Legal Action Research Articles

ABOUT THE PECULIARITIES OF PUNCTUATION RULES OF THE KAZAKH LANGUAGE IN THE LEGISLATION IN THE STATE LANGUAGE

Punctuation allows you to correctly understand the content of the written text, making it easier to read. Punctuation marks are used to separate sentence boundaries. Punctuation is a sign that ensures the correct presentation of a letter, such as spelling. Punctuation literacy indicates the literacy of a person as a whole. It is believed that a competent presentation of the text of a normative legal act is an indicator of the development of the legal language in the Kazakh language, because incorrect placement of commas or any other punctuation marks can lead to a certain misunderstanding. The placement of a hyphen or dash in the text of the law in Russian is "copied" into the text in the Kazakh language means that when translating this text, the peculiarities of punctuation rules in the Kazakh language are not taken into account. This became the object of study in our article. The article contains rules on the use of hyphens and dashes and examples of those shortcomings of the normative legal act that were made when setting these punctuation marks. The rules for the use of commas are also given. It should be noted that the dash is placed based on the grammatical structure and intonation of the sentence, and the comma is the most commonly used punctuation mark in the Kazakh script, and grammatical rules must be taken into account when setting it. An interesting fact is that the nature of the above punctuation error is the same, even if the analyzed laws were adopted in different years. That is, the rule of the Russian language that a dash is placed in an incomplete sentence that forms part of a complex sentence, when the missing term (usually a predicate) is restored from the previous part of the phrase and a pause is made at the place of the omission, it is also preserved in the Kazakh text. When translating the text of a legal act into Kazakh, you should abandon the rules of the Russian language, because it is important to remember that in certain languages there are similarities between the rules and another language, but with all this there are their own distinctive features.

The Role of Environmental NGOs (ENGOs) in Deforestation Issues in Endau-Rompin, 1970-2000

Tropical Rainforests in Peninsular Malaysia have a very important role in social, economic, and ecological development locally and transnationally. During the British colonial period, the forests in Peninsular Malaysia were heavily exploited until the idea of conservation came into existence to avoid the depletion of forest resources in the future. The colonial government subsequently established the Forestry Department by designating certain areas as forest reserves. However, after Independence, these forest areas continued to remain under threat to the extent that it has resulted in a decline in forest cover in addition to damage, fragmentation, and degradation of forests in favour of government policies that prioritized economic development. The rush for economic growth has created a conflict between forest stakeholders, particularly the state government and environmental non-governmental organizations (ENGOs). The objective of this paper is to present the role of ENGOs related to issues in deforestation and forest protection efforts within Endau-Rompin between 1970 where the EndauRompin controversy began until the establishment of Endau-Rompin State Park (Pahang) in 2000. This study used a qualitative approach, that is primary sources such as Parliamentary Hansard and newspapers, and secondary sources such as books and journal articles. In addition, field research was carried out through the observation of forest-related activities organized by several ENGOs. The findings of the study showed that one of the most critical roles of ENGOs in dealing with the issue of deforestation is to prevent activities that damage the forest, especially legal activities that involve decisions made by the state government. The involvement and role of ENGOs can only delay or prolong the process of losing forest cover. This happens because the state government has authority over the land (forest) matters according to the Federal Constitution which cannot be disputed from a legal point of view. The efforts to save the forest can only depend on the political will on whether the state government wants to address or ignore the concerns voiced by ENGOs in issues related to deforestation.

A Judicialização da Saúde na era do Big Data

The judicialization of health in Brazil, through legal actions to guarantee access to medicines and health services, complicates health policies and serves different interests. Accurately accounting for these actions is challenging, highlighting divergences between data sources. Analysis of data from Minas Gerais reveals significant numbers, but highlights challenges in classifying and standardizing information. Research showed that, with data mining techniques and standardization of the definition of health processes, it is possible to move in this direction. Tools like JUDJe promise to improve understanding of the judicialization of health, facing technological, privacy and security challenges. It is concluded that there is a need to widely incorporate these tools and standardize matters, to benefit the management of the health sector throughout Brazil. Submission: 04/24/24| Review: 05/15/24| Approval: 05/18/24

Some issues of improving the activities of the National Police of Ukraine and local self-government bodies regarding law enforcement at the local level under martial law

The publication highlights the issues of improving the organisation of the work of community police officers and district police inspectors in preventing and combating crime in the territory of service. The importance of implementing security audits of territories and buildings into the activities of community police officers and district police inspectors is proved. Security audits are the main tool that community police officers or district police inspectors can use to identify local security problems specific to a particular area or facilities, identify ways to address relevant risks and threats, and engage all stakeholders in working together to improve their own and others’ safety. The essence of the concept of “Crime Prevention through Environmental Design (CPTED)” and its impact on the formation of a proper state of the security environment at the local level of the community is revealed. It is emphasised that the CPTED principles are universal and can be applied to improve the security of any territory or facility. At the same time, their effectiveness largely depends on the completeness of the identification of security risks and threats. The article suggests the following areas for improvement of the regulatory and legal support for the activities of community police officers: 1) adoption of a separate regulatory legal act on the activities of district police officers, taking into account the peculiarities of police work in the city; 2) approval of instructions on the procedure for carrying out control and supervision activities in the service area. This regulatory act should provide for the forms of such files, the procedure for their completion, registration, verification and control; 3) inclusion of individual cases on security audits of the territory or individual buildings or facilities in the official records of a community police officer. Relevant security audit forms should be officially approved; 4) adoption of methodological recommendations for organising security audits and applying the principles of CPTED (Crime Prevention through Environmental Design) in professional activities.

Digitalization in the Legal Sphere of Uzbekistan

The article deals with the issues of the inevitability of digitalization processes in all spheres of public and state life, including the legal sphere. It is noted that digitalization in the legal sphere, in particular in judicial activity, has its own specifics, conditioned by the peculiarity of the implementation of justice, ensuring human rights and personal inviolability. The article analyzes the main directions of digitalization of legal activity in Uzbekistan, considers their development in certain sub-areas. The article also emphasizes that the process of digitalization, being quite complex, causes the need to develop digital consciousness and digital culture not only for civil servants, but also for the whole society.

Disputable issues regarding the systematisation of bylaws and regulations

The article deals with the issue of systematisation of by-laws and regulations resulting from the adoption of the Law of Ukraine “On Lawmaking”. It is noted that the adoption of the Law of Ukraine “On Lawmaking” has not fundamentally solved the problem of streamlining of regulatory legal acts. The unresolved nature of a wide range of issues related to the systematisation of legislation gives rise, in particular, to many debatable issues, such as: clarifying the admissibility and expediency of codification of bylaws and regulations; determining and regulating the most optimal forms of systematisation of bylaws and regulations, and the role and possibilities of consolidation as a form of systematisation of bylaws and regulations. Based on the analysis of the Law of Ukraine “On Lawmaking”, the article determines that the legislator, firstly, has not proposed a definition of codification as a form of lawmaking, and secondly, has not classified the types of codification by their legal force. Thus, the question of the potential existence of codification bylaws in the context of the Law of Ukraine “On Lawmaking” is left unsolved. Instead, the practice of subordinate legislation confirms the regularity of the existence of codification subordinate acts in the structure of the legislative system. The authors point out that the main form of subordinate legislation is resolutions of the Cabinet of Ministers of Ukraine. It is noted that the existing theoretical developments and foreign experience of regulating both formal and informal incorporation indicate that it is inexpedient to introduce it in Ukraine through amendments to the Law of Ukraine “On Lawmaking”, since incorporation does not have the features of lawmaking at all, and therefore it cannot be the subject of legal regulation by the Law on Laws. It is emphasised that, given the current doctrinal understanding of the peculiarities of alternative codifications of by-laws and regulations in Ukraine, it would be advisable to adopt a separate legal act (at the level of a resolution of the Cabinet of Ministers of Ukraine) which would regulate the rules for systematisation of by-laws and regulations in the system of executive authorities, based on the Law of Ukraine “On Lawmaking”. It is concluded that the issue of the subjective composition of public authorities with regard to the specific forms of systematisation of by-laws and regulations requires normative and doctrinal certainty, given the consolidation of legislation.

Critical analysis of international law failures in the Russian invasion of Ukraine: implications for global security

This paper offers a critical analysis of the structural deficiencies in international law that Russia’s full-scale invasion of Ukraine revealed in 2022. The study reveals a significant failure of international legal mechanisms, in particular the United Nations, to effectively deter Russian aggression and prevent the escalation of violence. Despite numerous legal actions and international responses – including resolutions by the United Nations General Assembly, proceedings at the International Court of Justice and investigations by the International Criminal Court – these measures have failed to alter Russia’s conduct or prevent further deterioration of the situation in Ukraine. The study employs a normative juridical approach, analyzing the legality of Russia’s actions considering established international norms and principles. Through this methodology, the research uncovers how Russia’s justifications for its military intervention – based on self-defense, collective self-defense, and allegations of genocide – are legally flawed and inconsistent with international law. Moreover, the research reveals the broader implications of these violations, including the potential erosion of global legal norms and the setting of dangerous precedents that could undermine international peace and security. The findings of this research highlight the urgent need for reform within the international legal framework to address these deficiencies. The paper concludes by proposing specific reforms, such as expanding the abstention obligation in the United Nations Security Council and clarifying the legal basis for humanitarian intervention, to strengthen the enforcement of international law and better protect state sovereignty. These insights contribute to the ongoing discourse on the role of international law in conflict resolution and the maintenance of global security.

Egzekucja na podstawie orzeczenia sądu wydanego na skutek rozpoznania skargi pauliańskiej – zagadnienia wybrane

On June 16, 2021, the Supreme Court, composed of seven judges, issued an extremely important resolution (III CZP 60/19, OSNC 2021 No. 10, item 62, p. 19), which the subject was to resolve the issue concerning the position of the paulian creditor, for which there was a ban on selling or encumbering the property, which had a significant impact on judicial enforcement, because a pauliana creditor who has a legally binding judgment with an enforceability clause may attach join the ongoing enforcement proceedings or take part in the division of the sum resulting from the enforcement proceedings execution. At the same time, by amending the Act amending the Act on enforcement proceedings in administration and certain other acts, the legislator introduced new solutions, including: in the scope of satisfying the property benefits obtained as a result of a legal action to the detriment of the creditor. The author analyzes the above changes, which significantly affect the position of the pauliana creditor and at the same time introduce changes in this respect, both in judicial enforcement and administrative enforcement. Keywords: administrative enforcement, act on enforcement proceedings in administration, actio pauliana, creditor pauliana, harm to creditors

The Criminal Code of Mongolia. The General Part. Crime

Introduction. In a number of positions, the Criminal Code of Mongolia is recognized as more progressive than the Criminal Code of the Russian Federation. Therefore, it is no coincidence that there is a noticeable increase in the number of publications devoted to legislative decisions of the Criminal Code of Mongolia, which are of undoubted interest in scientific discussions on key criminal law issues.General provisions. The Criminal Code opens with Chapter 1 "General provisions", which sets out the goals, principles of the criminal legislation of Mongolia, the rules of its operation in space and time. The Criminal Code of Mongolia enshrines only three principles: legality, justice and guilt. The law explicitly states that it is not allowed to bring a person to criminal responsibility for opinions or beliefs. The issue of the time of commission of ongoing and ongoing crimes has been resolved. The rules on the statute of limitations of a crime have been moved to this chapter.Crime. The foresight of an act in the criminal law is called an indispensable condition for the recognition of an act and omission as criminal, and, in particular, a careless act. The concepts of a continuing crime and an ideal set of crimes are revealed. Only two categories of crimes are fixed: serious and minor. The form of guilt for the purposes of categorization of crimes in the Criminal Code of Mongolia is insignificant. The very forms of guilt (intent and negligence) are named in art. 2.3. At the same time, intent is not divided into types. TheCriminal Code of Mongolia defines the concept of damage and harm caused by a crime. The chapter ends with the regulations on the unfinished crime.Complicity. It is noteworthy that the form of guilt of the crime committed is not specified in the law. A mediocre performer is a person who has committed a crime by using not only a person who has not reached the age from which criminal responsibility begins, an insane person, but also other persons who have not committed a crime in complicity with the perpetrator and do not realize that a crime is being committed, or livestock or other animals. The perpetrator of a crime is also recognized as a person who inclines another person to commit a crime under the influence of physical or mental coercion.Circumstances precluding the criminality of the act. This institution has found regulation in Chapter 4 of the Criminal Code. It can distinguish significant differences from the Russian Criminal Code in regulating necessary defense, extreme necessity, coercion, reasonable risk, and execution of an order.The procedure, grounds for criminal prosecution and exemption from criminal liability. Chapter 6 contains regulatory requirements that define: (1) signs of the subject of the crime – an individual; (2) general rules for bringing to criminal responsibility and (3) special rules for sentencing; (4) rules for exemption from criminal liability and punishment.Liability of legal entities. Chapter 9, which closes the General Part, is devoted to their responsibility, which defines the grounds for bringing legal entities to criminal responsibility; types of criminal liability; guarantees of its inevitability. The basis for the imposition of punishment is the sole or joint decision of authorized officials representing a legal entity, or actions or omissions committed in the interests of a legal entity that contain signs of an appropriate corpus delicti.Conclusions. Modern Mongolian criminal legislation, while maintaining continuity and honoring legal and cultural traditions, has a qualitative originality. The normative prescriptions proposed in it are of interest to Russian criminal law science and the legislator. Undoubtedly, the experience of Mongolian criminal law regulation can and should be taken into account by the domestic legislator.

Criminalizing Civil Law Actions of Default into Criminal Acts of Fraud: A Human Rights Perspective

The terms "Default" and "Fraud" and/or “Embezzlement” are often interchanged without clarity of meaning in many discussion forums, both oral and written. This confusion can be seen from the many court decisions that acquit defendants from prosecution which have permanent legal force. The public often hears that law enforcers carry out criminalization, such as witnesses becoming suspects, suspects becoming defendants and so on by shifting the civil legal action of Default to criminal act of Fraud and/or Embezzlement. Using 'criminalization' and 'criminalized' in this article is considered inappropriate, so it has been replaced by 'criminalizing' and 'criminalized'. If there is an action to shift the civil legal act of Default into a criminal act of Fraud and/ or Embezzlement, so from a human rights perspective, it is against the law. By using normative legal research methods, this paper examines how to differentiate civil legal acts of Default from criminal acts of Fraud and/or Embezzlement, how to apply civil compensation in cases where there are already criminal legal remedies, and what is the legal and human rights perspective when criminalization occurs. This paper uses a statutory approach and a case approach. The results show: First, there is a real difference between civil legal acts of Default and criminal acts of Fraud and/ or Embezzlement; Second, the application of compensation can be carried out through criminal and civil procedural law mechanisms; Finally, criminalizing civil legal acts into criminal acts is a form of violation of human rights.

Міжнародно–правова практика мобілізації та способу комплектування Збройних Сил

The article examines the peculiarities of the legal regulation of the mobilization process in the United States of America, Great Britain, Finland, and the Baltic countries, the practice of which has its own specifics associated with national traditions, the conditions of military and reserve service, the geographical location of the country, and other characteristic features. It is noted that the full-scale invasion of Russia on the territory of Ukraine forces most European countries to take urgent measures aimed at changing the methods of mobilization for war, as well as shifting the economy to the production of military equipment and the implementation of organizational and legal forms and methods of conscription and replenishment of mobilization resources as in their own countries and in NATO. It has been proven that when a decision is made on the mobilization deployment of the armed forces in the USA, the draft of men is carried out in 6 stages, which include organizational and legal actions aimed at the adoption by Congress of relevant amendments to the mobilization legislation, the procedure for the draft of specific persons based on the drawing of a lottery, the implementation of attestation persons and enlistment of conscripts for active service. The right to serve in the United States, on the basis of secondary education, has all citizens of the United States and citizens of other states who permanently reside in the state. Staffing of the army of Great Britain is mainly carried out on a professional basis. However, the government of the kingdom, in order to reduce the level of crime, youth unemployment and the Russian threat to the West, is inclined to return mandatory military service to the country in 2025. Candidates for joining the army mobilization reserve are recruited by theMilitary Information and Career Bureau. It is outlined that the armed forces of Scandinavia and the Baltic States, in contrast to the armies of the United States and Great Britain, continue to expand the conscription process due to the increased threat from Russia. Thus, the order of recruitment of the armed forces of Finland is carried out on the basis of the Law “On Conscription for Military Service”, in Latvia the mobilization process is regulated by the Law "OnMilitary Service", Lithuania conducts military conscription in accordance with the Law “On Military Conscription”, and in Estonia the legal basis of the defense of the country is regulated by the Law “OnMilitary Service”. It has been proven that military servicemen, conscripts and reservists are mainly criminal, administrative, disciplinary and materially responsible for violating mobilization legislation in NATO countries. It is noted that the domestic mobilization legislation requires targeted legal support, adaptive military management and a complex and systemic approach to the organization of the mobilization process.

Privacy Protection Guarantee For Data Hacking Victims According To Indonesian Law

Personal data leaks have become one of the major issues in cybercrime. The government has attempted to overcome this issue by implementing Law on Personal Data Protection (UU PDP) and establishing law enforcement agencies for Personal Data Protection. Despite the existence of laws that regulate and agencies responsible for this issue, personal data leaks still occur frequently. One of the cases was the leak of customer data from Bank Syariah Indonesia (BSI). This study analyzes the assurance of privacy rights concerning data managed by Big Data Controllers under the Personal Data Protection Law and identifies legal actions that victims of data hacking due to the data controller’s negligence regarding the Big Data security systems. This research uses normative juridical methods with a descriptive-analytical approach. The results of the research show that Indonesia has regulations to protect the privacy rights of its citizens, specifically in the Personal Data Protection Law which regulates actions and restoration of the right to privacy if data leaks occur by the limitations of this article.

The Existence of Supervision by Non-Governmental Organizations in Providing Legal Protection for Consumers with Bad Credit

Convoluted formal procedures have led to a crisis of public confidence in state institutions, this is what happens with bad credit, in fact the public prefers to take bad credit issues to complain to YLKI rather than going to state institutions that handle consumer protection. This research is intended to examine and analyze the role of Indonesian consumer foundations in providing protection to consumers with bad credit. The research method used is normative legal research which is carried out by conducting research, using library materials or secondary data. This research concludes, first, the problem of consumer protection for bad credit is that the public does not have confidence in resolution through consumer protection institutions under state institutions and through legal action in court as a litigation step. The reason is that complicated bureaucracy and the weak response of state institutions to the issue of bad credit have encouraged the public to choose YLKI to advocate for the issue of bad credit. Second, the existence of supervision by non-governmental organizations since 1970 has been able to respond quickly to consumer protection issues, especially regarding bad credit, namely through advocacy to save bad credit consumers who experience arbitrary collections. The problems experienced by YLKI are a lack of budget and the number of human resources that are unable to keep up with the volume of handling advocacy cases such as bad credit issues, causing YLKI to not optimally handle bad credit cases.

Pengaturan Dewan Pengawas KPK dan Implikasi Terhadap Indepedensi Komisi Pemberantasan Korupsi dalam Sistem Ketatanegaraan Republik Indonesia

This study aims to analyze how the existence of the Supervisory Board affects the KPK's position as an independent institution. In addition, this study also identifies obstacles in the implementation of the Supervisory Board regulation that may impact the effectiveness of the KPK. The method used in this research is normative legal research that relies on document studies and legislation related to the KPK as well as the theory of constitutional law. The result of this research is that the regulation of the KPK Supervisory Board, especially in granting licenses for KPK legal actions, has the potential to weaken the independence of the KPK. The duties of the Supervisory Board, which enter the realm of pro justicia, lead to unclear roles and bureaucratic obstacles in the investigation process. This has implications for reducing the effectiveness of the KPK in eradicating corruption in Indonesia.

The legal status and activities of the authorities of the Ukrainian People’s Republic in exile (end of 1920 – August 22, 1992): historical and legal aspects

A historical and legal study of the legal status and activities of the authorities of the Ukrainian People’s Republic (hereinafter - the UPR) in exile (late 1920 – August 22, 1992). It is concluded that, since at the end of 1920 the authorities of the UPR lost influence on the population as a result of the establishment of Soviet power in most of the Ukrainian territories and the UPR actually ceased to exist, which was formally fixed by a peace treaty between the Polish-Lithuanian Commonwealth and Soviet Russia on March 18, 1921. in Riga, the UNR authorities lost their state status and acquired public status. The content adopted by the Council of People’s Ministers and approved by the Chairman of the Directory on January 9, 1921 was analyzed. a normative act entitled “Law on the Council of the Republic,” in which the Council of the Republic was defined as “a temporary supreme authority of the people, which has full power.” The authorities of the UPR imitated state activity: the Council of the Republic – as legislative, the Council of People’s Ministers - as executive authority, the Head of the Directory – as the head of the UPR. After the termination of the existence of the Council of the Republic in August 1921 the functions of the UNR authorities in exile were carried out by the Head of the Directory and the Council of People’s Ministers. The content of the “Temporary Law on the Reorganization of the State Center of the UNR in Exile” of June 10, 1948, which established the competence of the constituent parts of the State Center of the UNR: President, Vice-President, Government, Ukrainian National Council, was studied. Based on the analysis of the content of this normative act, it was concluded that the State Center of the UPR in exile formally had the status of a public organization, but pretended to be a state authority and imitated state functions. According to this document, the Ukrainian National Council performs “the functions of a temporary legislative representation.” The relationship between the constituent parts of the State Center of the UPR in exile had to be revealed in the rule-making process and in the formation of the Government. The political responsibility of the Government to the Ukrainian National Council and the President of the UPR was envisaged. The Government’s accountability to the Ukrainian National Council and control over the UNR President were established. The UNR President was vested with the right to dissolve the Ukrainian National Council at the suggestion of the Government. The authorities formed on the basis of this normative act had the status of public and performed functions in international, normative, political, scientific and other spheres.

Language and style of a legal act: analysis of the Law of Ukraine «On lawmaking»

The article examines the peculiarities of language and style of a legal act in the context of studying Article 35 of the Law of Ukraine «On Lawmaking». It is determined that compliance by public authorities and local self-government bodies with the basic requirements for drafting and adopting regulatory legal acts is an integral part of an effective law- making process in Ukraine. In our opinion, the requirements to the language and style of a legal act are also important, since lawyers-drafters should have additional knowledge in this area, in particular, the linguistic features of writing legal norms. The author`s conclude that the issue of language aspects of legal drafting is relevant because the use of clearly defined and prescribed legal terms not only avoids ambiguity and different understandings, but also ensures the accuracy and unambiguity of the law’s interpretation. Therefore, a law should be written in a language that is understandable to everyone, but it should also use legal terminology to avoid misunderstandings and misinterpretations. It is noted that the Law of Ukraine «On Lawmaking» in Article 35 defines the basic rules of text presentation and peculiarities of the style of a legal act. However, for lawyers, the linguistic aspects of writing a legal provision are not always clear, so it is necessary to analyse in more detail the requirements of the law regarding the language of a legal document and to highlight the general principles of using terms and linguistic rules in the legal sphere. The author`s identify problems in the implementation of the provisions of Article 34 of the Law, in particular: 1) the lack of developed and adopted standards of Ukrainian legal terminology, which creates difficulties in the construction of legal norms; 2) the absence of a separate linguistic department which would deal with proofreading of draft legal documents, both in the Verkhovna Rada of Ukraine and in other state and non-state structures; 3) the absence of a Unified Glossary of Legal Terms, which also affects terminological consistency in the drafting of a legal document.

Peculiarities of fulfilling obligations under a timeshare agreement

The scientific article examines established approaches in private law doctrine to understanding the concept of «fulfillment of contractual obligations». The essence of the fulfillment of obligations is revealed, in particular, that it is revealed through those actions that the party commits to achieve the results for which the deed was concluded. It has been proven that active fulfillment of obligations takes place in timeshare contracts, as actions are assumed by both counterparties, the consumer must pay on time, and the timeshare founder must provide access to property suitable for quality recreation during the reserved period. It was found that the fulfillment of obligations under the timeshare agreement: aims to achieve the purpose of the timeshare agreement; is a manifestation of consistent factual and legal actions of the parties to the contract, which, on the one hand, achieve the goal, and on the other hand, provide for the exercise of subjective rights. It is justified that the principle of good faith plays an important role in fulfilling the obligations under the timeshare agreement, which is the appropriate standard of actions of the parties to the agreement, a measure of honesty, openness, and respect for the interests of the counterparty. A timeshare contract will be properly executed if the parties to the contract act in good faith. It was found that good faith is closely related to the principle of obligation of the parties to fulfill their contractual obligations, which definitely limits the freedom of contract. This is also followed in judicial practice. In addition, good faith helps prevent possible abuses of contractual freedom. Fulfillment of obligations under the timeshare agreement must be proper, which is directly related to the will of the parties, as well as the quality of the provided services for accommodation for recreation of the consumer and his family members. In our opinion, the quality of services under timeshare contracts should be one of the essential conditions of the contract, the feature that characterizes its subject. It was revealed that when considering the problem of proper performance of the obligation, scientists also note the principle of real performance, which means the need for the debtor to perform those actions that correspond to the content of the obligation.

Interpretation of legal duty in the American legal tradition

Human rights, as enshrined in current international legal instruments, are the result of long-term historical development and the gradual formation of standards that have become the norm in modern democratic society. The formation of such unified standards for regulating social life has led to the modern doctrine of human rights being based on universal principles and values, including freedom, equality, justice, and the inalienability of fundamental human rights. However, despite the commonality of these values and principles on which the modern idea of human rights is founded, its formation and gradual development occurred under the influence of cultural, historical, political, and sociological factors of individual states or entire regions. These factors led to the emergence of distinct legal traditions. A legal tradition is understood as a deeply rooted and historically conditioned attitude of people towards the role of law in society, the nature of law, as well as the organization and functioning of the legal system as a whole. The legal tradition, in turn, leads to certain differences or authenticity in the interpretation of various legal categories, as their formation occurred through the prism of unique circumstances characteristic of a particular legal tradition. Studying approaches to interpreting certain legal phenomena in specific legal traditions allows for a broader understanding of a given legal concept, revealing its peculiarities in the legal systems of individual states, and conducting a comparative analysis of its interpretation alongside other legal traditions. Today, when discussing human rights and obligations, we often refer to sources of the European legal tradition, which undoubtedly play an important role in the modern understanding of human rights. However, it would be incorrect to overlook the contributions of other legal traditions, particularly the American one. The emergence of the modern system of human rights and obligations on the American continent is associated with the activities of the Organization of American States, as well as the adoption of such acts as the American Declaration of the Rights and Duties of Man of 1948 and the American Convention on Human Rights of 1969. It should be noted that the American Declaration of the Rights and Duties of Man preceded the Universal Declaration of Human Rights of 1948 by six months, which underscores the significance of this act in the process of establishing an international system of human rights and their protection. A characteristic feature of this Declaration, which distinguishes it from the Universal Declaration of Human Rights of 1948 and a number of other European human rights acts, is its extensive list of duties impos ed on individuals. Thus, to identify the peculiarities of interpreting the category of legal duty, it would be appropriate to study this fundamental normative legal act of the American legal tradition in the field of human rights and duties. Furthermore, studying normative legal acts that regulate both human rights and duties will allow us to outline the mechanism of establishing and normatively formulating key human duties in the American legal tradition.

Perceptions of Individual Taxpayers towards Tax Avoidance: A Case Study of Cuttack District of Odisha

The primary and major source of revenue of any government is collection from the tax. The amount of tax revenue is expensed for the welfare of the public. Various provisions are laid down in the Income Tax Act, of 1961 for the levy and collection of tax. The taxpayers have to take the benefits of loopholes of the provisions for the reduction of tax burden and it is called Tax Avoidance which is a legal action. Ultimately, tax avoidance reduces the sources of revenue of the government. This paper attempts to study the perception of the individual taxpayers towards Tax Avoidance in Odisha. This study is based on both the primary and secondary sources of data. The primary data has been collected and compiled from the responses of 100 numbers of individual taxpayers. The secondary data have been collected and compiled from the various ancillary sources such as magazines, periodicals, journals, and some apparent websites. The data collected from these sources have been categorized and tabularized as per the necessities of the current study. There are various statistical and mathematical tools and techniques like the Chi-square test, percentage, trend Analysis, and Likert scale have been applied for the exploration and understanding of results. The present paper shows that a huge number of taxpayers or people are considering payment of taxes as a load in spite of the amount of tax is very less. The average perception of individual taxpayers differs significantly among different groups of the selected demographic and financial variables. The perception of individual taxpayers toward Tax Avoidance shows the adverse impact on the economic development of the country.

ACTIVITIES OF NON-STATE MILITARY INSTITUTIONS: ECONOMIC ASPECT

The subject of the study is the economic aspect of the activities of non-state military institutions (private military companies), in particular, the increased demand for the services provided by them, and the state regulation of their activities by national legislation of leading foreign countries and international acts. The methodological basis of the study is modern general scientific methods (systemic and structural, formal and logical, analysis and synthesis, induction and deduction, generalisation, comparative); special methods (historical and legal). The purpose of the study is to analyse the economic aspect of non-state military institutions, based on the analysis of scientific works, experience of leading foreign countries and international practice, as well as the analysis of domestic draft laws on legalisation of military consulting activities in Ukraine. In the course of the study, the authors analysed the works of scholars who have studied various aspects of private military campaigns (legal, economic, security) and their regulation in foreign countries, as well as international legal norms on the regulation of the activities under study. In addition, the authors critically analysed domestic draft laws on legalisation, state regulation and supervision (control) over the activities of non-state military institutions in Ukraine. As a result of the study, it was established that the emergence of draft laws on the legalisation of the activities of non-state military institutions, their state regulation and supervision in Ukraine, on the one hand, is due to the aggression of the Russian Federation against Ukraine, which began in 2014. On the other hand, the economic consequences of privatisation in many industries and the need to compare the costs of the state's functions, including security, with the benefits received. Under such conditions, the business environment has demanded the introduction of a promising business activity and business sector – military consulting. Recently, this demand has been reinforced by the availability of a significant number of highly professional military specialists with experience and willingness to participate in relevant operations, including abroad. It is also understood that the demand for the services of non-state military institutions and the possibility of starting such activities in foreign countries where they are legalised will lead to an outflow of qualified specialists for employment abroad, and a loss of human resources and state budget revenues in the form of taxes paid by military consulting entities. At the same time, the existence of such entities in the country will help to improve the level of training of military personnel in the context of Russia's large-scale armed aggression against Ukraine by attracting specialists with relevant experience and willingness to engage in this type of business activity. In the post-war period, the existence of this type of legal activity will solve the problem of employment of former military personnel who wish to continue to work officially in the military and receive decent wages, and thus reduce social tensions in the economic sector.