Legal Space Research Articles

Brief Considerations on Citizenship from the Perspective of the Council of Europe

The concept of citizenship is of paramount importance within the recent legal space. Without a good knowledge of its conceptual foundation, of the mechanisms it encompasses as well as of its interferences with the wide range of human rights documents that have regulated it over time, we cannot have a clear picture of how to understand its evolution. Thus, this research approach aims at analyzing the notion of citizenship as it is seen through the filter of the regional protection mechanism of the Council of Europe, especially focusing on identifying the main documents that consecrated it. Therefore, starting from the general framework of the human rights protection, we narrow the line of analysis by exposing the main coordinates the European Convention on Nationality emphasizes, this document being relevant not only for defining the notion but also for regulating some areas in which citizenship appears as a central element. Last but not least, the paper underlines the connection of the European Convention on Human Rights with the idea of citizenship. The document is remarkable not because it defines the notion, because we already know that this it has no concerns in this field, but more particularly because of the way in which it creates a proper context for the European Court of Human Rights to rule by also taking into consideration some aspects regarding the notion of citizenship. This process automatically creates a bridge between the concept of citizenship and the previously mentioned document, which becomes extremely relevant for the present analysis.

Smart Contracts and International Trade: European Legal Strategies for Managing Challenges

Objective: the automation inherent in smart contracts makes them an attractive tool for global trade applications, especially for the automation of transactions. The prospects foreseeable will significantly impact international economic relations and the transformation of international trade rules. This fact determines the study objective - to identify the possibilities of transforming the said rules and the political and legal strategies adopted by European countries to implement smart contracts in international trade.Methods: the study, devoted to the current international trade regulation in the context of contracts digitalization and spread of smart contracts, uses a combination of formal-legal and comparative-legal methods. They allow researching the international trade rules, analyzing and comparing the UK and the EU political and legal positions on the smart contracts introduction in international trade, as well as predicting the legal consequences of using smart contracts in international trade.Results: the research shows that the proliferation of smart contracts has significant implications for international trade and its regulation. Smart contracts have numerous advantages, such as increased efficiency, reduced costs, and wide availability. However, they may lead to legal challenges when harmonizing traditional legal principles with the digital environment, in particular concerning the authentication of subjects, enforceability under specific circumstances of a case, and jurisdictional issues.Scientific novelty: the current literature on the transformation of international trade regulation in the context of digitalization processes and the spread of smart contracts is complemented by the results of a comparative analysis of the legal positions existing in the European legal space and developed on the basis of problems, lessons and achievements in the smart contracts implementation in international trade.Practical significance: understanding the legal implications of smart contracts is important for businesses involved in international trade. The study provides insights into the UK and the EU legal positions from which guidance can be provided to companies navigating the digital landscape. Policymakers can also benefit from the findings when developing appropriate legal acts to balance the benefits of smart contracts with the need for legal certainty and protection in international trade.

The Genesis of Systemic Conflicts in the Period of the USSR Collapse and State Formation in the Post-Soviet Period

The object of the study is the genesis of systemic conflicts in the paradigm of the phenomenology of statehood, with its inherent methodological and methodical approaches to the mechanisms of formation and building of the state task, which presupposes the systems of interacting institutions that determine the structure of public administration. The subject of the study is the main trends of statehood formation in modern history, a systemic crisis of administration in the decline period, and the actual trajectory and mechanics of statehood formation in the post-Soviet space and in the world after the collapse of the USSR. Special attention is paid to the analysis of key causes of the emergence of systemic conflicts as a result of differences in content, understanding, and installation of the structure of state building on an operational level without a qualitative legal metric of legitimacy of state-formation. The genesis of systemic conflicts of constitutional and legal regulation in the conditions of the growing scale of global integration, as well as the critical need for an effective supranational level of legal regulation within the framework of a systemically full-fledged international law. The study concludes that due to systemic conflicts, ensuring common understanding, interpretation and application of the guiding principle of the Rule of Law becomes ambiguous and makes the formation of a common unified global legal space impossible. As a result, as an objective consequence, integration processes, in the absence of a systematically organized legal discipline, go into the mode of "self-determination" where the principle Rule of Law based on a system of legal norms on the long term basis, is replaced with a conventional system of situational agreements oriented on the rules of the short-term basis of the current conjecture.

Communicative Constitutionalism, Constitutional Involvement and Citizenship in the Public Legal Space of Algorithmic and Information Society

The paper dwells on theoretical foundations and methodological significance of communicative constitutionalism, provides an academic basis for constitutional communication in the public legal space, shows the problems of constitutional law nature arising in the information society. Communicative constitutionalism and digital citizenship are considered as hybrid institutions in the field of public law and information space. The author draws attention to the nature and significance of the institute of public participation or the institute of public participation in the public law area, various forms of its manifestation, notes the process of institutionalization of constitutional law as the law of society and public interests based on the research of domestic and foreign scholars The paper explains the public law nature of communicative constitutionalism, the complex nature and transformation of citizenship as a public law and as an information-digital entity. As a conclusion, it is noted that there is a fragmentation and dispersion of legal regulation and institutional design of institutions of public initiatives, public discussions and the identification of public opinion concerning publicly significant issues, draft regulatory legal acts, and constitutional amendments. There is no institution of scientific expertise guaranteed by constitutional legislation along with public discussion.In the order of legal scientific initiatives the author proposes to: 1) incorporate into the legislation the principle of scientific federalism and public participation in the development of draft amendments to the Constitution of the Russian Federation and the draft of a new Constitution; 2) consolidate at the legislative or constitutional law level the obligation of subjects of the initiative to revise the Constitution and constitutional amendments to send draft amendments submitted to the State Duma, to the leading universities of the country, research institutes of the Russian Academy of Sciences in order to conduct discussions and adopt conclusions; 3) create legislative guarantees to attract citizens through Internet technologies to discuss the content of amendments to the Constitution, the draft of a new Constitution, including the right to propose revisions of certain norms

Regulatory and legal provision of financial security in Ukraine

The article, based on a comprehensive systematic analysis of national legislation in the field of financial security, considers the problems of building a system of legal acts, which are closely related to many topical issues of jurisprudence, first of all, to the creation of a unified legal space of Ukraine and the problem of the effectiveness of legal regulation. A legal act is considered as one that expresses the will of the subject of law and a decision drawn up in the established order, designed to achieve socially positive goals (regulate social relations) and carries certain legal consequences.
 All these questions need scientific understanding. The goal is to solve the scientific task of developing a complex of theoretical provisions and practical recommendations regarding the formation of a mechanism for ensuring the financial security of Ukraine.
 The article uses methods of analysis and synthesis, formal-logical, financial-economic, com­parative-legal, historical, systemic, analytical, sta­tistical. It was determined that financial security was studied as a dynamic phenomenon, that in a practical sense, security should be understood as a property (state) of finances in which the probability of undesirable changes in some of their qualities is not higher, but not lower than certain limits.
 The correlation between various legislative acts is carried out. It was investigated that financial security does not exist for the sake of security as such, but is aimed at ensuring expanded reproduction, achieving economic growth and increasing the welfare of the people, which was reflected in the interpretation of the concept of financial security. The interpretation of the concept of "ensuring financial security” has been clarified, which is proposed to be considered as an activity of the state and society, aimed at the implementation of a national idea, at the protection of national values and interests in the financial sphere, which is implemented through the support of financial stability, which is expressed in the form of a balance of independent links and elements financial system of the state.

Pilgrim's meta-anthropology theology in the philosophy of law: the law of combined vessels

The scientific article examines such an aspect of the multidimensionality of the philosophy of law as the metaphysical law of connected vessels, which operates in the natural-supernatural legal space. It is proven that the filling of metaphysical vessels is carried out by the spirit (reflection, inertia) of the places of power contained in earthly supernatural benevolent phenomena. Therefore, ordinary excursions to these places are called pilgrimage trips. At the same time, the pilgrimage has a meta- anthropological character and is realized meta- anthropologically, that is, physically, mentally and spiritually. As a result, a person acquires moral (elementary and higher) qualities, necessary existential and transcendental qualities. The meta- anthropological law of connected vessels supports the legal harmony of the universe. The definition of pilgrimage theology is presented for the first time. Pilgrimage is beneficial for bodily calmness, gives rise to the feeling of acquired bodily dirt, impurity, because dirty actions cling to everyone, they are actions of evil. After all, carnal fornication is a kind of unclean power, which is directed so that a person does not fulfill the ontological bodily principles, leads a promiscuous lifestyle, does not control himself, and therefore creates such elementary moral standards that would approve dirty actions.
 The philosophy of law resorts to such profound, as if too elementary, banal norms in order to prevent significantly visible violations. Pilgrimage is one of the methods of prevention of physical offenses, which can prevent the destruction and effect of the spiritual law of connected vessels in the universe.
 The philosophy of the metaphysical law of connected vessels has a visible side - the influence of the fruits of bodily pilgrimage on the permanent formation of the factory of elementary morality, the springboard for the development of elementary virtues. This factory should be improved every time thanks to the pilgrimage and contribute to the development of new rules of righteous earthly life, understanding of the essence of existential and transcendental things. Even such fruits of the ordological pilgrimage as strengthening a careful attitude of a person to nature and the world, forming a physical code of health for oneself, removing oneself from a consumerist material state, limiting oneself in material needs, etc. do not allow violation of the law of connected vessels. From this we can draw a conclusion about the deep essence of the philosophy of law, the fundamental principles of law, the law in general, and human morality. After all, the physical behavior of a person is often inadequate to the actions of the law of connected vessels. In order to combat this inadequacy, humanity, society, and the state resort to creating a complex system of law enforcement activities, but tangible results are still insufficient. Pilgrimage to places of strength will give much more.

Some theses for the relationship between law and politics

In the Georgian legal space, the issue of the relationship between law and politics, including equilibrium,is less elaborated. From the future scientific-practical point of view of constitutional law, the definitionof this relationship, identification of problems and ways of solving them are of great importance. Lawand politics, taking into account the extent and effectiveness of their intersection and influence, areformed as an independent institution. Discussing the relationship between law and politics will alwaysbe incomplete and inexhaustible as the space of their mutual influence is infinite.In the system of separation of powers, the struggle between law and politics, starting from law-making,manifests itself in many directions and produces various results. Accordingly, the present publication willnot have the ambition to fully explore theoe relationships. We will try to touch on several fundamentaltheses in order to find out what is the purpose and result of their interaction and impact; Where can theirlimit of interrelation reach? For this purpose, we will use comparative legal, empirical and analytical, aswell as teleological research methods.

PRESPEKTIF ALIRAN UTILITARIANISME DALAM HUKUM DAN KAITANNYA DENGAN PEMBERLAKUAN UU CIPTA KERJA

Law is essentially about seeking truth and justice. With truth and justice, legal happiness will be created for those who seek legal justice. Law is synonymous with justice as a spatial solution in every law enforcement. The legal school of utilitarianism is one of the currents in legal philosophy. With legal happiness, society will feel comfortable accepting it. So the legal school of utilitarianism views the law as having to be happy. The Job Creation Law, which has caused many legal problems, was created to ensure happiness in every workforce management system. The legal space of utilitarianism becomes a legal space for happiness in the Job Creation Law. So that the legal school of utilitarianism becomes a solution to the legal deadlock in managing employment in employment practices.

Unpacking the Safe Third Country Concept in the European Union: B/orders, Legal Spaces, and Asylum in the Shadow of Externalization

Abstract Since its origins in the 1980s, the concept of safe third country (STC) has increasingly been used to deter and curb ‘irregular migrant’ arrivals. A burgeoning body of research has considered these measures throughout the world, particularly in the European Union (EU), Canada, Australia, and the United States. While much STC scholarship has been doctrinal in nature and has focused on the protection standards required in a third State, some of the literature has also examined more theoretical questions. Against this background, this article explores the consequences of the STC concept for refugees and their (in)ability to seek and enjoy asylum by drawing on critical border studies literature. The article first conceptualizes this concept with reference to theories of bordering, dissecting the STC concept as a bordering tool which constructs subjects as worthy and unworthy of protection, and decides where the latter are to be protected. It then explores how this concept has been operationalized within the EU’s Common European Asylum System and the implications of this phenomenon for refugees, using the Greek–Turkish context as a case study. The article particularly considers the developments after the EU–Türkiye Statement of 18 March 2016 and a joint ministerial decision of 8 June 2021 by which Greece formally designated Türkiye as a STC. It reveals that while these measures came in response to the so-called irregular arrivals at the Greek–Turkish border, thousands of refugees affected by these measures have been either removed from the Greek territory and returned to Türkiye without protection, or trapped in limbo in Greece because of their removal from the EU asylum system. The article demonstrates that the STC concept, which is increasingly used as a bordering practice, spatially and temporally prevents certain people from being recognized and treated as refugees in accordance with the Refugee Convention.

Specific nature of intercultural professional communication of members of Russian and Chinese legal cultures

The article dwells on specific nature of professional dialogue of Russian and Chinese lawyers with an emphasis on sociocultural differences arising in communication within the framework of intercultural legal space. The potential of the English language as a common code of communication for members of legal profession of the two states is analyzed. The author concludes that it is necessary to take into consideration sociocultural component in teaching lawyers intercultural professional communication.

Uzbekistan: A New Dimension of Judicial Reforms

In conditions of reforming of the judiciary and construction of a lawful state the contents of concept ‘judiciary’ was considerably enriched and became wider. In clause has found the reflection modern understanding of the judiciary system of the Republic of Uzbekistan, the point of view on the basis of legislation and judicial reforms implemented in Uzbekistan. In this regard, new requirements for the judicial system are of exceptional importance. As an important socio-political institution of society, the authors analyzed in the article how it should play a significant role in the formation of civil society, be able to exercise its powers in the interests of protecting human and civil rights and freedoms, the constitutional system, the common economic and legal space of Uzbekistan. The article reflects the modern understanding of the judicial system of the Republic of Uzbekistan, argues the point of view on the basis of legislation and judicial reforms implemented in the country.

The Art of Childbirth of the Midwives of Al-Andalus: Social Assessment and Legal Implication of Health Assistance in the Cultural Diversity of the 10th-14th Centuries.

(1) Background: The role of Al-Andalus's women were the result of Arabization and Islamization in Spain. The 10th to the 14th centuries were a time of significant cultural diversity in the region. Female physicians and midwives were important for providing care to women. Despite existing studies, there is still a lack of focused research on the professionalization of these trades, including their requirements, intervention areas, and treatments. (2) Methods: To address this gap, we conducted a scoping review using the dialectical structural model of care (DSMC). Primary medical and legislative sources were used. (3) Results: two kinds of midwife, or qābila, were discovered, along with a woman physician, or ṭabība, who also acted as a midwife. These professions underwent diverse training and fulfilled duties as obstetricians and pediatricians. Midwives were esteemed members of society and were the sole female professionals who needed qualified training. Their performance in the courts was exemplary. Tools for facilitating childbirth and interventions related to female health were discovered in the study. (4) Conclusions: The patriarchal societies suffer from significant inequality in terms of academic training, knowledge transmission, and healthcare provision. Midwives functioned in segregated domestic and legal spaces and were responsible for providing public care to communities from the 10th to 14th centuries.

Global Standard-Setting for Artificial Intelligence: Para-regulating International Law for AI?

Abstract Although there are several ongoing attempts at the international level to develop rules applicable to artificial intelligence (‘AI’) across countries, only the joint work of the International Organization for Standardization (‘ISO’) and the International Electrotechnical Commission (‘IEC’) has been successful at delivering a text with global character: the foundational standard, ‘ISO/IEC 22989:2022(E)—artificial intelligence concepts and terminology’, published in July 2022. This article explores the meaning and implications of this new standard from a regulatory point of view. The argument advanced is that despite its voluntary nature, this standard sets a pathway for future regulation of AI internationally, making it a paramount example of para-regulation. Para-regulation is understood here as the norms that do not place themselves within the legal space but delineate boundaries for posterior developments within that legal space. The author adopts a critical view of this para-regulatory role, arguing that the institutional arrangements in which these standards are created, in terms of representation and decision-making procedures, are far from ideal. This is particularly the case given the possibility of regulatory confrontation between key international players.

Brief considerations about the perspectives of the Romanian legal and judicial space

To prevent misunderstandings, I confess that I felt it a civic duty to call things by their names. I always will. If we are still given to live, at least let us do it with dignity and cleanliness. In this capacity, I testify that many of the current problems of the Romanian judicial and legal space, basically of our justice system, can be solved through a pragmatic approach to a segment of our justice system, that of social justice, since the traumas and abuses committed by the state authorities, with attributions in the field, have affected the human security of citizens, with the immediate consequence of affecting/altering the rule of law. The rule of law is that which is based, in essence, on the supremacy of the law, and not on the discretionary power of some leaders, regardless of the name they bear - presidents, heads of state, kings, princes, etc. -, and within which the recognition of democratic values and the promotion and defence of citizens' rights constitute a major objective.

EUROPEAN LAW AS A LEGAL SYSTEM

The article considers the main stages of European law-making, traces the historical development of the law of the European Union. European law is considered as a set of legal norms that regulate the relationships which develop within the framework of European integration associations. An attempt was made to reveal the role of the EU legal system in creating a political and legal space in which European legal and administrative norms operate; the structure and functions of the EU institutions are outlined in terms of assessing the degree of their supranationality. The main scientific and practical significance of this study lies, in particular, in the possibility of using its provisions to enrich the concept of the legal standing of international organizations.

Unity and differentiation of legal regulation for the implementation of the right to work in certain categories of employees

It has been proven that labour relations are a legal relationship between an employer and an employee, which is established on a voluntary basis with regard to the use by the former (i.e., the employer) of the latter’s (i.e., the employee’s) ability to work and is expressed in mutual rights and obligations. It has been noted that in order for legal regulation to be fair, effective and appropriate, it should be based on a number of principles which determine the key priorities and vectors of legal regulation. To a large extent, the principles ensure the unity and integrity of the legal system and the legal regulation mechanism.
 An emphasis is placed on the fact that certain categories of employees are employees for whom the current legislation, due to their physiological and social (including professional) properties (characteristics, signs, traits), provides for additional guarantees and/or benefits, some other advantages in working conditions compared to ordinary employees, and in some cases, increased requirements for their responsibility.
 It has been generalised that the application of the principle of unity and differentiation in the legal regulation of the implementation of the right to work in certain categories of employees is a prerequisite for unimpeded access and inclusion of persons with certain specific physiological and/or social traits considered to be legally significant into the common legal space within which relations on the use of hired labour arise, develop, change and terminate.
 It has been noted that the unity of legal regulation ensures a non-discriminatory approach to providing different individuals with the opportunity to realise their abilities and capacity to work through the conclusion of an employment contract. In turn, the differentiation of legal regulation allows taking into account the specific features of these employees and providing them with fair working conditions and adequate protection in accordance with their capabilities and needs due to these features.

PROTECTION OF PERSONAL DATA IN THE ERA OF DIGITALIZATION: CONSTITUTIONAL AND LEGAL ASPECT

The article is devoted to the study of the constitutional and legal foundations for the protection of personal data in the era of global digitalization. The authors conducted a comparative legal analysis of international acts and modern Kazakhstani legislation regulating, first of all, constitutional rights to the protection of private life, including the right to family and personal secrets; as well as the right to secrecy of personal savings and deposits; the right to privacy of correspondence, including telephone conversations, telegraph and postal messages, and the like. This article presents international legal and national instruments that guarantee the provision and protection of the right to privacy in the era of global digitalization, and also analyzes the legislative guarantees of non-interference in private life (including guarantees of protection from surveillance of private life, and guarantees non-dissemination of information about it). The article substantiates the need to introduce appropriate measures and tools to effectively protect personal data in the process of their collection, accumulation, use on automated database servers from accidental or unauthorized access, modification/destruction, or leakage or distribution. In addition, the article analyzes questions about the need to expand the conceptual apparatus of constitutional law; the formation of new terminological systems that would cover the entire process of informatization and digitalization in relation to constitutional and legal institutions in the field of personal data protection. Based on the results of the analysis, the authors formulated problematic areas of constitutional and legal recognition and legal protection of personal data. Some proposals were also formulated to improve the national legislation in relation to privacy and an attempt was made to comprehend a new set of concepts in the constitutional and legal sphere associated with the digitalization of legal relations and, in general, with the emergence of a digital legal space and the expansion of digital rights.

Historical preconditions of democratic changes in the context of the formation and development of Ukrainian statehood

The article examines the democratic origins of the social and state system in different historical periods. Important state-building legal sources are considered: Magdeburg law, Lithuanian statutes, the Constitution of Philip Orlyk, which had a decisive influence on the establishment of the foundations of the republican democratic state governed by the rule of law. The order of origin and acceptance of the privileges of the Magdeburg law by the cities of Ukraine is clarified. The democratic principles of the state and local system in different periods from the times of Kievan Rus, the Grand Duchy of Lithuania, to the Cossack state were revealed. The peculiarities of the administrative-territorial system during the stay of the Ukrainian lands as part of the Russian Empire, as well as the centralized system of the Soviet period, are considered.
 The role of civic self-government as the basis of local government, the process of change of power as the basis of democracy is defined. It is proved that Ukrainian statehood has democratic foundations and roots, including due to the influence of the Western political and legal space. In this regard, systemic changes, especially at the local government level, are aimed at restoring and reviving lost democratic roots and building a developed local government system.

THE PRINCIPLE OF PROTECTING HUMANS FROM MEDICAL EXPERIMENTS AND EXPERIENCES

The article presents the main international legal provisions on which the principle of human protection from medical experiments and experiments is based. The dynamics of the principle formation is traced from general theses to special norms that monitor the inadmissibility of illegal donation of human biomaterial. The penetration of medical innovations into the legal space and public legal awareness should be based on a clearly verifi ed concept of biosafety development. The human right to dispose of his body, the freedom to choose a safe model of personal behavior should be integrated into the existing value system of the state. The unity of the approach to determining the standard of human security should be based on universal approaches of international law, however, we recognize the need to create a unique and authentic mechanism for protecting individuals from medical experiments and experiments in the Russian Federation, with the aim of further dissemination of legislative and law enforcement.

On the Systematic and Historical Analysis of Concessionary Zones

Recent scholarship has emphasized the importance of extractive zones and enclaves in contemporary capitalism. This article seeks to understand the form of authority within these zones. To do so, it charts a brief genealogy of the concession, the reciprocal agreements entered into by states and companies that govern many extractive enclaves. Because concessions have a long, convoluted, and underexamined history, they are an ideal object for examining the shifting configurations of law, sovereignty, property, and government that undergird contemporary extraction. Neither simply public law nor private right, concessions are a unique legal form designed to produce nonsystematic and exceptional legal spaces that remain central to capitalist societies today.