Legal Legislation Research Articles

The Unprosecuted Taiwan Homicide, the Unaccepted Extradition Law Amendment Bill and the Underestimated Common Law

The 2019 Hong Kong Protests arose out of the popular opposition to a Bill that the Hong Kong Special Administrative Region (HKSAR) Government introduced to amend, generally, fugitive offenders and mutual legal assistance legislation. The Government claimed that the Bill was necessary to address “loopholes” identified in the handling of a case of homicide of a Hong Kong-resident woman in Taiwan by her Hong Kong-resident boyfriend who, having committed the homicide, returned to Hong Kong and was prosecuted only for money laundering. This article addresses two sets of legal issues concerning the Bill. First, it asserts that contrary to the Government's contention, the HKSAR courts do have jurisdiction to try the suspect of the Taiwan homicide case for the common law offence of homicide here. Next, the provisions of the Bill are examined to explain not only its principal flaws but also the implications from those flaws that fuelled the opposition against the Bill. In conclusion, some suggestions are made on judicial cooperation between Hong Kong and the “One Country” in criminal matters based on Hong Kong’s flexible and resilient common law legal and judicial systems.This paper is to be published in a forthcoming issue of the Hong Kong Law Journal.

TAQNĪN AL-AHKĀM (Telaah Sejarah Legislasi Hukum Perdata Islam dalam Hukum Nasional Indonesia)

In establishing law (istinbath al-hukm) Islam uses an approach to the al-Qur'an and al-Hadith, where both are references to all legal problems. Indonesia is a country with the largest majority of Muslims in the world. Not so, the existence of Indonesia as a law state that adheres to a democratic system requires the existence of Islamic legal legislation from living law to legal law. Where, Fiqh began to be formulated into constitution. Therefore, Indonesia, which is known as the trias politica government system (Judicative, Executive and Legislative), must also provide space for Muslims in the National Legislation Program (Prolegnas) to form Islamic law in Indonesia. This legislative process in Islam is known as Taqnīn Al-Ahkām (legal legislation).

Problems of Legal Regulation in the Digital Space Relations

Introduction. The era of digitalization sets for researchers the task of systematizing the essential features of digital space, identifying the essence of the “right to the Internet” and the legitimacy of limiting the digital rights of citizens. Theoretical Basis. Methods. The authors studied the peculiarities of the digital environment as a specific integral area of legal regulation, the doctrine and legislation of several countries on the topic which determines the basis for the regulation of digital space in Russia. The formal legal method, synthesis, analysis, induction and deduction were used as research methods. Results. The wording of the basic concepts in the area under study is proposed: digital space, digital region, digital platform, etc. The measures to eliminate “digital wells” are indicated. The main properties of the information space and its derivatives are considered. The effects of any contradictions in the legislation of the country are shown. Discussion and Conclusion. As the study showed, the latest innovations in the legislation contravene the principle of the balance of interests, fail to meet the requirements of observing the rights of a person and citizen, and contradict the Constitution and international treaties of Russia. When comparing these measures with their foreign counterparts, a search was made for their potential shortcomings and proposals were presented on possible directions for their correction, taking into account the particular characteristics of digital space.

Релігійна толерантність в аспекті європейського конституціоналізму: пошук правових меж

Релігійна толерантність виступає проблемою взаємодії різних культур і цивілізації, а також діалогу всередині культур.
 Метою статті є аналіз правових меж релігійної толерантності, визначення кола теоретичних і практичних проблем щодо принципу державного нейтралітету в релігійних питаннях крізь призму судового рішення, яке потребує правового врегулювання.
 Наукова новизна полягає у пошуку шляхів зниження конфліктогенного потенціалу в сучасній Україні у зв’язку з частими проявами нетерпимості між прихильниками різних релігійних світоглядів та інтеграцією держави у світову спільноту.
 Висновки. Полеміка про розміщення релігійних символів у публічних місцях і досягнення правильного балансу між конкурентними правами (коли меншини дотримуються своїх релігійних свобод, і в багатьох випадках релігійна більшість бореться за збереження статусу-кво у своїх привілейованих позиціях) ще далека від своєї завершеності й потребує подальшого різнобічного осмислення в контексті взаємодії міжнародних правових норм і національного законодавства.
 Підхід до вирішення цього питання повинен забезпечуватися національним правом, однак обсяг розсуду, наданий державі, не є завжди однаковим. Незважаючи на те, що Суд не повинен встановлювати єдині стандарти, усе ще важливо, щоб він надавав рекомендації щодо орієнтирів, які держави повинні враховувати при розробці державної політики, антидискримінаційного законодавства та практики, щоб виконати свої зобов’язання щодо дотримання основних прав.
 Релігійна толерантність являє собою той вимірювальний засіб, за допомогою якого європейська спільнота знаходить свої нові риси й порушує питання про власну ідентичність і про роль релігії у її формуванні. Реалізація ідей толерантності в нових умовах не відбувається без використання правових механізмів. Держави на сучасному етапі повинні прагнути до створення такого політико-правового режиму, який найбільшою мірою сприяє зміцненню ідей толерантності в суспільній свідомості. Тому потребує вдосконалення відповідна система правових стимулів і обмежень, профілактики та юридичної відповідальності за правопорушення в цій сфері.

Уголовная ответственность в сфере медицинской деятельности: правовая практика и тенденции законодательства

Уголовная ответственность в сфере медицинской деятельности: правовая практика и тенденции законодательства

Building NED: Open Access to Australia’s Digital Documentary Heritage

This article charts the development of Australia’s national edeposit service (NED), from concept to reality. A world-first collaboration between the national, state and territory libraries of Australia, NED was launched in 2019 and transformed our approach to legal deposits in Australia. NED is more than a repository, operating as a national online service for depositing, preserving and accessing Australian electronic publications, with benefits to publishers, libraries and the public alike. This article explains what makes NED unique in the context of global research repository infrastructure, outlining the ways in which NED member libraries worked to balance user needs with technological capacity and the variations within nine sets of legal deposit legislation.

On the Concept of Legal Education

The paper attempts to conduct a comprehensive study of legal education as a legal category. Modern scientific approaches to the definition of the concept of legal education are considered, a distinction is made and the relationship between the legal phenomenon under study and related legal categories is determined. The author comes to the unequivocal conclusion that legal education as a legal category has an independent legal significance. Based on the analysis of modern scientific legal literature and current legislation, the author identifies features of legal education that clarify and supplement the existing concepts. Today, legal education is an independent direction of state policy. The measures implemented in the system of legal education act as a kind of tool for the formation of a legal culture and stimulate the active lawful behavior of individuals. The purpose of legal education is to ensure the full legal socialization of a person, and the final expected result is the formation of a high legal culture of society.

Evaluation of Legal Legislation Compliance and Readability of Clinical Trial Informed Consent Forms.

The volunteers approached for participation in a clinical trial should be given detailed and understandable information about the study through an informed consent form (ICF) before enrollment. In this study, we evaluated clinical trial files submitted to the Turkish Medicines and Medical Devices Agency (TITCK) to investigate the compliance to legal legislation and readability of ICFs as well as the factors affecting them. This is a descriptive, cross-sectional study. We evaluated 160 ICFs in the phase II-IV clinical trial files submitted to TITCK in 2016 to determine their compliance to legislation (n = 160) and to assess their readability (n = 152) using Atesman formula. Overall compliance score was calculated. ICFs were also evaluated in terms of written format (font size, line spacing, section headings) and page count. Statistical analysis was performed with chi-square, Student's t test, analysis of variance, Mann-Whitney U, and Kruskal Wallis analysis. Compliance to legislation and suitability of written format of international trial ICFs were significantly higher than those of national trial ICFs. Most of the national trials were investigator initiated. Readability was low in both national and international trial ICFs where the text was longer in the latter. Results showed that researchers need easy-to-read ICF writing training that fits legal regulations.

INTERNATIONAL COOPERATION IN THE «WAR» WITH TRANSNATIONAL ORGANIZED CRIME

The article states that one of the main tasks of the international community in the field of law enforcement is to ensure the inevitability of punishment of a guilty person for all elements of criminal offenses, regardless of the place of their commission, every serious crime should be punished. Expanding the scope of transnational organized crime involved in trafficking in human beings, human organs, drugs, weapons is one of the most serious threats to national security, both as a single state and as a whole in the world. Opportunities that are used by transnational organized groups are striking in their scope, means of communication, transport connections, and global reach. Their activities can lead to destabilization or criminalization of economically weak states, creation of alternative centers of government, or corruption of public institutions such as local governments, the judiciary, police and others. It is stated that transnational organized crime is detrimental to the national interests of individual countries and affects international security and stability in general, and the development of effective measures to counter such crimes is a task of the international community. In order to combat transnational organized crime, United Nations States Parties develop co-operation strategies to combat such crimes, taking into account the specificities of: the legal system, national legislation and state bodies, operational procedures, human and technical resources, approaches available to interagency and regional cooperation as well as cultural and political aspects. It is emphasized that United Nations States Parties, with the participation of specially created bodies, develop recommendations for the practical assistance in combating transnational organized crime by issuing manuals, model laws, legal commentary and other material to eliminate legal loopholes which allow criminals to escape from justice.

Intellectual Property Rights and Traditional Handicrafts: Lebanese Legal Perspective

Traditional crafts are gaining increasing economic and cultural importance. They are an essential tool for preserving cultural heritage, as well as for stimulating the national economy. Therefore, it is crucial to ensure adequate legal protection for traditional crafts to preserve them and enhance their visibility in the local and global markets. This article aims to study the effectiveness of the Lebanese legal legislation related to Intellectual Property in ensuring adequate legal protection for the traditional Lebanese handicraft sector. It also seeks to make recommendations to fill the current Lebanese legal framework gaps and meet the Lebanese artisanship needs.

Titreşime Maruz Kalan İnşaat İşçileri İçin Optimal Emeklilik Yaşı: Türkiye'de Bir Vaka Çalışması

Vibrations namely; sound waves are the waves that have a certain number of repetitions in a period. The difference from the sound waves is that the sound is transmitted through the air, while the vibration uses the solid parts of the body. Vibrations pass to operators' hands and arms and even to all their bodies from machinery and equipment used in building operations. Vibrations cause many discomforts. Especially in the construction sector, serious health problems are observed in workers working in high-frequency vibration-emitting machines and equipment. The most common of these health problems is a vibratory syndrome, which causes serious occupational and some health problems in the medium and long term. Vibration syndrome sufferers especially in construction works experience functional, social and phycological disabilities. Hence, the insurances and the depreciation of these occupations must be different from those of other employees. In this study, construction workers’ vibration syndrome risk classifications were conducted. Difficulty in tight jar opening, weak hand grip and finger color changes are among the general problems of the employees. According to the questionnaire, finger coldness and finger numbness are less common. According to this results suggestions on necessary precautions and legal legislation were presented. A Taguchi method-based optimization was performed on the retirement age of construction workers exposed to vibration. It is concluded that the working time of construction workers should be re-examined as per the analysis results. Related legislations can be kept up with the date as per the recommended retirement age for each occupation.

Terrorism and Internal Displacement in Iraq: A Field Study in Baghdad

Terrorism is a serious problem for many societies today. This research aims to identify the impact of terrorism and displacement crisis on human security, which was a shock to the Iraqi society in terms of its impact on the psychological, social and economic conditions of the individual, family, and society. The variety of methods of carrying out the terrorist operations that resulted from the phenomenon of human displacement witnessed by Iraq since the middle of 2014. This phenomenon has its demographic, political and social dimensions. In order to achieve the goal of this study and the importance of the subject, the social survey method was used by selecting a sample of 200 IDPs in a compound for displaced families (tent of Iraq). The main findings of the research are that the vast majority of respondents stress the responsibility of official local authorities and international organizations to assist the displaced and secure their chances of recovery and that most of the respondents are embarrassed to be called IDPs. The study found a set of important conclusions and recommendations calling for the legal enactment of the rights of displaced persons and protecting them from all forms of violence and neglect. The most important recommendations of the modest research focus on the reintegration of displaced people and return them to the community and achieve their human security, as well as the enactment of legal legislation to ensure the rights of displaced people and protect them from all forms of violence and neglect and ensure their access to live a decent life.

MEKANISME PENGISIAN DAN PENEMPATAN DAN STOPPING DALAM POSISI DI PEMERINTAH DAERAH KOTA SOLOK

The specification of this study is descriptive analytical with the approach methodused is normative juridical as the main approach and supported by an empirical juridicalapproach, this means taking an approach that emphasizes on the practice of the fieldassociated with the legal aspects or legislation in force. Data sources used primary andsecondary data sources and interviews were analyzed qualitatively with the results ofanalytical descriptive data presentation.Based on the results of the discussion and analysis, it is obtained as follows: First,the mechanism of filling and placement and dismissal in functional positions,administrator positions, and high leadership positions for provisions and procedures aswell as termination of positions are regulated in Government Regulation Number 11 of2017 concerning PNS Management but provisions those that have not been regulated byfurther provisions in this PP can use existing PP provisions which may not becontradictory, including ministerial regulations that regulate technically. Second, theinhibiting factors of the mechanism for filling and placing and terminating positions in theSolok City Regional Government include: not prioritizing competence in occupyingpositions; the merit system has not gone well; Transfer / Transfer of Civil ServantsPosition between Regency / City.

Introspection of Juvenile Delinquencies

The child rights instruments legislation to protect the best interest of the children in the international and national levels are on the top of the legal legislation in the present day world. Although children are less consulted or their opinions and concerns are rarely taken into consideration in the law making process; it happens much in less developed and under developing communities as their resources and governmental structures and mechanisms could not support the legislation processes in a predefined and envisaged ways. Generally, the parents, guardians, psychologists, legislators, child care takers seemingly represent the issues and concern of the children. The superficial level of study, research and understanding in regards of the child rights protection cannot track the best interests of the children. As a result, the child policy, school educational policy and juvenile justice system are formulated. The rare participation of the children in the policy formulation process may not always yield the wider and better results for the development of the children at family, society, school and national and international level.

Regulatory Generalizations in the System of Law: The Concept, Basic Search Parameters, Varieties and Functional Meaning

Introduction: the approach to the legal system study through the prism of its regulatory properties makes it necessary to study such a phenomenon as regulatory generalizations, to establish its search parameters, varieties and functions performed in the system of law, which is the purpose of this paper. The methodological framework for the study is presented by a complex of philosophical, general scientific and specific scientific means of cognition. Results: based on studying the scientific legal literature, legislation and law enforcement practice, the paper describes in detail the main parameters, defines the main varieties and functional purpose of regulatory generalizations. Conclusions: The obtained research data on regulatory generalizations allow establishing for them an independent place in the system of law that reveals the system of law as a regulatory system consisting of a set of components which are interrelated in meaning and functions. The paper defines regulatory generalizations as relatively independent constructs in the system of law, located in its content-essential section, manifested in the regulatory legal prescriptions, which express general approaches to the legal regulation of public relations and the semantic meaning of positive law.

التحديات التي يواجهها الاعلام في ظل الدولة الهشة دراسة تحليلية للواقع الإعلامي العراقي

This study aims at defining the concept of the fragile state, a term that came into existence in 2014, when the states that had internal Problems and external interventions were referred to as the failure states. However, the indicators for their designation and the criteria adopted are 12 indicators that address all aspects of the State’s duties vis-a-vis its citizens. The study examined the reasons that led to the continuation of Iraq within the fragile states, and the selection of the five years within the time limits of the study due to the factors that led to the decline of Iraq and falling back within the most fragile countries. The study dealt with the fragile state challenges to the media reality as a result of the change of its structure because of changing the form of political system alongside the political transformations. The researcher has used the descriptive and the functional approach in the study to achieve the goal of research and analysis of the media reality, which has lost many of its basic elements to the public. The research arrived at a number of findings that revealed the reasons behind the fragility of the state and the challenges that have been reflected in the media reality which suffers from the lack of legal legislations providing access to information that is the right way to reach the truth that is still absent from the citizen who lives in a troubled environment due to the retreat of the political will and the conflicts between those in control of authority, which was a major cause of the fragility of the state, and their repercussions on the media reality, whose contribution at this stage was consistent with the orientations and rhetoric of the funding agencies of those means .In other words, it became a reflection of a divided society which is already divided at the level of sectarianism, nationalism and religion. The researcher identified the factors that influenced the media and their role in this transitional period, which was characterized by vulnerability due to weak state and performance of its functions. This requires drawing up plans, enacting legal legislations in an attempt to reduce this fragility and counter its collapse.

Специально-криминологическое предупреждение сексуальных преступлений, совершаемых в отношении несовершеннолетних

Sexual encroachments on sexual inviolability and sexual freedom of the persons who have not reached their majority age are one of the most topical and acute problems of the Russian society as for as the deformation of physical and mental development of the minors and juveniles threatens to the nation’s health. For the last few years it is observed a considerable growth of crimes concerning the minors made on sexual ground. The considerable share of crimes against the sexual inviolability and sexual freedom of the minors is characterized by the criminological relapse emphasizing the imperfection of the criminal legal legislation, and also an inefficiency of the preventive measures from law enforcement bodies. The questions of crimes prevention in any democratic state are one of priority nation-wide directions, that represents multi-level and aspect activity of the various state structures and civil institutions, directed on hindrance of committing crimes. In the article the authors offer some measures on enhancement of specially-criminological prevention of the sexual crimes made against the minors. The special attention is given to revealing of the facts of sexual violence over the minors by means of psycho diagnostics, to the officers’ training to methods of work with the minors taking into account the social-demographic features of children paying attention to age groups and difference of posttraumatic experiences from age features. The authors also pay a special attention that the results in decreasing the level of sexual criminality can be reached only after the considerable period of time at the regular and complex approach in the decision of problems not only the sexual violence, but also the violence as that.

الـ (باتولتوbatultu) في بلاد الرافدين في ضوء النصوص المسمارية المنشورة

The study dealt with a single study of batultu in Mesopotamia, its definition, meaning and precedence among the Sumerians, and those who came after them from the Akkadian, and the root of that individual in other island populations such as the Hebrews and their descendants in the legal legislations, These people have a wide range of horizons in thinking and the ability to develop language resources to suit the needs of the human community within the framework of ethics. They have created a linguistic art that touches on the self and the print and focuses on understanding the spirit of traditions and customs that they believe in family education and the family system. A mechanism of sexuality, which is the nucleus of the first and fundamental of any society by adopting moral ideas that concern the safety of the virgin girl before marriage, being the vessel in which the man puts most of what lives for him in life, but descent.

Legal boundaries and sanctions in subcontracting

Purpose- The main purpose of this study is to scrutinize the problems caused by the subcontractor business model that has been spreading in our country and in the world since the beginning of 1980s and the legal regulations to overcome the said problems. Methodology- The legal legislation regulating subcontracting and the related literature were scanned, and provisions that aim to prevent excessive contracting were examined. Findings- It was found that subcontracting has a strong tendency to exceed its purpose and related legal regulation does not meet the expectations of either employees or employers. Conclusion- Regulations that do not ignore obligations originating from global competition, aims to protect the most basic rights and values of the modern society and reinforces working peace will contribute greatly to solving this problem.

Historical School vs. Socialist School of Jurisprudence

Historical school and socialist school are inverse in nature because historical school accepts social, norms, values, custom, traditions, rites and rituals whereas socialist school rejects such instruments and supports communist doctrine and manifesto. Law is not made but found is the concept of historical jurisprudence whereas law is the instruments of exploitation by bourgeois people against proletariat people is the concept of socialist school. However, Karl Marx follows dialectical historical materialism, which resembles with the tradition of historical jurisprudence. Moreover, Neo-Marxist argues that state apparatuses are working as the instrument of false consciousness. Conversely, if we look at historical jurisprudence, Friedrich Carl Von Savigny, Montesquieu, Georg Friedrich Puchta, Sir Henry James, Sumner Maine, Herbert Spencer and Hegel are the supporters of historical jurisprudence. Yet, Savigny and Main had major contribution in historical jurisprudence. Savigny supports spirit of people and Roman law and Maine supports law in traditional society i.e. traditional command, custom and codification whereas Progressive society adapts legal fiction, equity and legislation which changes status to contract. Oppositely, Karl Marx, Frederic Engels, Evgeny Pashukanis, Karl Renner, Antoni Gramsci and Frankfurt school are the supporter of socialist tradition in law. As Marx classifies mode of production as primitive communal society, slave mode of production, feudal mode of production, capitalistic mode of production, socialist mode of production and communism, which resembles with the evolutionary historical method of analysis. And, Marx classifies reactionary socialism; feudal socialism, petty-bourgeois socialism, German or true socialism; conservative or bourgeois socialism, critical-Utopian socialism and communism. However, many country of the world follows democratic socialism with the concept of welfare state, which even accepts custom, traditions, rites and rituals religion, which is different than Marxist socialism.