Legal Action Research Articles

COUNTERING COLLABORATIONISM IN THE CONTEXT OF ARMED CONFLICT

The purpose of the article is to identify the peculiarities of combating collaborationism in the context of armed conflicts and to highlight the main areas for improving criminological policy in this area. It is established that collaborationism, in a broad sense, is a complex criminal phenomenon that arises as a result of the interaction of subjects of the communication process (individuals, certain organisations) or voluntary or forced cooperation with the aggressor. In a narrow sense, it is an act, the characteristics of which are defined, in particular, in Art. 111-1 of the Criminal Code of Ukraine and which undermine the national security of Ukraine, pose a direct threat to the state sovereignty, territorial integrity, constitutional order and other national interests of Ukraine, and/or constitute conscious, voluntary and deliberate cooperation with the enemy in its interests and/or to the detriment of the state and its allies in the form of public denial by a citizen of Ukraine of armed aggression against Ukraine, establishment and confirmation of the temporary occupation of a part of the territory of Ukraine, or public calls by a citizen of Ukraine to support the decisions and/or actions of the aggressor state, armed formations and/or occupation administration of the aggressor state, to cooperate with the aggressor state, armed formations and/or occupation administration of the aggressor state, not to recognise the extension of the state sovereignty of Ukraine to the temporarily occupied territories of Ukraine. It is emphasised that with the entry into force of the Laws of Ukraine "On Criminalisation of Collaboration" and "On Amendments to the Criminal Code and the Code of Criminal Procedure of Ukraine to Improve Liability for Collaboration and Peculiarities of Application of Preventive Measures for Crimes Against the Fundamentals of National and Public Security" (2022), Ukraine has generally created a legal framework for preventing collaboration in the state. Results. The analysis has revealed the existence of problematic issues in countering collaboration in the current context of the armed conflict in Ukraine and allowed to propose ways of solving them, in particular the need to amend the sanctions of the Criminal Code to classify collaboration as a serious crime, since according to the Criminal Procedure Code the vast majority of covert investigative actions are carried out exclusively in criminal proceedings for serious or particularly serious crimes. These amendments will make it possible to properly document the criminal actions of "collaborators" and to significantly expand the legal scope of evidence collection in these crimes to include not only educational, but also cultural, athletic and sports institutions in the scope of collaboration, which will make it possible to investigate the dissemination of information in educational, cultural, sports and physical culture institutions aimed at distorting facts, historical culture and/or events, as such assimilation of Ukrainian children may lead to the loss of their national identity. It is expedient to change the construction of the provision, which is in line with the principle of legal certainty, and define the prohibited types of legal activities. Such a list is also provided for in the Law of Ukraine "On Ensuring Civil Rights and Freedoms, and the Legal Regime on the Temporarily Occupied Territory of Ukraine" (2014); Article 111-1 of the Criminal Code of Ukraine provides for alternative jurisdiction for pre-trial investigation of a criminal offence. In particular, in criminal proceedings on collaboration, the pre-trial investigation is carried out by the investigator of the body that initiated the investigation.

The European response to Russian disinformation in the context of the war in Ukraine

AbstractDisinformation and propaganda directed at foreign countries is an important tool in Russia's geopolitical power ambitions, including its war against Ukraine. The European Union and individual nation states, both inside and outside the Union, have developed complex responses to this multifaceted phenomenon. This article focuses on just one of them: the EU embargo on the RT television channel. It will review media analyses of RT, some of the legal action taken against it, and analyse the background and rationale behind the EU's blocking regulation. It points out that, while international media law literature has examined the issue from the perspective of freedom of expression, the European Union has treated the channel as a political weapon. The article argues that democracies need to take decisive action to defend their structures, and that this may require unconventional measures in times of disruption to the international order.

Požehnání v biblické a prakticko-teologické perspektivě: Příspěvek k diskuzi o žehnání párů stejného pohlaví

The study examines the concept and practice of blessing in contemporary Christian churches and reflects on the possibilities of blessing same-sex couples. It emphasises the need to distinguish the blessing of a same-sex couple from the legal act of entering into a civil partnership. The purpose of the blessing is not to affirm or sanctify a particular life form but to bring a couple committed to an enduring relationship of love, respect and fidelity before God, promising his favour, grace and gifts. The study consists of three parts. First, it introduces the concept of blessing in the Old and New Testament. The second part discusses blessing from a contemporary practical theological perspective. It presents blessing as a gift and a task of the church community and as a key motif of casual services. It points to the specific linguistic form of blessing as opposed to prayer, wish and proclamation, presents blessing as an act of communication and reflects on the question of its content and effects. The third part deals with the question of who or what can be blessed and whether it is theologically legitimate to bless same-sex couples. It reflects on the possibility of blessing in the pastoral practice of the Roman Catholic Church, anchored in the declaration Fiducia supplicans, and in the liturgical practice of the Evangelical Church of Czech Brethren. It concludes with a summary of the findings.

The Value of Procedural Policy: Axiological and General Legal Aspects

This article examines the problems of identifying the values of procedural policy from theoretical and applied perspectives. Rooted in the general axiological principles of law, the values of procedural law guide law enforcement toward achieving positive outcomes by effectively resolving conflicts and disputes among the parties of legal procedures. It was shown that the values of procedural policy are best described by the axiological approach, which highlights its focus on meaningful, effective, rational, fair, and reasonable actions that align with the higher purpose and value of law. The conclusion was made that, in accordance with the strategies of legal axiology, procedural policy should be based on the doctrinal principles of legal science to enhance the efficiency of legal activities and uphold the value of lawmaking and law enforcement, including the administration of law, within today’s legal framework. The value of legal procedural policy was found to lie in setting new axiological standards, primarily associated with the dynamic development and use of new information technologies in legal practice. The value of jurisprudence in systematizing the legislative process and law enforcement was explored, thereby affirming the axiological nature of legal procedural policy.

Field urges Medicare to pay for residential treatment

Medicare's coverage for substance use disorder (SUD) care is “outdated,” and legislation is needed to fix it so that Americans aged 65 and older can be covered for residential treatment, the Legal Action Center urged in a statement last week, which included a long list of endorsing field organizations. The coverage gap is significant — residential treatment takes place in a safe and stable living environment, but it is not a hospital. Medicare also covers Americans with a disability.

Éviter des suites médicojudiciaires après une complication de l’analgésie neuroaxiale

Complications of neuro-axial blocks commonly lead to legal action against physicians. To avoid to be sought in law and for the sake of patients, it is important for physicians to continue providing assistance and to guide to their patients for long-term management of their complications.

Protecting Private Communications through Law and Policy: The Case of the Screenshot Feature

Individuals rely on digital communication platforms to express the most intimate details of their lives with others. The screenshot feature threatens the ability to do this with confidence, authorizing nonconsensual information collection and sharing by interpersonal actors. In some instances, the harms enabled by the screenshot feature have incited legal action. This study analyzes how judges and policymakers have conceptualized and regulated screenshot collection and the sharing of private communications. Analysis of case law and Federal Trade Commission (FTC) rulemakings reveal inconsistencies both within law and policy and as compared to evidence from social-media users. Judges have provided broad definitions of “authorization” and lofty thresholds to sustain individual harm, making statutory regulation of screenshot collection and sharing unlikely. However, guidance from the FTC has demonstrated a nuanced approach to privacy that recognizes the significance of platform design. Results suggest that design-based strategies—both ex ante and ex post—would be a promising step toward adjusting the norms around screenshot collection and sharing of digital messages.

ЭВОЛЮЦИЯ ПРОГРАММЫ ГОСУДАРСТВЕННЫХ ГАРАНТИЙ: МОДЕЛИ И МЕХАНИЗМЫ ОРГАНИЗАЦИИ БЕСПЛАТНОЙ МЕДИЦИНСКОЙ ПОМОЩИ ГРАЖДАНАМ РОССИИ НА РЕГИОНАЛЬНОМ УРОВНЕ

This publication is the first of the two papers on the Program of State guarantees of free medical care for the population. It presents a review and analytical evaluation of the Program development until the transition to middle-term planning (from 1999 to 2012 inclusive); analysis of the Program as a regulatory legal act which determines improvement of administrative and financial models and mechanisms of medical aid, as well as innovative and priority aspects of the health care development which were regulated for the first time by this document.

The Stand Of Electronic Evidence In Cyber Crime Law Enforcement In Indonesia

Crime in the cyber world certainly has a significant impact. People think that Indonesia has a Criminal Code that cannot cover crimes in cyberspace, which is a new crime. This is what makes the government have to issue regulations regarding cyber crime or cyber crime. With regard to enforcing cybercrime law, of course, a regulation is needed in positive law. It also regulates the punishment and how the evidence for cyber crimes and the position of electronic evidence are. This research method uses the normative method. The existence of electronic evidence in proving cybercrime has been alluded to in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. In Article 5 of Law Number 11 of 2008, it explicitly mandates that "Electronic Information and/or Electronic Documents and/or their printouts are valid legal evidence". This can be interpreted that electronic documents are considered legally valid according to positive law in Indonesia. However, in the amendment to the elucidation of Article 5 paragraph (1) regulated in Law Number 19 of 2016, it is explained that the existence of Electronic Information and/or Electronic Documents is binding and recognized as valid evidence to provide legal certainty for the Implementation of Electronic Systems and Transactions Electronic, especially in proving and matters relating to legal actions carried out through Electronic Systems.

Law: Language, Symbol, Rhetoric

Legal positivists regard law as written texts enacted and disseminated to be followed as rules. But this project rests on deeply mistaken conceptions about how language works. No written text stands alone and conveys a “plain meaning.” Law is expressed through language, but language does not exhaust the meaning of the law. Legal language always already draws on the ordinary language of the community, which, in turn, draws on a deeply symbolic realm, which it can never fully subordinate or explain. Rhetoric brings the symbolic substrate to life. Legal actors constantly search for the right words to deliberate with others. There is a resonant world to embrace and experience, but it can never be fully captured, understood, or expressed in our legal texts, which hover precariously above our shared ordinary language, which, in turn, is rooted in constitutive symbols that are sustained through an endless spiral of mediation, translation, and application. Nevertheless, we may reason together in a manner that generates rhetorical knowledge even if legal positivism is a failure.

Judicial Study: Parties' Opposition (Partij Verzet) in Proceedings to Execute Land Ownership Rights Under Civil Procedure Law

Court decisions that have legal force must be complied with, and execution carried out if the losing party does not voluntarily comply with the judgment. Issues arise when the losing party appeals or takes other legal actions, delaying execution and creating legal uncertainty. Execution is applicable only to condemnatory judgments and is often obstructed by respondent's resistance, a legal challenge from the party involved in the case. The researcher highlights three cases of legal resistance efforts: the South Jakarta District Court decision number 518/Pdt.G/1999/PN Jkt.Sel, Kendal District Court decision number 20/Pdt.Bth/2021/PN Kdl, and Kendal District Court decision number 9/Pdt.Bth/2022/PN Kdl. This study employs a normative juridical method, examining descriptive-analytical literature, and utilizes a qualitative juridical approach in analysis. The research reveals discrepancies between legal certainty theory and judicial practice, where cases may not align with facts or legal standing, leading judges to reject such requests. The study concludes that respondent's resistance is a legal recourse available to the executed party against execution, which does not automatically suspend execution unless there are clear and accepted grounds recognized by the court. The Indonesian Civil Code (HIR) and Civil Procedure Law (RBg) provide legal certainty and protect the rights of those aggrieved by court decisions through the mechanism of respondent's resistance.

Analysis of legislative basis for medical rehabilitation in Russia

Background. In recent years, there have been significant changes in the regulatory documentation related to medical rehabilitation, caused by the need to consolidate the principles for rehabilitation of patients in post-COVID period and standardize the procedures used for it. Therefore, it is important to analyze the existing regulatory framework and the proposed changes that will come into force in the near future.Objective: to assess the regulatory legal acts governing the provision of medical rehabilitation in Russia.Material and methods. Regulatory legal acts and their drafts were obtained through the reference and legal systems “Kontur Standard”, “ConsultantPlus”, and the Federal Portal of Draft Regulatory Legal Acts. The following electronic libraries, databases and other sources were used to collect secondary information: eLibrary, Google Scholar, PubMed/MEDLINE, Yandex and social networks.Results. Article 41 of the Constitution of the Russian Federation guarantees the right to health protection and medical care. Within the latter the use of medical rehabilitation can be considered. Going down to the next level, the term “medical rehabilitation” is found in Federal Law dated November 27, 2011 No. 323-FZ “On the fundamentals of health protection of citizens in the Russian Federation”. However, the requirements in the field under consideration are specifically described in Orders of the Ministry of Health of Russia No. 788n and 878n, which establish a three-stage provision of medical rehabilitation and give specific time instructions for the frequency and duration of care prcedures. The conditions for the transition of patients between the stages of medical rehabilitation are presented, and creating interdisciplinary rehabilitation teams is specified.Conclusion. The analysis of innovations in the regulatory framework showed no fundamental changes in the regulation of medical rehabilitation. At the moment, there is a need to expand it by regulating the activities of multidisciplinary rehabilitation teams. A more detailed elaboration of normative documentation regulating the provision of medical rehabilitation to children is necessary.

Режимно-правовое регулирование рассмотрения и утверждения бюджетов

Regime and legal regulation of the consideration and approval of budgets in the Russian Federation has undergone significant changes in recent years, and, at the moment, it can be characterized by a number of specific features. Firstly, after the approval of the draft law on the federal budget, such a document acquires the status of a normative legal act — a federal law for the federal budget and a normative legal act of a different level for budgets of other levels of the budget system of the Russian Federation, while it is limited to the next financial year and planning period. Secondly, the peculiarity of the process of reviewing and approving the budget is associated with the presence of the “zero reading”procedure, which does not have legislative regulation in the norms of Russian law, but since 2002 has been actively used in practice, and, in its essence, is an integral stage of the review process and approval of the budget not only of the federal budget, but also of other budgets of the budget system of the Russian Federation. In this regard, at the moment, the most relevant direction for improving the budgetary and legal regime for reviewing and approving the budget seems to be improving national legislation in terms of enshrining “zero reading” in the provisions of the Budget Code of the Russian Federation as an integral part of the process of reviewing and approving the budget. Thirdly, the regime-legal regulation of the consideration and approval of budgets involves the establishment of general rules for approving a draft law in a stable situation, as well as the establishment of special rules if it is impossible to apply the traditional procedure for approving a draft budget law. The purpose of such a special budgetary and legal regime is to ensure stability and continuity of the budgetary process, regardless of internal or external factors, until a regulatory legal act of the appropriate level is adopted.

Did court dismiss fraternity members’ legal action?

The Student Conduct & Academic Integrity Programs at the University of California, Riverside received a report expressing concern for the health of a pledge in the Phi Gamma Delta fraternity. SCAIP began an investigation into the fraternity's pledge process.

SHIPBREAKING AND RECYCLING INDUSTRY POLICY: AN ADVOCACY COALITION FRAMEWORK (A C F) APPROACH

Shipbreaking and recycling industry generates huge employment opportunities for workers and contribute a lot to the economy of Bangladesh. However, the profit motive driving the industry, has, however, been controversial in Bangladesh because of the severe violation of environmental and human rights that shipbreaking often involves. Since 1998, Greenpeace has published reports highlighting the poor conditions in shipbreaking yards and Bangladesh Environmental Lawyers Association (BELA) has been at the forefront of legal actions against shipyard owners and government agencies. After sustained dialogues with the government and various stakeholders, Bangladesh adopted the Ship Breaking and Recycling Rules, 2011 and the Hazardous Wastes and Shipbreaking Waste Management Rules, 2011. In 2018, the Bangladesh Ship Reprocessing Act was passed in Parliament, introducing new provisions that address the issues of Shipbreaking and recycling industry. The application of the Advocacy Coalition Framework (ACF) to the shipbreaking and recycling industry of Bangladesh has provided valuable insights into the intricate policymaking landscape of this critical sector. It provides a structured way to understand how different actors and their beliefs shaped the development and evolution of the Ship Breaking and Recycling policy in Bangladesh. KEY WORDS: Shipbreaking, Recycling Policy, ACF

Penetapan Anak Angkat sebagai Ahli Waris di Pengadilan Agama Lubuk Pakam Nomor 1619/Pdt.G/2019/PA

Adopting a child is a legal act, therefore this act has legal consequences. One of the legal consequences of the adoption of a child is regarding the adopted child's status as the heir of his or her adoptive parents. This status often causes problems within the family. The issues that often arise in cases of lawsuits are usually regarding whether or not the adoption of the child is legal, as well as the position of the adopted child as the heir of his or her adoptive parents. According to civil law in Staatsblad 1917 No. 129, the adoption of a child results in the child's status as if they were born from the marriage of adoptive parents. So the status of an adopted child is the same as a legitimate child and in inheritance law he is also called an heir. In the event that the inheritance of an adopted child in the Compilation of Islamic Law is not giving up the lineage (relatives) of his biological parents, then the adopted child does not inherit from his adoptive parents and vice versa, but the adopted child gets a mandatory will, namely a will whose implementation is not influenced or does not depend on the will or the will of the deceased. The amount cannot be more than 1/3 of the inheritance of the adoptive parents in accordance with Article 209 paragraph (2) of the Compilation of Islamic Law. And in the decision of the Lubuk Pakam religious court, how does the judge decide whether an adopted child will be the heir? (KHI).

Analysis of Constitutional Court Decision No. 16/PUU-XVIII/2020 Regarding the Honorary Council's Approval of Summoning a Notary in the Examination of Criminal Cases

In writing this journal the author discusses legal issues regarding the Analysis of the Constitutional Court Decision Number 16/PUU-XVIII/2020 concerning the Approval of the Honorary Notary Council for Summoning Notaries in the Examination of Criminal Cases. The Constitutional Court (MK) stated that it did not accept and rejected the judicial review of Article 66 paragraph (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions regarding the examination of Notaries in the judicial process with the approval of the Notary Honorary Council ( MKN). The Petitioners argue that the phrase with the approval of the Notary Honorary Council in Article 66 of the Law on the Position of Notaries places the Notary Honorary Council as having absolute and final authority to approve or disapprove a notary's summons to attend a case examination. This means that investigators, public prosecutors and judges cannot take further legal action if the Notary Honorary Council does not give their approval. With the Constitutional Court's decision issued by the Constitutional Judge regarding Article 66 paragraph (1) of the Notary Law, a problem arises regarding the basis of the judge's consideration of the Constitutional Court's decision regarding the Honorary Council's approval of the summons of a Notary in the examination of criminal cases. The approval of the Notary Honorary Council in granting permission to the parties to take or notarize and examine the Notary remains valid. The Constitutional Court (MK) stated that it did not accept and rejected the material review requested by the Indonesian Prosecutors Association.

Grounds for application of criminal law measures to legal entities - a critical look

The article highlights the problem of regulatory regulation in the current Criminal Code of Ukraine, as well as in its draft, of the grounds for applying criminal law measures (criminal law remedies) to a legal entity. The analysis of the scientific literature has shown that scholars, as well as the drafters of the Criminal Code of Ukraine, have not identified the criteria for selecting those criminal offenses which are the basis for applying criminal law measures to a legal entity if committed by an authorized person on behalf of and/or in the interests of a legal entity. The author proposes a number of conclusions necessary to improve the grounds for application of criminal law measures against legal entities. The grounds for application of such measures are of a regulatory and definitional nature, since they are provided for in the norm of regulatory (part 1) and definitional (note to the article) nature, and the application of the relevant components should be carried out as a whole and together. The grounds for application of criminal law measures are provided in six separate paragraphs. The substantive part of the grounds contained in paragraphs 1, 3-6 of Part 1 of Article 96-3 of the CC contains different components: actions on behalf of and in the interests of a legal entity (paragraphs 1, 4-6) and actions on behalf of a legal entity (paragraph 3). In the first case, it is necessary to establish the mandatory presence of the above components. The presence of a logical contradiction in clause 2 of part 2 of Article 96-3 of the CC, which provides for the failure to ensure the fulfillment of the obligations imposed on the authorized person by law or the constituent documents of the legal entity to take measures to prevent corruption, and the commission of non-corruption criminal offenses by subordinates under Articles 209 and 306 of the CC. There are no criteria for determining the list of criminal offenses for which the authorized person may apply criminal law measures to a legal entity. The author suggests that the main criterion for compiling the list of such criminal offenses should be the need for Ukraine to fulfill international treaties ratified by the Verkhovna Rada of Ukraine.

Investigating crimes against the foundations of national security: analysis of the content of new articles of the Criminal Code

It is indicated that in the context of the russian invasion of Ukraine, there is an urgent need to modernize the forensic methodology of investigating crimes against the foundations of national security. Full-scale aggression has led to the emergence of new forms of such crimes, including treason, sabotage and collaborationism, which pose a serious threat to the sovereignty and territorial integrity of the state. The updated methodology should take into account the peculiarities of the state of war, the difficulty of gathering evidence in the occupied territories, and the need to counter cybercrimes and information sabotage. It should ensure effective detection, documentation and investigation of crimes in conditions of limited access to the places of their commission, taking into account the risk of loss of evidence due to hostilities. In addition, the methodology should facilitate rapid response to new threats to national security, including hybrid forms of aggression, and improve coordination between various law enforcement agencies and special services. An important aspect is also the consideration of international cooperation in the investigation of war crimes. The author notes that the analysis of the draft Law «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine on Improving Liability for Collaborative Activities and Related Criminal Offenses gives reason to say that it offers an innovative approach to the wording of Article 111-1 of the Criminal Code of Ukraine, clearly defining the types activities that qualify as criminal offenses. However, some aspects of the new edition need clarification and refinement. The main problem lies in the insufficient specificity of individual wording of actions classified as collaborative activities. This creates the risk of an overly broad interpretation, which can lead to difficulties in the practical application of the law during the investigation of this type of crime, ambiguity in law enforcement, the risk of unjustified prosecution, and difficulties in distinguishing between legal and illegal activities under the occupation.

COMPARATIVE ANALYSIS OF FOREIGN EXPERIENCE ON INVALIDITY OF CORRUPT DEAL

There is no distinction between legal capacity and legal capacity. Instead, the single concept of legal entity (legal capacity) applies. True, in practice there is passive and active ability to deal. In other words, it is interpreted as the ability to independently perform legal actions. Legal subjectivity is considered formally equal and, according to the general rule, begins with the birth of a person and ends with his death. In the Anglo-American legal system, finding a person missing and declaring him dead do not exist as independent legal institutions.