promoting victim engagement in crime control.

Symbioses between Green Marketing Sustainability and Competition Law in Malaysia

Purpose: The urgency to control and reduce environmental disasters to the air and water as well as plastic pollution, acute deforestation, industrial waste, chemical spills, climate change and global warming calamity has triggered the universal Sustainable Development Goals (SDG) policy. Thus, diverting the attention of every level of human activity towards attaining a ‘sustainable’ environment. This universal war against such environmental disasters has developed a reason to incorporate SDG policy goals into the Competition Law and Policy (CLP) globally. This exploratory study aimed to determine the symbiosis between the competition law and United Nations (UN), SDG policy application under Competition Act 2010 for promoting and enhancing Green Marketing (GM) in Malaysia. 
 Methodology: The study examines viable options for competition regulators to address sustainability policy for green marketing (GM) benefits under the scope of CLP. The study applies qualitative analysis by way of comparative study to the European Union (EU) approach to determine GM marketing legitimacy for acclaiming SDG policy as a criterion within the exemption proviso in the Competition Act 2010, Malaysia.
 Findings: Competition Law can support GM sustainability initiatives to improve the environment since GM is not just about producing and marketing environmentally sustainable products but from a broader perspective contributes to innovation and consumer welfare. Hence, GM's social market and societal benefits towards sustainability objectives are arguably considered to outweigh its countervailing anticompetitive effects for sustainable exemption policy under the CLP. However, GM can only substantially contribute to addressing global warming and the environment under the SDG if applied legitimately. In addition, the GM must be also endorsed to incorporate broader environmental-related benefit policy within its competition law prohibition and exemption framework to resonate with the UN’s SDG.
 Implications/Originality/Value: The endorsement of GM sustainable benefits by way of exemption, exception or being pro-competitive allows a fair competitive advantage for GM industry growth. The research examines and proposes the exemption options for GM-related mergers, a collaboration by way of agreement and government exception policies under CA2010.

Symbioses between Green Marketing Sustainability and Competition Law in Malaysia

Purpose: The urgency to control and reduce environmental disasters to the air and water as well as plastic pollution, acute deforestation, industrial waste, chemical spills, climate change and global warming calamity has triggered the universal Sustainable Development Goals (SDG) policy. Thus, diverting the attention of every level of human activity towards attaining a ‘sustainable’ environment. This universal war against such environmental disasters has developed a reason to incorporate SDG policy goals into the Competition Law and Policy (CLP) globally. This exploratory study aimed to determine the symbiosis between the competition law and United Nations (UN), SDG policy application under Competition Act 2010 for promoting and enhancing Green Marketing (GM) in Malaysia. 
 Methodology: The study examines viable options for competition regulators to address sustainability policy for green marketing (GM) benefits under the scope of CLP. The study applies qualitative analysis by way of comparative study to the European Union (EU) approach to determine GM marketing legitimacy for acclaiming SDG policy as a criterion within the exemption proviso in the Competition Act 2010, Malaysia.
 Findings: Competition Law can support GM sustainability initiatives to improve the environment since GM is not just about producing and marketing environmentally sustainable products but from a broader perspective contributes to innovation and consumer welfare. Hence, GM's social market and societal benefits towards sustainability objectives are arguably considered to outweigh its countervailing anticompetitive effects for sustainable exemption policy under the CLP. However, GM can only substantially contribute to addressing global warming and the environment under the SDG if applied legitimately. In addition, the GM must be also endorsed to incorporate broader environmental-related benefit policy within its competition law prohibition and exemption framework to resonate with the UN’s SDG.
 Implications/Originality/Value: The endorsement of GM sustainable benefits by way of exemption, exception or being pro-competitive allows a fair competitive advantage for GM industry growth. The research examines and proposes the exemption options for GM-related mergers, a collaboration by way of agreement and government exception policies under CA2010.

LARANGAN PERCERAIAN DALAM PERSPEKTIF HUKUM ADAT LAMPUNG

The people of Lampung have a paradigm that marriage is life and death, while divorce is taboo and forbidden, because it will separate the two large families according to custom. This study aims to examine the paradigm of the Lampung indigenous people regarding the prohibition of divorce in the perspective of maqasid sharia. This research is a type of qualitative field research with a socio-philosophical approach in reviewing maqasid sharia, while the primary data is by interviewing Lampung traditional leaders and communities, while the secondary data is books and articles published by talk about the prohibition of divorce in the indigenous people of Lampung. Philosophically, the people of Lampung have a life philosophy of piil pesenggiri (self-esteem) and for the sake of maintaining the sacredness of the Lampung Pepadun traditional marriage which is carried out according to religion and custom, so that divorce becomes a disgrace, because it will lower family pride. However, this does not mean that it is absolute, that divorce is an emergency exit, even though it is taboo for adat. Meanwhile, historically, this customary prohibition law has been passed down by previous ancestors which was preserved by the indigenous people of Lampung for the sake of protecting their descendants (hifdzu nasl).