Practice Of Law Research Articles

PRACTICAL LAW DEVELOPMENT THE INSTITUTION OF POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS TO ACHIEVE THE VALUE OF JUSTICE

Practical law development is described as implementing the duties or ideals of the law in practice. Law is an arrangement the state provides to the community as a guarantee of security for justice seekers (justiabelen). In practice, cases examined in the application of the law by linking the regulatory norms with the legal facts, then the result of the judge's analysis is the ratio decidendi as the basis for making the ruling, as well as the decision in the PKPU realm in bankruptcy law which is lex specialist on the work of PKPU institutions. The success of the PKPU institution's work with a court decision that has permanent legal force (inkracht van gewijsde) (vide Article 287 of the Bankruptcy and PKPU Law). The PKPU peace institution in every case settlement is needed to be strongly encouraged so that the success rate is high. This is because this institution at an early stage is desired to be a tool in stopping the bankruptcy decision for the debtor, so that the debtor can continue his business and can pay his debts to creditors, therefore it is expected to provide justice for the parties who are litigating. The purpose of law is to achieve the value of justice, with the value of legal certainty and the value of the benefits of the PKPU institution, which is part of the value of justice as a legal goal. The author in this article analyzes "how the practical legal implementation of the PKPU peace institution achieves the value of justice". The writing of this article uses the normative juridical method, which makes the norm as the legal concept, and uses the analysis knife of the theory of legal objectives taken from 3 (three) general teachings of Gustav Radbruch, namely certainty, benefits and the end is justice, in addition to dissecting it, also using Kees Schuit's theory, namely idiil elements, operational elements and actuil elements. The approach used is conceptual approach, statutory approach, and case approach. The conclusion to be reached has prescriptive value as an apology for the world of legal science, especially the science of bankruptcy law and the institution of Postponement of Debt Payment Obligations (PKPU).

Point-of-care diabetes testing in the dental setting: A national scope of practice survey.

The aim of this study was to assess the knowledge of state dental directors regarding their state's professional practice act, specifically scope of practice laws regarding point-of-care chairside screening for diabetes. A cross-sectional study design was used to examine the 50 state dental directors' knowledge of policy around point-of-care diabetes testing in their state. A five-item survey instrument was designed in a web-based platform and electronically distributed in 2022. Thirty-seven states (74%) responded to the survey. Regarding whether it was within the scope of practice for dentists to provide chairside point-of-care HbA1c screening, 17 states (46.0%) responded "yes," 5 states (13.5%) responded "no," and 15 states (40.5%) responded "don't know." Of the 17 states who provide diabetes testing, four states (23.5%) reported that dentists were reimbursed, nine states (53.0%) reported they were not reimbursed, and four states (23.5%) reported they did not know regarding reimbursement. There is significant state heterogeneity with regard to laws, regulations, and reimbursement for chairside diabetes testing in the United States. This is accompanied by vagueness and lack of specificity in the state education laws. For more widespread promotion and adoption of this evidence-based screening, the entire dental community including clinicians, educators, policymakers, payers, and professional organizations at all levels are encouraged to work together to advocate for clarification and specificity in the language of state education laws as well as reimbursement for this vital service.

Analysis of The Impact and Dynamics of Gratification In The Practice of State Administrative Law

The practice of gratification, which involves receiving rewards or gifts by state administrative officials, can undermine the foundations of good governance principles. The implications of gratification practices can damage the government's image, reduce public trust, and affect the effectiveness of public policy. This phenomenon creates challenges in various aspects, including public ethics, public trust, and the effectiveness of legal institutions. Apart from that, the dynamics of gratification can also penetrate the administrative decision-making process. Objective considerations in decision making can be disturbed by the influence of gratification, resulting in policies that are not in line with the public interest. This opens up gaps in inequality in public services and inefficient use of public resources. The high complexity of this problem requires an in-depth understanding of the dynamics of gratification in the practice of State Administrative Law. Especially solutions to overcome the problems of awareness and ethics of state administration administrators, internal and external supervision of perpetrators of gratification, environmental conditions of work organizations and active participation from various stakeholders to prevent and eradicate can involve various parties, especially law enforcement officials, the media and the public to proactively reveal , urge and report behavior that leads to gratification. This article explores the phenomenon of gratification in the context of state administrative law practice. Through in-depth analysis, we explain the dynamics behind gratification, its impact on the effectiveness of the state's administrative legal system, and efforts that can be made to overcome this problem. Our research concludes that a deep understanding of gratification is critical to enhancing the integrity and credibility of the country's administrative legal system.

Research on Copyright Recognition of Content Generated by Artificial Intelligence

With the rapid development of artificial intelligence technology, artificial intelligence has developed into "expressive artificial intelligence", artificial intelligence-generated content (AIGC) is more and more widely used in various fields. However, there are still some disputes and confusion about the copyright ownership of these machine-generated content. This paper first introduces the basic concepts and characteristics of artificial intelligence-generated content under the current background. Secondly, this paper discusses the positioning of AIGC in the copyright law and the difficulties in protecting the rights and interests through the different views and legislative practices on the copyright recognition of artificial intelligent-generated content in the world. Finally, in view of the current disputes, such as "creative requirements" and "human participation", this paper puts forward the possible ways to solve this problem in the future, including improving the copyright law to clarify the right ownership and responsibility of AIGC, learning from foreign experience, and establishing the copyright ownership system of AIGC, etc., which provides a useful reference for the formulation and practice of relevant laws and regulations.

Is critique part of the practice of international law?

Abstract This article empirically explores whether critique is part of the practice of international law by drawing from citation practices and interviews with actors of international courts and tribunals. It argues that critique is immanent to practice as part of international law’s unending, hermeneutic, and transformative engagement with human society.

Принцип равенства всех перед законом как общеправовой принцип в правовых системах России и Армении (сравнительно-правовое исследование)

The article presents a comparative law analysis of the general law constitutional principle of Russia and Armenia: the principle of equality of all before the law. The author reviews the history of statutory consolidation of this principle in the Soviet period of Russian and Armenian history, special aspects of consolidation on the constitutional and industrial levels in the Russian Federation and the Republic of Armenia and the role of the principle of equality of all before the law in the law enforcement practice.

Effective enforcement of the EU framework on the posting of workers: Empirical evidence

This article addresses the issue of effective enforcement of EU labour law by looking at the case study of the enforcement of the EU framework on the posting of workers. While recent years have seen a revival of Social Europe in the form of the European Pillar of Social Rights, scholars have also expressed concern over the effectiveness in practice of transnational labour law, and EU labour law in particular. Rasnača (2022) argues that ineffective enforcement creates a ‘justice gap’ between formal rights on paper and access to these rights in practice. One example of an area of EU labour law plagued by enforcement issues is the posting of workers. It is a peculiar type of intra-EU labour mobility, where posted workers, despite often being EU citizens, cannot benefit from the protection afforded by the EU's fundamental principle of the free movement of workers. As the original Directive 96/71/EC on the posting of workers proved manifestly inadequate to safeguard the rights of posted workers, the EU enacted Directive 2014/67 to improve the framework's enforcement. This article offers an evaluation of the Enforcement Directive based on data collected from 29 qualitative interviews. The effectiveness of the Enforcement Directive will be assessed based on the theoretical framework of precarious work. It will be argued that while the Enforcement Directive has contributed to narrowing the justice gap, posted workers continue to be exposed to precarity.

The Impact of ChatGPT Technological Innovation on Civil Law Practices: Challenges, Opportunities, and Implications of Article 1338 of the Civil Code

In the continuously evolving digital era, technological innovation increasingly influences various aspects of human life, including civil law practices. One intriguing technological innovation is ChatGPT, an artificial intelligence-based language model capable of generating high-quality text closely resembling human capability. This research aims to provide a deeper understanding of the impact of ChatGPT technological innovation on civil law practices, considering the challenges, opportunities, and implications of Article 1338 of the Civil Code. This study is a literature review employing a qualitative approach and descriptive analysis. Data for this research were gathered from Google Scholar within the timeframe of 2019-2024. The study's findings indicate that the introduction of technological innovations such as ChatGPT has significantly transformed the landscape of civil law practices. Despite posing several challenges, such as technological skill availability, data security, and questions regarding legal validity, ChatGPT also presents substantial opportunities to enhance efficiency and accessibility in civil law practices. Considering the legal principles underpinning civil law practices, particularly within the context of Article 1338 of the Civil Code, is crucial in evaluating the impact and utilization of technologies like ChatGPT. The necessity for collaboration between legal experts and technologists to develop guidelines and standards that guide the ethical and effective use of technology is also highly imperative.

Covid-19, State Effectiveness, and Core Values of Political Morality

Abstract There are three main failures that occurred during Covid-19 which relate to critical aspects of what Jeremy Waldron has referred to as the constellation of political values or ideals constituting the core of our political morality. These include questions of democracy, human rights, and the rule of law. To analyze how these values were affected by Covid-19, this article begins with an overview of what occurred during the Covid-19 crisis. First, I focus on the deliberation and decision-making processes applied during the crisis. Second, I review key aspects of state effectiveness that the experience exposed. Third, I consider the ways government responses affected human rights protections. I then examine these themes through leading theoretical accounts about the critical components of political morality including rule of law, democracy, and human rights. Drawing on those theoretical perspectives, I seek to identify the broad causal story about the developmental process through which rule of law, democracy, and human rights emerge. A critical component of that story is the role of state effectiveness. In the final section, I confront these theoretical and empirical views with key takeaways from governments’ responses to Covid-19 from the standpoint of Waldron’s constellation of values of democracy, human rights, and rule of law. In conclusion I consider the implications of this understanding for the theory and practice of law and development.

User accounts: How technological concepts permeate public law through the EU's AI Act

This article argues that through the EU's technology regulation, technological concepts permeate legal language. Such concepts may function as transplants, even irritants, causing tensions and uncertainties. As technology regulation is increasingly horizontal, i.e. obligating private and public actors alike, these newfound legal concepts remain disconnected from established public law vocabulary and the power constellations it represents and embeds. We approach this evolution of legal language from public law perspective and concentrate on the concepts of ‘user’ and ‘deployer’ in the EU's upcoming Artificial Intelligence Act. We discuss these emerging legal concepts in relation to the rich theorizing on the concepts in human–computer interaction research. Our analysis demonstrates a discrepancy between legal and technology-oriented conceptualizations of the ‘user-deployer’. We draw three conclusions. First, the digital revolution is taking place in conceptual-linguistic practices of law, and not only when translating law into code. Second, when external concepts are appropriated into law, they are uprooted from their established habitat, which may result in unpredictability in future legal interpretation. Third, in public law, adopting the ‘user-deployer’ may have some additional challenges, as it introduces a new agent into the relationship between public authority and private entities. Simultaneously, citizens seem to be mainly excluded from the legal conceptualizing, which risks blurring traditional power constellations.

Inżynieria prawna w ekosystemie prawniczym gospodarki cyfrowej

In the digital economy, the use of artificial intelligence is inevitable, including by lawyers. While there is a perception that artificial intelligence will not fundamentally change the practice of law, and that the legal profession requires specialised skills and making judgments in a way that only humans do, the use of technology in the legal sector is and will continue to become more prevalent. While not every problem can be solved by technology, there are fewer and fewer solutions that will not be supported by it in some way. This will increase the role of legal engineers – they will build the future of law, which can be imagined as a collaboration between all members of an organisation, including those with a legal background and those with experience in other fields. The diversity of perspectives encourages innovative thinking, the creation of more efficient service delivery models, and the satisfaction of both service providers and service recipients, while work automation minimises risk and reduces the number of errors by ensuring that the same rules are followed every time. Many lawyers have accepted that technology has and will continue to play a big role in their work, although not all are well equipped to use it. They need new skills, primarily in management, project delivery, finance, marketing, mediation and negotiation, as well as modern technology.

Adjusting the Legal Profession’s Privacy Responsibilities to Keep Up with Technological Changes

Protecting privacy is rarely simple. Privacy is a right that has significant limitations, especially where legal actions are concerned. For example, there are situations in which privacy laws may be relaxed, especially when it comes to criminal activity. In these instances, information being shared may not necessarily be considered a breach of ethics. Moreover, there are situations in which a lawyer may be allowed to violate their duty of confidentiality, such as when they have confidential information that would prevent harm to another person. In these instances, it can be complicated for lawyers to assess the nuances of the situation, especially when their client shares information—in confidence—about criminal activity. Thus, an ethical lawyer must often consider how to properly and ethically use the sensitive and private information they obtain. The obligations lawyers have regarding information are very serious. A breach of privacy ethics could have a drastic impact on individual clients and on the practice of law in general. The legal profession remains fairly traditional compared to other industries, and as a result, modern technology is something many lawyers may not be especially knowledgeable about. Legal professionals may not understand the risks associated with this technology, especially when it comes to cyber security. However, they must learn about technology and the ways in which it may impact privacy in the legal field in order to uphold legal ethics.

The Proprietary Consequences of Customary Marriages: Challenges in the New Regime(s)?

The law governing marriage in South Africa is in transition. There are currently two proposals to reform the proprietary consequences of marriages in South Africa, namely a Marriage Bill [B43-2023], and a South African Law Reform Commission Discussion Paper to review aspects of matrimonial property law. This article assesses the effectiveness of the proposed reform in addressing the current regulatory challenges related to the proprietary consequences of customary marriages. It argues that the piecemeal jurisprudential development of the law has not been effectively reconciled, and this must be addressed in any future reform. However, the Marriage Bill proposed by the Department of Home Affairs is not an answer. The Bill ignores customary notions of property and creates several conceptual difficulties such as potentially leaving customary law marriages without a matrimonial proprietary regime. The South African Law Reform's Discussion Paper, which reviews aspects of matrimonial property law, holds great promise because it proposes a change in the default matrimonial proprietary system and the exclusion of family property from the marital estate. The proposals must be reconciled and informed by living customary law practices to deliver the much-anticipated law reform.

Об уголовной ответственности владельца за вред, причиненный домашним животным (собакой) третьим лицам

The laws of Russia and some foreign states have no special criminal law provisions that establish the liability of the owner for damage caused by his/her pet (dog) to third parties. The article reviews issues of qualification of such acts under the laws of Russia and foreign countries. A comparative analysis of laws of some foreign states and Russia that regulate the bases and procedure for bringing pet dog owners to the legal liability for damage caused by them to health of third parties has shown the unity of approaches towards strict legal liability including criminal liability of such owners in cases of gross violation of rules for handling their pets. At the same time, countries apply different approaches within their jurisdiction to solving the issue of specification of criminal laws applicable to the cases under consideration by singling out or refusing to single out special elements of crimes for violation of pet handling rules. The task of determination of legally relevant attributes of the link between the crime subject (dog owner), behavior of his/her pet and actions/inactivity of the victim seems relevant for the Russian criminal law practice.

REDEFINING INDONESIA’S BLASPHEMY LAW IN THE DIGITAL AGE: A HUMAN RIGHTS PERSPECTIVE

This paper aims to examine the cascading impact of current conditions on the freedoms of expression and religious belief within Indonesia's online sphere, particularly amidst a rising trend of religious blasphemy cases. The dynamic nature of social interactions and discussions in cyberspace has fostered diverse interpretations influenced by subjective understandings of religion, often resulting in disputes of religious blasphemy. Employing a qualitative research method, the study analyses pertinent literary sources to provide insights into the practice of blasphemy laws and their detrimental effects on the freedoms of religion and expression. Indonesia, as a signatory of ICCPR and the Rabat Plan of Action, upholds constitutional guarantees of these freedoms. However, the current application of blasphemy regulations needs reform to better safeguard the rights of its citizens. By targeting laws that prohibit incitement to religious hatred, the legal framework can more effectively fulfill its primary objective of protecting people from discrimination and ensuring their dignity. This research underscores the urgency for Indonesia to recalibrate its approach to blasphemy laws, aligning them with international human rights standards. So that Indonesia can enhance its commitment to protecting freedom of expression and religious belief, fostering a more inclusive and rights-respecting environment for its diverse population.

In Case You Haven't Heard…

Yet another official charged with misconduct has blamed it on alcohol use disorder. The former prosecutor for Hocking County, Ohio, resigned this month after a complaint was filed against him for creating a hostile work environment, commenting on female clothing in a sexual manner, sending unsolicited photos of himself to a female subordinate, and having a sexual relationship with the county commissioner whom he would be representing as the county's prosecutor. Ryan Black, 41, responded to the complaint, which was filed with the board that oversees the discipline of attorneys in the state through his attorney, Alvin Mathews, last week, saying that he “suffered from a mental health disorder and an alcohol use disorder,” adding that he is “seeking ongoing treatment.” The disorders “contributed to cause any conduct for which (Black) is responsible,” the response said, according to an April 23 article in the Columbus Dispatch. Potential discipline by a panel consisting of three attorneys or judges who do not reside in the area where Black practices law could involve the suspension of his law license or disbarment. First of all, ADAW hopes he gets the help he said he needs. But it's too bad he didn't get it before he got into trouble. It should be much easier for public officials to get that kind of help before they destroy their careers.

ANALISIS PERAN NOTARIS DALAM PEMBUKTIAN DOKUMEN DAN PERJANJIAN DALAM HUKUM PERDATA

The notary's role in legal documents has significant credentials to the practice of law and the interested parties involved in the transaction. Notaries not only witness the creation of documents and agreements, but are also responsible for validating, notarizing, and storing those documents. The presence of a notary is key in maintaining the validity and legal force of documents and agreements, providing legal certainty for the parties involved. This research aims to analyze the role of notaries in proving documents and agreements in civil law and identify related practical obstacles and applications. Qualitative research methods were used, involving in-depth interviews with experienced notaries and concrete case study analysis. The research results show that the role of notaries is very important in maintaining the integrity of the civil legal system by providing legal certainty and protecting the interests of the parties involved. However, challenges such as high costs and procedural complexity, as well as adaptation to technological developments and a dynamic legal environment, highlight the need for efforts to increase the accessibility of notary services and maintain high standards of professional ethics. Therefore, this research provides a basis for developing relevant and effective legal policies in strengthening the role of notaries as guardians of fair and effective legal certainty for society

О видах конкуренции вузов на рынке образовательных услуг

According to the analysis of the law practice, there are two types of competition of universities in the market of educational services: competition in the context of antitrust legislation and competition as a rivalry. The Author suggests consolidating in the Ministry of Science and Higher Education of the Russian Federation the regulation of competition of universities in the market of educational services. The Ministry should closely cooperate with the Expert Council for the Development of Competition in the Field of Education and Science at the Federal Antimonopoly Service of Russia.

A Review of the Decision of the Constitutional Court of South Africa in the Shilubana Case: Lessons for the Development of Customary Law in Ghana

In the case discussed in this article, the Constitutional Court of the Republic of South Africa was confronted with the issue of the customary law rule of male primogeniture and its discriminatory effects on women regarding chieftaincy succession. The court held that, given that the said customary law practice was discriminatory, it needed to be developed to meet the constitutional human rights value of gender equality. The court’s decision is regarded as the basis for new criteria by which living customary law can be developed further. The article seeks to review the decision of the Constitutional Court and its impact on the development of customary law in general. Against this backdrop, the author proceeds to evaluate and offer a comparative analysis of the judicial and legislative efforts by Ghana and South Africa to promote the development of customary law and whether the decision of the Constitutional Court of South Africa (Constitutional Court) could offer lessons for the development of Ghanaian customary law in general. It is contended that the measures put in place under Ghanaian law to promote the development of customary law are inadequate and thus recommendations for the development of Ghanaian customary law drawing on lessons from the decision of the Constitutional Court are made.

Магдебурзьке право як чинник господарського розвитку Кам’янця-Подільського

The purpose of the article is to investigate the influence of Magdeburg laws on the economic development of Kamianets-Podilskyi, to find out the place and role of the application of German legal norms of city self-government in the evolution of guild craft production, to find out the essence, content, and specificity of Magdeburg workshop traditions in the broad chronological framework of life the largest Podillia city. The methodological foundation of the research is the principles of dialectics, objectivity, historicism, systematicity, and comprehensiveness. The research methodology is based on general scientific and special-historical methods, particularly analytical typology, documentary, historical-genetic, historical-typological, comparative-historical, problem-chronological, structural-systemic, etc. The scientific novelty lies in an attempt to scientifically reconstruct the permanent spread, implementation, and historical conditioning of the dominance of Magdeburg law in the production practice of the city over a long historical period. The novelty of the presented material lies in the interpretation, using the example of the main city of Podillia, of a complete system of production structures, which gradually transformed from medieval workshop organizations into powerful guild craft corporations of the New Age, which in some ways existed until the beginning of the 20th century. Conclusions. Our research proves that in the economic development of Kamianets-Podilskyi during the 14th - early 20th centuries, the factor of Magdeburg law played an important role. Magdeburg law went through several evolutionary stages of functioning, gradually covering and later shaping the economic life of Kamianets. Given the deep Magdeburg traditions in the system of organizing economic life, even after the annexation of Kamianets-Podilskyi by the Russian Empire, the city economy continued to function according to Magdeburg norms. In the 19th century, the Magdeburg production tradition continued to ensure the stability of the development of urban craft but gradually inhibited the development of new, more progressive forms of urban industry.