Toward ethical provenance tracking: The GA4GH model data access agreement (DAA).

This study aims to analyze the legal position of debtors and creditors in bankruptcy cases and assess the judge's considerations in Decision Number 36/Pdt.Sus-Pailit/2020/PN Niaga Jakarta Pusat, particularly the extent to which these considerations are in accordance with applicable legal norms. The research method used is normative juridical, with an approach based on legislation, court decisions, and legal literature related to bankruptcy. Data was obtained through document studies and court decisions, then analyzed qualitatively to assess the balance of debtor and creditor rights and the consistency of the decision with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The results of the study show that debtors who are declared bankrupt experience restrictions on their property rights, while creditors obtain legal certainty through the mechanism of appointing a curator and distributing assets. The judges' considerations emphasize the examination of evidence, the right to be heard, and the principle of substantive justice, so that the decisions are generally consistent with applicable legal norms. This research contributes to the understanding of bankruptcy law practices in Indonesia and serves as a reference for efforts to resolve disputes between debtors and creditors in a fair and transparent manner.

This study aims to clarify the special legal liability of the garnishee in the attachment of the debtor’s property held by a third party, as this form of attachment constitutes one of the means of indirect enforcement that enables the creditor to satisfy their right from assets owed by a third party to the debtor. Although the garnishee is considered a third party, they occupy a distinct legal position in this type of attachment due to their significant impact on ensuring proper conduct and effectiveness of enforcement procedures. Accordingly, the study examines the legal nature of the attachment of the debtor’s property in the hands of third parties and analyzes the legal liability arising for the garnishee by identifying the legal obligations imposed upon them and the sanctions resulting from a breach thereof. The study adopts an analytical methodology supported by a comparative approach, through analyzing the provisions governing the garnishee under the Saudi Enforcement Law and comparing them with the provisions of the Egyptian Civil and Commercial Procedures Law. The study concludes with several findings, most notably that the legal nature of the attachment of the debtor’s property in the hands of third parties is of mixed character, as it begins as a precautionary attachment and subsequently transforms into an enforcement attachment after the lapse of a specified period. This approach has been adopted by both the Saudi regulator and the Egyptian legislator. The study also presents a number of recommendations, foremost among them the necessity of expressly stipulating the data that must be included in the garnishee’s declaration of indebtedness, following the model of Egyptian law, in order to ensure the accuracy of the information provided and to reduce the likelihood of collusion between the garnishee and the attached debtor.

Purpose. To develop a new legal position on the regulation of environmental safety in the process of mining on land plots occupied by water bodies, the need for which is due to the complex negative impact on both the environmental objects surrounding the mining site and the mutual influence of natural resources involved in mining operations. Methodology. The study used the dialectical method to establish the need to change the legal position on the use of water fund lands (WFL) for the mineral mining (MM). The hermeneutic method was used to reveal the peculiarities of legal regulation of relations of environmental impact of the processes of joint use of subsoil, land and water bodies. The formal legal method was used to provide a general characterization of the legal relations arising from the use of WFL for MM. The systemic-structural method was used to formulate proposals for improving the legislation of Ukraine in the field of environmental safety in the use of WFL for MM. The method of analysis and synthesis was used in the process of reviewing the judicial practice on the use of subsoil on WFL. Findings. The authors propose the priority of land legislation over water legislation in regulating intersectoral legal relations regarding the use of WFL for MM, differentiation of environmental safety relations by the level of specificity, legal grounds for differentiating the object composition of integrated natural resource legal relations, and amendments to current legislation. The authors identify the problematic issues of the subject composition involved in the regulation, control and use of the WFL for MM. The limitations of the integrated legal framework for environmental safety are argued. The national legislation and judicial practice of its application are analyzed. Originality. The authors’ legal position for resolving controversial issues related to the WFL in the process of using WFL for MM is formed, based, unlike the existing one, on the priority of the requirements of land legislation. Practical values. The practical value of the results obtained is that they can be used in the following areas: research and educational activities of scientists and higher education students, lawmaking and law enforcement activities of the parliament and executive authorities, as well as judicial practice in amending legislative and by-laws, investigating and considering cases related to violations of environmental safety requirements when using WFL for MM.

The status of the government administration in crisis management is determined by its legal and constitutional position, as well as its location at central and local levels. This allows for the comprehensive implementation of tasks and a response to threats. Local government administration operates within the voivodeship, where the voivode is responsible for crisis management. In municipalities and districts, these tasks are carried out by the local government. This paper uses a dogmatic-legal approach to analyse the legal regulations governing crisis management and indicate the role of government administration in this area. A literature review was also conducted to inform the analysis. To cite examples from other countries, the methodology was supplemented with elements of the comparative method.

The article presents a comprehensive study of the theoretical and legal foundations and practical mechanisms for implementing international human rights standards within the national legal system of Ukraine, which is of particular relevance under martial law and in the context of European integration processes. The authors examine the issues of harmonizing national legislation with international obligations defined by international treaties, conventions, and the case law of the European Court of Human Rights (ECHR). The research employs a wide range of general scientific and special legal methods, including historical-legal, comparative-legal, system-structural analysis, formal-legal, and legal modeling methods, ensuring the complexity and scientific validity of the study. For the first time in Ukrainian legal scholarship, a systematic approach is proposed to analyze the implementation of international human rights standards, taking into account the dynamics of Ukraine’s legal system during armed conflict and current integration challenges. The authors develop an original periodization of the development of judicial practice in applying international standards, which allows for tracing the evolution of national courts’ legal positions. It is proven that the constitutional and legal foundations for the realization of international standards create a basis for stable legal integration; however, numerous practical problems persist – fragmentary implementation, formalism in law enforcement, the absence of a unified approach to interpreting international instruments, and difficulties in adapting human rights protection mechanisms under martial law conditions. It is noted that as of today, only about 35% of ratified international human rights treaties have been fully integrated into national legislation. In this regard, the authors substantiate the need to develop a National Strategy for the Implementation of International Human Rights Standards, establish a Unified Coordination Center, and adopt a Framework Law to enhance the implementation process. The results obtained have theoretical and practical significance and may be used in law-making, judicial practice, educational processes, and further scientific research in the field of international and constitutional law.

The article is devoted to the scientific investigation of the legal regulation of the interrogation of the accused (defendant) in court proceedings in accordance with the criminal procedural law of Ukraine and other states with a mixed model of criminal proceedings. It is argued that the accused has the right to provide testimony regarding the circumstances that served as the basis for drawing up and sending to the court the final procedural document of the pre-trial investigation, other circumstances that are subject to proof and are important for criminal proceedings, evidence in criminal proceedings. It is stated that the purpose of the interrogation of the accused, first of all, is to clarify his legal position on the subject of the accusation, to obtain from him complete and reliable information on the circumstances and facts that are important for the criminal proceedings. However, the judicial interrogation of the accused is carried out not only for the purpose of clarifying the circumstances of the criminal proceedings, but also to observe the right of the accused to be heard. It is noted that the Criminal Procedure Code does not require the accused to take an oath before his interrogation. In contrast to the witness and the victim, the CPC of Ukraine does not impose on the accused the obligation to tell only the truth. It is noted that a free narrative is a monologue stage of interrogation and consists of an undirected oral statement by the accused, in which he presents his own version of the event that is the subject of the trial. Depending on the content, the free narrative of the accused can serve either for his defense or to confirm the version of the prosecution. It is concluded that the sequence of questions to the accused is standardized (Part 1 of Article 351 of the CPC of Ukraine) taking into account the principle of adversarial proceedings. It is emphasized that the criminal procedural law does not allow either cross-examination of the accused or repetition of questions to which the accused has already given an answer, posed with the aim of expecting contradictions in his testimony in order to later assert their unreliability. Moreover, it is inadmissible to ask the accused leading questions. t is emphasized that the criminal procedural law does not allow either cross-examination of the accused or repetition of questions to which the accused has already given an answer, posed with the aim of expecting contradictions in his testimony in order to later assert their unreliability. Moreover, it is inadmissible for the accused to ask leading questions. It is concluded that, unlike the Ukrainian legal regulation of the interrogation of the accused, in the criminal procedural law of some European states the adversarial principle in this procedural action is not so pronounced. Thus, the court is defined as the only subject of the interrogation of the accused, while the participants in the judicial proceedings have the right to ask him questions only with the permission of the presiding judge.

ABSTRACT Based on in-depth interviews with 40 Chinese professional migrants in Singapore, this paper examines the shifting landscape of transnational citizenship within Asia’s mono-national regimes. As post-pandemic policy tightening and shifting state logics replace once-privileged access to residency, a pervasive climate of uncertainty has been fostered. We introduce the concept of provisionality—the strategic adoption of a temporary status to preserve future pathways to permanence – to theorise migrants’ in-between legal and affective positioning. We show how provisionality operates as a vital transnational strategy, with migrants and their families tactically distributing citizenship roles (e.g. securing SPR while retaining Chinese nationality) to optimise mobility, welfare, and long-term security. However, pandemic disruptions and restrictive policy shifts have laid bare the propound fragility of the ‘dual embeddedness’, trapping migrants in a state of entrenched liminality and forcing a painful recalibration of home, belonging, and citizenship itself.

The article is devoted to the characteristics of the normative principles on the one of the criteria for access to justice in national and European law, to study the practice of the European Court of Human Rights under the Article 10 of the ECHR on the protection of the lawyers’ freedom of expression rights. Noting the relevance of the chosen actuality for Ukraine, attention is drawn to the fact that the issue of the balance between the freedom of a lawyer to express the views and the importance to the court is gaining relevance in view of the need to complete the reform of procedural justice, to strengthen the bar in accordance with European standards. Therefore, the study of the lawyers’ freedom of expression is a place not only for improving national legislation and disciplinary practice, but also for ensuring real access of citizens to justice through an effective and independent bar. The authors, considering the right of lawyers to freedom of expression, note that one should take into account the requirements of professional ethics, respect for the court, and maintaining trust in justice, then the question arises of the permissible limits of such freedom and the adequate reaction of society to certain statements. It is necessary to establish a balance between the guarantee of the independence of lawyers and responsibility for the ethical use of freedom of speech. The article presents some relevant positions of the ECHR under Article 10 of the ECHR on the protection of the rights of lawyers. The authors conclude that the issue of access to justice in a democratic society depends both on those who form judicial practice and on those who form public opinion. In order to ensure effective cooperation and mutual understanding between both parties, it is important to make significant efforts to ensure maximum transparency of the work of the justice system, honesty and professionalism of its representatives. A lawyer acts not only as a representative of the client’s interests, but also as an active participant in the functioning of the justice system, therefore, limiting his ability to freely express legal positions, criticize the actions of authorities or the court, and report violations of legal opportunities can undermine the effectiveness of judicial protection. That is why the independence, professional ethics and freedom of attorneys should be subject to special protection.

The article examines the theoretical and legal foundations of the formation of the ideological platform of Ukraine’s foreign criminal and legal policy. It is shown that modern transformation processes in the field of criminal law, globalization challenges and the growth of transnational crime require the development of a holistic conceptual foundation that would combine national legal traditions with international standards. Based on the analysis of the category of «platform» in political and legal science, its functional significance is clarified: from ideological and programmatic to normative and regulatory, as it sets guidelines for specific legal norms and procedures for their application. It is proven that in the legal sphere the platform performs a system-forming role, as it determines value and methodological guidelines for the formation of doctrine, legislative practice and law enforcement. Particular attention is paid to the role of legal and criminal and legal ideology, which constitute the core of criminal and legal policy and form the integrity of its content. It is determined that legal ideology determines the strategic directions of the development of the legal system, forms value guidelines for law-making and law enforcement activities. The historical features of the formation of the national legal ideology are highlighted and the problem of its fragmentation in the post-Soviet period is emphasized. It is substantiated that the ideological platform of the foreign criminal and legal policy of Ukraine is a manifestation of the unified criminal and legal ideology of the state in the international dimension, which ensures the harmonization of national legislation with international obligations, creates conditions for effective interaction with international institutions and forms the legal position of Ukraine in the international arena. It is concluded that the ideological platform becomes the conceptual basis of foreign criminal and legal policy, as it combines national values with the principles of international law and outlines the strategic directions of its development. The ideological platform is considered as the primary political and legal platform, without which it is impossible to understand the logic of the following: doctrinal, legislative and law enforcement platforms.

This study explores the current academic debate on the punishment for apostasy within Islamic scholarship, focusing specifically on the Malaysian context. Traditionally, classical fiqh literature has prescribed the death penalty for apostasy, based on the view that renouncing Islam is both a theological error and a threat to community security and political stability. However, modern Muslim scholars are increasingly questioning this stance, arguing that it contradicts Qur’anic principles of freedom of belief and human dignity. The issue addressed in this study is the tension between classical legal positions, emerging reformist perspectives, and the existing legal framework in Malaysia, where laws vary from punitive measures in some states, such as Pahang, to counselling-based approaches in Negeri Sembilan. This research aims to analyse contemporary reinterpretations of the punishment for apostasy and assess their implications for Malaysia’s pluralist legal system. It particularly evaluates the viewpoints of three influential reformist scholars, Abdul Mutaal al-Soidi, Taha Jabir Al-Alwani, and Ahmad al-Raisūnī, who oppose capital punishment by emphasising the principles of Maqasid al-Shariah, including the protection of intellect, dignity, and freedom of belief. Methodologically, the study employs qualitative content analysis of primary legal texts, complemented by semi-structured interviews with officials from the Federal Territories Mufti Office and practising Syariah lawyers. Findings reveal a strong theoretical basis for reinterpreting apostasy as a matter of personal conscience rather than political rebellion, and for advocating a shift from coercive legal measures to education and dialogue. While classical jurists linked apostasy to political treason due to the sociopolitical realities of early Muslim societies, contemporary nation-states operate within different legal, constitutional and human rights frameworks. This makes a punitive approach less compatible with modern governance and more aligned with historical contingencies rather than universal principles. The study makes a global contribution by proposing an Islamic legal reform framework aligned with constitutional rights and international human rights standards, demonstrating how Islamic jurisprudence can evolve while maintaining its ethical foundations.

The article examines the procedural status of victims of war crimes in the context of the ongoing armed aggression against Ukraine and analyses key issues in the implementation of their rights. It is noted that the significant increase in the number of war crimes necessitates comprehensive regulatory mechanisms governing the participation of victims in criminal proceedings. The article outlines the specific features of the legal position of the victim under the Criminal Procedure Code of Ukraine and identifies factors that complicate the recognition of victim status, access to justice, participation in procedural actions, and the establishment of harm in wartime conditions. Special attention is paid to the approaches of the International Criminal Court (ICC) regarding the interpretation of the concept of a victim, forms of participation, protective guarantees, and compensation mechanisms. A comparison of national and international standards reveals substantial gaps in Ukrainian legislation, particularly the lack of special procedures for victims of war crimes and insufficient protection mechanisms. The article formulates directions for improving Ukrainian criminal procedure legislation, including ensuring mandatory notification of victims, expanding access to case materials, using remote participation tools, introducing the category of “vulnerable victims”, adopting a law on compensation for victims of international crimes, and establishing a special mechanism for civil claims within criminal proceedings. It is concluded that the ICC has developed the most advanced system for victim participation in proceedings, and its principles should be integrated into national criminal procedure for the investigation and adjudication of war crimes. Ukrainian legislation is currently only at the initial stage of adopting these standards, which highlights the need to adapt the national model to international experience. Improvements to criminal procedural legislation should be guided by the implementation of international standards and ICC recommendations, as well as consideration of the actual challenges faced by victims of war crimes. The author identifies general directions for regulatory solutions to the outlined issues.

The presented paper concerns the problem of efficiency in institutional supervision exercised under both company and cooperative law by the supervisory board. The paper also includes an international perspective involving convergence processes between different board systems. The convergence syndrome consists of developing common standards of corporate governance aimed at efficiency, irrespective of board structures. In 2022, the Polish legislator introduced extensive amendments to the regulatory framework, remodelling the legal position of the supervisory board. Despite the fact that the said amendments have been introduced only under company law, there are important arguments for conducting a comparative legal analysis involving both companies and cooperatives. It is unclear how the remodelled regulatory framework fits into the said convergence phenomenon and, eventually, whether the introduced solutions will allow for improvement in the field of corporate governance.

The article considers the issue of the need for normative consolidation of the principles of criminal law. It is found that the normative expression in the law of the principles of criminal law (which can be clearly and precisely foreseen) can directly affect the practice of law enforcement and lawmaking. The advantages and disadvantages of the normative form of consolidation of principles are substantiated. It is established that one of the advantages is the ability to refer to provisions relating to the principles in terms of the compliance of certain legislative changes, law enforcement practice, etc. This, in particular, can have a positive effect on the stability of criminal law policy. The disadvantage is the limitedness of the established legislative provisions, some aspects of which (or interpretations of such provisions) can also be used to justify certain private interests. The need to take into account the dynamic nature of the principles and their adaptability to modern conditions, practice, and specific circumstances is argued. This is not an obstacle to their normative consolidation. It is substantiated that the lack of normative consolidation of the principles in the Criminal Code of Ukraine does not prevent their application by referring to international and European norms, decisions of the Constitutional Court of Ukraine, legal positions of the European Court of Human Rights, the European Court of Justice, etc. The legislation should enshrine principles that will have a direct impact on the practice of lawmaking and law enforcement. In particular, among such principles, the principles of proportionality, legality, humanism, equality of all before the law and the court, and individualization of criminal liability should be highlighted. These principles of criminal law have such an impact on practice. When establishing the principle of proportionality, it is necessary to specify its components. Violation of the principles at the stage of lawmaking should result in the exclusion of the relevant provision or a change in its wording; at the stage of law enforcement - a review of the relevant decision, its cancellation, initiation of changes to the legislation, etc. The wording of some principles is proposed, in particular the principle of proportionality. Its definition in terms of perception by society is improved.

This study examines the legal position of marriage agreements that eliminate joint property formation when money laundering crimes occur, focusing on the tension between contractual property separation and criminal asset confiscation. Using normative legal research methods with statutory and case analysis approaches, this study analyzes Indonesian marriage law, anti-money laundering legislation, and judicial decisions, specifically Decision Number 70/Pid.Sus-TPK/2024/PN.Jkt.Pst and its appellate decision Number 1/Pid.Sus-TPK/2025/PT DKI. The findings reveal that while marriage agreements provide legal protection for individual property rights, courts apply the "follow the money" principle to trace and confiscate assets regardless of formal ownership structures when money laundering is suspected. Marriage agreements are not recognized as absolute barriers to asset seizure if spouses cannot prove the lawful origin of their property or if evidence indicates they benefited from proceeds of crime. This study contributes to understanding the limitations of marriage agreements as protective instruments in criminal proceedings and demonstrates that substantive proof of asset origins supersedes formal contractual arrangements in money laundering cases. The research recommends that spouses executing marriage agreements maintain meticulous documentation of property origins, including purchase receipts, income records, and endorsement contracts, to avoid unjustified confiscation while acknowledging that legitimate law enforcement interests in recovering proceeds of crime may override private contractual protections.

This study examines legal protection for service providers against unilateral contract termination by service users in the construction sector in Indonesia. This problem arises from the imbalance in the legal and economic positions between the parties, as well as weak legal regulations that provide room for broad interpretation for service users. This study uses a normative juridical method with a statutory, conceptual, case, and comparative legal approach. The analysis was conducted on the Civil Code (KUHPerdata), Law Number 2 of 2017 concerning Construction Services, and Presidential Regulation Number 16 of 2018, then compared with the legal systems of the European Union, China, and South Korea. The results of the study indicate that legal protection in Indonesia is still administrative and formalistic, not guaranteeing proportional contractual justice for service providers. Therefore, this study recommends a balanced contractual protection model, which emphasizes compensation obligations, the principle of good faith, and the establishment of an independent contract mediation institution as a solution towards a fair, transparent, and sustainable contractual legal system.

Retention is a mechanism for withholding part of payments in construction contracts that is used to ensure the fulfillment of work maintenance obligations. In practice, retention often raises disputes, especially regarding late payments, detention without legitimate reasons, or unclear terms for release of retention. This study analyzes the legal position of retention, the legal basis that requires its payment, and the implications of default when retention is still withheld after the work is declared completed through the Final Hand Over (FHO). The research uses a literature study method on the Civil Code, the Construction Services Law, the FIDIC Red Book, procurement document standards, and contract law literature. The results of the study show that retention is a legal part of a contractual agreement that is subject to the principle of pacta sunt servanda based on Article 1338 of the Civil Code. Retention detention without a legal basis after the issuance of the FHO constitutes a default, which results in the obligation to pay retention along with compensation in accordance with Article 1243 of the Civil Code. The research concludes that the retention payment is an absolute obligation that must be fulfilled and its violation entitles the Contractor to demand performance and compensation.

The Design and Build (D&B) model is recognized for its potential to enhance efficiency by integrating planning and execution within a single contract. However, its implementation in Indonesia is hampered by the absence of a clear legal framework for managing design changes, leading to legal uncertainty and frequent disputes in strategic projects. This research aims to develop a clear and structured legal concept for a design change mechanism within Indonesian D&B contracts, grounded in the principles of legal certainty and fair risk allocation. The study employs a normative-juridical approach, analyzing Indonesian regulations (Law No. 2/2017, Presidential Regulation No. 16/2018) and comparing them with established international standards such as FIDIC and NEC4. The findings reveal that while Indonesian regulations generally permit contract modifications, they lack detailed procedures specifically for design changes in the D&B scheme. This regulatory gap results in ad hoc negotiations, imbalanced risk sharing, and weak documentation, weakening contractors' legal position. In contrast, international contracts provide structured procedures involving formal notification, impact assessment, and written instructions to ensure transparency. Based on these findings, the study concludes that the formulation of a standardized, procedural mechanism—covering application, evaluation, approval, adjustment, and documentation stages—is essential to ensure legal certainty. The research implies the need for amendments to national regulations or the development of ministerial guidelines that incorporate these principles, which would provide better legal protection, reduce project delays, and foster more equitable and efficient D&B project implementation in Indonesia

The Creditor Conducting Enforcement and the Creditor Joining Enforcement Proceedings The subject of this study is an analysis of the relationship between the creditor conducting the enforcement and the creditor joining the enforcement proceedings. The starting point is the legal framework governing the accession of an additional creditor to pending judicial enforcement proceedings against real property and other property rights, in particular movables and receivables. Subsequently, the consequences of a creditor joining the enforcement as a means of eliminating multiple enforcement proceedings against the same asset of the debtor are presented. The considerations focus on the legal status of the creditor at whose request enforcement was initiated and the creditor joining the enforcement, as creditors participating in enforcement. As follows from the findings, under the applicable legal framework the creditor joining the pending enforcement has the same legal position as the creditor at whose request the enforcement was initiated. He may independently submit motions and statements, regardless of the position of the creditor initiating the proceedings, which produce legal effects also regarding the first creditor, unless otherwise provided by law or by the nature of the given act. Keywords: creditor conducting enforcement, creditor joining the enforcement, co-participation of creditors, enforcing creditor, legal status of the enforcing creditor

The article is devoted to reviewing the formation of the doctrine of mortgage in historical and comparative dimensions. A mortgage is examined as an economic, financial, and legal category. In the first two cases, the mortgage is characterized as a financial instrument capable of circulation, and it is demonstrated that this feature influences its legal characterization. The relevance of the topic is confirmed by the presence of numerous disputes and issues that have arisen in judicial practice in the absence of proper theoretical comprehension of the phenomenon of mortgage within modern economic and legal conditions. To illustrate the significance of these issues, an analysis of case law is provided. By applying comparative-legal, historical-legal, and formal methods, it becomes possible to propose solutions for practical problems and trace changes in the theoretical foundations and developmental trends of the doctrine of mortgage. The article highlights the issues of state registration of a mortgage as an encumbrance on ownership rights, as well as ownership of property encumbered by a mortgage. Considerations are presented regarding the accessory and abstract nature of a mortgage in connection with the principal obligation secured by it. In the context of the legal characterization, attention is drawn to the combination of proprietary and obligatory elements of a mortgage. The legal positions of the Supreme Court concerning the protection of the rights of the owner of mortgaged property and of the bona fide acquirer are also examined.