Legal Means Research Articles

Get Peace of Mind with Do-It-Yourself Living Wills: The Digitalisation of Medical-Legal Practice and the New Post-Covid 19 Approach

“The automatisation of the core tasks performed by legal practitioners […] is an ongoing and open-ended process” (Schäfke-Zell & Asmussen, 2019, p. 65). “A host of innovative legal-tech companies have entered the market of legal service providers, presently challenging the lawyers’ monopoly over the practice of the law, and ultimately, altering the mode of production in the legal field” (Caserta, 2020, p. 1). Beginning with these assumptions, this study draws on ongoing research on healthcare powers of attorney, living wills, and advance directives (Giordano, 2019, 2021) and will explore the current radical changes and restructuring of modalities of production in medical-legal documents and in the delivery of legal services. The legal websites in the corpus under investigation provide guidance in creating a personal living will according to well-established legal procedures that are pursuant to the laws and regulations of a particular state or country. Living wills and advance directives are signed documents in which the declarants state whether or not they wish to be kept alive using artificial means in the event a doctor declares their death to be imminent. Doctors and medical practitioners are legally bound to follow these directives. Following the increased digitalization of the legal field, these documents are now frequently drafted and completed online, thus embracing the full potential of the new technologies available today. Both verbal and visual rhetoric (Murray, 2014; Sherwin, Feigenson, & Spiesel, 2005) will be investigated to ascertain whether and to what extent digital transformation is redefining the ways in which this legal service is offered, thus promoting greater understanding and wider knowledge of a controversial issue such as making decisions regarding one’s end of life and the choices available among various life-prolonging measures and treatments. The research aims to determine whether the new digital genres can help translate the specific constraints and demands of legal argumentation into new popular, cultural and technological discourse which better appeals to peoples’ emotions and values. The legal sector’s increasing use of digital forms and templates embellished with visual and multimedia content may at once have a commodifying and democratizing effect. Legal meanings and services in the new legal market (Schäfke-Zell & Asmussen, 2019, p. 66) might be better understood and internalized, thus reinforcing and disseminating the emerging vernacular of digital culture along with law, regulations and legal institutes and instruments, which would otherwise be difficult for a layperson to comprehend or accept (Anesa, 2016; Calsamiglia, 2003; Calsamiglia & van Dijk, 2004). In addition to this process of democratization of new media, the Coronavirus pandemic also contributed to changing people’s approach to life (Garzone, 2023) and to living wills, triggered by an increased sense of precariousness of life and imminence of death. English-speaking countries, in particular, have seen a surge in people updating and altering advance directives as a result of the complications caused by the disease; different steps might be taken now, when current documents may be dangerously inadequate. The best ways to update existing texts to the new post-Covid 19 conditions therefore call for thorough investigation.

Legal Protection of Genetic and Genomic Information in Genomic Legal Relationship: A Civil Law Aspect

Genetic and genomic information has enormous potential. In the near future; such information may be determined as an integral part of the world order in general; and the legal order in particular. The author examines the modern theory of legal relations; applying it to genomic legal relations regarding genetic and genomic information and methods of protecting such information. The author examines the mechanism of civil law protection to identify those legal means by which it is possible to ensure legal protection of genetic and genomic information. The research is aimed at studying the mechanism and illustrating the legal means of ensuring the protection of genetic and genomic information.

RETROSPECTIVE ANALYSIS OF DESIGNING ANTI-CORRUPTION ACTS AT DIFFERENT LEVELS OF INTERNATIONAL LEGAL ANTI-CORRUPTION

It has been established that international legal countermeasures against corruption are carried out at three levels: global (by the United Nations, the Organization for Economic Cooperation and Development, the World Bank, etc.); regional integration (Council of Europe, European Union, other integration associations); bilateral intergovernmental and interagency cooperation. There is no coordination of directions and means of combating corruption between them. Therefore, international anti-corruption activities at all three levels developed not only in different directions, but also in many ways spontaneously. It has been proven that the wide participation of international organizations in the fight against corruption and the variety of anti-corruption legal means used by them contribute to the concentration and coordination of the efforts of states in the fight against corruption. Another positive effect of the acts of international organizations is also noted: drawing the attention of civil society to the tasks of combating corruption, they significantly strengthen the potential for their full solution. On the other hand, the variety of subjects and legal forms of international legal anti-corruption often create legal conflicts between acts operating in this area. Such collisions create, for example, different approaches to defining the concept of corruption. It is noted that the concepts of designing anti-corruption acts, based on the ideas and methods of system design of complex technological processes and objects, are more and more widely used in the law-making practice of international organizations and states of the modern world. Their influence on the legal regulation of social relations is increasing, confirming that at the current stage of socio-economic, technological, informational development, the complication of social relations, the rapid increase in their quantitative parameters and indicators, the growing danger of man-made and natural disasters, the introduction of system design becomes impossible. It is gradually displacing the maximally ineffective under such conditions practices of «industry», «fragmentary», «point», «situational» legal regulation. It has been established that the systematic design of anti-corruption acts primarily involves conducting comprehensive studies of law-making initiatives. In the course of such studies, all factors that may affect the intended sphere (object) of legal regulation must be analyzed; the opinions, positions, and evaluations of not only regulatory and control-supervisory state bodies, but also potential participants in the projected legal relations should be taken into account.

Hope-Bearing Legislation? The Well-being of Future Generations (Wales) Act 2015

Abstract The Well-being of Future Generations (Wales) Act 2015 is a landmark piece of sustainable development legislation and marks a significant development in the emerging legal identity of Wales. Despite the Act's significance and ambition, it has been criticized as merely ‘aspirational’ – as ‘non-law-bearing’ and unenforceable by legal means. The Act is not without difficulties. However, it also has notable legal and other qualities that are often not captured within the standard justiciability-enforceability frame of analysis. Our aim here is to broaden the context for examining the Act and other ‘aspirational’ legislation like it. To that end, we identify three sets of questions that help to bring out different ideas around the Act's varied enforceability, its possible constitutional status, and its potential role as a bearer of hope.

Causes of Drug Use and Methods of Legal Treatment

Drug addiction or use dates back to ancient times, with its roots lying in the human use of certain plants containing substances that alter mental states, perception, and sensations for thousands of years. These substances were used either to experience pleasure, alleviate the pain of a particular patient, endure suffering, or forget a painful life and its burdens. Drugs play a significant role in encouraging individuals to commit various crimes due to their impact on the nervous and sensory systems. Furthermore, drug abuse has become one of the most pressing problems and challenges facing our society, posing severe threats to families and youth and warning of potential disintegration. Regardless of the form or type of drug, it remains one of the most dangerous social issues and plagues that harm our community due to its profoundly negative effects on individuals, families, and society at large.One of the causes behind the prevalence of drug use is the high unemployment rate and lack of job opportunities within Iraqi society, leading to idle individuals who, with excess free time, may turn to drug addiction. Additionally, poverty becomes a bias, with the influential factor being the creation of a strong and urgent desire that drives drug users to obtain substances by any means and gradually increase their dosage. Other significant causes of drug use or addiction include family environment, bad company, working conditions, general social influences, or the desire to escape from one's social or economic reality. In some cases, sudden wealth among certain families may also contribute to drug abuse. As a result, drug abuse has become a focal issue throughout Iraq due to its destructive impact on Iraqi society. It is a primary factor in numerous social, security, economic, and health problems, leading Iraqi society to invest considerable energy and financial resources in preventing its spread and mitigating its effects on individuals and the community. This has been addressed through various legal and other means. The significance of this study lies in understanding how drug users can reintegrate into society as normal individuals without suffering from physical or psychological disorders resulting from drug addiction. This can only be achieved through understanding and addressing treatment methods and attempts to eliminate the causes of drug use or addiction. Officials must exercise caution and consider this issue to ensure that drug users are free from drugs and their negative consequences

MECHANISM OF CIVIL-LAW REGULATION OF RELATIONS FOR THE PROVISION OF PAID EDUCATIONAL SERVICES BY HIGHER EDUCATION INSTITUTIONS IN UKRAINE

The paper defines the specifics of the mechanism of civil-law regulation of relations for the provision of paid educational services by higher education institutions in Ukraine. At the same time, civil-law regulation is understood as a special legal influence on the behavior of participants in public relations, that are included in the subject of civil law as a branch of law. Special legal influence on the behavior of participants in relations on the provision of paid educational services by higher education institutions in Ukraine is carried out through a system of certain legal means, among which in the most general form one can distinguish: civil law norms, personalized individual acts of an autonomous nature (including contracts), personalized individual acts of a power nature (acts of application of law). However, the said civil-law influence cannot occur automatically. In this case, a certain mechanism for carrying out civil rights should be used, the functional purpose of which is to ensure the realization of the powers that make up the content of said rights, and the fulfillment of relevant subjective duties. It has been found that in order to characterize the mechanism of civil-law regulation of relations with the provision of paid educational services by higher education institutions in Ukraine, it is important to take into account the systemic and logical interrelations that exist between the norms of civil law enshrined in various normative legal acts. And this is directly confirmed in the current legislation, in particular in Art. 2 of the Law of Ukraine «On Higher Education», which directly states that «the legislation on higher education is based on the Constitution of Ukraine and consists of the laws of Ukraine «On Education», «On Scientific and Scientific-Technical Activities», this Law and other normative legal acts, international treaties of Ukraine concluded in the manner established by law». It has been substantiated that all the norms of law aimed at civil-law regulation of relations with the provision of paid educational services by higher education institutions in Ukraine should not contradict the general principles of civil legislation defined in Art. 3 of the Civil Code of Ukraine, since they are the basic construction that allows civil law to function as a system of norms of law.

Establishment and Development of the Institute for the Protection of Children’s Rights in International Law

In the article, legal aspects of the establishment of the institute of international child protection law are studied by means of a retrospective, inductive and deductive method. A comprehensive study of historical and legal aspects in modern legal science will make a big contribution to the further development of science, filling the gaps in this area. The purpose of the article is to reveal common features and features, characteristic features by revealing its legal status, meaning and essence through the study of legal aspects. To achieve the goal, the task set is to generalize the objective and subjective causal conditions of the establishment of the protection of children's rights and its substantive features. As a result of the article, the characteristic features of the legal aspects of the establishment of the Institute for the Protection of Children's Rights are determined.

The Essence of the Ex aequo et bono Method and the Rules of its Application for the Resolution of International Disputes

One of the most important functions of law is the resolution of disputes. However, legal means of dispute resolution, such as judicial settlement and arbitration, are often not chosen by the parties involved in international disputes. This can be explained by several reasons. In legal doctrine, it is a common view that parties avoid legal means due to the binding nature of the decisions rendered, yet this is far from the only reason why parties refuse these methods. In particular, one of the main reasons they avoid legal means is the uncertainty regarding whether the decision based on law will be equitable. There are many grounds for this, as legal norms contained in international legal documents, adopted several decades ago, may not correspond to modern realities. Therefore, the application of such norms can quite reasonably raise concerns among the parties about the potential for an inequitable decision based on them. In such cases, the method of ex aequo et bono may prove to be a practical tool for excluding the possibility of an inequitable decision based on legal norms. Contrary to popular misconception, the use of the ex aequo et bono method does not imply a complete rejection of legal norms. When applying this method, basic legal norms are often used to provide a legal foundation for decisions and to enhance their overall objectivity. However, in the application of the method ex aequo et bono, those legal norms that may lead to an inequitable decision are not applied. In this case, an equitable decision is often determined based on an analysis of the goals and principles of legal documents regulating the relevant issues, including an analysis of the document containing the legal norm whose application could have led to an inequitable decision. Thus, the ex aequo et bono method is a rather flexible peaceful means, combining valuable features of both equity and law. There is a deficit of information regarding the ex aequo et bono method in international legal documents. In particular, the lack of a clear definition, conditions, and rules for applying the ex aequo et bono method presents a significant obstacle to its extensive use in international practice. Therefore, appropriate lawmaking work should be undertaken in this area to fill legal gaps. The goal of the scientific article is to study the legal aspects of the ex aequo et bono method and identify the main problems negatively affecting the practice of its application. The results of the research showed the high practical value of the ex aequo et bono method in dispute resolution, especially in modern conditions when the use of flexible means is becoming increasingly relevant. The article aimed to condense, specify and expand legal knowledge about the ex aequo et bono method and may present significant scientific value for lawyers interested in judicial and arbitration practices; legal scholars; practicing judges and arbitrators; parties with unresolved disputes; as well as philosophers researching the relationship between equity and law.

Theoretical and legal research of intellectual property: current state and cognitive challenges

In the work, the author focuses on scientific works in which intellectual property is studied from the point of view of its theoretical and legal aspects. It is noted that intellectual property is a multidisciplinary phenomenon, is the subject of research in a wide range of social sciences, including legal ones. The theoretical and legal dimension of intellectual property is particularly important in the modern conditions of the development of its legal regulation, which is capable of both strengthening the scientific study of its legal properties and developing scientifically based recommendations on increasing the effectiveness of the use of various legal means and methods necessary to ensure the protection and protection of rights intellectual property, stimulation of intellectual activity, etc. It was noted that various theoretical and legal aspects of intellectual property, including the question of its value understanding, to one degree or another were the subject of scientific research by various domestic and foreign scientists. Based on the analysis of the works of legal theorists, it was concluded that in legal science, intellectual property scientific research is presented quite widely and reflected in numerous scientific works of both domestic and foreign scientists. This indicates a rather detailed analysis of various legal aspects of intellectual property. However, characterizing the existing scientific works as a whole, it is worth noting their cumulative nature, which in essence are created and developed according to the cumulative principle, lacking systematicity and sequence of development. Today, in legal science, works of a theoretical-legal content, which have a high degree of conceptuality, organically combine both issues of a theoretical-legal and practical nature are quite sporadically presented. Mostly scientific works have a narrow spectrum of scientific knowledge, investigating one or another legal aspect of intellectual property. The same can be said about the development of intellectual property research. Mostly, they are separated from each other, which is due to the lack of unified conceptual foundations of promising directions for the development of scientific research of intellectual property. This confirms the need, on the one hand, to strengthen theoretical and legal studies of intellectual property as a legal phenomenon, and on the other hand, to emphasize the importance of conceptualizing such scientific studies, the basis of which should be the appropriate methodological approach or their combination.

Legal remedies against amber abuse: problems of implementation and optimization

The article is devoted to the coverage of certain problems related to the use of criminal legal means against persons who commit the crimes provided for in Art. 2401 of the Criminal Code of Ukraine illegal extraction, sale, acquisition, transfer, forwarding, transportation, processing of amber, and with the improvement of such means. Emphasis is placed on the study of relevant judicial practice. The provision on the need to differentiate criminal responsibility for illegal actions with amber depending on group forms of complicity is argued. It is proved that the proposed improvement of Art. 2401 of the Criminal Code of Ukraine will be consistent with the requirements established in jurisprudence for the construction of qualified compositions of criminal offenses. The theoretical position is supported, according to which, if the relevant composition of the criminal offense does not include such features as its commission by a group of persons and an organized group, then the qualification of the offense committed by the organizer and members of the group should be carried out with a reference in the qualification formula to part 2 or part 3 st. 28 of the Criminal Code of Ukraine with the inclusion in the legal wording of the indictment of the characteristics «committed by a prior conspiracy by a group» or «committed by an organized group.» Based on the study of judicial practice materials, it has been established that the exemption of persons who commit the analyzed crime from serving a sentence is widespread (Article 75 of the Criminal Code of Ukraine), and the imperfection of the sanctions of Article 2401 of the Criminal Code of Ukraine, considerations were expressed regarding their optimization, namely the consolidation in Part 1 of Art. 2401 of the Criminal Code of Ukraine provides for a fine as the non-alternative main punishment, and in Part 2 and Part 3 of this article - alternative punishments in the form of a fine and imprisonment for a certain period. The imperfection of judicial practice related to ensuring the individualization of criminal responsibility for «amber» torts has been demonstrated - the imposition of a fine as the main type of punishment in the minimum amount and failure to take into account the role, nature and degree of participation of each of the accomplices in the commission of a criminal offense.

Certain aspects of legal support of ESG-strategy at the enterprise

The article is devoted to disclosing, from the legal point of view, the peculiarities of implementation and application of an ESG strategy at an enterprise through local acts of the enterprise. Today’s reality for Ukraine is the forced need to live and develop under the influence of destabilizing factors. A global trend that is designed, among other things, to counteract destabilizing factors is the comprehensive implementation of sustainable development goals. A practical reflection of the implementation of such goals at the level of an individual business entity is an ESG strategy, through the implementation of which a domestic business entity will not only be able to ensure its compliance with the relevant state policy, but will also potentially be able to build a system of counteracting destabilizing factors. In addition, the implementation of an ESG strategy can contribute to the post-war recovery of Ukraine. One of the goals that can be implemented in the short term is Goal 7, Renewable Energy. Decarbonization is a partial means of solving this problem. An ESG strategy can be used to implement decarbonization processes at the enterprise level, as it contains an environmental component. In addition to the environmental component, the ESG strategy also includes economic and social components, which opens up opportunities for the implementation of almost all sustainable development goals through it. The most effective model that will contribute to the optimal provision of the legal economic order is the introduction of ESG through a combination of elements of state regulation and self-regulation, but given the overload of the state apparatus, it is still advisable to implement ESG at the level of an individual business entity through the use of self­regulation mechanisms. One of the most promising legal means for implementing and applying an ESG strategy at the level of an individual enterprise is local rulemaking. For companies that do not have a complex organizational structure, it is advisable to use a single local act - a regulation or a comprehensive company policy. For companies with a complex organizational structure, it is advisable to use such a legal structure as an internal business agreement.

Balancing the interests of shareholders (participants) and members of the Corporation’s management bodies: new challenges and opportunities

The main task of management in a corporation is to ensure a balance of interests of all subjects of corporate relations. An important aspect is the search for legal instruments that will ensure this balance in a certain economic society. Such funds are contained in the current legislation, developed by judicial practice, and can be fixed in the company’s charter. The purpose of the study is to identify the most effective means to ensure a balance of interests of shareholders (participants) and members of management bodies in a business company at the present time. The article also analyzes the legal means that are fixed by the sanctions regulations, and the relevant conclusions are drawn.

“Unquestioned Citizenship”: History, Poetry, and Black and Native Military Service in Hampton Institute’s Southern Workman

Abstract This article explores how Black race histories, Native American traditionary histories, and tribute poems published in Hampton Institute’s Southern Workman (1872–1939) used military service as an imaginative foundation for thinking about citizenship beyond legal meanings. In race and traditionary histories, writers make visible the sacrifices of Black and Native soldiers that had been overlooked in official accounts of wars throughout US history. Writers also transform these histories’ commemorative aim into tribute poems, which accomplish similar work by recognizing publicly, through imaginative verse, Black and Native military service. These writers share a hope that military service might usher in the benefits of formal citizenship. But that hope is accompanied by a sense of skepticism, in that wartime did not always yield a completely united American front. With such contingencies in mind, writers use the act of military service as inspiration for the act of writing into the historical and literary record the legacy of Black and Native commissioned and noncommissioned men and women, bestowing upon each other a sense of “unquestioned citizenship” that the nation would not.

Litigating the grounds of nominal holder as a legal means of restoring the balance of interests in bankruptcy

Litigating the grounds of nominal holder as a legal means of restoring the balance of interests in bankruptcy

COMPLAINT AS A LEGAL REMEDY, THEORETICAL AND PRACTICAL ASPECTS

In criminal procedure, a "remedy" refers to a legal solution or course of action that is available to individuals who believe their rights have been violated during the criminal justice process. Remedies are designed to protect the rights of defendants and ensure that the criminal justice system operates fairly and in accordance with the law. Of course, the complaint as a regular legal remedy can be exercised within the specified legal deadlines and in the previous legal procedure. It's important to note that not all legal remedies follow these exact stages, and the specific procedures can vary based on the legal system and the type of case. Additionally, some legal issues may be resolved through administrative processes or through negotiation without ever entering the formal legal system. The judgments issued by the court, with which the party is dissatisfied and which have not yet taken the final form, are struck with legal means. The legal remedies are regulated by the provisions of the Code of Criminal Procedure and serve to exercise the legal remedy in case of dissatisfaction with the court's decision, therefore we can rightly conclude that the legal remedies are a kind of guarantee for the respect of the rights of the parties in the procedure. The purpose of this paper is to find, through research methods, how these legal remedies are regulated, the changes that have occurred in criminal legislation, their application in practice, where through comparative, statistical, normative and other methods, it will be more easy for us to reach correct conclusions. With the conviction that this work will bring innovation and be a summary for all those readers who intend to study this field in the future.

Məhkəmənin hökm və ya qərarlarına yeni açılmış hallar üzrə baxılması üçün əsaslar

This research article conducted the grounds of proceedings on newly found circumstances, which are a type of particular proceedings in the criminal process of the Republic of Azerbaijan. According to newly found circumstances, the review of judgments and decisions of the court, which led to the issuance of a legally binding judgment or decision, and which were present during the investigation and trial of the case, but happens due to discovery of new unknown cases by the person who conducted the investigation or the court on the merits of the case. Chapter 54 of the Criminal Procedure Code of the Republic of Azerbaijan is devoted to the proceedings of newly opened cases. The first article - 461 of that chapter is dedicated to the grounds for considering court judgments or decisions in newly found circumstances. However, the specified article did not establish a legal understanding of the newly found circumstances. In this regard, we would suggest that Article 461 of the Criminal Procedural Code of the Republic of Azerbaijan to be amended regarding proceedings on newly opened cases and that institution to be given the following legal meaning: "Proceedings on newly found circumstances, the legally binding judgment of the court or other cases that make it possible to change any final decision are those cases that were not determined before - neither during the preliminary investigation nor at other stages of the criminal proceedings". Keywords: newly newly found circumstances, judgement, Supreme Court, the right to appeal, new verdicts, cassation instance.

Intellectual Property Management and Legal Protection Mechanism of Blockchain-based Crowdsourced Testing

While promoting the vigorous development of crowdsourced testing services, Internet technology has also generated problems such as non-standard intellectual property management, unclear ownership of rights, and lack of trustworthiness. Based on the characteristics of being decentralized, traceable and tamper-proof of blockchain, IPFS, SHA256 algorithm, and digital certificate technology, this paper puts forward a new intellectual property management framework for crowdsourced testing to meet the requirements of intellectual property traceability of crowdsourced testing, right confirmation and query, and proposes the idea of applying on the chain and off chain decomposition and integration technology to address the storage performance bottleneck problem caused by data expansion on the chain, thus realizing a trusted intellectual property management system of crowdsourced testing. Meanwhile, this paper puts that the intellectual property of crowdsourced testing cannot be fully maintained only by technical means, and corresponding legal support means should be supplemented, including improving the laws and regulations on judicial and administrative protection of intellectual property, and properly handling the legal risk control of intellectual property of crowdsourced testing.

형사소송법상 ‘피고인이 구속된 때’에 있어서 구속 개념의 해석 및 입법론 - 대법원 2024. 5. 23. 선고 2021도6357 전원합의체 판결

Korean Criminal Procedure Act establishes “when the defendant is in custody” as one of the grounds for appointing a public defender. (Article 33, Paragraph 1(1)) The Supreme Court has traditionally viewed this as a case in which the defendant is detained and on trial in the criminal case in question. It may be reasonably concluded, therefore, that being detained in a separate case or being convicted and sentenced in another criminal case does not qualify as a reason for the appointment. However, in May 2024, the Supreme Court reconsidered its position to include cases where a warrant of arrest has been issued and executed in a separate case or where the defendant has been convicted in another criminal case and is in custody as a result of the execution of the judgment. This artice reviews the decision to reconstruct the contents of its majority opinion, separate opinion, and supplementary opinion by interpreting the legal textual meaning of the concept of restraint, interpreting the purposive meaning, and policy interpretation issues. It will then evaluate them together with related laws and theories, with a view to seeking a legislative solution to the interpretation controversy. While the existing precedents did not present the interpretation arguments in detail, the individual opinions of the judgments indicate that the arguments were based on the stable utilization of the current system and practice on public defenders and the right to counsel, as well as the efficient allocation of judicial resources. There is a difference of opinion as to whether the expansion of the right to counsel and the necessary expansion of the public defender system should be achieved by changing case law or by amending the law. Thus, the author propose the amendment of paragraph 1(1) of the Article 33, “When the criminal defendant is placed under detention”to “When the criminal defendant is placed under custody”.

Обеспечение антитеррористической защищенности как мера противодействия терроризму

This article discusses the topic of ensuring anti-terrorism security as a measure to counter terrorism. Var-ious types of security are traditionally the subject of research in political science and public law sciences. The article examines the social relations that arise in the sphere of ensuring the national security of Russia. The purpose of the work was to establish the specifics of the impact of private legal means in ensuring security. Citizens and organizations, with their own efforts and means, ensure the protection of objects of civil rights – life, health, property. This activity differs from the implementation of the functions of law enforcement agencies not only by the impossibility of using coercive (public law) measures of influence, but also by more “narrow” objects of protection. A way for non-governmental organizations and individuals to participate in ensuring national security in general and anti-terrorism protection in particular is the use of private legal means to protect the relevant objects of civil rights. However, the means provided for by law have not been properly researched and have significant shortcomings in legal regulation. The author's new view on the problems of ensuring national security can provide the basis for conducting other private law and complex studies.

THE SOCIAL DIMENSION OF THE ASSET QUALITY REVIEW IN THE EUROPEAN UNION

During the financial crisis that started in 2008, banks in the European Union (EU) needed state aid to stay afloat. After years of bailing out failing banks with public money, which led to high public debt levels across the EU, the European Commission introduced the bail-in approach. This approach required stress tests and asset quality reviews (AQR) to identify capital shortfalls in the various banking systems. The idea was to review the quality of banks’ assets, including the collateral valuations and the adequacy of assets and other collateral provisions. This study focuses on the case of Slovenia, the first EU member state that applied a bail-in approach even before it became a legally binding law at the EU level. The Slovenian bail-in led to the cancellation of all subordinated obligations (shares or bonds) held by thousands of investors, mainly private individuals. The information asymmetry and data confidentiality argument together with the applied assumptions in AQR and stress tests have raised questions about the reliability and credibility of the national and EU authorities in this respect. This paper focuses on the social/human dimension of this case by presenting the current situation through the lens of the temporal dimension of former investors’ plight in their legal attempts to challenge those extraordinary measures. The paper revolves around data confidentiality and other issues that have contributed to the fact that this situation remains unresolved, more than ten years after the nationalisation measures. The finding of this analysis is that former investors have had no legal means to effectively challenge nationalisation measures because the authorities in Slovenia have failed to provide an appropriate tool that would be effective and available in practice.