Legal Texts Research Articles

LINGUISTIC ERRORS IN LEGAL TEXTS

The language of the law encompasses lexical, syntactic, and stylistic elements that shape the text of a law or other normative legal act. Requirements for the language of the law are considered during the drafting of a bill. However, in the process of legislative work, complete elimination of linguistic errors from the text is not always achievable. Such errors often include lexical and stylistic inaccuracies. The subject of the article is certain legal texts analyzed from a linguistic standpoint as part of fundamental and applied research on the topic "Monitoring Compliance with Content and Style Requirements in the Laws of the Republic of Kazakhstan." The relevance of the article lies in identifying and rectifying errors in the text of current legislation, determining gaps that lead to a distortion of the meaning of the main legal norms, and exploring ways to prevent such distortions. The author presents specific examples of typical linguistic errors of lexical, grammatical, and stylistic nature, as well as others found in the texts of current legislation. An analysis is conducted of regulatory proposals and legal norms to assess their conformity with the norms and rules of modern Kazakh literary language. While examining the texts of current laws, the author believes it is necessary to conduct comprehensive monitoring of current legislation to ensure high-quality content of legal acts; to develop a compendium of rules for the use of legal terminology to standardize terms; to create conditions for the development of research on legal technology across various legal domains; and to introduce into the educational process of universities the study of relevant legal and linguistic disciplines such as "Language and Law" and "Legislative Technique" in the form of courses or specialized courses.

Kajian Yuridis Perlindungan Konsumen Dalam Praktik Fintech (Financial Technology) Ilegal

In the era of globalization, financial technology (fintech) has enabled society to access financial services quickly and efficiently. However, the emergence of illegal Fintech presents risks to consumers, such as financial losses and privacy breaches. Legal protection for victims of illegal fintech practices is important to ensure the safety and rights of consumers. This study aims to identify the legal consequences of illegal P2PL Fintech and evaluate legal protection for victims in the context of the case study Decision Number 3115 K/PDT/2021. The study uses a normative juridical method by analyzing relevant legal texts, such as laws, regulations, and court decisions. The results show that the legal consequences of illegal Fintech include law enforcement actions, compensation for victims, regulatory prevention efforts, and improved consumer protection. Victims of illegal Fintech practices receive legal protection from existing regulations and law enforcement. Court decisions, such as Decision Study Number 3115 K/PDT/2021, serve as important legal precedents in addressing these illegal practices. Thus, this research provides a better understanding of consumer protection in illegal fintech practices and emphasizes the importance of strict regulations and effective law enforcement in maintaining the integrity of the fintech industry and public trust.

Karl von Richthofen’s Altfriesisches Wörterbuch (1840): A Milestone in Germanic Lexicography

Abstract Karl von Richthofen’s voluminous Altfriesisches Wörterbuch was published in 1840, when the author was only 29 years old. It marked a major achievement in the field of Old Frisian studies and well beyond that discipline. This article introduces the author, his study at the universities of Berlin and Göttingen and how the dictionary evolved from what was originally intended to be a subject index to accompany his critical and comparative edition of all the then known legal texts pertaining to medieval Frisia, Friesische Rechtsquellen (1840). Much information about the genesis of the dictionary can be extracted from the intense discussion which Richthofen in numerous entries entertains with contemporary scholars. The article furthermore presents an analysis of the dictionary’s macro- and micro-structure and finally discusses how this highly innovative dictionary was received upon publication.

LINGUISTIC ERRORS IN LEGAL TEXTSNurkiz Arysbekovna Nurbayeva

The language of the law encompasses lexical, syntactic, and stylistic elements that shape the text of a law or other normative legal act. Requirements for the language of the law are considered during the drafting of a bill. However, in the process of legislative work, complete elimination of linguistic errors from the text is not always achievable. Such errors often include lexical and stylistic inaccuracies. The subject of the article is certain legal texts analyzed from a linguistic standpoint as part of fundamental and applied research on the topic "Monitoring Compliance with Content and Style Requirements in the Laws of the Republic of Kazakhstan." The relevance of the article lies in identifying and rectifying errors in the text of current legislation, determining gaps that lead to a distortion of the meaning of the main legal norms, and exploring ways to prevent such distortions. The author presents specific examples of typical linguistic errors of lexical, grammatical, and stylistic nature, as well as others found in the texts of current legislation. An analysis is conducted of regulatory proposals and legal norms to assess their conformity with the norms and rules of modern Kazakh literary language. While examining the texts of current laws, the author believes it is necessary to conduct comprehensive monitoring of current legislation to ensure high-quality content of legal acts; to develop a compendium of rules for the use of legal terminology to standardize terms; to create conditions for the development of research on legal technology across various legal domains; and to introduce into the educational process of universities the study of relevant legal and linguistic disciplines such as "Language and Law" and "Legislative Technique" in the form of courses or specialized courses.

Wide variations in Medieval French unambiguous V2 configurations are due to register

Abstract Quantitative studies of V2 in Medieval French have produced diverging results with respect to the rate of use of V2 and the informational value of the initial XP. These divergences are hypothesized to relate to the register of investigated texts. The hypothesis is verified by the systematic analysis of unambiguous V2 (with an expressed post-verbal subject) with respect to rates of use and informational value of XPs in three register-differentiated Anglo-Norman prose legal texts from the 1260–1300 period. On rates, unambiguous V2 is three times more frequent in the most formal, legal treatise text than it is in the less formal, court dialogues. On informational value, indications are provided that the XP tends to have a Focus value more often in more formal texts. Register thus impacts the behavior of unambiguous V2 configurations in Medieval French; using data less remote from the primary competence of speakers helps in approaching the effective curve of change.

ANALISIS SIFAT MELAWAN HUKUM FORMIL TERHADAP PELAKU TINDAK PIDANA KORUPSI BERDASARKAN PASAL 2 DAN PASAL 3 UNDANG-UNDANG NOMOR 20 TAHUN 2001

Corruption is an urgent problem that must be addressed immediately in order to achieve healthy economic growth. Various records show an increase and development of corruption models that occur. The legal enforcement mechanism for criminal acts of corruption is something that must be paid attention to because it ensures its implementation is correct, fair, there is no arbitrariness and no abuse of power. The focus of discussion in this research is the concept of the nature of being against formal law in criminal acts of corruption in Indonesia, and the existence of the nature of being against formal law in criminal acts of corruption at this time. This research uses a normative juridical approach, namely by analyzing library materials or secondary data consisting of legal texts, court decisions, official documents and other legal literature. This research concludes that the concept of the nature of being against formal law in articles 2 and 3 of Law Number 20 of 2001 concerning criminal acts of corruption in Indonesia is if the act violates social norms, norms of decency or ethics, moral norms and has violated propriety. prudence and necessity adhered to in person-to-person relationships in society. After the Constitutional Court decision Number: 25/PPU-XIV/2016, formal offenses were changed to material offenses. The deletion of the word "can" from the formulation of the two norms of Article 2 paragraph (1) and Article 3 of the PTPK Law, requires that the element of state loss must be proven first to determine someone as a suspect so that it will provide legal certainty in the law enforcement process in the field of criminal acts of corruption in Indonesia. Keywords: Corruption, Unlawful Characteristics, State Financial Losses

A Review of Criminal Law on The Phenomenon of Teenage Illegal Sprint Racing during Ramadan

Illegal sprint racing is a prominent type of adolescent delinquency in Indonesia, especially during Ramadan. This occurrence not only undermines public order but also violates various applicable laws. This study employs a normative legal approach, with a focus on legal principles, to identify positive legal doctrines relevant to the phenomenon of illegal sprint racing. A case study approach is used to investigate various aspects of the phenomenon using primary legal texts such as the Law on Roads, the Law on Road Traffic and Transport, and the Law on Policing. The investigation found that illicit sprint racing without appropriate license is a severe violation of the law. The findings demonstrate the critical role that law enforcement plays in preserving community welfare, security, and order in locations that are frequently the scene of illicit sprint racing. Repressive law enforcement, more frequent patrols, and raising community understanding of the law are all effective ways to address this issue. The goal of socializing legal awareness is to increase community knowledge of relevant laws and regulations, and routine patrols are carried out to stop and identify illegal activity before it gets a chance to start. Repressive law enforcement makes it clear to offenders that their actions will not be accepted.

Способы изложения норм права в статьях нормативных актов: проблемы теории

Purpose. Сlarification of the classification of ways of presenting the norms of law in articles of normative acts traditionally used in the domestic theory of state and law. Some points in the description of the ways of presenting legal norms, which have become textbook and are reflected in any textbook of the theory of state and law, do not fully correspond to real law-making practice and in this regard are far from being as indisputable as they seem at first glance. Methods: general scientific methods (description, analysis, synthesis, induction), private scientific methods of cognition of legal phenomena (legal-dogmatic method, method of analysis of normative legal texts). Results. The idea of the existence of only three ways of presenting legal norms in articles of normative legal acts is limited. From the point of view of techniques and means of textual presentation of the content of legal norms, there are direct, reference, blank, implicit and combined methods. The reality of the existence of these methods is confirmed by an analysis of current Russian legislation. Discussion. The article substantiates the idea that concretizes and develops the idea that has developed in legal science about the relationship between a legal norm and an article of a normative legal act. The conclusions drawn by the author are significant for improving the means and techniques of law-making techniques.

Konstitusi dan Implikasi UUD 1945 dalam Era Modern

Constitution comes from the English Contitution, or the Dutch Contitute, which means basic law. The meaning of constitution in constitutional practice can generally mean that first it is broader than basic law because the meaning of basic law only includes written constitutions in cases still there is an unwritten constitution that is not included in the constitution. Both have the same meaning as the constitution because they only contain written rules. The role of the constitution and the 1945 Constitution in the context of the modern era. The constitution is a document that regulates the structure of government, individual rights, and the relationship between the government and the people. The 1945 Constitution as the Indonesian constitution has a long history and has undergone various changes in adapting to current developments. This article will also discuss the implications of the 1945 Constitution in facing modern challenges such as technology, human rights and globalization. Constitutional research methodology involves a multidisciplinary approach that combines legal, historical, and sociopolitical perspectives. This approach allows for a comprehensive understanding of constitutional principles and their implications in modern times. The study of constitutional law often involves analysis of legal texts, historical context, legal interpretation, and social impact to gain a holistic view of constitutional provisions and their application.

Lupus, der (un)bekannte Verfasser des Liber legum

Summary In medieval studies, the “Liber legum of Lupus of Ferrières” has long been a firmly associated pair of terms, although the identity of the author is by no means certain and has been repeatedly called into doubt. The paper reconstructs how this opinion has prevailed, and critically examines the arguments put forward in favor of it. Given the paucity of reliable evidence, adherence to the hypothesis seems to be due primarily to the appeal of combining a well-known work with a famous name. Since the sources used for the Liber legum as well as its manuscript tradition clearly point to Italy, it seems most likely that Lupus was an Italian collector of legal texts, who had a personal relationship with the patron of the work, Margrave Eberhard of Friuli.

The Peculiarity of Civil Liability for Errors of Artificial Intelligence in the Banking Sector under Omani Legislation

Objective: This study aims to highlight the issues of civil liability resulting from errors in AI banking applications. To date, there is ambiguity about whether it is possible to grant virtual legal personality to AI systems. Methodology: The researcher used the analytical method to understand the mechanisms of AI applied in banking operations, assess the effectiveness of these applications, and analyze the legal texts. Additionally, the inductive method was employed to fit the uses of AI in the banking sector. Results: The main findings of the study can be summarized as follows: The possibility of assigning civil liability to AI entities for errors they commit is applicable only in one case, which is when the AI banking system is the tool causing the damage. Conclusion: The study concludes that there is a need to amend certain legal texts in the Transactions Law. The study suggests that the Omani Civil Transactions Law of 2013 should be updated to align with the nature of AI in banking. This includes developing general legal rules related to the responsibility of employers for the actions of their employees and the custody of objects, ensuring they fit the specific errors of AI in banking. The study also provides some recommendations and proposals regarding the particularities of civil liability in the field of AI banking.

Kalt: generating adversarial explainable chinese legal texts

Kalt: generating adversarial explainable chinese legal texts

The potential impact of intralingual translation of Persian everyday legal texts on average citizens

ABSTRACT The everyday life of citizens involves dealing with legal documents. In Iran, the special features of Persian legal language make this particularly challenging and time-consuming. The study presented in this article investigates the effectiveness of intralingual translation in simplifying Persian legal language, to (a) reduce the time required to read, (b) increase understanding and (c) increase confidence in signing legal documents. Three prevalent Persian legal texts were selected and an intralingual translation of the texts was carried out. Then, a questionnaire was designed, piloted and administered to a sample of 20 participants, to determine the time needed to read and understand the three texts and their intralingual translations, as well as their confidence to sign the documents. To control the variable of repeated reading, a control group of 20 participants was asked to read the original twice, without reading the simplified version. The findings support the hypothesis that intralingual translations of legal texts used by citizens in their daily life reduces the time required to read and understand them and increases the degree of confidence to sign them. This study encourages the use of intralingual translations to simplify legal texts for the benefit of regular citizens.

OBLIGATIONS RELATED TO THE APPLICATION OF A PREVENTIVE MEASURE IN THE FORM OF BAIL: PROBLEMS OF IMPLEMENTATION IN THE CONTEXT OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

The purpose of the article is to identify the problems in the fulfilment of the obligations related to bail as a preventive measure based on the approaches formulated in the case law of the European Court of Human Rights, as well as to offer recommendations on how to resolve them. Methods. The general philosophical basis of the study was formed by axiological and hermeneutical approaches. In particular, the first one allowed to carry out a value analysis of the fundamental human right to liberty and to assess the impact of the amount of bail to provide an effective alternative for the restriction of this right. Meanwhile, the second made it possible to apply an in-depth study and interpretation of the legal texts of the European Court of Human Rights judgments and the national legislation. When building the system of recommendations, we used the systemic and structural method, as well as the logical research method and the method of legal modelling with. Results and conclusions. The analysis of the legal positions of the ECtHR made it possible to conditionally single out the following standards and recommendations for national judges for ensuring the legality and reasonableness of the determination the amount of bail in criminal proceedings: 1) the main purpose of bail is to ensure the appearance of a person, not to punish him or her or to create conditions for compensation for the damage caused by a criminal offence; 2) the accuracy in determining the amount of bail as an alternative to possible keeping in custody should be equal to the thoroughness in justifying the continued keeping of a person in custody; 3) if the bail is provided by the suspect/accused, the key thing to consider when determining the optimal amount of bail is his/her assets (property status) and solvency. However, if the bail is provided by another person (the bail bondsman), the relationship between the bail bondsman and the suspect/accused should be taken into account to determine the effective bail amount; 4) the extent of the damage caused by the criminal offence may be taken into account as an exception when determining the bail amount - but this cannot be applied as a general rule due to the different purpose of the bail; 5) a suspect/accused person who is being considered the possibility of being granted bail must provide the court with information that may be necessary to adequately determine the amount of potential bail and be verified for this aim; 6) the amount of bail must be substantiated in the decision of the investigating judge or court, which will serve as an important guarantee of preventing arbitrariness; 7) failure of a person to fulfil the obligation to provide bail after it has been set may be a sign that the amount of bail is excessive and disproportionate for the suspect/accused.

Financial Oversight of The Implementation of The Annual Sub -Budget Appropriations for Iraqi Diplomatic Missions and Representations

The importance of the study lied in two aspects, one scientific and the other practical. In the scientific aspect, the researched worked to enrich scientific research in the field of financial control over the activity of Iraqi diplomatic missions and representations, and raising the subject of studying diplomatic missions and representations in its various aspects. As for the practical aspect, the study addressed the various aspects of financial control over the implementation of financial control over the annual subsidiary budget of Iraqi diplomatic missions and representations, the responsibilities of the supervisory bodies to uncover financial violations, and the role of the administrative bodies concerned with holding accountable those who exceed financial allocations and deterring them. The study aimed to clarify the mechanisms by which financial control is carried out on the implementation of the annual sub-budget appropriations of the Iraqi diplomatic missions and representations, to avoid serious financial deviations and violations that lead to obstructing the work of the diplomatic missions and representations from performing their role in a manner consistent with the tasks and duties entrusted to them, and to attempt to alert the competent authorities responsible for diplomatic activity to the importance of financial control, and to grant broader powers and authorities to the oversight bodies to improve the effectiveness and performance of the Iraqi diplomatic missions and representations. The problem of the study was represented in the multiplicity of oversight bodies on the implementation of the annual sub-budget appropriations of the Iraqi diplomatic missions and representations, represented by parliamentary oversight and the oversight of the independent bodies, in addition to the oversight of the Audit and Internal Oversight Department in the Ministry of Foreign Affairs. The multiplicity of oversight bodies leads to an overlap in the oversight powers of these bodies, which negatively affects the implementation of the annual sub-budget appropriations of the Iraqi diplomatic missions and representations. The scientific methodology that the researcher relied on to complete this study is the analytical method, which aimed to analyze the legal texts issued to organize the mechanisms of disposing of public funds and methods of monitoring them, supported by analyzing the correspondence of the Iraqi Ministry of Foreign Affairs to diplomatic missions and representations to complete the benefit. The researcher decided to divide it into two sections, and allocated the first section to the concept of financial control, which included defining financial control and explaining its importance and the objectives sought from practicing it, while in the second section , this study addressed the types of financial control, which included the types of control in terms of their connection to work and purpose, the types of control in terms of the subject, the types of control in terms of the party that practices it, and the types of control in terms of the time of its practice.

NLP-Based Rule Learning from Legal Text for Question Answering

NLP-Based Rule Learning from Legal Text for Question Answering

A comparative analysis of risk prevention policy tools and governance structures in Normandy (France) and Victoria (Australia): Assessing policies for high-risk sites

High-risk industrial sites are classified as the most dangerous sites for their risk of inducing damage in case of an accident, even if it is rare. Risk policies are one way to prevent damage while balancing other trade-offs. How can public authorities assess “risk policy systems” of high-risk sites in specific administrative regimes for an effective decision process taking into consideration different jurisdictions? This paper investigates the Normandy and Victorian risk policy system in France and Australia, respectively, based on qualitative approaches. By investigating two cases and fostering conceptual thinking, two assessment criteria are highlighted by different stakeholders to determine an effective risk policy. For instance, beyond the common focus on the efficiency and efficacy of risk policies, findings revealed the importance of “dialogue, participation, and cooperation” between actors and “adaptivity, flexibility, relevance, and coherence” of different tools and legal texts. Limitations and further work include testing and iterating on other assessment criteria to propose an adapted assessment framework for high-risk policies.

«Impressions of a jurer» by G.S.N. as a source for studying the Russian jury trial of the late XIXth century

The document Impressions of a Juror is analyzed as a personal account of an anonymous author, G.S.N., who recounted his experiences as a juror in legal proceedings in the Russian Empire in the late 19th century. Both external and internal criticism of the source is conducted, facilitating the establishment of the approximate place, time, and purpose of its creation. Furthemore, the socio-psychological portrait of the author is reconstructed, considering aspects such as social affiliation, level of education, place of residence, and certain psychological characteristics. The analysis acknowledges the uniqueness of Impressions of a Juror, which not being a part of mainstream historical sources, remain a distinctive work. On the other hand, it shares characteristics inherent in other personal documents from jurors of the Russian Empire in the second half of the 19th century, particularly regarding its general character, presentation style, and the scope of covered issues. It is noted that the factual value of the source under consideration is limited, as it does not allow for the comprehensive reconstruction of the judiciary and legal proceedings in the Russian Empire, nor does it facilitate a complete understanding of the criminal cases under consideration. Despite these limitations, the conclusion is drawn that Impressions of a Juror holds cognitive value due to its provision of information not found in other historical sources. The document offers details that breathe like into the specifics that were previously only studied on the basis on normative legal texts, and official statistics. Thus while the source may not provide an all-encompassing view of the legal landscate of the Russian Empire, it contributes a unique perspective that enriches the understanding of historical proceedings.

Supervisory bodies in the systems of power in Russia and certain foreign countries: Comparative analysis

The significance of law enforcement cannot be understated in any state, and diverse models and traditions of law enforcement have evolved within different legal sustems. The status of the Procuracy in the Russian Empire, the Soviet Union and modern Russia, has been consistently characterized by its own independent power for supervising legality, including the actions of government officials. This contrasts with the European and Anglo-American legal systems where the concept of “general supervision” is not present and prosecutors do not possess equivalent powers. In the socialist model of China, an independent system of supervisory bodies has been established separately from the procurator’s office to oversee the activities of government officials. Each model exhibits distinct ontological, structural and organizational features, and a comparative analysis of their accumulated experiences facilitates the identification of their respective advantages and disadvantages, underscoring the relevance of this study. The research aimes to identify and analyze the commonalities and differences among four organizational models for ensuring the rule of law. Notably, the empirical basis for comparing supervisory authorities emphasises the state superiority function, irrespective of the body responsible for its execution (functional approach), rather than external similarities such as the name "prosecutor's office" or "prosecutor". The study draws from authentic legal texts, regulations, authoritative doctrinal commentaries, relevant judicial practices, and official interpretations of foreign legislation. The outcomes of the research lead to informed conclusions regarding the distinctiveness of the Russian model of the Procuracy, which incorporates several advantages from each foreign model, complements them with its own features and is thus capable of embracing positive experiences, regardless of their origins, to effectively filfill its mission.

PECULIARITIES OF THE INFLUENCE OF ECONOMIC SCIENCES ON THE FORMATION OF ADMINISTRATIVE AND LEGAL NOMENCLATURE

The article is devoted to determining the peculiarities of the influence of economic sciences on the formation of the nomenclature of administrative law. It is found out that the nomenclature of modern administrative law develops under the influence of the results of other sciences and researches, among which the economic sciences take the first place. It has been established that the specialist literature does not consider the general tendencies of development of the nomenclature of administrative law under the influence of economic sciences. At the same time, administrative legislation always uses economic concepts in the texts of normative legal acts, otherwise it is impossible, firstly, to determine the scope of competence of the relevant authority and, secondly, to clarify the peculiarities of its functioning in the specific sphere of economic relations. It has been shown that in the last thirty years, in the nomenclature of administrative law: 1) some categories have remained unchanged; 2) some concepts have lost the status of categories and ceased to be used in scientific circulation; 3) new categories have appeared; 4) economic categories have become widely used. Thus, at the present stage of development of administrative law, economic sciences have a significant influence on the formation of its nomenclature. This process is characterised by the following positive results: 1) administrative law regulation and public administration in the economy take into account the achievements of economic sciences in order to increase the efficiency in the relevant field of both administrative law norms and the activities of public administration bodies; 2) the maximum satisfaction of economic interests and the exercise of economic rights of human beings in administrative law relations; 3) a real implementation of the human-centred concept in the relations between public administration bodies and private persons when it comes to the provision of public services in the field of economic activity; 4) a harmony between the achievements of economic sciences and administrative law sciences, which complement each other in a certain way.