Legal Basis Research Articles

Analysis of the order of marriage in Russia (based on the materials of the Pilot book)

The relevance of the research is determined by the fact that, based on the analysis of the Pilot Book, knowledge about the genesis of ancient Russian family law is expanding, allowing to reveal the historical roots of modern legislation in this area and to identify the influence of cultural, religious and social factors on the formation of norms and principles of family law. The scientific discussion on this issue contributes to a deep understanding of the history of the Russian state and law, the actualization of issues of marriage and family relations in the context of modern challenges and changes in society.The purpose of the study is to reveal the features, conditions and procedure of marriage in Russia.The objectives are to identify the factors influencing the order of marriage, identify obstacles to marriage, and establish the religious and legal basis of marital and family relations.Methodology. The methodological basis is determined by the historical and legal nature of the research, based on the principles of historicism, a systematic approach and objectivity in understanding the legacy of the Pilot Book.Results. In the course of the study, the foundations of family legislation were determined, among them are: the chaste nature of premarital relations, which does not violate the foundations of family values and life in marriage; the definition of marriage as a union of a man and a woman, with the aim of legitimate childbearing and avoiding a sinful life; the consent of both spouses to marry, the absence of obstacles to marriage (kinship, nepotism, etc.); the obligatory wedding of the spouses and the blessing of the priest of the couple; the responsibility of the husband for the wife.Conclusion. In the conditions of modern Russia, the appeal to the historical and legal heritage of the past is dictated by the need to strengthen the authority and support the institution of the family and basic family values. The analysis of the norms of the Steering Book (Nomocanon), which laid the foundations of family legislation, helps to understand the values and principles that have been formed in society over the centuries and influence modern legislation.

Critical points for the processing of personal data by the government: An empirical study in Brazil

The General Law for the Protection of Personal Data (LGPD), issued in Brazil in August 2018, establishes as one of the legal bases for the processing of personal data the execution of public policies by the State. A systematic review of the literature identified the existence of six critical points that represent challenges for public managers in the elaboration and implementation of policies that require the processing of personal data. The objective of this research is to establish the levels of criticality of the factors identified by the literature review, as well as to verify the existence of other critical points on which the literature has not yet advanced. To this end, a group of 11 specialists was selected to participate in the research that used the Delphi Method, a technique that consists of applying a set of questionnaires sequentially and individually, in order to establish a dialog between the participants and build a collective response. The results indicate a coherence between what was verified in the theory and the perception of the specialists. Another 10 critical points for the processing of personal data by the government were mentioned by the participants. In general, the main elements of tension identified addressed the lack of training of public officials and the sharing of personal data.

Policies and laws on human resource development in agricultural sector in Vietnam now

In the trend of the 4th Industrial Revolution and the trend of digital transformation, along with the orientation of building ecologically sustainable agriculture, modern countrysides, civilized knowledge farmers, meeting the requirements of international economic integration. More than ever, countries’ agriculture requires human resources from managers to researchers and those directly getting involved in agricultural production that meet the standards of professional qualifications, capacity and quality of work performance. In Vietnam, in terms of resources in the agricultural sector, there is a surplus of manual and simple labor but a shortage of high-skilled workers and lack of good managers and organizers. In terms of policies and laws in the field of agriculture, it is relatively complete when there are 15 laws passed in 4 production sectors: fisheries, forestry, horticulture and animal husbandry. This is an important legal basis to mobilize resources, including agricultural human resources in order to develop the country. However, the legal system on human resource development in the field of agriculture in general and on training, education, compensation and support in particular is still lacking and scattered. Thus, the article focuses on analyzing the current status of regulations and practices of implementing regulations on human resource development in the agricultural sector, thereby proposing corresponding policies and laws in Vietnam in the next time.

Fiscal rules and economic cycles: Quality (always) Matters

This paper investigates the role of fiscal rules in managing public debt, particularly focusing on their efficacy during different phases of economic cycles. Analyzing Balance, Expenditure, and Debt Fiscal Rules, the study finds that their impact on debt reduction is significantly influenced by the quality of the fiscal framework and the economic cycle phase. Moreover, factors like legal basis, procedural framework, and political stability are identified as key to ensuring compliance with fiscal objectives. Our results suggest that fiscal rules are most effective in reducing debt during positive economic cycles, with the design and institutional support playing a crucial role. This has important policy implications, particularly in the context of the debt increase after the Covid-19 pandemic.

Kedudukan Kurikulum Pendidikan Agama Islam di Sekolah dan Madrasah

<p><em>This study explains that in the national education curriculum, the fiqh curriculum is one of the derivatives of the national education goals. The fiqh curriculum becomes a branch of religious science whose supporters achieve national education goals, specifically in the character-building of students. The method used is a qualitative approach through library research so that in analyzing data with literature analysis. In facing an era like this, the teachings of norms are needed for students. So that the learning of fiqh acts as a guide for students in distinguishing a problem, good or bad in terms of religion and socially. Learning of fiqh in schools and madrasahs itself is based on government regulation (PP) number 55 of 2007. The regulation contains religious and religious education which is a derivative of the national education goals. Therefore, this research aims to describe the position of the Islamic Religious Education Curriculum (PAI) in learning Fiqh in the context of the National Curriculum. The legal basis of the Islamic Religious Education (PAI) curriculum in fiqh learning, as well as the learning function of fiqh in schools and madrasas The current and last context is the benefit of fiqh learning for students in responding to social life.</em></p>

The Concept of an Administrative Act in the CIS countries: Comparative Legal Analysis

The article is devoted to the concept of an administrative act, which is developing in the friendly legal systems of the CIS countries, considered in three aspects: doctrine, legislation and judicial practice. It is stated that the Russian theory of administrative act, on the one hand, is a creative development of the French and German doctrine, and on the other hand, it continues to have a certain influence on the post-Soviet space. On the contrary, in terms of legislation on administrative acts, Russian reality is lagging behind, since the rest of the CIS countries have already adopted westernized laws that, along with the rules on administrative procedures, also establish the material legal basis for the institution of administrative acts. Finally, it is substantiated that in terms of judicial practice on issues of control over the legality of administrative acts, the Russian legal system, despite a certain lag in the regulatory framework, is among the progressive among other CIS countries. The conclusion about the advisability of integrating the achievements of the CIS legal systems for the purposes of their further development is substantiated.

Study on the Path of Generative Artificial Intelligence Copyright Protection under the Strategy of Intellectual Property Power

Generative AI copyright protection is in response to the inherent requirements of AI development and intellectual property protection. At present, generative AI copyright protection faces problems such as insufficient legal basis for prevention and control mechanisms, unsmooth preventive systems, and poor operation mechanisms. Therefore, to solve the dilemma of generative AI copyright protection, it is necessary to take the principle of risk prevention as the concept, clarify the legal basis for generative AI copyright prevention, reasonably define the scope of generative AI, establish a multi-principal protection system to protect generative AI copyright, introduce diversified ways to help generative AI copyright maintenance, and set up a composite responsibility system to solidify the generative AI copyright protection bottom line, and establish an administrative protection system to protect the copyright protection bottom line. The bottom line of copyright protection is an administrative protection path to help generative artificial intelligence copyright protection efforts to promote the healthy development of the two in the integration.

China's Legal Governance Approaches toward Safeguarding Its Maritime Rights and Interests

Ocean development is crucial for modern states, and the importance of safeguarding and developing ocean rights and interests is becoming increasingly apparent. Economic development relies on the ocean, as does national sovereignty, security, and interests. In addition, national political and military development also depends on the ocean. China has long been committed to safeguarding its own ocean rights and interests, while also actively promoting the development of the international legal order for the ocean. In terms of international legislation, the United Nations Convention on the Law of the Sea provides a legal basis for safeguarding ocean rights and interests and plays a regulatory role in the maintenance of maritime rights and interests for all states. In terms of domestic legislation, many ocean laws in China play an important role in safeguarding China's maritime security and ocean rights and interests. As an important part of the legal system for safeguarding ocean rights and interests, maritime law enforcement has practical significance in the application of national jurisdiction at sea. China's maritime law enforcement, centered on safeguarding ocean rights and interests, is carried out by the reorganized China Coast Guard, guided by domestic and international legal norms, and strictly combats illegal and criminal activities at sea through international cooperation to protect the sustainable development of marine resources and environment and to safeguard international maritime public security and order while guaranteeing ocean rights and interests. In terms of judicial practice, China has already used legal means to effectively safeguard ocean rights and interests in the areas of marine environmental protection, maritime rights protection, fisheries law enforcement, and maritime traffic safety.

Artificial Intelligence Applications in Administrative Law "An analytical study"

This study aims at determining the role of artificial intelligence systems in the development and improving of the administrative legal base, and to identify the theoretical framework in the field of using the artificial intelligence in the administrative life and its impacts. Moreover, the study provides recommendations to the competent authorities in the field of artificial intelligence for its uses in administrative work in a manner that guarantees the various dimensions of the administrative development, Especially the technological dimension. Among the outcomes reached through this study is that the artificial intelligence is a modern technology that has been able to enter all fields, especially utility and service ones, and it is indispensable to exploit such intelligence in describing service quality when needs are satisfied. Finally, one of the most important recommendations of the study is to find a legal regulation for the artificial intelligence, in addition to strengthening the technological infrastructure to accommodate the intervention of this technology in the field of the administrative law; as flexibility and scalability are of its most important characteristics.

Artificial Intelligence Applications in Administrative Law "An analytical study"

This study aims at determining the role of artificial intelligence systems in the development and improving of the administrative legal base, and to identify the theoretical framework in the field of using the artificial intelligence in the administrative life and its impacts. Moreover, the study provides recommendations to the competent authorities in the field of artificial intelligence for its uses in administrative work in a manner that guarantees the various dimensions of the administrative development, Especially the technological dimension. Among the outcomes reached through this study is that the artificial intelligence is a modern technology that has been able to enter all fields, especially utility and service ones, and it is indispensable to exploit such intelligence in describing service quality when needs are satisfied. Finally, one of the most important recommendations of the study is to find a legal regulation for the artificial intelligence, in addition to strengthening the technological infrastructure to accommodate the intervention of this technology in the field of the administrative law; as flexibility and scalability are of its most important characteristics.

Applicability and legal consequences of the criminal conciliation procedure

This paper provides insight into the use and impact of criminal reconciliation as an alternative form of criminal procedure in the modern justice system. By allowing the parties to reach an agreement through negotiation under the supervision of the judiciary, criminal conciliation aims to achieve a speedy resolution of criminal cases, reduce the burden on the courts and repair as much damage as possible to the victims. The article first describes the legal basis of criminal reconciliation and its development in different countries, demonstrating the diversity of this procedure and its adaptability across the globe. Subsequently, the article analyses in detail the conditions and procedures applicable to criminal reconciliation, highlighting the various factors that need to be taken into account in its practical operation, including the nature of the case, the will of the parties, and the possible legal consequences. Through case analyses, it reveals the advantages of criminal reconciliation in dealing with certain types of cases, such as the ability to resolve disputes quickly and reduce litigation costs and time. In addition, the article also discusses the limitations and potential risks of criminal settlements, such as the possibility of compromising the fulfilment of justice and the lack of necessary transparency and oversight in some cases. Finally, the article proposes a series of improvements to the criminal settlement process, including strengthening the oversight mechanisms of the process, ensuring the fairness of settlement agreements, and expanding public awareness and understanding of the process. Through comprehensive analyses and discussions, this article aims to provide legal professionals, scholars, and policymakers with a perspective for an in-depth understanding of criminal reconciliation, and to help them assess and improve existing judicial practices so that criminal reconciliation can not only enhance judicial efficiency, but also operate on the basis of ensuring fairness.

Applicability and legal consequences of the criminal conciliation procedure

This paper provides insight into the use and impact of criminal reconciliation as an alternative form of criminal procedure in the modern justice system. By allowing the parties to reach an agreement through negotiation under the supervision of the judiciary, criminal conciliation aims to achieve a speedy resolution of criminal cases, reduce the burden on the courts and repair as much damage as possible to the victims. The article first describes the legal basis of criminal reconciliation and its development in different countries, demonstrating the diversity of this procedure and its adaptability across the globe. Subsequently, the article analyses in detail the conditions and procedures applicable to criminal reconciliation, highlighting the various factors that need to be taken into account in its practical operation, including the nature of the case, the will of the parties, and the possible legal consequences. Through case analyses, it reveals the advantages of criminal reconciliation in dealing with certain types of cases, such as the ability to resolve disputes quickly and reduce litigation costs and time. In addition, the article also discusses the limitations and potential risks of criminal settlements, such as the possibility of compromising the fulfilment of justice and the lack of necessary transparency and oversight in some cases. Finally, the article proposes a series of improvements to the criminal settlement process, including strengthening the oversight mechanisms of the process, ensuring the fairness of settlement agreements, and expanding public awareness and understanding of the process. Through comprehensive analyses and discussions, this article aims to provide legal professionals, scholars, and policymakers with a perspective for an in-depth understanding of criminal reconciliation, and to help them assess and improve existing judicial practices so that criminal reconciliation can not only enhance judicial efficiency, but also operate on the basis of ensuring fairness.

The role of nurses in implementation of public policy on adolescent health in Colombia, Ecuador, and Peru

BackgroundIn Latin America, interventions aimed at adolescents’ health suffer from a shortfall of investment and lack of sustainability. Nurses, as an integral part of health services and systems, can lead the implementation and development of public health policies to improve adolescent health.ObjectiveTo identify and analyze the role of nurses in the development and implementation of public policies and in the provision of health care to adolescents in Colombia, Ecuador, and Peru.MethodsThe research was carried out in three phases: a documentary analysis, an online survey, and semi-structured focus groups. A total of 48 documents were analyzed, 288 nurses participated in the survey, and 29 nurses participated in the focus groups.ResultsState policies aim to guarantee rights, with special protection for children and adolescents. It is an incremental process, with greater involvement of civil society and governments. Participants reported a lack of synergy between law and practice, as well as differences in regulatory compliance in rural areas and in populations of different ethnicities and cultures. Their perception was that the protection of adolescents is not specifically enshrined in the legal bases and regulatory structures of the countries, meaning that there are both protective factors and tensions in the regulatory framework. While nurses are highly committed to different actions aimed at adolescents, their participation in policy development and implementation is low, with barriers related to a lack of specialized training and working conditions.ConclusionsGiven nurses’ involvement in different actions aimed at adolescents, they could play a fundamental role in the development of policies for adolescents and ensure their effective implementation. Policymakers should consider revising the budget to make compliance viable, incorporating and using monitoring indicators, and increasing the involvement of educational institutions and the community.

The need to improve registration practices in the context of space traffic management

This paper examines the legal basis and framework for the United Nations registration process for space objects. UN registration processes are compared against and contrasted with national and regional registration processes to highlight potential adjustments in light of the need for a space traffic management system. While there are shortfalls in compliance and monitoring of States’ responsibility to adhere to UN registration requirements, the growing importance of space traffic management is providing a catalyst for reform and recommitment to the ideals upon which the 1975 UN Registration Convention was based. Since the data provided to national registries and the UN register is not detailed enough and is not sufficient for creating a space traffic management regime, it is recommended that (1) the recommendations concerning the registration of space objects belonging to a large constellation that were agreed by the UNCOPUOS Working Group on the Status and Application of the Five United Nations Treaties on Outer Space in 2023 are implemented to ensure uniformity of registration practice regarding large constellations; (2) States incentivize good registration practices by other States, for instance by requiring that satellites of commercial actors are registered by the relevant launching State as a condition for market access; (3) the importance of furnishing additional information on the subsequent activity and status of objects, as required by the Registration Convention, UN General Assembly resolutions 1721 (XVI) B and 62/101 and Guideline A.5 para 2 of the UNCOPUOS Guidelines on the Long-Term Sustainability of Space Activities, be underlined.

Model Pengembangan Kurikulum Riset Konstruktif-Integratif dalam Meningkatkan Prestasi Akademik di MAN 2 Tulungagung

This research highlights significant differences between research approaches at State Islamic Senior High School (MAN) and University curricula. The research curriculum development, adjustment, and modification at the madrasah level are the main attractions for researchers who want to continue their research and in-depth study of the research curriculum at MAN 2 Tulungagung. This research seeks to explore the curriculum development model at MAN 2 Tulungagung to explain the research curriculum development at MAN 2 Tulungagung by borrowing Tyler's curriculum development theory. This research was explored using in-depth interviews, documentation and participant observation. The approach used in this study is qualitative. The data obtained was analyzed using the stages of data collection, presentation, condensation, and conclusion. This research concludes the research curriculum development model at MAN 2 Tulungagung using a constructivist-integrative model with the steps: (1) Using a clear legal basis, (2) Integrating the independent curriculum and research curriculum, (3) Carrying out a preliminary study, (4) ) Designing intracurricular, extracurricular and incidental development activities, (5) Developing research curriculum components, (6) Organizing the curriculum, (7) Collaborating with other agencies, and (8) Evaluating research programs which are carried out sequentially and continuously.

Legal Basis and Procedures Unification on Oil Spill Damage Compensation In International Convention on Civil Liability for Oil Pollution Damage (1992) and The International Convention on Civil Liability for Bunker Oil Pollution Damage (2001): on Indonesian International Private Law Perspective

Legal Basis and Procedures Unification on Oil Spill Damage Compensation In International Convention on Civil Liability for Oil Pollution Damage (1992) and The International Convention on Civil Liability for Bunker Oil Pollution Damage (2001): on Indonesian International Private Law Perspective

From the Concept of Storing Documents in Electronic Form to the Regulatory and Legal Basis of Creating National Archival and Library Information Resources

The aim of the article is to study conceptual principles of storing documents in electronic form, in particular, electronic documents, digital documents and creating metadata for them, taking into account integration processes of grounding national information resources in archival and library spheres of activity. Additionally, to trace tendencies in the implementation of existing concepts, to identify the best Ukrainian practices, to highlight defects, and offer possible ways to solve problems. Research methods. This study uses the following methods: theoretical, as moving from the abstract to the concrete, reality reflection in thinking; empirical, as observation and comparison; complex, as system analysis, synthesis and modulation; special, as graphic and component analysis; prognostication. Scientific novelty consists in implementating a systematic interdisciplinary comparative analysis of the problem of storing documents in electronic form in archives and libraries, in order to determine the directions for solving this problem, using the definition of common requirements for similar information objects and processes, particularly, in the context of the initiative to create the National Electronic Library of Ukraine, in which it is offered to integrate information on objects of national heritage stored in archives, libraries, museums, as well as thereafter data from publishers. Main conclusions. Based on the results of this research, it should be stated that Ukrainian archivists achieved the greatest success in developing the overall system from creation the documents in electronic form to their transmission for permanent storage. An important issue is the development of the “long-term storage” system, the formation of which, in our opinion, should begin with the requirements for the information objects with which this system will be filled. This will significantly affect the structure and content of the metadata needed to manage this system. The successful experience of Ukrainian archivists and librarians should be used here. The most urgent task is to put the finishing touches to the Concept of creating the National Electronic Library of Ukraine according to the best domestic and foreign practices.

Multiplier Effect Ekosistem Ekonomi Dam Haji: Urgen dan Esensi Prospektif Policy

The activities related to Dam Haji not only impact the rights of protection for pilgrims in fulfilling the requirements, obligations, and pillars of the pilgrimage. There is a multiplier effect from these activities that occurs annually. This impact is closely related to the reduction of extreme poverty and stunting, and the realization of economic entities in the second and third sectors, directed by policies concerning the Hajj economic ecosystem. To date, there is no definitive rule of law that governs the payment, implementation, and distribution of Dam Haji. Detailed data on these Dam Haji activities are also not available. Meanwhile, support from Hajj stakeholders, Islamic community organizations, and the results of Hajj discussions recommend that the state should ensure the proper management of Dam Haji for social and economic benefits to both countries. This management represents state intervention, specifically through the Ministry of Religious Affairs, which should use its discretionary power as a regulator to issue regulations as the legal basis that must be followed by all stakeholders and the public.

PURSUING CLAIMS FOR PRENATAL DAMAGE CAUSED BY POOR AIR QUALITY. PART 1: AN OUTLINE OF THE PROBLEM FROM THE PERSPECTIVE OF POLISH LAW

The present article combines original and review research. It is an attempt to answer the question about whether there is a personal interest in the form of the right to a clean environment or the right to clean air. It also enquires whether, in the current legal situation, it would be possible to pursue compensation claims for an injury suffered at the prenatal stage caused by poor air quality. Moreover, the paper attempts to identify the right to the environment as a public subjective right and provides a discussion of the resolution of the Supreme Court of 28 May 2021 (III CZP 27/20). The study presents an original approach to the issue discussed. Its analysis is relevant due, in particular, to the still-growing problems of air pollution and smog and their impact on the development of a nasciturus, implying the question of the possibility of pursuing claims in this respect. The present article is an introduction to the topic (the first part of the discussion) and also analyses the legal bases of liability for damage suffered as a result of poor air quality. Moreover, it supplements the author’s doctoral thesis entitled Odpowiedzialność cywilnoprawna za szkody doznane przed urodzeniem (‘Civil Law Liability for Damage Suffered Before Birth’).

An Exploratory Study on the Application and Impact of Artificial Intelligence Technology in China’s Film and Television Industry: Centered on the Innovation and Development Strategy of AI in Film Production

Purpose - This paper discusses the historical traceability of artificial intelligence technology and its development lineage in the film and television industry. It analyzes the close connection between AI technology and the film and television industry. The text summarizes the challenges and impacts of AI technology on the film and television industry, along with suggestions for future development. Design/Methodology/Approach - In order to explore the impact of artificial intelligence on the film and television culture industry, this paper analyzes the impact of artificial intelligence on the film and television culture industry from the perspective of macro-industry and the perspective of application technology, starting from the overall technological impetus of artificial intelligence to the film and television culture industry and the application of artificial intelligence in film and television image processing. The case was analyzed in detail. Based on a summary of previous research, this study identifies key issues and proposes solutions. Findings - Through the research of this paper, the problems of artificial intelligence in film and television creation are summarized, and the potential problems are easily generated technical dependence, legal risks in creation, and reduced professional value of practitioners, etc. Countermeasure suggestions are put forward to break the technical dependence, provide a legal basis for the creation of artificial intelligence, and adjust the use of the positioning to realize the synergy between man and machine. Research Implications - This paper aims to enhance the application of AI in the film and television culture industry, thereby increasing the industry vitality of the film and television sector.