Legal Institutions Research Articles

The genesis of the casual interpretation of legal norms

The author examines the evolutionary development of ideas about the casual interpretation of legal norms. The subject of the study is the legal understanding of casual interpretation in the process of formation of state and legal institutions. The object of the research is scientific publications, monographs, textbooks, treatises and other historical sources containing conceptual information on hermeneutics, legal interpretation and, in particular, on the casual interpretation of legal norms. The purpose of the research is to reveal the paradigms of the emergence and causes of the transformation of views on the casual interpretation of the legal text. The coverage of the present issue determines the initial appeal to the origins of the formation of the hermeneutical methodology itself. The author focuses on such aspects of the subject as the initial object of hermeneutics; its main historical variations; the close connection between the emergence of hermeneutical ideas with the gradual transformation of society and its forms of organization; the problem of establishing criteria for the implementation of true interpretation. The methodological basis of the work consists in the application of a historical, logical, comparative and systematic approach. The result of the research is expressed in the establishment of dominant events that are significant for the formation of the concept of the casual interpretation of legal norms at various stages of the historical development of society. The novelty of the research is predetermined by an innovative view of the formation of the hermeneutics in the context of the development of legal casuistry and legal understanding of individual life situations. The author notes that the emergence of hermeneutical methodology most vividly correlates with the desire of the subject of law to use various interpretations of emerging incidents, including legal ones. The improvement of methods of interpretation of dreams, predictions, signs, and subsequently words and text led to the emergence and doctrinal formulation of the concept of casual interpretation of normative prescriptions. In conclusion, the author summarizes that today there is a similar general theoretical understanding of the casual interpretation of the norms of law as an independent type of interpretation.

Scaling up in community forest enterprises: the case of central Mexico

For community forest enterprises (CFEs) in central Mexico, ‘scaling up’ can be an effective means of achieving the transition to economically attractive and sustainable forest management, but little is known about the potential and challenges that they face in this regard. We used a qualitative case study to evaluate a set of variables that determine the limitations and opportunities for scaling up CFEs in central Mexico and thereby expanding their commercial capacities, activities and outputs. The framework included concepts related to sustainable forest management, natural resource governance and temperate forest ecology. We interviewed leaders of four communities (n = 30) and 15 external actors (regional industry, and national non-governmental organizations). Communities that had developed long-term plans for forest management that embrace conservation values were also those with the greatest capacity to generate sustainable income streams from diverse sources. The robust legal frameworks and community institutions that set up procedures for responsibly harvesting and selling timber, thereby generating income, offer opportunities to enhance the effectiveness of CFEs. Demand continues to grow for wood products involving skilled crafts in central Mexico, but local production remains low; a lack of access to finance imposes limits on investment in the forests and value-added options for the products and services. Market opportunities and growth are also restricted by substandard physical infrastructure (e.g., roads, electricity) limited access to finance (e.g., credit, private-sector investors), and an absence of business plans. There are no formal networks to facilitate learning among these CFEs. Scaling up for these CFEs will require access to markets, innovations, and finance to create sustainable value chains for wood and non-wood forest products. The Mexican government could be instrumental in this by incorporating the notion of scaling up for CFEs when enacting policy that builds on and supports the country’s proven models of community-based forest management. On the other hand, this approach can be useful for developing more robust theoretical and methodological frameworks that capture these complex dynamics, contribute to the theory and practice of enterprise forestry development, sustainable natural resource management, and effective policy formulation.

Analysis Of Water Loss Due To Seepage In The Irrigation Channel Of Batu Bulan Dam Sumbawa NTB

Settlement of Medical Disputes through litigation and non-litigation, a special institution which functions as a legal institution whose function is to resolve disputes, the Ethics Committee of the Indonesian Medical Discipline Honorary Council (MKDKI) was formed, the Medical Ethics Honorary Council (MKEK) Dispute Settlement through the Consumer Dispute Resolution Agency (BPSK) ). The Health Law Settlement contains various new provisions in the health sector, including procedures for resolving disputes in the medical and health sectors, prioritizing restorative justice as stated in Article 310 of Law no. 17 of 2023 Obstacles in restorative care that can arise are a lack of commitment from the parties involved in resolving a dispute peacefully, the patient insisting on defending his report/lawsuit, the process outside the court is deemed unable to realize the sense of justice that the victim desires. There is no special institution that acts as a legal institution whose function is to resolve medical disputes. to carry out settlements outside the court process.

Procedure for licensing medical activities at the present stage: problems and ways to overcome them

BACKGROUND: One of the tools for ensuring the quality of medical care and medical services is licensing procedures for admission to medical activities, which include licensing. Licensing is indicated as a mandatory condition for carrying out medical activities in the list of types of activities for which licenses are required (clause 46 of Article 12 of the Federal Law “On Licensing of Certain Types of Activities”). Since life and health are the most important universal human values and are legally enshrined at the level of the Constitution of the Russian Federation, the study of the healthcare sector, including from the point of view of legal support for procedures for admitting individuals and legal entities to medical activities, is of exceptional scientific and practical interest. It should be noted that the institution of licensing of medical activities is one of the legal institutions that is constantly undergoing legislative changes, which allows us to speak about the relevance and relevance of this issue. Issues of licensing medical activities quite often come to the attention of researchers, however, due to the dynamic changes in the current legislation on the issue under study and the presence of quite extensive judicial practice, they require additional research in order to resolve problematic issues that arise in practice. OBJECTIVE OF THE STUDY: based on an analysis of the regulatory framework for licensing medical activities, to identify problematic procedural issues and determine ways to improve the current legislation regulating the provision of medical care and medical services. MATERIALS AND METHODS: Using the method of expert assessments, an analysis was carried out of the regulatory framework of the Russian Federation regulating legal relations during the procedure for licensing medical activities by organizations of the public and private healthcare system. RESULTS: Licensing as an institution of law is complex in terms of the legal relations it generates, combining at its core the legal norms of two broad branches of law — administrative and civil. At the same time, licensing is a mandatory criterion for the functioning of a medical organization and includes a number of requirements for such organizations. Despite the extensive regulatory framework on the issue under study, licensing requirements contain a number of problematic aspects that create obstacles for licensees and license applicants and require legislative approval. In this regard, the authors have proposed ways to resolve existing contradictions by making specific proposals to change the current legislation. The proposed optimization of the licensing procedure for all participants in this process, as well as minimizing the risks arising from these legal relations, according to the authors, fully meets the objectives of ensuring the rights of citizens to high-quality and safe medical care.

The Role of Classical Islamic Educational Institutions before the Emeregence of Madrasah

<em>The purpose of this research is to investigate the role of Islamic educational institutions before the emergence of madrasahs in the intellectual and social development of Muslims. The main issue addressed is the contribution of institutions such as al-dars, ribaths, mosques, kuttabs, and scholars' houses in shaping Islamic intellectuality during that time. This study employs a qualitative approach through historical and social analysis. The findings of the research indicate that these institutions were crucial in shaping Islamic intellectuality. They not only served as places to study religious teachings but also helped disseminate knowledge, share ideas, and build the social identity of Muslims. These institutions supported the exchange of ideas, research, and the teaching of knowledge, which were essential for the education of Muslim generations. In conclusion, this research emphasizes the importance of classical Islamic educational institutions in shaping Islamic civilization. These institutions fostered a holistic educational approach that integrated knowledge, religion, and spirituality. They reflect various forms of Islamic education, allowing for comprehensive and integrated learning and continuous knowledge enhancement. The legacy of Islamic educational institutions before madrasahs historically continues to influence how we understand and approach Islamic education today.</em>

Perlindungan Hukum Terhadap Korban Kekerasan Seksual dalam Rangka Mewujudkan Keadilan Restorative Justice

Legal protection is very important and affects justice for all Indonesian citizens. According to the viewpoint of the concept of restorative justice, handling crimes that occur is not only the responsibility of the state but also the responsibility of the community. Therefore, the concept of restorative justice is built based on the notion that crimes that have caused losses must be recovered, both losses suffered by the victim and losses borne by the community. Various sensitive issues afflict the lives of women, including crimes of sexual violence (sexual violence) and sexual harassment (sexual harassment). Women are very vulnerable to becoming victims of crime in the field of decency. The efforts of legal protection agencies or advocacy institutions in creating good law enforcement really need supporting factors in order to create such legal protection properly and effectively.

The Gulf Cooperation Council Legal Order, Institutions and Taxation

Tax scholars worldwide are understandably unfamiliar with the GCC legal framework and the GCC’s role in taxation. This is because the GCC’s main agreements and the organization itself do not classify legal acts into primary and secondary acts, define the scope of supremacy of GCC legal acts over GCC domestic laws, or illuminate the direct application or direct effects of GCC acts. Consequently, the classification and nature of the GCC’s tax laws and sources are unclear. This work is the first scholarly attempt to fill this gap. It also describes the main institutions of the GCC and the role played by each institution when enacting a tax act. This work briefly refers to the European Union and the United States when analysing the GCC legal framework in order to complement the European and American readers’ understanding.

Implementation of the Rules of the Institute of Application of Ciminal Law Measures to Legal Entities in Court Practice: Results of a 10-Year Marathon

The article analyzes both criminal and criminal procedural legislation and court practice with regard to the application of criminal law measures against legal entities. The author establishes that at the regulatory level, the objective reason for the low efficiency of the rules on the application of such measures is, first of all, the dependence established by the criminal procedure legislation of Ukraine between the procedural fate of proceedings against a legal entity and criminal proceedings against an authorized person who committed a relevant criminal offense on behalf of and/or in the interests of a legal entity. The author analyzed 6 verdicts which resolved the issue of application of criminal legal measures against legal entities. As can be seen from the above analysis, during the 10 years of the legal institution on the application of criminal legal measures against legal entities, the court practice is characterized by a progressive movement from primitive decisions on the application of criminal legal measures against legal entities in the wrong procedural order provided for by the Criminal Procedure Code of Ukraine to verdicts that applied such measures procedurally correctly. In our opinion, the reason for such a small number of cases of application of criminal legal measures against legal entities in Ukraine is the fact that the procedural fate of proceedings against a legal entity is completely dependent on the criminal proceedings against its authorized person, and the lack of a single structural part of the Criminal Procedure Code of Ukraine that would regulate the procedural procedure for application of criminal legal measures against legal entities. This situation should be remedied at the regulatory level by introducing appropriate amendments to the Criminal Procedure Code of Ukraine. At the same time, there is a need to develop training activities for stakeholders – investigators, prosecutors, judges, lawyers - aimed at learning the procedure for applying criminal legal measures to legal entities. Key words: criminal law measures against legal entities, proceedings against a legal entity, criminal proceedings against an individual, authorized person of a legal entity, actions on behalf of and/or in the interests of a legal entity, representative of a legal entity in respect of which proceedings are being conducted, criminal offense, training of investigators, prosecutors, attorneys, judges.

Corporate Social Responsibility and Sustainability through Institutional Legitimacy in Police Forces

This paper analyses the effect of institutional legitimacy on Corporate Social Responsibility (CSR) and sustainability in police forces through their methods and procedures (procedural justice) that determine citizens’ trust in the police, which theoretically influences organised coexistence in human communities (social effectiveness). CSR can increase collective well-being through legitimacy, sustained by police action. An anonymous citizen survey was carried out to verify the theoretical proposal to inquire about their opinions on the legitimacy, methods, and community relations between Spanish police forces and the community. The hypotheses were analysed with a structural equation system. The practical implications aspire to know the citizens’ opinions about the methods and procedures used by the Spanish police and their relations with Spanish civilians. Finally, citizens consider that police actions and procedures are institutionally and legally regulated competencies, and, therefore, citizens cannot influence them.

Settlement Of Medical Disputes Through Restorative Justice According To Law No. 17 Of 2023 Concerning Health

Settlement of Medical Disputes through litigation and non-litigation, a special institution which functions as a legal institution whose function is to resolve disputes, the Ethics Committee of the Indonesian Medical Discipline Honorary Council (MKDKI) was formed, the Medical Ethics Honorary Council (MKEK) Dispute Settlement through the Consumer Dispute Resolution Agency (BPSK) ). The Health Law Settlement contains various new provisions in the health sector, including procedures for resolving disputes in the medical and health sectors, prioritizing restorative justice as stated in Article 310 of Law no. 17 of 2023 Obstacles in restorative care that can arise are a lack of commitment from the parties involved in resolving a dispute peacefully, the patient insisting on defending his report/lawsuit, the process outside the court is deemed unable to realize the sense of justice that the victim desires. There is no special institution that acts as a legal institution whose function is to resolve medical disputes. to carry out settlements outside the court process.

Bankruptcy law enforcement and corporate digital transformation: evidence from a quasi-natural experiment in China

ABSTRACT Digital transformation presents both opportunities and challenges for companies. However, there is little literature that investigates external factors affecting corporate digital transformation. This paper explores the impact of bankruptcy law enforcement on corporate digital transformation, using the introduction of bankruptcy courts in China as a quasi-natural experiment. Using the 2010–2019 data of Chinese A-share listed companies, we find that bankruptcy courts significantly increase digital transformation by 17.5%. The effects are driven by increased debt financing and reallocation of digital talent, and are more pronounced for firms reliant on external financing and in cities with more zombie firms. Our study highlights the importance of legal institutions in supporting digital initiatives and offers insights for policymakers and managers to drive digitalization. Future research could expand to SMEs and other influencing factors.

Navigating Legal Frontiers: Contemporary Challenges and Opportunities in the Legal Landscape

This research aims to explore the contemporary challenges and opportunities in the legal landscape, focusing on navigating the legal frontiers. A qualitative approach is employed, utilizing in-depth interviews with legal professionals, case studies, and comprehensive literature reviews. The study examines the impact of technological advancements, globalization, and societal shifts on the legal profession and its practices. The findings reveal that the legal landscape is undergoing significant transformations driven by factors such as the digitalization of legal services, the emergence of alternative dispute resolution mechanisms, and the increasing complexity of cross-border transactions. These changes pose challenges in areas such as cybersecurity, data privacy, and the need for legal professionals to adapt to evolving client expectations and market dynamics. However, the research also highlights opportunities for innovation and growth within the legal sector. The integration of legal technology, the development of specialized legal fields, and the emphasis on interdisciplinary collaboration are identified as potential avenues for enhancing efficiency, accessibility, and client-centric services. The study concludes that navigating the legal frontiers requires a proactive approach, continuous learning, and a willingness to embrace change. By recognizing and addressing these challenges and opportunities, legal professionals and institutions can better position themselves to meet the demands of an ever-evolving legal landscape.

КОНСТИТУЦИОННО-ПРАВОВЫЕ АСПЕКТЫ РЕГУЛИРОВАНИЯ СИСТЕМЫ ПРОБАЦИИ В РОССИИ

The article presents an analysis of the constitutional and legal aspects of the regulation of a new probation institute for the domestic legal system, which was conducted in the following areas: research of the probation legislation system and its sectoral nature; clarification of the subjects of jurisdiction of the Russian Federation and its subjects in relation to the activities covered by the probation system; systematization of probation principles based on constitutional norms and regulations. It has been established that the ideas of re-socialization and social adaptation of persons released from prison are not fundamentally new to domestic legislation. The model of the Russian probation system in a format that has received legislative consolidation is based on the experience of the international community and foreign countries. Representing a complex interdisciplinary phenomenon and an integrated legal institution, the probation system includes a wide range of issues related both to the exclusive jurisdiction of the Russian Federation and to the joint jurisdiction of the Russian Federation and its subjects, which reflects the principle of federalism in its organization. The probation legislation system covers regulatory legal acts at the federal and regional levels. The constitutional principles of probation include the principles of humanism, federalism, the social nature of statehood, the independence of local governments, legality, the priority of human and civil rights and freedoms, and equality.

‘The Food Must Reach the Hungry’: Lessons from Judicial Enforcement of Right to Food in India

Abstract Food security and securing right to food for all is one of the essential mandate for a welfare State especially for achieving aspiring targets of Sustainable Development Goals 2030. Judicialisation of right to food is a substantial way through which right to food can be protected and implemented at domestic level. The Indian experience of right to food adjudication depicts that the Supreme Court has carved out an expansive role for itself through judicial activism to secure the fundamental rights of the citizens. The PUCL case, popularly called as right to food case has set off a cascade of judicial action and made India a model showing how courts can effectively implement socio-economic rights through judicial intervention. This model of adjudicatory leadership by the constitutional courts shows a remedy-oriented approach which have overcome the normative concerns of democratic legitimacy and polycentricity. Courts have strengthened the institutional legitimacy through participatory democracy with citizens and adjudicated multifaceted policy concerns. The author put forth the emergence of ‘triad model’ of adjudication where interaction of courts, local bodies and citizens makes enforcement of the right more practicable. The article concludes that Courts can be a catalyst for transforming public policy implementation by securing basic right to the citizens through innovative remedies.

О злоупотреблении правом в гражданском процессе

Procedure of the Institute of Justice of the Baikal State University The article examines certain aspects of abuse of law in civil procedure. The author has identified the reasons for the lack of a single legal definition of the legal institution under study in civil procedural legislation, which makes it possible to identify its main features. It has been established that such reasons are the evaluative nature of the legal phenomenon, the variability of forms of abuse of law, the need to maintain a balance with the principle of competition, and a special subject of proof. In addition, the author examined the features of legal counteraction to abuse of law in terms of exercising the right to receive compensation, identified problems of legal regulation that impede the widespread use of the opportunities provided by the legislator, and also suggested ways to improve the current procedural legislation. The author’s proposals are to develop a detailed counteraction mechanism that would exclude the court’s condoning of the illegal behavior in question.

Личность в истории российского следствия: пример А.Ф. Балмина

The article highlights the main milestones of the biography and professional path of one of the best investigators of the Soviet period of the Mordovian ASSR – Alexei Fedorovich Balmin. The research methods include observation and interviewing. The methodological approach is a legal and anthropological one, which helps to identify the role of the individual in state and legal processes and public life. The effective functioning of State legal institutions, including law enforcement agencies, is determined by the professionalism, business and personal qualities of their employees.

Is temperature adversely related to economic development? Evidence on the short-run and the long-run links from sub-national data

We examine the effect of rising temperatures on regional economic development, using annual sub-national data for over 1500 regions in 152 countries between 1990 and 2017. In a panel setting with region- and country-year fixed effects, we find no evidence of a homogeneous or heterogeneous effect of rising temperatures on economic development as measured by regional per capita income. Additionally, we find no non-linear relationship between temperature and economic development. We also employ a long-difference approach that is attuned to exploring the long-run relationship between rising temperatures and regional income. Results indicate that rising temperatures have a negative long-run impact on regional per capita income for a minority of regions located in countries with weak economic, legal and political institutions. Furthermore, these vulnerable regions experience a decline in long-term population and human capital development. The use of alternative regional per capita GDP data from 1950 onwards yields similar empirical results. Our findings suggest that negative economic effects of temperature increase with time, only becoming apparent in the long run for regions in already disadvantaged countries. Thus, country-specific conditions may moderate regional economic vulnerability to future temperature increases due to global climate change.

التحكيم الالكتروني الدولي ومدى كفاية قواعد الاسناد في القانون المدني العراقي لتحديد القانون الواجب التطبيق على موضوعه وسير إجراءاته

The electronic arbitration is applied by the agreement of the arbitration parties to submit their disputes arising from contracts concluded by electronic means to a third party to decide them according to based on the parties' agreement, by modern communicating means and electronic technologies different from traditional means used in traditional arbitration. The electronic arbitration will be international, if the legal relation which is the subject-matter of the arbitration, is a legal relation interspersed with a foreign element. Or a special international contractual relation. It is worth-bearing in mind that although Iraq did not issue an international electronic arbitration law, but this study tried hard to determine the applicable law to both the procedures and the subject of the international electronic arbitration in conformity with the legal provisions available in the Iraqi law. We tried hard, in order to perform this legal institutionalization, to resort to some texts of the Iraqi Civil Law No. (40) of 1951, the law of civil procedures No. (83) of 1969, and the law of the electronic signature and electronic bargains No. 78 of 2012.

Rozwój nowoczesnych technologii w zatrudnieniu a konieczność wprowadzenia odrębnej instytucji prawnej, jaką jest prawo do bycia offline

The subject of the article is the assessment of the legitimacy of introducing a new institution to Polish law, which is the right to be disconnected. According to the authors, this is unnecessary. Based on the analysis of the regulations and the jurisprudence of the Supreme Court, they show that the Labour Code guarantees people who use modern technologies the right to rest. However, the authors agree, that the problem is the practical application of these provisions. Therefore, in their opinion, instead of introducing a new legal institution, it is necessary to increase the legal awareness of workers so that they know what their rights are in this area and, if deemed appropriate, to increase the sanctions for non-compliance.

Why Institutions Matter for Eco Currency

Abstract This paper analyses the feasibility of Eco currency to be introduced in fifteen West African states based on political, legal, social, and cultural factors. It aims to examine the core institutions underpinning the creation of the Eco currency and how they can best be designed to achieve the objectives of the single currency. The paper utilises a normative approach to analyse the institutions of the Economic Community of West African States (ECOWAS) to decipher the strengths of these institutions in creating and sustaining the single currency. Most studies on Eco currency have analysed the feasibility of Eco based on economic considerations. While economic factors are pertinent to creating a single currency, this paper highlights the importance of effective political, legal, and socio-cultural institutions to harness economic considerations for the common currency to be successful launched. This paper postulates that only effective and well-designed institutions can lead to a successful launch of the Eco currency.