Legal Elements Research Articles

Let Them Eat Rights: Re-Framing the Food Insecurity Problem Using a Rights-Based Approach

Food insecurity is a global issue. Large parts of the global population are unable to feed themselves adequately with hundreds of millions of people suffering from hunger and malnutrition. This problem is recognized widely by governments, industry and civil society and is usually understood using one of three approaches or frames: a basic production problem solved by technology and increased industrialization of agricultural, and an economic problem solved by economic growth and a commercial problem resolved by expanding markets. Much of the discussion and policy advice is based on the premise that hunger is primarily a wealth issue and, that as wealthy countries do not have hunger, the solution is economic development. Using Erving Goffman’s theory of framing, we argue that these frames are inadequate as evidenced by the failure to solve this very basic, but complex problem in both poor and wealthy countries on the one hand nor explain the success of some developing countries on the other. After analyzing the three frames and their limitations, we propose a rights-based frame and explain how rights are an important part of solving the complex problem of hunger. We examine how rights-based approaches have worked by creating three categories based on the status of food rights within the respective constitutional frameworks of those jurisdictions. In each of the three categories, we examine specific jurisdictional frameworks, evidence of performance and evaluate their success. Based on that review, analysis and evaluation, we identify the legal elements of an effective right to food.

Aristocratic Enclaves as a Foreign Legal Element in Urban Space

Disciplination of the population in the medieval and early modern city may have been complicated by the presence of an alien element, which in the bourgeois environment was the nobility. In many cases, the nobility was able to acquire town houses and sometimes even managed to have them exempted from the jurisdiction of the municipal authorities and registered in the land tables. Be that as it may, these houses constituted legal enclaves of their kind. The study examines the legal conditions of these enclaves against the background of the legal developments in the Kingdom of Bohemia and Margraviate of Moravia in the fourteenth–seventeenth centuries and tries both to summarize the existing knowledge and to draw attention to some better though lesser-known sources that document this issue. URL: https://www.upjs.sk/filozoficka-fakulta/katedra-historie/10984/

Legal Dimension of the Protection of Critical Infrastructure – Selected Aspects

Aim: As part of this article, an attempt was made to present the legislative process in Poland regarding critical infrastructure, for which valid is the Act of 26 April 2007 on crisis management, specifying, inter alia, authorities competent in crisis management and their tasks and principles of operation in this area as well as implementing acts issued on its basis. The introduced legal regulations define both the concept of critical infrastructure, its protection and activities related to the prevention of crisis situations, reacting in the event of their occurrence and preparation to take control over them, as well as removing their effects and recreating key resources. Introduction: Regulations concerning the protection of critical infrastructure are included in legal acts covering various areas of the country’s functioning, including telecommunications activities, production and trade in fuels and electricity, performance of defence tasks by entrepreneurs, creation of strategic reserves, powers of the minister competent for the State Treasury in some companies, protection of persons and the property. The protection of critical infrastructure is related to the raison d’état, which indicates the need to make special efforts to protect the country’s key infrastructure. Therefore, it is reasonable to present selected legal elements needed to protect critical infrastructure, especially those issues that ensure the continuity of the operation of public administration bodies, which are to ensure the safety of the citizens. Methodology: The article was prepared based on the analysis of the literature on the subject and the analysis of legal acts in the area of strengthening the concept of critical infrastructure, taking into account the current situation related to the pandemic and, consequently, the loss of some officers and employees. During the analysis of the conducted research, compact publications, acts of Polish law as well as guidelines and recommendations published on the websites of governmental institutions were used. Conclusions: In the protection of critical infrastructure, there is a need to introduce legal regulations within the framework of cooperation between institutions. The preparation of effective activities in the area of critical infrastructure requires a comprehensive approach, including: physical, technical, personal, ICT, legal protection, as well as assistance from the government in the reconstruction of the damaged element. Each of the areas mentioned above is a complex set of activities requiring general and specialist knowledge, sometimes expert knowledge, extensive practical experience (using the so-called good practices), risk analysis skills, and risk prediction (profiling). Keywords: act on crisis management, legal acts, crisis management, protection of critical infrastructure, identification Type of article: review article

CAILIE 1.0: A dataset for Challenge of AI in Law - Information Extraction V1.0

Legal information extraction requires identifying and classifying legal elements from specific legal documents. Considering that information extraction is mainly regarded as the first step in natural language understanding, the quality of legal information extraction results certainly has an immense impact on the performance of various legal artificial intelligence (AI) downstream tasks. However, Chinese judicial information extraction datasets are very scarce due to the particularity of legal documents. In response to this situation, we constructed a dataset for Challenge of AI in Law - Information Extraction V1.0 (CAILIE 1.0). The following two features of CAILIE are worth highlighting: 1) the entity definition focuses on more fine-grained theft document information, providing more interpretability for downstream legal AI; and 2) we define entity labels with judicial attributes based on natural attribute labels to meet the needs of Chinese judicial practice. We implement some classic models on this dataset. The experimental results show that legal information extraction is still challenging and additional research is required for this task to be solved.

ОЦІНКА ЗОВНІШНЬОГО СЕРЕДОВИЩА РОЗВИТКУ МІЖНАРОДНОГО БІЗНЕСУ В УКРАЇНІ

The paper substantiates the relevance of the external environment for companies that already operate in international markets or plan to enter them as it affects both the final results of companies operating internationally and the ability to enter foreign markets for newcomers. Some factors of the external environment can intensify the foreign economic activity of companies, while others will inhibit their foreign ambitions. The object of research is the external environment of international business and its elements. The assessment of the state of the external environment is based on materials from open sources (international ratings). To assess the external environment, a modified PESTEL analysis of the political, economic, social, and legal elements of the Ukrainian business environment was performed. According to the results of the assessment, the following conclusions can be drawn: 1) Ukraine has a number of problems with political instability, low government efficiency, quality of legislation, corruption; 2) the economic environment becomes more favorable (such indicators as GDP per capita (PPP), export, and inflation have decreased). However, there are also negative trends (there was an increase in the unemployment rate and import volumes); economic growth hampered by several factors (corruption, insecurity of property rights, low efficiency of the judiciary, low investment and financial freedoms); 3) the population of Ukraine is gradually declining due to significant migration flows and the “aging of the nation”; despite the growth of the average wage in the country relative to developed neighbors, it remains low; 4) Ukraine still has problems with the rule of law (arbitrariness of power; illegal application of laws; enforcement of regulations is subject to bribery and illegal influence by private interests; public services such as permits, licenses, and administration of public health services provided through bribery, etc.), as well as a rather complicated procedure for starting and operating a business.

Personal image: introduction to legal discourse

Problem setting. Intensive development of public relations, digitalization and commercialization of new spheres of life, growing popularity of the media sphere necessitates civil protection not only the privacy of individuals who are popular and recognizable, but also their right to publicity, which is directly related to lawful use of intangible benefits that belong to a person and shape his image. Analysis of recent researches and publications. Among the world's most prominent researchers of image as a social phenomenon are R. Burns, I. Hoffman, W. James, J. Rotter, L. Holl, and others. Domestic studies of image are represented by the works of Atamanskaya K.I., Barny N.V., Krynychna I.P., Lavrentiya A.S., Palekha Y.I., Panteleychuk I.V., Fedoriva T.V., Shcherbak N. V. and other representatives of various social sciences. The purpose of the article is to outline general scientific approaches to defining the concept of image, distinguishing it from related concepts and identifying promising areas of civil law research of image. Article’s main body. The concept of image is more often used in the information space, which leads to an increase in public demand for the legal definition of this concept and the settlement of issues related to the protection of the image of both individuals and legal entities. Image is the object of study of various branches of social science and studied by them in a variety of manifestations and aspects. Based on the analysis of a number of approaches to image definition by representatives of various sciences, it can be concluded that image considered as: (a) a communication tool that is a manipulative technology to influence public consciousness; (b) marketing tool to promote goods, works and services; (c) the external and psychological image of the public person through which society identifies him as an individual. Considering the image of an individual from the standpoint of a systematic approach, in particular a multilevel set of different components - personal intangible assets, we believe that reputation is an element of the image of an individual and should be considered as its structural component. From the standpoint of interdisciplinary research, the concepts of image and personal brand should be considered as synonymous, from a legal point of view, despite their similarity, they are formed by different objects of civil rights, although within the protection of the individual's right to protection and personal brand. Conclusions and prospects for the development. In view of the above, it can be concluded that the image of an individual is a complex, interdisciplinary concept. It is a holistic, stable image of a particular person that exists in society, and is characterized by the indivisibility of its external and internal characteristics, the corresponding personal, professional and social qualities. The constituent legal elements of the image are (a) personal intangible assets: the right to a name, the right to an image, the right to individuality, personal reputation; (b) objects of intellectual property rights: means of personalization: personal brand, trademark, trade name and others.

Continuarea judecăţii sau restituirea cauzei la procuror? Despre consecinţele procedurale naţionale ale deciziei CJUE din cauza C-282/20 ZX

Continuarea judecăţii sau restituirea cauzei la procuror? Despre consecinţele procedurale naţionale ale deciziei CJUE din cauza C-282/20 ZX

Gondolattöredékek az előkészítő ülésről a vád és a bizonyítás viszonylatában

The present study focuses on preliminary session, which was altered in its function by the resolutions of the new Law of Criminal Procedure (entering into force in 2018), that is Act XC of 2017 (henceforth LCP) with special regard to the relationship between accusation and evidentiary procedure with the help of a case. I also examine the rules of criminal procedure codified in Hungarian judicature, the function and influence of preliminary session, the main characteristics and the place of preliminary session among procedural forms of court procedures. The study examines whether preliminary session regulated by LCP meets the requirements and checks indictment eliminating unsubstantiated procedures. In case it fails to do so, what further regulations are needed to be added to present ones in order to meet requirements with special regard to codification policy embodied in criminal judicature, especially effectiveness, promptness, simplicity and coherence. I examine in details the possibility whether it could be the right and obligation of the court to examine not only the means of evidence deriving from legal elements and other informative elements contained in the presented indictment but also the legality of preliminary sessions and investigation procedures as a legal condition of initiating a court procedure. The study describes the regulation of LCP concerning evidentiary procedures in the preliminary session emphasizing the modifications by Act XLIII of 2020 concerning the interrogation of the accused. I examine its significance and point out whether anomalies in connection with the limits of evidentiary procedure are successfully eliminated in judicature.

Main theoretical approaches towards comprehension of the essence of abuse of administrative resources in the electoral process

The object of this research is the abuse of administrative resource as one of the manifestations of corruption crime in the electoral process. Being a multidimensional negative phenomenon, the abuse of administrative resource does not have legal or generally accepted doctrinal definition, which impedes the development of the effective system of legal restrictions aimed at protection of electoral relations from such type of corruption. The subject of this research is the scientific works of the experts in sociology, political science, economics, and law that disclose the essential characteristics of the phenomenon in question. The goal lies in the formation of holistic representation on the abuse of administrative resource in the electoral process. The author examines and summarizes the approaches towards the concept of administrative resource proposed in different social sciences; determines the key legal elements of abuse of administrative resources in the electoral process, which reveal its corruption essence; formulates definition of this negative phenomenon. Scientific novelty lies in distinguishing the three independent approaches towards comprehension of administrative resource in the electoral process: socio-political, political-economic, and formal-legal. The absence of apparent contradictions, as well as complementarity of these approaches, allows forming holistic perspective on the administrative resource. Focusing attention on the formal-legal approach, the author concludes that the leading features of abuse of administrative resource in the electoral process in the special subject composition, method of wrongdoing, as well as corruption goal pursued by the actor of electoral process. The original definition of abuse of administrative resource in the electoral process is offered.

SYSTEM OF REGULATION OF SOUTH AFRICAN INSOLVENCY LAW: LESSONS FROM THE UNITED KINGDOM

In order to assess the regulatory aspects of South African insolvency law it is necessary to examine the regulatory methodology of certain international jurisdictions in order to determine whether it is attainable, or even desirable, to bring about law reform in regard to the regulatory framework within South African insolvency law. South African insolvency legislation is deeply rooted in English law resulting in South African and English laws reflecting to a great extent similar legal philosophies and principles. Although the English regulatory framework may not suit the South African economic conditions in a strict sense, there are adequate similarities between thejurisdictions’ historical, legal and cultural elements to constitute a distinct and identifiable process. The article commences with an overview of the historical development of State regulation in the United Kingdom (UK) and includes a discussion of the UK’s present regulatory system. It then proceeds to discuss briefly the South African regulatory framework and concludes by providing some propositions for law reform.

SYSTEMATIZATION AND SUBSTANTIATION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS OF JUVENILE CONVICTS: THE PENAL ASPECT

The article provides the substantiation and systematization of the basic constitutional rights and freedoms of juvenile convicts who are, by court decision, in places of confinement. First of all, the author is determined with such concepts as status, (social) status of a convicted person, and comes to the following conclusion that in the theory of law and the doctrine of criminal executive law in Russia, these concepts are presented as equivalent. In its most general form, the legal status of convicted juveniles is the position of convicts regulated by the norms of various branches of law while serving a criminal sentence of imprisonment. The foundations of the legal status of convicted juveniles are enshrined in international legal acts, such as: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms and other international sources rights. Thus, under the legal status (status) of convicted juveniles, the author defines a set of legal elements (duties and rights, legitimate interests and legal restrictions) expressing the specifics and determining the content of the position of convicts while serving a sentence of imprisonment in an educational colony of the Federal Penitentiary Service of Russia. Based on the results of theoretical, methodological and empirical research, the author introduces into scientific circulation such a concept as the Educational Center of the Federal Penitentiary Service of Russia. Conclusions are drawn, and the modernized infrastructure of the Russian penal system is determined. The article was prepared in the scientific specialty of the Higher Attestation Commission of the Ministry of Science and Higher Education of the Russian Federation: 12.00.08 - “Criminal law and criminology; penal law. The presented material in the publication does not contain information related to state secrets of the Russian Federation.

Przestępstwa językowe jako przedmiot etnolingwistycznych badań porównawczych

The article proposes an original concept of language crimes as a subcategory of criminal acts in Polish criminal law and in criminal law systems of other countries. Focus is placed on their characteristics as the criteria for distinguishing them from other types of crimes, on relations between them as constructions of legal culture and other elements of culture, in particular language. In addition, three fundamental research perspectives for these crimes are proposed: they can be carried out as comparative ethnolinguistic research: the temporal perspective, the territorial perspective, and the "law in action” perspective. The latter derives from the achievements of a realistic legal school, which denies the significance of a static "law in texts”.

Сущность концессионного соглашения в американском праве

The nature of the institute of a concession agreement is still not obvious. This aspect is caused by the fact that the concession agreement combines private law and law principles. For a deeper study of this institution, it is necessary to refer to foreign law. This article deals with the concept of a concession agreement in US law. In the United States, the essence of the concession agreement is subject to the theory of complexity, i. e. an agreement at the junction of and private law. The article explored the and private legal elements of the theory of complexity and how they affect the regulation of the concession agreement in US law. The studied case law, doctrinal sources and historical prerequisites make it possible to establish that the institution of concession is a kind of franchise. US law divides franchise into and private. Moreover, the institution of franchise meets all the features of concession. The rules of the US Federal Procurement System discussed in the article define a concession agreement as a government contract for the of services from a concessionaire for the needs of the US Government. The concept of a concession agreement as one of the methods of procurement was considered in the Russian doctrine and is not a feature of only US law. A study of the impact of the concept of on the institution of concession in American and Russian law was also made. The author proposes to consolidate the concept of public interest in the domestic legislation on concessions, taking into account the American experience. The article makes a comparative legal analysis of the institution of concession with other similar institutions in US law, which indicates that there is no uniformity in terms of American law, which requires a more detailed study of a specific legal institute in US law. Applied to a concession and concession agreement, the complexity in comparison is caused by the existence of different types of concessions, for example a mining concession. Also, the legislative acts of separate government departments and agencies contain their own qualifications for the concept of a concession and a concession agreement.

Legal and Historical Elements of Latvia’s Restoration of Independence

Latvia claimed its continuity as a State after fifty years of unlawful occupation by the Soviet Union. International law contains several criteria for substantiating a claim for continuity of a State. Latvia attempted to ensure the continuity of the four elements of statehood and pre-occupation legal obligations both on the international and the national level.

The process of convergence in common law of the perm and the samoyed peoples

Significant peculiarities of the convergence process among the Samoyed and Finno-Ugric peoples of the Perm subgroup are investigated in the current paper. The author aims at the investigation of convergence process of the common legal institutions and regulations of the peoples under consideration among themselves, with neighboring peoples without excluding mutual reception between the positive law norms of the Russian State and common legal norms. Various common legal institutions used in the past among these peoples are considered in the given paper. Special attention is paid to a convergence process investigation of common legal institutions and norms among the Perm and the Samoyed peoples. The author emphasizes existence of varied external contacts among the peoples under consideration, influence on them by neighbouring peoples and possible mutual reception of various legal institutions. Making use of empiric material, the author explains specific features of asymmetry formation between dominant and peripheral legal culture. The author comes to a conclusion that approximation of legal institutions practiced in common law of the Perm and the Samoyed peoples constantly occurred both between them and with common legal elements of the peoples lived in the closest proximity with them. Apart from that, on the basis of the examples revealing process of influence of peasant populace legal views on positive law formation, the author distinguishes peculiarities of the convergence process between positive laws norms, dominated in the state and common legal norms among the Perm and the Samoyed peoples. Keywords: common law, the Perm peoples, the Samoyed peoples, positive law, custom, convergence.

Inherent Frictions and Deliberate Frustrations: Examining the Legal Variables of State FOI Law Administration

FOI laws are of a category of laws acutely predisposed to internal resistance and erosion. The study seeks to better understand these limitations by examining legal elements of the laws through an exploratory field study, or audit, of nine state FOI laws. Among the study’s findings are two uniquely strong predictors of better FOI results: The existence of an independent FOI advocacy organization in the state and a legislature subject to the law. The findings suggest cultivating a culture of transparency may be as or more important than any of the generally considered legal variables, such as deadlines or penalties.

Theoretical and legal aspect of determining the mechanism of ensuring human rights and features of their implementation in Ukraine

The article considers the rights and freedoms of man and citizen. It is studied that human rights and freedoms are formed as a result of numerous historical preconditions that have developed the psychological need of man to freely use their abilities to think, express thoughts, engage in creativity, self-expression, work. The mechanism of law enforcement is a system of legal means that affect public relations in order to regulate, implement, etc., which includes the following elements: guarantees, legal elements of the enforcement mechanism, the process of actual implementation, conditions and factors of such process. One of the essential elements of the human rights mechanism is guarantees. Analysis of the existing concepts of guarantees in the legal literature allows us to conclude that the guarantees of individual rights and freedoms should be understood, first, certain conditions under which the fullest and most comprehensive implementation of individual rights and freedoms, and secondly, means that effectively ensure protection and protection of individual rights and freedoms in case of their illegal violation. Direct constitutional and legal guarantees are a special system of legal norms, principles, conditions, requirements and legal means and means provided by the Constitution of Ukraine and other laws. ensuring, realization, protection and defense of human and civil rights and freedoms for the purpose of their practical realization. Signs of guarantees of human rights and freedoms are that they: have a state nature; reflected at the level of relevant regulations; have a universal and continuous character; reflect the state and level of development of the main spheres of public life; have a real and appropriate nature; have the form of a complex system that has its own internal structure, the elements of which are inextricably linked and constantly interacting. Thus, guarantees are one of the main and probably the largest links in the administrative and legal mechanism for ensuring the rights of citizens.

Complying with Custom before the World Court: Towards a Relational Normativity

Abstract Traditionally, institutional constraints informed the International Court of Justice’s ascertainment of the (non-) existence of customary norms in its decisions as it signals impartiality to uphold its legitimacy. Its reliance on (non-)legal elements underpinning the sources of the normativity of existing and future customary norms upon which it rules goes beyond the mutual acceptance of treaties and customs by the conflicting parties as well as shared (nascent) moral values of the international community. Its denial of the application of customary international law based on functional and equitable arguments gives further evidence of the Court’s relational and contextual approach towards the peaceful resolution of disputes. In addition to its rule-based governance function, the Court is actively pursuing relational governance. It seeks to reconcile competing relationships and interests inside and outside the courtroom and anticipates if a fertile soil is present in which existing and future customary norms can gain root.

Migration as a (non)traditional security issue of the risk society

Migration is an issue fervently debated in various scientific fields (history, sociology, political science, security studies, etc.). Postmodern literature on migration goes beyond hundreds of titles, monographs and articles. Discourses on public migration policies and sometimes policies themselves all too often tend to be based on seemingly trivial correlations, but which have no significant empirical basis. The reality is much less simple and requires a nuanced analysis to interpret it accurately. The emotions and attention aroused in the EU and US public debates on migration issues reveal an identity crisis and only widen the gap between potential evidence-based long-term policies and short-term migrant policies. The article aims to analyse, from a theoretical perspective, the content of the migration phenomenon in the contemporary globalized society, focusing on a series of legal elements, without ignoring the social and economic implications of the phenomenon

Tax Whistleblowing: Fundamentals, International Practices and Legal Regime

This article aims to discuss tax whistleblowing. First, its fundamentals and legal nature are discussed. Compared international practices in tax whistleblower programs are stated and analyzed. The objective and formal aspects of tax whistleblowing and the subjective legal elements - whistleblower, accused, and Administration - are reviewed. In the sequence, the procedure of tax whistleblowing in the Brazilian Federal Tax Administration is critically exposed. Given the growing international use of rewards in tax whistleblowing, a brief reflection is promoted on the advantages and disadvantages of offering monetary incentives to tax whistleblowers. It concludes with some recommendations for strengthening a tax whistleblower program. Encouraging tax whistleblowers by ensuring protection and, perhaps, rewards are a cost-effective and efficient alternative to obtain information on tax irregularities and tax wrongdoings that are difficult to detect by traditional tax screening and auditing methods.