Country's Legal System Research Articles

The Offence Of Infanticide To Vietnamese Criminal Code Comparison With Other Countries In The World

A mother’s love is one of the most sacred emotions of humanity, regardless of ethnicity or culture; however, a mother’s cruel rejection of such humanistic emotion and ending the life of the child she struggled to conceive and give birth to produces uneasiness and mistrust in people. There must be a reason why an average person would violate this consistent moral requirement. As a result of societal factors, the legal policies of a number of nations, including Vietnam, include infanticide as a crime with a number of special components, such as the offender endangering the life of a special victim under no less extraordinary situations and circumstances. All of the above distinctive conditions also produce a unique crime that partially reflects the state’s humanitarian policy. Due to the unique character of this offence, the legislation governing its implementation and enforcement must be carefully addressed. This article compares and contrasts Vietnamese law with the legal systems of countries that record infanticide as a crime, analyses and researches with an interdisciplinary approach to identify outstanding deficiencies, improve Vietnamese criminal law, ensure the criminal law’s adaptability to changing times, and better protect the rights of newborn children and mothers.

The Hipátia Model: Paths toward the Brazilian Archival Digital Preservation Era

ABSTRACTThis paper presents how Brazilian judiciary organizations are advancing towards a preserved digital environment, and how this process is improving the country's legal system. First, it analyzed the legal norms published by some of the most relevant Brazilian institutions and how these norms fostered the major courts to immediately start projects related to digital preservation. Second, the major challenges faced by these organizations while fulfilling the legal requirements were listed, and a general strategy to attend to them was defined. Subsequently, a model was established to fulfill these requirements. The model was structured to consider the possibilities of future expansion. As the main result of this research, a model capable of setting archival digital preservation projects was designed for the first time, enabling their consequent application by judiciary institutions in Brazil.

El Análisis del Principio Constitucional de los Pobladores de Huanta, matanza en el distrito de Putis.1984-Perú

The purpose of this study was to analyze the constitutional principle of the people of the province of Huanta. The research corresponds to a documentary and/or bibliographical theoretical exploration. The constitution is the norm of the highest hierarchical level of the legal system, whose purpose is to regulate state power and also the fundamental freedoms recognized to persons belonging to the state. (BCN, 2022). It should be noted that the Constitution is a political document with built-in provisions; because it contains a set of values, principles and norms that define political coexistence and strengthen the unity and consistency of the country's legal system. We examine, then, the constitutional principles of the Huantinos; because these are the decisions that print the dominant trend in the relations of the rulers. Constitutional principles refer to the ethical, social, legal and ideological values ??enshrined in the country's constitution, from which the entire legal system derives. They can also be called basic principles. (Significados.com, 2023).” The constitution of the country and the resulting legal system are a way of understanding the relationships between individuals in a certain way, to form a standard cultural expression in society and at a certain time, all within the limits of the inner breath of the vocation. the justice that follows man. Thus, society and history act as unavoidable conditions in this universal search to live with justice. (GARCÍA. Enrique, 2010). (CAMPOS, 2015) This reveals that constitutional finalism is anchored in the configuration between values ??and principles, because it is the horizon of ends that gives a unified meaning to the axiological system, uproots all the predictions of the constitution, which, while the constitution is the basis of the legal system, it seeps into all its parts.

Organisation of prevention of offences in the fiscal sphere: organisational and legal aspects

Offences in the field of taxation are one of the most important financial offences against which the State has taken effective countermeasures. In the system of financial support of the State, the main place is occupied by legal relations of taxation which regulate the flow of funds for the purpose of fulfilling State tasks and satisfying public interests. Today, most spheres of public life are financed by public resources which come mainly from taxpayers in the form of taxes and fees. The purpose of the paper is to analyze the legal framework for prevention of offences in the fiscal sphere, and to study the specifics of administrative and legal measures for prevention of the said torts. The author comes to the conclusion that prevention of administrative offences in the tax area by means of administrative law consists in coordinated activities of tax control subjects, law enforcement authorities and public organizations with a view to neutralizing legal, economic, moral, technical, organizational and other reasons for committing fiscal torts related to violation of the procedure for administering payment of taxes, fees and other mandatory payments in order to protect the rights and legitimate interests of taxpayers. We believe that administrative and legal means of preventing tax offences is a system of substantive (administrative and legal norms in the field of prevention of offences in the tax sphere, administrative acts of individual action - regulatory and protective administrative acts), as well as effective instruments implemented in conjunction with administrative organizational and moral and educational measures. Analyzing the study, it becomes obvious that measures aimed at preventing the commission of offences in the fiscal sphere are a necessary element of the country's legal system, and in fact this process is indispensable for combating tax crime. Implementation of effective measures contributes to ensuring law and order in the field of taxation and is the factor that will most contribute to the development of the country's economic security.

Konstitusi dan Hukum Perundang-Undangan

The constitution and statutory law are two important pillars in running a country's legal system. The constitution is the highest legal basis that determines the structure of government, the rights of citizens, and the mechanism for exercising power. On the other hand, statutory law is the entirety of the legal regulations produced by the legislature and functions to regulate people's lives and provide a framework for decision-making and dispute resolution. This research explores the important role of the constitution and statutory law in ensuring justice, stability, and security of a country and how the two interact to achieve these goals.
 Keywords: Constitution, statutory law, legal system, government, citizens' rights, legislature, justice, stability, security, interaction.

International Legal Cooperation in the Field Of Criminal Justice: New Challenges and Ways to Overcome Them

Purpose: Nowadays, international legal cooperation in criminal justice is one of the most important components of each country's legal system. Due to the growing number of international crimes, such as terrorism, cybercrime, cross-border crime and others that have become transnational, the need for effective international cooperation is becoming increasingly important. This article provides a comprehensive overview of the principles, forms and instruments of international cooperation in criminal matters. Method: The article uses general and special scientific methods. Results: The article emphasizes the importance of trust, mutual responsibility and cooperation, mutual legal assistance and protection of human rights as key principles of international cooperation. The article also considers various instruments of international cooperation, such as Interpol, Europol, the Hague Conference on Private International Law and others. Conclusions: The article argues that these instruments play a crucial role in facilitating cross-border cooperation and improving the effectiveness of criminal justice systems around the world. The article is a valuable contribution to understanding the importance of international cooperation in criminal justice and its impact on national legal systems. The article provides a clear explanation of the concepts and principles of international cooperation in criminal justice, its current problems, challenges, work currently underway to overcome them, and future plans to improve international cooperation in the field of criminal justice.

Hakim Sebagai Pembaru Hukum Dalam Sistem Peradilan di Indonesia

In Indonesia, the legal system adheres to the European continental system, which is a legacy of the legal system inherited from the Netherlands, which once colonized Indonesia and thus had a significant influence on the country's legal system. Within the framework of the Continental European legal system, judges play a crucial role in adjudicating cases and ensuring justice for all parties involved. According to the Judicial Power Law, judges are prohibited from rejecting a case and are expected to possess a comprehensive knowledge of the law. Therefore, in addition to upholding justice, judges must also be capable of creating or discovering legal principles This research employs a qualitative approach to explore the role of judges as legal innovators within Indonesia's judicial system. It concludes that in the European continental system, judges hold a highly significant position in legal innovation, which, in this context, pertains to law enforcement. In fulfilling their duties, judges must uphold values such as independence, morality, and justice to render fair judgments, aligning with the ultimate aspiration of the legal system..

Constitutional reform of Ukraine in 2016 and its impact on the development of the legal system

It has been established that the constitution is the fundamental law of any modern state, which ensures the integrity of the country's legal system. The said legal act contains the most important provisions defining the basic guarantees for the protection of rights, freedoms and interests of a person and a citizen, as well as the key principles of functioning of the State as a whole and its legislative, executive and judicial branches. It is noted that the priority of the constitutional provisions is due to the fact that all other legal acts of different legal force are developed in accordance to it.
 Attention is drawn to the fact that the constitutional reform in Ukraine implemented in 2016 was important for our country, since: firstly, it was aimed at strengthening democracy and observance of the rule of law in Ukraine; secondly, the powers of the President of Ukraine and the Verkhovna Rada of Ukraine to elect judges to office were adapted in accordance with international standards; thirdly, the requirements for the personality and professionalism of judges were significantly increased.
 It has been noted that the constitutional reform of 2016 had a significant impact not only on the activities of the judiciary, but also on the development of the legal system of the Ukrainian State. Thus, among the positive aspects of the relevant reform are the following: the content of the legal provisions enshrined in the Constitution of Ukraine defining human rights and freedoms has become one of the broadest among European countries; the reform significantly changed the approach to the content of the principle of judicial immunity, in particular, a functional approach to ensuring judicial immunity was applied; the activities of the bodies responsible for the judiciary were reformed in accordance with European requirements and standards.

CONSTITUTIONAL MONITORING AS A TOOL FOR CONSTRUCTIVE DEVELOPMENT OF THE NATIONAL LEGAL SYSTEM

This article is dedicated to the study of prospects and prerequisites for the development of constitutional monitoring in Kazakhstan. Constitutional monitoring is viewed as an effective tool for identifying deficiencies in the national legal system and determining directions for its improvement. To describe the existing prerequisites for the implementation of constitutional monitoring, the author refers to the example of the latest constitutional reform and the genesis of monitoring development, which allows the conclusion to be drawn about its progressive development. The article proposes to define the object, criteria, and methodology for conducting constitutional monitoring, as well as approaches to its implementation and achievement of goals in Kazakhstan. The author recommends taking into account the experience of other countries and international organizations, ensuring transparency and objectivity of constitutional monitoring, establishing clear criteria and indicators, involving independent experts and civil society. The object of constitutional monitoring is proposed to be considered in a broad sense, covering existing law and law enforcement practice. Criteria for conducting constitutional monitoring are recommended to be determined based on the approaches of the United Nations and the Venice Commission of the Council of Europe, and the methodology for analyzing and evaluating criteria can be developed based on internationally recognized tools such as the Rule of Law Index or the Corruption Perceptions Index, among others. In conclusion, the author emphasizes that systematic constitutional monitoring is a necessary condition for achieving stability and progressive development of the country's legal system. The article has potential value for several audiences. Firstly, policy makers and legislators who are striving to improve Kazakhstan's legal system can use its recommendations to develop effective strategies. Secondly, this article may be useful for students, legal scholars, human rights activists, and anyone interested in legal issues. It will help to gain a more structured understanding of the prospects for the development of constitutional monitoring in the context of Kazakhstan, as well as recommendations for the application of modern international standards and practices in this process.

The protection of property rights in criminal and civil proceedings: ECtHR practice

The article is relevant in modern conditions since the protection of property rights is one of the main prerequisites for the functioning of the market economy and ensuring the country's economic development. In this regard, it is important to study the practice of the European Court of Human Rights (ECtHR) on the violation of property rights in criminal and civil proceedings, as this can help to improve the legal practice of domestic courts and ensure more effective protection of property rights. The study of the practice of the ECtHR on this topic is an important step for improving the country's legal system and ensuring proper protection of property rights, which is important for the development of society as a whole. The purpose of the research is to study the practice of the European Court of Human Rights (ECtHR) regarding the violation of the right to property in criminal and civil proceedings, as well as the analysis of this practice in order to determine the standards used by the ECtHR when considering cases related to the right to property. The methodological basis of the work consists of general scientific and special methods: the method of analyzing scientific literature, comparative analysis, empirical research methods, system analysis, and legal expertise. The result of the work is research and analysis of the practice of property rights protection in criminal and civil proceedings in accordance with international standards, which will allow to propose possible solutions for improving national practice and legislation in this area.

An Investigation of India's and Pakistan's Legal Systems through the Lens of Rule of Law

The rule of law furthers the goals of nationhood and peace throughout developmental processes. It's the bedrock of a free society, and democratic values are nothing more than a buzzword if the courts aren't entirely independent and the legislature and president don't treat them with the respect they deserve. Respect and autonomy thrive when one state institution may rein in the authority of another state institution (a phenomenon known as "horizontal accountability"). The principle of separation of powers among governmental authorities is essential to the rule of law. This paper will compare the rule of law in India and Pakistan, with a particular emphasis on the role of the judiciary in each country's legal system. It will also investigate the facts surrounding the question of whether or not governmental powers are constrained when it comes to protecting citizens' basic liberties. At the same time, the effects of a purely hypothetical version of the rule of law on its observance will be examined. The study will also compare and contrast the two nations' levels of representative government and the ease with which citizens may obtain civil justice.

Legal content and etymology of the concept «national idea»

Purpose. The purpose of the study is to determine the legal content of the concept of «national idea», to reveal approaches to its implementation in Ukrainian state-legal thought and influence on modern state-building processes. Methods. The methodological basis of the research was a set of theoretical, general scientific and specifically scientific methods, as well as the principles of objectivity and historicism. The key was the dialectical approach and the comparativist method, which made it possible to reveal the value principles and dynamics of the development of the concept of «national idea». Results. It was established that in the Ukrainian tradition of state-building and state-legal thought of the 20th century. the concept of the national idea is reflected quite thoroughly. At the same time, in the conditions of independence, this concept is the object of social or political discussions and has not received a clear legal expression. In Ukrainian legal opinion, in addition to the concept of «national idea», the concepts of «national identity», «ethnic identity», and «religious identity» are used. The connection between the national idea and the country's legal system is demonstrated, because the legal ideology of the country is a component of the national ideology, and the legal awareness and legal culture of the population are a component of the national consciousness. Originality. It was established that the concept of the national idea should be considered at three levels: 1) everyday or conscious-cultural; 2) professional or ideological-legal; 3) theoretical. The national idea itself is a set of value orientations that determine the general vector of the state's development. Realization of the national idea is possible only if one takes into account one's own experience of state formation and the system of democratic values. Practical significance. The results of the research can be used in further theoretical-legal and historical-legal studies, preparation of special courses.

Research and Countermeasures of Long-Arm Jurisdiction in the United States

The long-arm jurisdiction of the United States is a policy of applying laws within the region to those outside the region. Through the evolution of different periods, it has gradually changed from a tool for managing affairs outside the region to a weapon for hegemony and turned into a political choice to serve national interests. As trade has globalized and America’s long-arm rule has intensified, more and more countries and multinational companies have been hurt. At present, the international research on the long-arm jurisdiction of the United States is insufficient, and the defense mechanism to deal with the improper extraterritorial jurisdiction in the legal system of some countries is not perfect. This paper will study the nature and characteristics of the long-arm jurisdiction of the United States through its development history, and put forward countermeasures against the improper long-arm jurisdiction of the United States according to the international situation and the defects of the legal system of various countries. The fundamental measures are to improve the defense mechanism in the legal system and actively promote the extraterritorial application of domestic law while forming alliances with other countries to strengthen the resistance and try to reach bilateral treaties to prevent unnecessary disputes.

Genesis of accounting systems

Introduction. Globalization of the economy requires the use of generally accepted business management tools in the conditions of an eco­nomy without borders. The trend of recent deca­des is the gradual approximation of existing national accounting systems and models to international standards. Problem. It is important to outline the cur­rent bounds of existing accounting systems, to investigate the objective way of their genesis in order to predict general trends in the interests of economic entities and regulatory institutions. The aim of the article is to clarify the essence of accounting systems in their evolution in order to identify the most important parameters, the classification of which would be the most universal and objective for the harmonization of accounting systems. Methods. General scientific methods of cog­nition are used – theoretical generalization, com­parative analysis and synthesis for processing factual information, induction and deduction. Results. The practical effect of accounting sys­tems classification is to promote the development and harmonization of national accounting sys­tems, help in the professional training of accoun­tants and auditors who will be able to perform their work more efficiently both within a certain country and at the international (global) level. Conclusions. The legal system of countries and their economic parameters are the main factors that are based on the vast majority of the studied classification of accounting systems and models. Economic factors, in turn, are indirectly determined by the level of education in the state and international relations, while correlating with the legal component. Other factors, despite their importance, are mostly not dominant. At the same time, the dominance of the ac­counting system, which is based on the princip­les of full coverage and fair disclosure of infor­mation, is growing on a global scale. The Inter­national Financial Re­porting Standards (IFRS), which affect the accoun­ting infrastructure of most countries, are built on its basic architecture.

Impacts of International integral to Vietnamese Labor Law

The process of international integration has had a strong and comprehensive impact on the operation of the economy as well as the political, cultural, and social life of Vietnam, including the field of law and especially labor law. The labor law is an important part of any country's legal system, formed and developed along with socio-economic development. Therefore, in the current process of deep and comprehensive integration, Vietnam's labor law has been having certain impacts. Accordingly, integration and development have impacted the continuous change and improvement of Vietnam's labor law starting from the 6th National Congress of the Party until now. In addition to the achievements in the implementation process to meet the requirements of international labor standards and contribute to harmonizing labor relations to adapt to a fluctuating economy, today, Vietnam’s labor law still has some limitations, which need to be gradually overcome in the future. This article focuses on researching the impact of international integration on the development of Vietnam's labor law in each period, the achievements as well as limitations in regulations. From those impacts, the article offers some proposals to perfect Vietnam's labor law, contributing to the current strong international integration trend.

Accrual Anomaly: A Review of Literature

This study reviewed literature on accrual anomaly. The study investigates the occurrence of accrual anomaly globally with specific attention on other countries factors beyond the informatory aspect of stocks price prediction, that account for accrual anomaly worldwide. The conceptual approach methodology was adopted; materials were sourced online and journals of accounting and finance researches from where the findings of most previous related studies were reviewed. We observed that, accrual anomaly is not only associated with the United States and countries that share common characteristics with United States, but with code law countries; country legal system, changes in accounting regimes, influenced accrual anomaly occurrence globally; also, we observed some methodological deficiencies in accrual anomaly measurement in prior studies and a limitation of Sloan coexistence hypothesis of accrual and cash flow anomalies. Hence, we recommend that; first, a pre and post study of International Financial Reporting Standard (IFRS) on accrual anomaly is necessary in order to establish the effect of changes in accounting regimes on accrual anomaly in Nigeria. Second, a validation of Mishkin-test commonly accrual anomaly test and Sloan 1996 coexistence of accrual and cash flow anomalies. Finally, a future study that will include profit and loss firms as sample is encouraged.

Annulment of Marriage and Khuluk in Family Law in Muslim Countries: A Comparative Study of Family Law in Syria, Sudan, Turkey and Indonesia

<span lang="EN-US">This research discusses the renewal of family law which regulates marriage, child-rearing, inheritance, and so on in several Muslim countries. In line with the times, countries, where the majority of the population is Muslim, have begun to reform their respective country's legal systems, both criminal law, and civil law. The research in this article aims to determine the comparison of one country to another according to the level of secular, liberal, or viewed from another side in efforts to reform family law. The research in this article is qualitative research using the literature study method. The research in this article uses a comparative and historical approach. Sources of data in this study are legal products of Islamic countries, scientific journals, and other supporting documents. The research in this article finds that Syria and Sudan are examples of Islamic countries that still maintain Islamic law and its values </span><span lang="EN-US">in their laws and regulations. Meanwhile, Turkey has gone far beyond Islamic law and adopted Western legal standards. Indonesia did not adopt Islamic law as a whole and also did not adopt Western law as a whole.</span>

Extrinsic and Intrinsic Aspects of The Adversarial System of Pakistan: Fact Finding Through Evidence

Due to its foundations in the English and Magna Carta legal systems, Pakistan's legal system is fundamentally adversarial. The dominant idea that runs through Pakistani law is the adversarial paradigm. For the purpose of establishing facts, this method primarily relies on numerous types of evidence. However, the disadvantages of Pakistan's adversarial system to its sociopolitical and religious-economic environment outweigh its advantages. This paper explores Pakistan's adversarial judicial system in terms of its extrinsic and inherent characteristics, as well as its advantages and disadvantages for the country's legal system. This study discusses the adversarial legal system of Pakistan the extrinsic and intrinsic components of an adversarial system by in the light of constraints and benefits to the Pakistani legal system. The fact finding with the help of evidence and extrinsic and intrinsic aspects of the adversarial system of Pakistan are discussed in this study. There lacks an effective legal framework as well non enforcement of existing laws without proper checks and balances on the concerned departments and offices. There is a dire need to reform and update the existing legal framework in line with the modern world systems.

Agama dan Moral dalam Pembentukan Substansi dan Struktur Hukum

Religious and moral relations are interrelated in the formation of a country's legal system. Religion is the initial foundation for building a moral society. In this way, religion, morals, and the state cannot be separated. A law becomes empty if it is not imbued with morality. Likewise with religion which gives color to the law to base substantive values on the public good and the upholding of justice, so that religion and morals can become elements in the development of the aspired law. This study aims to determine whether religion and morals have a role in the formation of legal substance and structure. This research is normative, studying the legal system with library research. The approach used is a historical approach, examining and studying developments regarding religion, morals, and the legal system. The study's findings indicate that the presence of religion and morality in human life has a nature, has an ontological function to regulate social life, and religion can substantively influence behavior in the formation of legal substance and structure. Morality and religion have a significant impact on the substantive formation of law. Law is formed on the basis of morality, so the effectiveness of legal products will be good, so that religion and morality create humanist and liberated laws that will help solve problems that exist in society. This study concludes that religion and morals influence the formation of substantive legal thinking and legal structure. The existence of religious and moral influences provides inspiration for the development of legal science and plays a role in creating a humanist and liberating law.

The essence of private communication in the criminal process: separate theoretical-legal and applied aspects

The article presents a monistic concept of the relationship between national criminal procedural law and international law, in particular, comparing the norms of international treaties, the Constitution of Ukraine, and the Criminal Procedure Code of Ukraine. The places of these legal norms in the hierarchy of the country's legal system are determined from the point of view of their different legal force.
 Such an institution of the national criminal-procedural branch of law as interference in private communication is considered. It was analyzed that compliance with the norms of this institute includes classic and non-typical legal norms of the CPC of Ukraine. A scientific opinion is presented regarding the incompleteness of the list of investigative actions provided for by the prescriptions of paragraph 2 "Interference in private communication" of chapter 21 "Secret investigative (search) actions" of the CPC, which are related to interference in private communication.
 The legal category "private communication" was analyzed, in particular the legal definitions set forth in Part 1 of Art. 3 Art. 258 of the CPC of Ukraine, theoretical aspects of the essence of this concept, its constituent elements. The latest judicial practice of the Supreme Court on the application of this legal category was studied.
 It was concluded that the content of the research definition includes private, family and professional spheres, and may include information that is in the possession of a mass media or journalist, medical, notarial, commercial or other legally protected secret.
 In the context of the study, the provisions of Part 1 of Art. 8 and Part 1 of Art. 10 of the Convention on the Protection of Human Rights and Fundamental Freedoms. The legal category "private communication" is compared with the concept of "correspondence" of this Convention, which is interpreted in the practice of the European Court of Human Rights. Different approaches of national and international law to the formation of formed legal categories are noted.
 The provisions when the right to respect for "correspondence" must be ensured, that is, the confidentiality of communication must be protected, in accordance with the practice of the European Court of Human Rights.
 Focused attention on the relationship between Articles 8 and 10 of this Convention in situations where special powers are used to circumvent the protection of journalistic sources.
 The similarity of the researched concepts of private communication and correspondence, which under certain features may be similar in their own essence, after the violation relate to the protected right to secrecy of communications, has been established.