Legal Action Research Articles

Overcoming the Crime of Illegal Fishing in the Exclusive Economic Zone of Indonesian Waters from a Criminological Perspective

Article entitled Overcoming the Crime of Illegal Fishing in the Exclusive Economic Zone of Indonesian Waters in a Criminological Perspective, with a problem formulation of how to enforce the law in cases of illegal fishing based on Law Number 45 of 2009 concerning Fisheries, and how to deal with the crime of illegal fishing from a criminological perspective. Using a conceptual approach, which is a type of research method by examining library data or secondary data sources. The conclusion is that various efforts have been made by the government to prevent and eradicate perpetrators of illegal fishing, including monitoring and protecting EEZ waters, taking firm legal action, increasing the competence and empowerment of traditional fishermen, monitoring marine areas and so on. etc. In the criminal act of illegal fishing, enforcement or countermeasures that have been carried out are by giving a summons or warning to the perpetrators of illegal fishing by then burning or sinking the ship if they violate the provisions with sufficient initial evidence.

Environmental Issues And Environmental Law Enforcement In Indonesia In The Perspective Of Law Number 32 Of 2009

The rise of increasingly serious environmental cases, one of which is related to problems in the forestry sector, has prompted the birth of Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH). In this research, the approach used is Juridical-Normative, with a dogmatic type of research, a descriptive research form of legal relations. This research is limited to descriptive-analytical research on criminal policies in environmental law enforcement. The source of all environmental problems is development carried out without paying attention to environmental balance factors which in turn will cause environmental damage and pollution. Legal action taken against perpetrators of environmental pollution and destruction consists of administrative aspects, civil aspects, and criminal aspects. Law enforcement itself needs to be supported by several factors, namely legal means, law enforcement officers, facilities and infrastructure, permits, the Amdal system, and public legal awareness of the environment

Legal Protection Of The Notary In The Production Of A Notarial Deed

Along with the development of increasingly modern life, which is characterized by increasing legal relations in written form between fellow citizens, social institutions, and government institutions, the function of a Notary becomes increasingly important, especially in terms of making authentic deeds that can provide legal certainty for the parties. interested parties, parties who receive rights, and their heirs. In other words, as a legal country (rechtstaat), Indonesia is very interested in the existence of professional Notaries. The state's interest in the existence of a professional Notary can be seen in the explanation section of the UUJN, which states the importance of the existence of a Notary, namely related to making authentic deeds. The making of an authentic deed is required by statutory regulations in the context of legal certainty, order, and legal protection for the people who need it. In carrying out his position a notary must be able to act professionally based on a noble personality by always carrying out his duties by the applicable statutory regulations while upholding the notary professional code of ethics as a guideline that must be adhered to. Notaries need to pay attention to what is called professional behavior which has the following elements: (1) having strong moral integrity; (2) being honest with clients and oneself (intellectual honesty); (3) being aware of the limits of their authority; and (4) not based solely on monetary considerations. Article 16 letter a of Law Number 2 of 2014 concerning the Position of Notaries (UUJN) determines that notaries are obliged to act honestly, carefully, independently, impartially, and safeguard the interests of the parties involved in legal actions. In addition, notaries as public officials must be sensitive, responsive, have sharp thinking, and be able to provide appropriate analysis of every legal phenomenon and social phenomenon that arises so that this will foster an attitude of courage in taking appropriate action. The courage referred to here is the courage to carry out correct legal actions by applicable laws and regulations through the deeds that are made and firmly reject the making of deeds that are contrary to law, morals, and ethics. Data analysis was carried out descriptively and qualitatively. Concluding is carried out using a deductive method from general to specific, specifically those related to the research topic, namely Legal Protection of Notaries in Making Notarial Deeds. This research resulted in the finding that Notaries are public officials who, according to Law no. 2 of 2014 concerning Amendments to Law no. 30 of 2004 concerning the Position of Notary, hereinafter referred to as UUJN, are given the authority to make authentic deeds regarding all acts, agreements, and stipulations required by statutory regulations and/or as desired. UUJN-P only regulates the provisions for administrative and civil sanctions. However, the Notary's criminal responsibility is imposed if the Notary is proven to have committed a criminal act. If a criminal offense is committed by a Notary, the Notary may be subject to criminal sanctions based on the Criminal Code, while there are several notes that such penalties can be imposed on the Notary.

Kai kurie legislatyvinės omisijos konstitucingumo kontrolės aspektai

The absence of the appropriate legislation in some areas of social relations or, in other words, the situation when certain social relations are not legally regulated, although there is a need to regulate them, implies the existence of a legal gap (lacuna legis). A legislative omission is a special legal gap because it is prohibited by Law, first of all, by supreme law – the Constitution. 
 The constitutional competence to investigate the constitutionality of legal gaps prohibited by Law was disclosed by the Constitutional Court of the Republic of Lithuania at the beginning of the second 
 decade of its activity. The competence to declare the existence of legislative omissions was derived from the power of the Constitutional Court, stipulated in the Constitution, to administrate constitutional justice and to guarantee the supremacy of the Constitution, with a view to the better protection of the human rights and freedoms. It was argued that not only a particular legal regulation, but also the absence of it, when the necessity to establish such a legal regulation stems from the Constitution, can lead to the violation of the human rights and freedoms. 
 The article analyses the conception of the legislative omission in the jurisprudence of the Lithuanian Constitutional Court and the constitutional review institutions of some other states. It also discusses the reasons which determined the choice of the model of the constitutional review of legislative omissions in Lithuania. Finally, the article examines some cases of the review of the constitutionality of legal gaps in the jurisprudence of the Lithuanian Constitutional Court. The authors argue that the legislature has the duty under the Constitution to adopt a legal regulation not only in those cases where the Constitutional Court finds a legal omission and recognizes that the challenged legal act is non-compliant with the Constitution, but also in those cases where, in the official constitutional doctrine, the Constitutional Court formulates some constitutional requirements which presuppose the establishment of a missing legal regulation.

Diagności laboratoryjni – czy nowa ustawa rozwiąże stare problemy?

The outbreak of the SARS-CoV-2 coronavirus pandemic has brought health care issues to the forefront. The necessity to perform tests for the presence of this pathogen and to evaluate their results brought to wider public awareness what exactly laboratory diagnosticians do. On July 12th, 2022, a draft of a completely new legal act was submitted to the Parliament, which would regulate how to obtain the professional title of laboratory diagnostician, as well as the rules for practicing this profession. The legislative process ended on October 10th, when the bill was sent to the President for signature. The new legal act, in its essential part, came into force on December 10th, 2022. The new law provides for a number of significant changes aimed at bringing the rules governing the performance of laboratory diagnostics activities in line with the standards that exist for other professions involved in the provision of health care services. In view of its progressive nature, the draft justifiably raised high hopes for a reasonable and thoughtful regulation of the legal situation of laboratory diagnosticians. However, the changes introduced during the legislative process significantly reduced the effectiveness of the solutions proposed by the authors of the draft. As a result, already shortly after the law was passed, there were voices that despite the creation of a completely new legal act that, in principle, normalizes the legal situation of laboratory diagnosticians, the key demands that had been formulated for many years - particularly with regard to the recognition that the profession of laboratory diagnostician consists of performing health care tasks - had not been realized. It therefore becomes crucial to decide whether the Laboratory Medicine Act can positively affect the profession of laboratory diagnostician. This article aims to answer the question so posed, in particular, taking into account the differences, between the draft law and its enacted content, as well as in comparison with other legislation, which normalizes the way in which health care professions are carried out.

A responsible mining approach to the economic modeling of small-scale gold mining

Artisanal mining, known as “garimpo” in Brazil, is a legal activity predicted in the Brazilian mining code. However, society's concern over the sustainable development of the Amazon rainforest and media coverage of illegal gold extraction have had the effect of marginalizing and condemning the sector as a whole. Known in the international literature as small-scale and artisanal gold mining (ASGM), this sector involves millions of miners across the world and hundreds of thousands in Brazil, who make a living from it, feed their families, and foster local economies. However, ASGM miners use techniques and operating procedures that, if not controlled, mitigated and eventually replaced, could lead to significant social and environmental impacts. There are growing concerns over ASGM activities, and buyers, investors, and industrial sectors are willing to pay more for a product created in a responsible manner. However, questions remain as to how much the transition to a responsible operation would cost, and whether buyers would really be willing to pay for it. This research presents a proposal for the economic modeling of ASGM operations based on immersive work in three cooperatives of legal ASGM miners in Brazil. The proposed approach considers the SDGs (United Nations Sustainable Development Goals) of the 2030 agenda, as applied to small-scale mining, and the corresponding actions that are needed, based on a detailed survey of the costs of the analyzed operations, with the aim of guiding small-scale mining activities towards greater responsibility and sustainability. In the proposed model, the average profit obtained from mining operations is guaranteed and the size of the bonus reverts to the responsible areas surveyed. A financial analysis based on our responsible model, which was developed for the cash flow for a hypothetical operation over 10 years, yields an IRR of 54 % and a payback of 2.54 years, thus demonstrating its economic viability.

The Environmental Defense Fund: Fighting the System by Guarding the Lifeworld as a Defensively Funded Environment

The Environmental Defense Fund (EDF) prides itself on its mission and legacy, namely, “50 years of forging solutions that help people and nature prosper.” Has this solutionist approach to struggles along the frontiers of what Habermas identified as “system” to defend “life-world” actually helped people and nature prosper? The EDF has secured a relatively small number of protected stop-gap sites around the planet, which it oversees as specially “funded defensible environments.” Yet, these interventions typically assist only certain peoples and specific locations. While it presents itself as an anti-establishment or market-resistant operation, the EDF also usually depicts its “funded defensible environments” through the frames of a complex victimology in which “the system” assaults “the life-world.” It then can step forth as a third-sector “public defender,” forging solutions through defensive legal actions meant to assure fairness and justice in environmental management through legalistic and/or market-based strategies. This analysis critically reassesses how the EDF’s practices assure human, and increasingly nonhuman, beings are accorded legal service to share in the future appreciation of Nature’s stocks, services, or systems as well as a right to redress losses to these interests with legal remedies for any despoliation or destruction of shared environmental equity in the solutions it forges.

Legal Position of Syndicated Creditors in Submitting Claims on Debtors in the Application Process for Postponement of Debt Payment Obligations (PKPU) and the Legal Impact

The arrangement of parties who can file claims in the process of suspension debt payment obligations has been regulated in Article 270 of Law number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The arrangement of parties who can file bills in the suspension of debt payment process still causes several problems in its implementation. This occurs in the suspension of debt payment process against debtors in syndicated loans which still creates uncertainty in its implementation because the suspension of debt payment Law does not specifically regulate it but only provides an explanation, so it is important to raise the issue regarding the party authorized to file claims against debtors in credit. Syndication. Meanwhile, the method used in this research is normative juridical research by examining library materials, namely the Civil Code and the suspension of debt payment Law. The suspension of debt payment Law has definitively determined the parties who can file claims, but to file claims in syndicated loans still creates dualism that arises due to the distinctive characteristics of syndicated loans, namely that there are agents who act as attorneys for syndicated participants to represent their interests. In principle, there is only one creditor in a syndicated credit agreement, namely a credit syndicate represented by an agent. Because the agent represents the interests of the syndicated participants, the agent has strong authority to take legal actions including submitting and registering claims to the Management in suspention of debt payment with the approval of the majority creditors.

Application Comparison of the Lex Loci Delicti Commission Theory between the Oil Spill Case in the Gulf of Mexico and the Carbon Emissions Case in the Netherlands

The event of a disastrous oil spill from British Petroleum's offshore drilling installation on the 20th of April 2010 was caused by a leaking underwater pipeline, which polluted the waters of the Gulf of Mexico. Subsequently, there was the Carbon Emission Case in the Netherlands, which required Shell to reduce their carbon emissions by 45% by 2030 from the carbon emissions generated in 2019. Both events were deeply concerning and directly effected the citizens of the respective countries. In the first case, the spill of approximately 5,000 barrels or 210,000 gallons (795,000 liters) of crude oil spread extensively due to ocean currents where the contaminated area ended up covering 9,933 square kilometers of ocean (77 x 129km). This oil spill, which was a result of British Petroleum's negligence, lead to legal action taken against the company for violations of international environmental laws, due to environmental pollution. In the second case, Shell, was deemed to have contributed significantly to climate change in the Netherlands. The company was responsible for twice the amount of greenhouse gas emissions than the Netherlands. The research method employed in this journal uses a normative juridical research approach, focusing on legal norms within the decisions for Case MDL No. 2179 and the Verdict issued by the Haugue District Court. In this journal, the author concludes that both British Petroleum and Shell have been proven to commit unlawful acts against the international environment laws through environmental pollution.

Taksonomijos reglamento įtaka aplinkosauginiams mokesčiams Lietuvoje

From being an object of scientific discussions climate change has found its way to our everyday lives. It has become an inevitable driver for political decisions. On December 11, 2019 the European Union presented its Green Deal, an action plan to attain sustainable development goals as adopted by the UN General Assembly on September 25, 2015, and in the Paris climate agreement. The EU seeks to become climate-neutral by 2050. A core element of the Green Deal is a system for sustainable finance for climate-friendly economic activities. A common vocabulary is needed in order to eveluate the scope of such economic activities, to balance the input of private and public bodies, and to ensure a fair competition for the investments. Such a vocabulary, also known as Taxonomy, is presented by the Regulation (EU) 2020/852 of the European Parliament and of the Council. It introduces labels and criteria that allow to identify and compare economic activities in the light of sustainability. Eventhough the Taxonomy regulation is a legal act of direct application, it manages to introduce norms into the laws passed by the Lithuanian Parliament. The duty to disclose information on the environmental sustainability of economic activities and investment products comes into force in 2023. Seeking to transform the markets, tax cuts are introduced for economic activities that are in line with the environmental goals. This article unfolds the concept of Taxonomy as well as its impact on investment and tax legislation in Lithuania.

Legal Protection for Consumers in E-commerce Expeditions

This study investigates the legal protection afforded to consumers in the context of e-commerce, focusing on the liabilities of expedition services in cases of delayed or damaged goods. The primary objective is to explore the forms of legal protection provided to consumers for losses due to delays or damages in goods transported by expedition services, and to understand the legal responsibilities of these services in such scenarios. Utilizing a normative research method, the study examines relevant consumer protection laws and regulations governing shipment agreements. The findings reveal that consumers are entitled to various forms of legal protection, including the right to compensation in the form of refunds, replacement of goods, or payments based on the value of loss; entitlement to indemnities for healthcare costs or beneficiary allowances in cases of life-threatening harm; and the right to compensation from expedition services for material and immaterial losses beyond mere refunds. Additionally, the study underscores the government and consumer protection agencies' duty to educate and guide businesses, including expedition services. The legal responsibility of expedition services extends to compensating consumers for delayed shipments or lost goods, through either refunds or replacements. Moreover, the services are obligated to provide compensation or replacements for undelivered or damaged goods. Consumer claims for compensation can be resolved through direct negotiation with the expedition service, legal action, or alternative dispute resolution mechanisms like BPSK. The study concludes that while consumers are legally protected to obtain compensation from expedition services, the enforcement of these services' responsibilities needs to be strengthened for more optimal fulfillment of consumer rights.Highlights:
 
 Legal Protections: Consumers have the right to compensation, including refunds, replacements, or payment for losses, and indemnities for life-threatening damages.
 Expedition Services' Obligations: These services must compensate for delays, lost, or damaged goods, with options for direct negotiation, legal action, or alternative dispute resolution.
 Enforcement Needs: Despite existing protections, there is a necessity to strengthen the enforcement of expedition services' responsibilities to better fulfill consumer rights.
 
 Keywords: Consumer Protection, E-commerce, Legal Responsibilities, Expedition Services, Compensation Claims

ՀԱՆՑԱՎՈՐՈՒԹՅՈՒՆԸ ՊԱՅՄԱՆԱՎՈՐՈՂ ԻՐԱՎԱԿԱՆ ԲՆՈՒՅԹԻ ԳՈՐԾՈՆՆԵՐԸ ԵՎ ԴՐԱՆՑ ԿԱՆԽԱՐԳԵԼՄԱՆ ԱՐԴԻ ՄԻՋՈՑՆԵՐԸ ՀԱՅԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅՈՒՆՈՒՄ

Crime is caused by social, economic, political and other factors. Among these factors, the legal determinants of crime are highlighted – the irrelevance of legislation, gaps and defects in regulation, regulation, which contain criminogenic and victimogenic risks in legal acts, etc. These factors are due to social maladaptation, haphazardness and inconsistency of methods and forms of legal regulation, uncertainty of the object-subject and subject composition of legal relations, conditions and grounds for their occurrence, modification and termination, uncertainty and imbalance of interests of subjects of legal relations, their rights and obligations, as well as the order of their implementation and execution, lack of social, economic and organizational and legal mechanisms for ensuring the implementation of a legal act, as well as the lack of control over the implementation of its provisions, etc. In order to prevent legal factors that cause crime, it is necessary to update legislation, ensure proper legal regulation of public relations, eliminate legislative gaps, and conduct a criminological expertise of draft normative legal acts. It should be noted that in the Republic of Armenia, the legal basis for the criminological expertise of draft normative legal acts is insufficient, there are no mechanisms for organizing and conducting this expertise, as a result of which no such expertise has been conducted. Therefore, it is necessary to ensure appropriate regulations, including the adoption of the Law “On criminological expertise of draft normative legal acts”. It should be noted that in the Republic of Armenia the legal basis for criminological examination of draft normative legal acts is insufficient, there are no mechanisms for organizing and conducting this examination, as a result of which not a single such examination has been carried out. Therefore, it is necessary to provide appropriate regulations, including the adoption of the Law “On criminological examination of draft normative legal acts.”

The main elements of the solution to China’s demotic violence

Domestic violence represents a complex and pervasive issue within China, deeply entrenched in historical norms and sociocultural attitudes. Even with legal reforms aimed at criminalizing domestic violence and establishing legal protections for victims, challenges persist due to the societal perception of domestic violence as a family matter. This paper critically examines the main elements necessary for effectively combating domestic violence in China—policy instruments, policy implementation, and lobbying. By dissecting the shortcomings of current measures, the paper argues for the adoption of multidimensional policy tools beyond policing and legal action, such as public awareness campaigns and persuasive strategies designed to shift societal attitudes. The significance of rigorous policy implementation is emphasized, highlighting the need for iterative enforcement and organizational learning to ensure the efficacy of domestic violence policies. Furthermore, the complex role of lobbying within China's political context is explored, demonstrating its impact on policy proposals and reforms. Overall, the paper posits the need for a comprehensive approach, involving a concerted effort from policymakers, law enforcement, and civil society to address the multifaceted challenges of domestic violence in China.

Zawiadomienie rzecznika dyscyplinarnego na podstawie art. 75. ust. 2a Karty Nauczyciela

In this publication, most of the considerations are devoted to the premises that make it necessary to take legal action by the school headmaster and discuss formal and legal actions related to notifying the disciplinary spokesperson of an act violating the rights and welfare of a child. The article basically consists of two parts. The first one discusses the material grounds for notifying the disciplinary officer. In turn, the second part deals with the formal and legal requirements of the notification. The publication also thoroughly analyzes the role of the director as a body that initiates explanatory proceedings before the disciplinary ombudsman. Therefore, considerations of the doctrine of administrative, constitutional and criminal law are presented. In addition, several key judgments of the Constitutional Tribunal and administrative courts are included.

Protection of Intellectual Property Rights in Franchise Agreements

In the context of franchising in Indonesia, the concept implies that granting a franchise is always related to granting permission or license to use and utilize certain Intellectual Property Rights (IPR), including brands and confidential business information. The right to exploit and use these two types of IPR cannot be separated. The research method used is a normative juridical research method. In this approach, research is carried out by basing the analysis on statutory regulations as the main legal source. In a Franchise agreement, the use of Intellectual Property Rights by the Franchisee must be regulated in writing in the contract. This includes Trademark Rights, Patents, and Copyrights. Violation of this right may result in legal action, both civil and criminal, in accordance with applicable laws.

The Role of Legal Counsel in Managing Corporate Crises

In the context of increasing corporate crises due to economic volatility and regulatory complexities, the role of legal counsel has become increasingly significant. This study aims to explore the comprehensive roles and responsibilities of legal counsels during different phases of corporate crises, emphasizing their strategic importance in not only navigating but also preempting such crises. This qualitative study utilized semi-structured interviews to collect data from 25 legal professionals across various industries. Participants were selected through purposive sampling to ensure a broad representation of experiences and insights. The study aimed for theoretical saturation and employed NVivo software for data analysis, enabling a thorough thematic analysis of the transcribed interviews. Four main themes were identified: Preventive Legal Strategies, Crisis Response and Management, Post-Crisis Analysis and Learning, and Legal Team Dynamics and Support. Each theme contained multiple categories detailing specific activities and responsibilities, such as Risk Assessment, Policy Development, Immediate Legal Actions, Communication Management, Legal Review, Process Improvements, Team Coordination, and Emotional Support. These categories encapsulate the proactive and reactive strategies legal counsels employ to manage and mitigate corporate crises. The study highlights the integral and expansive role of legal counsels in managing corporate crises, from preventive strategies and immediate crisis responses to post-crisis evaluations and team dynamics management. Legal counsels not only ensure compliance and mitigate risks but also strategically guide their corporations through crises, significantly impacting corporate resilience and sustainability.

Механизмы моделирования семантики метафорического термина (на материале юридической терминологии)

The aim of the article is the identification of the specificity of metaphorical modeling of the Russian legal terminology in the aspect of the types involved as bases of cognitive models. The theoretical and methodological basis is approaches developed within a cognitive approach to the semantics of the term and metaphorology (conceptual metaphor theory, metaphorical modeling theory, extended conceptual metaphor theory). The analysis methodology includes the continuous selection method, MIPVU; the components’ and conceptual frames’ analysis method, the metaphorical modeling procedure. The empirical data are 909 legal metaphor terms in Russian. The study established the following. The metaphorical fragment of the legal terminology is diverse. In the aspect of the semantics of the source conceptual domains for the representation of knowledge in the field of law, the macrocategories of HUMAN, OBJECT, and SPACE prevail. The HUMAN macro-category is more often used to reveal abstract legal domains such as LEGAL, JUDICIAL, ECONOMIC, CIVIL, POLITICAL, PROCEDURAL, ILLEGAL ACTION, and LEGAL STATE. Models representing physical actions of a human are more actively involved in legal knowledge modeling. The representations of character traits, mental, communicative and social actions are also applied. The macro-category OBJECT most often profiles the characteristics of the legal domains, OBJECT OF LEGAL RELATIONS and its PROPERTIES, OBJECT OF ECONOMIC, POLITICAL AND CIVIL RELATIONS, and PROPERTY OF OBJECT OF ECONOMIC RELATIONS. The most common notions about the object are most often involved here: the majority of metaphors are based on image-schemes. The macro-category SPACE forms such abstract legal domains as PROPERTIES OF THE OBJECT OF LEGAL AND ECONOMIC RELATIONS, SUBJECT OF LEGAL RELATIONS, LEGAL STATUS, STATE OF THE OBJECT OF ECONOMIC RELATIONS, and LEGAL ACTION. Spatial organization and movements notions are involved more consistently. In the aspect of organization, the markers of the spatial part and size are more prominent. Within terms’ semantics modeling based on this knowledge, the image-scheme “source–path–goal” is actively applied, but representations of the vertical direction of spatial movements are rarely involved.

The development of legal culture as one of the key directions in the formation of the rule of law and civil society

This article discusses the development of legal culture as one of the factors in the formation of the rule of law and civil society. It is emphasized that legal culture is closely related to the humanistic development of society and the individual. Legal culture is a complex phenomenon, so it needs to be considered from different points of view. This study is based on a value-based and activity-based approach to understanding legal culture. It is concluded that the main indicator of legal culture is the existence of developed legal institutions that ensure human rights and freedoms, his security and confidence in the future. Also, an indicator of the legal culture of a society is the recognition by the majority of the population of laws as fair and necessary for maintaining the sustainable development of the state. The legal culture of an individual is expressed in his legal literacy, respect for the law, and legal activity within the framework of the law. The article reveals the features of legal culture in the legislative process. It is proposed to make an addition to the Law of the Republic of Kazakhstan “On Legal Acts” on the introduction of mandatory discussion of bills in scientific communities and in public and trade unions. Classic ways of forming a legal culture are legal education, legal upbringing, and general legal education. In this regard, it is proposed to adopt a special program at the state level aimed at improving the legal culture of Kazakhstani society. Systematic and regular work in this direction will improve the level of legal culture and legal literacy among all segments of the population.

Notary's Position as aMediator in Resolving Disputes

A Notary is bound by Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries (Notary Law). According to the Notary Law, a notary cannot have a profession that interferes with his performance, including being a mediator. In reality, notaries are often found mediating parties faced with civil disputes. The problem that will be analyzed in this research is the position of a Notary as a Mediator for the parties regarding the Deed they make without violating the PJN code ofethics and how to implement mediation by the Notary for the parties.The type of research used is an empirical legal research method because it directly examines several notaries in Malang City.The results of this research state that a notary can act as a mediator in resolving ongoing disputes for the parties regarding the Deed they have made. Notaries can mediate disputes without violating the code of ethics for notary office regulations, as stated in Chapter II, article 2 of the Notary Code of Ethics. Anotary who carries out the function of a mediator can occur if the condition of the dispute or the parties have not found a mutual agreement. In the legal relationship regarding a legal act that they want to carry out, it is necessary to have a third party who helps to finda solutionand findagreementjointly representing the interests of the parties so that they can be resolved together

Legal conflicts in forensic dentistry: practice and methods of resolving them.

Aim: To investigate and analyze legal conflicts in forensic dentistry of Ukraine. Materials and Methods: A comparative research method for determining the common and distinctive features of the legal regulation of forensic dental expertise as a subcluster in the legislation of Ukraine. The descriptive (monographic) method reveals the problematic aspects of forensic dental examination through the lens of local normative and general normative connotations. The structural-functional research method made it possible to systematize the peculiarities of forensic medical and forensic dental expert activity. Conclusions: The analysis of legal conflicts made it possible to come to the following conclusions, that in Ukraine today there is no specific legal act that would regulate the aspects of performing dental activities. Forensic dental examination in Ukraine, in accordance with the legislation, is an examination of the actions and inactions of the dentist. The adoption of normative legal acts in the field of dental activity and forensic dental examination in Ukraine would make it possible to determine the specifics of establishing facts and circumstances that indicate a violation of the patient's rights.