Legislative Sources Research Articles

Foreign Policy of the Union State: Latin-Caribbean Direction of the Russia-Belarus Integration

The research is aimed at studying the Union State foreign policy in the Latin-Caribbean direction in new geopolitical conditions and its role in the emerging architecture of world economy and geopolitics. The mechanism for implementing the Union State foreign policy has been determined. It is shown that the external contour of the Russia-Belarus integration is not the sum of foreign policies, but is being implemented within the framework of their legal framework: pursuing a coordinated foreign policy, the parties maintain a flexible approach and are not limited by the framework of the foreign policy institutions of the Union. The author presents basic areas of project cooperation between Russia, Belarus and the states of the Latin-Caribbean region establishing priorities of cooperation.Aim. To appraise the significance and potential of Latin-Caribbean direction in the Union State foreign policy in the current conditions of economic turbulence and geopolitical escalation.Tasks. To identify the main areas of cooperation, to analyze current trends and influencing factors, and to determine the prospects for interaction.Methods. A combination of general scientific theoretical and special methods is used. The method of comparative analysis and the logical method are of prime importance. When working with regulatory and legislative sources, the normative method is used.Results. The potential of cooperation between the Union State and the countries of Latin-Caribbean America has not been fully realized, however, an accelerated diversification of partnership between the countries is being practiced as well as an expansion of areas of interaction based on economic feasibility and political motivation.Conclusions. Under current conditions of global political and economic turbulence, the Latin-Caribbean direction of the Union’s foreign policy is an important part in building effective international cooperation and developing new trans-regional logistics routes.

Consistory and Youth Surveillance in the Republic of Geneva: The Case of Games (16th–18th Centuries)

This article explores the theme of youth gaming in the Calvinist Republic of Geneva. This investigation is largely based on disciplinary cases found in the registers of the Consistory of Geneva. Legislative sources, and the registers of the Pastor’s Company and the Small Council, are also used herein. This study, deliberately placed at the crossroads of the history of games, childhood, and Calvinist-style ecclesiastical discipline, aims to shed light on the Consistory’s policy of controlling play activities, and to understand what was at stake. The author defends the idea that the surveillance and control of games played by children was intended to prevent them from straying from their religious education, but also to protect them from the excesses and dangers of abusive play and immoderate behavior (violence, lost money, insults, etc.).

“Interesting Cases”: On the Problem of Embezzlement in the Russian Army of the 18th – Early 19th Century

The article is written mainly on the materials of military court cases from the Russian State Military Historical Archive, as well as regulatory and legislative sources. The author examines property crimes within the Russian army from a socio-cultural perspective. The author concludes that the tools and practices that served as constraints in plundering money and resources have evolved over several decades. The practice of intimidation and capital punishment, which originated under Peter I, very quickly proved to be uneffective. As a result, by the middle of the 18th century, a system was formed so that, aside from the usual financial liability of the perpetrators, criminal and disciplinary penalties, it was effectively complemented by the principle of the command vertical liability in the matter of compensation for damage, which gave it a special corporate character. A specific attitude towards damage also facilitated this. The claim arose from a specific military unit, not from the treasury. This damage could not be forgiven even by the emperor. Measures such as sequestration of the culprit’s real estate and extending material claims to their heirs further reinforced the corporate identity of the regiment’s property.

Zoning of the Lower Volga Region and Formation of Territory, Okrug, District and Rural Bodies of Soviet Authority in 1928: First Stage

Introduction. The article examines the process of formation of the Lower Volga region and Soviet authorities at the level of regional, district, and rural administration at the first stage of zoning (before the liquidation of okrugs). Methods and materials. The research was carried out based on traditional methods of historical research (historical-genetic, retrospective, historical-systemic, and historical-comparative). The use of an array of unpublished archival documents stored in the State Archives of the Volgograd Region and the Documentation Center for Contemporary History of the Volgograd Region, and materials from periodicals and legislative sources of government bodies of the USSR and the RSFSR, greatly facilitated the research process. Analysis. The study is aimed at identifying the regional specifics of the zoning process and the accompanying process of formation of Soviet authorities (at the level of councils and executive committees of councils of the Lower Volga region). Results. The zoning of the Lower Volga region already at the first stage revealed a range of problems, the systematic solution of which in the future will make it possible to transform the agricultural region into the industrial center of the Volga region. In the process of reform, along with positive aspects – the reduction in cost of the management apparatus, the bringing closer to the population of Soviet authorities endowed with significant powers (district executive committees and councils) – there were also clearly negative consequences. The distance of rural councils from middle management and the consolidation of individual rural councils, on the one hand, led to the planned reduction of hardware costs but, on the other hand, excluded remote villages from active public life. Districts became the main operational unit of economic and Soviet work in the region. There were several issues to address, including the imbalance between districts with different population sizes, from small ones with just over 2,000 people to large ones with populations approaching 100,000. Additionally, there was a lack of communication between administrative units and personnel problems, which emerged as a significant hurdle in the development of district and rural Soviet administration at the second stage of zoning (in the conditions of the liquidation of okrugs).

The concept of internet rights policy in Indonesia: A comparison from United States, European Union and Malaysia

The regulatory framework related to internet access is one of the criteria that influences a country’s level of digital competitiveness. Valuable lessons need to be learned from countries that have a better level of digital competitiveness than Indonesia. This article proposes a concept for regulating internet access rights in Indonesia in the era of digital transformation to increase Indonesia's digital competitiveness. Research methods used are analytic normatiques with a normative- based approach that USES secondary data sources of legislation, legal theories, principles of law and opinions by scholars. Research shows that there is a correlation between the framework's regulatory levels as a sub-grading factor with a country's final digital competitiveness rating so that a legal certainty can determine a country's digital competitiveness level. Indonesia has, to date, almost no certainty of the law. In contrast with countries in the United States, the European Union, and Malaysia, which already have clear, unequivocal legislation and regulation that govern Internet privileges.

Criminal Liability by the Company in the Implementation of Occupational Safety and Health Management System

The purpose of this research is to find out how companies can be held accountable for their violations of the occupational safety and health management system. This research was conducted qualitatively using empirical data and legal sources of legislation. This research was conducted at the South Sulawesi Provincial Manpower Office and BPJS Employment Makassar City Branch. The results show that businesses can be criminally liable if they commit errors or omissions, such as not reporting work accidents, not registering employees in the BPJS employment social security program, and not having OHS certification for employees and operators. Criminal liability accepted by organisations includes imprisonment. In addition to criminal penalties, companies may also face administrative reprimands or fines. If companies do not implement an Occupational Safety and Health Management System, they must receive a warning. If the company does not follow the warning, the Indonesian Law No. 8 of 1981 on Criminal Procedure Law will be applied, in accordance with the provisions in PERMA No. 13 of 2016 on Procedures for Handling Criminal Cases by Companies. Companies that do not implement the Occupational Safety and Health Management System will be subject to imprisonment for a maximum of 3 months according to Article 15 of Law No. 1 of 1970 on Occupational Safety and Article 186 of Law No. 13 of 2003 on Labour.

Performances of the e-Nauka Portal in the Republic of Serbia and Its Significance for Researchers

In recent years, digitalization has been recognized as a significant and necessary process that leads to better results, both in the education and in the scientific research. The legal and strategic framework in the Republic of Serbia follows the modern trends of the concept of open science, open knowledge, digital transformation and a unique digital format of scientific production. The Ministry of science, technological development and innovation, in cooperation with the Office for information technology and electronic administration, created the necessary conditions for dynamic the development of the scientific research and innovation system, especially in relation to the digitalization process and the establishment of an information platform, in the form of a unified national information system of scientific research activities: eNauka [eScience]. The concept of eNauka is an innovative tool that improves the efficiency and transparency of scientific processes in Serbia. The eNauka portal in the Republic of Serbia is dedicated to promoting scientific research, innovation and academic achievements within the scientific community of the Republic of Serbia. This portal provides access to scientific articles, research papers and academic publications authored by researchers from Serbia, which enables the spread of knowledge and the encouragement of scientific cooperation within the country. The eNauka portal was opened in full capacity for all active researchers in Serbia on July 3, 2023, and contains data on scientific research organizations in the Republic of Serbia, researchers and their scientific results. The goal of this paper was to bring closer to the academic community the capabilities and performance of the eNauka portal, its structure, the way and importance of data editing, with special reference to issues related to researchers’ profiles and their editing. The paper is methodologically based on a theoretical, preliminary desk analysis of relevant contemporary standpoints in domestic and foreign theory, a normative analysis of current legislative sources, an inductive and deductive approach in researching the operational performance and advantages of the eNauka portal, as well as the quantitative analysis of relevant statistical indicators of relevant parameters regarding the profile that each researcher has on the eNauka portal. The results include the analysis of data related to editing the researcher’s profile and the opportunities offered by the eNauka portal. The conclusion refers to the importance and advantages of the eNauke portal. Finally, it should be noted that one of the key functions of eNauka is the evaluation of scientific results. More precisely, the system provides the possibility of monitoring and evaluating research results, which is of great importance for the academic community.

Групповые иски в Канаде

The article is dedicated to class actions and class litigation in Canada. Initially evolved from legislative sources of England and the USA, class litigation in Canada has received independent and original development. The profound reform in Ontario that took place in July 2020 made significant amendments to Class Proceedings Act, 1992, which reflect the latest achievements in the field of class litigation. The latest changes in this Act are analysed in the article. Moreover, the following questions are raised: certification and authorisation as class proceedings, necessary to confirm the group for class action, its multiplicity, necessary to form the class action, questions of preferability of group procedure (predominance and superiority) and native language in class litigation. Special point of research is question of costs in class litigation, which has peculiar features in Canadian class action law. They consist in refusal to compensate the judicial costs or in compensation by third-party investor company or by the state (state funds). These approaches offer a fresh look at the problem of compensation of judicial costs in class litigation. The experience of Canada can be used in certain boundaries in Russia.

بلاغة الحذف فى صحيح البخاري الشريف: دراسة بلاغية

The Holy Quran and Noble Hadith are not only the first and second primary sources of Islamic Legislation but also considered as the primary sources in grammar, eloquence and rhetoric. Arabic language has contributed a lot in the fields of literature and research. The Holy Quran; the miraculous word of Almighty Allah was revealed in the Arabic Language, a challenge for the Arabs in eloquence and rhetoric. Furthermore, the Holy Prophet (Peace be upon him), was the most eloquent among the Arabs and Sunnah is the second primary source of Islamic Legislation. Sunnah has a great status among Muslims. I decided to study the deletions and appreciation in the sayings of the Prophet(Peace be upon him) choosing as a model for this study from the books of hadith, i.e Sahih al-Bukhari, the most authentic book after the Book of God Almighty. I made an inventory of the Ahadis in which the deletion occurred. Moreover, I decided to study the subject of the rhetoric of deletion in the sayings of the Prophet (Peace be upon him), choosing as a model for this study from the books of hadith, and I chose Sahih al-Bukhari as the most authentic book after the Book of God. I studied the term deletion linguistically and terminologically, then I mentioned the four types of deletion, and then the reasons for deletion and its purposes in the noble Prophet’s hadith.

Recording the Sunnah and the orientalists' suspicions about it - a critical study

Suspicions regarding the Prophet’s Sunnah and its codification are numerous, including those of the Orientalists. Considering that the Prophet’s Sunnah is the second source of Islamic legislation, it is necessary to respond and eliminate any suspicion raised so as to prevent the realization of those malicious aspirations. From this viewpoint, I provide an overview of Orientalism at the beginning of my paper, delving into the reason for their interest in creating suspicions about the Sunnah and its codification. I have devoted the first chapter to discuss the stages of codifying the Prophet's Sunnah, by clarifying it in three stage, as the codification of the Prophet's Sunnah passed through three stages, namely: the stage of codification during the Prophet's era, then the codification during the era of the Companions, and then the codification during the era of the followers Also known as Al-Tabeen. In the second chapter, I define suspicion and the term Orientalism linguistically and as an idiomatic concept, then I mention a group of suspicions raised by the Orientalists and address them. Finally, the paper concludes, through this modest research, the importance of responding to the suspicions of the Orientalists about the codification of the Prophet's Sunnah, and that silence and failure to respond to their suspicions increases the gravity of these suspicions, especially in this age, where there is great exposition, many views, and abundant suspicions raised about Islam as a religion, and about the Sunnah and The Prophet as a reliable source in this true religion.

A Second Violation of the Sharia Provision: Egypt’s SCC’s Ruling of 12 May 2013, in the Case No. 37/xxxiii (Annotated and Translated)

Abstract In mid-2013, Egypt’s Supreme Constitutional Court found a statutory provision in force at the time of the decision to be in violation of the constitutional provision declaring the principles of Islamic sharia the chief source of legislation (Article 2). It was the second time since the provision was originally introduced in the Constitution in 1971 and later amended in 1980. It had only happened once before, in 2006. In the ruling considered here, the Court confirmed its conventional construction of Article 2, and declared that in the case at hand the legislator had simply overstepped its boundaries by restricting the exercise of the grandparents’ visitation rights to the case of the absence of parents. In the eyes of the Court, the legislator was entitled to regulate grandparents’ visitation rights, but in doing so it did not properly align its intervention with the overall objectives of sharia (maqāṣid). The ruling was issued in a relatively peaceful phase that followed a fierce and prolonged confrontation between the Court and Islamists the previous year.

ON EQUALITY OF THE PARTIES WHEN RETURNING A CRIMINAL CASE FROM THE MAIN TRIAL STAGE TO THE PRELIMINARY HEARING STAGE

The author of the article, who took part in the constitutional proceedings as an expert, sets out the key provisions of her conclusion at the preliminary stage of consideration of the appeal to the Constitutional Court of the Republic of Kazakhstan by citizen R.A. Naushabayeva. Reasoned provisions, conclusions and recommendations of the expert opinion prepared by him are presented, based on the analysis of relevant international and national regulatory legal sources of legislation, the study of special literature and the doctrinal interpretation of the relevant norms of legislation in the field of criminal and criminal procedural law.

К истории концепта “Общество как государственное установление”: Памяти Дитриха Гайера (1928-2023)

Dietrich Geyer’s article “‘Gesellschaft’ als staatliche Veranstaltung. Sozialgeschichtliche Aspekte des russischen Behördenstaats im 18. Jahrhundert,” had a significant impact on both German and American historiography, which is not the case with the Soviet historiography of the 1960-1980s. Nevertheless, late Soviet and early post-Soviet historiography was preoccupied with the same problems of the relationship between “state” and “society” in Imperial Russia and sometimes followed the line of D. Geyer’s thinking. In the 1990s, when the “grand narrative” of modernization was called into question, historians engaged in a polemic about the very productiveness of the opposition of “state” and “society” as categories of historical knowledge. They turned to the local level of late imperial Russian society, or adopted new methods of examining legislative sources, avoiding access to “backwardness” or “underdevelopment,” preferring to examine the language and rhetoric of eighteenth-century documents.

العرف كمصدر تشريعي وأثره في إطار الشريعة الإسلامية والقانون الوضعي

This research aims to shed light on customs as a legislative source in both Islamic and statutory law. Customs are considered one of the legislative sources under the provisions of Islamic Sharia and statutory law, and they have an impact on both, in addition to the authority they hold as evidence. The research examines the advantages, pillars, and effects of customs. Islamic scholars have paid significant attention to customs, setting regulations for them, and considering them a legitimate source as long as they do not contradict a definitive text or legitimate evidence. Customs have also influenced secular laws and have been an important source for them. Unlike statutory law, customs in Islamic jurisprudence are subject to strict conditions, whereby the beneficial custom is approved, and the harmful one is annulled. However, secular law, which makes custom binding on individuals, may adopt both beneficial and harmful customs due to the lack of distinction between them, provided they are consistent with the law and do not contravene public order. Islamic jurisprudence requires the presence of the moral element in customs, without addressing the material element, unlike secular law which requires the presence of both material and moral elements. As a result of the variations in customs within a single country according to regions, the legal unity of customs is negated, contrary to the law. Additionally, some sections of the law do not align with customs, as is the case with penal law where there is no punishment except by text, whereas custom is considered in private, international, civil, administrative, and constitutional law. The study recommends examining examples and applications based on customary practices, since customs are not documented. It suggests that authorities responsible for issuing fatwas and judicial decisions document the prevailing and practiced customs among individuals to rely on them during judgments, fatwas, and dispute resolution.

Kepentingan Menganalisis Status Perawi Hadis Dengan Neraca Ilmu Al-Jarh Wa Al-Ta’dil: Tumpuan Terhadap Status Periwayatan Abu Hanifah

Hadith is the second source of Islamic legislation after the Quran. Due to the importance of this matter, scholars have given significant attention and concern to ensuring the authenticity and validity of the transmission of each hadith. Various branches of Hadith studies have been organized and established by scholars to ensure that this goal is achieved. Among the most important branches of Hadith studies is the science of al-Jarh wa al-Ta'dil, which discusses the credibility of a hadith narrator to determine whether their narration is directly accepted, accepted with supporting evidence, or rejected. Many hadith scholars discuss the science of al-Jarh wa al-Ta'dil, and they undoubtedly have their own research methods.Imam Abu Hanifah, on the other hand, is a prominent figure in the field of Islamic jurisprudence and has a number of hadiths attributed to him. Therefore, he cannot escape the comments of scholars of al-Jarh wa al-Ta'dil and their views on the credibility of Imam Abu Hanifah in narrating hadiths. This article aims to uncover the importance of assessing the status of a hadith narrator using the scale of al-Jarh wa al-Ta'dil. This study uses library methods to gather information on the comments of al-Jarh wa al-Ta'dil regarding Imam Abu Hanifah, and then analyzes the methods of scholars in their evaluation of his status. This study is expected to clarify the importance of analyzing the status of hadith narrators according to the scale of al-Jarh wa al-Ta'dil.

Urban Population of Nizhny Novgorod in First Half of 1920s: Leisure Practices

This study examines the leisure activities of Nizhny Novgorod residents during the NEP era. Various forms of urban leisure and their connections to state ideology are characterized. A total of 31 sources were analyzed, including legislative sources, statistics, and periodicals. Sources included articles from criminal and administrative codes, statistical data, and Nizhny Novgorod press. An overview of Nizhny Novgorod periodicals from 1921-1924 is provided. Results of a comparative analysis of legislative materials, statistical data, and periodicals are presented. Emphasis is placed on the ways and methods of shaping urban culture in line with state ideology. The issue of deviant behavior among city dwellers and its causes is raised. It is highlighted that new holidays aimed to replace religious celebrations. The study shows that the values of the urban community were influenced by ideological beliefs and spread through new leisure forms. It is proven that the structure of urban festivities contributed to the establishment of new societal values. The authors conclude on the significance of organized leisure in creating a socio-cultural urban environment. The role of periodicals in popularizing urban leisure forms is demonstrated. The relevance of the study lies in exploring the connection between ideology and the organization of urban leisure.

The Origin of Esotericism: An Analysis of the Ismaili Esoteric Approach to Qur’anic Interpretation

This study examines the Ismaili method of interpreting Qur’anic verses, focusing on their esoteric hermeneutics. The Quran serves as a fundamental legislative source for various theological factions, each seeking to substantiate their claims by referencing its verses. It also stands as a principal source for muhaddithin, fuqahā (jurisprudents), and others, contributing to the emergence of tafsir, a discipline aimed at elucidating the Quran's meanings and intentions. Consequently, different schools of interpretation, or tafsir, have developed over time. One strand of interpretation adheres to the literal meaning of the text, known as Zāhir, while another explores mystical or esoteric meanings, termed Bātin, occasionally without strong support from Arabic language or Qur’anic and Hadith evidence. Among Shiite sects, the Ismailis distinguish themselves as one of the most enduring, recognizing Ismail bin Ja'far al-Sādiq as their Imam and establishing influential states in Islamic history, such as the Qarmatian state in Bahrain (899–1077) and the Fatimid Caliphate in North Africa (909/1171). To thoroughly investigate this subject, a qualitative research approach is proposed. Given the historical and theological nature of the topic, qualitative methods, such as textual analysis and historical research, facilitate a comprehensive exploration and interpretation of complex phenomena. The findings of this research indicate that Ismailism has heavily relied on the esoteric interpretation of Qur’anic verses since its inception, aligning with Ismaili belief systems, with Qur’anic verses assuming a more significant role than Hadith in their doctrinal framework. The essence of this article lies in delving into the Ismaili approach to esoteric hermeneutics, predominantly drawing from the sect's primary sources.

THE SIGNIFICANCE OF THE LAW ON AMICABLE RESOLUTION OF LABOR DISPUTES AND THE REVIEW OF THE PRACTICE THUS FAR

During the work process, numerous instances of dispute regarding the positions of the employees, or the interpersonal relations between them or between them and their employer may arise. In addition to the traditional judicial method of labor dispute resolution, it is necessary to develop independent and impartial negotiation mechanisms between the parties in the area of individual and collective labor disputes. In Serbia, these are certainly the arbitration settlement of individual and collective labor disputes, and conciliation as a method of resolving collective labor disputes within and through the Republic Agency for Peaceful Settlement of Labor Disputes. There are many benefits to peaceful labor dispute settlement. The goal of supplementary procedures, i.e. procedures for peaceful labor dispute resolution, is to relieve the traditional judicial approach and direct it to the procedures where a judicial settlement of the dispute is truly necessary. Besides the concept, advantages and characteristics of the amicable labor dispute settlement procedures, certain types of these procedures such as mediation, conciliation and arbitration are also analyzed in the theoretical section of this paper, as well as the most important provisions of the Employment Act and the Law on Amicable Resolution of Labor Disputes. In the research section of this paper, the practice of the Republic Agency for Peaceful Settlement of Labor Disputes in the procedures of amicable labor dispute settlement, both for the territory of the Republic of Serbia and the territory of the City of Novi Sad, is analyzed. The primary research data source was the official data of the Republic Agency for Peaceful Settlement of Labor Disputes. The paper is methodologically based on a theoretical analysis of relevant contemporary theoretical views, a normative analysis of legislative sources, and a quantitative analysis of statistical indicators in the domain of the research subject.

Романовы на Кавказе в отражении письменных источников XIX – начала XX вв.

The article discusses the visits of representatives of the Romanov dynasty to the Caucasus and their influence on the life and customs of the mountain peoples of the Northern Caucasus. To at-tain this goal, a combination of legislative, administrative, personal history sources, and infor-mation from periodicals were used. Each type of historical source helped shed light on the unique nature of these relationships, highlighting their significance for both the Romanovs and the moun-tain peoples. Legislative sources allowed for the detailed examination of agrarian reforms, show-ing that despite Alexander II’s assertion of projects to grant land to the mountaineers, and thus be-coming law for all subjects of the Russian Empire, under pressure from the mountaineers who identified many flaws in these projects, the government was forced to reconsider the results of the reform and make significant amendments to the final version of landownership and land use in the Northern Caucasus. The memoirs of S. Siukhov depict one of the most tragic episodes of the Cau-casian War: the meeting of Emperor Alexander II with representatives of the Adyghe peoples, which ended in a new confrontation. The majority of Adyghe society chose departure to Turkey over relocation to the plains. Administrative sources described Alexander III’s meeting with rep-resentatives of the Kabardian and Balkar peoples, which resulted in the granting of alpine mead-ows to mountaineers.

Medical Ethics in Perspective of Islamic Teachings

Summary: Islam as a universal religion, presents a comprehensive and practical system of ethics for the entire humanity in every field of life. Medical ethics is one of the most important components of this extensive ethics system. Islamic medical ethics is the approach of dealing with and handling the healthcare practice and process according to the Islamic moral system and legislative sources (primarily ‘The Quran’ and ‘Hadith’). It is also adopted and promoted by several international organizations. Islamic ethics endorses the basic principles of biomedical ethics, i.e. Beneficence, non-maleficence, confidentiality, justice, truth-telling, autonomy and informed consent, which have been mainly derived from the “Hippocratic Oath”, with some additions and modifications. Moreover, Islamic teachings present some additional moral values over these basic ethical principles. The present manuscript aims to concisely highlight the evolution and history of bio-medical ethics, briefly describe its basic concepts and focus on the influence of teachings, principles and characteristics of Islam on this important aspect of medical practice. In the end, some important relevant topics such as the general responsibilities of the doctor, protection of life, legal status of treatment and status of treatment with prohibited substances, in the light of Islam, are also discussed briefly. Keywords: Medical ethics, Hippocratic Oath, basic principles of ethics, Islamic perspective.