Legal Analysis Research Articles

Legal regulation of e-commerce: international and national standards

The article examines the problems of legal regulation of electronic commerce as a key component of the modern digital economy. Since e-commerce is a global phenomenon that is rapidly developing, new challenges arise in the legal field, in particular, the need to harmonize national and international legal standards. It is stated that dynamic changes in the field of e-commerce require adaptation of national legal acts to respond to modern challenges, particularly in the field of international transactions. The relevance of the study is due to the fact that modern technologies create new forms of digital legal relations, which national legal systems do not always have time to adequately regulate. This calls for an in-depth analysis of the mechanisms of legal regulation of electronic commerce at the international and national levels. An important task is the harmonization of national legal norms with international standards, which will ensure the stability of the legal system and the protection of the rights of market participants. The article draws attention to the fact that, despite a significant amount of research in the field of electronic commerce, there is a significant gap in the legal regulation of this field in different countries, which complicates the work of international platforms and the protection of the rights of consumers and entrepreneurs. During the study, a comprehensive analysis of key legislative acts of Ukraine regulating electronic commerce was carried out, including the Law of Ukraine «On Electronic Commerce», the Law of Ukraine «On Electronic Identification and Electronic Trust Services» and others. The article emphasizes the importance of further harmonization of Ukrainian legislation with international standards, which is necessary to ensure legal certainty and stability in the conditions of global digitalization of the economy. Considerable attention is paid to the analysis of international legal acts, such as the UNCITRAL Model Law on Electronic Commerce and the Guidelines for Electronic Commerce of the Organization for Economic Cooperation and Development. These documents play a key role in harmonizing international legal norms and creating a single legal space for electronic commerce. Attention is focused on the fact that effective legal regulation of electronic commerce is important for the development of international trade, ensuring the security of electronic transactions and protecting the rights of all market participants. The need to adapt national legal systems to the requirements of international standards is substantiated, which will contribute to the growth of electronic commerce and increase the competitiveness of states in the global economy.

Peran Kejaksaan dalam Penentuan Hak Restitusi Tindak Pidana Perdagangan Orang

This study aims to find out and analyze the role of the prosecutor's office in determining the right to restitution for the crime of trafficking in persons based on case number 27/Pid.sus/2019/PN.Kpg. This research is a normative legal research (library research) supported by empirical data. This research focuses on the Role of the Prosecutor's Office in Determining the Right to Restitution for the Crime of Trafficking in Persons. The approach used in this study is the case approach. This research uses primary legal materials, secondary legal materials and tertiary legal materials. This legal research is analyzed using the Content Analysis legal material analysis technique. The results of this study show that (1) The existence of restitution is contained in Law Number 21 of 2007 concerning Trafficking, Article 4 of Perma No. 1 of 2022, and is contained in the Criminal Procedure Code. (2) The role of the prosecutor's office in determining the right to restitution of victims in the crime of trafficking in persons is to inform the victim of their rights in submitting restitution applications to the court, so that the suggestions that can be given to law enforcers, especially the Public Prosecutor, should be given socialization or training regarding Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons, especially the provision of restitution, so that there is a common perception in handling cases of human trafficking.

The Fulfilment Service Provider in Product Safety and Liability: A Silver Bullet for the Enhancement of Safety and Compensation in E-Commerce, or a Leap of Faith?

Abstract The European legislator has included the fulfilment service provider (FSP) in European product safety legislation as a new responsible economic operator (EO) in e-commerce for instances where no other EO is based in the European Union. As a matter of coherency, this adjusted personal scope of product safety law will likely be mirrored in a revised product liability directive. This article explores to what extent the aims and expectations of European legislator with respect to these legal changes (law in the books) align with the perceptions of FSPs and legal advisors in the field (law in action). This is done by means of a legal analysis of the goals and envisioned effects of these changes as well as a semi-structured interview study on how FSPs and legal advisors in the field perceive this new role, responsibility, and liability. The findings provide indications that product safety law currently in force might not (yet) lead to the desired effects. The findings also make us question the extent to which victim compensation is actually improved by the proposed adjustment of the personal scope of the product liability directive.

Remote employment in the era of modern changes: current legal analysis

The article explores the urgent aspects of remote employment as one of the forms of non-standard employment in contemporary conditions. At first glance, this type of employment offers more flexibility and independence, but in reality, it is associated with numerous challenges and issues. One of the most important aspects is the need for more detailed regulation and governance of remote employment. Adherence to universally recognized labor rights is essential, as the lack of physical contact can lead to various violations in the labor sphere. The current state of legislation has been analyzed and key aspects of problems that need to be resolved to ensure an adequate level of legal protection for employees have been identified. The article particularly expresses the opinion that the existing regulatory legal acts governing the order of remote employment are outdated. Current statistical data and sociological research emphasizing the importance of developing the legislative framework in this area are taken into account. This indicates the necessity for updating these regulations in line with modern realities and challenges posed by contemporary labor relations. Attention is drawn to the rapid development of the digital economy, which underscores the importance of developing relevant legislation. This will not only ensure the dynamic development of labor relations but also contribute to the preservation of employees’ health and safety. Clear regulation of these issues will improve the quality of life for workers and address challenges associated with remote employment. The active participation of Ukrainian companies that implement advanced management practices and experiment with remote employment as one of the alternative forms of employment was also noted. Additionally, the article examines the advantages and disadvantages of remote employment for both employees and employers, considering their views and interests. In general, the article aims to emphasize the importance of legal regulation of remote employment and its impact on the development of modern labor relations. The authors highlight the need to improve legislation in light of current trends and challenges, which will contribute to the stability and development of the labor market amid ongoing technological transformations.

The Analysis of the Federal Structure of the Russian Federation in the Context of Comparative Legal Analysis of the Practice of Federative Relations of Foreign Countries

The Analysis of the Federal Structure of the Russian Federation in the Context of Comparative Legal Analysis of the Practice of Federative Relations of Foreign Countries

The Past, Present and Future of Voter ID in Great Britain—Voter Turnout, Rejection and Confidence

AbstractThis article examines the implementation of voter identification at polling stations for elections in Great Britain, in particular following the passage of the Elections Act 2022. For this purpose it groups the affected and most significant elections into four chronological studies. These are, first, the initial pilot schemes conducted in 2018 and 2019, second, the May 2023 local elections in England, third, the 10 parliamentary by-elections held in Great Britain between July 2023 and May 2024, and fourth, the July 2024 UK General Election which marked by far the biggest test of the new requirements. The article examines the historical context and key statutory provisions which introduced voter ID, before analysing the respective studies relying on official Electoral Commission and UK Parliament data, as well as data gathered by volunteer organisations and the author’s own observations at polling stations. For this purpose, the case studies focus on the issues of voter turnout, rejection and confidence, as these are easily quantifiable measures which can assist with the legal analysis. As such, the article assesses the legality of voter identification laws in the UK, in particular from a human rights perspective, arguing that the implementation of voter ID has been problematic from the outset. Data produced after the elections raises further questions over the necessity and proportionality of the measures, suggesting that further reforms are needed if the policy is to remain in place.

Legal and practical challenges in preventing cyberbullying in Tanzania: Navigating Legislative gaps, Enforcement hurdles, and Social Realities

Cyberbullying presents significant legal and societal challenges, particularly in developing countries like Tanzania, where digital literacy and legal frameworks are still evolving. This paper explores the legal and practical obstacles to preventing cyberbullying in Tanzania, examining the adequacy of existing laws, enforcement limitations, and social issues that complicate intervention efforts. Drawing on legal analysis, case studies, and comparative insights, it discusses potential reforms and offers recommendations for more effective prevention and response mechanisms. This study aims to contribute to an improved understanding of the unique challenges Tanzania faces in curbing cyberbullying, advocating for holistic strategies that address legal, educational, and technological dimensions

A feminist legal analysis of non-consensual sexualized deepfakes: contextualizing its impact as AI-generated image-based violence under EU law

ABSTRACT This article focuses on the legal contextualization of the generation of fake audiovisual sexual content based on replacing and shuffling facial or voice data using artificial intelligence (AI) technology without the previous consent, commonly known as ‘non-consensual sexualized deepfakes'. The legal analysis will be limited to examination of the impact of non-consensual sexualized deepfakes on the gender equality spectrum and gender-based violence context. For this reason, the analysis will be built upon the European AI Act – the applied legal framework when AI software is used – the European Directive on combating violence against women and domestic violence (GBV Directive) – which criminalizes the generation of sexualized deepfakes – and the Digital Service Act (DSA) – the legislative framework regulating online platforms, where mostly sexualized deepfakes are distributed. To better understand how sexualized deepfakes are generated, we will examine their generation and detection techniques through a short overview from a technical lens. The methodology used is built on the feminist critical approach – based on the ‘King Kong’ theory and abolitionist feminism – to the doctrinal analysis of the relevant European legislation. After having captured the harms of deepfake technology, legal solutions will be provided through this cross-disciplinary perspective.

ONLINE DISPUTE RESOLUTION IN UKRAINE: EXPECTATIONS AND REALITY

Background: As digital interactions and transactions grow, people are more inclined to participate if they feel secure and assured of fair procedures. However, online dispute resolution is still rarely used in Ukraine due to a lack of regulations. This research article provides a legal analysis of online dispute resolution (ODR) in Ukraine, concentrating on defining the ODR landscape, as well as on considering its potential in e-commerce and traditional court proceedings. Besides, the article presents a vision and proposals for the future adoption of European laws in Ukraine while discussing the current challenges in the online justice system that hinder its successful implementation. As a result, the article emphasises the need for an adequate legal instrument to regulate ODR in Ukraine, particularly in the context of e-commerce. It highlights the importance of implementing EU legislation, developing ODR platforms and ADR institutions, and ensuring their decisions are binding. It also addresses the challenges related to remote hearings in the judiciary during different circumstances and suggests adopting cloud-based case management to improve efficiency and reduce the risk of document destruction. Methods: The research methodology for this study on online dispute resolution in Ukraine included a comprehensive literature review, a comparative analysis of ODR systems in European countries, and a systems analysis to forecast the future trajectory of ODR in Ukraine. This approach aimed to assess the current state of ODR in Ukraine, identify areas for improvement, and explore potential achievements and challenges in its implementation. Results and conclusions: The article concludes that Ukraine is in the process of establishing a legal framework for online dispute resolution, which is expected to progress further after the war. The implementation of EU legislation and the development of ODR platforms and ADR institutions are crucial, along with ensuring accessibility for all, including vulnerable groups without internet access. Related to online courts, it is necessary to address challenges such as judges' absence during remote hearings. It is also recommended that the process be expedited and the risk of document loss internally in the case management system minimised.

Corporate Crime Liability: Beyond Rule Reform on Indonesia Criminal Policy

The acceptance of the corporation as the subject of a criminal act, causing problems in the accountability of corporate criminal acts, because of the existence of vague norms that cause injustice and uncertainty in its application. In this study, there are two main problems, namely regulation of corporate criminal liability in criminal law in Indonesia and the prospect of criminal law on the liability of corporate criminal acts in Indonesia from the perspective of ius constituendum. The research method used is a normative legal research method with a statutory approach, comparison study and legal concepts analysis. The results of the study are: (1) As a vague norm in the regulation of corporations as the subject of criminal acts that can be accounted for in the Criminal Code and several laws outside the Criminal Code have regulated corporations as the subject of criminal acts that can be accounted for in criminal law, (2) The prospect of regulating corporate criminal liability in the 2019 Draft Criminal Code has completely and firmly regulated corporations as the subject of criminal acts and can be accounted for in criminal law and accepts absolute criminal liability and certain substitute criminal liability.

An Innovative Thinking on the Effect Evaluation and System Improvement of Senile Monitoring

China is preparing for its rapidly aging population and implementing an effective system of elder guardianship. Due to policies such as the one child policy and longer life expectancies, in combination with improved economic conditions, this demographic shift has put great pressures on social, legal and healthcare systems. In this paper, the authors investigate the development of elder guardianship in China, its present struggles as well as possible policy pathways.The current study aims to evaluate the efficacy of elder guardianship in China using an extensive literature review and incorporating theoretical discussions into legal analyses. Through comparisons with international guardianship models, foreign best guardianship practices to learn from the Chinese situation to find out. We reviewed case studies of efforts to reform elder care, both in community-based and governmental health strategies.The results presented in this article reinforce that although the Civil Code of PRC (2021) may be a significant step forward towards a more legal frameworking concerning elder guardianship, there are still challenges to be faced relating to the variety in law enforcement, oversight, and public awareness. Moreover, the transition to nephology nuclear living has also exacerbated the guardianship accommodate system. In addition to this, a key aspect relates to the reform required in pension and social security policies for the elderly population.The paper concludes that the guardianship system in China may improve by combining a family model with a public one, developing community-based elder care, and utilizing technology for monitoring. Suggestions also focus on strengthening legal frameworks, enhancing guardian oversight and encouraging elder care service innovation to better the quality of lives of those under guardianship.The authors of the study conclude that China's progress in elder guardianship has been commendable but there is still a long way to go, especially as far as legal issues are concerned and socio-administrative care services. Future studies in China need to explore more culturally distinctive and multifaceted modes of guardianship that are better fitted for the country's burgeoning older population.

Localization vs globalization of carbon emissions trading system (ETS) rules: how will China’s national ETS rules evolve?

ABSTRACT China’s national carbon emission trading system (C-ETS) is central to its climate action. Previous studies have largely focused on the unique ETS design and/or regulatory details to determine whether the ETS functions successfully. However, less attention has been paid to crucial questions of how China adapts ETS rules to its unique political, legal, economic, and social contexts; and, given China’s climate ambitions, how those rules will develop in future global climate governance. Adding to discussions on how to design the ETS legal infrastructure, this study takes the world’s largest ETS (C-ETS) as an example to discuss the critical question of what rules should be differentiated and what rules should be harmonized (e.g. in alignment with the arguable prototype EU ETS and/or those of strategic partners). First, by examining China’s general ETS institutional framework, its legal evolution, and related legal disputes, this study highlights a ‘central government-promoted model’ underlying China’s ‘localization’ of ETS rules. A Functional Comparative Legal Analysis Framework is proposed to identify China’s key, distinctive, and long-lasting ETS legal features and to examine their collective potential to provide effective, efficient, and just abatement incentives. Further situating the C-ETS in global climate governance, this study provides insights into the potential future development of China’s ETS rules, with policy priorities that vary across stages. Finally, we draw lessons for other jurisdictions and discuss how our analysis might assist in the transnational understanding and potential coordination of different ETS rules.

Humanistic approach in protecting victims of human trafficking crimes

Cases of human trafficking are becoming more prevalent and represent grave abuses of human rights. Both locally and internationally, victims of human trafficking run the danger of being exploited, violent, or infected with contagious illnesses. The Indonesian government has not fully complied with the minimal criteria for safeguarding victims of human trafficking, notwithstanding Law Number 21 of 2007 for the Eradication of the Crime of Human Trafficking. Human rights restoration and respect for victims of human trafficking must be given priority in the implementation of legal protection for these individuals. To strengthen and increase the security of victims’ rights in the future, this study intends to conduct a thorough analysis of the humanism approach model and policies for safeguarding victims of human trafficking. This research uses an empirical technique to support its normative legal analysis. Primary and secondary legal sources are used in this research. The study’s findings show that the protection provided by humanist criminal law for victims of human trafficking is founded on humanitarian principles that derive from the divine principles found in the Pancasila ideology. There are additional requirements for punishment, such as its purpose, its ability to serve as therapy, and its determination to reflect the victim’s and society’s sense of justice. This criminal law is founded on the principles of legality and balance.

Domestic Violence: Modern Challenges and Areas of Counteraction In Ukraine

Objective: The purpose of the article is to determine the role and significance of the interaction between the police and society as the main factor in combating crime, taking into account Ukrainian and foreign legislation, different opinions of scholars and empirical data. Theoretical Framework: The theoretical basis for this study is the scientific studies dedicated to fundamental issues of human interaction in modern conditions, the essence and general social significance of the institution of the family, as well as have thoroughly studied the problems of domestic violence. Method: The methodological basis of the research is systemic, comparative and legal analysis, formal and legal method, interpretive method, as well as methods of analysis and synthesis. Results and Discussion: A number of problematic aspects of the essence of combating domestic violence has been analyzed, which made it possible to form an understanding of this phenomenon as an extremely complex and multifaceted category that depends on a number of factors both at the individual and public levels. Contributions: It has been concluded that it is important to distinguish the areas of combating domestic violence for a more complete understanding of this process, especially in terms of large-scale armed aggression and new digital challenges. In particular, it has been emphasized on such areas as the prevention of domestic violence by servicemen and veterans, as well as the active use of digital technologies in fighting against domestic violence.

Partisan Punitive Practice in Varėna District (1944–1952)

One of the least analysed aspects of the partisan war in Lithuania between 1944 and 1953 is the punitive practice of partisans. The aim of Total Irreversible Human Loss in Lithuania Between 1944 and 1953, a programme conducted by the Special Investigation Department of the Genocide and Resistance Research Centre of Lithuania, is to explore in detail the relationship between the partisans and the population during the war, to reveal the variety of executions conducted by partisans, and to clarify the decision-making procedures of partisan organisations with respect to the population. The objectives of the programme are to carry out a complex historical-statistical study and to prepare a classification of cases and a statistical data set; to collect data on the relationship of partisan organisations with the population and on the activities of courts-martial and other partisan institutions; and to carry out historical and legal analysis of data and to assess the legitimacy, validity and effects of partisan decisions concerning the population. It is also necessary to clarify, supplement and correct errors in the Soviet era card files that are stored at the Genocide and Resistance Research Centre and serve as the database for people killed and injured by partisans. This article has been prepared on the basis of the study of death sentences, executions, and people killed in action by partisans in the period 1944–1952 in the district of Varėna, the area of former Varėna County. During the archival-historiographic study, cases of killings were examined in detail through the exploration of the circumstances, motives, and other information. An important part of the study was the analysis of partisan documents: court-martial reports, various proclamations, and warnings. The most serious areas of the punitive practices of partisans were also discussed: killings of families or minors, issues of guilt and innocence, and the circumstances of partisan warfare at the time. Between 1944 and 1952, 688 people were killed in the district of Varėna; a total of 858 recorded cases of executions or possible executions were studied. The social status of 497 victims and dates of birth of 443 victims were identified. The average age of victims was 35.6 years. Three main categories of victims can be identified: employees and officers of military and security forces (29.6%), Soviet administrative staff and employees (20.9%), and farmers and workers (a total of 30.6%; 22.1% and 8.5% respectively). Other categories by job, occupation, etc.: family members of employees of military and security organisations (2%), family members of administrative staff (4.8%), settlers (3%), informers and agents (3.2%), Soviet activists (2.8%), family members of activists (0.2%), members of Komsomol (0.8%), students (0.2%), and former partisans and people who were close to them (1.8%). Eighty convictions by partisan courts-martial were identified, and 23 other partisan documents (warnings, proclamations) were left at the places of execution. This accounts for 14.9% of all executions. Most soldiers, employees and officers of military and security forces perished or were executed in an ambush. The justification for killing Soviet administrative officials, employees, and other staff members was usually that those people were carrying out Soviet orders. Usually executions were carried out at people’s homes or outside homes and by giving a warning and providing a charge. Death penalties and executions of farmers and workers pose the most questions. Most are executions for collaboration with the Soviets and the sabotage of the partisan movement. Based on the information collected, it is however usually difficult to fully assess the legitimacy of such killings.

Vacancies Regulation Center: A Legal and Functional Analysis

Vacancies Regulation Center: A Legal and Functional Analysis

The Application of Dayak Customary Law In West Kalimantan Towards Fulfilling A Sense of Justice For Victims (Case Study of Indecent Acts)

The position of customary law in the legal system in Indonesia has the same constitutional position as the legal position in general that applies in the life of the state in Indonesia. However, it must be emphasized that there is a difference between customary law and applicable law in general, namely the aspect of its enactment and formation. The applicability of customary law only applies to Indonesians and from the aspect of its form, customary law is generally not written. The method in this research uses empirical legal research. Research approaches using an empirical legal approach include a legal sociology approach, a legal psychology approach and a legal anthropology approach. Techniques for collecting legal materials through identification, inventory of positive legal rules, literature, books, journals, other sources of legal materials. Legal material analysis techniques use legal interpretation (interpretation), grammatical interpretation, systematic interpretation and legal construction methods. The results of the research and discussion show that the application of Kalimantan Dayak customary punishment is carried out by bringing together the two parties who have a conflict, then these parties are seated with traditional heads, tribal chiefs and people who are considered to understand customary law. After being seated together, a discussion was held regarding the customary offense that had occurred, whether a customary offense had indeed occurred or not. If it is known and proven that a customary offense has occurred, then the contents of the victim's demands against the perpetrator will be discussed, hereinafter referred to as customary sanctions.

Legal analysis of civil law settlement in the perspective of criminal legal settlement (Case Study of Military Court Decision I-05 Pontianak Number: 46K/PM.I-05/AD/IX/2021)

Legal analysis of civil law settlement in the perspective of criminal legal settlement (Case Study of Military Court Decision I-05 Pontianak Number: 46K/PM.I-05/AD/IX/2021)

Assessing War Crimes Accountability Through Just War Theory: A Comparative Legal Analysis of the Russia-Ukraine Conflict

Abstract: With the great power games and the continued escalation of the Russia-Ukraine conflict, the international community has paid great attention to the issue of war crimes, prompting the war crimes accountability mechanism to become an important topic in the field of international law. This new type of war crimes accountability mechanism is an intertwining of the theory of just war and the applicability of international law, reflecting the complex global scrutiny of legal responsibility and moral constraints in conflicts under the current complex geopolitical factors. Against this backdrop, the International Criminal Court (ICC), national courts, and relevant institutions are attempting to build an effective accountability network to pursue war crimes through legal means. How to assess the accountability mechanism for war crimes through the just war theory and how the applicability of international law affects the justice of war will become an important factor in promoting universal adherence to international law and upholding the justice of war.

The Discursive Nature of the Prosecution and Defense

Introduction: the adversarial nature and equality of the parties are defined as the main principles of Russian criminal procedure (Part 3 of Article 123 of the Constitution of the Russian Federation, Article 15 of the Code of Criminal Procedure of the Russian Federation). The Constitutional Court of the Russian Federation defines the equality of the parties as the basis for the formation of the necessary guarantee of defense and fair trial of the case and states that the latter is impossible if the court has not assessed on the merits all the arguments and circumstances presented during the trial by its parties on the part of the prosecution and defense and has not provided them with equal procedural rights. The paper deals with the study of certain aspects of the balance of such categories as legal liability, criminal liability, prosecution, and defense. Purpose: to analyze the trends formed in the doctrine related to the resolution of urgent problems in terms of establishing the correlation of such concepts: legal liability, criminal responsibility, criminal procedural responsibility, prosecution, and defense. Methods: the general scientific dialectical method of cognition, a systematic approach, as well as the general scientific (deduction and induction) and specific scientific methods (logical and legal analysis and synthesis). Results: the current issues of the theory and law enforcement practice regarding the nature, types, and structure of prosecution and defense in criminal procedure are investigated. Conclusions: despite the ongoing discussions regarding the nature of the prosecution and defense in court procedure, a significant number of issues remain unresolved and require further detailed scientific analysis. First of all, the study of the defense function, which contributes to the realization of the rights granted to the accused, should certainly contribute to the development of new theoretical approaches and legislative innovations.