Legal Purpose Research Articles

ДОГОВІР МІЖ СПАДКОЄМЦЯМИ: ПОНЯТТЯ, АНАЛІЗ ХАРАКТЕРНИХ ОЗНАК У ЗОБОВ’ЯЗАННЯХ СТОРІН ТА ПРАВОВІ ПІДСТАВИ ЗМІНИ І ПРИПИНЕННЯ

Based on the deduction method, the article analyzes the contract between the heirs regarding the distribution of inheritance, which is designed to regulate the exercise of the right to inheritance. Attention is drawn to the fact that inheritance contracts are characterized by a non-competitive way of concluding contracts, which is due to the fact that inheritance is based on special relationships that make it impossible for market competition to exist between the subjects of such relationships – the heirs. The characteristic features of such a contract are singled out, namely: these contracts are concluded in connection with the opening of inheritance; have a personal trust, local and temporary character; their legal purpose is to establish by the heirs their own conditions of inheritance; these contracts directly affect property relations. The specified features made it possible to form the author’s definition of contracts on the distribution of inheritance, as contracts that provide for an agreement between the heirs who accepted the inheritance, aimed at ensuring their fair distribution of the inheritance, its share or the right to inheritance, the registration of which is possible after the expiration of a six-month period from the time of the opening of the inheritance and until the notary issues a certificate of the right to inheritance. The reasons for changing and terminating contracts between heirs are analyzed, based on cases specified by law and specific objective factors in contractual obligations. It was concluded that the legal nature of the termination of the contract is inseparably connected with the essence of the civil legal obligation, including the one that arose on the basis of the contract (contractual obligation). Accordingly, the legal grounds for terminating the obligation are, in many respects, the legal grounds for terminating the contract at the same time. At the same time, it has been proven that the grounds for termination of the obligation can be provided directly by the contract or by the norms of other articles of the Central Committee of Ukraine. Key words: obligations, change and termination of contracts, contract on distribution of inheritance, inheritance, inheritance rights.

CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION AND ITS ROLE IN CONSTITUTIONAL AND LEGAL REGULATION

The purpose of the study. Article is devoted to a role of the Constitutional Court of the Russian Federation in constitutional and legal regulation. Doctrinal approaches to the legal nature and legal status of acts of the Constitutional Court of the Russian Federation are presented. Studies the impact of constitutional justice on the legal system in Russia. The purpose of the study is to study the role of the Constitutional Court of the Russian Federation in constitutional and legal regulation. The article uses dialectical, formal-legal, logical, comparative-legal and other methods of cognition. Results. In the system of state authorities, the Constitutional Court of the Russian Federation has a special role due to its special legal status and the peculiarities of full-time. The normative nature of the final decisions of the Constitutional Court of the Russian Federation presupposes the introduction, amendment, clarification, cancellation of legal norms. This function of the constitutional justice body plays a significant role in the development of not only the doctrinal side of law, but also determines the formation and transformation of legislation, both constitutional and left-wing. The activities of the Constitutional Court of the Russian Federation as a body of constitutional control are also defined as a constitutional interpretation of the norms of law in a certain area of public relations, which is an important mechanism for improving the legal system. An important feature of the legal nature and role of decisions of the Constitutional Court of the Russian Federation are their legal properties, consisting in clarifying the application of legislation in various fields based on the disclosure of their constitutional and legal meaning and purpose. The method of legal influence of the decisions of the Constitutional Court of the Russian Federation is to justify the constitutional and legal meaning of certain norms of sectoral legislation in order to harmonize sectoral sources of law with constitutional provisions and ensure their correct application.

Mutiny on Trial: Law and Order among Seventeenth-Century Seafarers

Abstract This article offers a new interpretation of mutiny, and of the ways in which this concept was defined and implemented in maritime law during the seventeenth century. It particularly focuses on British seafarers and the evidence surviving in the papers of the English High Court of Admiralty, placed in a comparative perspective with reference to other states’ legal provision. Scholars of maritime social history have been particularly preoccupied with the idea of mutiny but have rarely provided a precise decision of it, or explored its legal intricacies, while generally basing their ideas on the increasingly punitive regulations issued by state navies. Some have presented mutiny as an essentially responsive action by which mariners expressed grievances and appealed to shared ideas of patriarchal justice. Others have found in mutiny the stirrings of a distinctively maritime tradition of political radicalism which fermented throughout the early modern period and ultimately contributed to the age of revolutions in the late eighteenth and early nineteenth centuries. Across this divide, most historians have concurred in presenting it as an extreme, and often violent, act of resistance to constituted authority. This article shifts our attention to the supposed origins of this authoritarian system in the seventeenth century and expands our analysis beyond the martial law of state navies, which applied only in a specific and limited number of ships. It begins by considering the fragmented nature of the multiple systems of national, municipal, military, and customary maritime laws which governed seafaring, arguing that even in naval law there was no consistent definition or prosecution of mutiny, and that the provisions of customary law (much more ubiquitous than naval law) were far less draconian than popular myth would suggest. The article then turns to the depositions of mariners presented in admiralty court cases to explore how seafarers themselves delivered narratives about their conduct at sea, countering accusations of mutiny levied by their employers. It is particularly important to take into account the legal purpose and context of these sources, which highlight disputes and divisions and where statements were strategically crafted – on both sides – to pursue certain objectives. Through this analysis of both legal codes and legal practice, this article demonstrates that authority and law at sea were not a simple matter of unconfined power meeting radical resistance, nor of acquiescence to established hierarchies. While conflict, mistreatment, and asymmetries of power were undoubtedly present in early modern seafaring, the evidence from the High Court of Admiralty shows that, even at sea, shipmasters’ and their crews’ actions were shaped by knowledge of maritime law. Moreover, seafarers and their employers (whether commercial or imperial) shared expectations about the limits of commanders’ power and about consensus and compromise aboard ship. Discussion and protest were only considered mutinous when a voyage failed and provoked recriminations over who should bear the fault and the cost: the consequences, more than the act itself, defined its legal status. This article therefore provides novel reflections on the social dimensions of maritime labour and the agency of early modern seafarers within imperial and legal systems.

Wife’s Obligations According to Marriage Law: Perspective of Legal Purpose Theory

Background. The wife’s obligations under marriage law are contrary to Islamic law.. This difference raises questions about the suitability of the law with social values. Social history records significant developments in the role of the wife in the dynamics of household affairs. Aims. To analyze the basis of Article 34 paragraph 2 of the Marriage Law concerning the wife's obligation to manage household affairs and theoretical views on the purpose of the law on the article. Methods. Normative legal research uses a conceptual approach to explore the understanding of the basis of law. Data were obtained through literature studies and analyzed descriptively based on the theory of the purpose of law. Results. Article 34 paragraph 2 iin terms of justice, reflects distributive and commutative justice. The fair division of roles between husband and wife is reflected and affirms equality in lineage and family identity. Justice will be achieved by avoiding exploitation or inequality in the exchange of roles. The wife's obligations in terms of benefits are considered an effort to achieve the greatest possible benefits for individuals and families. Consistent and clear application of the law is very important in terms of certainty. The history of marriage law shows the complexity in the interpretation and application of the law. Efforts to create legal certainty have been made through the unification and simplification of laws, as well as the affirmation of norms that regulate the wife's obligations firmly and unambiguously.

FOREIGN ECONOMIC ACTIVITY IN THE SYSTEM OF ACCOUNTING AND ANALYTICAL MANAGEMENT SUPPORT

The article decomposes the foreign economic activity of enterprise through the prism of accounting and analytical support of management. It has been determined that current trends in the development of the domestic and world economy, specificity and peculiarities of activities of individual business entities in the field of foreign economic relations, the need for further development of methodology and methods of accounting and analysis of foreign economic activity, taking into account the objectively arising needs for the development of information support for management, determine the relevance of decomposition of foreign economic activity in the system of accounting and analytical support for management. It is substantiated that the basis for the decomposition of foreign economic activity in the system of accounting and analytical support of management is the concept of the type of activity. The organisation of accounting of foreign economic activity at a particular enterprise is largely determined by the type of foreign economic activity inherent in this enterprise. In the process of production and economic activity, enterprises, as a rule, face several types of foreign economic operations simultaneously. The accounting and analytical aspects of management of foreign economic activity of enterprise are systematised. A model of decomposition of the foreign economic activity of enterprise has been developed. It is proposed that the model of decomposition of foreign economic activity of enterprise should include types of foreign economic activity and accounting and analytical aspects, grouped into blocks: key aspects; characteristics of types of foreign economic activity, organisational and legal conditions, purpose, directions and results of functioning, accounting approaches and basic analytical criteria, performance indicators, structural construction and functioning, etc. The developed model provides for the reflection and determination of performance results by types, subtypes, segments and other classification features of foreign economic activity in order to obtain analytical, detailed, transparent and relevant information based on financial, management and strategic accounting data. Formation of an integrated system of accounting and analysis of foreign economic activity is based on consideration of regulatory, contractual, structural, accounting, analytical, control and software and hardware support of foreign economic activity.

THE ROLE OF LAW AND GOVERNMENT IN LEGAL PRACTICE

The proposed scientific article comprehensively examines the legal analysis of the interaction of the concept of law and power, which provides for a clear application of current legislation in modern society. The need for law has a higher legal purpose fixed and secured by positive legal qualities and legal elements of law, creating a space for free behavior of all participants in public relations in accordance with the principles of freedom, humanism, spiritual wealth and material interests of man and citizen, currently being studied taking into account world legal practice. Currently, the role of law in the system of legal regulation in society represents the role of the state and law in various legal forms, implemented through law, in its imperative power activities. This legal interpretation is due to the influence and development of the legal system of norms-definitions as a legal model of the behavior of subjective rights in modern society, where the implementation of law is defined as the implementation of legal regulations, this is an improved protection of human rights under the current Constitution of modern countries, from the point of view of legal science. The need to study the interaction of the concepts of law and power as a single legal mechanism, their legal norms is widely used in modern society and is contained in legal institutions to build a rule of law state in accordance with the legislative system and legal principles, where it is provided with the positive law necessary for the legal institutions of society. When studying the concept and operation of the legal mechanism applied by state authorities in legal practice, the law itself specifically determines the needs of modern society in the law itself, and vice versa, the entry of legal institutions into the sphere of state power is necessary to maintain imperative principles in the field of law, using the broad powers of law, as a category of law in modern society.

Muddied waters: Freedom-of-navigation operations as signals in the South China Sea

Freedom-of-navigation operations (FONOPs) led by the United States have become a prominent policy tool in the South China Sea. These operations, however, have caused much confusion and consternation in the region despite the limited legal purpose that they officially serve. Why? This article departs from existing research by examining FONOPs as a form of signalling. Utilising an original dataset on US FONOPs in the South China Sea, we explain why and how FONOPs are ambiguous signals. Because of the nature of FONOPs using warships, the complexities in the maritime environment, and the irregularity of FONOPs, serious sender–receiver gaps emerge in the South China Sea regarding whether FONOPs signal resolve, coercive intent, and/or intentions to check certain states’ broader ambitions. Our analysis reveals that some signalling interpretations of FONOPs in the region are more plausible than others, thus helping to reduce the signalling ambiguity of these operations.

КОМУНІКАЦІЙНІ СТРАТЕГІЇ В ПУБЛІЧНОМУ УПРАВЛІННІ ТА АДМІНІСТРУВАННІ

The article shows that communication in administrative systems has a public and legal purpose and regulates the movement of individual administrative subjects to the social community while preserving a certain degree of autonomy, independence, self-determination, and individuality of these subjects. The authors emphasize that regardless of the form of communication, the communication process plays a vital role in public administration. It was found that communication processes in public administration include elements such as administrative bodies and communities, communications, messages, information barriers, and feedback. It was determined that if the external communication of state administration is aimed at influencing civil society, receiving recommendations from society representatives, and adjusting positions, internal communication absorbs the entire administrative system from the inside and is the primary driving force in making major management decisions. It turned out to be a key driving force in management decision-making. This article analyzes the properties of communications in public administration. It is noted that communication is the exchange of information between two subjects. For public administration bodies, feedback is an essential element of communication activity, which emphasizes the transition from one-way notification of citizens about government actions to two-way communication - "civil society - government - civil society". It has been demonstrated that communication should ensure the effective exchange of information between the subject of management and the object of management, establish communication channels for the exchange of information between individual personnel and groups, adjust and arrange information flows to improve relations between communication subjects at different levels in the process of information exchange. It is emphasized that there are many different communication channels in the administrative system, and it is difficult to determine which are the most important and necessary.

Право ребенка на семейное воспитание: проблемы защиты в аспекте конвергенции публичных и частных интересов

The article analyzes the features of the child’s right to education, the specifics of its implementation in modern conditions, determines its legal and social purpose, and the degree of influence on the child’s development. It has been proven that such an intangible right of a child is distinguished by a combination of public and private interests, the convergence of which allows each parent to freely exercise their right to raise a child, and the state, represented by public bodies, to ensure the protection of the rights of the child as a priority in the event of improper fulfillment by parents of their rights and responsibilities.

Bűn és büntetés a középkori egyházban

The medieval Latin Church had a very clear and elaborate theory of human sin and the punishment that was necessarily associated with it. This complex thought can be summarised in two main theories: theological theory and canon law, which can be particularly well illustrated by means of case law, i.e. the activity of the ecclesiastical courts. In the following overview, I will present the legal basis and purpose of punishment, as well as the types of punishment, based on the theological views of Thomas Aquinas on the one hand, and on the sources of medieval canon law on the other, illustrated with examples from canonical jurisdiction.

The influence of the decision of the European Court of Human Rights in the case "Polyakh et al. v. Ukraine" on the development of lustration as an independent type of constitutional and legal responsibility in Ukraine

The article is devoted to the analysis of lustration as an independent type of constitutional and legal liability in Ukraine and its evolution under the influence of the decision of the European Court of Human Rights in the case "Polyakh et al. v. Ukraine” (became final on February 24, 2020). It is noted that lustration, in view of its principles - presumption of innocence, individual responsibility, guaranteed right to defense - and in view of the consequences for the person subject to lustration, is an "instrument” that leads to the restriction of the rights and freedoms of a person and a citizen. This is an independent type of constitutional and legal responsibility that is developing in Ukraine and is an integral part of the development of Ukraine as a democratic state. It is noted that since lustration limits the rights and freedoms of a person and a citizen, it must meet the following criteria: be established by law; have a legitimate purpose; to be necessary in a democratic society. The decision of the European Court of Human Rights in the case "Polyakh et al. v. Ukraine” was analyzed. As for the legitimate purpose, when applying lustration as an type of constitutional and legal responsibility in Ukraine, it was applied to a very wide range of persons, which did not correlate with the legitimate purpose and legal purpose, which was to protect a democratic form of government. This large circle of lustrated persons included persons for whom the application of lustration did not pursue a legitimate goal, and the interference with their rights was not proportionate. Since the decision of the European Court of Human Rights is a source of law in Ukraine, and Ukraine has an obligation to implement the decisions of the European Court of Human Rights, taking measures of a general nature to implement the decision "Poliakh et al. persons subject to lustration and its clear definition. As for the measures that were applied to all persons subject to lustration, such measures were as restrictive as possible, as broad as possible in scope, and no individual assessment of the behavior of the person subject to lustration was carried out. When improving the legislation on lustration, it is necessary to provide for an individual assessment of the person subject to lustration; to apply restriction measures, which are characterized by different degrees of restriction and to establish the criteria for their measurement and application.

INTERNATIONAL LEGAL STATUS OF THE WORLD TRADE ORGANISATION IN THE CONTEXT OF ECONOMIC GLOBALISATION

The subject of the study is the conceptual, theoretical, empirical, methodological and applied foundations of the international legal status of the WTO in the context of economic globalisation. Methodology. General scientific and specific legal methods were used in the research process. With the help of the analysis the quantitative and qualitative characteristics of international trade are determined as a prerequisite for the determination of the international legal status of the WTO in the conditions of economic globalisation. The synthesis ensured the formation of characteristic features of the legal status of the WTO as an international organisation. The comparative legal method allowed to identify the common and distinctive features of international organisations in this area, as well as to clarify the defining aspects of the legal personality of the WTO in the modern international legal field. The formal-legal method created the conditions for formulating conclusions on the effectiveness of the implementation of the legal personality of the WTO in the sphere of ensuring the rules of international trade in the conditions of economic globalisation. The purpose of this article is to identify the characteristics of the international legal status of the WTO under the conditions of economic globalisation. The results of the study showed that the international legal status of the WTO in the conditions of economic globalisation is based on the basic principles of legal regulation of international trade and is mediated by the purpose of activity, legal personality, the order of formation and powers of the governing bodies, principles and procedural aspects of the functioning of this organisation. Conclusion. The international legal status of the WTO in the conditions of economic globalisation is considered from the standpoint of a dichotomous approach to this category from the standpoint of economics and law. Economic preconditions for the introduction of international trade rules in the form of GATT, 1947 and WTO research through the analysis of primarily statistical data of the periods 1947-1948 and 2017-2022, reflected in the consolidated information data of the WTO, as well as the study of individual theoretical considerations of scientists. Statistical indicators show clear signs of globalisation of the world economy, which is mediated by international trade operations, as a result of which the creation of transparent mechanisms for the circulation of goods within the framework of trade activities as a kind of existence of the world community through various static and dynamic legal constructions, among which WOT occupies almost the most significant importance along with other international organisations. The above is demonstrated by the example of the impact of COVID-2019 on international trade, the corresponding reaction to which was the revitalisation of trade processes, primarily in the field of pharmaceutical industry products. The above has covered the main principles of international legal regulation of trade relations at the formal and substantive level, which is carried out at the universal international legal, regional international legal and national levels. In connection with the differentiation of the components of the legal personality of the WTO, the definition of international legal capacity is given as the ability of a subject of international activity to acquire appropriate rights for itself by its own actions and to exercise them independently, as well as to create corresponding obligations for itself by its actions, to fulfil them independently and to bear responsibility in case of their non-fulfilment. In terms of the nature of this organisation, its place among other similar international organisations, in particular those operating within the framework of the UN, was invented by the field of activity, where attention is paid to the predominance of the latter in order to maintain international peace and security. The purpose of the activities of the WTO is to create and ensure international, multilateral, open, based on fair competition and other features inherent to trade in modern society, where the quasi-procedural moment, based on the replacement of a number of bilateral and multilateral agreements, is an external manifestation of such activity. It characterises the original and derivative legal instruments of the WTO's operation, defines the socio-economic and legal purpose of its activities, defines the structure and powers of the WTO's governing bodies, and focuses the organisation's legal personality on the procedural aspect of its activities, in particular through the implementation of relevant principles, among which the principle of maximum contribution plays a leading role.

Justice and Utility in the Settlement of “Klacht Delict” through Mediation: Concept and Impact in Aceh

This article examines the process of settlement of criminal cases of whole complaints resolved in Aceh through mediation. The settlement of “klacht delict (delik aduan)” cases in Aceh is practiced in the customary law society by directing the Qanun Aceh. The main focus of this study is the process of its completion, the legal effectiveness of the concept of mediation, as well as consideration of aspects of the legal purpose of the mediation process. This study uses empirical juridical methods which are analyzed using a restorative justice approach and legal sociology. Data was collected by conducting in-depth interviews and document studies. The results of the research showed that the criminal complaints settled by mediation with the non-litigation pattern practiced by law enforcement and the community in Aceh have met the legal objectives, including the aspects of utility and justice. This model of settlement has met the requirements of usefulness and justice for perpetrators and victims and is considered complete, so the case has not proceeded to the stage of investigation and is not passed on to the prosecution. Nevertheless, the settlement through mediation is not satisfied from the point of view of legal certainty, as the general criminal gap must not be resolved by mediation. Sociologically, this legal rule has an impact on society regarding criminal complaints that are resolved through mediation through non-litigation and are never again demanded for a law enforcement process regarding the results of the mediation which has been stated in the peace deed. So mediation has an impact on the realization of peace and order in society.

Prohibition of certain actions as a preventive measure: concept, legal nature

The study is devoted to problematic aspects of the definition of the concept of "prohibition of certain actions", as well as its legal nature. Since the introduction of the prohibition of certain actions into the mechanism of criminal procedure regulation (Article 105.1 of the Code of Criminal Procedure of the Russian Federation), various aspects of the functioning of the institution in question have been discussed in the scientific community. However, little attention has been paid to the issue of the legal nature and concept of this measure. The existing approaches to definition are reduced either to discussing the nature of procedural restraint or coercion in general, or listing the prohibitions established by Article 105.1 of the Code of Criminal Procedure of the Russian Federation, thereby forming the scope, not the content of this term. It seems appropriate to define the concept of "prohibition of certain actions" by establishing its legal nature, basic idea and purpose. The legal nature, the main idea and purpose of the prohibition of certain actions are revealed, the author's understanding of the term is formulated, and the classification model of prohibitions provided for by this measure is determined in the article. Firstly, the purpose of the prohibition of certain actions is to ensure guarantees of compliance with procedural deadlines; prevention of reputational risks during the rehabilitation procedure; reduction of the financial burden of the state budget by optimizing the number of detainees; exclusion of excessive and inappropriate restrictions on individual rights. Secondly, the main idea is to reduce the negative impact of criminal procedural coercion on a person without threatening the effectiveness of criminal proceedings. Thirdly, the scheme of the legal nature of the prohibition of certain actions (from general to particular): legal prohibition – prohibition as an instrument of the mechanism of criminal procedure regulation – prohibition in criminal law (substantive and procedural) – prohibition of certain actions. Fourth, prohibitions (Article 105.1 of the Code of Criminal Procedure of the Russian Federation), depending on their nature, are classified into spatial, communicative and licensing-permissive. Fifthly, the prohibition of certain actions is a method of criminal procedural regulation that performs the deterrent and binding functions of suppressing influence on a suspect (accused) in the interests of criminal justice, which is a legally established minimum possible restriction on freedom of movement (stay), the implementation of licensing and licensing activities and (or) communication of an individual without isolation from society.

Review of Euthanasia as a Therapy in Terminal Condition from Health and Law Perspective

Introduction: Terminal conditions and their treatment processes initiate actions that can be taken to relieve patients of the pain they suffer. This action is carried out by accelerating the death of patients with terminal conditions, known as euthanasia. Euthanasia is still being debated regarding the legal aspects and purpose of the act as part of the patient's treatment. This study aims to determine the perspective of euthanasia as part of the treatment or therapy of terminal conditions.
 Methods: This research is a literature study from several databases, including Proquest, Science Direct, SpringerLink, and Google Scholar. The article search used keywords combined with booleans. 755 articles were found according to the keywords, and 12 articles were selected using Prism analysis.
 Results: Euthanasia is seen as a way for terminal patients who have been resistant to treatment to be free from the misery of their illness. Euthanasia in health can be carried out if it is the patient's conscious choice without coercion and has met the medical requirements. Euthanasia can be carried out in areas, regions, or countries where there are regulations, laws, or similar regulations governing the implementation of euthanasia.
 Conclution: With the existence of clear rules for the implementation of euthanasia, health workers or families involved in euthanasia can provide a clear understanding of how to implement euthanasia.

Legal transcription service in the light of access to justice in the Southern Nations, Nationalities and Peoples’ Regional State (SNNPRS) judicial system

This paper focuses on the serious but not well-acknowledged problem related to legal transcript production in SNNPRS High Courts. It sheds light on how distortions of content are made in the testimonies of witnesses to the extent they may affect the legal evidential purpose transcripts could serve. Textual data were collected through audio-recording of court proceedings, review of legal transcripts and interviews. The findings indicated that legal transcription is conducted by employees who had qualification in computer science, but no training in legal transcription and the role that transcripts have in the judicial process. The High Courts of the region employ unilingual and inter-lingual modes of transcription, depending on whether limited court language-proficient witnesses who testify in their native tongue are provided with a court interpreter or not. Major language use problems that are observed in the legal transcripts were found to be attributable to lack of training, and lack of awareness on the part of judges, the judicial system and legal transcribers.

Litigating the Algorithmic Boss in the EU: A (Legally) Feasible and (Strategically) Attractive Option for Trade Unions?

Workers subject to algorithmic management, both in platform work and in conventional employment settings, often face a justice gap in enforcing their rights, due to the opacity characterizing most automated algorithmic decision-making processes. This paper argues that trade unions are in a more favourable position than individual workers to fill this justice gap through litigation, especially when collective redress mechanisms are available. However, this becomes possible only when the legal system is favourable to this type of litigation. This article analyses three legal domains at EU level where justiciable rights are more likely to be violated through algorithmic management devices, in order to assess whether it is legally feasible for trade unions to promote algorithmic litigation under EU law. Even when the legal framework is conducive to this type of litigation, it cannot be automatically expected that trade unions will more frequently resort to it to better enforce the rights of workers subject to algorithmic management devices. Previous research shows that trade unions are traditionally keen on turning to litigation only when they are able to link it to their broader strategies. This paper claims that this may be the case against employers using algorithmic management. For trade unions, resorting to litigation can be strategically instrumental not only to fulfil the legal purpose of alleviating the justice gap faced by workers through a better ex post enforcement of their rights, but also to achieve the meta-legal purpose of mobilizing them and the para-legal purpose of strengthening collective bargaining, especially considering that this would constitute an effective means to induce stronger ex ante compliance. Algorithmic Management, Platform Work, Algorithmic Transparency, Algorithmic Discrimination, Employment Protection, Data Protection, Trade Unions, Algorithmic Litigation, Collective Redress, Legal Mobilization, Collective Bargaining

Contestation on Religious Interpretation in Contemporary Aceh Sharīa: Public Caning in Prison as the Case of Study

This study aimed to discuss the debate and controversy surrounding interpretations that are considered authoritative about interpreting Sharīa proposition regarding the ta'zīr public caning legal procession in prisons in Aceh, from what was previously held in an open space. The debate occurred and took place in various media, including social media, following the issuance of the 2018 Aceh Governor's Regulation concerning the relocation of the punishment procession. The discussion continued long enough to debate the interpretation which is considered the most valid regarding the necessity of caning for being witnessed by a group of believers (mukmin); the selection of the place where the punishment will be carried out; until the legal reasoning, intent and purpose of the caning punishment itself to be witnessed in public space according to Sharīa, as explicitly stated and interpreted in the Al-Qur’an Surah An-Nur: verse 2. By using literature studies and empirical investigations as the method, this article would like to use synthesis approach for analysis by putting theory “authoritative” and “authoritarianism” as the framework. The research finding shows that certain view which has been popularized through media is supposed as an authoritative interpretation and understood as the “should be” according to sharīa by the public, so that must be imposed of caning and openly witnessed (not in jail) during the formalization of Islamic law in contemporary Aceh.

Воспитательные колонии в России: история и социально-правовое предназначение

Преступность несовершеннолетних – питательная база сохранения и развития общей преступности. Места заключения часто способствуют формированию рецидивистов и профессиональных нарушителей закона. Автором поставлена цель раскрыть политику государства в противодействии преступности несовершеннолетних в древние, царские, советские и постсоветские времена. В зависимости от политической, экономической, криминальной обстановки чередовалось применение криминологических предупредительных мер и усиление карательной практики. После событий октября 1917 года места лишения свободы и суды для несовершеннолетних были упразднены. Созданные комиссии по делам несовершеннолетних, детские дома, приюты не обеспечивали решения профилактических задач. Снова был сделан возврат к уголовно-правовым методам. Возраст наступления уголовной ответственности снижался до 12 лет. После распада СССР в Российской Федерации произошел резкий рост преступности, в том числе среди несовершеннолетних. В статье раскрываются причины и условия роста преступности, недостатки в работе воспитательных колоний. На основании изучения уголовной, демографической статистики, эмпирических материалов, научных публикаций и законодательства даны характеристики состояния преступности и пути ее сокращения. Обращено внимание на кризис института семьи. В современных условиях большинство воспитанников колоний являются выходцами из проблемных семей. Отсутствие заработка в воспитательных колониях, низкий жизненный уровень родителей не позволяют осуществлять свидания детей и родителей в качестве поощрения. С учетом концентрации в них несовершеннолетних, совершивших тяжкие и особо тяжкие преступления, ранее отбывавших наказание в колонии и не ставших на путь исправления, в статье делается вывод о необходимости качественного улучшения работы сотрудников воспитательных колоний, повышения их профессионализма, расширения взаимодействия с правоохранительными территориальными органами, общественными институтами. Материалы публикации могут быть использованы при проведении занятий с личным составом уголовно-исполнительной системы. Juvenile delinquency is a nutritional base for the preservation and development of general crime. Places of detention often contribute to the formation of recidivists and career criminals. The author set a goal to reveal the policy of the state in combating juvenile delinquency in ancient, tsarist, Soviet and post-Soviet times. Depending on the political, economic, criminal situation, the use of criminological preventive measures and the strengthening of punitive practices alternated. After the events of October 1917, places of deprivation of liberty and juvenile courts were abolished. The established commissions for juvenile affairs, orphanages, shelters did not provide a solution to preventive problems. Again, a return to criminal law methods was made. The age of criminal responsibility was reduced to 12 years. After the collapse of the USSR in the Russian Federation, there was a sharp increase in crime, including among minors. The article reveals the causes and conditions for the growth of crime, shortcomings in the work of educational colonies. Based on the study of criminal, demographic statistics, empirical materials, scientific publications and legislation, the characteristics of the state of crime and ways to reduce it are given. Attention is drawn to the crisis of the institution of the family. In modern conditions, most of the pupils of the colonies come from problem families. Lack of earnings in educational colonies, low living standards of parents do not allow children and parents to meet as an encouragement. Taking into account the concentration in them of minors who have committed grave and especially serious crimes, who have previously served their sentences in a colony and have not taken the path of correction, the author concludes that it is necessary to qualitatively improve the work of employees of educational colonies, increase their professionalism, expand interaction with law enforcement territorial bodies, public institutions. The materials of the publication can be used in conducting classes with the personnel of the penal system.

Features of the Consent of Spouses to Make Transactions on the Disposal of Property

Family legislation proclaims the equality of the rights of spouses in the family. Nevertheless, the legal effect of this fundamental principle regarding the property relations of the spouses seems very doubtful. Thus, paragraph 2 of Article 35 of the Family Code establishes the “presumption of consent” of the spouse to carry out transactions with common property. However, in the practical implementation of this norm, its imperfections manifest themselves. Due to the obvious uncertainty and misinterpretation of the term “presumption of consent”, the property rights of one of the spouses are often violated. In this regard, the authors set a goal: to analyze and systematize the positions of civil scientists and materials of judicial practice in order to identify the most common problems that arise when considering cases of this category. Results: the analysis of the legal nature and purpose of the “presumption of consent” was carried out, the need for its concretization was revealed, indicating the circle of persons and legal relations to which it is applicable. Conclusions: based on the analysis of legislation, the doctrine of civil law, the problems of determining the legal nature and scope of the “presumption of consent” are formulated. Based on the results of the study, the authors proposed recommendations for improving legislation.