Legal Coercion Research Articles

Общественное мнение в системе правового регулирования

In the presented article, the processes of formation of public opinion, which performs regulatory functions in various areas of social interaction, are studied. Attention is drawn to the fact that the current regulations establish the obligation of state bodies to create the necessary conditions for the study of public opinion. The results of these studies are used to identify problematic issues of the functioning of public institutions directly related to the activities of state power structures. In fact, public opinion is the basis of a wide range of democratic processes that determine the most important areas of state and legal development. The need to study public opinion is due to the fact that legal coercion measures are applied on the basis of generally accepted ideas about traditional values that establish additional requirements for a responsible subject.

Some legal aspects of Russian policy towards neighbouring countries

Russia’s policy towards neighbouring countries and nations has always been dictated by imperialist and expansionist goals. To achieve them, Russia used brutal methods, including direct military aggression, incit­ing ethnic conflicts, genocide and ethnic cleansing. There are many examples of this in history in the form of the genocide of the Caucasian nations in the 19th century, the Holodomor against Ukrainian people, Soviet repres­sions, the ethnic cleansing of Georgians in the Abkhazia and Tskhinvali region at the end of the 20th and the beginning of the 21st century, and others. Nevertheless, Russia has not been held accountable for its actions. The war against Ukraine, which started in February 2022, dispelled all illusions of the democratic world towards Russia. Today, the democratic world is united, and the primary basis of this unity is the values, which it must bear responsibility for protecting. For this purpose, all international legal levers and institutions should be used. Russia’s leadership must be brought to justice, and the country must be held financially accountable. The only way for peace between Russia and the world is the democratisation of Russia, which is only possible through international legal coercion, as happened in the case of Nazi Germany. This article is an attempt to present the specific facts of Russia’s aggressive and imperialist policy towards neighbouring countries, especially towards Georgia, the specific legal levers for combating this policy, and future perspectives.

The nature and system of legal coercion in ensuring modern international law

The nature and system of legal coercion in ensuring modern international law

The impact of directors' attributes on IFRS fair value disclosure: an institutional perspective

PurposeThe current study investigates the impact of directors' attributes on the extent of compliance with International Financial Reporting Standards (IFRS) fair value disclosure requirements. The attributes investigated include directors' human capital (accounting qualification) and social capital (political association), directors' share ownership and the power distance between the chief executive officer (CEO) and the rest of the board members.Design/methodology/approachThe study uses disclosure analysis to measure the extent of compliance with the fair value disclosure requirements of IFRS. Ordinary least squares (OLS) regression is used to test the relationship between the disclosure score and directors' attributes. Data were collected from the annual reports and websites of the sample companies.FindingsContrary to conventional belief, this study's findings suggest that directors' social capital and the power distance between the CEO and the rest of the board act as more powerful factors than directors' human capital in explaining corporate mandatory disclosure. Specifically, the results indicate that powerful actors form a dominant coalition and co-opt influential constituents from the institutional domain to neutralize the effect of legal coercion and the accounting expertise of board members and Big Four audit firms on the extent of compliance with institutional (fair value) rules.Research limitations/implicationsThis study utilizes Oliver's (1991) framework of strategic response to institutional processes in the Bangladeshi context. Although the study provides new insights into corporate disclosure practices, findings are not generalizable due to different institutional settings in different countries. Therefore, future studies could replicate the approach in different institutional settings.Practical implicationsThe findings of this study will be of interest to the International Accounting Standards Board (IASB) as it focuses on a developing country that has adopted IFRS 13 and other fair value-related standards relatively recently.Originality/valueThe disclosure analysis contained in this study represents the first comprehensive analysis of the extent of compliance with the fair value disclosure requirements of IFRS. Furthermore, this study considers the impact of directors' social capital and finds that it is a more powerful determinant of the extent of compliance with IFRS as compared to human capital.

Sikap Hakim dalam Menerapkan Pasal 1321 KUHPerdata: Studi Putusan Pengadilan di Indonesia

In legal science, coercion, error and fraud as regulated in Article 1321 of the Civil Code are classic defects of will. Parties who express an agreement without freedom, based on Article 1449 of the Civil Code, are given legal protection in the form of the right to request cancellation of the agreement. The problem is that the defect in the will lies in the process of forming the agreement so that it is impossible to obtain written evidence. In fact, letters are the main evidence in civil proceedings and hence the duty of the judge is to identify and to realize the formal truth. The aim of this research is to determine the judge's attitude in deciding whether there is a defect of will in forming an agreement. This normative legal research uses statutory, conceptual, case, and analytical approaches. Secondary data was obtained through literature study, the analysis was qualitative and concluded inductively. The research results show that there remain judges whose legal considerations are only based on proof that the parties have signed an agreement. There are also judges who look at the relevance of the surrounding legal facts thoroughly and comprehensively so that they can find any defects of will in the construction of the formation of the agreement.

Hükümetler ve Uluslararası Kuruluşlar Yeşil Yıkamaya Destek mi Çıkıyor? Küresel İklim Krizinde Küresel Hareket Etmek

The climate crisis constitutes the first main agenda of the world with two important consequences that have become the 'new normal': extreme weather events that surround the whole world and pandemics. All micro/macro and national/international institutions and organizations have significant duties in preventing and reversing the crisis. However, while these tasks place a heavier burden on individuals and underdeveloped countries with the least share in the crisis, the production sector, which is at the root of the problem and turns the wheels of the linear economy, evades this responsibility. Moreover, companies that are forced to transition to a circular economy within the framework of the 'Green Deal' due to the climate crisis not only evade legal responsibility by resorting to 'greenwashing', but also manage to turn this situation into profit by appearing 'environmentalist' with a counterattack. Hence, the effectiveness of international organizations such as the EU and the UN is becoming more important in preventing the climate crisis. However, considering the half-century-long process of transformation to an environmentally sustainable economy from the 1970s to the present and the progress made, the effectiveness of these most important organizations in preventing the climate crisis in terms of legal coercion and sanctioning power has been questioned; these organizations have even created a feeling in the public that they are distracting the urgent climate agenda by supporting greenwashing under the guidance of multinational companies engaged in green washing.

Treating addiction with deep brain stimulation: Ethical and legal considerations.

The use of neuromodulation in the treatment of psychiatric conditions is controversial despite its lengthy history. This particularly applies to the use of invasive neuromodulation, such as deep brain stimulation (DBS), to treat substance use disorder (SUD) due to the considerable risks of the procedures. However, given the advances in DBS research and the shortcomings of current treatment modalities for addiction, off-label use and clinical trials are being implemented for the management of treatment-refractory patients. Here we conduct an ethical and legal analysis of DBS for SUD, referencing the four foundational principles of medical ethics and key legal concepts. There are major concerns related to the capacity of a SUD patient to provide informed consent, as well as the risks and benefits of DBS compared to traditional treatment methods. In addition to ethical concerns, we explore potential legal issues that may arise from DBS in the treatment of addiction. These include the potential mandate of these procedures in the context of the criminalization of substance use, and the issue of familial consent in the decision-making process. Given the paucity of relevant clinical guidelines or legal cases, general medico-legal principles serve as the reference in making decisions about the responsible use of DBS as a treatment for addiction. Given the rapidly increasing evidence for DBS as a treatment for SUD, it is an urgent imperative to consider the relevant key ethical and legal issues. Incorporating IDEAL (Idea, Development, Exploration, Assessment, Long-term follow-up) framework into future research in DBS is recommended to evaluate patient safety and ethical perspectives. With the broad criminalization of SUD across the globe, legal coercion of DBS is not impossible, especially if proven to be effective to treat SUD. It is advised for stakeholders to urgently consider incorporating DBS-related drug policies so that the potential benefits of DBS within the rights of people with SUD are not hindered by the lack of clinical guidance and legislations.

Concept and features of protection of rights of war veterans

This article describes the concepts and features of protecting the rights of war veterans. It is argued that protection is a part of protection, is its constituent element, but has an autonomous character along with this; secondly, protection can manifest itself in the form of civil-law, administrative-law, criminal-law protection, which have a special content and a system of specific preventive measures, at the same time, protection is characterized by the possibility of applying civil-law, administrative-law, criminal- legal coercion; thirdly, each of the mentioned types of protection and protection is responsible for its own group of public legal institutions, which are designed to carry out activities in the form of protection or protection of certain rights or their combination. The statement that it is more appropriate to use the construction "protection of the rights of war veterans" for the rights of war veterans, which includes active protection if necessary, is argued. It is noted that war veterans are persons who took part in hostilities, anti-terrorist operations and other forms of armed struggle for the defense of the Motherland or in other hostilities on the territory of other states, in accordance with international agreements, medical representatives, volunteers, war invalids, liquidators subversive-terrorist groups, UPA soldiers, peacekeepers, etc., who bear physical and psychological consequences of participating in these actions, and need special support and assistance from the state. The signs of the concept of "war veteran" are distinguished: the participation of a military person in armed conflicts, hostilities and other forms of armed struggle on the side of Ukraine or other friendly countries; confirmed participation of a military person in an armed conflict, hostilities and other forms of armed struggle, which was carried out in accordance with the requirements of the law; the fact of receiving wounds, contusions, injuries or disability as a result of participation in armed conflicts, hostilities and other forms of armed struggle (optional feature); term of service in the armed forces, police, Security Service of Ukraine, State Border Service of Ukraine and other military formations; confirmation of veteran status with relevant documents (military ID card, veteran certificate, certificate of injury or disability, etc.); need special benefits and support from the state; introduction of special registration of war veterans in accordance with legislation.

Enshrining legal coercion as a prerogative of the rule of law

Purpose of the article is to study legal coercion as one of the traditional state management methods from the standpoint of the exclusive prerogative of the state to implement it. Methodology. The research uses a natural-law approach and a number of methods aimed at a systematic and meaningful analysis of the problems of state coercion, the most important of which are generalization, dialectical, historical and integrative methods. Results: it is resoned that the following grounds are necessary for the application of coercion: 1) the legal basis presupposes the presence of legal norms that provide for the possibility of applying coercion to certain subjects in concrete cases; 2) the factual basis presupposes the occurrence of the legal event provided for in the law - the event or act which generated the legal relationship; 3) the formal basis implies the issuing by the state body of the act of application of the law ordering the application of the constraint to a specific subject. The coercion as a physical action is applied by special state bodies on the basis of a court decision or administrative act. In the absence of such acts, coercion cannot be exercised. It is emphasized that the legal coercion applied by the state must involve proportionate measures and sanctions, in such a way that, on the one hand, it creates the necessary inhibiting factors in the conscience of those who would try to break the law and, on the other hand, it strengthens the feeling of security in others, inspiring them with the conviction that the law, the state, protects them and that they should not resort to non-state, unofficial means in order to take the law into their own hands. It is absolutely essential that the application of coercion should not be used to infringe the rights and freedoms of individuals or to cause physical or mental suffering. Only in such a situation will legal coercion contribute to the formation of the ethical attitude of citizens, increasing their psychological readiness to respect the law. Originality. This is one of the first studies devoted to the issue of legal coercion as the context of its use by the state in order to exercise its power in modern political and legal realities, including taking into account the experience of state formation in the Republic of Moldova. Practical significance. The results of the study can contribute to the improvement of law enforcement and human rights protection activities, to increase the level of legal culture at the current stage of social development, primarily in countries freed from communist totalitarianism. Key words: state, law, rule of law, legality, legal act, coercion, legal coercion, normativity.

СУЧАСНІ ПІДХОДИ ДО РОЗУМІННЯ СУТНОСТІ ТА ЗМІСТУ КАТЕГОРІЇ «АДМІНІСТРАТИВНИЙ ПРИМУС»

The article, the nutrition of the current approaches to the understanding of the daily life and the substitution of the category “Administrative Primus” is considered. Emphasis is placed on the fact that among a wide range of methods of state administration, the role played by the administrative primus is significant. The types state and legal coercion are revealed. In particular, administrative and legal coercion, among other types of state and legal coercion, is separated by the subject of legal regulation. It is determined, that administrative coercion should be understood as an imperative activity carried out by authorized subjects of public administration and provides for the application of measures of influence against subjects of administrative law in case they violate the requirements of administrative law. The features of administrative coercion as a separate type of state coercion are singled out, in particular they include: state-authoritative nature of measures of administrative coercion, regulation of administrative law, the presence of special subjects, variety of measures of administrative coercion, expression in the form of mental, moral, physical, material or organizational impact; the specific nature of the grounds for application, the purpose of application is to stop illegal acts, bring the perpetrators to justice, ensure public safety.

The Legal Nature of the Reprimand Announced by the President of the Russian Federation to the Highest Official of a Subject of the Russian Federation

The article is devoted to the study of the legal nature of the reprimand announced by the President of the Russian Federation to the highest official of the subject of the Russian Federation. It is noted that despite the external similarity of the measure of state-legal coercion under consideration with a reprimand as a measure of disciplinary responsibility, regulated by the norms of labor and service law, a reprimand declared to the highest official of a constituent entity of the Russian Federation cannot be attributed to measures of legal responsibility. Based on the criteria used in the legal literature to distinguish between forms of state-legal coercion, signs of a reprimand declared to the highest official of a constituent entity of the Russian Federation are distinguished, which, in the author›s opinion, make it possible to determine its legal nature as a measure of state-legal coercion. These signs are proposed to include the following: 1) it is an officially expressed negative assessment of the implementation by the Head of a constituent entity of the Russian Federation of state power belonging to him, expressed in an order to properly fulfill his official duties by the Head of a constituent entity of the Russian Federation within the prescribed period; 2) the basis for its application is both an offense committed by the Head of a constituent entity of the Russian Federation in the exercise of his powers, and the inefficiency of his activities; 4) its application is not associated with any restrictions on the status of the Head of the subject of the Russian Federation or the imposition of additional duties on him; 5) in case of failure to achieve the purpose of the reprimand, it can be replaced by a more stringent measure of state-legal coercion. It is concluded that, based on the grounds, target orientation and legal consequences of the application of this measure, a reprimand declared to the highest official of a subject of the Russian Federation is a measure of constitutional and legal coercion in the form of a warning.

Invalidity of Election Results: Concept and Features of Constitutional and Legal Nature

The article is devoted to the research of the special constitutional and legal nature of invalidity of results of elections. The approaches expressed in the legal literature to understanding and interpreting the invalidity of the election results as a category of constitutional law are analyzed. The author's determination of invalidity of election results is proposed. The invalidity of the election results as a constitutional and legal category should be understood to mean the irreparable legal defect of the held elections established by the decision of the jurisdictional body (election commission or court) within its competence, which, in connection with violations of the electoral law, does not reveal the actual will of voters and entails legal nullity (lack of legal effect) of their result. The invalidity of the voting results is meant to mean the irreparable legal defects of the voting conducted in a certain part of the territory of the constituency established by the decision of the jurisdictional body (election commission or court) within its competence, which, due to violations of the voting rules, the establishment of voting results and other electoral procedures, does not allow to establish the actual will of voters and entails the legal nullity of the results of such voting. The article justifies the conclusion that the invalidation of the election results is a restorative measure (measure of protection) of constitutional and legal coercion. Among the main shortcomings of modern constitutional and legal regulation of invalidation of election results, the following circumstances are noted in the article: 1) the legislator does not give a legal definition of constitutional and legal terms ≪invalidity of voting results≫ and ≪invalidity of election results≫; 2) the current electoral legislation contains a single list of grounds both for invalidating the results of the vote and for invalidating the results of the election; 3) in the regulation of the grounds for recognizing the voting results and election results as invalid, the texts of the current election laws dominate the assessment signs over the formally defined ones. According to the author, these deficiencies in the current electoral law seriously complicate the work of the courts in resolving electoral disputes about the invalidity of elections.

Administrative and delict policy of the Republic of Belarus: trends, achievements, increasing the efficiency of realization

This article discusses the main trends, achievements and problems of forming and implementing the administrative and delict policy of the Republic of Belarus as a strategy of governing the state to ensure law and order, combating administrative offenses in various spheres of public relations. The modern tasks of the state predetermine the transformation and new trends in the development of administrative and delict policy of the state. The most striking manifestation of these changes is the reform of the law on administrative offences. The main innovations of the law on administrative offences, provided for as a result of its reform, are presented. In order to improve the efficiency of the formation and implementation of administrative and delicate policies, the need for legal forecasting tools for the consequences of new prohibitions and measures of administrative and legal coercion is justified. A system of indicators has been developed to conduct a full cycle of assessment of the regulatory impact of administrative law. The expansion of the subjects and facilities for assessing the regulatory impact of regulations in the application of administrative and legal coercion measures is justified.

О соотношении публичных и частных начал в управлении сферой труда

Introduction. This article gives a general description of management, the sphere of work and the ratio of public and private principles of managerial influence in relation to this area of public relations. Purpose. Substantiate the conclusion that the basis of the management of the sphere of labor is public law influence, and management in the sphere of labor allows private law methods of management due to the specifics of labor as an integral property of a person. Methodology. The achievement of the research goal set in this workpredetermined the use of such research methods as the method of scientific analysis, as well as formal-logical, system-structural, comparative-legal, technical-legal methods. Results. The author states that the management of the sphere of labor can be a mechanism of a wider and more complex impact than the legal regulation of labor relations in the intersectoral meaning of the latter. The foregoing is based on the assertion that management requires and involves the use of not only imperatively pre-established formal legal, but also other, non-formalized means and methods of influencing controlled (dependent) subjects. However, it is also possible that the limits of managerial and regulatory impact on labor are compatible, provided that the concept of a managerial decision and the principle of managerial freedom in making such decisions are used in the construction of a legal mechanism for managing in the sphere of labor, as well as defining labor or its individual aspects and managing it as appropriate. types of legal relations, but including the participation of the state in such relations. The latter is due to the fact that the administration of the essential processes of state and legal development is a condition for its integrity, historical and geopolitical prospects, therefore, even social partnership in the labor sphere at the national level is not only relations directly related to labor, it is also political and legal processes. that can influence power relations. In addition, the refusal of the subjects of labor relations to use the dispositive opportunities provided to them by law for the purposes of law enforcement in the sphere of labor in any case requires an imperatively organized legal regulation (impact) for the purposes of achieving the public good. Conclusion. Managing the sphere of labor is a public law impact on the economy, politics and ideology in the labor market, the tax system, the social organization of labor, the redistribution of the total income of workers between wages and insurance funds, etc. The management of the sphere of labor, therefore, is based on administrative and legal coercion and various kinds of incentives, including those that change the legal status of a person for better or worse.

Когнитивная основа правопорядка

Law as a special social regulation tool in modern conditions acquires a universal character. For its comprehensive study, as well as for its implementation in public life, a special cognitive apparatus is required. Consequently, both in theoretical and practical terms, it is about legal thinking, which is in the focus of doctrine as a special form of mental activity. To solve scientific problems associated with this study, it is advisable to introduce the category of “cognitive basis of law and order” into science. This kind of innovation is necessary in order to disclose a mechanism for ensuring trust in society, without which the entire apparatus of legal coercion is reduced to haphazard violence and, as a result, becomes meaningless. This mechanism includes intellectual and volitional components. The former is the dominant component, as it is represented by the “cognitive apparatus of law”. It is this component which deter­mines the entire “content of law”, while ensuring its consistency, independence and completeness. The inclusion of the volitional component in the cognitive basis of law and order is explained by the fact that it is through this component the intellect is re­alized. Without an act of external expression of will none of intellectual activity in the field of law can achieve its goals. The cognitive basis of the rule of law – in conjunction with its normative and institutional foundations – ensures the func­tioning of law, while defining its existence.

Measures of international legal coercion. History and reality

Measures of international legal coercion. History and reality

Actual problems of differentiation of legal responsibility and other forms of legal coercion in the field of administrative law

Actual problems of differentiation of legal responsibility and other forms of legal coercion in the field of administrative law

IS MANDATORY SUSTAINABILITY REPORT STILL BENEFICIAL?

The latest regulations in Indonesia (SEOJK No 16/SEOJK.04/2021) have required public companies to make a sustainability report every year in order to increase sustainable in­vestment. Prior to this regulation, several public companies had made sustainability reports and received benefits of sustainability report. This makes issuers ask whether after being obligated, public companies still get the benefits that have been obtained from voluntary sustainability reports and under what conditions the mandatory sustainability reports are beneficial for public companies. This study answers the public companies' doubts by con­ducting a systematic literature review on research on mandatory and voluntary sustainability reports in Q1 and Q2 journals from 2008-2018. Before answering the issuers' doubts, this study explains the reasons why issuers make voluntary sustainability reports and the benefits derived from voluntary sustainability reports. After that, based on previous research, this study explains whether the benefits obtained from voluntary sustainability reports can still be obtained in mandatory sustainability reports. This study found that sus­tainability reports were made because of the desire to benefit from these reports initiated by company leaders coupled with institutional pressure. The benefits of voluntary sustainability reports are the positive perception of shareholders and increased concern for the company's sustainability. Mandatory sustainability reports can still provide some (though not all) of the same benefits as voluntary sustainability reports. In addition, the sustainability report must be able to cover the weaknesses of the voluntary sustainability report with the condi­tion that there is strict legal coercion, strict supervision, and the addition of an obligation to audit sustainability information which is strengthened by market demands to make a sus­tainability report. Therefore, the Indonesian government must pay attention to these condi­tions for this regulation to be implemented properly.

Memory Laws as a Misuse of Legislation

Memory laws are often accused of enforcing an inaccurate, manipulative or populist view of history. Some are also said to violate fundamental rights, in particular the right to free speech. These accusations are not entirely unjustified. Yet, a discussion of memory legislation that concentrates on these faults might be missing its mark. The main problem with memory legislation is not necessarily with the merits of any particular law. Rather, the determination of historical facts is not the kind of matter that should be entrusted to the legislator in the first place. The role of legislation is to make social cooperation possible despite substantial disagreement, but only when such social cooperation is indeed required. Disputes about historical facts, I argue, are not a coordination problem that requires a legislative solution. Still less can they justify legal coercion.

Administrative and legal coercion: theoretical issues

The article discusses the problems of disclosing the content of administrative and legal coercion, analyzes various classifications. It is noted that the existing opinion that one of the first authors of the three-term classification of administrative and legal coercion is M. I. Eropkin, is not entirely correct, since other classifications were proposed much earlier. In the article they are analyzed and on this basis the signs of administrative and legal coercion are formulated. This is their state-imperious nature, coercion is applied exclusively on a legal basis. This is a sectoral method of influence, which consists in the application by the competent state authorities and their officials of temporary measures established by law and restrictions on the rights and freedoms of a citizen.Comparing the content of administrative responsibility and administrativelegal coercion, it was concluded that it is broader than coercion, coercion is only part of the responsibility. Administrative-legal coercion is always the forcible submission of the will of the controlled subject to the will of the manager, and this subject can take responsibility without violence, voluntarily. This conclusion is based on specific examples.