Legal Transformation Research Articles

Worship Rights and Gender Parity: Analyzing the Sabarimala Issue in India

This research paper critically examines the complex interplay between the right to worship and gender parity, with a specific focus on the Sabarimala issue in India. The study investigates the dual aspects of Sabarimala, considering it both as a sacred tradition and a locus of constitutional rights. Through an analysis of the historical and cultural foundations of the Sabarimala pilgrimage, the research explores the tension between religious customs and the constitutional imperative of gender equality. The judicial pronouncement, particularly the Supreme Court's verdict allowing the entry of women of all ages, is scrutinized to understand its implications on the broader discourse of religious rights and gender justice. Additionally, the paper investigates the post-judgment scenario in Kerala, examining how the legal transformation has affected societal attitudes, religious practices, and the overall dynamics at the pilgrimage site. By navigating the intricate web of tradition, constitutional principles, and post-judgment realities, this research contributes nuanced insights to the ongoing global dialogue on worship rights and gender parity.

CONSTITUTIONAL AND LEGAL CONSOLIDATION OF NATIONAL OBJECTIVES AND PRIORITIES IN THE SOCIAL POLICY OF THE RUSSIAN FEDERATION

The purpose of the study is to identify the interdependency between the constitutional reform and changes in social institutions and to propose directions for the development of new constitutional provisions in the legislation of the Russian Federation. Materials and methods. The methodological instrumentarium is chosen taking into account the specific goals of the work. The dialectical-materialistic method of cognition made it possible to study the subject in development, in interrelation of all its individual manifestations and in interaction with related phenomena, to substantiate the advantages and disadvantages of various approaches to solving this issue. The methods of formal logic: description, comparison, analysis and synthesis made it possible to reveal and characterize in detail the legal, moral, ethical and other aspects of constitutional and legal transformations. The use of specific scientific methods of cognition: comparative legal, formal legal, statistical, structural and functional – made it possible to explore the problem under consideration in interrelations and interdependence, to identify certain trends, to make generalizations and conclusions. Study results. The relevance of the research topic is determined by the need to legally consolidate traditional Russian values and worldview guidelines, to preserve and pass the Russian civilizational code for future generations in conditions of a changing world order and defending the idea of a multipolar world. The Constitution of the Russian Federation, as amended in 2020, became the result of transformations in social institutions and the program for the development of the Russian society and the state for the future. The constitutional doctrine is evaluated in retrospect, the prerequisites for the 2020 constitutional reform are assessed, and its first results are analyzed. New constitutional and legal norms and their development in the legislation of the Russian Federation are analyzed, comparative legal characteristics of individual constitutional and legal novelties are given, and their importance in the system of constitutional and legal regulation of public relations is substantiated. Conclusions. The author comes to the conclusion about the public demand for the constitutional consolidation of institutional changes that have taken place and consolidated in the Russian society in the last three decades of constitutional development.

Pelaksanaan Yurisprudensi Hukum Waris Adat Masyarakat di Indonesia

Inheritance law contains regulations that include the need to understand the dynamics and challenges in the property inheritance system, involving legal, cultural and social aspects. Jurisprudence reflects efforts to maintain a balance between local wisdom, justice and legal certainty in the inheritance of traditional property. This research uses a normative juridical method with a case approach, analyzing court decisions that have permanent legal force. Although the patrilineal customary inheritance system still applies in several regions of Indonesia, the view that customary inheritance law is irrelevant reflects the complexity of social and legal transformation. Although there are arguments that customary inheritance law does not always comply with justice and changing times, some judges in Indonesia still use jurisprudence or other inheritance laws in their decisions.

Implications of the Law of Religious Moderation on Interfaith Marriages

This research examines the implications of religious moderation on interfaith marriages in the city of Manado. The method used is qualitative with a case study approach; data collection is through observation, interviews, and documentation, which is then processed using the triangulation method. The findings show that religious moderation indirectly influences the sustainability of interfaith marriages in Manado. The implications are realized in the form of religious moderation, which aims to eliminate or minimize violence in the name of religion and uphold diversity through upholding the values of tolerance, thereby increasing guarantees for the continuity of interfaith marriages. These implications become more complex than the laws governing interfaith marriages, especially the Marriage Law (UU Number 16 of 2019) and the Compilation of Islamic Law (KHI). The implications of religious moderation in interfaith marriages underscore the need for legal transformation that recognizes religious diversity as a social asset, encourages interreligious dialogue, and ensures that legal regulations do not hinder individual religious freedom. Encouraging policy reforms that respect differences in beliefs is crucial in creating inclusive spaces and respecting human rights in interfaith marriages.

Legal transformation of corporate governance in joint-stock companies

The article is devoted to the study of certain novelties in the legal regulation of the order of interaction of management bodies in joint-stock companies. The article emphasizes that choosing the optimal model of corporate governance is important for the effective functioning of joint­stock companies. The article provides examples of various well-known models of corporate governance in the world. Each of them has its advantages and disadvantages. The article emphasizes the fact that for a long time in Ukraine, legislation provided for only a two-level system of corporate governance, which provided for the simultaneous functioning of the supervisory board and the executive body (board or director). In an effort to become a member of the European Union, Ukraine undertook to adapt its national legislation to legal standards acceptable in the EU, in particular in the area of corporate governance. Therefore, in 2023, the new Law of Ukraine "On Joint-Stock Companies” entered into force, the provisions of which, in particular, established, along with the two-level model of corporate governance, an alternative option - a one-level model. This model, in contrast to the two-level model, provides for the creation of a board of directors as a single body of operational management of a joint-stock company, which combines both the representative functions of shareholders and the functions inherent in the executive body of a joint-stock company
 The article examines the provisions of the Law of Ukraine "On Joint Stock Companies”, which provide for the legal status of the board of directors. The conditions and procedure for the formation of the board of directors were analyzed, and the specifics of the activity of this management body were determined. At the same time, when examining the legal status of the supervisory board, attention was drawn to the identity of the provisions of the current Law of Ukraine "On Joint Stock Companies” with the provisions of the previous law, which has already lost its validity.
 The conclusions emphasize that the Law of Ukraine "On Joint-Stock Companies” adopted in 2022 significantly changed corporate governance in terms of the introduction of an additional one- level model of corporate governance, thereby bringing the norms of national legislation closer to EU standards.

Legal transformation of the content and forms of education under the pressure of the COVID-19 Pandemic

The main objective of the article was to study the characteristics of the legal transformation of the contents and forms of education under the pressure of the COVID-19 pandemic. The research methodology was based on the dialectical, systemic and institutional approach. Legal provision and public policy in the field of education and science play a decisive role in ensuring the development of human capital and, at the same time, the achievement of economic benefits through stable economic growth, social and individual well-being, future prosperity and quality of life, all of which have an impact on legal awareness. It is concluded that achieving these objectives requires policy initiatives, long-term investments and effective management decisions, especially in the face of the effects of COVID-19. As a result of the study, the main characteristics and mechanisms of the phenomenon of legal transformation of the contents and forms of education under the pressure of the COVID-19 pandemic were investigated.

Legal transformations of the concept and essential features of personal non-property rights in conditions of digitalization

The article examines the legal transformations of the concept and essential features of personal non­property rights in the conditions of digitalization. The main problems highlighted regarding the need to improve the regulation of personal non-property rights during the recodification of the Central Committee of Ukraine are taken into account. The main theoretical concepts regarding the understanding of the concept and legal nature of personal non-property rights are highlighted. It is substantiated that in the conditions of the development of digitalization, a combination of universal and reformist theory is expedient, deprives civil law and regulates and protects all features of non-property rights, including those that are not related to property, and in the aspect of digitalization acquires an important meaning. reform of legal regulation and protection of personal non-property rights contained in the digital space.
 Different approaches of scientists to understanding the key features of non-property rights are analyzed. It has been established that the key feature of personal non-property law is their close connection with intangible goods, which should be understood as those phenomena and values that are useful for any participant in civil relations, satisfy his needs and have no economic meaning. The next important feature of personal non-property rights is their pronounced personal character, which ensures a close connection with a person who enters into civil legal relations regarding a certain intangible good, through which he satisfies a certain need. Such a feature of personal non-property rights as their inseparability is closely related to personal character. The next special feature of personal non-property rights is defined in Part 1 of Art. 2 Art. 269 of the Civil Code of Ukraine, - the economic content is published. The sign of the proposal is indicated, that even if the participants of civil legal relations try to somehow evaluate an intangible good, it is difficult to say about its value or a clear monetary equivalent.
 It is emphasized that the personal non-property right is absolute, which ensures the inviolability of the right and the duty of each participant in civil legal relations to refrain from violating such a right. A special feature of personal non-property rights is their inexhaustibility. The legal nature of personal non-property rights, their non-economic content leads to the impossibility of their exhaustion, and even globalization processes, digitalization, increased need for digital security and transformation of methods of protection of personal non-property rights cannot change their inexhaustibility.

Liberal democracies and asylum: legal transformation and implementation challenges

Over the last 30 years, liberal democracies of the Global North have increasingly restricted access to their in-country asylum systems shifting many asylum and migration practices extraterritorially and prompting concern about the status of the universal human right to seek asylum. Most observers explain the trend as liberal states exerting national power and self-interest to ‘externalize’ asylum, ‘evading’ but not breaching international law. This piece adopts a different approach blending research on dynamic legal norms with Brunnée and Toope’s use of Lon Fuller’s criteria of legality. In contrast to explanations based on self-interest and power, I describe how the legal norm governing asylum has evolved over time alongside the shifting asylum and migration practices of liberal states through three phases. First, liberal democracies traditionally practiced an exclusively in-country approach to asylum prior to the late 1990s which only tentatively adhered to the criteria of legality. Second, the legal norm governing asylum shifted during the late 1990s and early 2000s creating new doctrine and legal practices at the multilateral level for reasons that resonated with the criteria of legality. Following contestation, however, liberal states have so far failed to implement the new substantive and procedural guidance despite the availability of more appropriate asylum practices. This account provides a significant qualification to the work on externalization and legal norm evasion, allows for the development of a typology containing three modes of asylum, and points to more legalistic asylum practices than what currently prevail among liberal states.

Legal transformation as a component of modern legal development.

The article summarizes, expands and substantiates scientific knowledge about legal transformation as a component of modern legal development. The problems of transformations are understood by scientists of various directions and branches of social knowledge, primarily philosophers, political scientists, sociologists, economists and lawyers, since historical progress is directly determined by the ideas of democracy, freedom, free market, law and statehood. The points of view available in the specialized literature regarding the understanding of social transformation, its types, forms, trends and factors are analyzed. Social transformation covers the entire sphere of relations and interests (needs) in society, is the basis of the material and ideological structure on which both theory and practice of human life are based. Social transformation means the process of transformations in society, in particular in the cultural, political, economic and legal spheres. Qualitative and quantitative indicators of these transformations depend on many reasons and factors – internal and external, purposeful and spontaneous, objective and subjective, etc. Based on the study and systematization of transformational issues in legal science, the essence of legal transformation is revealed, under which it is proposed to understand qualitative and quantitative, substantive and formal, progressive and regressive, rational and irrational, regular, random and tendentious transformations of legal matter, legal life,legal reality, legal phenomena and processes under the action, influence, in the context, in the conditions of internal and external, purposeful and spontaneous, objective and subjective causes and factors (globalization, European integration, digitalization, sustainable development, etc.). The prerequisites for determining the common, distinctive and special features of legal transformation and legal reform within the framework of the development of the theory of the latter are outlined. Legal transformation is a component (component) of legal development along with such legal changes as formation, functioning, destruction, and is also carried out in the form of legal evolution, legal revolution, and legal reform. Turning to transformational (transformative) processes in legal reality is intended to continue the scientific search for an optimal, effective model of legal development, initiated by domestic scientists, in fundamentally new realities – in the conditions of war and post-war state reconstruction. Key words: development, social development, legal development, changes, social changes, legal changes, transformation, social transformation, legal transformation, transformation of legislation, transformation of the legal system, reform, social reform, legal reform, theory of legal reform.

Constructing State Law amid Local Laws: A Shift in the Paradigm of Legal Transformation

Objective: Constructing state law amid local laws is a new phenomenon; the challenge is creating a free-problem situation when the two systems meet. It seems impossible for the two to be allies and support each other. When they do meet, their relationship is just a compromise. The research object is a shift in the paradigm of law transformation related to constructing state law amid local law. Method: We employed a juridical normative with different treatments where the law is not the foundation but the theories, concepts, norms, and beliefs of scholars based on the orientation of the analysis objects. Results: Findings confirm that state law (positive law or law) is designed following the legism or positivism paradigm or belief. As such, legal transformation in its embodiment is oriented towards legal unity (positive law-state law). Hence, norms or values that do not originate from authorized lawmakers are undesirable to achieve a single uniform model (one legal model for all). In turn, the attempt to privilege the ideal law as the only law that is appropriate and valid and which is believed to be able to be the answer to every problem has yet to be fulfilled. Undoubtedly, state law, declared exclusive, is not only not objective, but becomes weak. The result is the rejection of community values as a strengthening substance, failing to meet expectations. Finally, the people consider state law a disturbance to the peace of life and a form of injustice and burden. Its presence does not create unity and collaboration that strengthens and supports one another but raises enmity. Conclusion: The construction of state law amid local law always refers to legal positivism, which positions the singleness of law in a positive (formal) form of law. State law is seen as the only law recognized as valid because it originates from the state, while another law is not recognized. With this standard trend (perspective), a paradigm shift in the construction of state law occurs so that when legal transformation or legal change occurs, society experiences a shock of new values

Hugo’s Moments, Maria’s Everyday Chores? Discords in the Search for Grotian Moments for Women’s Rights in International Law

Abstract This chapter would have liked to invite its readers on an exciting but breath-taking journey through the historical landscapes of international law, since ‘time immemorial’ a male-centred and, until the 1990s, almost exclusively male intellectual tradition and professional practice – at least in the eyes of the currently dominating historiography. Helas, the ambition had to be downscaled into a few rapid zooms, touristic snapshots in an impressionistic mode, on seven contexts in time and space in a hasty timeline from the eighteenth century to 2021. They reflect, merely as examples, women’s status in international law in diverse political, social and legal transformations or crisis. Some are representing moments of codification or the break-through of certain interpretations of women’s rights. Others are selected for their role in enabling women’s participation in decision-making or entry to international legal positions, or because they provide an example of women’s international activism for women’s rights. All of them might have preceded, followed, or in fact themselves constituted ‘Grotian Moments’ for ‘women’s rights’ – did they, and if not, why? Should they have? If yes, which ones and how, to what effect for ‘women’?

Забезпечення принципу права на захист в Україні

The principle of the right to protection is crucial for upholding human rights, promoting social justice, and strengthening the rule of law in Ukraine. This article highlights the relevance of researching and addressing the challenges and opportunities in ensuring this right in Ukraine. It examines the country's political, social, and legal transformations, conflicts, and aspirations for European integration. The article explores Ukraine's legal framework, measures taken, and progress made in ensuring the right to protection, including the independence of the judiciary, access to justice, legal aid programs, and prevention of arbitrary detention or treatment. However, challenges such as corruption, delays in court proceedings, limited access to justice, conflict-affected areas, and societal attitudes persist. Addressing these challenges requires ongoing efforts, including judicial reforms, resource allocation, public awareness campaigns, conflict resolution, and human rights education. This research contributes to the broader discussions on human rights and the rule of law in transitional and post-conflict societies and informs strategies for promoting the right to protection worldwide. The article emphasizes the significance of the research topic by examining Ukraine's political, social, and legal transformations in recent years. These transformations have presented challenges related to the rule of law, corruption, and human rights protection. By focusing on the right to protection, researchers can assess the progress made, identify gaps and shortcomings, and provide insights into areas that require attention and improvement. This evaluation serves as a tool to measure the effectiveness of legal reforms, policy initiatives, and institutional changes undertaken in Ukraine to ensure the protection of individuals' rights. The relevance of this research topic is further underscored by Ukraine's ongoing conflicts and security concerns. The war and annexation of Ukrainian territories have resulted in human rights violations, displacement, and the need for accountability and justice. By examining the right to protection, researchers can explore the impact of these conflicts on individuals' rights, assess the measures taken to address the resulting challenges, and evaluate the extent to which the right to protection is upheld in Ukraine.

Labor Studies: Who and Where? A Global Perspective on the Future of Work(ers)

This article argues that a global approach to labor studies that takes equal account of labor's Fordist-Keynesian as well as its colonial and anti-colonial histories in the Global North and South would make an important contribution to emerging discourses and debates on the future of work. It contrasts the evolution of workers and work in both developing and advanced industrial economies from the inter-war period onwards, highlighting ways in which political struggles and legal transformations produced distinct labor institutions: ‘good’ union protected jobs for some in the Global North and pervasive informality for most in the Global South. Yet despite these different starting points, the article argues that the emergence of new technologies of production such as artificial intelligence and advanced automation amidst the broader context of neoliberalism is prompting convergence rather than divergence in the trajectories of workers in the developing and industrialized worlds, as mostly clearly seen in the rising casualization of work. The article thus suggests that a truly global approach to labor studies that takes account of the historical and institutional trajectories of work in different contexts would strengthen both the analytic foundations and normative commitments of the discipline as scholars address the anxieties and concerns associated with the future of work.

THE SYSTEM OF PUBLIC ADMINISTRATION ENTITIES IN THE FIELD OF FORENSIC EXPERT ACTIVITY: CONCEPT, STATUS, POWERS, SUBORDINATION AND COORDINATION

Introduction. Quite complex and contradictory transformation processes aimed at constructing a democratic state and its institutions are taking place in Ukraine. Problem Statement. Modernization of public administration in Ukraine, changes in social relations, insufficient effectiveness of forensic expert support of law enforcement activities and the judiciary, the need for organizational and legal transformations in the field of forensic expert activity. Purpose. Consider the system of public administration entities in the field of forensic expert activity, their concepts, status, powers, subordination and coordination of activities Materials and Methods. General scientific and special research methods: analysis, modeling and forecasting, dialectical, structural-functional, synergistic, normative-logical, comparative-legal, analogy, extrapolation and legal interpretation. Results. It is proposed to consider the system of public administration entities in the field of forensic expert activity as a complete, interdependent, hierarchically structured set of subjects who, in accordance with the purpose and within the limits of authority, conduct public administration in the field of forensic expert activity in order to implement their own tasks and functions with the aim of providing justice in Ukraine with an independent, qualified and objective examination, focused on the maximum use of the achievements of science and technology. Conclusions. The system of public administration entities in the field of forensic expert activity consists of: 1) ministries and other state bodies, to the sphere of management of which belong state specialized institutions that conduct forensic expert activity; 2) entities of forensic expert activity. The creation of a system of self-governance of forensic experts will contribute to the reduction of state regulation in the field of forensic examination and must be approved by law. In the normative legal acts on advisory and other auxiliary bodies, in particular, in the Regulation on the Coordinating Council on Forensic Examination Issues under the Ministry of Justice of Ukraine, the sections on the formation of the composition should take into account the right of forensic experts who are not employees of state specialized institutions and members of public organizations of forensic experts, to be elected to advisory and other auxiliary bodies. The creation of an effective system of public administration subjects in the field of forensic expert activity should be based on the European administrative and legal concept of “public administration”, developed relevant theoretical provisions, and have an appropriate legal basis. It is necessary to establish new approaches to the system of public administration entities in the field of forensic expert activity in order to ensure justice with independent, qualified and objective examination that would meet the requirements of international standards and modern challenges.

Виробничий травматизм в Україні: епідеміологічній аналіз і виклики часу

Introduction. Accidents are one of the causes of work-related mortality and disability. According to the ILO estimates, about 2.3 million men and women in the world die each year as a result of workplace accidents or work-related diseases. In recent years, a gradual decrease in the level of industrial injuries (II) has been noted in Ukraine. Statistical indicators indicate the complexity of the situation regarding the formation of the number of injuries at work, depending on socio-economic conditions, the state of labor protection, medical and demographic characteristics of workers, changes in legislation regarding compliance with international requirements. II is closely related to the level of GDP, financial crises, as well as such challenges of the time as the COVID-19 pandemic, the conduct of military operations after the invasion of the Russian Federation in Ukraine, the occurrence of danger when performing work in the conditions of hostilities. The purpose of the study is to reveal the regularities of the formation of indicators of industrial injuries in Ukraine during the years of independence, in the conditions of the COVID-19 pandemic, during the period of martial law. Research materials and methods of studying the prevalence of industrial injuries was carried out according to the principle of continuous statistical sampling of primary documents compiled for all cases of occupational accidents first detected and registered in Ukraine, for the years 1991-2022. The analysis of II was carried out by types of economic activity. The materials were processed in accordance with the tasks set by classical methods of medical statistics, the relationship between statistical indicators was determined using the Spearman correlation coefficient to assess the relationship of individual indicators. Research results and their discussion. During the years of independence, the formation of II indicators was determined by the factors of socio-economic, regulatory and legal transformations, the number and employment of the population in the labor process. The coefficient of frequency of accidents (CFA) is on average 0.31, while in the coal industry - 7.89, transport - 1.6, agriculture - 1.14, mining and non-metal industry - 0.99%, metallurgical industry – 0.96, mechanical engineering - 0.48. The weight coefficient - CW has a somewhat different ranking, with an average Kт of 26.42, the first place belongs to transport - 65.02, the second - to the mining and non-mineral industry - 48.13, the third - to the coal industry - 36.96, the fourth - to the metallurgical industry - 32 ,8, the fifth - construction - 32.72, the sixth - gas industry - 31.08, the next - machine building - 26.32. The number of cases of COVID-19 among medical workers has significantly decreased from 2020 to 2022. A significant number of accidents were registered among those working during the performance of labor duties in the conditions of hostilities at critical life support enterprises, such as oil and gas production, state administration and defense, electricity supply, transport, engineering, health care. Conclusions: 1. Over the years of independence, there has been a significant decrease in the total number of workplace injuries. In 2022, the total number of injuries decreased by more than 40.0 times compared to 1992, the number of deaths at work - by more than 5.0 times. 2. The level of injury depends on the challenges of time in certain defined periods of the formation of the state, which causes fluctuations or a surge in occupational accidents. 3. The assessment of the relationship between GDP and structural changes in II (the Is index) reflects the percentage of fatal cases in the structure of injuries, and is one of the indicative characteristics of the state of labor protection in Ukraine. The increase in GDP in the period 1992-2014 correlates with Is rs=0.97 (Spearman correlation coefficient p<0.05), and the correlation coefficient with the number of working persons for these years reaches values of rs=-0.90 (p<0, 05). The decrease in GDP in the period 2016-2022 has the same trend with changes Is rs=0.71 (p<0.1). From the above, it can be determined that the economic factor was of great importance until 2016, and later its importance remained, but greatly decreased due to the epidemic of COVID-19 and a significant increase in hostilities. 4. Among the causes of accidents with a fatal outcome, organizational - 46.2%, technogenic, natural, ecological and social -40.0%, technical - 7.6%, psychophysiological - 6.2% prevail.

Forging a Habsburg Islamic Legal System: Legal Transformation and Local Agency in Habsburg Bosnia and Herzegovina (1878-1918)

The integration of Islamic law into the Habsburg administration in Bosnia and Herzegovina following the 1878 occupation marked a significant shift in the existing Islamic legal system. This paper examines the impacts of the legal reforms implemented by the Austro-Hungarian government, focusing on the agency of local qāḍīs and plaintiffs in the process. The Habsburg bureaucracy reduced the application of Islamic law to the private sphere of family and marriage and established a two-tier court system, including a Supreme Sharia Court in Sarajevo, under state control. The analysis suggests that the integration of the Sharia courts into the Habsburg administration began a process of translation of legal norms, knowledge, values, and practices, resulting in a unique blend of Ottoman Islamic legal practices and Habsburg legal structures and values. The paper argues that this created new opportunities for legal claim-making by local plaintiffs.

Конституционные революции в исторической и современной юриспруденции: правовые и методологические аспекты

The article discusses the legal and methodological foundations of constitutional revolutions, scientific and interpretative approaches to understanding the constitutional revolution in historical and modern jurisprudence, proposes innovations in the legal regulation of constituent power from the standpoint of comparative legal and historical experience for legal transformation and modernization of the legal order.

Fragile belonging and the strong duties of foreign clergymen

Due to the jurisdictionalism inherited from Portugal, and in view of the strength of the typically liberal idea of sovereignty defense, the Empire of Brazil initially adopted as course of action to prohibit foreign priests from holding ecclesiastical benefices in its territory. The article focuses on the legal transformations that took place in the second half of the nineteenth century, and which led to a relativization of this prohibition, especially in view of the massive migration of European priests to the Americas in the period. We analyze concrete cases presented by bishops and clergymen to the Council of State, the emperor’s advisory body, as well as to the Congregation of the Council, an administrative organ of the Holy See, and show how a path was paved for the multilevel regulation of the migratory flows of the secular clergy towards Brazil. Since the Council of Trent was a key normative set to organise the mobility of clergymen around the globe, we examine how institutions and actors that ordinarily made use of it forged new interpretations and new norms in order to discipline migration as an unprecedented phenomenon. Following up on the Tridentine, transformations will allow us to see how precarious the situation of foreign priests was in terms of belonging to a new country and a new diocese. It will also reveal that what kept the clergymen minimally anchored in the sea of legal uncertainties at the end of the 19th century was the notion of duty.

Legal Regulation of Banking in the New Regions of the Russian Federation

In October 2022, 4 new constituent entities were admitted to the Russian Federation: the Donetsk People’s Republic, the Luhansk People’s Republic, the Zaporozhye and Kherson regions, which put on the agenda the issue of integrating their banking business into the federal legal field. The study focuses on the following questions: how this process is going and what impact it makes on the national banking system as a whole. According to the results of the study, it is revealed that the legal regulation of the banking system of new constituent entities of the Russian Federation is undergoing a transitional period characterized by the effect of the norms adopted in these regions before they entered into the Russian Federation, as well as acts of emergency legislation. The author determines the factors influencing banking activity in the new constituent entities of the Russian Federation: the need for legal transformation, implementation of the special military operation, unfriendly actions on the part of the United States and foreign states and international organizations that have joined them. Extremely low availability of banking services in these constituent entitties of the Russian Federation makes it necessary to open branches and subsidiaries of Russian banks. To sum up, taking into account conclusions made about the nature of integration, the author proposes measures aimed at supporting the banking system not only in the new regions, but also in the Russian Federation as a whole: increasing limits on cash withdrawals; writing off loans the collateral for which was lost during hostilities for individuals and legal entities located in new regions; resumption of the work of exchange offices; acceleration of the process of introducing a non-bank payment service provider to the banking market; creation of a fund for settlement of losses in the banking sector; development of a mechanism for parliamentary control over acts of emergency regulation adopted by the Bank of Russia, the President of the Russian Federation and the Government of the Russian Federation.

Modeli krivične odgovornosti krivičnog učešća u digitalnom okruženju - perspektiva savremenih izazova u italijanskom konstitucionalizmu

The rapid progression and widespread integration of Information and Communication Technology (ICT) have ushered in a new era of sweeping social and legal transformations. Among the many groundbreaking advancements, Artificial Intelligence has emerged as a pivotal force, permeating nearly every facet of our daily lives. From the realms of commerce and industry to healthcare, transportation, and entertainment, Artificial Intelligence technologies have become indispensable tools shaping the way we interact, work, and navigate the world around us. With its remarkable capabilities and ever-expanding reach, Artificial intelligence stands as a testament to humanity's relentless pursuit of innovation and the boundless potential of technology to revolutionize society. While completing all the tasks they are programmed for, Artificial Intelligence systems can perform actions, which could result in crimes if committed by humans. But crimes follow the reserve of law, therefore can be difficult to criminalize such crimes because of the lack of written law. Nevertheless, in modern legal systems, the structure of crimes doesn't only require the commission of a typical fact, but also the determination to do it. In this scenario, being Artificial Intelligence a non-human entity, the reconstruction of criminal responsibility is particularly difficult to theorize. This is mainly true because of the peculiar nature of the environment the machine lives in: the digital environment is made of a digital reality, and many of its actors (for example algorithms, protocols, and programs) are not even human and can only exist in that reality. This means that in this environment, machines can act, determine themselves and possibly commit crimes with or without a human user. This scenario makes it necessary to analyze Artificial Intelligence crimes in the light of common ones, using the ordinary law discipline. This analysis allows users (lawyers, judges, and scholars) to use three traditional liability models: "the perpetration-via-another", "the natural probable consequence", and "the direct liability". Through these models, users can assess whether the machine committed a crime. Nevertheless, the three liability models supra mentioned open the door to a totally modern scenario: the man-machine concurrence (the concurrence between man and Artificial Intelligence algorithm). In fact, if theorizing the liability of the machine comes with challenges, it is even more complicated to adapt to modern Constitutions the concurrence between the living and the digital. Indeed, it is necessary to assess whether a machine can commit crimes (or it is just an instrument), determine how the machine can concur with a human, and how much responsibility can be addressed to it. This paper wants to analyze the peculiarities of Artificial Intelligence, deconstruct three possible Artificial Intelligence liability models, and, finally, theorize the criminal participation man-machine through the lenses of Italian law.