Legal System Research Articles

The Colorful Tapestry in Indian Legal System: Delving into Colorable Legislation in India

The Colorful Tapestry in Indian Legal System: Delving into Colorable Legislation in India

Developments of the Romanian State and Law in the Period of Communism

The establishment of the communist regime in Romania began in the immediate aftermath of World War II, with the seizure of power by the Romanian Communist Party (PCR) and the elimination of political opposition. The communist regime imposed a totalitarian ideology based on full state control over all aspects of social, economic and political life. During the communist period, the Romanian state was transformed into a totalitarian state with an authoritarian and centralized regime. Political power was concentrated in the hands of the Communist Party and the state became an instrument of its control. State institutions were subordinated to the party, and the separation of powers in the state was abolished in favour of an executive power dominated by Communist leaders. As far as the legal system is concerned, the communist period brought significant changes in legislation and judicial procedures. The law was used as a tool to control and suppress political opposition and all forms of dissent. Judicial proceedings were politicised and the independence of the judiciary was undermined in favour of the political interests of the communist regime.

Apologies, Remorse, and Amends: Empirical Legal Studies Across Domains and Disciplines

The role of apologies in law is offered as an example of a topic that cuts across legal fields, and one that is quintessentially interdisciplinary. Because apologies are an often-desired response in the wake of a wrongful act, they can be significant in many legal settings. Apologies or the lack thereof affect attributions of responsibility and blame, provide information, and alter relationships. Apologies play a role in motivating or forestalling legal action, shape settlement in civilcases, influence punishment in criminal cases, provide alternate or complementary means of accountability, and impact relations among parties to conflict from the interpersonal to the geopolitical. An understanding of apologies is enriched by research conducted by legal scholars, sociologists and psychologists, economists and political scientists, historians and linguists, and criminologists, using methods drawn from each of these fields. This range of empirical research is necessary to successfully develop a better understanding of the desire for, effects of, and limits of apologies across varied legal contexts and the implications for client counseling and legal strategy, for legal reform and systems design, for political decision making, and for procedural, restorative, and transitional justice.

Love in the time of stigma: relationship interest following criminal conviction

ABSTRACT Criminological scholarship underscores that marriages or stable partnerships are key turning points toward desistance from crime. Yet, whether people are open to starting a relationship with someone with a criminal record remains underexplored. Researchers have recently explored the effect of criminal records on finding dating partners, but these studies do not account for varying offense severities that may influence consideration of romantic partners. Using a survey design, this study investigates the degree to which various offense conviction types, prior personal and vicarious legal system contact, and demographics influence consideration of dating relationships with someone criminally convicted. Results indicate that age, education, race, political stance, gender, sexuality, prior arrest or conviction, and knowing others who have been incarcerated affected consideration of dating relationships with someone with a conviction, although the association depends on the offense type. This study addresses the important gap of relationship interest, which is a necessary precursor to relationship formation that could enhance desistance.

Research on the Progressiveness and Deficiency of Laws of the Twelve Tables

The wheel of history rolls forward, leaving a profound mark on the land of ancient Rome. In this long history, Roman law, as the birthplace of Western civilization, has a far-reaching impact. Among them, the bloodshed between the aristocrats and the commoners is undoubtedly the most profound mark in Roman history. However, behind this mark is hidden a great law - the Laws of the Twelve Tables. Laws of the Twelve Tables is the earliest written law of ancient Rome, which had a profound influence on the development of the legal system of later generations. The birth of this law marked the transformation of Roman society from a tribal union to a centralized system, and laid the foundation for the later Roman Empire. This paper will assess the historical significance and impact of the Twelve Bronze Tables Law in light of contemporary legal theories. This will offer a fresh viewpoint and source of inspiration for future research on Roman legal history, help people around the world gain a better understanding of the principles and practices of the rule of law in ancient Rome, and serve as a helpful guide for the development of the rule of law in contemporary society.

Research on Network Novel Infringement

The rapid development of the Internet has brought great changes to our lives and has had a far-reaching impact on the law. In the context of the Internet, the network culture represented by network novels has gradually entered the historical stage and has become an important part of China's cultural system. However, with the continuous increase in the total number of online novels, copyright infringement cases of online fiction are also increasing. Especially in the present, China's legal system for the protection of copyright in network novels is still not perfect, and the infringement of copyright in network fictions continues to emerge. Clarifying the relevant legal relations of network novels is also an important premise to solve their dilemma. On the basis of explaining its concept, this paper analyzes the case, points out the existing problems based on practice, and finally puts forward constructive suggestions.

El principio de presunción de inocencia y la aplicación del procedimiento abreviado

The aim is to study the constitutional principle of presumption of innocence and its impact on the application of the fast-track procedure, in criminal matters. A qualitative methodology was used in this research, with the use of different methods, such as the analytical-synthetic method, as well as the historical-logical method, which were based on the exhaustive analysis of the principle of innocence and the fast-track procedure. The main technique used was an observation, since the Ecuadorian legal system was analyzed through a bibliographic-documentary approach in order to conclude that the application of the fast-track procedure is discussed and criticized due to its effectiveness in terms of procedural speed; the judicial system is considered vitiated by irregularities because it is insufficient to decongest the judicial system. When there is a suspension of any of the stages or procedures of the criminal process, a possible consequence is that an improper or erroneous judicial sentence is issued, violating the constitutional principles of due process.

Mediation and the feasibility of aplication in contraventional processes of violence against women and members of the family nucleus in Ecuador

The Ecuadorian State maintains a legal system with a guarantees tint, which is why it protects the constitutional rights of the legal subjects that inhabit it. However, the Ecuadorian culture itself has been responsible for establishing inequalities, putting women in a situation of vulnerability, causing gender violence that, currently in Ecuador, has increased drastically. Through this research, we seek to analyze the way in which mediation as an alternative method of conflict resolution can help women who are victims of violence without having to exhaust judicial instances, which on many occasions becomes ineffective due to the very nature of these. criminal infractions, as well as due to the procedural congestion that exists within the Judicial Units Against Violence against Women and Members of the Family Nucleus. Through a qualitative research approach, which will allow observing the object of study to determine if it is appropriate and above all the feasibility of mediation as a tool for contravention procedures of violence against women or members of the family nucleus, in order to counteract this conflict quickly and effectively.

PERMANENT LEGAL STRENGTH (INKRACHT VAN GEWEIJSDE) PKPU PEACE IN BANKRUPTCY LAW

The decision to ratify PKPU peace (homologation) based on its regulations has permanent legal force (inkracht van geweijsde). The nature of permanent legal force is related to whether it can be executed or implemented immediately, so that this decision requires legal certainty by stating that the decision must have permanent legal force. Bankruptcy law regulates differently regarding the permanent legal force in PKPU decisions, the difference being that the permanent legal force does not apply to the entire substance of the case but only to the peace agreement agreement, which can be called limited permanent legal force. Regarding this specificity, the researcher wants to analyze it under the title "permanent legal force (inkracht van geweijsde) of PKPU peace in bankruptcy law". This research uses normative juridical research methods, with the analysis of peace theory, legal system theory and theory of legal objectives with a statutory approach, conceptual approach and case approach and which is expected to have prescriptive value in the future in accordance with its axiology, namely the aim of law is justice

Peculiarities of the institution of property alienation contracts in the Anglo-American legal system

The article examines topical issues of the institution of property alienation contracts in the Anglo-American legal system. Peculiarities of the civil law contract in the countries of the Anglo-American legal system are determined. Definitions of «civil legal system» and «alienation of property» are provided. The legal aspects of concluding contracts regarding the alienation of property are analyzed, in particular the form and conditions of concluding such contracts, as well as the peculiarities of legal regulation of the definition of the subject of contracts regarding the alienation of property. The stage of conclusion of contracts on the alienation of property in the countries of the Anglo-American legal system is studied. Attention is focused on the fact that a distinctive feature of the development of the institution of contractual relations in the countries of the Anglo- American legal system is that, firstly, it took place under the significant influence of judicial practice; secondly, found its consolidation in the norms of common law. However, regarding certain types of property alienation contracts, it is worth noting that they are regulated by the norms of special legislative acts. It has been analyzed that, in practice, the relations of the parties concluding a contract of alienation of property are largely regulated not by legal norms that make up positive law, but by the norms of their own «contractual law» created by the parties, that is, by the terms of the contract they have. The content of specific property alienation contracts in this way is determined not so much by the satisfaction of the mutual interests of the counterparties, but by the capabilities and wishes of the economically stronger partner and the necessity dictated by the specific situation of the weaker party to the agreement. It was concluded that the regulation of the institution of property alienation contracts in the countries of the Anglo-American legal system has its own characteristics. In particular, in England, it is possible to note the increased activity of the parliament in the field of regulating civil relations, which is manifested in particular in the adoption of new and amendments to already existing laws, which are voluminous in their content, as a result of which in practice they are even called codified.

Сoncept of the draft normative-legal act аs a law-making phenomenon

In the article, the author focuses on the relevance of the conceptual and categorical analysis of any phenomena and processes of legal reality, especially the phenomenon of the concept, which is today the basis of improving the functioning of jurisprudence. It was noted that due to constant changes in the socio-economic situation, technological progress, as well as foreign policy factors, it is important to adapt the legislation to new realities. Understanding and studying various concepts of the development of legislation, as well as their impact on legal practice, allows you to effectively analyze and improve the country's legal system. This approach helps to ensure legal stability, protection of citizens' rights, and increased confidence in the legal system in general. First of all, in cognitive terms, it is important to conduct an analysis of the studied phenomenon of the concept through the prism of its conceptual-categorical dimension, which will allow to generalize its properties and improve the definition. The indicated vector of scientific knowledge will first of all strengthen the methodological basis for further research of concepts as a law-making phenomenon, define clear boundaries of the subject of scientific knowledge, establish cognitive regularities of concepts, putting them in the basis of a corresponding unified doctrinal understanding of them. In the content of the work, an analysis of the concept as a special law-making phenomenon, determination of approaches to its understanding that have developed in legal science, clarification of the features of the concept of the project of a normative-legal act, and improvement of the definition of the concept as a component of the conceptual and categorical apparatus of legal science are carried out. It was concluded that in the process of preparing a draft of a comprehensive normative legal act, one cannot do without a preliminary conclusion of its concept. In addition, the concept of writing a normative legal act can be brought up for discussion. In this way, it is proved that the concept of a normative legal act is an important stage and component of the normative design process, because the development of the correct concept allows to further formulate the provisions of the text of the normative act more clearly.

The right to freedom of speech: theoretical and legal aspect

The article defines the right to freedom as a vital role in the existence of humanity, as it allows citizens to take an active part in the country's political life and shape public opinion. The author notes that the right to freedom of speech has ancient historical origins. Documents were analyzed in which the principle of freedom of speech was declared, in particular the Great Charter of Freedoms (1215), Bill of Rights (1689), Declaration of Independence (1776), Declaration of the Rights of Man and Citizen (1789), Universal Declaration of Human Rights (1948), International Covenant on Civil and Political Rights (1966) and other acts. It is emphasized that these documents became the basis for developing the right to freedom of speech in modern democratic countries and provided an opportunity to freely express one's opinions without being persecuted by the authorities. The article pays special attention to domestic regulation of the right to freedom of speech. The author notes that freedom of speech is one of the critical components of human and citizen rights in many legal systems. The theoretical aspect of this issue includes the analysis of different approaches and concepts to understanding the essence and scope of this subjective legal right. Philosophical foundations and legal methods for understanding "freedom of speech” are described. It was determined that the right to freedom of speech is not absolute and may be limited. The work lists the circumstances under which the outlined right may be limited. The author emphasizes that possible restrictions must be legal, necessary in a democratic society, and comply with the principle of proportionality. The article summarizes that freedom of speech is historically an essential human right, which forms the basis of the legal status of an individual. Without it, the functioning of a democratic state is impossible at all. But at the same time, it should be taken into account that freedom of speech is not only a right but also a responsibility that rests on those who use this right. Ensuring its adequate protection requires a combination of international standards, national legislation, and constant adaptation to modern realities.

Features of Applying Judicial Precedent in the Ukrainian judicial system

The article explores the possibility of future application of judicial precedent in the Ukrainian judicial system and the necessity of normative consolidation of its status as a source of law. Additionally, it is necessary to determine the criteria according to which judicial acts will be classified as sources of law. It is important to consider that the legal force of judicial precedent cannot be equivalent to the legal force of legislation; however, it can play a supplementary role and significantly enhance the quality and effectiveness of justice delivery. It analyzes specific works of scholars on the issue of recognizing judicial precedent as a source of law in Ukraine and its application in modern judicial practice. It is argued that the main questions arising during the investigation of the potential application of judicial precedent in Ukraine as a legal phenomenon should be analyzed through comparative analysis with legal systems where precedent is the primary source of law. It is substantiated that comprehensive and thorough research on precedent as a source of law is necessary for further improvement of the judicial system in Ukraine, driven by several reasons. Firstly, the increasing scientific interest in atypical sources of law for our country is associated with the intensive processes of Ukraine's integration into the European and global communities, as well as military actions in the country. Secondly, at the present stage, there is a significant influence of political, geographical, historical, and other factors on the legal space. The third reason for conducting research on judicial precedent is that both precedent and judicial practice are exclusively applied and legally applicable institutions directly related to the practical activities of the judicial system. It is established that unlike judicial practice, a judicial precedent, which is created by individually adopted court decisions of higher judicial instances, is a type of legal provisions developed as a result of judicial practice and one of its forms aimed at overcoming gaps in legislative regulation.

Development of political and legal ideas regarding the concept of protective democracy

The article examines the evolution of the concept of protective democracy and ways of its implementation in political and legal practice. It is emphasized that in the course of historical development, the concept of democracy as one of the oldest means of organizing political power underwent significant changes caused by the evolution of society, legal and political systems, which affected its interpretation and implementation. The ideas that arose around this concept were studied, considering them from different perspectives - from historical to modern. It is shown that the primary and consolidated ideas about protective democracy arose at the turn of the XVII-XVIII centuries, when democracy began to be considered as a means by which citizens can protect themselves from excessive state control. It is noted that in the process of formation of the concept of protective democracy, political and legal ideas about the right to vote as a tool for the implementation of government accountability played a significant role, since democratic institutions and procedures need protection from abuse of power to ensure their stability and effectiveness. It is emphasized that the right to vote, as a key element of democracy, plays a significant role in this concept, as it is the main mechanism for expressing the will of the people and establishing the accountability of the government to the citizens. It is noted that ensuring wide access to voting ensures a higher level of government legitimacy and reduces the likelihood of its authoritarian tendencies. It is shown that political and legal ideas about the right to vote played a key role in the formation of the concept of protective democracy, emphasizing the need to protect and support this fundamental right to ensure the stability and effectiveness of democratic systems. Attention is paid to the contribution to the concept of defensive democracy by such outstanding thinkers and politicians as John Locke, Jeremy Bentham, James Mill and James Madison. The implementation of certain aspects of protective democracy in the US Constitution is considered, and attention is drawn to the role of the republican form of government in this context. Certain milestones in the development of the concept of protective democracy in the 20th century are shown, as well as some ideas regarding this issue in the 21st century, namely the types of protective democracy and its identification as an indirect form of democracy, are explored. Characteristic features of protective democracy and its definition are proposed.

The right to be forgotten: separate conceptual issues

The article is devoted to the study of the emergence and formation of the human right to be forgotten as the right of an individual to request the removal of his or her personal data from public access through search engines, under certain conditions. It is found that the establishment of the right to be forgotten is often associated with one of the key decisions of the Court of Justice of the European Union, namely, in the case of Google Spain v. Costeja Gonzalez, which has gained wide international publicity. However, it is important to note that freedom of speech and freedom of access to information are conflicting fundamental rights to the right to be forgotten. The right to privacy and the data protection regime do not exist in a vacuum: the right to privacy can often clash with other rights, in particular the right to freedom of expression, for example, in terms of censorship. The author analyses international judicial precedents regarding the acknowledgement of the right to be forgotten in the sphere of the digital human rights system, and finds that the rulings typically pertain to data that might drastically influence the fundamental rights to privacy and personal data protection. Furthermore, the courts explicitly assert their intention to achieve an equitable balance between these rights and the public's right to access information. Hence, the resolution of numerous conflicts is largely contingent on the factual context of each case. The author reviews the legal regulation of the right to be forgotten, in particular, the Regulation of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation), the 1995 Data Protection Directive, as updated and supplemented by the above-mentioned Regulation, and the European Convention on Human Rights, etc. Although the concept of the right to be forgotten is not recognised in the Ukrainian legal system, the Law of Ukraine "On Personal Data Protection” states that deletion or destruction of personal data in the information landscape is possible upon filing a complaint or going to court.

Judicial precedent in the Romano-Germanic legal family

The article is devoted to the study of the institution of judicial precedent in the Romano- Germanic legal family. It is established that the countries of the Romano-Germanic legal family, unlike the countries of the Anglo-Saxon legal family under the influence of Roman law, in the context of codification of law, have determined for themselves the priority source of law - law, not precedent. However, there is a gradual increase in the role of judicial precedent in continental law countries due to a number of factors that contribute to the intensification of judicial rulemaking. First, in these countries, there are still branches of law that, for various reasons, either do not have legal regulation or are regulated only by general reference rules or framework provisions. For objective reasons, the legislator cannot foresee the entire variety of real-life phenomena. This pushes the courts to adopt legal provisions that can fill in the gaps in the legal regulation of social relations. Secondly, there is a noticeable lag between legislation and dynamically changing social relations, resulting in the formation of large segments of social life regulated by legal acts that have lost their relevance. The current realities, which are largely full of unpredictable events, highlight the need for legal systems to adapt. All of this contributes to the use of judicial precedents, which serve not only as a tool for resolving specific disputes, but also as a means of developing law, allowing to fill existing «gaps in law». In the Romano-Germanic legal family, the real legal force of a judicial precedent is determined not so much by its formal enshrinement in legal acts as by actual life circumstances. Real-life situations, as well as the practical necessity and demand for precedent as a source of law, play a key role in determining its true legal status and legal force. Judicial precedent in continental law countries is becoming increasingly important, becoming an integral element of dynamic and adaptive legal regulation over time, and the rules establishing the generally binding force of precedents and the discretionary powers of authorized bodies are increasingly common in both public and private law in these countries. Judicial precedent in these countries should be considered as a source of law from a practical point of view, focusing on solving problems arising in the process of law enforcement.

Theoretical and legal analysis of the operation of law during martial law in Ukraine

The article examines the theoretical and legal aspects of the operation of law during martial law in Ukraine, which arose in connection with Russian aggression in 2022. The author analyzes the constitutional foundations and peculiarities of the operation of law under martial law, and examines the peculiarities of legislation and its application in Ukraine. Particular attention is paid to restrictions on constitutional rights and freedoms of citizens under martial law, such as freedom of movement, the right to peaceful assembly, and others. The article contains proposals for improving the legal regulation of martial law in Ukraine in order to ensure national security and protect the rights and interests of citizens. In continuation of the analysis of the theoretical and legal aspects of the operation of law during martial law in Ukraine, the article examines the mechanisms of institutions responsible for implementing legislation in times of crisis. Particular attention is paid to the role of the authorities in ensuring compliance with the rights and obligations of citizens during martial law, as well as the importance of defining procedures and control over the restriction of constitutional rights and freedoms during this period. Additionally, the article analyzes international experience and standards in this area in order to offer recommendations for improving Ukraine's domestic legislation in the context of protecting the rights and freedoms of citizens during martial law. Such an approach is aimed at ensuring national security and ensuring law and order in a crisis situation arising from aggression. The main task of law during martial law is to ensure national security and protect the rights and freedoms of citizens. However, this must be done in compliance with the basic principles of the rule of law, including transparency, legality, proportionality of measures and guarantees of judicial protection of citizens' rights. Only such an approach will ensure the effectiveness of management measures in a crisis situation, while preserving the basic values of the legal system.

Ecocide in the dimension of the constitutional and economic law of Ukraine

The article reveals the concept of ecocide, its negative impact on constitutional and economic legal relations and the consequences of such an act, especially during the period of martial law. In fact, since the beginning of the war, we have been observing the purposeful destruction of the ecosystem, flora, fauna, industrial, energy and infrastructure facilities, natural resources and the environment of the country. These offenses directly encroach on the normal state of social and legal relations in the sphere of economy, on the right to a safe environment and on the preservation of the gene pool of the Ukrainian people. The author draws attention to the fact that in Ukrainian legislation the concept of ecocide is defined in the Criminal Code of Ukraine and the appropriate measure of punishment is provided, namely from eight to fifteen years of imprisonment. It is emphasized that this criminal offense encroaches on a wider range of social and legal relations, namely property, economic entities and objects, the social position of the population, the life and health of a person, his safety and integrity. This is a violation of the norms of the constitutional and economic law of Ukraine. The study concluded that the mass destruction of flora and fauna, forests, poisoning of water bodies, interference with the ecosystem of Ukraine has extremely socially dangerous consequences not only for Ukraine itself, but also for Europe (for example, many objects of the Emerald Network are under threat of destruction and they are protected at the pan-European level) and for the world in general (for example, the impact on the atmosphere, hydrosphere and biosphere of the Earth as a result of the use of weapons). Unfortunately, air pollution has no boundaries. The article emphasizes that it is military ecocide as a criminal offense against the environment that requires clearer and more detailed legal regulation in the national legal system as well as in the international legal field, and generally recognition of such an offense that encroaches on humanity as a whole. After all, ecocide can be equated to such criminal offenses as crimes against humanity and genocide.

The Proliferation of Special Regimes and the Unity of the International Legal System

AbstractInternational law is becoming increasingly more specialized and diversified. In response to these developments, international lawyers now widely refer to international investment law, European human rights law and many other branches as ‘special regimes’. Scholars in the field see the proliferation of special regimes as a threat to the unity of the international legal system. In so doing, they are applying the traditional definition of a special regime as a collection of norms. This article encourages readers to conceive instead of a special regime as a community of practice—as an activity structured around the normative presuppositions of the people and institutions that participate in it. This new understanding, the article argues, is compatible with all predominant theories of law. When you adopt it, importantly, the proliferation of special regimes does not have the disintegrating effect that many scholars believe it to have.

The Impact of Artificial Intelligence on Legal Systems: Challenges and Opportunities

The integration of artificial intelligence into legal systems has engendered a paradigm shift in the legal landscape, presenting a complex interplay of challenges and opportunities for the legal profession and the justice system. This Comprehensive research delves into the multifaceted impact of artificial intelligence on legal systems, focusing on its transformative potential and implications. Through an extensive analysis of the integration of artificial intelligence technologies, including natural language processing, machine learning, and predictive analytics, the study illuminates the profound improvements in legal research, decision-making processes, and case management, emphasizing the unprecedented efficiency and accessibility that artificial intelligence offers within the legal domain. Furthermore, the research critically examines the ethical and societal challenges stemming from artificial intelligence integration, including concerns related to data privacy, algorithmic bias, and the accountability of artificial intelligence-driven legal solutions. By scrutinizing the existing regulatory frameworks governing artificial intelligence implementation, the study underscores the necessity of responsible and ethical artificial intelligence integration, advocating for transparency, fairness, and equitable practices in the legal profession. The findings contribute to the ongoing discourse on the ethical implications and effective management of artificial intelligence integration in legal systems, providing valuable insights and recommendations for stakeholders and policymakers to navigate the complexities and ensure the responsible adoption of artificial intelligence technologies within the legal sphere