Legal Point Of View Research Articles

O TRABALHO INFORMAL, A ECONOMIA INFORMAL E OS DEFASIOS ASSOCIADOS À PRECARIZAÇÃO DO TRABALHO

The lack of effective public policies to address the precariousness of informal work has profound consequences, including increased social inequality, economic vulnerability, and the violation of labor rights. This issue is relevant not only from an economic point of view, but also from a legal and social point of view, as it involves the protection of fundamental human rights, such as the right to decent work and social protection. By critically analyzing existing legislation, identifying gaps, and proposing new legislative approaches, the survey can offer valuable insights for the formulation of more effective public policies and for strengthening the legal framework for the protection of informal workers. Additionally, by considering the nuances and complexities of the legal issues involved, research can help develop more sophisticated and relevant legal theories and concepts to address emerging labor market challenges. Although there is a vast academic literature on informal work and the precariousness of work, there is a significant lack of studies that address these issues from an in-depth legal perspective. The proposed research will fill this gap by providing a detailed analysis of the legal issues related to informal work and identifying concrete legal strategies to address the challenges of job insecurity. In this way, it will contribute to the advancement of legal knowledge in this area and to the development of more effective approaches to address the challenges of informal work and precariousness.

The Liberal Case for Community Land Trusts

Abstract This paper argues that community land trusts (CLTs) can be part of a liberal housing policy from both an economic and a legal point of view. In this, I depart from the defense of community land trusts based on the so-called ‘decommodification’ of housing. First, from an economic point of view, CLTs are a comparatively better option than other traditional policies, such as rent control, once the political complexity of housing policies is considered. Second, fostering autonomy and the capacity for self-authorship requires that individuals be able to choose from a diverse set of valuable institutional designs; CLTs correspond to that ideal and bring a unique nuance to the existing options within common-interest communities. Additionally, I look at the somewhat recent legal innovations that brought CLTs to Canada and continental Europe to show that the institutional flexibility of CLTs allows them to support different visions of self-realization through ownership.

ENERGY SECURITY POLICY OF UKRAINE: STRATEGIC CHALLENGES AND INTERNATIONAL COOPERATION

The issues of energy security are among the decisive factors in determining domestic and foreign policy most countries of the world. The article is devoted to the evolution of the concept of energy security of Ukraine from the beginning of the 20th century to the present. Also raised are the problematic issues of the formation of the concept of international energy security at the current stage, which poses problems of a global nature to Ukraine, taking into account the risks that arise, which are resolved through dialogue between states. Which is especially important in the conditions of Russian aggression on the territory of Ukraine. The article analyzes the practical approach to the concept of “energy security”, reveals the main concepts of “energy security”. Based on the study of the concept of energy policy of countries that are importers, exporters and countries through which energy resources are transited, an attempt is made to identify unified approaches to the content of this concept. The analysis of the current international legislation showed the absence of a single formulation of the studied concept, which is based, in our opinion, on the difference in approaches and multifacetedness. At the same time, the authors indicate the need for a scientific analysis of this concept precisely from a legal point of view, which is justified by the need for constant regulatory support of the conditions necessary to ensure energy security. The article is devoted to the description of the main renewable energy sources and their use in Ukraine, which is dictated by the energy policy. According to experts, the potential of renewable energy sources is significantly higher than the total consumption of fuel and energy resources, which can reduce emissions of the latter into the atmosphere. Therefore, the need to immediately build a “green economy” in Ukraine is substantiated. Based on the theory and taking into account the similar experience of advanced countries, the directions, planned paths and mechanisms of accelerated development of Ukraine’s energy security policy were selected.

The Soviet-Japanese Basic Convention of 1925 (the Historic and Legal Aspect)

The paper is devoted to the problem of international cooperation between the Soviet Union and Japan in the 1920s. The author uses the method of historical and legal analysis to examine the convention on the basic principles of relations between the USSR and Japan that was adopted in 1925. The Convention was one of the first significant historical instruments of the 20th century within the framework of the development of the Russian Far Eastern political program. The author examines the document from a historical and legal point of view in order to reveal its legal component and deepen the understanding of its diplomatic significance and influence on the development of international relations in the first half of the 20th century. The paper presents historical resources on the key reasons and conditions that led to the signing of the Convention. Particular attention is paid to the analysis of the Convention’s content, basic principles of cooperation enshrined in the Convention that laid the foundations for the regulation of relations between the Soviet Union and Japan. The author also examines the consequences the Convention had for both countries both in the short and long run. The study presents the author’s standing regarding the contradictory nature of the Convention of 1925 expressed in realization by the parties of their foreign policy objectives through unequal concessions, particularly for the USSR. The contribution of the Convention to the formation of political and economic relations between Japan and the USSR in the following years is emphasized.

Из опыта организации и деятельности истребительных батальонов на Западной Украине в 1940–1950 годы

The paper reveals the regulation and practice of the activities of fighter battalions to combat nationalist gangs on the territory of Western Ukraine in the 1940s – 1950s from a historical and legal point of view. The research is based on archival materials of the Main Directorate of the Internal Troops of the NKVD, the Ministry of Internal Affairs and the Ministry of State Security of the USSR, which were introduced into scientific circulation for the first time.

Certain aspects of legal support of ESG-strategy at the enterprise

The article is devoted to disclosing, from the legal point of view, the peculiarities of implementation and application of an ESG strategy at an enterprise through local acts of the enterprise. Today’s reality for Ukraine is the forced need to live and develop under the influence of destabilizing factors. A global trend that is designed, among other things, to counteract destabilizing factors is the comprehensive implementation of sustainable development goals. A practical reflection of the implementation of such goals at the level of an individual business entity is an ESG strategy, through the implementation of which a domestic business entity will not only be able to ensure its compliance with the relevant state policy, but will also potentially be able to build a system of counteracting destabilizing factors. In addition, the implementation of an ESG strategy can contribute to the post-war recovery of Ukraine. One of the goals that can be implemented in the short term is Goal 7, Renewable Energy. Decarbonization is a partial means of solving this problem. An ESG strategy can be used to implement decarbonization processes at the enterprise level, as it contains an environmental component. In addition to the environmental component, the ESG strategy also includes economic and social components, which opens up opportunities for the implementation of almost all sustainable development goals through it. The most effective model that will contribute to the optimal provision of the legal economic order is the introduction of ESG through a combination of elements of state regulation and self-regulation, but given the overload of the state apparatus, it is still advisable to implement ESG at the level of an individual business entity through the use of self­regulation mechanisms. One of the most promising legal means for implementing and applying an ESG strategy at the level of an individual enterprise is local rulemaking. For companies that do not have a complex organizational structure, it is advisable to use a single local act - a regulation or a comprehensive company policy. For companies with a complex organizational structure, it is advisable to use such a legal structure as an internal business agreement.

A New Vision for Enhancing Women’s Leadership Role in Higher Education Decision-Making

Legal issues of gender equality and the principle of inadmissibility of discrimination against women in all spheres of life are becoming relevant worldwide, including in the Republic of Kazakhstan. This study aims to show ways to enhance the role of women in the higher education system, which is necessary to implement the principle of real equality in relationships with men, the principle of fair distribution of managerial positions without gender discrimination, and the implementation of leadership activities by women due to their managerial potential. To achieve this goal, the authors have researched this topic in a comparative legal format, comparing the practice and legal peculiarities of Kazakhstan and some developed countries. We used logical analysis, comparative legislative analysis, legal analysis, and legal forecasting. Kazakh legislative acts that promote the expansion of women’s rights while enhancing the role of women in higher education were analyzed. The practical results of the study consist in the formulation and justification of organizational and legal ways to increase the leadership role of women in higher education in the Republic. The scientific novelty lies in the previously unexplored topic of gender equality in the higher education system of Kazakhstan from a legal viewpoint. The conclusion about gender asymmetry should encourage other researchers to study this problem on a larger scale and deepen the understanding that only clearly, competently, and equally selected leaders of both sexes can positively influence the accelerated development of the higher education system and ensure the actual competitiveness of Kazakhstani universities and their graduates. Doi: 10.28991/ESJ-2024-08-05-016 Full Text: PDF

The Role of Environmental NGOs (ENGOs) in Deforestation Issues in Endau-Rompin, 1970-2000

Tropical Rainforests in Peninsular Malaysia have a very important role in social, economic, and ecological development locally and transnationally. During the British colonial period, the forests in Peninsular Malaysia were heavily exploited until the idea of conservation came into existence to avoid the depletion of forest resources in the future. The colonial government subsequently established the Forestry Department by designating certain areas as forest reserves. However, after Independence, these forest areas continued to remain under threat to the extent that it has resulted in a decline in forest cover in addition to damage, fragmentation, and degradation of forests in favour of government policies that prioritized economic development. The rush for economic growth has created a conflict between forest stakeholders, particularly the state government and environmental non-governmental organizations (ENGOs). The objective of this paper is to present the role of ENGOs related to issues in deforestation and forest protection efforts within Endau-Rompin between 1970 where the EndauRompin controversy began until the establishment of Endau-Rompin State Park (Pahang) in 2000. This study used a qualitative approach, that is primary sources such as Parliamentary Hansard and newspapers, and secondary sources such as books and journal articles. In addition, field research was carried out through the observation of forest-related activities organized by several ENGOs. The findings of the study showed that one of the most critical roles of ENGOs in dealing with the issue of deforestation is to prevent activities that damage the forest, especially legal activities that involve decisions made by the state government. The involvement and role of ENGOs can only delay or prolong the process of losing forest cover. This happens because the state government has authority over the land (forest) matters according to the Federal Constitution which cannot be disputed from a legal point of view. The efforts to save the forest can only depend on the political will on whether the state government wants to address or ignore the concerns voiced by ENGOs in issues related to deforestation.

Limits of Interference into the Human Genome

Introduction: The use of advances in genomics in practical medicine can positively affect the quality of services in the healthcare sector, as well as the results of applied medical research. Objectives: The purpose of the article is to research regulatory and scientific approaches to the concept of the human genome as an object of legal relations, as well as to determine the limits of interference into a human being’s genomic integrity. Materials and methods: Regarding the chosen subject matter of research, the author while preparing the scientific article has used materials of international regulatory legal acts, Ukrainian and foreign legal literature. To achieve the set aim, the author has used general scientific and special methods of scientific cognition. These methods combined with the scientific principles of objectivity, scientificity and reasonableness, have provided a comprehensive research of the limits of interference into the human genome. Results: The concept of the human genome, as well as its material and non-material components, have been studied from a biological and legal point of view. The private and legal nature of the human genome as a personal non-property good has been defined. The concept of the individual’s integrity, enshrined in international regulatory legal acts, has been analyzed from the point of view of its coverage of a human being’s genomic integrity. It has been established that a violation of genomic integrity is possible both by the intentional actions of third parties and as a result of genome changes due to the action of natural factors. The concepts and types of the human genome editing have been defined. The potential reasons for banning the editing of human germline cells have been critically analyzed. The legal nature of interference into the human genome from the point of view of eugenical practices has been studied. The author has studied the possibility of classifying the use of vaccines on the mRNA platform as interferences into the human genome. Conclusions: It has been concluded that there is a need to recognize the human genome as a personal non-property good, and, accordingly, as an object of private rights. The author has stated own point of view on the inadmissibility of arbitrary interference into human genomic integrity and the existing types of interference into the human genome.

Forest carbon payments: A multidisciplinary review of policy options for promoting carbon storage in EU member states

Forest carbon sinks can play an important role in mitigating climate change, but currently only a few policies exist globally where economic incentives are created for forest owners to maintain and strengthen sinks. This article aims to facilitate the design and implementation of governmental payment schemes for forest carbon uptake services by presenting a multidisciplinary analysis of the many challenges involved in such schemes and by proposing potential solutions. We assess the consequences, opportunities, and risks of carbon payment schemes from economic, ecological, social, and legal points of view based on existing literature. Our analysis is set in the context of the European Union (EU), but many of the central findings have relevance for a broader geographical area. The main economic challenges of implementing carbon payment schemes relate to potential leakage, the question of additionality, and uncertain forest-owner behavior. The most important ecological considerations include effects on soil carbon dynamics and biodiversity as well as issues of non-permanence and forest resilience. Our exploration of the social acceptance of carbon payments among the general public, key market actors such as forest owners and forest industry, and other stakeholders suggest that both the process of developing the scheme and its details are significant. Further, our legal analysis indicates that central challenges for carbon payment schemes within the EU rise from the requirement to comply with competition and state aid regulations. Finally, we synthesize our findings and suggest a two-step approach for introducing public carbon payments in an EU member state. Initially, the scheme could be launched via De minimis aid or the new aid scheme (GAFSRA). A low carbon price could be applied to moderate market effects, and the payments could be limited to additional carbon storage only. Peatlands, where tradeoffs exist between tree biomass carbon and soil carbon, should initially be excluded from the standard payment scheme, and regulated with command-and-control instruments and measure-based payments instead. In the future, an improved knowledge base and institutional changes may enable schemes that encompass all ecosystem carbon pools on all relevant soil types and create optimal incentives for both forest management and land-use choices by pricing all land-based sinks and emissions. Such schemes could utilize, e.g., cap-and-trade instruments and be complemented by import tariffs to control carbon leakage.

Райдшеринг: проблемы правовой регламентации в России

Ridesharing is the joint movement of several individuals in a single vehicle along a route defined by the vehicle owner. From a legal point of view, this agreement can be regarded as an unnamed joint travel contract. The development of ridesharing is facilitated by the widespread use of smartphones and platforms providing digital services. The main purpose of ridesharing is to save financial resources and to improve the environment by reducing the number of cars on the road. The transport legislation of a number of countries has introduced norms on the legal regulation of shared travel. In the Russian Federation it is necessary to clarify the regulatory framework in this area, as the lack of legal regulation leads to abuse of the right. The purpose of this study is to assess the possibility of legitimisation of ridesharing, to analyse the draft law developed by the Ministry of Transport of the Russian Federation on amendments to the Statute of Road Transport concerning the legal regulation of joint travel, to propose legal measures. The author has developed proposals on the definition of joint travel and ridesharing agreement, defined the legal nature of the agreement, reflected the positive and negative sides of the use of joint travel, analysed foreign experience of their legal regulation.

Legal and Judicial Problems for Divorce According to Algerian Law

Divorce is the dissolution of the marital bond between the parties, and it is either retroactive or irrevocable with minor or major evidence. It is one of the most frequently raised issues before the judiciary and raises many problems, the most important of which is the issue of proving divorce, especially with the ambiguity surrounding some of the articles that the legislator singled out for the issue of divorce and the difficulty of applying it judicially. However, it is shrouded in some ambiguity, especially with the existence of Article 49 of the Family Code, which considers that divorce can only be established by a ruling. Is the judgment in this case considered revealing or decided? Also, once a divorce from the husband occurs, its effects are achieved by dissolving the marital bond and the wife’s waiting period. This is from a legal point of view, but this contradicts what is stated in the legal texts. What are the procedures, if any?

Влияние выдачи отгрузочной разнарядки на динамику транзитного обязательства

Transit trade in modern conditions is a popular civil law mechanism that allows reselling goods or providing intermediary services for their sale without storing or even accepting goods by this person. This feature allows you to reduce the costs associated with unnecessary delivery of goods and their storage by making only one delivery to the final consignee. From a legal point of view, the mechanism under consideration has its own characteristics, the main of which is the interaction during the transfer and acceptance of goods by entities that are not related to each other by any legal relationship. This situation became possible due to the possibility to specify the consignee in the contract or shipping order. The impact of the issuance of such a discharge on the legal relationship within which it is issued is considered in this article.

A Deep Learning Approach to Investigating Clandestine Laboratories Using a GC-QEPAS Sensor

Illicit drug production in clandestine laboratories involves the use of large quantities of different chemicals that can be obtained for legitimate purposes. The identification of these chemicals, including reagents, catalyzers and solvents, is crucial for forensic investigations. From a legal point of view, a drug precursor is a material that is specific and critical to the production of a finished chemical and that constitutes a significant portion of the final molecular structure of the drug. In this study, a gas chromatography quartz-enhanced photoacoustic spectroscopy (GC-QEPAS) sensor—in conjunction with a deep learning model—was evaluated for its effectiveness in the detection and identification of interesting compounds for the production of amphetamine, methamphetamine, 3,4-methylenedioxymethamphetamine (MDMA), phenylcyclohexyl piperidine (PCP), and cocaine. The GC-QEPAS sensor includes a gas sampler, a fast GC for separation, and a QEPAS detector, which excites molecules exiting the GC column using a quantum cascade laser to provide the infra-red (IR) spectrum. The on-site capability of the GC-QEPAS system offers significant advantages over the current instruments employed in this field, including rapid analysis, which is crucial in field operations. This allows law enforcement to quickly identify specimens of interest on site. The system’s performance was validated by taking into account the limit of detection, repeatability, and within-laboratory reproducibility. The results showed excellent repeatability and reproducibility for both the GC and QEPAS modules. The deep learning model, a multilayer perceptron neural network, was trained using IR spectra and retention times, achieving very high classification accuracy in the testing conditions. This study demonstrated the efficacy of the GC-QEPAS sensor combined with a deep learning model for the reliable identification of drug precursors, providing a robust tool for law enforcement during criminal investigations in clandestine laboratories.

Transport statutes in the system of sources of law of Ukraine

The article is devoted to the issues of transport statutes as sources of transport law of Ukraine, their validity and ability to effectively regulate social relations in the field of railway, road, and inland water transport, taking into account the changes that have occurred in social, political and socio-economic life over the past time on the restoration of Ukraine’s independence in 1991. The author analyzes the formal preservation of the validity of the relevant legislative acts of the Soviet era, taking into account the normative legal acts adopted in 1991 on a legal succession of Ukraine. The author emphasizes that from a formal and legal point of view, the transport statutes of the Soviet era remain valid, however, due to the contradiction of a significant part of their norms with the legislation adopted later, these normative legal acts are increasingly losing their legal influence on social legal relations and are subject to the action of such a phenomenon as “forgetting the rules of law”. At the same time, it was noted that proposals to abandon transport statutes in favor of a cumbersome codification of transport law norms (by raising the norms of statutes to the level of law) are irrational since an overly detailed Transport Code of Ukraine or codes of laws in the fields of road, rail or inland water transport will not be simple in use and will not meet the technical and legal requirements to the law. As a result, the author concludes that transport statutes in general are necessary regulatory legal acts. Still, their current editions are to a large extent morally outdated and such that they urgently need a radical revision to bring them into line with the changed norms of the legislation of Ukraine and take into account the need for adaptation of the national legal system to the law of the European Union. Thus, the application of their current editions in practical activities should be carried out after a thorough legal examination for the relevance of certain provisions.

THE LEGAL CONCERNS OF THE SETTLEMENT DISPUTES BY THE COUNCIL ON THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

Background: The International Civil Aviation Organization (ICAO) is a “Club” of sovereign States. ICAO is a specialised United Nations agency (UN) with 193 Member States. If a dispute between these States and the diplomatic channels does not find a mutual solution, disagreement arises; however, the ICAO Council has an essential function in settling disputes. This settlement procedure is structured under the Chicago Convention (1944), the Rules for the Settlement of Differences (1957) and the Rules of Procedure for the Council (1969). However, Member States do not welcome these provisions, demonstrated by the scarcity of dispute settlement procedures before the ICAO Council in the last 80 years. This article introduces these legal disputes and looks for justifications based on the nature of the cases. The Council is a unique permanent body within ICAO. Although ICAO in the former century became rather a political (diplomatic) body upon its foundation, that is why the absence of successfully concluded dispute resolutions is a legal viewpoint that is more than interesting. This research paper reveals examples of the lack of effectiveness of the ICAO Council’s dispute settlement, focusing on the nature of the State’s interests and the outcomes of the procedure, furthermore, the role in these disputes in front of the International Court of Justice (ICJ) or arbitration. Methods: This article focuses on understanding and analysing the historical context, international cooperation and diplomacy, and the regulatory landscape of dispute resolutions and settlements. The search was based on databases, academic journals, and official publications from aviation authorities and organisations such as ICAO. The research utilised qualitative and quantitative methods based on empirical observations and examinations (document analysis and case studies). Results and conclusions: The ICAO Council has rule-making, judicial and administrative functions. It is a quasi-judicial body, and its President has the authority to settle disputes among the contracting States. However, if we look at the history, in the last 80 years, only 10 cases were handled by the ICAO Council. The main reason for the lack of ICAO Council dispute settlement decisions is the growing diplomatic (political) function of the ICAO Council. Aviation is a crucial commercial activity for every State, meaning the aviation industry is determined by political interests and decisions. Such political interests and subtle international relations often prevent States from submitting themselves to binding legal procedures. Another reason for fewer disputes before the ICAO Council is the need for more provisions and rules to support transparent and legally binding decisions. The current rules are neither appropriate nor comprehensive enough and cannot be executed in the same manner as court decisions. In addition, the ICAO Council’s decision can be appealed to non-ICAO bodies such as the International Court of Justice. Therefore, it is highly recommended that the whole processual mechanism be revised or that a new, dedicated judicial body with clear legal status, jurisdiction, and competence for dispute resolutions be created.

The impact of microtransactions on the gamification of digital games

This article explores the impact of microtransactions as a form of monetization of game content and further gamification of digital games and video games. The relationship between gambling and monetized video games is considered, as well as the essence of gamblification of video games as a form of media convergence and the practice of spreading gambling in society. The main subject of the study is the question of whether the use of monetized game content leads to gambling addiction, since, unlike gambling, which under the laws of most countries is allowed to be accessed upon reaching the age of majority, monetized game content does not have age restrictions, and thus can affect not yet formed child (adolescent) psyche. Despite the fact that microtransactions in the gaming industry can provide additional streams to support video game development, research also shows the presence of so-called «predatory» monetization schemes. The article presents experimental studies of simulated gambling (such as social casino games, loot box purchases, etc.) by adolescents and their transition to gambling after reaching adulthood. Emphasis is placed on various approaches to gamification of digital and video games. From the position that microtransactions in video games do not affect later cognitive behavior and do not lead to gambling tendencies, to the fact that microtransactions have a negative effect on video game culture because they not only lead to addiction, but also create an imbalance in the gaming community. The latter is explained by the fact that it often takes several tens of hours to achieve something in a digital game, microtransactions allow you to reduce this time to a minimum for a certain amount of money. In any case, this issue is difficult not only from a social and psychological point of view, but also from a legal and economic point of view, and therefore requires additional research.

Comparative Analysis of the Crimes Committed Under the Provoked Temporary Insanity Legislation of Georgia and Germany

The Crime committed under the provoked temporary insanity is one of the most difficult issues of Criminal Law, it does not belong solely to the field of Law, but with it in close interaction are, psychology, psychiatry, public ethics, morality, politics and many other fields, therefore, it requires an interdisciplinary and dimensional approach, i.e. consideration in the context of the Dimension Theory. The work discusses the Criminal Law approaches of both Georgia, Germany and Common Law countries to the provoked temporary insanity crimes and, with by means of the comparative research method, the interconnection between them is analyzed. Based on the mentioned studies, such recommendations are offered that will make the attitude of Criminal Legislation and, in general, of the Criminal Law, towards the different types of the provoked temporary insanity crimes reasonably liberal and relevant to modernity. Number of essential problems were identified when studying the judicial practice and theory on the research topic; for example, regarding the differentiation of necessary self-defense and the provoked temporary insanity crimes. In addition to legal standards, moral standards are also relevant, showing signs of gender discrimination and are irrelevant from a legal point of view. For the development of the country and to establish our place in the European family, the psychological and moral readiness of the society to form an anti-discriminatory and non-violent ideology is necessary. Legislative and judicial authorities play the leading role in developing all the aforementioned. In addition, if we support this with scientific research, effective educational measures, the public awareness will also be significantly raised.

Pertanggungjawaban Pidana Bagi Anggota TNI Yang Menjual Amunisi Ke KKB Papua Terhadap Disparitas Putusan Pengadilan Yang Berbeda

Introduction: The misuse of ammunition by Indonesian National Army personnel by selling to Separatist Armed Criminal Groups in Papua is an important concern for Indonesian National Army leaders and emphasis from the upper command if there are Indonesian National Army personnel who misuse firearms and ammunition to be processed in accordance with applicable law.Purposes of the Research: Analyse and formulate the criminal liability for Indonesian National Army members who sold ammunition to Papuan KKB separatists against the disparity of different court decisions.Methods of the Research: Normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials through literature studies and then analysed through perspectives using qualitative methods.Results of the Research: Criminal liability for a defendant, especially in the case of misuse by selling ammunition to the Separatist Armed Criminal Groups in Papua against different verdicts (disparity of verdicts) must be seen from a legal point of view and standards applicable in the military, in the context of the Indonesian National Army selling ammunition to the Separatist Armed Criminal Groups or to Separatist Armed Criminal Groups sympathisers must get a fair legal process and the decision is based on the evidence presented in accordance with the legal facts. Although the legal process in court must run fairly and objectively, it is possible that court decisions can be different in the same case and the same article.

Normative framework of Catholic institutions of higher education

Catholic institutions of higher education are in the world with a purpose that stems from an identity rooted in the life and the faith of the Church. Their reality is partially constituted and guided by a set of principles and rules of law. This ‘normative framework’ defines the path of each university toward the common good. Norms are also essential for stabilizing the life of these organizations and for protecting their identity and mission throughout time. This article presents a summary of that normative framework, to furnish a specific perspective—the legal point of view—for observing, understanding, and assessing the reality of these institutions. The article starts with a reflection on general issues that foster such an understanding and then proceeds to present the principles and norms that constitute such normative framework: natural and divine positive law, public international law and state law, and, finally, the basic norms of Church law: the Code of Canon Law (1983), the Code of the Canons of Eastern Churches (1990), and the Apostolic Constitutions Ex Corde Ecclesiae (1990) and Veritatis Gaudium (2017), with some reference to its predecessor Sapientia Christiana (1979).