Legal Priorities Research Articles

Миграционные процессы в России сквозь призму традиционных духовно-нравственных ценностей: теоретико-правовой аспект

In the article the author examines migration processes in Russia in connection with the state's policy of preserving and strengthening traditional Russian spiritual and moral values. The conclusion is made about possible variants of correlation between the goals of the state migration policy of Russia and the legal priority of preserving and strengthening traditional Russian spiritual and moral values. The negative and positive aspects of such are considered.

THE GENESIS OF THE SUBJECTIVITY OF THE ALGORITHM FOR THE USE OF NATURAL OBJECTS OF THE PROPERTY RIGHTS OF THE UKRAINIAN PEOPLE

The author points out the need for scientific research into the priority of legal subjectivity among all participants to land relations and the balanced use of natural objects of property rights of the Ukrainian people, including in the agricultural sector, which is considered to be a relevant and key factor in solving the existing problems of land monopoly and corruption in Ukraine. The purpose of the article is to systematize and summarize the new knowledge of constitutional land pragmatism gained by the author to substantiate the legal priority of balanced use of natural objects as the main national wealth from the perspective of national interests. The author examines the conceptual, legislative, programmatic, organizational and other approaches to the implementation of the so-called land reform in Ukraine. The author reveals the variability of forms of ownership of land and its natural resources from the beginning of perestroika of the USSR to the present day, which have given rise to the existing “market land problems” in Ukraine on an unconstitutional basis. It is established that the newest innovative interests of ethnic Ukrainians, as well as all full-fledged citizens of Ukraine, especially now, are fully consistent with the constitutionally motivated imperatives of land relations and nature management. It is proved that the introduction of effective forms, methods and means of counteracting the current internal corrupt aggression is a crucial and urgent task. For the first time, the author outlines the invariant features inherent in the Ukrainian ethnos, which are in a state of life-giving humanity, space pioneering, innovative ingenuity, harmony of thinking and creative inspiration, genetically and spiritually passed on (manifested) through the subjectivity of generations of glorious ancestors of ethnic Ukrainians, their families, clans and families. The practical solution to the existing problems in land relations and nature management largely depends on the prompt implementation by the National Security and Defense Council of Ukraine and the Verkhovna Rada of Ukraine of the author’s scientifically based systemic measures of the “New Paradigm for the Implementation of Land Reform in Ukraine”.

О юридическом приоритете традиционных духовно-нравственных ценностей

In this article the authors based on the positions of the normative approach to understanding law, come to the conclusion that there is a dialectical connection between traditional Russian spiritual and moral values in law and legal priority. On the one hand, the protection of traditional Russian spiritual and moral values is one of the strategic national priorities of the Russian state. On the other hand, values can act as a criterion for setting priorities for state legal regulation, defining, both formal and legal conditions for the dominant position of any spheres, as well as moral and ethical guidelines. In some cases, it may be necessary to establish priorities in the value system itself. The named dialectical unity is investigated by the authors on the basis of modern domestic legal protection of traditional spiritual and moral values.

Untangling the Tangle of Revenge Porn in the United States: A Comparative Study

This research examines the phenomenon of revenge porn in the legal context of the United States and identifies important lessons for Indonesia. Using a multifaceted approach, this research explores legal definitions, sentencing, and protections for victims in various US states, as well as exploring the psychosocial impact of revenge porn on victims. This research utilizes normative legal methods by adopting statutory, conceptual, comparative, and futuristic approaches. The nature of this research is descriptive-prescriptive. The data that has been collected is analyzed using the content analysis method. The study found that there is significant variation in laws and approaches to handling revenge porn among states, reflecting differences in social values and legal priorities. For example, states such as California, New York, and Texas feature different definitions and penalties, as well as varying levels of protection for victims. Indonesia can draw valuable lessons from formulating its own legal strategy for this phenomenon. This research suggests the importance of specific legislation that clearly defines revenge porn, a flexible sentencing system that considers the context of individual cases, and strong psychosocial support for victims

Legal entrepreneurship and the evolution of multidimensional advocacy in social movements: the case of marriage equality

AbstractThe emergence and dissemination of new legal ideas can play an important role in sparking change in the way activists in marginalized communities understand their rights and pursue their objectives. How and why do the legal beliefs of such communities evolve? We argue that the vigorous advocacy of new legal ideas by entrepreneurs and the harnessing of specialized media to help disseminate those ideas are important mechanisms in this evolution. We use the rise of marriage equality as a central legal priority in the mainstream American LGBTQ+ rights movement as a case study to illustrate this phenomenon. Using a mixed-methods analysis of Evan Wolfson’s legal advocacy and an examination of The Advocate, we investigate how Wolfson developed and disseminated legal ideas about same-sex marriage. We show how this advocacy eventually dominated discussion of the issue among elite LGBTQ+ legal actors and the nation’s largest LGBTQ+ publication. However, Wolfson’s advocacy tended to emphasize LGBTQ+ integration into “mainstream” American culture and prioritized the interests and values of relatively privileged subgroups within the LGBTQ+ community. Our research informs our understanding of the interplay between legal advocacy and media reporting in the development of LGBTQ+ rights claims and the strategies adopted to achieve them.

К вопросу о сущности юридического приоритета

The author makes one of the first attempts to determine the essence of the phenomenon of “legal priority” not only from the perspective of individual forms of its manifestation, but also through the prism of the philosophy of law, linguistic perception of this phenomenon, as well as the doctrinal positions and normative implementation that exist about it. The modern political and legal concept of objectification of legal priority in public relations is analyzed, on the basis of which it is concluded that it is positioned in two projections: as a preference, i. e. the most desirable regulatory option for the state and society, as well as a legal advantage, i. e. a specific model for improving the legal status of the subject. It is proved that legal priority acts as a means of differentiation and hierarchical construction of various elements of the legal system. The author substantiates the significance of the values that are positioned by the author as a formal legal and moral-ethical criterion for establishing legal priority in legal regulation. The conclusion is made about the need for a full-fledged, general theoretical study of legal priority, the formation of its doctrinal concept.

Юридический приоритет: необходимость разработки доктринальной концепции. Рецензия на диссертацию Н. Н. Хрони «Приоритетная обязанность в структуре специального правового статуса» (Мocква, 2023. 220 с.)

In the work, the author critically examines the phenomenon of “legal priority” through the prism of normative implementation and existing doctrinal positions. The reason for the beginning of the scientific discussion was the dissertation research by N. N. Khroni on the topic: “Priority duty in the structure of a special legal status”. Having taken place as a scientific qualification work, while being performed at a very high level, the above-mentioned dissertation prompted the author to address the phenomenon of “legal priority” from a general theoretical standpoint. The author, in the projection to the study of N. N. Chroni analyzes the modern legal and linguistic component of the lexeme “priority”, its analysis is carried out from the perspective of both scientific and practical-applied components. The hypothesis is put forward that legal priority by its nature is a means of differentiation and hierarchical construction of various elements of the legal system. The forms of objectification of legal priority in specific legal relations are reasoned. The conclusion is made about the need for a full-fledged, general theoretical study of legal priority, the formation of its doctrinal concept.

Formation of legal support of climate-protective farming in Ukraine: problems under martial period

Formation of legal support of climate-protective farming in Ukraine: problems under martial period

Locked out in Oxford: a review

This article explores some implications of the experience of being locked down in the city where the author lived as undergraduate and as postgraduate following anthropological fieldwork. The author returned to Oxford after early retirement and university appointments around the UK and Europe. Enforced residence for months in one dwelling and location triggered past incidents linked to place. A 21st century perspective provoked contrasts with sexist and racist bias in past regulations and legal priorities. The experience also points to differences in communications and new significance in rare encounters.

Environmental and legal priorities in the implementation of land rights in Ukraine

The paper raises the issues of ensuring environmental safety in the process of land use. Particular attention is paid to the necessity of implementing the constitutional principles of recognizing land as the main national wealth under special protection of the State, the binding nature of ownership and ensuring environmental safety. The binding nature of land ownership, which is primarily due to the natural origin of land, is revealed. The understanding of land as a territorial basis for the natural and anthropogenic environment determines a special procedure for its use, which is subordinated, first of all, to the protective content of such legal relations, due to its exceptional value as the main national wealth. Therefore, the environmental component becomes crucial for ensuring sustainable use of land resources. The author raises the issue of concluding protection agreements in the area of agricultural land use. It is proposed to preserve and expand protected areas as the basis for sustainable land use. Particular attention is paid to the negative impact of military operations on the state of land resources, the need to identify and record cases of negative environmental impact, and to take into account the experience of implementing a new environmental policy by the states which restored their economies in the post-war period. According to the results of the study, the peculiarities of exercising property rights in the use of land as a condition of life for the landowner and society as a whole, including preservation and increase of the area of land as natural objects that have undergone the least anthropogenic interference are outlined; introduction of protective contractual relations in the use of commercial agricultural land in order to ensure its quality condition, through certain mechanisms of compliance with crop rotation, land zoning, land protection is also covered; conducting an assessment of the adverse impacts on the land fund resulting from the armed aggression of the Russian Federation, and implementing measures to compensate for the damages and restore the condition of the affected lands.

Особенности государственно-правового статуса Крыма: история и современность

The aim of the present paper is proving the position that modern development of Crimea as a part of the Russian Federation has deep historical, cultural and civilizational foundations. Having been integrated to Russia at the end of the 18th century, this region became open to the whole world. At the same time, the Russian paradigm of state development was dominant and virtually unconditionally supported by the majority of the population. The Crimean Autonomous Soviet Socialist Republic was formed at the beginning of the 20th century within the established Russian traditions and development. After the Great Patriotic War, Crimea kept its development in the all-Russian cultural course, despite the republic was transmitted into administration of Ukraine in 1954. The transfer of Crimea to the Ukrainian SSR in 1954 within the framework of the all-Soviet statehood did not change the established axiology, state and legal priorities of the local population. The collapse of the Soviet Union and the violent ukrainization and westernization caused the rejection by the prevailing majority of Crimeans. The reunification of Crimea with Russia according to the results of the referendum, held on March 16, 2014, is historically justified and complies with the universally recognized principles of democracy, law and universal morality.

Place in legal geography: Agency and application in agriculture research

AbstractSystemic failure of our land management, legal, and regulatory institutions is revealed by the serious and adverse social and environmental impacts of land use practices in private agriculture, evident in severe land and water degradation, precipitous decline in biodiversity, and reduced resilience to natural hazards and climate change. The efficacy of the standard treatment of environmental law and regulation is often hampered by the cultural and legal priority of property rights. We take a different approach, using legal geography to refocus attention on the salience and agency of place and responses to degradation, such as conservation farming and regenerative agriculture, which are reforming dominant land management cultures and institutions from within. By recognising the role of place in leading geographically responsive land use decision‐making and more sustainable, resilient, and productive agricultural practices, an alternative model of private land ownership may be possible, as well as greater environmental sustainability. For researchers, our approaches too must be sensitive and responsive to place agency and our methodologies must evolve to acknowledge the agency of place. Place agency in legal geography has great potential for application in reforming suboptimal industrial agricultural practices and legal models of property ownership, and also for revitalising our scholarship.

Value judgment as an object of forensic linguistic expertise

The article deals with the activity of value judgment, one of the forms of forensic linguistic expertise, which is important for solving urgent problems in the life of modern society. We all know that the protection of human rights and personality is a legal priority in modern society. Therefore, at a time when the modern media environment is the increasing spread of lawsuits for the protection of honor, dignity and business reputation, arising in connection with controversial situations in the media, the Internet and in public communication, linguistic expertise of materials is widely used. Assessing the use of words in conflict texts, the expert linguist draws conclusions by conducting a philological analysis of the text. The expert opinion is considered one of the main pieces of evidence in civil or criminal proceedings. It is known that during the linguistic expertise the most important role is played by fixing the information by means of language and speech, differentiation of value judgments, as well as subjective opinion of the author of the text. Value judgment-valuable basis for linguistic examination of events or considered situations, properties and actions of people at any level of rank with an assessment of this or that value in terms of something good or bad. Keywords: forensic linguistic expertise, value judgment, evaluation, law, conflict texts, expert linguist.

Looking Back to Think Forward: What we Might Learn from Cold War Feminist Movements

The end of the Cold War wrought a shift in international legal priorities and preoccupations, including among feminists. When feminist approaches to international law, particularly to human rights and humanitarian law, began to make headway in the early 1990s, they had already left behind some of the anti-imperial and anti-military emphases of much of the internationally informed feminism of the 1970s and 80s. Here, I revisit some of those Cold War feminist approaches, with the hope of informing today's much-needed international legal attention to peace, disarmament—including nuclear disarmament—and global inequality.

Features of the intended purpose legal priority: practical aspect

Features of the intended purpose legal priority: practical aspect

V.S. Solovyov on the Correlation between Economy and Morality: Modern Aspects

The processes of the development of a market economy, entailing the commercialization in all spheres of social life, raise the question of the correlation between the role of human beings as economic subjects and our role as moral beings. In economics, this this issue is associated with the discussion about the way norms pervade economic theory, expressed in the dichotomy between holistic and individualistic methods. The scope of the influence of governmental bodies and large corporate structures on the socio-economic, cultural and natural environment highlights the philosophical problem of applying moral criteria to collective economic actors, which is reflected in the concept of corporate social responsibility (CSR). The author, in this paper, opines that the question of introducing ethical principles into economic practice cannot be entirely resolved within the framework of economic theory and requires an appeal to moral philosophy. The problem of the correlation between the economic and the moral spheres is considered on the basis of V.S. Solovyov’s work “The Justification of the Good”. The principal economic ideas stated in this work are discussed in the context of assessments by past and present researchers, of economic history, and of philosophical and economic-managerial conceptions. The author presents a comparative analysis of V.S. Solovyov’s ideas about the correlation between economics and morality and the principal ideas behind corporate social responsibility. The author reveals axiological and teleological differences between the two conceptions. Whereas V.S. Solovyov deals with moral and religious categories and notions of progress, the concept of corporate social responsibility is based on economic and legal priorities and is focused on sustainable development. At the same time, the similarities identified between the concepts (such as their complex nature, the acknowledgement of the role of moral principles of the economic participants, the importance of environmental issues and legal regulators) lead us to conclude about the possibility of their further convergence and the surmounting of the limitations of corporate social responsibility based on the teachings of V.S. Solovyov.

The Voices of European Law: Legislators, Judges and Law Professors

AbstractEuropean Union legislators, CJEU judges and EU law scholars have produced streams of texts which determine both what EU law is and how it is perceived. We explore what these distinct “voices” tell us about the EU’s legal and policy priorities using a mega corpus compiling more than 200,000 legislative acts, 55,000 court rulings and opinions, and 4,000 articles from a leading EU law journal. Applying an unsupervised machine learning technique known as probabilistic topic modelling, we find that economic integration remains the focus of EU law, but that scholars tend to emphasize rights issues more and ignore certain topics, such as farming regulations, almost entirely. The relationship among these partly interdependent, partly autonomous voices, we suggest, can be conceptualized in terms of co-evolution. Legislation influences issue attention on the CJEU, which, in turn, influences what law professors choose to write about.

LEGAL PROTECTION OF THE CONSTITUTIONAL RIGHT TO HOUSING

Human rights as a phenomenon are, undoubtedly, the most important achievement of the modern era and the key element of civilizational development of global community; however, the range of duties that correspond to human rights must be taken into account as well. One of the major subjects in this system is the state, which bears the highest responsibility for protecting constitutional rights of its citizens. The “constitutional state” category used to characterize states with a sophisticated legal system is simultaneously distinguishable for high level of economic development, broad dissemination of democratic ideals and the priority of universal human values. However, this system is built on clearly defined legal priorities. The right to remedy is the measure and the guarantor of democratic society. With the proclamation of Ukraine as an independent state, the right of everyone to legal remedy became one of the fundamental, constitutionally guaranteed human rights. The human and citizen right to legal remedy belongs to the category of civil rights, and moreover, it contains a legal guarantee against abuse of power by particular persons, as well as by the government. Also, Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right for an effective legal remedy. Embodied in the constitutions of the majority of developed states, it occupies a prominent place in the structure of the legal-constitutional status of a person and represents an indispensable factor. The right to justice is reflected in the fundamental principles of the judiciary. Therefore, this right consists of the following elements: accessibility of justice; the right to appeal and cassation appeal of court judgments; independence and impartiality of courts; equality of all participants of a judicial proceeding before law and court; the right to remedy; publicity of court trials; trial of the case in the shortest possible time provided by law. At the same time, protection of the right to housing necessitates fast resolution of disputable legal issues in certain cases, which court trials sometimes cannot guarantee.

Peculiarities of the Uruguayan Foreign Service

The article deals with the legal framework, priorities and characteristic features of the Uruguayan Foreign Ministry’s activities, which may be of certain interest from the point of view of the theory and practice of the diplomatic service. The author comes to the conclusion that the compact structure and small size of the Uruguayan Ministry of Foreign Affairs and of its overseas agencies allow not only to effectively fulfil the tasks, but also to quickly respond to modern challenges and adapt to new realities.

TM-Link: An internationally linked trade mark database

This paper reports on the construction of a new database – called TM-Link – that contains 12 million trade mark applications and registrations across six jurisdictions – Australia, Canada, New Zealand, the United States, the United Kingdom and the European Union. A new feature of the database is the identification of trade mark equivalents (or families) within and across national trade mark offices. Equivalent trade marks are two, or more, insignias for the same product applied for by the same company. For patents, equivalents can be easily identified as they are almost universally linked through a legal priority nominated in the application, but for trade marks legal priority is territorial, so the incentive to file for global priority is comparatively weak. To identify the number of true trade mark equivalents we therefore create synthetic links using a neural network-based machine learning algorithm.