Legal System Research Articles

Obtaining samples for examination in criminal proceedings: a comparative analysis

This article explores the procedures for obtaining samples for examination in criminal proceedings, focusing on the practices in Ukraine, the Netherlands, and France. It aims to identify commonalities and differences in legislative frameworks and procedural practices across these jurisdictions, highlighting their implications for human rights. While the practice of obtaining samples is essential for criminal investigations, it must be balanced with the rights of individuals. The research reveals that while Ukraine’s Criminal Procedure Code outlines sample collection procedures, it lacks detailed regulations that ensure the protection of rights during this process. In contrast, the Dutch and French legal systems provide clearer frameworks and protections, influenced by the European Court of Human Rights (hereinafter referred to as the ECHR) rulings. The ECHR has established important principles regarding the collection of biological samples, emphasizing the necessity of consent and the need to avoid arbitrary interference with individual rights. This comparative analysis underscores the importance of aligning Ukrainian legislation with the ECHR standards to safeguard human rights effectively. The findings suggest the need for a more precise legal framework in Ukraine that differentiates between sample collection and other investigative actions, ensuring transparency and protection of individual rights. Ultimately, the study calls for legislative reforms in Ukraine, inspired by successful practices in the Netherlands and France, to create a more robust and rights-respecting framework for obtaining samples in criminal proceedings.

Sports in principles of economics textbooks

PurposeThe purpose of this paper is to inform readers who are interested in textbooks, sports and sports economics, but especially professors who teach sports economics, about the coverage of sports in principles of economics textbooks.Design/methodology/approachThe data in the paper consist of the 130 sections on sports from twenty-one principles of economics textbooks. The paper illuminates the sections using numerous quotations and in-text references. The paper details the number of sections devoted to each sport, economic concepts they illuminate and how the text covers topics such as league rules, broadcast revenues and women in sports.FindingsThe paper finds that the 21 textbook authors devote an average of 934 words in an average of 6.2 sections of text to 11 sports. Sections of text vary from one sentence to lengthy discussions of topics such as increased salaries due to technological advances in broadcasting, antitrust cases, the gender pay gap and bargaining between leagues and players' unions. The authors refer to five published research papers on sports economics, two quantitative books, two quantitative articles in the popular press and one nonquantitative nonfiction book.Research limitations/implicationsThis paper provides data to researchers who study sports regarding topics that students are being taught in economics texts. It is a potential tool for connecting their areas of research to the university experience.Practical implicationsSports economics professors, and other professors, may enhance student interest by a choice of text for their principles classes.Social implicationsSports coverage in principles texts illuminates topics such as the effect of technology on income distribution, the morality of paying college athletes, the interaction of the legal system and markets and the gender gap.Originality/valueNo other publicly referenced paper details the use of sports in principles textbooks.

Human dignity and patient’s interests above all: assisted dying in Switzerland and the UK

Abstract This paper delves into the complex issue of the right to die with dignity, focusing on assisted dying practices within the legal frameworks of Switzerland and the United Kingdom. It examines the emerging challenges and contradictions that this right presents, especially in relation to the fundamental right to life. Highlighting the nuanced interplay between self-determination and the sanctity of life, the study delineates the ethical, medical, and cultural hurdles associated with euthanasia and assisted suicide. It underscores the necessity for legal systems to remain flexible and adaptable, bridging the gap between static legal texts and dynamic real-world applications. This paper seeks to provide a comprehensive analysis of how both countries manage the delicate balance between protecting human dignity and navigating the ethical complexities of assisted dying.

Advocacy as a key institution of civil society: individual and social dimensions of legal assistance

The article analyzes the place and functions of advocacy as a key institution of a democratic state. The importance of advocacy in the context of ensuring legal protection, access to justice and implementation of the principles of the rule of law is investigated. The role of advocacy as an important element of the legal system and civil society is considered. The transformation of the legal profession’s functions from the basic provision of legal aid to an active participant in the formation of state legal policy, improvement of the legislative framework and development of legal culture is being monitored. The dualistic nature of advocacy, which has both individual and social significance, is emphasized. The importance of advocacy as a tool of public control in the sphere of justice, its contribution to ensuring a fair trial and strengthening the rule of law is highlighted. The correlation between the development of the legal profession and the level of democratization of society, compliance with the rule of law and protection of human rights is analyzed. The status of the right to professional legal assistance as a basic human right that ensures the realization of other rights and legitimate interests is substantiated. Emphasis is placed on the importance of developing effective mechanisms for the legal protection of citizens with the participation of the legal profession. The impact of European integration on the modernization of the legal profession in Ukraine and the need to harmonize it with European standards are considered. Modern problems and prospects for the development of the legal profession in the process of building the legal state are analyzed. The defining role of advocacy in harmonizing the interests of the individual, society and the state, its significance for democratic development and the establishment of the rule of law is summarized. The need for further modernization of the institute of advocacy in accordance with modern challenges is emphasized.

CIBERCRIMES: ESTELIONATO VIRTUAL NO DIREITO BRASILEIRO

The research addresses the topic of cybercrimes, focusing on virtual fraud in the context of Brazilian law. The main objective is to analyze the elements that make up the practice of virtual fraud, investigating its insertion in the Brazilian legal system and the evolution of the rules that govern this crime. In addition, the research discusses the emergence of virtual fraud, its distinctive characteristics and the punishments provided for in current legislation. The study also seeks to understand virtual crimes in Brazil and evaluate preventive measures aimed at victims, aiming to reduce and inhibit the practice of this crime, which has grown with the digitalization of everyday transactions. Strengthening digital education policies and creating protection mechanisms for users, especially the most vulnerable, are strategies that should be adopted in conjunction with the application of criminal laws. The conclusion highlights the need for more effective educational and legal policies to mitigate the damage caused by this type of fraud in the cyber environment.

Freedom of Association in Italy: Genesis, Evolution and Limits of Protection of Associations in the Italian Legal System

Abstract This paper analyses the different dimensions of freedom of association in Italy. Section 1 introduces the topic and highlights some methodological issues related to comparative law. Section 2 briefly describes the evolution of the provisions protecting freedom of association in Italy from the Albertine Statute to the 1948 Constitution and gives an overview of the various constitutional provisions in which there is an intersection between the issue of freedom of association and the protection of intermediate bodies. Section 3 analyses the entitlement to the right to freedom of association and outlines some past and present derogations for certain categories of public servants, the regulation of constitutionally prohibited associations and the issue of compulsory associations. Section 4 analyses the rights in associations and the rights of associations focusing on compulsory associations and ideologically oriented organisations. Section 5 draws some conclusions and points out some recent legislative trends.

A RESPONSABILIZAÇÃO DOS AGENTES PÚBLICOS POR FRAUDES NAS AQUISIÇÕES PÚBLICAS DURANTE A PANDEMIA DE COVID-19

This is a scientific production whose theme is the accountability of public agents for fraud in public procurement during the COVID-19 pandemic. The Law of Administrative Improbity has been standing out in several aspects of the legal system and evolving in terms of legal and current protection, giving concreteness to the constitutional demand of art. 37, § 4.º, in order to effectively protect administrative morality, valuing honesty in dealing with public matters. For this, penalties have been sanctioned when there is disrespect for probity. This work was dedicated to analyzing the cases of accountability of public agents for fraud in acquisitions during the pandemic period of COVID-19, making an analysis of the concepts brought by the doctrinators and characterizing the improbable conduct, based on the principles of the Federal Constitution of 1988 and especially in compliance with Law No. 14230/21, which provides for administrative impropriety. The methodology used was a descriptive and exploratory literature review, with a qualitative approach. Regarding the results obtained, it is correct to state that during the pandemic period, mainly between the years 2020 and 2021, several public agents were involved in embezzlement, as shown in cases I, II, III and IV. As a result, there is passive corruption, which is practiced by the public agent who requests or receives, for himself or for another person of his interest, either directly or indirectly, any undue advantage due to the position he occupies.

Reforming Post-Arrest Bail in Pakistan: Lessons from a Comparative Study with India

This research paper presents a comparative analysis of the legal frameworks governing post-arrest bail in India and Pakistan, with a focus on the statutory provisions, judicial interpretations, and procedural safeguards that are involved. Although both states share a common legal heritage which is rooted in British colonial law, however, they have diverged in their approaches to bail, which are influenced by their respective constitutional mandates, legislative developments, and sociopolitical landscapes. This comparison is essential in order to understand how these legal systems are balancing individual rights with societal security and how judicial discretion are shaping bail in each country. For this purpose, this paper examines constitutional provisions besides main statutory provisions of the Indian and Pakistani criminal procedural laws, the role of judicial discretion and evolving jurisprudence of the post-arrest bail. This study offers insights into potential legal reforms, with an aim to enhance fairness and consistency in bail practices, through juxtaposing these principles in India and Pakistan. This study concludes that Pakistan should consider restructuring its bail procedural laws and system, and it suggests reforms taking into account the benefits of India’s progressive legal framework, to ensure consistency, fairness, and the protection of individual rights. This research also recommends future studies on balancing bail and incarceration, through focusing on judicial discretion and the application of the principle of proportionality.

The Criminal Justice System in the Lithuanian SSR: Genesis, Specifics and Relationship with Unarmed Anti-soviet Resistance

The article analyses the criminal justice system of Soviet Lithuania: the formation of the system, its norms and institutions, the aggregate of laws, and the prosecution of criminals. It also reveals how the transformation of the Soviet regime after Stalin’s death was reflected in the legal reality. The dimension of political crime, criminal prosecution for various forms of resistance against the Soviet regime, is particularly emphasised. The research revealed that although after Stalin’s death the Soviet regime in Lithuania released its grip and Soviet law acquired more liberal features, it continued to be used for reprisals against people who espoused different opinions. Several features were characteristic to the criminal prosecution of those who participated in unarmed opposition and dissidents in the Lithuanian SSR: a) the suspect was accused of a political crime under an article of the Criminal Code applicable to his activities (such cases violated international law, but were legal in the Soviet legal system), b) political crimes were criminalised by interpreting articles of the Criminal Code too liberally (even in the Soviet system such cases lacked objectivity), c) political cases were masked by criminal offenses and also contained elements of non-political crimes (cases were not objective and criminal charges were falsified). Even in the late Soviet period, the Soviet legal system collaborated hand in hand with the Lithuanian Communist Party and the KGB and was an integral part of the Soviet ruling system. The dishonesty of the Soviet legal system often served as evidence that the criticism of the regime by dissidents was justified. The fact that Soviet authorities did not always follow the legal norms that regulated their own activities showed that legal reality in the USSR was just fiction. The regime, which became softer externally, continued to observe the same totalitarian logic internally.

Examining traditional methods of handling domestic violence in a Southeastern Nigerian state: the imperative for social workers’ involvement

ABSTRACT This study investigates the conventional methods used to combat domestic violence within cultural contexts in a local council in Nigeria’s Southeastern state. The study aims first to promote the use of traditional methods of resolving domestic violence that aim at ensuring family unity and second, the need for social workers’ engagement in conventional means of resolving domestic violence. A qualitative study methodology was employed, using in-depth interviews to elicit data from twelve adult Nigerians residing in a local council of a southeastern state. Thematic analysis was adopted to analyze the data. The study discovered significant factors, including poverty, anger, and patriarchal structures, as predictors of domestic violence with substantial repercussions on family cohesion and the mental health of those affected. The findings revealed that people in the study area are well-versed in traditional methods for handling domestic violence, with family elders and traditional and religious leaders playing a crucial role. The study reveals that people are unaware of social work professionals’ involvement in domestic violence management, mainly due to the relatively new and emerging nature of formal social work practice. We suggest the inclusion of social workers for effective and efficient use of traditional approaches in handling domestic violence. Their engagement becomes essential in propagating awareness about better system trust to encourage the use of conventional methods to ensure family protection, preservation, and reunification, unlike the formal legal system. The study, however, indicated that effective collaboration among social workers, policymakers, and community stakeholders is essential to develop comprehensive policies that effectively tackle the issue of domestic violence. Overall, the study recommends a collaborative effort by social workers and community stakeholders to develop strategies and identify adequate linkages to prevent possible social injustice resulting from patriarchal norms within the cultural context that may affect their intervention.

Bharatiya Sakshya Adhiniyam, 2023: An Overview of Key Amendments

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) represents a pivotal legislative development in Indian law, serving as a comprehensive update to the Indian Evidence Act of 1872. This new Act modernizes the approach to legal procedures, placing a particular emphasis on the handling and acceptance of electronic evidence in courts. Comprising 170 sections, the BSA replaces the antiquated colonial terminology found in previous legislation with more relevant and contemporary language that reflects current practices and technological realities. One of the most significant reforms introduced by the BSA is the broadened acceptance of digital records as admissible evidence, which acknowledges the rapid technological advancements that have transformed communication and documentation methods in recent years. The scope of the BSA extends to military courts, indicating a major overhaul in the legal framework of India. Furthermore, the Act redefines key concepts such as "documents" and "evidence," explicitly incorporating digital formats to ensure clarity and consistency in legal proceedings. These vital changes set the stage for a more technologically adept legal system in India, representing a substantial evolution in evidence law while addressing the pressing need for modernization in legal practices and procedures.

Research on Social Live Broadcast pps in Thenew Media Era

With the rapid growth of digital media, online social live streaming, as a new means of information exchange, has penetrated into our daily lives and has been widely used in various industries such as enterprise marketing, online teaching, and folk culture inheritance. This article provides a preliminary introduction to the concept, attributes, and classification of online social live streaming, and explores the application strategies in product promotion, online learning, and cultural promotion. When examining the current development status of social live streaming, a series of problems have been discovered, including the proliferation of vulgar information, user privacy and security issues, and intellectual property infringement. Suggestions have been put forward to improve the regulatory system for social live streaming content, strengthen user privacy and security protection, and promote the sound legal system, in order to promote the healthy and orderly development of social live streaming in the new media era and provide reference and inspiration for the industry.

On the Legal System of the First Republic of Armenia (1918–1920)

Abstract This article examines the development of the judicial and legal systems in the First Republic of Armenia (1918–1920), highlighting key reforms and challenges. It explores the establishment of various courts, including conciliation, district, and appellate courts, as well as the introduction of a jury court and notarial activities. Despite progressive reforms aimed at democratizing the legal system, such as the creation of jury courts and the regulation of investigatory bodies, widespread malfeasance plagued state administration. Efforts to combat corruption through the establishment of the Extraordinary Investigative Commission and Extraordinary Court proved ineffective, leading to their abolition in 1920. The article also discusses the failure to adopt a constitution, largely due to the republic’s short-lived existence and unresolved political crises. This research draws on primary sources including materials from the National Archives of the Republic of Armenia, parliamentary and government session minutes from 1918–1920, official records, statistical data, periodicals, and contemporary writings.

Law, Culture and Language: Challenges in Legal Term Translation from the Perspective of Comparative Legal Culture

As a cross-cultural communication activity, legal translation inevitably involves law, culture and language. The accurate translation of legal terms plays a crucial role in facilitating the exchange between different legal cultures. Cultural factors, including language, legal systems, legal institutional structures and legal mindsets, have a major impact on legal translation. Failure to capture the discrepancies between different legal cultures causes errors in the translation of legal terms. To achieve optimal translation effects, translators not only need to possess a high level of language proficiency but also have a deep understanding of different legal systems and cultures. From the perspective of comparative legal culture, this paper analyzes how cultural factors influence the translation of legal terminology between Chinese and English and proposes corresponding translation strategies. When there are equivalent concepts in both the source and target legal systems, translators should employ corresponding legal equivalents in the translation. In cases where such equivalents are absent, translators may employ paraphrasing techniques or coin new terms to convey the intended meaning.

The Application of Dayak Customary Law In West Kalimantan Towards Fulfilling A Sense of Justice For Victims (Case Study of Indecent Acts)

The position of customary law in the legal system in Indonesia has the same constitutional position as the legal position in general that applies in the life of the state in Indonesia. However, it must be emphasized that there is a difference between customary law and applicable law in general, namely the aspect of its enactment and formation. The applicability of customary law only applies to Indonesians and from the aspect of its form, customary law is generally not written. The method in this research uses empirical legal research. Research approaches using an empirical legal approach include a legal sociology approach, a legal psychology approach and a legal anthropology approach. Techniques for collecting legal materials through identification, inventory of positive legal rules, literature, books, journals, other sources of legal materials. Legal material analysis techniques use legal interpretation (interpretation), grammatical interpretation, systematic interpretation and legal construction methods. The results of the research and discussion show that the application of Kalimantan Dayak customary punishment is carried out by bringing together the two parties who have a conflict, then these parties are seated with traditional heads, tribal chiefs and people who are considered to understand customary law. After being seated together, a discussion was held regarding the customary offense that had occurred, whether a customary offense had indeed occurred or not. If it is known and proven that a customary offense has occurred, then the contents of the victim's demands against the perpetrator will be discussed, hereinafter referred to as customary sanctions.

Hart’s fundamental rule of recognition and normativity of constitutional change in India

ABSTRACT H.L.A. Hart in The Concept of Law describes the ‘fundamental rule of recognition’ which constitutes a legal system. The fundamental rule is held up by the practice of the top officials (executive, legislative, judicial and in some cases, even the armed forces) of a legal system. This practice forms the unwritten constitution, which may or may not map onto the written constitution. Simply put, there is constant jostling between the top officials to maintain an equilibrium with the result that the unwritten constitution can vary over time, while the text of the written constitution remains canonically unchanged. This insight of Hart (and John Gardner) into the real nature of constitutional law can illuminate the relationship between the Supreme Court of India and the other organs of the government. More importantly, it explains when and why the Court, the Executive and the Parliament act as they do.

Rethinking Security Paradigms in the Face of External Backlash: A Case Study in Private Security

Premises security is essential for organizations to function efficiently and effectively. The sanctity of space and its associated perimeter not only signals a boundary for outsiders but also serves as a second home for organizational members. These members cannot meet organizational requirements if they are constantly on guard, protecting themselves and the organization’s property. However, the gradual encroachment of industrial space by squatters, while reflecting uneven economic development, presents significant security challenges, as some inhabitants of informal settlements find pilfering and other petty crimes financially rewarding. The dominant security strategy typically involves armed guards, whose presence may act as a deterrent. However, the death of an intruder or trespasser due to a guard using his firearm has far-reaching implications due to prevailing legal doctrines and stakeholder dynamics. In India, the legal system treats death as a serious matter, out of proportion to the crime of theft, and the socio-political environment echoes this perspective. Such deaths often lead to collective protests from citizens, often in the form of a dharna or a gherao, which not only disrupts the firm’s operations but also poses a challenge to legal and administrative authorities and management. Dispersing the dharna and preventing it from escalating into a violent mob typically requires the management to negotiate compensation with the aggrieved family, alongside a commitment to legal authorities to impose strict restrictions on the use of firearms. The erosion of deterrence following such negotiations renders security guards ineffective. Their response to trespassing and pilfering is reduced to physical confrontation, attempting to evict individuals, which places guards at risk when faced with armed intruders. Our case study illustrates how an organization restored deterrence, and thus the sanctity of its perimeter, by incorporating attack dogs into its security strategy.

FROM THE TRAFFICKERS TO THE OUTSKIRTS: DOMINATION, RESISTANCE AND STRUGGLE

This article examines the subordination of the black population in Brazil from the colonial period to the present day, highlighting the persistence of racist legislation in the Brazilian legal system and the marginalization of Afro-Brazilian voices in literary historiography. Using the interdisciplinary approach of Law and Literature, the research analyzes divergences and convergences in the treatment of Afro-descendants throughout Brazilian history, focusing on the short story A escrava, by Maria Firmina dos Reis. It is argued that Firmina's exclusion from canonical historiographies is a reflection of a political-ideological project rooted in Brazilian Romanticism, whose purpose was to sustain an elitist and Eurocentric national identity. The study concludes by defending the implementation of an anti-racist education, based on Law 10.639/2003, as a way to decolonize knowledge, promoting representation and recognition of Afro-Brazilian contributions in the literary, historical and cultural spheres.

The Concept and Problems of Legal Regulation of Housing Legal Relationship

Introduction: despite the fact that the Housing Code of the Russian Federation defines the housing rights of citizens and names the grounds for their occurrence, there is no consensus in the scientific literature on which rights arising from housing relations regulated by the housing legislation are housing rights and what their legal nature and system are. The paper discusses various definitions of the concept of housing relations. The main problems of the legal regulation of housing relations at the present stage are analyzed. Purpose: to analyze the definition and grounds for the emergence of housing rights and determine their legal nature and system. When writing, the methods of formal logic were used: analysis, synthesis, generalization, comparison, and a systematic approach was applied to the study of the problem of the legal regulation of housing legal relationships. Results: the paper analyzes the problems of legal regulation of objects of housing legal relations. Conclusions: atypicality of housing rights was revealed; the specific features of housing rights were disclosed; problems of legal regulation of housing rights were identified; ways to solve them were proposed.

Exploring the existence of free will: A neuroscientific investigation

Free will, an age-old philosophical concept, is integral to our understanding of human autonomy, ethical responsibility, and the legal system. Its presence or absence fundamentally influences our decisions and the fabric of societal norms. In recent years, the advancement of neuroscience has made re-evaluating free will increasingly important. This paper reviews philosophical perspectives from ancient to modern times, integrates neuroscientific experiments, and analyzes psychological research to comprehensively explore the issue of the existence of free will. It enumerates contemporary mainstream views on the existence of free will, discusses the sources of the sense of free will, and highlights its profound implications for both individual and collective societal structures. The paper finds that current discussions on the existence of free will remain controversial. In the end, it summarizes the findings and provides an outlook on future research. New technologies and further interdisciplinary studies are expected to offer new perspectives and evidence for understanding free will.