Legal Point Of View Research Articles

Этико-философские аспекты цифровой танатологии

Modern man’s digital being has changed his attitude towards the most important cultural existentials, including the problem of death, which was sacred in previous eras. The article analyzes the characteristics of digital thanatology and raises the philosophical questions about the modes of digital afterlife. From an ethical and legal point of view, the article draws attention to the need to legally restrict the circulation on the Internet of the content depicting the bodies or parts of the bodies of military personnel killed in combat zones. The article analyzes moral and ethical nuances of new socio-cultural practices: selfies with the dead; streaming from funerals, creation of digital cemeteries and sharing of medical autopsy videos on Internet platforms. The author proposes the inclusuion of “Digital Ethics” course in the university curriculum on Ethics in order to prevent the devaluation of the problem of death under the influence of digitalization.

The Analysis of Problems Arising in the Exercise of the Right to Paternity in Family Law

Introduction: the global changes in the world erasing not only the patriarchal model of the family, but also the level of internal self-awareness and responsibility at the birth of a child in general, emphasize the need to consider the content of the models of the mother and father from a legal point of view, identifying not the socio-psychological root causes of this phenomenon in the modern world, but their consequence for the legal environment of the development of the institute of childhood. The statutory norms on paternity in modern law require detailed interpretation and improvement. Despite the equality of the rights of parents in parental legal relations, today there are separate differences in the legal status of the mother and father in the legislation. In this regard, the author set a goal: to analyze the problems that arise in the exercise of the right of paternity. Results: the peculiarities of the problem of establishing paternity, the peculiarities of the legal status of the father, including surrogacy, are studied. The problems of contesting paternity and determining the child’s place of residence and communication with parents are highlighted. Based on the analysis of the legislation, conclusions are drawn about the presence of certain elements of inequality in the legal status of the mother and father of the child. Most provisions curtail the rights of fathers. According to the results of the study, it is found that further improvement of the family legislation should be systematically aimed at eliminating the inequality of parental legal relations between the mother and the father of the child.

Some Aspects of Understanding the Contract

The contract as a complex, multifaceted category is used not only in jurisprudence, but also in other doctrines, teachings, and in the direct practical activities of various subjects. At the same time, if viewed from a legal point of view, the contract (as a certain agreement that meets specific criteria) permeates almost all spheres of public relations under the influence of law. The contract occupies a significant place in the regulation of relations under the influence of private law norms. The concept of a contract is repeatedly disclosed by the legislator in various normative legal acts. However, even within the framework of one branch of law (for example, civil law), the mention of a contract may be disclosed in various senses. Doctrinal points of view also reveal a wide range of multiple approaches to understanding the treaty. This circumstance indicates the absence of a single clear understanding of the contract neither in the law nor in the doctrine, which causes some problems in the framework of law enforcement activities. The goals and objectives of the study are to identify legislatively defined and doctrinal positions regarding the concept of a contract (legal and individual). The study was conducted using a comparative legal method, which made it possible to study the position of the legislator regarding the concept of contract in such branches of law as civil, labor, family, etc. In addition, formal logical and systematic methods were used in the work. The result of the study is a brief comparative legal analysis of the provisions of legislation containing norms on the regulation of legal relations between the parties through a contract. The legislator has not clearly expressed his position on the legal nature of individual contracts (in particular, employment and marriage contracts), which gives rise to their ambiguous interpretation, causing difficulties in law enforcement.

Regarding the criminological study of suicidal behavior determinants among law enforcement bodies employees

The article carries out a criminological study of the determinants of suicidal behavior among police officers. The authors note that in recent years there has been a rapid increase in the number of suicides and suicide attempts, including ones among law enforcement officers. It was determined that criminology as a complex science allows to study suicide not only from a legal point of view, but also from the point of view of other sciences, such as sociology and psychology. There is still a debate among legal scholars whether to refer the problem of suicide to the problems of criminological research. According to scientists, the main reason for insufficient attention of criminologists is that suicide is not a criminal offense in most countries of the world.
 It is determined that suicide has become common among employees of internal affairs bodies aged 25 to 40. Given that law enforcement is a critical and extreme type of activity, suicides among law enforcement officers have specific determinants. Law enforcement officers are a category of persons who need special attention in view of the possibility of developing suicidal behavior, since the availability of weapons provides an opportunity to choose the most lethal methods of suicide. The authors agree with the opinion of the researchers that the greatest impact on a law enforcement officer is not so much household and family problems as the psychological burden associated with the service activity. In other words, socio-psychological maladjustment is the main determinant of suicidal behavior among law enforcement officers. Suicidal behavior is often associated with a psychological crisis that can occur under the influence of threats of various kinds. A person in such a crisis state decides that suicide is the only way to solve problems.
 It has been proven that suicidal behavior among law enforcement officers is caused by a number of determinants that individually and collectively have a negative impact on the policeman's personality, as a result of which his social and psychological well­being is destroyed, the protective functions of body and psyche are depleted, and mental disorders and mental illnesses may occur.

Prescription of the Decedent’s Debts, Dating From the Time of Old Austrian Civil Code From 1811 (ABGB) in Slovenia and Croatia

The establishment of the first Yugoslav state in 1918 was, from a legal point of view, the merger of six quite different legal traditions into one common state formation, and did not bring with it immediate legal unification, which was most evident in the field of civil law. Austrian Civil Code (ABGB) of 1811, as an interesting and endurable sub-type of transnational law, governed almost exclusively, with minimal differences, civil law in most of the territory of the present-day Slovenia and Croatia. Its legal rules survived the Second World War and were applied well into the late 1970s, in part even until the enactment of the new Slovene Code of Obligations in 2002 and the Croatian Obligations Act in 2005. However, since ABGB as a source of law has never been definitively abrogated, its legal rules are still applicable for deciding disputes in both countries, even in the case of the liability of heirs for the deceased’s debts, if the related contract of delivery was concluded as far back as 1960.

On DeFi and On-Chain CeFi: How (Not) to Regulate Decentralized Finance

ABSTRACT This article proposes a framework to assess the factual decentralization of blockchain-based financial infrastructure, commonly referred to as ‘decentralized finance’ (DeFi). It discusses various centralization vectors along the DeFi architecture layers from a technological and legal point of view. Distinguishing between endogenous and inherited centralization, the importance of decentralization assessments for regulators is demonstrated. First, centralization vectors are a strong indication that a DeFi project may have (some) custodial properties warranting regulation. Second, centralization vectors reveal the avenues of control in projects, pointing out appropriate regulatory hooks. The article serves as an interdisciplinary introduction that analyses blockchain-based financial infrastructure and provides policymakers and regulators with a tool to identify the differences between truly independent, neutral infrastructure and fake decentralization. It concludes that the former may have very beneficial properties and can contribute towards a more open and transparent financial system, while the latter is a blockchain-based form of financial intermediation and should be regulated as such.

Fiqh Muamalah Review of The Kali Lubang Tutuik Lubang System in Farm Labor Wages

This paper examines the practice of remuneration of farm laborers with the kali lubang tutuik lubang system in the perspective of fiqh muamalah. This research uses qualitative method with descriptive research type. This research was conducted in Nagari Lawang Mandahiling, Tanah Datar Regency, West Sumatra. The data in this study consisted of primary data and secondary data. Data were analyzed using interactive model of analysis, starting from data collection, data reduction, data presentation, and drawing conclusions. This research shows that the wage contract with the kali lubang tutuik lubang system is in the form of a speech containing an agreement about the type of work, place, and time of work. Wages are not paid directly by the land owner on the first day, but on the second day or when the worker gets a second job from the same person. If there is no work on the second day or other work, wages will be deferred one week from the last day of work. According to the fiqh muamalah review, wages with this system are legal, because from a legal point of view, the contract has met the terms and conditions. Both parties also understand that the system has been going on for a long time. However, from an ethical aspect, such a wage system contains demages, because it contains elements of neglecting the payment of wages.

Protecting the Well-being of the People with Disabilities in Achieving the Nation’s Sustainable Development Goals

As the nation is leaning towards achieving the Sustainable Development Goals (SDG), it is pertinent and crucial to look into the plights faced by people with disabilities in this country. This study delves straight into the current socio-legal climate surrounding them. It adopts methods of content and critical analysis when analysing the data qualitatively. The findings show that even though the overall social acceptance and reception have improved over the years, some members of the people with disabilities community have faced unfair treatment during job scouting, job interviews or while at work. From a legal point of view, an ambiguity in a provision under the Persons with Disabilities Act 2008 has resulted in inaccuracy and false interpretation by the local authorities, leading to poor and shoddy construction of public amenities for people with disabilities. Furthermore, the effectiveness of the Street, Drainage and Building Act 1974 in ensuring accessibility of public facilities for the people with disabilities remains questionable. In the concerted effort to achieve Goal No. 9 of developing quality, reliable, sustainable and resilient infrastructure supporting economic development and human well-being and Goal No. 10 of reducing income inequality under the nation’s SDG, the above-mentioned socio-legal problems must be urgently addressed.

Dimensions of the constitution

The article is devoted to the conceptualization of the dimensions of the constitution as an important direction of modern political and legal research. It was noted that the category “dimension” combines the objective determination of the influence of the constitution on the course of social relations with its utilitarian value.
 Given the complexity and multidimensionality of society, it can be argued that there can be many dimensions of the constitution. However, it is known that the constitution to one degree or another regulates (consolidates) all four subsystems of the social system: political, economic, social, and spiritual and cultural. Therefore, the most general, system-creating dimensions of the constitution can be only four - according to the number of subsystems of the social system. All of them can be covered by the term “general or general social dimensions”.
 The author claims that from a legal point of view, we should be primarily interested in those “internal” dimensions of the constitution that characterize the significance of the constitution for the state mechanism and the national legal system. They, again conditionally, can be called “special” or “legal”. The relevant criteria should be sufficiently universal and significant, capable of being applied to states of different levels of development and different historical eras. At the same time, it should be understood that the constitution is only a legal instrument, so it can neither be blamed for a bad political choice nor praised for a good one.
 In the broadest plan, five main legal criteria for the success of the constitution are proposed – these are its endurance (permanence), legitimacy, the ability to resolve political conflicts in a legal way, the ability to limit agency costs, as well as to promote the production of public goods.
 The opinion that according to the vast majority of the dimensions listed above, the current Constitution of Ukraine of 1996 demonstrates quite high results, being an example of a modern and effective Basic Law, is justified. The main problem facing the national Constitution in this regard is the problem of limiting the so-called “agency costs”, especially in the area of corruption prevention.

The Land for Peace Message Between Israel and Jordan: The Case of Baqura and Ghamr

Israel has reached historic agreements in its sought-after objective of recognition—each unique. There is a similarity between agreements between Israel and neighboring states. These agreements were with Egypt (1979) and Jordan (1994) . In both these, land for peace was an element. That is a legalistic interpretation of United Nations Security Council Resolution 242 adopted on November 22, 1967, in the aftermath of the Arab–Israeli War of 1967. There are two arguments on the land for peace concept. One is that there were more historical and significant reasons for peace than land. The other is that every millimeter of land is significant and not overlooked. Looking at both, this article examines the agreement with Jordan, focusing on two small farmland areas in the border areas referred to as Baqura and Ghamr in Arabic and Naharayim and Tzofar in Hebrew. The agreement was a land lease for 25 years (1994–2019). It could have been extended after that, yet Jordan called for its return, which Israel accepted. This is examined under four headings: Where did the land come from? The Israel–Jordan peace treaty; legal viewpoint; and private ownership versus state sovereignty. The take-out from such a message of land for peace examination is to bear the findings in mind for future agreements with Israel on how much land for peace, where, how, and why. The bottom line is that strong leadership and issues other than land may be more important in achieving a peace treaty, yet land for peace is a strong message.

What is Spanish regulation on the application of artificial intelligence to medicine like?

This article will attempt to analyze the current impact of Artificial Intelligence in Spanish healthcare, as well as the challenges that its application poses both from an ethical and legal point of view. Technological advances, which are already being applied in healthcare, make it necessary to adapt the legal system to the new trends that are emerging in society and force healthcare professionals to review their codes of ethics in the face of new ethical dilemmas, since these codes of ethics do not have clear guidelines for action on AI that raise relevant ethical problems to which no response is being given, except for the code of ethics for medicine, which has recently been included. After a review of the last 5 years of Spanish and European regulations in medicine, it can be concluded that the regulation and legislation of the application of AI is very deficient, both in the EU and in Spain. In order to try to identify different ways of resolving conflicts related to AI in medicine, jurisprudential sentences related to the rights and obligations of health professionals, patients and users have been analyzed and reviewed. Therefore, the paper concludes with the proposal of a series of aspects to be taken into account for the future regulation of the application of AI in medicine.

Financial Technology: An Overview on Shariah and Legal Implication

Technological progress affects many things and practices in today’s life. In addition to the occurrence of the COVID-19 pandemic, it leads to a more open and almost comprehensive use of technology. This effect also occurs in the financial aspect. The emergence of various forms of technology-based transactions also has implications for legislation and sharia. This study was conducted qualitatively through the analysis of literature and legal sources from selected countries such as Malaysia and Indonesia. The study found that there is a law that has been drafted to regulate this aspect as well as a fatwa issued to lay the foundation for this transaction from a contractual point of view according to the Syariah perspective. However, further research still needs to be done considering that various forms of innovation involve transactions that have taken place and each of them requires clarification from a legal point of view as well as jurisprudence adaptation.
 Keywords: financial technology, Shariah, legal, implication

Brain organoids and organoid intelligence from ethical, legal, and social points of view.

Human brain organoids, aka cerebral organoids or earlier "mini-brains", are 3D cellular models that recapitulate aspects of the developing human brain. They show tremendous promise for advancing our understanding of neurodevelopment and neurological disorders. However, the unprecedented ability to model human brain development and function in vitro also raises complex ethical, legal, and social challenges. Organoid Intelligence (OI) describes the ongoing movement to combine such organoids with Artificial Intelligence to establish basic forms of memory and learning. This article discusses key issues regarding the scientific status and prospects of brain organoids and OI, conceptualizations of consciousness and the mind-brain relationship, ethical and legal dimensions, including moral status, human-animal chimeras, informed consent, and governance matters, such as oversight and regulation. A balanced framework is needed to allow vital research while addressing public perceptions and ethical concerns. Interdisciplinary perspectives and proactive engagement among scientists, ethicists, policymakers, and the public can enable responsible translational pathways for organoid technology. A thoughtful, proactive governance framework might be needed to ensure ethically responsible progress in this promising field.

Foreign experience in defining the legal framework, implementation and research of digital currencies

Digital currencies of national banks are becoming more and more tightly integrated into the modern reality. Many countries around the world are at different stages of creating, piloting and implementing digital currencies. Undoubtedly, digital currencies as a third form of money will become our reality very soon. However, each country chooses its own model of creating, piloting and implementing digital currency based on its own preferences, the preferences of the population and the objectives of the digital currency. In this article, we will try to explore the concept of CBDC. Understand what CBDC or digital currency is. We will consider the experience of piloting and implementation of digital currency on the example of China, as well as consider the experience of legal regulation of digital currencies. Thanks to this analysis, we will try to give an unambiguous answer to what CBDC is, which of the existing methods is the most interesting and promising from our point of view, as well as what difficulties arise from the legal point of view with the emergence of digital currency.

Human Body As Legal Phenomenon

The following research is devoted to the reasoning of the body as a legal phenomenon. After all, despite the fact that the body is ontologically the closest thing to us, from the legal point of view it is one of the most mysterious legal phenomena. In other words traditional jurisprudence usually divides all legal beings into subjects of law (the state, individuals and legal entities, the nation etc.) and objects of legal relations (estate, material evidence, objects of dispute, etc.). However the body cannot be identified within these criteria. On the one hand the body itself is not a subject of law. After all, purely disembodied, abstract entities, such as legal entities or the state, are subjects of law, sometimes without any material "embodiment". On the other hand purely corporeal existence does not guarantee legal personality, since, for example, the presence of a dead body as such indicates its absence. The similar conditions are fully reflected in the national legislation of Ukraine. Its analysis shows that the human body is not defined as an independent object of legal regulation and there is no corresponding legal regime. The most symptomatic manifestation of the total disregard for the legal issues of the body is the absence of a corresponding term even in special medical legislation regulating organ transplantation, health care and medical assistance. Therefore the phenomenon of the body currently remains outside the attention of lawyers. This leads to the lack of a conceptual reasoning of the body as a legal phenomenon and uncertainty of legal regulation of the human body as such. So it is worth to conclude that the phenomenon of the body needs to be comprehended from a philosophical and legal point of view. The result of such comprehension is the identification of the following ontological features of the body as a legal phenomenon: syncretism, liminality and intentionality of the body. This, in turn, creates certain grounds to assert that normativity is immanently present in the body, when the body itself is a hypothesis and disposition for others, and the impossibility of communication with it is a sanction. As a result the author concludes that the inviolability of the body should be enshrined in law and the relevant amendments should be made to the Civil and Criminal Codes of Ukraine.

МЕХАНІЗМ УПРАВЛІННЯ СОЦІАЛЬНОЮ МОБІЛЬНІСТЮ ПЕРСОНАЛУ: ТЕОРЕТИЧНІ АСПЕКТИ

The article highlights approaches to the management of social mobility in the context of the current challenges and threats posed by the full-scale war and the consequences of the COVID-19 pandemic. The author researches and analyses the management process from different perspectives, namely, from economic, social, and legal points of view. The methods and means of mutual influence of the subjects and the object of management of social mobility of personnel are characterized. The influence of factors on the development of social mobility among personnel through the interconnection of state institutions, trade unions, and employers is substantiated. The interrelation between the elements of the process of managing the social mobility of staff is considered with a view to intensifying socio-economic changes and generating innovative ideas aimed at solving social problems through an appropriate mechanism. The article emphasizes the development of human capital in the working population and the growth of quality of life due to the strengthening of the processes of social mobility of personnel. The author identifies the levers of influence of the subjects of social mobility management through the introduction of regulatory policy measures, the concept of decent work, social justice, and human capital. The importance of social dialogue in addressing pressing employment issues through the active involvement of employers and research institutions, the dissemination of information on labour market trends, expanding access to educational and training opportunities, and increasing the diversity of career prospects is emphasized. It is determined that the mechanism for managing the social mobility of enterprise personnel is its ability to accumulate, preserve, implement, improve, and restore labour potential in space and time to obtain a qualitative result of human capital management. This article examines both objective and subjective factors of influence on the mechanism of management of social mobility of personnel and identifies their division into those related to qualitative characteristics of a personality, those related to working conditions, and individual characteristics and interests of a personality.

Социальное государство как универсальное средство обеспечения модернизации российской экономики

The subject of the study is public relations related to ensuring state policy in the social sphere and strengthening the foundations of the welfare state in Russia. The purpose of the work is to develop theoretical ideas about the doctrine of the welfare state and its practical implementation in the legislation of the Russian Federation. Due to the analysis of theoretical approaches to the definition of the concept of "social state" from a legal point of view, it has been established that at present there is an urgent need to clarify the substantive content of the concept of a social state. Through a comparative legal analysis of federal and regional legislation in the social sphere, the need for the adoption of a social code has been identified, which should be valid throughout the state due to the fact that a huge array of normative legal acts, legal documents related to the socio-economic sphere of life of Russian society, not only complicates the work of state bodies designed to ensure the implementation of the doctrine of social the state, but also the realization of human and civil rights and freedoms on the territory of Russia. It is concluded that the social doctrine of the Russian Federation should proceed from the spirit and letter of the Constitution of the Russian Federation, the principles of social justice and social equality based on the understanding of the welfare state, assuming mutual responsibility of citizens, society and the state.

ENHANCING EU'S RESILIENCE AGAINST TERRORISM: A LEGAL APPROACH

The growth in amplitude and frequency of the terrorist phenomenon at both the European and international levels, in the past years, makes terrorism one of the most significant challenges for European Union's security. Given EU's international ambitions of a significant actor in the field of security (European External Action Service, 2016), this paper approaches EU's responses to terrorism, from a legal point of view. Arguing in favour of the legal instruments as the most appropriate tools to counter the terrorist phenomenon, the aim of this research is to analyse if and how Europe can become more resilient against the terrorist threat, by resorting to legal means. Specifically, the paper seeks to explore how the regulation of the crime of terrorism in international law might foster the resilience of the EU in an increasingly challenging international context. Addressing the issue of terrorism is of high importance taking into consideration the current international context, when Europe is facing again a war and the terrorist offences have significantly increased along with the conflict in Ukraine that started in February 2022 (Institute for Economics & Peace, 2022).

Rejuvenated Ascendency of Taliban in Afghanistan Examined through International Legal Lenses

The ultraconservative Islamic group Taliban has once again secured the land of the Islamic Republic of Afghanistan, renaming the country as the “Islamic Emirate of Afghanistan.” Power change in national territories becomes an international issue when the authority in power challenges international legal standards during the modification and teases the responsibility and obligations of the international community. This paper is penned to find out the legality of the process of the Taliban’s acquirement of domination upon Afghanistan, the appropriacy of Shariah principles used in different aspects of conduct in Afghanistan, the reasons behind the lack of support by the international community while discussing these issues from a legal viewpoint. There are several allegations in the media against the Taliban rulers for drastically violating International Humanitarian and Human Rights laws. Moreover, some speculations are incentivized by Islamophobia and news of terribly dropped life standards in Afghanistan. Though the United Nations (hereinafter, mentioned as UN) is continuing with remarkable humanitarian support in that terrain, the state responsibility regarding the disastrous conditions of the Afghans, is not a matter to be waived off. National statutes, Shariah law principles, international instruments, newspaper and non-academic articles, journal articles, official reports by international organizations, reports of meetings of experts, and Afghan Human Rights Organization, and news media, websites, and books are the sources used to aggregate qualitative data for the discussion. The findings will highlight and clarify the reasons behind the little to no support for the Taliban, exhibited by the international community.

Ideology and its Influence on Suspense Psychology

From the philosophical point of view, all existing ideologies in the world deserve special attention, because they can be put into practice at any time, which means a total transformation of both individual and social existence. Therefore, the purpose of our article is to analyze the leading ideological trends in the modern world. The human mind is always focused on the search for meaningful ideas, values and guidelines. Society does not agree with primitive existence and continues to seek respectable higher significant foundations of human existence. That is, they create different ideologies. An ideology is a set of interconnected ideas, ideas and beliefs designed to unite people for the sake of living together and acting together. Today we can distinguish both humane and inhumane ideologies. Timely understanding and separation of humane from antihuman destructive social projects is important. After all, the public consciousness often has every chance to master various inhumane terrorist, extremist and marginal ideologies. Thus, every citizen should know that if the proposed ideology requires people to sacrifice their own lives, health, freedom, personal relationships, family or property, it means that from a legal and moral point of view, such an ideology, which would it did not set attractive goals for society, it is completely unacceptable, inhumane. At the same time, when confronted with humane ideologies, we will immediately be able to see that the proposed system of values and the associated changes will not pose any dangerous material or spiritual threat. In essence, the requirements of humane ideologies can only lead to a variety of ideological, intellectual, organizational and other positive changes. A striking example in this aspect is the ideology of the Enlightenment, which aimed to establish equal rights and freedoms of all people, their comprehensive intellectual and spiritual development through quality basic education and upbringing. One of the modern ideologies is the ideology of mass consumption society. It is this utilitarian system of views and values that has led to the premature depletion of resources and the general deterioration of the environment. The ideology of mass consumption society can negatively affect not only the biosphere but also the spiritual sphere of public life. Thus, such spiritual problems as the loss of meaning in life, the general deterioration of social mood, the widespread spread of pessimistic and depressed dark worldviews, social indifference, aggression, etc. have recently become noticeable. Therefore, in order to successfully solve the above complex problems, humanity must find spiritual strength, wisdom and consolidate. Now is the time to look for and find new positive worldview values. Another current ideological trend is the advancement of a new ideology of virtualization of human life, even after the pandemic is eventually successfully overcome and the objective need for restrictive quarantine measures simply disappears. There is ideological pluralism in modern democracies, but this cannot preclude the adoption of some of the most important values and norms without which no democratic society can exist. Such norms also include some axioms of ethics of communication, which provide the possibility of civilized ideological discourse.