Rule Of Law Research Articles

Teaching public administration and the rule of law

Teaching public administration and the rule of law

Legal security of the protection of judicial constitutional control: general guidelines for understanding

Legal security of the protection of judicial constitutional control: general guidelines for understanding

Use of Realism as Social Commentary on Specific Subject Matter in Painting: An Analysis of the Realist Paintings of Zephania Lukamba, Kenyatta University, Nairobi, Kenya

The creation of any work of art often has a purpose or an intent. In this regard, artists endeavour to create pieces of artwork that bear or propagate certain meanings or points of view and also express some social phenomena that are unique to a particular environment or what has often been referred to as a catchment area. This is usually an important artistic undertaking because artists have the innate responsibility to observe certain social peculiarities and visually record them for all their worth. Some of these peculiarities are a reflection of society and its circumstantial behavioural tendencies often brought about by various factors; such as social-economic malaise and bad governance that precipitates social decay. When an artist embarks on such an artistic depiction of his or her own social environment, then there is a need to give it due artistic attention. This study featured 22 paintings based on the subject matter of the overloading of vehicles. Although the paintings appeared generally alike in terms of layout and execution, it is the depiction of the paradox of the repeated occurrence of the same phenomenon which in reality reflects a tendency that is both widespread and bizarre. In this regard, each painting depicts a scene that in reality is in itself a specific curious occurrence. This, in retrospect, can be seen as a type of popular culture of defiance and of the absurd. Since the overloading of any vehicle is ordinarily not only unwarranted and dangerous, but also blatantly illegal, the artist, in his observations which constituted this study, depicts a societal problem that has degenerated into impunity. This study, therefore, sought to find out how effective such focused paintings were as an avenue for social commentary. The artist over a period of time observed incidents of overloading as they manifested themselves in real-life occurrences and made the necessary sketches that were later developed into paintings in the studio. The paintings were examined using formal analysis to delve into their composition and use of elements and principles as well as descriptive analysis to explore their meaning or what the artist intended to convey. The study posits that the essence of such focused paintings in this study is that they become a visual pointer to the wider debate about the debilitating effect of such social malaise upon the psyche of society. The ordinary citizenry subsequently becomes spectators in their own space that degenerates into such recklessness and disregard for individual and collective safety as well as the rule of law

Legal Protection Of Children As Victims Of Maltreatment In Child Protection Law And Islamic Legal Perspectives

Children are Allah's entrustment to parents, society, nation and country heirs of Islamic teachings (revelation of Allah Almighty) which will later prosper the world as rahmatan lil 'âlamîn. That every child has the right to protection from violence or persecution and discrimination as mandated in the 1945 Constitution of the Republic of Indonesia. The rights of children as victims of criminal acts of maltreatment include, such as treatment, psychological rehabilitation and compensation. This research was conducted with normative legal research. Normative legal research is research that places law as a building system of norms, consisting of principles, norms, rules of laws and regulations, court decisions, agreements and doctrines.

Tricks under Trade: How International Trade Both Facilitates and is Facilitated by Corporate Environmental Crime in the Waste and Hydrocarbon Sectors

Abstract Legal scholarship in the realm of international economic law has a blind spot: the practice of international trade. Cargo and container shipping is the blood and guts of international trade, and it is fuelled by bunker oil – a hydrocarbon mixture of the dirtiest petroleum-based products. Worryingly, there is empirical evidence of bunkers being intentionally contaminated with waste oils. This fraudulent contamination violates numerous international, national, and EU rules on waste management and poses immense risks to the health of planet and people alike. These same acts of fraud are also extremely profitable, and they facilitate the smooth functioning of our global economy. The fraud is itself not just incentivised in the tight-margins reality of international trade, but it is facilitated by the lack of proper legislation and the vulnerability of the existing means of enforcement in the areas where there is legislation to comply with. Economic operators often use falsified documents to market fuel oil that should be considered as waste. Systematic wrongdoing of this kind is detrimental to the environment and risks eroding the rule of law in both its formal and substantive conceptualisations.

A Legal And Sosiological Analysis Of Trademark Circulation In Indonesia

Intellectual property rights are a system of modern life that is interconnected with the system that exists today. Intellectual property rights are a by-product of human ideas and thought patterns, so they are currently one of the complex problems that arise in the world of commerce. The aim of this research is to analyze the sociology of law in the circulation of trademarks in Indonesia. Analytical descriptive methods are used in research specifications to describe facts and realities relating to trademark law in Indonesia. The research results show that, within the framework of the rule of law, respect for trademark rights is a national honor given to individuals who have taken the time to consider developing original and distinctive works of intellectual property. Legal sociology has a role in violations that occur in trademark cases; apart from filing criminal and civil charges for failure to reach a resolution, there are other options to overcome existing problems. All parties must comply with certain requirements so that the conflict resolution process can be effective. Having a certificate is one of the components of feeling more comfortable running a business in the future. It is easier for trademark owners to demonstrate ownership rights to the trademarks they use, so they don't need to worry about their company if a lawsuit occurs. Based on the results of the analysis carried out, society, namely the private sector, must support intellectual property, including trademarks, by upholding corporate ethics that demand integrity in all business dealings. Strong business growth in terms of market share and product quality is a catalyst for economic expansion, raising living standards, and achieving economic development.

Ensuring the rule of law when using a video conferencing system in an investigative action involving a detained defendant

Ensuring the rule of law when using a video conferencing system in an investigative action involving a detained defendant

Research on the Progressiveness and Deficiency of Laws of the Twelve Tables

The wheel of history rolls forward, leaving a profound mark on the land of ancient Rome. In this long history, Roman law, as the birthplace of Western civilization, has a far-reaching impact. Among them, the bloodshed between the aristocrats and the commoners is undoubtedly the most profound mark in Roman history. However, behind this mark is hidden a great law - the Laws of the Twelve Tables. Laws of the Twelve Tables is the earliest written law of ancient Rome, which had a profound influence on the development of the legal system of later generations. The birth of this law marked the transformation of Roman society from a tribal union to a centralized system, and laid the foundation for the later Roman Empire. This paper will assess the historical significance and impact of the Twelve Bronze Tables Law in light of contemporary legal theories. This will offer a fresh viewpoint and source of inspiration for future research on Roman legal history, help people around the world gain a better understanding of the principles and practices of the rule of law in ancient Rome, and serve as a helpful guide for the development of the rule of law in contemporary society.

PERMANENT LEGAL STRENGTH (INKRACHT VAN GEWEIJSDE) PKPU PEACE IN BANKRUPTCY LAW

The decision to ratify PKPU peace (homologation) based on its regulations has permanent legal force (inkracht van geweijsde). The nature of permanent legal force is related to whether it can be executed or implemented immediately, so that this decision requires legal certainty by stating that the decision must have permanent legal force. Bankruptcy law regulates differently regarding the permanent legal force in PKPU decisions, the difference being that the permanent legal force does not apply to the entire substance of the case but only to the peace agreement agreement, which can be called limited permanent legal force. Regarding this specificity, the researcher wants to analyze it under the title "permanent legal force (inkracht van geweijsde) of PKPU peace in bankruptcy law". This research uses normative juridical research methods, with the analysis of peace theory, legal system theory and theory of legal objectives with a statutory approach, conceptual approach and case approach and which is expected to have prescriptive value in the future in accordance with its axiology, namely the aim of law is justice

Independence of judges as a constitutional principle and deontological basis of the judicial profession

Independence of judges as a constitutional principle and deontological basis of the judicial profession

The right to education in the system of constitutional rights and freedoms of a person and a citizen

It was established that, despite the universal recognition of the right to education as one of the fundamental human rights enshrined in international documents and the constitutions of many states, there are a number of significant challenges in the implementation of this right at the national and global levels, including unequal access to quality education, limitations of opportunities for individual social groups, as well as the need to adapt educational systems to the rapidly changing conditions of the modern world. It is emphasized that the right to education is one of the fundamental human rights, enshrined in the constitutions of many countries of the world and international documents and is recognized not only as an important individual freedom, but also as a necessary condition for the development of democracy, the rule of law and social progress. It is noted that the right to education, as an important component of the system of human rights and freedoms, is characterized by a number of main features: universality - the right to education belongs to every person without any exceptions or restrictions based on gender, race, nationality, language, religious beliefs, social origin, state of health, beliefs or any other characteristics; every person has equal opportunities for access to education at all levels, in particular, it is also about overcoming gender inequality, as well as inequality related to physical or mental limitations, socio-economic status or place of residence; accessibility for all, which means the absence of any barriers that can prevent a person from getting an education (both financial barriers and barriers related to the place of residence, social status or special needs of a person); the quality of the process of realizing the right to education, which includes not only access to educational institutions, but also the guarantee of obtaining a quality education that contributes to the full development of the human personality; adaptability - the education system should be flexible and adapted to the needs of different population groups, including persons with special educational needs, migrants, national minorities and other vulnerable groups. In summary, the right to education is an integral part of the system of constitutional rights and freedoms of a person and a citizen and is at the basis of the development of a fair and free society, providing every person with the opportunity to realize their potential and actively participate in society. Ensuring access to quality education for everyone without exception is a key task of the state and the international community on the way to achieving sustainable development and strengthening human rights.

Internal threats to the national security of Ukraine

A general theoretical description of the main internal threats to the national security of Ukraine is presented. Threats, risks and challenges are distinguished. It is emphasized that the problem of social inequality, economic stratification of the population and injustice is acute in Ukraine. The gap between the rich and the poor continues to grow. It causes anxiety and crime, which is, as is known, a significant threat to human rights and freedoms, national security. The global problem of today is terrorism, which poses a significant danger to human rights, is not only a criminal, but also a military-political threat, a new form of war, as we can see in the example of the war with Russia, when Russian troops kill the civilian population of Ukraine, destroy residential buildings and objects of critical infrastructure. Restrictions of rights and freedoms, ineffectiveness of the law, inefficiency of the authorities, which are too popular in a corrupt society, are also a threat. Demographic losses and the lack of a clear image of the country's future complete the perception of internal threats. The author concludes that corruption and war occupy a special place in the system of threats to national security. Corruption undermines democracy, the rule of law, hinders the effective provision of public services and nullifies people's hopes for security, without which it is impossible to fully realize human rights and freedoms. In a corrupt country, corrupt people get rich on war, steal material aid and funds allocated to Ukraine by other countries, international organizations, even funds collected by the population to help the military. By their actions, corrupt officials convince the whole world that its help is a useless thing, because it can be stolen. The facts of corruption are used by the enemy to incite the population to protest, which also does not contribute to national security.

Tax Revenue In Asian Countries: Contribution Of Economic Sector With The Rule Of Law As A Moderating Variable

The implementation of government effectiveness aims to provide the best service to the community. The effectiveness of this organization can be measured by one of them using The Worldwide Governance Indicators (WGI) project index. From 2010 to 2019, there are seven Asian countries with effectiveness indexes above the world average, namely Georgia, Hong Kong, Thailand, Japan, South Korea, Singapore, and Malaysia. Through this study, it will be assessed whether this effectiveness supports tax revenue by conducting research on the effect of the contribution of the industrial sector and the service sector to Gross Domestic Product (GDP) on the effect of tax revenue. Then the author also conducts research whether the interaction of moderating variables, in this case the Rule of Law Index variable with the two independent variables (the contribution of the industrial sector and the service sector to Gross Domestic Product (GDP)) has an influence on the contribution of tax revenue to GDP considering that law enforcement is one of the steps in the implementation of controlling tax payments. The results obtained in this study state that before the interaction with moderating variables, the independent variables, namely the industrial sector and the service sector in GDP contribution, have a significant negative effect on tax revenue. Then when the moderating variable, namely the rule of law index, interacts with the industrial sector and the service sector, the effect of the two independent variables on the tax revenue variable has increased to a significant positive effect, so that the moderating variable in this study has a role that strengthens the influence of the independent variable on the dependent variable.

Judicial precedent in the Romano-Germanic legal family

The article is devoted to the study of the institution of judicial precedent in the Romano- Germanic legal family. It is established that the countries of the Romano-Germanic legal family, unlike the countries of the Anglo-Saxon legal family under the influence of Roman law, in the context of codification of law, have determined for themselves the priority source of law - law, not precedent. However, there is a gradual increase in the role of judicial precedent in continental law countries due to a number of factors that contribute to the intensification of judicial rulemaking. First, in these countries, there are still branches of law that, for various reasons, either do not have legal regulation or are regulated only by general reference rules or framework provisions. For objective reasons, the legislator cannot foresee the entire variety of real-life phenomena. This pushes the courts to adopt legal provisions that can fill in the gaps in the legal regulation of social relations. Secondly, there is a noticeable lag between legislation and dynamically changing social relations, resulting in the formation of large segments of social life regulated by legal acts that have lost their relevance. The current realities, which are largely full of unpredictable events, highlight the need for legal systems to adapt. All of this contributes to the use of judicial precedents, which serve not only as a tool for resolving specific disputes, but also as a means of developing law, allowing to fill existing «gaps in law». In the Romano-Germanic legal family, the real legal force of a judicial precedent is determined not so much by its formal enshrinement in legal acts as by actual life circumstances. Real-life situations, as well as the practical necessity and demand for precedent as a source of law, play a key role in determining its true legal status and legal force. Judicial precedent in continental law countries is becoming increasingly important, becoming an integral element of dynamic and adaptive legal regulation over time, and the rules establishing the generally binding force of precedents and the discretionary powers of authorized bodies are increasingly common in both public and private law in these countries. Judicial precedent in these countries should be considered as a source of law from a practical point of view, focusing on solving problems arising in the process of law enforcement.

The Legal Nature of the Institute for Recognition Assets Unfounded and Recover them into State Revenue

The Legal Nature of the Institute for Recognition Assets Unfounded and Recover them into State Revenue

On the question of the role of the principle of justice in the system of principles of criminal punishment

On the question of the role of the principle of justice in the system of principles of criminal punishment

Theoretical and legal analysis of the operation of law during martial law in Ukraine

The article examines the theoretical and legal aspects of the operation of law during martial law in Ukraine, which arose in connection with Russian aggression in 2022. The author analyzes the constitutional foundations and peculiarities of the operation of law under martial law, and examines the peculiarities of legislation and its application in Ukraine. Particular attention is paid to restrictions on constitutional rights and freedoms of citizens under martial law, such as freedom of movement, the right to peaceful assembly, and others. The article contains proposals for improving the legal regulation of martial law in Ukraine in order to ensure national security and protect the rights and interests of citizens. In continuation of the analysis of the theoretical and legal aspects of the operation of law during martial law in Ukraine, the article examines the mechanisms of institutions responsible for implementing legislation in times of crisis. Particular attention is paid to the role of the authorities in ensuring compliance with the rights and obligations of citizens during martial law, as well as the importance of defining procedures and control over the restriction of constitutional rights and freedoms during this period. Additionally, the article analyzes international experience and standards in this area in order to offer recommendations for improving Ukraine's domestic legislation in the context of protecting the rights and freedoms of citizens during martial law. Such an approach is aimed at ensuring national security and ensuring law and order in a crisis situation arising from aggression. The main task of law during martial law is to ensure national security and protect the rights and freedoms of citizens. However, this must be done in compliance with the basic principles of the rule of law, including transparency, legality, proportionality of measures and guarantees of judicial protection of citizens' rights. Only such an approach will ensure the effectiveness of management measures in a crisis situation, while preserving the basic values of the legal system.

Current issues of labour dispute resolution through mediation

Current issues of labour dispute resolution through mediation

Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state

The article deals with the protection of the rights, freedoms and legitimate interests of a person and a citizen in administrative proceedings under martial law. It is argued that the right to a fair trial is a non-limiting right during certain emergencies. In the conditions of martial law, the implementation of the principle of court accessibility is one of the key factors for society, individual citizens, and for the effective functioning of public authorities and the state in general. It is argued that the right to judicial protection is critically important during war, and its hypothetical restriction could provoke the illegitimacy of the government, civil unrest, and in a broad sense, anarchy and violation of the rule of law. It has been proven that the legal system acts as an invariable mechanism for compliance with the requirements of legality, even in difficult political and legal circumstances due to the continuity of functioning, including administrative proceedings. In the conditions of war, when many democratic forms of public participation in the political process are limited, only administrative justice acts as the mechanism that allows you to oppose this "dominant paradigm” of executive management and is able to resolve public requests, overcome possible dissonances between the government and society, and normalize social relations according to the latest challenges and requests. Therefore, the effective and proper work of the judicial system as a whole, and especially of the administrative judiciary, creates a "platform” for preserving the policy of a democratic, legal state in conditions of martial law. It is also indicated that the role of administrative justice during the war is also valuable in that court decisions strengthen state-authority decisions and form proper law enforcement practice for subjects of power and other subjects. The three most significant problems of the functioning of administrative justice in the conditions of war are singled out: territorial accessibility, security threats and difficulties of a procedural nature. It was determined that electronic governance has become an effective mechanism for countering military threats to the administrative justice system.

Police custody: preventive or coercive police measure

The scientific article is an attempt to find out whether police care belongs to a preventive or coercive police measure: It has been established that in view of the legal basis, police custody is clearly classified as preventive police measures. It is emphasized that the essence of police custody is the limitation of some constitutional human rights, although the purpose of applying the measure is preventive - prevention of offenses committed by persons subject to police custody and in relation to such persons. It was determined that police custody should be carried out taking into account, first of all, guarantees of human rights and freedoms, guided by the principles of the rule of law. The analysis of the theory of administrative law and the normative legal grounds for the use of police custody allowed the author to attribute the latter to measures of administrative coercion, namely, measures of administrative prevention. It has been proven that the purpose of applying administrative prevention measures coincides with the purpose of applying police supervision. The article delimits police custody from the delivery and detention of the offender. The author dispels the myth about the identity of police custody, delivery and administrative detention, because they fundamentally differ in their purpose, the place where the person is delivered, the terms of application, and the legal meaning. Emphasis is placed on the fact that the parallel application of other preventive police measures (surface inspection, document verification, interviews) is possible during the implementation of any of these measures. Attention was drawn to the fact that police coercive measures (measures of physical influence, special measures) can be applied during delivery and administrative detention, but not during police custody. It was concluded that there is a platform for discussion about the affiliation of police custody to a specific type of police measures.