Legal Competence Research Articles

La gestión fiscal como presupuesto sustantivo y procesal de la responsabilidad fiscal

The concept of fiscal management is a presupposition of fiscal responsibility, and only to the extent that there is a conjunction between the conduct deployed by the agent (public or private) based on a constitutional, legal (in a material sense), statutory, regulatory or contractual competence or authorization, as the case may be, to administer or manage public assets, and the element of damage, the competence of the Fiscal Control Body to legitimately and validly promote the fiscal action through the correlative process will arise. Therefore, correctly identifying its content and legal structure is a task of capital importance that concerns, on the one hand, the legitimacy and institutional validity of the actions of the Comptroller’s Office and, on the other hand, the principle of legal certainty, in the sense that this guarantee of certainty and objective foreseeability is projected on the conduct of individuals (as eventual passive subjects of the fiscal action), in terms of equality, good faith, legitimate trust and, of course, under the iusfundamental plexus of due process (principles of legality and natural judge, among others). In this sense, an analysis of the fiscal management will be presented, which will allow us to unravel its configuration as a principle and rule of positive law, and as a transversal concept in fiscal responsibility, and the process itself, as well as its projection in the field of individuals, all by way of an interpretative statement, and in a context of legal reality.

The maturity indicators of legalcompetence of the ship’scommand staff specialist at the higher maritime educational institution

The article depicts the indicators of reaching the maturity of legal competence during the training of military students at the maritime higher educational institution. The criteria of maturity of professional legal competence are defined for the would-be ship’s command staff specialists.

Legal personhood and care for elderly parents in Indonesia

In one of her last articles, K. von Benda-Beckmann explores the notion of embeddedness of persons in their social world and how this relates to their duty of care (2021). She found that there may be different degrees of embeddedness; that some people are not only bounded to their social relations and environment, but also that their selves extended to include their social world. She suggested a differentiated analysis that could account for these differences and expects this to benefit in understanding care relations and, on a practical front, to offer unexpected strategies in dealing with injuries. This paper continues this framework by looking into legal pluralism and the relinquishing of legal personhood of elderly parents across different levels of social organizations, from the decision-making within families and into the courtrooms. What are the reasons for- and how are individuals being declared as no longer having agency or legal personhood (legal competency)? How does this relate to extending proper care to family members and (or in opposition to) others? And in more abstract terms, how is law translated from cognitive conception to become institutionalized or systematized? Through an analysis of court decisions and interviews, this paper demonstrates the relationship between social security and dependency. It studies the complex ways in which individual and collective human agency relates to social security structures and institutions.

Improving contraceptive care for minors in Israel: practice, policy, and training gaps among OBGYNs

BackgroundSexually active adolescents sometimes seek contraceptives without parental consent, posing challenges due to minors' confidentiality and consent regulations. This is especially the case under the un-nuanced Israeli legal scheme regarding adolescents' care.MethodsIsraeli OBGYNs were contacted through mailing lists and social media groups and asked to fill an online questionnaire regarding their experience and protocols concerning prescription of contraceptives to minors. They were also asked about their comprehension of the relevant legal obligations, the importance they ascribe to different ethical interests and considerations, as well as their training.ResultsOf the 177 responding gynecologists, 132 (74.58%) consulted minors about contraceptives during the past year, regardless of a vast lack of training on providing care to minors. More than a third of respondents believed that there is no legal requirement to involve parents in the process, and only 8% assumed a legal obligation for parental involvement in all minors under the age of 18. Three quarters would "almost always" prescribe contraceptives without parental knowledge, if requested, while 20% never would. No correlation was found between respondents' practices and their perception of the relevant legal obligations. Participants agreed that the risk to the health of the minor as a result of having sex without contraceptives is of utmost importance. Yet, those willing to prescribe gave greater weight to this consideration, while those who do not prescribe were more concerned with the legal ramifications of such an act. The majority identified the age of 15 as the threshold for consistently prescribing contraceptives to minors without parental involvement.ConclusionThis study highlights the significant gaps in both the legal framework and the training of Israeli OBGYNs, and further supports confidential prescription of contraceptives to minors 15 years and older, via Article 6 of the Israeli Legal Competence and Guardianship Law. Legislative reform, professional guidelines and education and training programs are all needed to ensure consistent and legally sound practices, that safeguard the health and rights of minors. It is imperative to guide healthcare providers, including OBGYNs prescribing contraceptives to minors, on managing the care of minors refusing parental involvement, clarifying the legal framework and ethical considerations involved.

PSYCHOLOGICAL ANALYSIS OF PEDAGOGICAL SITUATIONS OF DIFFICULT INTERACTION

Background. The relevance is due to the role of the educational environment in the formation of a culture of relationships and the need to reduce negative excesses in society. This can be ensured, among other things, during the prevention and constructive resolution of pedagogical situations of difficult interaction in the teacher-student system. Within the framework of the work, a theoretical analysis of studies of pedagogical situations of difficult interaction implemented in pedagogical communication is carried out. An empirical study was conducted aimed at identifying their manifestations and causes in the educational process of the school. Purpose. Identification of the specifics and causes of pedagogical situations of difficult interaction of subjects of the educational process in the teacher-student system. Materials and methods. The research methods included: a theoretical analysis of the results of research on the problem of difficult interaction; a written survey of 40 students – future teachers and teachers-psychologists to identify the causes and manifestations of pedagogical situations of difficult interaction in the teacher-student system. Results. The situation of difficult interaction is presented as a pre-conflict situation when the subject experiences a real (or imaginary) threat to meet his needs and expectations, has difficulty making an optimal decision about his actions, or makes a decision that turns the pre-conflict situation into a destructive conflict with negative consequences for himself and other participants in the interaction. As the survey showed, the initiators of such situations at school are both students and teachers themselves. It is necessary to increase the psychological and legal competence of the subjects of the educational process in the direction of creating conditions for the harmonization of relations and productive interaction. The presented results of theoretical and empirical research can serve as a basis for the development of a comprehensive program for the prevention and constructive resolution of pedagogical situations of difficult interaction implemented in the teacher-student system.

THE LEGAL CONCERNS OF THE SETTLEMENT DISPUTES BY THE COUNCIL ON THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

Background: The International Civil Aviation Organization (ICAO) is a “Club” of sovereign States. ICAO is a specialised United Nations agency (UN) with 193 Member States. If a dispute between these States and the diplomatic channels does not find a mutual solution, disagreement arises; however, the ICAO Council has an essential function in settling disputes. This settlement procedure is structured under the Chicago Convention (1944), the Rules for the Settlement of Differences (1957) and the Rules of Procedure for the Council (1969). However, Member States do not welcome these provisions, demonstrated by the scarcity of dispute settlement procedures before the ICAO Council in the last 80 years. This article introduces these legal disputes and looks for justifications based on the nature of the cases. The Council is a unique permanent body within ICAO. Although ICAO in the former century became rather a political (diplomatic) body upon its foundation, that is why the absence of successfully concluded dispute resolutions is a legal viewpoint that is more than interesting. This research paper reveals examples of the lack of effectiveness of the ICAO Council’s dispute settlement, focusing on the nature of the State’s interests and the outcomes of the procedure, furthermore, the role in these disputes in front of the International Court of Justice (ICJ) or arbitration. Methods: This article focuses on understanding and analysing the historical context, international cooperation and diplomacy, and the regulatory landscape of dispute resolutions and settlements. The search was based on databases, academic journals, and official publications from aviation authorities and organisations such as ICAO. The research utilised qualitative and quantitative methods based on empirical observations and examinations (document analysis and case studies). Results and conclusions: The ICAO Council has rule-making, judicial and administrative functions. It is a quasi-judicial body, and its President has the authority to settle disputes among the contracting States. However, if we look at the history, in the last 80 years, only 10 cases were handled by the ICAO Council. The main reason for the lack of ICAO Council dispute settlement decisions is the growing diplomatic (political) function of the ICAO Council. Aviation is a crucial commercial activity for every State, meaning the aviation industry is determined by political interests and decisions. Such political interests and subtle international relations often prevent States from submitting themselves to binding legal procedures. Another reason for fewer disputes before the ICAO Council is the need for more provisions and rules to support transparent and legally binding decisions. The current rules are neither appropriate nor comprehensive enough and cannot be executed in the same manner as court decisions. In addition, the ICAO Council’s decision can be appealed to non-ICAO bodies such as the International Court of Justice. Therefore, it is highly recommended that the whole processual mechanism be revised or that a new, dedicated judicial body with clear legal status, jurisdiction, and competence for dispute resolutions be created.

The regularisation industry: a qualitative analysis of the legal-administrative intermediation field

The bureaucratic management of the legal and administrative statuses of mi-grants is a pervasive yet scarcely researched aspect of the migratory experi-ence. This article describes the field of intermediation services for migrants, with a particular focus on legal and bureaucratic support. Using the 2020 regu-larization of irregular migrant workers in Italy as a case study, it shows that actors related to this emerging segment of the ‘migration industry' are not only concerned with facilitating migrants' physical border crossings but also that intermediation services increasingly involve the crossing of internal borders, particularly between different (il)legal migration statuses. The article describes the field of legal-administrative status-intermediation, highlighting the different actors involved, who differ widely in their legal competency and the degree to which they marketize their services. The article argues that the com-bination of legal uncertainty and the specific features of the institutional and regulatory framework concerning intermediation services in Italy creates space for the emergence and expansion of for-profit actors. These actors oper-ate on a sliding scale between legal and illegal, formal and informal service-provision, ranging from commercial intermediation to illicit practices and fraud. Additionally, the article shows increasing forms of competition and ten-sion between non-profit and for-profit actors in the field. The analysis is based on 45 interviews with different actors of civil society, employers and migrants involved in the amnesty. The article looks at the migration industry as a field of intermediation in a context marked by the pandemic and on the forms of embeddedness of irregular migrants in local society.

TRAINING FUTURE COMPUTER SCIENCE TEACHERS TO USE ARTIFICIALINTELLIGENCE TECHNOLOGIES IN THE EDUCATIONAL PROCESS

The article discusses the training of future computer science teachers to use artificial intelligence (AI) technologies in education. The authors highlight the relevance of this issue in light of the rapid spread of AI technologies in various spheres of life and the need to develop students’ digital competencies related to the use of artificial intelligence. The study aims to identify the essential competencies that future computer science teachers need to effectively use AI in education. It also analyzes the existing problems and challenges in this area, studies the prospects for the use of AI in education, develops recommendations for improving relevant training programs, and overcoming barriers to the implementation of AI technologies. The study identified three main groups of competencies for future computer science teachers in the field of AI: technical, pedagogical, ethical and legal. Technical competencies include knowledge of AI technology principles, algorithms, and software. Pedagogical competencies relate to the ability to adapt teaching materials and methods to the capabilities of AI and to develop appropriate tasks and projects. Ethical and legal competencies involve comprehending the risks and challenges associated with AI usage, as well as being aware of the ethical principles and legal norms in this field. The article analyzes technical, pedagogical, ethical, and legal problems related to introducing AI technologies into computer science teacher training and education. It also explores the potential benefits of AI in education, such as personalized and adaptive learning, improved teaching and assessment effectiveness, and the development of critical thinking and creativity in students. The authors suggest methods to enhance computer science teacher training programs, such as incorporating specialized AI courses, providing practical training, and involving industry experts. They also stress the significance of considering the most effective international practices in this field. To summarize, the article highlights the pressing need to modernize the computer science teacher training system in Ukraine. This is necessary to develop the competencies required for the effective use of AI technologies in the educational process. Such modernization will contribute to the development of students’ digital literacy and ensure the competitiveness of the Ukrainian educational system in the context of digital transformation.

Evaluation of Camel Wrestling in Türkiye in terms of Ethics and Animal Protection Legalisation

It was aimed to investigate the legal competence of camel wrestling, which has a long history in Turkey, with the Animal Protection Law No. 5199 and the Regulation of the Camel Wrestling Federation, which was established by camel breeders and organized wrestling. Among the findings; The data of the survey conducted with camel breeders in Aydın, İzmir and Muğla provinces of Turkey, where camel wrestling is widely practiced, are included. The data obtained in the analysis of the questionnaire made on the basis of verbal and volunteerism with 35 camel riders whose camels participated in these wrestling; are presented in tables as means, frequency distribution and percentages. To the question "What is your reason for participating in camel wrestling?"; Answers 45.7% cultural heritage, 31.4% entertainment and 22.9% tradition has been given. Again, “Are animals treated in accordance with animal rights in camel wrestling?” While 74.3% answered “Yes” to the question, it was seen that the answer was “I don't know” with 25.7%. The legal status of this event has been evaluated by comparing it with similar animal competitions & fights in the world. The subject was interpreted holistically within the framework determined by the Animal Rights Law No. 5199, which is in force in Turkey, and in the perspective of animal ethics. It has been concluded that the use of animals as shows, festivals, culture, tradition and folkloric doesn't directly overlap with the "the principle of beneficialness", of the ethical principles, and a special regulation is needed in the laws.

Participation of the Prosecutor in the Civil Cases Dealt with by the Courts of Controlling Authority

In the paper, the author concludes that it is inappropriate to regulate the procedural and legal competence of various officials of the prosecutor’s office to initiate a review of judicial acts by the courts of controlling authority. The author examines the issue of the possibility of allocating the prosecutor’s participation in the consideration of civil cases by the courts of controlling authority into an independent, third form of the prosecutor’s participation in civil (arbitrazh) proceedings in the light of both the legislative expansion of the prosecutor’s procedural powers and trends in judicial practice. The author draws attention to the need to clarify in the law the legal form by which the prosecutor’s initiative aimed at reviewing judicial acts is implemented. As a result of the analysis of judicial practice where the courts and the prosecutor assessed the need for the prosecutor’s participation in specific cases in different ways, the author concluded that the correctness of resolving the issue of involving (not involving) the prosecutor to participate in the consideration of a civil case is predetermined by an essential rather than a formal approach to the legal qualification by the court of the substantive requirements under consideration.

Social exclusion as a major outcome domain of psychotic disorders: early predictors, and associations with non-recovery and clinical staging 21years after a first episode of psychosis.

People with psychotic disorders have high levels of social exclusion; however, little is known about its early predictors. We present a long-term observational cohort study aimed at examining early risk factors for later social exclusion. A total of 243 subjects were assessed at their first psychotic episode for early risk factors including sociodemographic variables, familial risk of major mental disorders, perinatal complications, childhood factors, and adolescent factors and re-assessed after a mean follow-up of 21years for 12 social exclusion domains: leisure activities, housing, work, income, neighborhood deprivation, educational attainment, physical and mental health, family and social support, legal competence, and discrimination. The ability of risk factors to predict social exclusion was examined using hierarchical linear regression. Overall social exclusion was independently predicted by low parental socio-economic status, length of follow-up, familial risk of schizophrenia, obstetric complications, neurodevelopmental delay, poor childhood adjustment, childhood adversity, poor adolescent social networks, poor adolescent adjustment, and low premorbid IQ. The model explained 58.2% of the variance in total social exclusion score. Each social exclusion domain was predicted by a different set of variables, which explained between 17.8 and 57.0% of their variance, although low socio-economic status, familial risk of schizophrenia, obstetric complications, childhood adversity, and poor social networks predicted most of the social exclusion domains. Early risk factors strongly predicted later social exclusion. A multifaceted approach to preventing later social exclusion is crucial in people with a first episode of psychosis and early risk factors of social exclusion.

Exploring the role of regulation in urban citizenship practices: looking at Swiss and Turkish cities

ABSTRACT ‘Urban citizenship’ connotes to statuses and practices centred around the relationship between a locality and (all) individuals present or residing within its territory. This alternative imagination of citizenship (as opposed to formal nation-state citizenship) is based on a presumption of belonging for persons present/resident in the locality (ius domicii) and includes those typically excluded by the nation-state, in a radical vision of equality and non-discrimination. But domestic legal competences of local governments vary significantly across jurisdictions. This article, based on field research in Turkey and Switzerland, explores what role such domestic competences, or the regulation of local governments, plays in facilitating, encouraging, discouraging or obstructing local governments’ engagement with radically inclusive urban citizenship practices. First operationalising the concept of ‘regulation’ and establishing Turkey and Switzerland as low- and high-regulation country contexts respectively, this article identifies four ways in which regulation shapes urban citizenship practices of local governments: (a) by shaping local governments’ perception on their own autonomy; (b) by influencing whether local governments engage in legally foreseen or extra-legal practices; (c) by informing whether and how much local governments categorise different groups of rights-holders and; (d) by affecting which scales these urban citizenship practices are exercised in (upwards, downwards, horizontal).

English Proficiency and Legal Knowledge in the 21st Century Indian Media

This research paper investigates the pivotal role played by English language proficiency and legal literacy in shaping the dynamics of the media industry in India. The study emphasises how a comprehensive comprehension of English, along with legal competence, greatly impacts journalistic practices, media ethics, and the capacity to handle regulatory problems.

Конституционный контроль в Китайской Народной Республике. Влияние конфуцианства и практическая реализация

The article examines the historical stages of the development of the constitutional control of the People’s Republic of China, beginning with the Republic of China and the confrontation between the two parties — the Kuomintang and the Communist Party of China. In this regard, it provides an overview of the legal status and competence of the Council of Great Judges of the Trial Chamber, as well as a description of the procedure of the body under Taiwan law. Some features of the structure and content of the Chinese constitutions in their dynamics are further revealed. In 2018, the Constitution of the People’s Republic of China (hereinafter — PRC) was amended, including the Preamble, which now proclaims the direction of socialist culture based on the dualism of moral and legal norms, and perfection of the mechanism of application of the Constitution is one of the vectors of development of the Chinese version of the «legal state». So now we can see how China’s legal world is changing. The article concludes that Chinese constitutional control in its modern form does not function effectively due to a number of institutional and cultural reasons.

The Role of Legal Psychology in the Formation of Legal Culture in the Conditions of Military Operations

The article aims to determine the possibilities of improving students' legal culture formation by integrating legal psychology knowledge in times of war. Through testing and a formative experiment, the study confirms the hypothesis that integrating legal psychology positively impacts the formation of students' legal culture in war conditions. Students showed average indicators of legal culture criteria, which proves that young people as subjects of the law may deliberately violate the law and be prone to illegal behaviour, discrimination, etc. Such data indicate that the students under the study may be prone to criminal behaviour under unfavourable conditions, as they have a basic level of knowledge about the legal system, unstable motivation for legal behaviour, fragmented legal competencies, a predominant orientation towards stereotyped, patriarchal values of gender culture, and different types of personal self-determination in the system of patriarchal and egalitarian coordinates. It can be argued that the legal culture formation programme significantly impacts the formation of respect for human rights in the educational environment and reduces the propensity for illegal and non-violent behaviour.

The Creative Role of the National Judge in Providing the Civil Protection from the Environmental Damages

The primary objective of the fact sheets about environmental access to justice is to furnish readily available guidelines for initiating a review process before an autonomous judicial institution or an administrative entity. Judges have always been vital in creating and enforcing effective environmental and justice laws. Judges have had to combine principle with practicality when drafting and applying such regulations, and progress has been slow. Critics have criticized them for not adhering to judicial bounds, especially in political conflicts and economic wealth distribution. With UN Environment Programmed support, judges have led efforts to improve environmental legal competency and knowledge sharing. While legal systems vary, certain concerns and their remedies are worldwide. Despite this restriction, international environmental litigation against businesses is possible when serious environmental degradation affects core human rights and interests. Such victims may utilize environmental violations to strengthen their claims.

Legal and institutional translator competence: developments and training implications

ABSTRACT As in other areas of translation practice and translator education, technological advances are having a considerable impact on working processes and training in legal and institutional translation. This trend has contributed to research on translator competence gaining new significance and urgency with a view to adapting curricula and training approaches to the latest professional developments in the field. This introduction to a special issue of The Interpreter and Translator Trainer on competence in legal and institutional translation reviews selected contributions that examine the integral components of legal and institutional translator competence, propose strategies to help trainees develop this competence, or analyse the impact of machine translation use and specialised training on translator competence and performance in today’s increasingly automated environments. The link between professional practice, research and the classroom is reflected in the questions posed and the enlightening responses provided in the form of valuable empirical data, examples and ideas for trainers and trainees. These insights also illustrate the relevance of a diversity of perspectives and research methods, and support a renewed sense of awareness of the critical value of specialised training itself in legal and institutional translation.

Revisiting translator competence in the age of artificial intelligence: the case of legal and institutional translation

ABSTRACT Multi-componential models of translation competence are widely used in translator training as a yardstick for curricular and syllabus design. These models must be adapted to reflect professional trends, such as the impact of artificial intelligence, and machine translation in particular, on working methods. This paper describes the process of adapting a pioneering model of legal translation competence to the broader scope of institutional translation in light of recent trends, as verified by triangulating information from multiple interviews, analyses of translation volumes and job descriptors and other professional inputs. The resulting revised descriptor was validated through a survey of 474 translation professionals from 24 international organisations of diverse sizes and domain specialisations. The suitability of the descriptor was corroborated across the board, but variations were found in perceptions of the relevance of sub-competences to ensure translation quality. Profiles with a stronger specialisation in legal translation or more experience in institutional translation showed higher awareness of the relevance of all the sub-competences, especially the core language, strategic and thematic competences, and even more so for translating texts of a legal or administrative nature. The implications of these findings for training purposes in particular are discussed.

“Translating” legal translation training theory into practice: the McGill University experience

ABSTRACT In the fall of 2020, McGill University (Montreal, Canada) launched a graduate diploma that focused on legal translation. The Graduate Diploma in Legal Translation (GDLT) aims to train the next generation of legal translators and jurilinguists in Canada. One of the main pillars of the GDLT is the formal and comprehensive interdisciplinary approach to legal translation competence development (Prieto Ramos 2011, 2015). Based on five core competences (strategic and methodological, communicative and textual, thematic and cultural, instrumental, and interpersonal and professional management), this approach is integrative and process-oriented with the aim of ensuring quality and adequacy in legal translation. McGill University used this approach as a roadmap to create the GDLT structure and plan of study. In this paper, we will offer an overview of McGill University’s initiative, providing critical analysis of the approach proposed by Prieto Ramos and of its interpretation and application for training purposes at McGill University. Our curriculum mapping methodology involves aligning the course-level learning outcomes to the broader programme-level learning outcomes which coincide with the proposed five core competences. Findings on the degree of alignment and an argument for an enriched competence training approach will be discussed in this paper.

Tinjauan Fikih Muamalah Mengenai Wanita dalam Transaksi Ekonomi Syariah

This study discusses the concept of ahliyah (legal competence) which is quite an important discussion to be parsed, studied and discussed. Bearing in mind that legal competence has an important position in a contract because it is a condition that must be fulfilled by the subject of the contract which has implications for whether the contract can be considered valid or not; Legal competence in question turns out to be ahliyatul ada' (active skills) in fiqh muamalah. In this study, researchers examined the concept of ahliyah in the perspective of Islamic law (the opinion of the scholars) contained in fiqh books. The purpose of this research is to provide an understanding of the community as legal subjects, so that the contracts they enter into are correct according to Islamic law. This research is a normative juridical research that uses a type of Syara'-Fiqh approach (statue approach), case approach (case approach) and conceptual approach (concept approach). In carrying out legal actions, a person must first be declared competent to act according to the law. So in this study the researcher describes it in a descriptive-qualitative form. The results of study show that woman are increasingly dominating in economic transactions, especially in e-commerce media.