Legal Qualifications Research Articles

설화의 무형유산으로서 자질과 자격

The eligibility of a folktale as intangible cultural heritage stems from the qualities it possesses. Therefore, examining whether a folktale exhibits the characteristics of intangible cultural heritage is crucial in determining its eligibility for such status. First, I will organize the qualities of a folktale, especially those that can be related to intangible cultural heritage. A folktale has its own specific qualities in that it is an oral art, a remembered history, and a resource for the imagination of narrative. These unique qualities of a folktale are complete in themselves, but they are directly connected to whether it can acquire legal qualifications as a national cultural heritage. Article 2 (Basic Ideology) of the National Cultural Heritage Basic Law explicitly states the ideological value of a national cultural heritage, and in relation to this, a folktale is in perfect accordance with the following basic ideology as a national cultural heritage. 1) A folktale is the root of our lives. 2) A folktale is the source of creativity. 3) A folktale is an asset of all mankind. 4) A folktale preserves and enjoys the value of a national cultural heritage. 5) Tales can be creatively inherited and developed. 6) Tales enrich life. In addition, among the seven categories divided in Article 2 (Definition) of the Intangible Cultural Heritage Act, tales are the most applicable to “oral traditions and expressions,” so there is no reason why they cannot be designated as intangible cultural heritage. Tales, a type of oral literature, have suffered damage due to our society’s focus on written language. This may be why the importance of tales as remembered history has been overlooked or underestimated compared to recorded history. Not only that, the performance element of tales being told orally has also been underestimated, and they have been treated as a type of narrative prose. In addition, the basic attribute of tales, variability, is not a weakness as art, but rather an area that can greatly contribute to the utilization of national heritage in that it enables infinite creativity. Moreover, in terms of overcoming the limitations of modern literature that focused on probability and leading the postmodern pursuit of improbability, folktales are fully qualified as a national heritage that can become the darling of the times.

Трубопроводный транспорт: правовая природа и проблемы правоприменения

At the moment, in the context of the existing significant demand for energy resources, the need to use the most reliable, safe and environmentally and economically optimal methods of transporting energy carriers from the producer to the end consumer is also increasing. Among all the vehicles used today, pipeline transport is the most consistent with such parameters. Among other things, pipeline transport in modern realities of life is the simplest and most profitable way of transporting hydrocarbons. As for other methods of transporting raw materials, namely sea, rail, and air transport, they have been repeatedly studied, both in domestic and foreign literature, and pipeline transport does not receive the necessary legal qualifications at the doctrinal level. The presented article defines the legal nature and certain topical problems in relation to the use of pipeline transport, gives the main categories, and reveals their legal nature. Based on the results of the study, conclusions have been formulated regarding the improvement of the legal regulation of the operation of pipeline transport.

지속가능한 자연생태계 보존을 위한 자연의 권리 연구

The Civil Law limits the qualifications to have legal personality to ‘persons (natural persons or corporations).’ However, since the 1970s, the opinion that there is a need to extend the legal qualifications for rights subjects, which are limited to humans, to include nature or natural components has emerged as a major concern in law. This is a discussion about the so-called rights of nature. A representative recent example is the Republic of Ecuador. In September 2008, Ecuador revised its constitution and established a new regulation recognizing the rights of nature, thereby providing a constitutional basis for nature to protect its own right to survival. Meanwhile, Republic of Bolivia became the first country to recognize the rights of nature in law by enacting a law declaratively defining universal rights to the rights of nature in December 2010. And Republic of Colombia does not have provisions on natural rights in its constitution. However, the Constitutional Court and the Supreme Court recognize the existence of natural rights by actively interpreting environmental rights and the relationship between nature and humans from the perspective of ecocentrism. Article 35 of the Constitution of the Republic of Korea also provides for environmental rights. However, this is not intended to recognize nature as a subject of rights, or to protect the intrinsic value of nature itself or the ecosystem. Nature and its components are recognized only as tools for human benefit. However, with this human-centered view of nature, it is impossible to fundamentally resolve today's natural destruction and the resulting climate crisis. Therefore, in order to ensure a sustainable natural ecosystem for future generations, theoretical attempts are underway to grant a certain legal status to non-human nature or natural objects. In this paper, I reviewed the concept of the rights of natural objects other than humans or nature itself among the subjects of nature, as well as domestic discussions and major overseas cases regarding natural rights. And a plan for domestic acceptance of natural rights was sought.

Providing Health Care but Receiving None in Return: An Expanded Right to Health Analysis of the Live-In Caregiver Program of Canada (1992-2014)

Canada’s robust universal, single-payer healthcare system has long made socio-economic rights (SER) advocates in the United States envious of our neighbors to the north. Fundamental human rights tenants echo in the Canadian Charter of Rights and Freedoms, including non-discrimination and individual freedom, yet the “right to health” has not been constitutionalized at the moment this essay was written.1 While Canada has a strong track record of signing international human rights conventions and guaranteeing the right to health for permanent citizens, there remains a gap in the health rights of migrant workers, even in regular situations or formalized citizenship pathways. Ever-changing legal qualifications for permanent residency and arbitrary three-month waiting periods for healthcare coverage to come into effect make securing the right to health for even the most highly desirable workers—namely, healthcare workers in private households—a thorny task. The motto for Canada’s paradoxical commitment to the socio-economic rights of migrant workers might be, as Toronto doctors Ritika Goel and Michaela Beder aptly articulate in the title of their medical journal op-ed, “Welcome to Canada...but don’t get sick.”

Harnessing EU legal concepts for the energy transition on islands

Abstract The European Commission plans to achieve the decarbonization of dozens of European Union (EU) islands by 2030. This would reduce greenhouse gas emissions, lower the dependency of islands on imported fuels, and potentially reduce local energy prices. At the same time, it may accelerate the mainland’s own energy transition through the import of surplus energy from renewable sources, the provision of aggregated flexibility services, and the testing of both technologies and policies on islands for replication and adaptation on the continent. Although islands are not even a legal category per se in EU energy law, the existing legal framework already allows to harness various concepts to foster the energy transition of EU islands. This article reviews available legal qualifications and regimes such as small systems’ exemptions, energy communities, positive energy districts, and local flexibility markets in the context of the decarbonization of EU islands. Potentially, they could open many different ways to tailor local energy transitions, channelling local actions to accelerate the whole process.

Interaction of the Qualifications and Public Policy in Private International Law

The conflict of qualifications and the public policy clause in private international law can be used to achieve the political and legal objectives of the court's rule of law. The analysis of judicial practice and special literature on it indicates an increasing interest in the issue of interaction of these two tools for the stated purposes. The article aims to illustrate this interaction using specific examples from judicial practice and identify its patterns, in particular, to establish subordination between the conflict of qualifications and the public policy clause. To achieve the result, general scientific and special research methods were used, including the method of comparative law. As a result of the study the author has made a conclusion. The method of functional qualification dictated by legal dogmatics does not give the conflict of laws norm independence from the political and legal will of the legislator. The conflict of laws norm remains an instrument in the hands of the state to achieve political and legal goals, and in this sense its dogmatic interpretation allows for political and legal correction. This correction is expressed in a restrictive interpretation of the concepts of conflict of laws, when it becomes necessary. The protection of the court's rule of law values, traditionally associated with the reservation on public order, is transferred to an earlier stage of qualification of the concepts of the conflict of laws rule. Due to the restrictive qualification, the correction of the result dictated by dogma is carried out both in the choice of applicable law and in determining the scope of the conflict of laws reference. As a result, the queue does not reach the stage of applying the public policy clause, since its goals have already been achieved due to political and legal qualifications.

Differentiation of grounds for disciplinary liability of judges

The article focuses on the distinction between the grounds for disciplinary liability of judges. It is noted that the main reason for different qualification of similar violations of judges is a large number of evaluative concepts among the grounds for disciplinary liability. The corpus delicti of judicial misconduct have a large number of similar features in terms of content, and therefore the practice of their application is complex and controversial. The issue of distinguishing between the elements of disciplinary misconduct requires special attention, since the severity of the type of penalty chosen by a judge depends on the accuracy of the disciplinary and legal qualification. The author emphasizes that the reasons for the problem of distinguishing the grounds for disciplinary liability of judges are their broad formulations at the legislative level, a large number of evaluative concepts and an increase in the number of related corpus delicti over the past decades. Examples from disciplinary practice show that there are no uniform approaches to the qualification of disciplinary offenses related to procedural violations of judges in the administration of justice. In some cases, similar procedural violations are qualified only on one ground, in some cases – on another ground, and in others – on several grounds. Different disciplinary and legal qualifications of similar judicial misconduct lead to different disciplinary sanctions. The author emphasizes that it is important not only to identify consistent legal positions on the disciplinary and legal qualification of judicial misconduct, but also to offer future disciplinary inspectors a certain standard algorithm of actions and methodology for qualifying judicial misconduct during an inspection. In order to avoid criticism and accusations of double standards, it is important to develop and put them into practice. Key words: disciplinary liability of judges, grounds for disciplinary liability, disciplinary offenses, disciplinary sanctions, qualification of violations..

Legal Protection Of Bank Financial Institution Brand Against Username Squatting Through Twitter Accounts Based On The Trademark Law And The Electronic Information And Transaction Law

The use of a brand as a Twitter social media account is one way for brand owners to introduce their goods and/or services as well as a guarantee for their quality. The rise of fake Twitter accounts on behalf of the financial institution Bank Mandiri proves that trademark infringement does not only occur conventionally, but also through the scope of cyberspace. Writing this normative law aims to determine the qualifications for the act of using a bank's financial institution brand as a Twitter social media account and to determine what legal action should be taken by Bank Mandiri against those who use its brand without rights and permission. This research is a legal study employing the normative juridical approach method, a type of legal writing that is conducted by examining library data. The study applies a qualitative analysis method, connecting legal principles, norms, and theories to determine legal qualifications and consequences. The results show that using trademarks as social media accounts should be based on principles, including legal certainty, good faith, and neutrality within technology. Civil law measures offer a proportional legal remedy, seeking compensation for economic harm suffered. This study suggests the need for specific regulations to prohibit the registration and use of trademarks as social media accounts in the virtual space. This research contributes to the understanding of trademark protection in cyberspace, and provides legal guidance for financial institutions to address trademark misuse on social media platforms.

Сhanging the legal qualification of the facts of a person’s disappearance: a practical aspect

The article is devoted to the study of the peculiarities of legal qualification of criminal offences entered into the Unified Register of Pre-trial Investigations on the facts of disappearance of a person under the conditions of temporary occupation and force majeure circumstances in the period from 20.02.2014 to the present. The actions of an investigator at various stages of pre-trial investigation of such criminal offences have been analysed, taking into account investigative situations directly related to premeditated murder as a result of violation of the laws and customs of war. The grounds for changing the legal qualification in criminal proceedings on the facts of missing persons have been proposed.
 The variability of legal qualifications in criminal proceedings based on the facts of the missing person under special circumstances that occurred in the temporarily occupied territory, due to the influence of force majeure, forced migration of the population, the lack of a unified approach of investigative units, the prosecutor's office and the court to this issue at various stages of the pre-trial investigation is a problem that affects the assignment of a fair punishment to persons whose guilt has been proven by the court in the commission of criminal offenses of a violent nature, the consequence of which is first the disappearance of a person, and then the establishment of the fact of his/her death or violent death, extrajudicial execution.
 The objectivity of the pre-trial investigation in criminal proceedings on the facts of intentional murders resulting from violations of the laws and customs of war that preceded the disappearance of a person is ensured by establishing reliable and confirmed data on the circumstances of the crime, absolutely all the facts that have preceded it, all information characterising the missing person, his or her lifestyle, connections, political preferences.
 Under special conditions and the force majeure factor, investigative situations of missing persons at the initial stage of the pre-trial investigation are almost typical. However, high-quality documentation of such criminal offences and bringing the perpetrators to justice is ensured through the proper organisation of interaction between the investigative and operational units of the National Police and other law enforcement agencies with the military, forensic experts and volunteer search organisations. Currently, the military aggression continues.

Non-Fungible Tokens and Select Art Law Considerations

Since 2021, non-fungible tokens (NFTs) have been a popular topic which has kindled the interest of art and technology enthusiasts and professionals. Some had very high expectations for the potential of NFTs, and in some cases, made an assessment for NFTs that go beyond the existing limits of NFTs. There have also been others who approached NFTs suspiciously and in some cases, described them as a hoax. The purpose of this study is to examine the important effects of NFTs on the art world and art law, and to consider NFTs’ current and potential impacts. In this context, this article first provides an introduction to NFTs and why the author finds it interesting to think about legal issues surrounding NFTs. After providing definitions of non-fungible tokens and highlighting technical aspects of NFTs, the article then discusses select legal issues surrounding NFTs, such as the importance of legal terms and conditions of an NFT purchase, legal qualifications of NFTs, artwork ownership, artwork authenticity, artwork provenance and intermediary liability for NFT sales. One of the aims of this study is to put forward clearly what should be expected of non-fungible tokens and their potential. Another objective is to underline the fact that the unique dynamics of the art world necessitate having a unique perspective for legal matters relating to them, which is satisfied with art law and its professionals. Ultimately, this paper aims to contribute to having a more comprehensive understanding of non-fungible tokens and their impact on the art world and surrounding legal questions.

Principle of congruence in the ecuadorian criminal process

The present study addresses the issue of consistency in the Ecuadorian criminal process, taking as a starting point the difficulties and theoretical debates that are still presented in the order of their practical application from the implementation of the accusatory system of prosecuting that Ecuador has adopted. Consistency, centered on the correlation between the accusation made by the prosecutor and the sentence handed down by the judge, constitutes a guarantee of impartiality of the judges and the exercise of the right to defense, which is part of due process and the right to be tried before a third party not committed to the investigation and prosecution. It was established as a general objective to determine the basic requirements so that the principle of congruence is considered fulfilled and as specific objectives, to identify the moment in which the object of the process is set and to evaluate the limits that are imposed on the judge as a result of the imputation correlation. judgment. Through the legal research methodology, it was possible to establish that consistency requires the coincidence between the facts of the accusation, as well as the legal qualifications imputed by the accuser and, on the other hand, it was determined that, although the accusation sets the object of the process, from the formulation of charges the defendant knows the facts from which he must defend himself and this content cannot be modified by the judge at any other subsequent procedural moment.

Проблеми визначення поняття «кримінально-правова кваліфікація»

The issue of defining the concept of "criminal legal qualification" was considered. It is noted that in order to regulate the most important social relations, the state adopts laws that establish generally accepted rules of behavior. The law on criminal liability is one of the important means of protecting life, health, honor, dignity, inviolability and security of a person as the highest social value, the state system of Ukraine, its political and economic systems, property and the entire legal order from criminal encroachments and a means of combating them. Only the law on criminal responsibility contains criminal law norms that determine the general provisions of criminal law, which establishes the principles and grounds of criminal responsibility, criminality and punishment of acts, grounds for exemption from criminal responsibility and punishment. Therefore, the practice of applying the criminal law is of great importance. One of the most important issues in the application of the criminal law is the issue of criminal legal qualifications. It is emphasized that many works are devoted to the issue of qualification in criminal law. In each scientific work, in which the question of the criminal-legal qualification of a criminal offense was considered, each scientist gave its concept. However, in the middle of the last century, we spoke more narrowly about the qualification of crimes, in the future, the study of this issue was approached more broadly, and today we are talking about the criminal-legal qualification. The views of scientists on the definition of the concept of "qualification of crimes" and "criminal legal qualification" are disclosed. It is noted that V.Navrotskyi's scientific works dealt more deeply with the issue of criminal-legal qualifications. It has been established that the concepts of criminal law qualifications in Ukraine are defined by scientists, as a rule, in scientific works, textbooks on criminal law, relevant monographs, manuals. The law does not contain this concept, which is a gap in the legislation. It is noted that a working group on the development of criminal law has been created in Ukraine, which proposed a draft of the Criminal Code of Ukraine, which provides the concept of criminal-legal qualification. Yes, the criminal legal qualification is the definition of an article (its part, clause) of this Code that provides for the committed act and defines it as a criminal offense (including articles that provide for signs that change the degree of severity of the crime, the presence of preparation for a crime or an attempt to commit a crime , type of accomplice and form of complicity) or as an act that is not a criminal offense. It was concluded that the concept of criminal-legal qualification given in the Draft Criminal Code of Ukraine is clear and reflects the essence of qualification as a process and result of a certain direction of law enforcement activity. Enshrining criminal legal concepts in the legislation contributes to the improvement of criminal legislation, the elimination of gaps in the previous law and will help law enforcement officers in the application of criminal legal norms.

Информационные и правовые аспекты управления бизнес-процессами в цифровой экономике

Digitalization of business processes requires the new approach to estimating of moment of creating, changing or termination of legally meaningful relations. In these sphere there is a great misunderstanding between technical and lawyers, because of the fundamental difference between their scientific areas. The article proposes some legal qualifications of certain technical actions of the parties in electronic circulation aimed at the occurrence of contractual relations. The problems of identification of the parties, determination of their will, moment and place of conclusion of the contract are considered; an approach to the problem of distribution of responsibility between the parties for storing information is made; some technical problems of fixing user actions that can be qualified as legal facts are discussed. The article also presents practical recommendations in the development of a system, which implies a legally significant exchange of information between the parties.

ЖЕНЩИНЫ-ЮРИСТЫ РОССИЙСКОЙ ИМПЕРИИ НАКАНУНЕ И В УСЛОВИЯХ ПЕРВОЙ МИРОВОЙ ВОЙНЫ

Higher legal education became available to Russian women at the beginning of the 20th century. There were many educational institutions in the country where women were allowed to receive such an education, at the same time, they had the opportunity to graduate from universities with degrees in law. The number of women lawyers increased dramatically, but they were barred from entering the legal profession. Attempts by some to become attorneys were unsuccessful, and the tsarist legislator did not allow women’s advocacy. Restrictions on employment in justice set up lawyers to fight for the right to work there on equal terms with men, and this struggle took on organized forms. The feminist Society of St. Petersburg Women Lawyers, founded in 1913, aimed to provide graduates of law faculties with full access to practical law, for which the issue of employment of female lawyers was specially studied, educational and propaganda activities were carried out. The conditions of the First World War served as a trigger for what was happening to a large extent. They accelerated the feminization of labor and the legal field was no exception. Due to mobilization, the legal profession had a loss in the male workforce, which hundreds of Russian women with legal qualifications were ready to make up. Not having the right to realized themselves in the courts, they first of all became workers of consultations, where they applied their knowledge and abilities in work related to the lawyer. For women lawyers of the Russian Empire, access to the legal profession was opened only after its fall, when the Provisional Government allowed women’s advocacy.

Computer games in legal research: On the prerequisites of the regulation model

Games in general and computer games in particular have long been a subject of research in legal research starting from the focus on the analogy between law and games (known inter alia from the works by A. Ross). However, by the beginning of the 21st century computer games and, above all, multiplayer computer games (virtual worlds) became an independent subject of legal research, both because of the interest in private legal problems and based on the methodological premise in the spirit of L. Lessig, according to which the study of the legal dimension of multiplayer game worlds, just as it was earlier with the Internet, can provide new knowledge about the law in general. Computer games are a commercially successful type of media, reflecting the acute problems of “digital law” and one of the significant theoretical and legal problems of determining the reasonable limits of law intervention in “non-serious” or “virtual” relationships. To understand the peculiarities of computer games, including for the purposes of legal research and improvement of the model of legal regulation, a broad interdisciplinary view that takes into account the approaches developed in media studies (M. McLuhan, L. Manovich et al.) and in studies of games as such (J. Huizinga and R. Caillois et al.). As a result, computer games can be considered as a kind of new media the qualities of which are reflected in their main legal qualifications — as the results of intellectual activity, information, means of communication and, actually, games. These qualities can be considered as basic for the development of the model of regulation of computer games and the game industry, taking into account the balance of interests of developers, publishers and the game community, as well as taking into account national interests.

Legal Scenarios for Borrowing in Electronic Music

This article refers to various intertextual strategies in the field of electronic music and their legal categorization. The main part of the article is devoted to the problem of sampling, widely discussed in the literature and jurisprudence. Possible legal qualifications are discussed, as well as controversies related to the different scope of protection of works, artistic performances, and phonograms. The article also refers to other phenomena in the electronic field, including reedit, remix, or mash-up. In the summary, the general rules for making a legal assessment of musical borrowing strategies, interpretative guidelines in relation to a musical quotation, as well as de lege ferenda postulates are outlined.

THE FOUR-YEAR LLB PROGRAMME AND THE EXPECTATIONS OF LAW STUDENTS AT THE UNIVERSITY OF KWAZULU-NATAL AND NELSON MANDELA METROPOLITAN UNIVERSITY: SOME PRELIMINARY RESULTS FROM A SURVEY

After the 1994 elections the Ministry of Justice convened several legal forums to deal with the legislative and other changes required to make the transition from minority rule to a broad-based democracy. The forums examined different aspects of legal practice, legal qualifications and legal education (see for instance, Ministry of Justice Legal Forum on Legal Education: Proceedings (1995)). The legal education forums were attended by the law deans of all the law faculties in the country. By 1997 there was agreement by the deans – albeit reluctantly by some – that the Baccalaureus Legum (LLB) degree in South Africa should be modified from a three-year postgraduate to a four-year undergraduate programme (McQuoid-Mason “Developing the Law Curriculum to Meet the Needs of the 21st Century Practitioner: A South African Perspective” 2004 Obiter 101). The deans made a number of recommendations regarding the new law curriculum, but there was no mandatory uniform law curriculum requirement. Each university had the freedom to decide what it should include in its programme. The deans only made recommendations – their suggestions were not binding (McQuoid-Mason “Message from the Chairperson of the Board of Control, Durban School” Law Society of South Africa and University of Natal School for Legal Practice: Commemorative Brochure 1994-1998 (1998) 14-15; and cf Iya “The Legal System and Legal Education in South Africa: Past Influences and Current Challenges” 2001 Journal of Legal Education 355). The deans reached consensus that the new law degree should take into account that: South African law exists in and applies to a pluralistic society; students should acquire skills appropriate to the practice of law during the course of their degree; and law faculties should strive to inculcate ethical values into their students. In addition to the traditional core courses taught in the three-year LLB programme the deans recommended that a number of new skills courses should be introduced. The decision as to which courses should be included in the curriculum was left to individual law faculties (McQuoid-Mason 2004 Obiter 101).

Digital Biomarkers in Psychiatric Research: Data Protection Qualifications in a Complex Ecosystem.

Psychiatric research traditionally relies on subjective observation, which is time-consuming and labor-intensive. The widespread use of digital devices, such as smartphones and wearables, enables the collection and use of vast amounts of user-generated data as “digital biomarkers.” These tools may also support increased participation of psychiatric patients in research and, as a result, the production of research results that are meaningful to them. However, sharing mental health data and research results may expose patients to discrimination and stigma risks, thus discouraging participation. To earn and maintain participants' trust, the first essential requirement is to implement an appropriate data governance system with a clear and transparent allocation of data protection duties and responsibilities among the actors involved in the process. These include sponsors, investigators, operators of digital tools, as well as healthcare service providers and biobanks/databanks. While previous works have proposed practical solutions to this end, there is a lack of consideration of positive data protection law issues in the extant literature. To start filling this gap, this paper discusses the GDPR legal qualifications of controller, processor, and joint controllers in the complex ecosystem unfolded by the integration of digital biomarkers in psychiatric research, considering their implications and proposing some general practical recommendations.

ПОГЛЯДИ ІЛЛІ ШРАГА НА СИСТЕМУ ПРАВОСУДДЯ В УКРАЇНСЬКИХ ЗЕМЛЯХ ПІСЛЯ СУДОВОЇ РЕФОРМИ 1864р

The article examines the views of the famous Ukrainian lawyer, public and socio-political figure Ilya Shrag on the justice system in Ukrainian lands after the Judicial Reform of 1864. It is noted that by the middle of the 19th century,radical changes were observed in the social and political life of the Russian Empire. The central government announced a series of reforms, including peasant, military, urban, zemstvo, and judicial reforms. It is claimed that such a need has been ripe for a long time and it has repeatedly become the subject of discussion in the highest echelons of the imperial power. Among the proposed reforms, the Judicial Reform of 1864 was the most consistent and complete. It must be stated that the relevance of the transformation of the judicial system was clearly visible in the conditions of social and political life, since the current justice system did not correspond to the peculiarities of the life of that time. The current system was not perfect, and this was repeatedly proven by judicial practice. In addition, insufficient legal qualifications of judges and bribery were observed, courts decided cases by considering only written investigation materials. It is emphasized that the analysis of the functioning of judicial institutions on the territory of Ukrainian lands occupies an important place in the creative heritage of I. Shrag. It is noted that the scientist's legal profession allowed him to investigate in detail the peculiarities of the functioning of judicial institutions, taking into account those socio-political and legal factors that significantly influenced, and often determined, the principles of the functioning of judicial institutions. It is noted that as a professional lawyer with extensive practical experience, the researcher followed in detail the functioning of the courts after their reformation during the reign of Tsar Alexander II. It is claimed that, based on the application of comparative analysis, the scientist was able to trace the peculiarities of the functioning of judicial institutions after the Judicial Reform of 1864 and up to the period of counter-reforms in the judicial sphere proclaimed by the autocracy at the end of the 19th century.

Pertanggungjawaban Pidana Korupsi Di Sektor Badan Usaha Milik Negara

State-Owned Enterprises are legal entities created by the Government using funds taken from the State Revenue Budget (APBN) as a form of state effort to meet the needs and benefits of the Indonesian people, but in carrying out their business several problems arise related to the limitations of the flow of state finances in the finances of the Agency. State-Owned Enterprises, which often this lack of clarity causes several problems related to legal qualifications due to business actions that are not profitable for State-Owned Enterprises that lead to criminal acts of corruption. detrimental to state finances. The Law Number 40 of 2007 concerning Limited Liability Companies has clearly adopted the legal principle of Immunity Doctrine against the structure of Limited Liability Companies, namely the Business Judgemaent Rule. there are several aspects to qualify as an action in accordance with the principles of the Business Judgment Rule. State-Owned Enterprises in carrying out business are subject to the Limited Liability Company law, but in terms of finances, it refers to the regulation on State Finance, this is the point of problems in the State-Owned Enterprises sector