Legal Foundations Research Articles

Russia-NATO and Ukraine-NATO relations: from “a new quality” to “a shattered peace”

Political and legal foundations of the relations between Russia and Ukraine with NATO are examined in a comparative manner. The basic documents for interaction were studied in detail: Founding Act on Mutual Relations, Cooperation and Security between NATO and the Russian Federation and Charter on a Distinctive Partnership between the North Atlantic Treaty Organization and Ukraine.An analysis of statements by offi cials of the USA, NATO, Russia and Ukraine in connection with Russian special military operation in Ukraine is provided. NATO continues its provocative policy of expansion unwinding a spiral of militarization and aggravation of geopolitical tensions in order to achieve superiority. The notorious “open door” doctrine has become so ossifi ed and hardened in its immutability that there is no reason to expect any changes, corrections or simply rethinking of its consequences for the security interests of NATO itself, its members and invitees. A stream of spells and predictable ritual statements, which do not contain the slightest element of novelty, is pouring out from Brussels. Moscow’s view on this is also well known and opposite to NATO’s one: the origin of the current deepest security crisis in the Euro-Atlantics was the destructive policy of the collective West thoroughly saturated with anti-Russian approaches and completely negating the proposals and initiatives that Russia had put forward as a possible solution to existing problems. The naked double standards and rough actions of NATO countries in Eurasia and other regions of the world testify to their desire, through the so-called controlled chaos and suff ering of millions of people, to prevent the establishment of a just multipolar world order implanting in its place a fl awed “rules-based order.” The architects of a unipolar world will be disappointed: hegemony led by the United States is impossible since there are Russia, China and India on the Eurasian continent. American elites cannot help but understand that they live in a country isolated by two oceans, the history of which is far shorter than Russian, Chinese and Indian which stretch back thousands of years.

Legal regulation of the grounds for the use of weapons by ships, boats and support vessels of the State Border Guard Service of Ukraine in the conditions of the legal regime of martial law and state of emergency

The scientific article studied and explained the content of the legal and regulatory grounds for the use of weapons by ships, boats and support vessels of the State Border Guard Service of Ukraine. This problem is understudied.
 With the help of general and special methods of scientific knowledge, the authors have researched the laws of Ukraine, current subordinate legal acts and scientific sources that regulate the grounds for the use of weapons of ships, boats and support vessels of the State Border Guard Service of Ukraine.
 The work clarified the content and features of the legal support for the use of weapons of ships, boats and vessels.
 It has been established that the measures of the legal regime of martial law or a state of emergency, in the implementation of which the state border protection authorities take part, determine the possibility, necessity and grounds for the use of weapons by ships, boats and support vessels of the State Border Guard Service of Ukraine.
 Most of the reasons for the use of the weapons of ships and boats can be aimed at ensuring the measures of the legal regime of war, and in some cases, the state of emergency. In such conditions, the subordination of ships, boats and support vessels of the State Border Service of Ukraine may change, which determines the entity that grants permission to use their weapons after a warning.
 The authors come to the conclusion that the reasons for the use of weapons by ships, boats and vessels of the State Border Guard Service of Ukraine, which are defined in the laws of Ukraine, are aimed at the forcible termination of offenses and crimes, ensuring compliance with measures of martial law and state of emergency. The blanket form of the norms regulating the grounds for the use of weapons on ships and boats makes it necessary to refer to other laws and subordinate legal acts of Ukraine and to take into account the specifics of the law enforcement, service and combat activities of the State Border Guard Service of Ukraine and the conditions of the legal regime of martial law or a state of emergency.

Criminal Liability for the Act of others in Economic Crimes under Jordanian Legislation

Criminal liability is the cornerstone of criminal policy, grounded on the principles of personal accountability and punishment. Individuals are not held accountable or punished for crimes committed by others. However, in light of significant economic and industrial transformations witnessed globally, including the emergence of economic projects affecting the state's economic center, and the rise of serious economic crimes constituting an assault on public funds, there arises a necessity to expand the criminal responsibility system. This expansion, rooted in the principle of personal accountability, encompasses other individuals to align with these evolving circumstances and reduce economic crimes. The primary question addressed in this research is to establish the legal foundation for penalizing an individual who did not commit the crime themselves. The study concludes the necessity of holding establishment owners accountable for the actions of their subordinates, given their supervisory responsibilities. This concept, known as criminal liability for the acts of others in economic crimes, diverges from the principle of personal criminal responsibility delineated in most criminal laws, including Jordanian law.

Some aspects of regulating the procedure for the adoption and appeal of normative legal acts of local councils in Ukraine

Research on this topic is important and relevant for several reasons. Effective and fair regulation of procedures for the adoption and appeal of normative legal acts at this level is crucial for ensuring the rights and interests of citizens in practice. The alignment of national legal norms with international standards is key for the organic integration of Ukraine into the European legal system, and the processes of decentralization necessitate the study of this topic through the prism of local authorities.
 The article uses such research methods as comparison, analysis, induction and deduction.
 During the research, results were obtained, consisting of the formation of a clear and comprehensive vision of normative legal acts that regulate the procedures for the adoption and appeal of normative legal acts of local councils in Ukraine. Existing legal problems were highlighted, and solutions were proposed. The primary issue in the normative-legal regulation of the studied topic is the insufficient clarity in defining normative-legal acts and the narrowing of the range of subjects of appeal compared to the Constitution. Considering the points stated in this article will contribute to the improvement of the legal regulation of the discussed issues and the further application of legal norms.
 The study of the chosen topic is crucial for understanding and addressing current problems in the regulatory and legal foundations of the functioning of local self-government and ensuring guarantees of the protection of citizens’ rights at the local level.
 Further research on this topic allows for a deeper understanding of the role of local self-government in ensuring the harmonious functioning of society and identifying possible ways to improve regulatory and legal frameworks. Specifically, in the context of addressing issues such as the lack of clarity in defining the concept of «regulatory and legal act» and restricting the scope of subjects for challenging regulatory and legal acts, as identified in this study, it is crucial to emphasize the need for transparency in legal processes at the local level. The findings of this research can serve as a foundation for subsequent reforms in the field of local self-government and the establishment of effective mechanisms for protecting citizens’ rights at the local level.

Some aspects of legal regulation of the legal activities of journalists in modern conditions

The article reveals some of the legal principles of regulating the legal activity of a journalist in modern conditions of martial law. The activities and state of media freedom in Ukraine over the past 11 years have been analyzed. Emphasis is placed on the fact that in modern conditions of martial law, the index of freedom of the press in the state is growing.
 The authors focused attention on some features of the legal regulation of the legal grounds of journalists’ activities according to the norms of international law and the national legislation of Ukraine; determined the rights and obligations of journalists, guarantees of media activity, specifics of activities of foreign journalists, employees of foreign entities in the field of media working in Ukraine.
 Attention is focused on certain types of prohibitions regarding interference in the professional activities of journalists under conditions of peace and during a state of war or in places of armed conflicts. The statistics of criminal offenses against the legal activities of journalists and the media during the ten years of the war in Ukraine were analyzed.
 It is substantiated that legal liability, including criminal liability, has been established for encroachment on the journalist’s life and health, and other actions against him. The current criminal legislation and specific articles of the Criminal Code of Ukraine, which provide for criminal liability for such criminal offenses as obstructing the legitimate professional activity of journalists, threatening, or using violence against a journalist, intentional destruction or damage to a journalist’s property, encroachment on a journalist’s life, taking a journalist as a hostage, were analyzed. Statistical information on the number of registered criminal offenses of this category for the last three years is provided. A criminological description of criminal offenses against the legal activity of a journalist is given.
 It was concluded that criminal offenses committed against journalists represent a significant public danger, as they encroach on freedom of speech, national security of the state, and violate the foundations of activity in the information sphere.

Penyuluhan Pendirian Koperasi Moderasi Beragama Di Desa Kutorojo Kecamatan Kajen Kabupaten Pekalongan

This community service project focuses on organizing workshops to establish moderate religious cooperatives in Kutorojo Village, Kajen District, Pekalongan Regency. The significance of this topic lies in addressing the economic challenges faced by the community while promoting religious moderation and social cohesion. The objective is to empower the community economically through the establishment of cooperatives while fostering interfaith understanding and cooperation. The methodological approach involves collaborative efforts between university students, local community members, and government agencies to organize and deliver informative sessions on cooperative formation, legal foundations, and principles. Additionally, discussions and interactive sessions are conducted to encourage active participation and address any concerns or questions. The results indicate a high level of community engagement and enthusiasm towards establishing cooperatives, as well as an improved understanding of the significance of moderation in religious discourse. The workshops serve as a stepping stone towards achieving economic empowerment and social harmony within Kutorojo Village, serving as a potential model for similar initiatives in other communities.

RESPONSIBLE BUSINESS PRACTICE BY INSTITUTIONAL INVESTORS AS THE BASIC MEANS OF PREVENTING VIOLATIONS OF PUBLIC INTEREST OF CITIZEN INVESTORS

The article is devoted to the analysis of the concept of "responsible business conduct" from the point of view of public interest. It is noted that responsible corporate governance has its origins in the concept of "corporate social responsibility", which became widespread in the 1970s in the US and the UK as a result of increased public and consumer attention to the overall image of companies. At the international level, many documents have been adopted to regulate corporate social responsibility. However, not enough has been done in Ukraine to introduce this category into economic activity. The purpose of the research is to analyse the legal grounds and theoretical approaches to the formation of the concept of "responsible business conduct" and to present the author's approach to the essence of the concept of "responsible business conduct of institutional investors" from the point of view of the protection of the public interest. According to the purpose of the article, several scientific methods of modern epistemology were used in the scientific research. The methodological basis of the study was the theory of legal cognition developed by prominent experts in the field of investment law. In addition, special research methods were used, in particular: comparative – to compare the rules of international and national law; historical and legal – for retrospective analysis of the concept of social responsibility; special legal – for in-depth analysis of the regulations governing the procedure of investment; systematic approach and logical-legal method – to analyse the impact of some factors on the investment activity of individuals and some elements of the formation of logical and specific theoretical and applied conclusions. In conclusion, the authors define responsible business as a set of generally accepted norms, rules and principles that are voluntarily implemented by companies in order to achieve the goals of sustainable development of society; they are not part of the national legislation of Ukraine, but their observance indicates a certain business reputation of the business entity. For institutional investors, responsible corporate governance includes two main groups of activities of an institutional investor: "responsible attraction" of funds and "responsible investment" of funds of individual investors. The authors proposed to divide the responsible business conduct of an institutional investor to manifest its social responsibility into "responsible attraction" of funds and "responsible investment" of funds.

Организационно-правовые основы управления профессиональным психологическим отбором в войсках национальной гвардии России

<p style="text-align: justify;">A study of organizational and legal foundations of the management of professional psychological selection in the National Guard has been carried out, which is a very relevant task. The significance of the problem of cognition of its objective characteristics is determined by the specifics of the professional activity of servicemen and the social significance of their tasks. The management of this selection has its own organizational and legal foundations, which requires their scientific conceptualization and a disclosure of their characteristics, since such attempts have not yet been made in scientific literature. The authors used the theoretical provisions of an integrated approach towards the study of a person, methods of comparative legal research, as well as various analytical, regulatory, legal, organizational and managerial materials. The authors identified and substantiated a multi-level system for managing professional psychological selection in the troops of the National Guard of Russia, its regulatory and organizational basis. Revealing the features of managerial activities for the implementation of professional psychological selection measures, its organizational structure and main characteristics are analyzed in detail.</p>

Trafficking on Trial: The Judge, the Pimp and the Victim

Based on an ethnography of French trials for trafficking in human beings and aggravated procuring, this article seeks to contribute to the analysis of the reframing, in penal terms, of the struggles engaged in the name of social justice and women’s rights, of which anti-trafficking policies are particularly emblematic. Studying the judging practices and logics at stake during trials reveals how fantasized representations of the pimp and the victim take on substance. In particular, I argue that judges invoke a set of gendered, sexualized and racialized extra-legal norms, which, along with their legal foundations, constitute their knowledge base and impose a moral and penal hierarchy among litigants. Therefore, not only does this analysis contribute to defining the contours of the elusive figures of the pimp and the victim in the penal arena, it also exposes how maintaining public order is based on the perpetuation of a gendered and sexual national order in the name of gender justice.

Analisis Pelanggaran Hukum Pidana Khusus Pemalsuan Dokumen Perjalanan Oleh Warga Negara Asing

Indonesia is a rich country and has a strategic location because many travelers pass through it, not a few of whom also have bad desires or goals to disrupt the security and order of the sovereignty of the Indonesian territory. Phenomena that are often found in the context of threatening sovereignty can be found in violations of special criminal law such as criminal acts of falsifying travel documents committed by foreign citizens so that they can enter Indonesian territory. It cannot be denied that they could commit criminal acts that cause unrest among the Indonesian people. Alone. Immigration is an official government institution or agency and is responsible for problems related to the entry and exit of people into Indonesia's sovereign territory. Immigration also requires various preventive efforts to be carried out to limit and even eliminate threats from surveillance, investigations and even investigations in order to uphold Indonesia's sovereignty. Immigration always carries out its immigration function based on Article 1 point (3) of Law Number 6 of 2011 concerning Immigration where immigration carries out its duties in immigration services, law enforcement, state security, and facilitator of community welfare development. In determining various actions, immigration always has clear guidelines based on the legal basis that is still valid from both national and international legal grounds because immigration is always related to the international scope.

THE EMERGENCE OF THE ADMINISTRATIVE JUDICIARY: AN APPLIED STUDY COMPARING THE SIMILARITIES AND DIFFERENCES BETWEEN QATAR AND BRITAIN

Objective: This study aims to analyze and compare the emergence of administrative judiciary systems in Qatar and Britain. The administrative judiciary plays a crucial role in ensuring the rule of law and protecting citizens' rights in modern legal systems. By examining the similarities and differences between these two countries, this study seeks to shed light on the factors that have influenced the development and implementation of administrative judiciary systems.
 
 Method: The research methodology employed in this study includes a comprehensive literature review, analysis of legal frameworks, and comparative analysis. The study explores the historical background and legal traditions of both Qatar and Britain to understand the contextual factors that have shaped their administrative judiciary systems.
 
 Result: The findings of this study reveal to: both countries have legal frameworks and court structures in place to regulate administrative matters. Second, they differ in their legal foundations, with Qatar following a civil law system and the United Kingdom adhering to common law principles. Third, the scope of judicial review varies, with Qatar focusing on legality and procedural fairness, while the United Kingdom has a broader scope that includes the merits and reasonableness of administrative decisions. Furthermore, the study identifies key factors that have influenced the emergence of administrative judiciary systems in these countries. The study also highlights the impact of international legal norms and practices on the development of administrative judiciary systems. The findings of this study can inform policymakers and legal practitioners in their efforts to strengthen and improve administrative judiciary systems.

Britain and the League of Nations: Was There Ever a Mandate for Palestine?

Upon capturing Palestine in December 1917, Britain assumed the role of belligerent occupant, and therefore, it had no power to alter the legal order of the country, which it nonetheless did in 1920. In order to grant itself full power of governance over Palestine, Britain drew up the “Mandate for Palestine,” a document in which it declared its aim of promoting a Jewish “national home” in Palestine. This article examines this and other documents from the 1920s to argue that Britain did not have the legal grounding to alter its status as belligerent occupant, and that the League of Nations never took a position on Jewish territorial rights or on the legality of Britain’s governance of Palestine. It argues further that the United Nations misread this history in 1947 when it took the Mandate for Palestine as a commitment of its predecessor to Jewish territorial rights in Palestine, and thus, as a basis for recommending the partition of Palestine.

De los datos a las decisiones: estrategias de control bajo un modelo de gestión por resultados en la defensa jurídica del Estado

In the fabric of public management in Colombia, two fundamental elements emerge as protectors of the State: fiscal control and legal defense. Often, these essential pieces go unnoticed but are vital for ensuring the fulfillment of the objectives of the rule of law and the protection of public resources. In this article, we will explore the importance of fiscal control and legal defense in Colombia, from their legal foundation to the latest innovations, such as the State's Litigation Information System and the Results-Based Management Model.

Тщетность договора, наступающая вследствие существенного изменения обстоятельств

The author considers the operation of the doctrine of frustration in English law and the limitations of its application. The paper analyses the legal foundations on which the English courts rely in applying the doctrine of frustration and concludes that the best foundation for its application is the construction of the particular contract, which determines the content of the parties’ obligations. The paper considers the effect of the doctrine on commercial contracts concluded under the Sale of Goods Act 1979. The author compares the English frustration and the Russian institution enshrined in article 451 of the Civil Code of the Russian Federation.

Legal grounds for recognition of marriage and marriage agreement as fictitious

The relevance of the research topic is connected with the fact that marriage and family relations are of the most importance for society. A person's health, well-being, ability to work, and his/her relationship with other members of society depend on family relationships. Today, it is important for the development of law to establish in people's minds the possibility and sometimes even the necessity of concluding marriage contracts, because it makes it possible to discover the reality of the intention of the other spouse, in order to avoid problems with the division of property. But this is possible only if there are available and understandable rules and the mutual desire of both parties. Conducting scientific research makes it possible to identify problematic points and propose more profitable legal mechanisms for the regulation of social relations. The most common and, at the same time, the most complex category are disputes over the recognition of marriage contracts as invalid. In the process of their consideration, many questions arise, the answers to which are missing both in the legislation and in the explanations of the Supreme Court of Ukraine. The situation is complicated by the fact that it is new for law enforcement practice and this category of cases has a certain specificity. In law enforcement, ambiguities arise when resolving cases of invalidity of marriage and application of the consequences of invalidity. There is no uniformity when deciding the issue of persons who have the right to challenge in court a fictitious marriage, another invalid marriage or the abuse of the right. Ambiguities concern the procedure for invalidating a dissolved marriage, concluded with a violation of the degree of consanguinity or in the presence of another registered marriage; approaches to the regulation of relations regarding the exercise of the rights of persons who are or were in an invalid marriage; regulation of contractual relations of persons who entered into civil and family legal relations with them. In the scientific literature, the criteria of invalidity, the grounds and consequences of the invalidity of a fictitious marriage, as well as the common and different between the invalidity of a marriage and an invalid agreement are not sufficiently presented, the concept and content of the invalidity of a marriage contract are not developed. It became necessary to distinguish between persons who are in an invalid marriage and persons whose marriage has been declared invalid. Persons who are in an invalid marriage should be recognized as fictitious spouses. The spouses (or one of them) know that they are in an invalid marriage, but before it is contested, there is a fiction of reality, that is, they (or one of them) create for all other persons the appearance of the reality of marriage, a false idea of marriage. However, according to the legislation of Ukraine, these persons are spouses. Persons whose marriage is declared invalid due to their (one of them) violation of the conditions for the validity of marriage and obstacles are unfaithful spouses. A fictitious marriage can be grounds for invalidating a marriage contract

ТЕОРЕТИКО-ПРАВОВЫЕ АСПЕКТЫ СТАНОВЛЕНИЯ И РАЗВИТИЯ ИСЛАМСКИХ ПРИНЦИПОВ БАНКОВСКОГО ДЕЛА И ФИНАНСИРОВАНИЯ В КР

This article describes the stages of formation and development of Islamic principles of financing in the Kyrgyz Republic, in terms of the formation of new financial levers. The review begins with the state of Islamic finance both in countries with the traditional religion of Islam and in Western countries (USA, UK, Luxenburg). The article analyzes the theoretical and legal foundations, which provide in-depth understanding of the ongoing processes in the Kyrgyz Republic. An overview is given of the development of the regulatory framework, stages of implementation, as well as the current state of the banking sector providing Islamic finance services in the Kyrgyz Republic. As a result, the article traces the idea of the possibility of a comfortable and progressive symbiosis of some elements of Islamic law and the current secular legislation of the Kyrgyz Republic, in particular in the field of finance.

한국과 일본의 통합교육 관련법 비교 연구

[Purpose] This study aimed to compare and analyze the laws related to inclusive education in South Korea and Japan according to Article 24 of the UN CRPD, in order to draw implications necessary for realizing inclusive education that meets the standards of the international community.
 [Methods] To achieve this, an analysis framework was developed based on the text of Article 24 of the Convention, and the inclusive education laws of both countries were compared.
 [Results] The main research findings are as follows. First, both countries have established legal foundations for the philosophy of inclusive education, but Japan has systematically laid the legal groundwork for the construction of an inclusive education system by revising its laws in accordance with the UN CRPD. Second, the responsibilities of the national and local governments for promoting inclusive education are specified in the laws of both countries, but whereas Korea focuses on special education policies, Japan manages policies comprehensively among various ministries. Third, in terms of support at the level of institutions operating inclusive education, Korea specifies the relevant content in law more concretely than Japan, but it was found that there is a lack of manuals or guidelines that can be utilized in the field.
 [Conclusion] Based on these findings, proposals were made for the legal and environmental improvements necessary to enhance the quality of inclusive education in Korea, in line with the final recommendations issued by the UN CRPD.

현대 사회에서 헌법상 근로자 개념의 재구성

This study explores the necessity and direction for the reconstruction of the constitutional concept of workers in light of changes in the contemporary labour environment. The emergence of diverse forms of labour that transcend the traditional “blue-collar” worker calls for a reassessment of the concept of workers as defined by labour law. However, the Korean Constitutional Court bases its definition of constitutional workers on labour law, while the legislature has been reluctant to amend the provisions defining workers for decades. In this context, courts attempt to include various forms of labour by expanding the interpretation of existing legal definitions. However, such judicial interpretations seem insufficient to keep pace with changes in the labour environment, complicating the law’s consistency, thereby increasing the complexity and placing an undue political burden on the judiciary. Based on this analysis, this study emphasizes that the primary responsibility for encompassing new labour realities through legal amendments lies with the legislature, advocating the necessity to reset the constitutional concept of labour as a basis for legislation and a standard for constitutional review in the post-remedial process. To this end, this research reinterprets Hugo Sinzheimer’s concept of labour constitution in a contemporary context and derives indicators for a new concept of workers that surpass dependency theory, aiming to provide a legal foundation that can flexibly and resiliently respond to the complexities of the labour environment. This study proposes setting the concept of workers as a higher-order concept and, based on this, suggests ways to diversify the concept of labourers and labour laws at the legal level. Traditional labour relations will be covered by the regulation of existing labour laws, while emerging grey areas will be encompassed through individual labour laws. Such an approach to diversified individual labour laws ensures that the constitutionally granted labour rights and the diversity and specificity of labour relations are harmoniously reflected, ultimately guaranteeing an equal level of protection for all workers.

INTERNATIONAL LEGAL FOUNDATIONS OF THE CRIMINAL LEGISLATION OF THE RUSSIAN FEDERATION

The article is devoted to the study of the international legal foundations of modern criminal law, the possibility of classifying international legal acts as sources of criminal law, determining their legal force, overcoming conflicts and competition between the norms of international criminal law and national legislation. The paper examines the established approaches to the application of self-executing and non-self-executing international legal norms in criminal cases. The author comes to the conclusion that the Criminal Code of the Russian Federation has lost the status of the only source of criminal law, since in addition to the Criminal Code of the Russian Federation, the Constitution of the Russian Federation, as well as generally recognized principles and norms of international law, as well as international treaties of the Russian Federation, can be attributed to them.

On the issue of legislative regulation of the status of federal territories in the Russian Federation

In this article the authors’ concept of certain provisions of the framework Federal Law ‟On Federal Territories” is presented. The researchers proposed a structural vision of the future legislative act, concretised the norms defining the general principles of the legal status of federal territories: the subject of regulation and the purpose of the adoption of the federal law, basic terms and concepts, the principles and procedure for the formation of federal territories, their types, the purpose and grounds for the creation of federal territories. The article also analyses the legal foundations and doctrinal approaches mediating the procedure for the creation and functioning of territorial units of a special type in the system of public authority of the Russian Federation.