Legal System Research Articles

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 Legal Nature of the Institute for Recognition Assets Unfounded and Recover them into State Revenue

The Legal Nature of the Institute for Recognition Assets Unfounded and Recover them into State Revenue

Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state

The article deals with the protection of the rights, freedoms and legitimate interests of a person and a citizen in administrative proceedings under martial law. It is argued that the right to a fair trial is a non-limiting right during certain emergencies. In the conditions of martial law, the implementation of the principle of court accessibility is one of the key factors for society, individual citizens, and for the effective functioning of public authorities and the state in general. It is argued that the right to judicial protection is critically important during war, and its hypothetical restriction could provoke the illegitimacy of the government, civil unrest, and in a broad sense, anarchy and violation of the rule of law. It has been proven that the legal system acts as an invariable mechanism for compliance with the requirements of legality, even in difficult political and legal circumstances due to the continuity of functioning, including administrative proceedings. In the conditions of war, when many democratic forms of public participation in the political process are limited, only administrative justice acts as the mechanism that allows you to oppose this "dominant paradigm” of executive management and is able to resolve public requests, overcome possible dissonances between the government and society, and normalize social relations according to the latest challenges and requests. Therefore, the effective and proper work of the judicial system as a whole, and especially of the administrative judiciary, creates a "platform” for preserving the policy of a democratic, legal state in conditions of martial law. It is also indicated that the role of administrative justice during the war is also valuable in that court decisions strengthen state-authority decisions and form proper law enforcement practice for subjects of power and other subjects. The three most significant problems of the functioning of administrative justice in the conditions of war are singled out: territorial accessibility, security threats and difficulties of a procedural nature. It was determined that electronic governance has become an effective mechanism for countering military threats to the administrative justice system.

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

Legal Certainty In Financial Disputes Case Resolution Progressive Legal Perspective

Pure Legal Theory (The Pure Theory of Law) is a positive legal theory. However, it does not discuss positive Law that applies in a particular legal system; it only discusses general legal theory. Hans Kelsen's presentation of Pure Legal Theory aims to explain the nature of Law and methods of making Law rather than explaining what the Law should be or the best way for Law to be created. This writing uses descriptive legal research, in which the author uses a normative juridical research type using the Library Research data collection method. This research aims to determine how the legal certainty and protection of the parties in mediating the resolution of Sharia financial disputes, a comparison of progressive legal analysis of Hans Kelsen and Satjipto Raharjo's legal theory in resolving Sharia financial disputes. Based on the research and discussion results, a picture is obtained that legal certainty (rechtssicherheit) Legal certainty is the certainty of laws or regulations; all kinds of methods, methods, and so on must be based on laws or regulations. Within legal certainty, there are positive laws and written laws. Normative legal certainty is when a regulation that regulates it clearly and logically is created and promulgated. Progressive Law wants to return the Law to the right track (on the right track). For this reason, Satjipto Rahardjo thinks that legal breakthroughs are needed (legal breakthroughs, not legal breaking) in law formation and enforcement.

Ways to Protect Infringed Rights in the Creation and Distribution of Deepfakes

The article is devoted to the analysis and development of effective ways to protect violated rights in the context of widespread use of dipfakes, which is especially relevant for Ukraine in the context of the Russian-Ukrainian conflict and in the context of globalization of digital communications. The article focuses on the challenges faced by the legal system due to the use of dipfaces to manipulate public opinion, undermine the authority of state institutions and individuals, and the problems of using this technology for commercial purposes. The purpose of the article is to highlight the issue of diphoning in the context of rights violation, and also to propose specific ways to address it, which is a relevant contribution to the development of legal science and practice of rights protection in the digital era. The article applies a comprehensive research approach which combines the analysis of legal acts to identify the existing legislative framework and its adequacy in the context of digital rights, comparative analysis to compare Ukrainian and international experience in regulating digital technologies, and case studies to specify examples of the use of digital rights and their impact on society and individuals. The use of these methods allowed us to analyze the issue in depth, identify key challenges, and propose effective ways to protect violated rights. Particular attention is paid to the analysis of the current state of Ukrainian legislation on digital technologies and information security, and to the identification of gaps that do not allow for effective counteraction to abuses in the field of creation and distribution of digital files. The article aims to identify the key areas of legal reforms necessary to strengthen the protection of individual and collective rights in the context of digital challenges. The study covers international experience and practices of digital space regulation, in particular in countries with developed legal systems in this area, such as the United States, Australia, and Germany. This will allow us to compare and adapt the best international practices to the Ukrainian context.

Effects of geopolitical risk on environmental sustainability and the moderating role of environmental policy stringency

This study investigates the impact of geopolitical risk (GPR) on consumption-based carbon (CCO2) emissions as well as the moderating role of environmental policy stringency (EPS) on the above relationship. Based on data collected from 27 countries from 1990 to 2020, the basic results from the sample of the study indicate that GPR accelerates CCO2 emissions. Quantile regression results reveal that the effect of GPR is more pronounced in countries with higher CCO2 emissions. Moreover, EPS weakens the escalating effect of GPR on CCO2 emissions. The robust test results validate the findings reported in the basic regression model. The heterogeneity test indicates that the impact of GPR on CCO2 emissions is greater in developing countries compared in developed countries. The study also proposes these policy implications based on the findings: (1) countries should ensure a stable political environment, establish a robust legal system and promote energy transition; and (2) the scope of environmental taxes should be expanded where different tax rates should be imposed in order to be useful in reducing CCO2 emissions.

“Are you supposed to be here?”: Formerly incarcerated men of color navigating positions of authority

AbstractThe current study sought to understand the lived experiences of 10 formerly incarcerated Black and Latino men in an apprentice program for physical trainers using directed content analysis. Participants described a variety of microaggressions, including those representing known themes (e.g., assumption of criminality) and new (sub)themes (e.g., borrowed legitimacy). They also described new opportunities afforded to them by virtue of their involvement in the apprentice program and their newly found authority. Results indicate that formerly incarcerated men of color experience daily discrimination and re‐entry challenges that may be destabilizing and contribute to recidivism, thus reinforcing the cycle of mass incarceration. The authors suggest further investment in tertiary interventions to buffer against the harmful effects of microaggressions, as well as further research with a critical race lens and primary interventions aimed at ameliorating the societal conditions that lead men of color to come into contact with the criminal legal system.

Exploring the impact of fintech, human capital, mineral policy, and institutional quality on poverty traps: Evidence from resource-dependent economies

In 80 developing countries from 2005 to 2021, this analysis analyzes how institutional quality, human capital, mineral policy, and Fintech affect poverty traps. We analyze panel data using MMQR to discover subtle relationships. The findings of our study demonstrate that poverty traps are negatively impacted by human capital and institutional quality, highlighting the significance of these factors in terms of economic resilience. On the other hand, natural resources and economic expansion benefit all quantiles, with the most significant impact appearing in lower to medium quantiles due to the influence of agricultural activities and mineral resources. The influence of Financial Technologies (Fintech) on poverty traps abroad is negligible. Based on these findings, specific policies are necessary to enhance human capital, improve legal systems, and ensure sustainable resource extraction and agriculture. To decrease poverty traps and promote sustainable development, the quantitative findings of this study provide policymakers and governments with assistance in formulating measures.

Rights in China: Myths, Abuses, and Politics

This article presents a sociological perspective on understanding rights in China, examining the interplay between multiple myths of rights, rights abuses, and the politics of rights within various social and physical spaces. It highlights competing myths of rights held by the state, ordinary citizens, rights activists, and legal professionals. The article examines how rights abuses contribute to rights consciousness and mobilization across different human rights domains in a repressive political context. By analyzing the politics of rights in interconnected spaces, such as the street, the legal system, the global arena, and cyberspace, it emphasizes the importance of continuous engagement between domestic and overseas actors in shaping China's human rights future. The article encourages social science researchers to thoroughly examine the myths, abuses, and politics of rights before making normative judgments about China's human rights conditions.

Towards Quality Management Procedures in 3D Cadastre

The 3D cadastre presents a modern approach to the development of cadastral information systems, with the role of improving current cadastral systems and overcoming the challenges of a 2D-based approach. Technological advancements, standardization, and scientific research in recent decades have contributed to the development and definition of the 3D cadastre. This positioned the 3D cadastre as an integral part of the future of land administration. However, every country needs to define a solution for itself based on its own legal system and cadastral tradition, while at the same time relying on international standardization and research. Once a 3D cadastral system is developed, it is crucial to ensure the monitoring, evaluation, and maintenance of both the quality of the cadastral data and the system itself throughout its lifecycle. Since 3D cadastres involve geometric data, quality management procedures must address both geometric and alphanumeric data. In this paper, we analyze and present the quality management procedures that should be included during designing, implementing, and maintaining a 3D cadastral system. Some examples based on real cadastral data were used to emphasize the need for improvement in quality management. The presented quality management procedures require further development in order to meet country-specific requirements and to fully support the 3D cadastre information systems.

Justice for Women After Sexual Assault: A Critical Interpretive Synthesis.

Justice after sexual assault is often understood and enacted through the criminal legal system such that the outcomes are binary (i.e., justice is achieved or not achieved). Previous research indicates that survivors have specific wants and needs following an assault in order to experience justice, which may or may not align with current practices. We conducted a critical interpretive synthesis of 5 databases to create a sampling frame of 4,203 records; the final analysis included 81 articles, book chapters, and policy documents. Results indicate that justice is an individualized and dynamic process which may include the experience of voice, connectedness, participating in a process, accountability, and prevention. The experiences of safety and control are central to each of these domains. Survivors may seek and enact these justice domains through several avenues, including the criminal justice and legal systems, restorative justice, medical/mental health spaces, activism, art, and social media. Existing actors within currently available justice systems, including legal, medical, and mental health personnel should encourage survivors to identify and define their own experience of justice, including locating helpful behaviors rooted in safety and control, and resist a binary model of justice. Extant systems should therefore be flexible and accessible to help survivors realize their preferred modes of justice.

A Study on the Dynamic Evolution Paths of Social Risks in PPP Projects of Water Environmental Governance—From the Vulnerability Perspective

The Chinese economy is transitioning from high-speed development to high-quality development, and water environmental governance is a key factor promoting economic transformation. Due to low returns and high investment in China’s water environmental governance, the PPP (public–private-partnership) model is often adopted. However, the PPP model has historically faced challenges adapting to local conditions in China, leading to social risks in the PPP projects of water environmental governance. To reduce these risks, this paper takes a vulnerability perspective, employing the system dynamics simulation method to explore the dynamic evolution process of social risks in the PPP projects of water environmental governance. The main results show the following: (1) the external manifestations of social risks during the construction and operation periods vary significantly, exhibiting notable fluctuations; (2) during the construction period, there is a surge in social risks followed by a returns to lower than normal levels, then a gradual upward trend; during the operation period, social risks initially decrease to a lower level before gradually increasing; and (3) city class, relevant legal systems, and resource reserves emerge as critical factors influencing vulnerability and social risks. The higher the city class, the lower the project vulnerability; the soundness of the legal system for PPP projects can effectively reduce vulnerability and social risks; sufficient resource reserves can reduce social risks. Based on the above findings, this paper proposes several suggestions aiming to reduce the vulnerability and social risks in PPP projects, optimize the process of water environmental governance, and further promote the sustainable development of water environmental governance and the high-quality economy of China.

Lawfare – Hostile Actions Against the Legal System of the State Through Activities in Cyberspace

Lawfare – Hostile Actions Against the Legal System of the State Through Activities in Cyberspace

Debt on the Ground: The Scholarly Discourse of Bankruptcy and Financial Precarity

A rich literature uses law and social science methods to better understand household financial distress and overindebtedness both inside and outside of bankruptcy. This scholarship contributes to several ongoing scholarly conversations, such as those on income and wealth disparities across race and class, how people live in circumstances of financial precarity, why people turn to the legal system to solve their problems, and how to improve access to justice so people can get the help they need. We first review the current literature about who files bankruptcy, the contributors to people's need to file bankruptcy, what happens to them in bankruptcy court, and what happens after their bankruptcy cases conclude. We then outline a research agenda of low-hanging fruit that will contribute to broader sociological and sociolegal research agendas, including economic mobility, aging, gender studies, health studies, family studies, social psychology, and policy work.

From the Recognition of ‘Psychiatric Disorder Caused by Asbestos Exposure’ to the Mobilisation of Dignity in Labour Law: A Comparison of France and Sweden

Abstract In two rulings on 8 February 2023, the French Court of Cassation invoked the notion of ‘dignity’ in labour law to support claims for ‘damage due to anxiety’ (‘préjudice d’anxiété’). The concept of ‘damage due to anxiety’, which might in English be translated more functionally as ‘psychiatric disorder caused by asbestos exposure’, is based on loss arising from the fear of developing a future disease due to occupational exposure to a toxic and hazardous substance, such as asbestos. Based on a reading of these two cases, the aim of this article is to analyse the approach developed in the French legal system, and to discuss it from the standpoint of Swedish law. The concept of ‘psychiatric disorder caused by asbestos exposure’ is not currently recognised in Swedish law. However, the idea that physical work environment factors can cause psychological injury is not entirely unfamiliar. It touches upon the ideas of a holistic approach to the work environment and a broad and inclusive concept of health and illness, which are important foundations for Swedish work environment law. By studying this specific occupational health and safety issue it is possible to illuminate not only how this topical and important issue is regulated in France and Sweden, but also on a broader level how these two legal systems—the French one based on the individual responsibility of the employer and the Swedish one on collective bargaining—are functioning when it comes to systems of prevention of and compensation for ill health.

Comparative nomogenetics: revisiting Wigmore’s oriental(ist) encounter and the taxonomy of his approach to global legal history

John Henry Wigmore’s life experience as a Westerniser teaching Anglo-American Law in Japan from 1889 to 1892 is an example of legal orientalism. Engaging in the historical study of Japanese law despite diverging cultural paradigms between East and West paradoxically revealed striking similarities leading to the publication of the Materials for Study of Private Law in Old Japan in 1892. More than three decades after his return from Tokyo sparking a lasting fascination for foreign and comparative law, Wigmore published in 1928 A Panorama of the World’s Legal Systems. This case study offers insights on the relationship between legal history and comparative law that these publications respectively represent. The imprecise classification of A Panorama at a time when comparative law was at its infancy stage requires identifying a relevant taxonomy. Wigmore’s legacy is revisited with a focus on both its historical and comparative dimensions.

Regulation and organization of the lawyer profession in Romania in accordance with the provisions of Law no. 51/1995

The legal system in Romania is based on the principle of the rule of law, which ensures equality before the law and the protection of individual rights. Within this system, the lawyer plays an essential role in providing legal services and guaranteeing a fair and just trial for all citizens, representing and defending the rights of his clients before the courts and in other legal proceedings. Through their legal expertise and commitment to justice, lawyers are fundamental pillars of the legal system and help maintain its balance and integrity.

The “Boundary” of Technology, Culture, and Digitalization

Human beings use various techniques to change their mode of production and lifeworld. However, modern technology is becoming increasingly self-oriented and is threatening human subjectivity. The digital revolution, with its unprecedented “surpassing” capability, breaks through various boundaries of human social life and, in reality, increasingly escapes from human control. The digital mode of thinking involves both formality and power. When social beings and humanities become products and commodities, and when “artificial humans” such as electronic humans, robots, intelligent humans, and genetic humans can be mass-produced, “natural humans” seem to disappear. The social organizations, lifestyles, ethics, and legal systems that are composed and created by natural beings can no longer be maintained. If humans have always dreamed of enhancing their potential by integrating technology science with social ethics and humanistic values, the building of digital ethics and digital cultural values then becomes a must. And the basis for all of these is to acknowledge and maintain some basic boundaries. The most important one is the boundary between human nature/self and “non-human”—the boundary between human beings and the external world. If human nature resists digitalization, humans will never be “assimilated” by technology. The survival of human beings and the continuation of civilization require a balance among technology, digitalization, humanity, and ethics to secure human subjectivity over technocracy.