Legal Foundations Research Articles

Prinsip – Prinsip Ekonomi Islam dalam Perspetif IPTEKS

The purpose of this research is to explore the principles of Islamic economics in adapting to the rapid developments in science, technology, and arts (STEM). Islamic economics focuses on several aspects, including material, spiritual, and moral dimensions. This illustrates that the principles of Islamic economics should be applied to a broader environment, including developments in science, technology, and arts (STEM). Islamic economics is a system that adheres to the principles of Islamic law (Sharia). The concept of Islamic economics includes: Balance, Justice, and Safety, which serve as the foundation for resource management. There are many opportunities within Islamic economics to establish a new financial system, such as reporting and recording based on Sharia and utilizing more optimal technology. The application of this new Sharia financial system plays an important role in strengthening the principles of Islamic economics, including the prohibition of usury (riba), uncertainty (gharar), unjust distribution of wealth, and investments that harm the community. Investment in Islamic economics is a means of placing funds with the aim of generating profit, while adhering to the principles of Islamic economics, making it a permissible activity that avoids elements of usury, gambling (maysir), and uncertainty (gharar). The implementation of these principles of Islamic economics will ultimately benefit the community and prevent any harm. People must pay more attention to the legal foundations set by Sharia, which provides clear guidelines for a prosperous and balanced life, covering both social and economic aspects as well as the environment.

ДОГОВІР МІЖ СПАДКОЄМЦЯМИ: ПОНЯТТЯ, АНАЛІЗ ХАРАКТЕРНИХ ОЗНАК У ЗОБОВ’ЯЗАННЯХ СТОРІН ТА ПРАВОВІ ПІДСТАВИ ЗМІНИ І ПРИПИНЕННЯ

Based on the deduction method, the article analyzes the contract between the heirs regarding the distribution of inheritance, which is designed to regulate the exercise of the right to inheritance. Attention is drawn to the fact that inheritance contracts are characterized by a non-competitive way of concluding contracts, which is due to the fact that inheritance is based on special relationships that make it impossible for market competition to exist between the subjects of such relationships – the heirs. The characteristic features of such a contract are singled out, namely: these contracts are concluded in connection with the opening of inheritance; have a personal trust, local and temporary character; their legal purpose is to establish by the heirs their own conditions of inheritance; these contracts directly affect property relations. The specified features made it possible to form the author’s definition of contracts on the distribution of inheritance, as contracts that provide for an agreement between the heirs who accepted the inheritance, aimed at ensuring their fair distribution of the inheritance, its share or the right to inheritance, the registration of which is possible after the expiration of a six-month period from the time of the opening of the inheritance and until the notary issues a certificate of the right to inheritance. The reasons for changing and terminating contracts between heirs are analyzed, based on cases specified by law and specific objective factors in contractual obligations. It was concluded that the legal nature of the termination of the contract is inseparably connected with the essence of the civil legal obligation, including the one that arose on the basis of the contract (contractual obligation). Accordingly, the legal grounds for terminating the obligation are, in many respects, the legal grounds for terminating the contract at the same time. At the same time, it has been proven that the grounds for termination of the obligation can be provided directly by the contract or by the norms of other articles of the Central Committee of Ukraine. Key words: obligations, change and termination of contracts, contract on distribution of inheritance, inheritance, inheritance rights.

Piercing the Corporate Veil and Its Variations (On the Example of German, American, and English Legal Practices)

The capital form of a corporate entity is currently the most prevalent form of conducting business worldwide, driven by its diverse, profitable, convenient, and investor-oriented structure. Specifically, the privilege of limited liability encourages interested parties to boldly diversify their business portfolios without the risk of losing personal assets. However, this fundamental principle of corporate law also has exceptions, known as piercing the corporate veil. Most developed countries agree that in certain cases, it is unavoidable and necessary to invoke this exceptional measure to maintain or restore justice. This pertains to the personal liability of partners in cases of "abuse of rights" within the corporate structure. This paper examines the concept of piercing the corporate veil and the various approaches developed and established in different countries. Following the introduction, there is a brief historical overview of the formation of this doctrine, which thematically encompasses the essence of legal entities—legal fictions—and their independent, separate legal status, logically leading to the possibility of disregarding this separation through exceptional measures. It is crucial to highlight the legal foundations that legitimize the application of traditional piercing of the veil in the judicial practices of different countries, making the essence of the sub-types of this doctrine comprehensible to the reader. Additionally, the research aims to showcase the similarities and differences with variations such as reverse veil piercing in American law and the doctrine of lifting the veil in English law. Furthermore, the paper presents the latest approaches of German courts regarding the application or restraint from piercing the veil, where the aforementioned American/English terminology is not used, yet the approaches are fundamentally closely related. The conclusion summarizes the results of the research conducted around the topics discussed in the article.

Application of the customs procedure of processing in the customs territory when performing foreign trade operations

The relevance of the research topic lies in the fact that the customs procedure of processing in the customs territory, which allows the use of imported goods in products manufacture for export without paying customs duties and taxes, becomes the object of close attention of foreign economic activity participants, causing both a high level of interest from the economic point of view and certain difficulties associated with its application in foreign trade. The purpose of the study is to conduct an economic and statistical analysis of the application of the customs procedure of processing in the customs territory and to propose ways to improve it. The tasks to achieve the goal were: analyzing the theoretical and legal foundations of the customs procedure application, analyzing its application, identifying the customs control stages over its application, identifying problematic aspects in its use, and proposing ways to solve them. When performing the tasks, the following general scientific methods were used: observation, induction and deduction, and collection and analysis of statistical data. As the study result, conclusions have been formulated based on the results of economic and statistical analysis of the application of the customs procedure of processing in the customs territory, the customs control stages over its application have been identified, the directions in which problems arise in the procedure application have been revealed, and proposals for their solution have been developed.

Soft power resources of sub-regional actors. Moscow’s foreign policy practice

The paper analyzes the legal foundations, institutional structure and key dimensions of Moscow’s public diplomacy (cultural cooperation, scientific and educational ties, support for compatriots abroad, humanitarian aid, economic cooperation and technological partnership). Using Moscow as an example, the authors emphasize the importance of integrating «soft power» tools into the city’s international relations to strengthen Russia’s national brand and promote its national interests.

Governance and Opposition in the Russian Federation: General Trends of Interaction

The article features the analysis of political and legal foundations of interaction between the government and opposition. According to the author, currently, the processes of perception and interpretation of democracy development, strengthening parliamentarism, and affirming pluralism of ideas, positions, views and opinions are taking place in the Russian Federation. The opposition is considered a necessary component of a political process. However, under the current conditions, there is a problem of building relationships between the government and the opposition, represented by individuals, political parties and non-profit organizations. For the further successful development of the constructive op- position, it is necessary to establish a channel of interaction between the government and opposition forces: to identify ways of interaction between the government and the opposition, to study the influence of the opposition on civil society, to take legislative measures to jointly constructively solve the problems the state and the society are both facing. The article offers practical recommendations for improving communication between the government and opposition forces.

Legal Dilemma of Abortion Regulation for Rape Victims in Indonesia from the Perspective of Justice

The legal dilemma surrounding abortion regulation for rape victims in Indonesia is a complex issue that involves moral, social, and legal aspects. In Indonesian law, Articles 299 and 346 of the Penal Code regulate abortion, while Law No. 36 of 2009 concerning Health provides provisions regarding emergency situations where abortion may be justified. This study aims to analyze these regulations from the perspective of justice, considering the rights of rape victims and the social impacts of abortion prohibitions. The research method utilized in this study is normative juridical methodology, also known as library research. Normative juridical research focuses on secondary data sources as the main reference. This secondary data consists of primary legal materials, secondary legal materials, and tertiary legal materials. The results indicate that although there are legal foundations, the implementation of abortion regulations for rape victims still faces challenges in achieving justice and protecting women's rights.

TUTELA JURÍDICA DOS JOGOS DE AZAR

Summary: This article examines the legality and regulation of gambling in Brazil. Initially, it addresses the legal and historical foundations, such as the prohibition based on moral issues, and discusses the evolution of laws, such as the Criminal Misdemeanor Law and Law No. 13,756/2018, which authorizes sports betting. The study also evaluates recent court decisions and the need for a more efficient regulatory framework, highlighting the economic and social impacts. It is intended to argue that regulation must balance revenue collection with consumer protection, preventing addiction and promoting responsible gambling. Examples of countries that have adopted successful regulatory models are mentioned as a reference.

RESPONSE OF MADURA'S NAHDLATUL ULAMA SCHOLARS TO THE INDONESIAN ULAMA COUNCIL'S FATWA ON CASH WAKAF

This research was aimed at examining the response made by the ulama (Islamic religious scholars) of the Madura Branch of the NU and to find out their reactions to the MUI fatwa concerning cash wakaf. This research was classified as qualitative. The sample for this research consisted of 101 religious scholars of the Madura branch of the NU. The research was conducted in the form of surveys and interviews with these Madura NU members, to ascertain their arguments. The results of the research obtained showed convincingly that the majority of NU religious scholars accept and agree with the MUI Fatwa concerning cash wakaf, in that the response “agree” (Setuju – S) received the highest percentage return for all items, recording positive results between 40% and 60%, whilst the percentages for the response “strongly agree” (sangat setuju - SS) was the second strongest, receiving between 19% and 48% support. Based upon the results of the interviews conducted by the researchers with the NU Madura theologians, it was their opinion that the MUI Fatwa concerning cash wakaf fulfils the requirements of Islamic religious law. Not only that, but these scholars were also of the opinion that a cash wakaf can be a beneficial social instrument and may assist in overcoming social problems in their regions. The implication of this study is that the validity of the MUI fatwa can be widely accepted among local scholars, providing a strong legal foundation for the development of cash waqf in Indonesia, particularly in Madura. This fatwa is not only recognized as valid according to Islamic law, but also serves as a basis for the acceptance of cash waqf by the public as a legitimate and effective charitable instrument Keywords: Nahdhatul Ulama’, Fatwa Commission, Cash Wakaf, Madura.

Analysis Of Land Ownership Disputes By Foreign Nationals Based On Wills: Case Study Of Supreme Court Decision No. 1134/Pdt/2009 In The Perspective Of International Civil Law

Land ownership in Indonesia is strictly regulated, especially for foreigners, through the Basic Agrarian Law (UUPA). This legal foundation limits the rights of foreigners in terms of land ownership, especially property rights, according to Article 21 of the UUPA. The case of Supreme Court Decision No. 1134/Pdt/2009 provides a clear example of how the recognition of inheritance rights for foreigners on land can lead to complicated legal issues. The method of this research is normative juridical with a statutory and case approach. This method focuses on the analysis of Supreme Court Decision No. 1134/PDT/2009 on land ownership disputes between citizens and foreigners based on wills. Primary data was obtained through court decisions and related laws and regulations, such as the UUPA, while secondary data was through legal literature, and legal periodicals In Supreme Court Decision No. 1134/Pdt/2009, legal considerations regarding land ownership by foreign nationals (WNA) based on wills are the basis of juridical considerations in the case. one of the basic principles that apply in international civil law is lex situs or the law that applies in the country where the land object is located. Based on the principle of lex situs, any breach or agreement relating to property must be subject to the law of the country where the property is located. According to an analysis of Supreme Court decision No. 1134/Pdt/2009, although foreign nationals can receive land through wills, Indonesian agrarian law explicitly prohibits foreigners from owning land. This creates a conflict between domestic law and the legal principles of international property rights protection. Decision No. 1134/Pdt/2009 became an important reference in Indonesian international civil and agrarian law.

Методологія дослідження правових засад духовно-морального виховання в системі освіти України

Scholars' attention to the issues of spiritual and moral upbringing is becoming increasingly important in the context of modern societal challenges, especially in light of the full-scale war. A significant result of any research can only be achieved by employing an effective methodology. This article demonstrates the methodological tools that can be used to study the legal foundations of spiritual and moral upbringing within the Ukrainian education system. The concepts, levels, and structure of methodology are examined. The article presents methodological principles for research, including the principles of historicism, complexity, systematization, objectivity, comparison, and practicality. Attention is given to methodological approaches such as historical-legal, systemic, comparative, psychological-pedagogical, cultural, axiological, dialectical, and interdisciplinary approaches. Among the research methods, the focus is on formal-legal, logical-legal, and comparative-legal methods. The article proposes a custom methodology for researching legal documents that regulate spiritual and moral upbringing in the Ukrainian education system. The methodology involves several stages. The first stage involves collecting legal documents regulating the educational process, with attention to sources of information and chronological classification of the collected documents. The next stage involves analyzing the legal documents, with key components being initial analysis, deep content analysis, comparative analysis, and functional analysis. The final stage involves evaluating the effectiveness. This methodology helps to identify trends and issues within the legal framework and offers recommendations for its improvement. Each component of the methodology provides a unique perspective for studying the legal foundations of spiritual and moral upbringing, allowing for a deeper understanding of their essence and significance in the educational process

The Role of the Constitution in Sweden: Addressing its Patchy Legal Legitimacy and the (Half-Way) Transition from Political to Legal Constitutionalism

Abstract The constitution holds unparalleled importance in a well-established democracy, serving as the foremost legal, political, and social document that molds the life of the entire national community. Beyond structuring the fundamental components of a state, constitutions also articulate the core values guiding both public and private actors. However, upon closer examination of realities, the idealized concept of constitutions reveals a divergence in many contemporary democracies, including Sweden. Despite aspiring to the ideal-typical model, Sweden showcases a divergence in its constitutional landscape. Certain constitutional documents in the Scandinavian country are deemed ‘fully constitutional,’ providing a solid and stable legal foundation acknowledged by both legal and political actors to shape and limit their work. On the contrary, substantial portions of Sweden’s constitutional charters appear less stable, lacking essential support within the legal discourse of the nation. This work aims to present the varying perception and utilization of constitutional charters in Sweden, exploring the factors contributing to their “political” role rather than a purely legal one in the national discourse. Additionally, it highlights recent shifts in these factors, suggesting emerging tendencies that may guide major legal actors in Sweden toward a more inherently ‘legal’ vision of the constitution as a fundamental framework for all legal and political discourse.

Tinjauan Yuridis Pasal 73 Peraturan Pemerintah Nomor 11 Tahun 2021 Tentang BUM Desa

This research aims to understand and analyze Article 73 of Government Regulation No. 11 of 2021 on Village-Owned Enterprises (BUM Desa) with a focus on the transformation of Community Revolving Funds (DBM) from the former PNPM MPd into BUM Desa bersama LKD). The research discusses the use of DBM assets from the former PNPM MPd as capital in the formation of BUM Desa bersama LKD, as mandated by Article 73 of Government Regulation No. 11 of 2021 on Village-Owned Enterprises. This regulation is in accordance with the mandate of Law No. 6 of 2023 on the Enactment of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation as a Law and Law No. 3 of 2024 on the Second Amendment to Law No. 6 of 2014 on Villages. The data collection technique used in this research is documentation with an analytical matrix instrument. This study employs a normative juridical legal research method, as the title indicates a juridical review. The research concludes that the management of DBM from the former PNPM MPd must transform into BUM Desa bersama LKD to provide a legal foundation and certainty for DBM activities, ensure the preservation of communal assets in one sub-district, and utilize DBM assets from the former PNPM MPd as capital in the establishment of BUM Desa bersama LKD. The issuance of Government Regulation No. 11 of 2021 on BUM Desa is seen as the government's responsibility in overseeing the management of DBM from the former PNPM MPd as part of poverty alleviation efforts.

Ar قاعدة: «الدليلُ إذا طَرَقَهُ الاحتمالُ سَقَطَ بِهِ الاستِدْلال» (دراسةٌ تأصيليّةٌ تطبيقيّةٌ)

This study explores the principle "If evidence is subject to doubt, its validity as proof is nullified," which has received limited analytical attention. It aims to clarify the principle's meaning, identify the Islamic legal foundations that support its authority, and establish guidelines to ensure its application aligns with scriptural texts. The study also critically examines how scholars of Islamic jurisprudence and legal theory have applied this principle, assessing whether their implementations adhered to its established guidelines. To achieve these objectives, the research addresses key questions: What is the intended meaning of the principle? What foundational sources underpin its authority? What are the guidelines for its application? What are the instances of its application or dismissal, and were they consistent with the prescribed guidelines? The study employs foundational, inductive, and critical methodologies to answer these questions. The findings reveal that the principle is best defined as follows: "The aspect of reasoning derived from evidence is nullified if the evidence is countered by an opposing possibility that is equally probable and contradicts it in judgment." This definition highlights two key conditions: the conflict between opposing possibilities and their equivalence in weight. The study concludes that only the disputed aspect of the evidence is nullified, leaving other aspects unaffected. The research further notes variability among scholars in their adherence to the principle's guidelines. While some applied or dismissed the principle appropriately, others deviated, leading to unwarranted applications or dismissals.

Hubungan Pancasila dan Hukum Konstitusi : Implikasi Terhadap Pengakuan dan Perlindungan Hukum Adat di Indonesia

This article discusses the relationship between Pancasila as the state ideology and constitutional law in Indonesia, particularly in the context of the recognition and protection of customary law. Using a normative juridical research method, the study examines the relevance of Pancasila in shaping the legal foundation and state policies that support the sustainability of customary law. The study also highlights the constitutional implications in providing formal recognition of the existence of customary law and the efforts to protect the rights of indigenous communities in Indonesia.The research findings indicate that Pancasila, as the state ideology, plays a crucial role in guiding constitutional law to protect local wisdom and cultural diversity, including in matters of customary law. Although the recognition of customary law has been accommodated within the constitution, its implementation still faces various challenges, particularly related to conflicts between customary law and national law. Therefore, synergy between Pancasila and constitutional law is needed to strengthen the protection of customary law within the framework of the Indonesian legal system.

FEATURES AND SIGNIFICANCE OF CONSTITUTIONAL CONTROL IN THE REPUBLIC OF POLAND

In this article the author examines the features of constitutional control in foreign countries on the example of the Republic of Poland. To this end, the legal foundations of the activities of the Constitutional Tribunal of Poland, which is the body of constitutional justice in this country, are examined, the competence of this body, the composition, the procedure for formation, as well as the acts and judicial practice of the Constitutional Tribunal are considered. The author emphasizes that the Constitutional Tribunal of Poland has a fairly wide range of powers, which implies a wide list of subjects authorized to apply to this body, and also that this body plays an important role in the mechanism of the Polish state.

The value of screening tools in cartel cases

ABSTRACT In this paper, we analyze the value of screening tests for competition authorities in cartel cases to raise red flags about possible cartels and as a deterrence on new or existing cartels. We start by looking at one of the main problems of screen tests: false positives. We show that multiple screen tests can function as a useful tool to reduce false positives. We then study the legal foundations of screen tests considering the EU competition law and build a case to use screen tests to trigger dawn raids.

Legal nature of notarial act: issues of normative regulation

In this article, the author examines the legal nature and content of a notarial act through the prism of its normative regulation. The author establishes that the legal term «notarial act» is perhaps the most commonly used in the acts of legislation on notary issues. However, despite the long-term use of this term and its indisputable importance in notarial activities, the legislator does not define it either at the constitutional level, or at the legislative level, or at the subordinate legislation level. It is determined that the features of notarial acts are a set of properties which make them distinctive and which can be used to distinguish them from a large volume of legal activities. These features include: the list of notarial acts defined by law; statutory consolidation of the subjective composition of notarial acts; indisputability of a notarial act; procedural form of a notarial act; and payment for a notarial act. The legislatively established list of notarial acts can be divided into the following types: certification of the fact of a citizen’s presence in a certain place, the identity of a citizen with the person depicted in a photograph, transfer of applications of individuals and legal entities to other individuals and legal entities; certification of transactions, the task of which is to certify their legality by a notary, verification of legal capacity; certification of indisputable facts. According to the territorial competence of the bodies authorised to perform notarial acts, they can be classified as follows: acts performed by public and private notaries; acts performed by officials and officers authorised to perform notarial acts; acts performed by officials of local self-government bodies; acts performed by consular offices and diplomatic missions of Ukraine. The indisputability of a notarial act is one of the main principles of notarial activity, which means that a notary may perform a notarial act only if: there is no dispute between the parties concerned regarding the rights and obligations arising from the notarial act; the rights and obligations of the parties concerned are based on legal grounds; and the documents submitted for the performance of the notarial act are valid. Notarial acts are performed in compliance with the procedural form. Violation of this procedure will affect the legality of the notarial act and, therefore, will be a reason for its appeal to the court, and, conversely, its non-violation will confirm the legality of the notarial act. A notarial act is a functionally structured system of procedural actions performed in accordance with the procedure established by law by an individual authorised by the state who carries out notarial activities in a state notary office, state notary archive or independent professional notarial activity, in particular, certifies rights and facts of legal significance and performs other actions provided for by the legislation on notaries in order to give them legal validity.

Theoretical and legal foundations of gender equality in legislation on agricultural cooperation

The article is dedicated to the investigation of theoretical and legal foundations of gender equality in legislation on agricultural cooperation. Gender equality is one of the sustainable development goals. In today’s conditions in agriculture, which is one of the leading spheres of the Ukrainian economy, including the sphere of agricultural cooperation, there is a significant gender gap between women and men, women, who live in rural areas, face a number of problems and various forms of discrimination, that is unacceptable. The article considers the historical retrospective of the women’s participation in cooperative movement through the prism of the ICA activities. It is determined that within the framework of European integration, the comprehensive promotion of gender equality in the cooperative sector of the economy of Ukraine should become one of the key factors of the national cooperative movement. In the article the author’s periodization of the development of agricultural cooperation in independent Ukraine in the context of its legislative support, which is divided into six periods, is formed. It has been established that different periods of development of agricultural cooperation in independent Ukraine, in particular in the context of legislative support, are characterized by insufficient attention to gender equality between women and men in agricultural cooperatives. It has been concluded that the legislation of Ukraine on agricultural cooperation remains incompletely gender-oriented and gender-sensitive, since it still does not contain a separate principle of gender equality in cooperatives, agricultural cooperatives, the consolidation of which is extremely important to emphasize the significance and priority of the ensuring equal rights and opportunities for women and men in the cooperative sector of the Ukrainian economy. The article emphasizes the need to supplement legislation on agricultural cooperation with the separate principle of gender equality.

The Ministry of Culture and Strategic Communications of Ukraine in the system of entities protecting national interests in the information sphere

The article examines the activities of the Ministry of Culture and Strategic Communications of Ukraine in the context of ensuring national interests and information security of the state. In the third year of the full-scale, combined with a hybrid component, the war of the Russian Federation against Ukraine, the issue of information sovereignty becomes a critical element of the country’s overall security. Attention is focused on the role of the Ministry of Culture and Strategic Communications of Ukraine as a key body responsible for the formation and implementation of state policy in the fields of culture, information policy, and national heritage. The article analyzes the organizational and legal foundations of the Ministry of Culture and Strategic Communications of Ukraine, its functions and tasks. Special attention is paid to the legal and regulatory aspects of the functioning of the Ministry of Culture and Strategic Communications of Ukraine, its evolution, as well as interaction with other state authorities, in particular the National Security and Defense Council of Ukraine, the Security Service of Ukraine, and the National Council on Television and Radio Broadcasting. Since the Constitution of Ukraine does not provide for a specific department responsible for information security, the functions of the Ministry of Culture and Strategic Communications of Ukraine are regulated by secondary legislation and specific laws, such as the Law of Ukraine “On National Security of Ukraine” and the Law of Ukraine “On Media”. The study emphasizes that the Information Security Strategy of Ukraine, approved in 2021, defines key threats and tasks in the field of information sovereignty. It also lays the foundation for coordinated actions of all subjects of state policy in countering destructive informational influences. The significance of the Information Security Strategy as an important regulatory document defining the basics of protection against external and internal threats is outlined. The Ministry of Culture and Strategic Communications of Ukraine, among other tasks, forms and publishes a list of persons who pose threats to national security. The problem of separation of powers in the field of information security is analyzed. At the same time, it is emphasized that information security remains one of the key priorities of national security, particularly in the context of countering disinformation and other negative informational influences. It is emphasized that strengthening cooperation between authorities and civil society is key to ensuring a stable information space and forming a favorable environment for the protection of Ukraine’s national interests. The results of the study are aimed at finding ways to increase the effectiveness of the Ministry of Culture and Strategic Communications of Ukraine in the context of countering modern threats and ensuring information sovereignty.