Legal Provisions Research Articles

The Impact of Cryptocurrency on Money Laundering Practices

The coming of cryptocurrencies has, amazingly, changed the face of the financial space. It has opened up opportunities and challenges in the field of money laundering. The deep impact of cryptocurrencies on the practice of money laundering becomes a detailed study. Since digital currencies are embedded with inherent characteristics, such as anonymity, decentralization, and the ease of performing cross-border transfers, criminals have now found new ways to conceal their illicit financial activities. The paper critically reviews how cryptocurrencies are used in money laundering schemes, evaluates the effectiveness of current legal provisions and anti-money laundering measures, and reviews case studies that exemplify real-world applications and challenges to regulatory bodies. Moreover, it offers recommendations on the use of new technologies, like blockchain analytics, toward better detection and prevention of money laundering through cryptocurrency. The paper thus provides a range of useful insights, associated with recommendations for the strengthening of the global regulatory framework in dealing with the increased threat of cryptocurrency money laundering, through a synthesis of the literature review, case analysis, and expert interviews. The paper contributes to this debate by providing insight into the challenges that regulatory authorities face and making recommendations to improve anti-money laundering efforts in the cryptocurrency space. This is done through an in-depth review of recent cases and legislation in this area. The findings were that, though cryptocurrencies pose a great challenge, innovative technology solutions coupled with international cooperation can play a vital role in mitigating the risks associated with cryptocurrency-based money laundering.

Reasons and consequences of cancellation of the Commercial code in Ukraine

The article analyses the reasons and potential consequences of the abolition of the Commercial Code of Ukraine. It is noted that the Ukrainian legal system, like any other, must adapt to changes in society. Among the key factors influencing the need for changes are European integration processes and the consequences of the Russian-Ukrainian war. It also highlights internal problems and contradictions between different legislative acts that need to be resolved. The Commercial Code of Ukraine was adopted in 2003 to regulate economic relations between business entities and public authorities. It consisted of nine chapters covering various aspects of economic activity. Over time, shortcomings of the Code were identified, such as fragmentation of legal provisions and conflicts of consistency with other legislative acts. This necessitated its revision and improvement. It is emphasised that there are several approaches to solving the problem. Some experts believe that the contradictions between the Commercial and Civil Codes can only be resolved by cancelling the Commercial Code. Others are convinced that the Code can be modernised by removing contradictory provisions and harmonising it with other legislation. The abolition of the Commercial Code may lead to significant changes in the legal framework, create a period of legal uncertainty and cause problems for legal entities engaged in economic activity. However, it may also help to simplify the legal regulation of economic relations, making it more transparent and understandable for business entities in other societies. This can create the basis for the development of the business sector and attract investment to our country. It is important to carefully prepare for the abolition of the Commercial Code, ensure a smooth transition to the new legal framework and minimise possible risks to Ukraine’s economy and legal system.

Prospects of organizational and legal provision of energy security of Ukraine in the conditions of modern geopolitical processes

The scientific article is devoted to one of the important objects of national security – energy security. The organizational and legal approaches to the regulation of energy security are singled out and certain aspects of state regulation of energy efficiency are outlined, taking into account modern geopolitical processes. The definition of energy security is formulated, its global nature is indicated, which determines its provision through the joint efforts of all countries of the world, taking into account the internal characteristics and needs of the industry. It was emphasized that energy security as an object of state policy in the conditions of armed aggression against Ukraine requires proper legal regulation and continuous coordinated state management influence in order to ensure the energy independence of the country and the stable operation of energy infrastructure facilities. The analysis of the legal provision of energy security in Ukraine allowed us to come to the conclusion about the ramifications of the legislation in the specified area, the lack of optimization and systematization of energy legislation, its conflict and tolerance for the monopoly position of energy market participants. In the conditions of the war in Ukraine, the main direction of legislative regulation of the energy market is the introduction of tax benefits, temporary special taxation regimes. It was concluded that the introduction of the Institute of the Authorized President of Ukraine on Energy Safety, the development of the Institute of Public Control in the specified field is considered a promising direction for improving the national institutional mechanism for ensuring energy security. Arguments are also given that the institutional and legal mechanisms for ensuring energy security should provide for: permanent strategic planning of the development of the energy sector; coordination of energy policy with other areas of state policy; elimination of illegal administrative influence on energy market participants; taking measures to improve energy efficiency; creation of conditions for the development of technological innovations in the field of functioning of the energy infrastructure; increasing the effectiveness of preventing cyber threats; taking measures to reduce the level of corruption and the influence of the political will of elites on the energy market of Ukraine, state deregulation and demonopolization of the energy resources market.

Legal regulation of economic security in Ukraine

It is indicated in a legal state, regulation of interaction between members of society, coordination of their interests and smoothing of conflicts arising between them and their associations is unthinkable without law. With the help of the influence of law on social relations, it is possible to order and regulate them in a civilized manner. In the sphere of achieving a state of security, the law allows you to set the limits of what is permitted, to determine the obligations and prohibitions in the behavior of the relevant subjects. Due to regulatory legal regulation, security receives a unique meaning that determines the final goal of its provision, connects it with national priorities and interests of each legal entity, preventing blurring of the understanding of the essential characteristics of the basic category «national security» and its derivatives. The conducted scientific analysis of the legal regulation of the economic security system of Ukraine made it possible to conclude that it has a complex and multifaceted nature, that is, it involves the creation of a complex of legal, economic and administrative-organizational mechanisms aimed at ensuring the rights of citizens and other subjects of economic activity to protect private property, economic freedom and unimpeded implementation of economic and other economic activities. It is pointed out that the state should implement the appropriate organizational and legal provision of economic security of Ukraine, aimed at increasing the investment attractiveness of the country, eliminating offenses in the economic sphere. The analysis of regulatory legal acts made it possible to single out the following shortcomings of the legal provision of economic security of Ukraine: complexity, vagueness and inconsistency of individual legislative norms, ambiguous interpretation in their application; inconsistency between developers and lack of system of legal acts regulating economic security. It was concluded that the presence of such shortcomings indicates the need to modify approaches to the formation of legal support for the economic security of the state, to make changes to the current legislation.

Medicine management: legal and ethical principles

This article explores the legal and ethical issues that impact the safe administration of medicines. A discussion is provided on understanding the role of the healthcare assistant (HCA), assistant practitioner (AP) and informed consent, which is key to ethical and legal care provision. Mental capacity and the practice of covert medication administration is also outlined. By upholding ethical and legal principles, the HCA and AP can ensure that patient-centred care, which respects individuals' rights and promotes their wellbeing, is consistently practiced.

Legal reservations in fulfilling the purpose of the European principle of legal certainty on the example of Ukrainian legislation

The relevance of this study lies in the fact that the legal systems of states that recognise and enforce the rule of law are increasingly subject to integration influence: the general requirements of rule-making are unified and ensured by the common obligations of the member states of international communities. The purpose of this study was to conduct a logical and legal analysis of legal reservations as a means of designing (constructing) legal norms to fulfil the purpose of the principle of legal certainty in national legislation. The study employed various methods of scientific cognition, including axiological, analytical, systemic, special legal, hermeneutical, logical, modelling, etc. The use of these methods has provided the basis for the scientific hypothesis regarding the composition of the principle of legal certainty and the nature of legal reservations. The study summarised that the principle of legal certainty as a component of the rule of law is based on the concept of predictability, which is achieved by ensuring clarity, unambiguity, and comprehensibility of legal provisions, and completeness of their content in the normative forms of national legislation. It was found that the requirements of the legal certainty principle can be met by applying a unified technique of rule-making, structuring, and formulation of regulatory provisions, where legal reservations are given a significant importance. The study identified and characterised the crucial features of legal reservations through understanding them as an element of rule- making technique in fulfilling the purpose of the European principle of legal certainty. The study outlined the essential properties of legal reservations and general requirements to them. The legal reservations are defined in the rules of law of national legislation as an element of rule-making technique, the content of which is determined by the social purpose of law. The study proved that they take the form of linguistic constructions, specify the purpose of a legal provision and the limits of its effect, and ensure the accuracy and predictability of a regulatory prescription. The findings of this study are of practical significance, as they can be used in research – for further investigation of topical issues of rulemaking technique, in lawmaking work – in the development of regulations

GUARDA COMPARTILHADA: HISTÓRICO E PREVISÃO LEGAL

Shared custody has gained increasing relevance in the Brazilian legal landscape as a mechanism to promote balanced and healthy interaction between parents and children after the dissolution of the marital union. This article analyzes the historical evolution and legal framework of shared custody in Brazil, with an emphasis on Article 1584 of Law No. 10,406/2002, amended by Law No. 11,698/2008, which establishes guidelines for the implementation of this custody model. The study addresses the historical context and the legislative motivation behind the implementation of shared custody, highlighting the role of social and cultural changes in valuing parental co-responsibility. The legal analysis details how Article 1584 promotes shared custody as the preferred model, except in cases of unfeasibility, emphasizing the importance of cooperation and communication between parents for the well-being of the children. Additionally, the article discusses the benefits of shared custody for the child, including maintaining emotional bonds with both parents, continuity of a balanced family environment, and the promotion of healthy emotional development. The legal provision of shared custody seeks to encourage responsible and collaborative parenting, mitigating the negative impacts of parental separation on children. It concludes that shared custody, as provided in Article 1584 of Law No. 10,406/2002, represents a significant advancement in Brazilian legislation, promoting a parenting practice that prioritizes the interests and well-being of the child, while encouraging the active and balanced participation of both parents in raising their children.

Conditions for Exercising the ‘Right to Be Forgotten’ on Social Media under the 2021 UAE Data Protection Law

The ‘right to be forgotten’ represents a facet of the broader right to privacy, encompassing information that was once disclosed but subsequently forgotten over time, leading to an individual’s desire to conceal it from public knowledge. This study delves into the establishment of this significant right, which is inherently tied to an individual’s personal identity. Specifically, this study centers on the legal prerequisites necessary to assert this right. It is noteworthy that there is a dearth of explicit legal provisions delineating the conditions for the ‘right to be forgotten’ within the realm of social media platforms. Given their crucial significance, this study endeavors to identify these conditions through a comprehensive analysis of the legal framework outlined in the 2021 United Arab Emirates (UAE) Personal Data Protection Law. The study encompasses discussions on the concept of the ‘right to be forgotten’, the requisite conditions for its substantiation, the non-mandatory conditions under the law, the implications of meeting the criteria for achieving the right to be forgotten and concludes with a summary of findings.

Согласие на причинение вреда как потенциальное обстоятельство, исключающее преступность деяния: к вопросу о содержании понятия

The problem of consent to injury raises almost the largest number of discussions in the Russian criminal law theory. Although the social relations need the respective legal regulation, the criminal law has no provision to determine legality of causing an injury upon the victim’s consent. The concept of consent to injury is the critical aspect of the problem under consideration. In this article, the author analyzes classical and contemporary approaches to defining the named concept and the list of its attributes and concludes that the consent to injury as a circumstance that excludes the criminal nature of the act is a will of a person that is formed based on personal interest gives rise to permissive criminal relations and is aimed at performance of an act by another person leading to socially relevant changes in a specific criminal law protection object owned by the consent subject. The conclusions presented in the article can be used as a theoretical basis for studies of conditions of acknowledging an injury caused upon the victim’s consent as legal, and in law making activities at design of respective legal provisions on consent to injury as a circumstance that excludes the criminal nature of the act.

The significance of the social environment to achieve the efficiency of legal regulation constitutional legal relations

The purpose of the paper is to identify the problems of efficiency of legal regulation of constitutional legal relations, to study the impact of the social environment on the efficiency of legal regulation of constitutional legal relations, and also to make proposals for overcoming the problems of efficiency of legal regulation of constitutional legal relations. The paper examines the importance of the social environment for achieving effectiveness of constitutional and legal norms. The author considers the influence of legal awareness, relationship between political culture and implementation of constitutional and legal norms, and the role of economic factors in this context. The importance of legal awareness as a key factor influencing the implementation of constitutional and legal norms is investigated. According to the conclusions of this study, the formation of an informed and highly developed legal consciousness in the society is a prerequisite for successful implementation and observance of constitutional norms. The importance of political culture as a factor determining the attitude of citizens to the political system and legal norms is investigated. It is concluded that a high political culture contributes to the establishment of stability and trust in constitutional and legal norms, and facilitates their effective implementation. It is determined that economic factors can influence the implementation of constitutional and legal provisions through the impact on socio- economic living conditions. The work points to the need to take into account economic aspects in the formulation and implementation of constitutional and legal provisions to ensure their effectiveness. The social environment, such as legal awareness, political culture and economic factors, is key to the successful implementation of constitutional and legal provisions. The integration of these factors into the formulation and implementation of legal norms is strategically important to achieve the goal of a stable and effective constitutional system.

Pertanggungjawaban Hukum Peminjaman Nama Perusahaan Untuk Mengikuti Pengadaan Barang Dan Jasa Pemerintah

Introduction: The practice of using another company's name to participate in government procurement contracts is a common occurrence today. Although there are no explicit regulations prohibiting this practice, borrowing another company's name can be done due to affiliations between related companies or as an attempt to deceive the bidding organizers.Purposes of the Research: This research aims to examine and analyze the legitimacy of the practice of borrowing a company's name to participate in government procurement of goods and services, as well as the forms of accountability for breaches of contract in the implementation of such name borrowing in procurement processes.Methods of the Research: This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach), a conceptual approach (conceptual approach) and a case approach (Case Approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.Results of the Research: The research findings indicate that the practice of using another company's name in government procurement of goods and services violates various legal provisions, including Presidential Regulation No. 16 of 2018, Regulation of the Procurement Policy Agency (LKPP) No. 9 of 2019, as well as the Law on the Prohibition of Monopoly Practices and Unfair Business Competition. This practice also fails to meet the requirements of a valid agreement as it contradicts the law. The winning company of the tender is fully responsible for the contract's implementation, including if it utilizes another company's name, and can be sued by the aggrieved party in case of breach of contract, with legal consequences including compensation, contract termination, administrative sanctions, blacklisting, and criminal penalties.

Warisan Mafqud dan Orang Mati Bersama Menurut Imam Mazhab dan Hukum Islam di Indonesia

This study aims to examine the legal implications for inheritance rights for parties involved in cases of mafqud (missing persons) and individuals who die together according to Islamic law and the Compilation of Islamic Law (KHI) in Indonesia. The research employs a normative legal study method with an Islamic law approach. The findings indicate that Islamic law provides specific provisions for mafqud cases, considering an individual deceased after a certain period, while in cases of individuals dying together, inheritance distribution is based on confirmation of the order of death. KHI follows a similar principle and involves religious courts in resolving inheritance disputes to ensure fairness. The discussion emphasizes the importance of consistent application of legal provisions and the crucial role of religious courts in addressing uncertainty and conflicts in inheritance distribution.

Performance of Law Enforcement Officials in the Application of Article 33 of Law No. 11 of 2012 in the Vina Cirebon Case

This study examines the performance of law enforcement officials in applying Article 33 of Law No. 11 of 2012 within the context of the Vina Cirebon case. Utilizing a qualitative approach, the research employs juridical normative analysis to explore the effectiveness and challenges faced by officials in enforcing the law. The findings reveal varying levels of understanding and awareness of Article 33 among law enforcement officials, impacting the consistency and effectiveness of its application. Key challenges identified include insufficient training and resources, discretionary decision-making, and difficulties in victim participation. Despite the potential benefits of diversionary measures, inconsistencies in their application and a lack of follow-up mechanisms hindered their effectiveness. The study concludes with recommendations for enhancing training programs, standardizing procedures, improving victim engagement, and increasing resources to support the successful implementation of diversion measures. This research contributes to a deeper understanding of the practical implications of legal provisions and offers recommendations for strengthening the juvenile justice system in Indonesia.

RATIO DECIDENDI DALAM MENOLAK PUTUSAN GUGATAN PERCERAIAN BERDASARKAN PUTUSAN NOMOR 1319/PDT.G/PA.TBN DI PENGADILAN AGAMA TUBAN DALAM PERSPEKTIF KEADILAN

Marriage is an innate and inner bond between a man and a woman as husband and wife. In a marriage, various problems related to husband and wife will arise, so they are required to understand each other in all things. This research includes a type of empirical juridical research, namely examining the applicable legal provisions and what happens in reality in society, the researcher takes a location at the Religious Court, namely the Tuban Religious Court, as for the method used in analyzing the data using the descriptive analysis method. Based on the results of the study, there is a conclusion that can be drawn that based on Case Number 1319/Pdt.G/Pa.Tbn of 2023 there was a quarrel that lasted continuously which led to the separation of residences, Legal consequences after the decision of Case Number 1319/Pdt.G/Pa.Tbn of 2023 if the lawsuit is rejected then the wife still remains the official wife, then from the perspective of justice to Decision Number: 1319/Pdt.G/Pa.Tbn of 2023 is to file a new lawsuit, witha record of evaluating and improving the lawsuit as based on the Jurisprudence of the Supreme Court of the Republic of Indonesia Number 110/K/KG/1992 dated July 23, 1993 which was used as a reference in the National Working Meeting (Rakernas) of the Supreme Court of the Republic of Indonesia in 2007. For the parties, it is necessary before and when entering into a legal relationship with marriage, it is necessary to consider and implement the purpose of marriage as per Law No. 1 of 1974 concerning marriage. Although the judge decides to use the applicable legal system when deciding the case, the judge can use his conscience by strengthening his or her suspicion about the consequences of disputes and quarrels that occur in a-quo cases as per the jurisprudence of the Supreme Court of the Republic of Indonesia Number 299/K/AG/2003 dated June 8, 2005.

Emerging Artificial Intelligence In Therapeutic Agreements With A Medicolegal Approach

Introduction: Medical services use artificial intelligence for operating to help and even transform the healthcare system. AI innovators have developed tools to improve clinical care processes, advance medical research, and increase efficiency in medical services.Purposes of the Research: The purpose of this article is to analyse the legal validity of therapeutic agreements using AI in medical field.Methods of the Research: The research method used is a normative juridical research type with an analytical approach.Results of the Research: The results show that medical services are complex and closely related systems, and always contain risks, so they must be carried out with great care. Legal provisions governing the use of AI in therapeutic agreements with a medicolegal approach must be able to evaluate and ensure the safety and accuracy of medical decisions made by AI "thinking algorithms".

Perlindungan Hukum Terhadap Hak Kekayaan Intelektual Hak Cipta dalam Perspektif Hukum Pidana

Indonesia is a country of law, not a country of power. This declaration is clearly explained in Article 1 paragraph (3) of the 1945 Constitution. As a constitutional state, Indonesia has a number of legal provisions. One of the provisions of this law is copyright law. Meanwhile, copyright actually falls within the scope of the Intellectual Property Rights (IPR) Law. This research uses many approaches, including a legal approach which is carried out by examining all legal provisions relating to the legal issues being studied. Apart from that, the conceptual approach also deviates from the perspectives and theories developed in legal science. One of the common obstacles is weak law enforcement against copyright infringement. This is caused by various factors, including a lack of human resources, technology and budget for copyright enforcement. In addition, courts continue to face obstacles in handling copyright infringement cases, including judges' limited knowledge of copyright and a lack of evidence. It can be concluded that copyright law enforcement in Indonesia still faces several problems, such as weak supervision and inefficient law enforcement. This has an impact on the number of piracy cases that occur in Indonesia. To increase the application of criminal sanctions for copyright infringement, the Indonesian government needs to strengthen law enforcement and provide education and training to judges and other judicial personnel.

"MAMA PAPA PLEASE HEAR ME": THE PARTICIPATION OF CHILDREN IN CHILD CUSTODY MEDIATION IN THE SYARIAH COURTS OF MALAYSIA

The laws in Malaysia uphold the rights of children to participate in family law proceedings, particularly in custody disputes. However, with regard to the practice of mediation (sulh) in child custody disputes, the specific legislation that highlights measures to obtain the views of children is still vague. This paper will discuss the practice of children’s participation during mediation (sulh) in child custody disputes. The study reported in this paper has also highlighted the challenges and the adequacy of legal provisions on the practice of children’s participation during mediation (sulh). The present qualitative study has adopted a library-based research method to collect information, data, and theories from selected materials, including journal articles, textbooks, statutes, and interview methods. It also discussed how children were engaged in court-directed mediation proceedings in the Syariah Court of Malaysia. It has also examined the practice of the Syariah court in accepting the voice of children in mediation regarding decision-making in child custody dispute cases. The examination focused on the relevant legislations and policies relating to children participating in mediation in the context of international legal provisions and Syariah laws. The paper further discussed the analysis of whether the rules and procedures in Malaysia are adequate to sustain children’s participation during mediation. The data were also gathered from interviews conducted with mediators or sulh officers. Finally, the study revealed that interviewing children during sulh sessions at the Syariah Court is common even though there are no clear regulations on the practice. It is suggested that a broader interpretation of the current legislation on the voice of children enables the legality of the practice of accepting children’s voices during the Majlis Sulh. Furthermore, it is recommended that a proper standard operating procedure (SOP) for obtaining children’s views during the mediation (sulh) process is also needed.

Peran the International Committee of the Red Cross (ICRC) pada Perlindungan Jurnalis Korban Perang Menurut Hukum Humaniter International

This article examines the role of the International Committee of the Red Cross (ICRC) in protecting journalists who are victims of war under international humanitarian law. The protection of journalists in armed conflict is an important issue given their role in conveying information to the public. International humanitarian law, through various instruments such as the Geneva Conventions and their Additional Protocols, emphasizes the need for special protection for journalists who are not involved in combat. The ICRC, as an independent humanitarian organization, plays a role in ensuring the application of and respect for these legal provisions. This article explores the steps taken by the ICRC, and highlights the challenges and opportunities in improving protection for journalists. The analysis also demonstrates the importance of international cooperation in strengthening compliance with international humanitarian law.

LEGAL FRAMEWORK FOR E-SYARIAH AND I-SYARIAH IN JUDICIAL SERVICE DELIVERY IN MALAYSIA: ITS DEVELOPMENT AND CHALLENGES

The electronic technology transformation within the Syariah Court management system in Malaysia has created a new dimension which is geared towards a more efficient, comprehensive, and allinclusive Syariah Court service delivery process. This research aims to analyse the challenges in developing this Syariah Court management system, namely the e-Syariah system implemented at the Federal level and the i-Syariah system which is applicable in Sarawak. An in-depth investigation was conducted on the modules developed in the e-Syariah and i-Syariah systems to obtain inclusive research information on the areas of concerned. A qualitative research method was employed to explore the progressive challenges in developing the e-Syariah and i-Syariah systems, and this was followed by a comparison of the systems applied by the Civil Courts and the contents of the system applied by the Syariah judiciary institutions in Malaysia. The findings revealed several challenges in developing the Syariah Court management system in Malaysia from the perspective of legal provisions, as well as information and communications technology (ICT). This matter has been viewed positively by the Department of Syariah Judiciary Sarawak (JKSS) and the Department of Syariah Judiciary Malaysia (JKSM), leading to the close cooperation with the Sarawak Information System Sdn. Bhd. (SAINS) in developing i-Syariah and e-Syariah to be applied in the Civil Courts. An upgrade of the e-Syariah system was carried out by the JKSM to respond to the challenges of digital technology applications in Malaysia, hence enabling the delivery of Syariah judiciary service that can be implemented successfully, systematically, and dynamically.

The Performance of Investigative Action through Videocommunication

The article examines the essence of conducting an investigative operation through videocommunication the criminal procedure provided by the Code of Criminal Procedure of the Republic of Armenia as an exclusive measure, the grounds for conducting an investigative operation through videocommunication the criminal procedure, and the procedural procedure for conducting an investigative operation through videocommunication the criminal procedure. While studying the selected topic, the legislative features of conducting an investigative action through videocommunication the use of a special case and the practical significance of its implementation were analyzed. The topicality of the chosen topic is due to the different interpretation of the legal provisions on investigative actions by means of the species. The purpose of the research of this topic is to study the features and grounds of investigative action in criminal proceedings using forensics, in particular, to identify the essence of conducting investigative actions through videocommunication forensics in criminal proceedings, the logic of legal regulations on the grounds for conducting investigative actions through videocommunication forensics, and the presumed will of the legislator, as well as to identify investigative procedures through videocommunication forensics features and problems of the procedural order of execution of the action. When studying the topic selected in the article, the legal comparative method, deductive and inductive, as well as analysis and abstraction methods were used.