Method Of Legal Analysis Research Articles

Algorithms and Human Rights: The Impact of AI Technology on the Protection of Individual Rights

This study examines the impact of artificial intelligence (AI) algorithms on the protection of individual rights, with a focus on transparency and accountability. The research aims to analyze how regulations like the GDPR in the European Union influence AI decision-making processes to safeguard human rights. Using a comparative legal analysis method, this research investigates the role of prospective and retrospective transparency in ensuring that AI systems operate ethically and fairly. The results highlight that transparency significantly enhances accountability and user rights, particularly in preventing discrimination and promoting security. The study concludes that collaboration among policymakers, developers, and users is critical to aligning AI technologies with human rights principles, ultimately fostering more equitable and secure outcomes.

Summary of legal regulation of additional mandatory particulars for specific types or categories of foods according to the regulation FIC

The paper presents a summary of the legal treatment of additional mandatory particulars for specific types or categories of foods under Regulation (EU) 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004. The authors of the paper analyse and interpret the relevant legislation using traditional methods of legal analysis and legal-hermeneutical methods, with an emphasis on the linguistic and systematic interpretation of those provisions that are directly related to the indication of additional mandatory particulars for foods packaged in certain gases, foods containing sweeteners, foods containing glycyrrhizinic acid or its ammonium salt, Beverages with high caffeine content or foods with added caffeine, Foods with added phytosterols, phytosterol esters, phytostanols or phytostanol esters, and frozen meat, frozen meat preparations and frozen unprocessed fishery products. The paper's authors aim to provide the reader with a comprehensive summary of the legislation on the indication of additional mandatory particulars for specific types or categories of food.

Evektivitas Sanksi Pidana Terhadap Praktik Pengganda Uang

The practice of money multipliers is a common phenomenon in Indonesia. This practice exploits public trust to achieve personal gain. The negative effects of this practice include financial loss and exploitation. Indonesian criminal law has regulated fraud and embezzlement, which can be applied to ensnare money multiplier shamans. However, the effectiveness of criminal law in overcoming this practice is still questionable. However, the effectiveness of criminal law in dealing with this practice is still unclear. This study aims to analyze the effectiveness of criminal law on the practice of money multiplier shamans. This study uses a normative legal analysis method using a doctrinal and empirical approach. The results of the study indicate that criminal law has the potential to be an effective instrument in overcoming the practice of money multiplier shamans. However, there are several factors that can hinder the effectiveness of criminal law, such as Lack of public awareness of criminal law, Difficulty in proof. To increase the effectiveness of the law in responding to money multiplier practices, steps are needed such as increasing public awareness of the law, increasing the capacity of law enforcement officers, and strengthening the law enforcement system.

Legality Of IDK Stablecoin In Legal Perspective In Indonesia

Stablecoins have emerged as an innovation in the cryptocurrency ecosystem, offering the desired stability of value while maintaining the decentralized characteristics of blockchain technology. One such example is the stablecoin IDK, which claims to provide stable value and wide usage in Indonesia. However, the development of these stablecoins raises important questions about their legality within the Indonesian legal framework. This article aims to analyze the legality of the IDK stablecoin from an Indonesian legal perspective, focusing on regulatory aspects, legal validity, consumer protection and its potential impact on the country's monetary and financial system. This research uses a normative legal analysis method by referring to relevant legislation, the views of financial authorities, and existing legal principles. First, this article will examine the existing regulatory framework in Indonesia regarding cryptocurrencies and digital assets, and its relevance to the IDK stablecoin. Second, we will discuss the legal validity of the IDK stablecoin from a contractual and currency perspective, as well as whether this is in accordance with applicable legal principles. Finally, this article will analyze the potential impact of the use of the IDK stablecoin on the Indonesian monetary and financial system, including implications for monetary policy, financial stability and consumer protection. The results of this study are expected to provide a deeper understanding of whether the IDK stablecoin complies with Indonesian law. The implications of this analysis can provide guidance for regulators, industry players and other related parties in dealing with legal issues that arise along with the development of financial technology. As such, this article can become a foundation for further discussion on stablecoin regulation in the context of Indonesian law.

The Germanic Model of Liability for Diseases of Animals in Sale Transactions: Historical Heritage or the Dead Weight of Past Generations? Factors Affecting the Form of Legal Standards for Warranty.

The subject of the analysis is the Germanic model of liability for the physical defects of animals examined through examples in Europe. Methods of legal analysis and interpretation are used. Contemporary (Austria, Belgium, France, Luxembourg and Switzerland) and historical examples (Germany and Poland) are examined and described. The characteristics of this model and the historical conditions which shaped the current legal state are demonstrated. It is shown where particular civil law systems in Europe have maintained the Germanic model of warranty to this day, where other systems have replaced it with another model and what factors have influenced this. The analysis is comparative in regard to legal systems and oriented toward veterinary science.

The jurisprudence of the supreme court in electoral matters and the reality of the sui generis doctrine

The jurisprudence of a court refers to the collective body of legal principles, doctrines, and decisions that guide the court's decisions and interpretations of the law. It encompasses the court's philosophical approach to legal issues, its methods of legal analysis, and its precedents and decisions. The jurisprudence of a court evolves over time, reflecting changes in societal values, legal scholarship, and the court's composition. It is essential to understanding the court's decisions and predicting future outcomes. The jurisprudence of the Supreme Court in electoral matters revolves around the antecedents and trends of the Supreme Court in deciding cases based on sui generis. This paper aims to critically appraise the application of the doctrine of sui generis as it applies to the adjudication of cases concerning election matters in Nigeria. It beams the searchlight on the Supreme Court and the effect of many decisions held based on the sui generis principle as it concerns electoral adjudication. The methodology of approach and appraisal is doctrinal and analytical. The findings are that the Supreme Court of Nigeria and the election tribunals have greatly enriched electoral jurisprudence. However, the holding of some cases based on the doctrine has been criticised for the negative effect it has on the doctrine of stare decisis and ‘substantial justice’. The paper makes recommendations that will assist the Supreme Court of Nigeria enhance its electoral jurisprudence, addressing criticisms, and strengthening the integrity of the judiciary in its adjudicatory role in the electoral process.

Opertation in Representative Organizations of Employees Under the Current Laws of Viet Nam

Purpose: The purpose of the article is to research the theoretical issues and practical operation in representative organizations of employees under the current laws of Vietnam, based on which the author proposes some recommendations regarding the operation in representative organizations of employees under the current laws of Vietnam. Theoretical framework: The research employs theories about the organizations of employees under the current laws of Vietnam., regulations on the organizations of employees under the current laws of Vietnam., and mechanisms that apply to the organizations of employees under the current laws of Vietnam. Design/methodology/approach: The research employs three common methods in legal science research: (1) Legal analysis method; (2) Legal efficiency evaluation method; and (3) Comparative legal method. The above research methods help compare and contrast theories of the organizations of employees under the current laws of Vietnam, and bring out some essential findings. Findings: Some valuable findings have been revealed such as the formulation and development of the organizations of employees under the current laws of Vietnam, some theoretical issues, and limitations on regulations on the organizations of employees under the current laws of Vietnam. Research practical and social implications: The article proposes some tasks remaining undone, and further tasks will be fulfilled in the future. The article may support many developments in future research in Vietnam. Originality/value: The research on the organizations of employees under the current laws of Vietnam has become more and more urgent and very important in Vietnam.

Od praw naturalnych do godności osoby ludzkiej. Rozważania filozoficzno-prawne w przedmiocie aksjologii Konstytucji Rzeczypospolitej Polskiej

The article is a reflection on the issues of natural law. The dominant view in the literature on the subject is that natural law is a kind of matrix that should be duplicated by the legislator in order to prevent legal injustice. According to the Latin paremia: Lex iniusta non est lex (Unjust law is not law), the legislator must take into account unspecified higher- level norms. The aim of the article is to look from a philosophical perspective at the axiological foundations of the Polish legal order in the context, primarily, of the sources of law. According to the author of the article, in modern times the rationalism of natural law is becoming apparent, and its religious foundations will not necessarily be acceptable in a culturally pluralized society. The legal analysis method was used, the historical-legal method (in terms of examining the evolution of legal ideas underlying individual constitutional regulations) and the hermeneutic method in relation to the examination of the Constitution as a product of culture, not so much in the linguistic, but in the social, cultural and historical layer. The analysis of applicable legal provisions also forced the use of the formal and dogmatic method.

Policy on The Prevention and Control of Tobacco Harm in Vietnam

Purpose: The purpose of the article research the policy on the prevention and control of tobacco harm in Vietnam, point out several limitations, shortcomings, and propose recommendations to complete the legal system concerned. Theoretical framework: The research employs theories about the policy on the prevention and control of tobacco harm in Vietnam, regulations on the prevention and control of tobacco harm, and mechanisms apply in Vietnam. Design/methodology/approach: The research employs three common methods in legal science research: (1) Legal analysis method; (2) Legal efficiency evaluation method; and (3) Comparative legal method. The above research methods help compare and contrast theories on the policy on the prevention and control of tobacco harm in Vietnam and bring out some essential findings. Findings: Some valuable findings have been revealed such as the formulation and development of the policy on the prevention and control of tobacco harm in Vietnam, some theoretical issues, and limitations on regulations of the policy on the prevention and control of tobacco harm in Vietnam. Research practical and social implications: The article proposes some tasks remaining undone, and further tasks will be fulfilled in the future. The article may support many developments in future research in Vietnam. Originality/value: The research on the policy on the prevention and control of tobacco harm in Vietnam become more and more urgent and very important in Vietnam.

Assessing Path Dependency in Vietnam's Healthcare Legal Framework: Exploring Public-Private Collaboration in Ho Chi Minh City during the COVID-19 Crisis.

The COVID-19 pandemic prompted a nudge for public-private cooperation in healthcare to rapidly cope with limited resource. However, Vietnam's historical reliance on a public healthcare system, combined with a traditional emphasis on socialization in the Polanyian sense, hindered the swift integration of the private sector. This research investigates path dependency in Vietnam's public health sector, using theories including path dependency, Karl Polanyi's double movement with legal analysis method to analyze the interplay of historical decisions, and socialist policies in healthcare. Recognizing these institutional and market governance flaws, a deeper understanding of the role of law becomes vital in crafting strategies for a more resilient and sustainable healthcare system in Vietnam. In this article, Ho Chi Minh City is chosen as a case study due to its notable mix of public-private healthcare facilities and its status as a leading area in infection cases during the third COVID-19 wave. The article suggests that there should be a change in the way public and private sectors work together, one that is more in line with market-driven solutions which requires solid legal framework for cooperation beyond merely mobilizing resources.

Establishment of Workers’ Representative Organizations Under the Current Laws of Viet Nam

Purpose: The purpose of the article research the theoretical issues and practical establishment of workers’ representative organizations at grassroots level, based on which the author proposes some recommendations regarding the establishment of workers’ representative organizations at grassroots level in Viet Nam. Theoretical framework: The research employs theories about the establishment of workers’ representative organizations in Vietnam, regulations on the establishment of workers’ representative organizations, and mechanisms that apply to the establishment of workers’ representative organizations in Vietnam. Design/methodology/approach: The research employs three common methods in legal science research: (1) Legal analysis method; (2) Legal efficiency evaluation method; and (3) Comparative legal method. The above research methods help compare and contrast theories of the establishment of workers’ representative organizations in Vietnam and bring out some essential findings. Findings: Some valuable findings have been revealed such as the formulation and development of the establishment of workers’ representative organizations in Vietnam, some theoretical issues, and limitations on regulations on the establishment of workers’ representative organizations in Vietnam. Research practical and social implications: The article proposes some tasks remaining undone, and further tasks will be fulfilled in the future. The article may support many developments in future research in Vietnam. Originality/value: The research on the establishment of workers’ representative organizations in Vietnam become more and more urgent and very important in Vietnam.

Legal Representatives Ensuring the Interests of Minors Participating in Capital Contribution to the Company

Except in cases of establishment and management, minors are not legally prohibited from participating in capital contribution, purchasing shares, or acquiring contributed capital (referred to as capital contribution) in a company. In principle, regarding the constitutional right to freedom of business, minors may engage in capital contribution to a company under the supervision of a legal representative by consenting or refusing to ensure the minor's best interests. This has led to some legal consequences disadvantaging minors. The article applies various methods of legal analysis along with practical correlations to analyze, comment, and provide directional recommendations for legal improvement.

REGULATORY AND LEGAL SUPPORT FOR POST-CUSTOMS CONTROL AND APPLICATION OF THE RISK MANAGEMENT SYSTEM AFTER THE RELEASE OF GOODS IN UKRAINE

The relevance of the research topic is due to the need to take measures to improve the efficiency of post-clearance control through the use of a risk management system. Further development of the risk management system and creation of prerequisites for a risk-oriented approach to determining the need for post-customs control will contribute to increasing its effectiveness. The purpose of the article is to analyze the regulatory framework of Ukraine regarding post-clearance control and application of the post-release risk management system. To achieve this goal, general scientific methods were used, as well as methods of legal analysis and legal comparativism, critical analysis of systematization and logical generalization. The regulatory framework of this work is based on the customs legislation of Ukraine. The subject of the study is the legal support for the application of the risk management system in the field of post-customs control. The articles of the Customs Code of Ukraine on post-customs control and risk management are analyzed. Amendments to this Code regarding the implementation of some provisions of the Customs Code of the European Union in the context of the article are studied. The National Revenue Strategy of Ukraine until 2030 was considered in terms of outlining tasks to improve the efficiency of post-customs control, conducting documentary audits and other measures in order to comply with the requirements of the legislation of Ukraine on customs through the improvement of approaches and procedures for post-customs control, planning documentary audits through the development of risk management. The provisions of the Procedure for risk analysis and assessment, development and implementation of risk management measures to determine the forms and scope of customs control have been studied. The content of the recommendation and technical pilot project for post-clearance control and the State Customs Service reform plan for 2024-2030 has been developed. The conducted scientific research allowed us to highlight the features of regulatory legal acts. The analysis also revealed some gaps in the implementation of post-clearance control and the application of the risk management system after the production of goods, and thus identified potential areas for improving the mechanism for applying the risk management system in the field of post-clearance control.

Official veterinary experts in civil legal disputes

Veterinary opinions on animals sold include pre-purchase vetting and investigation to find latent defects. Preparation of a veterinary expert opinion can be ordered by a dissatisfied animal buyer or a court holding a civil trial, if doubts arise. In some jurisdictions, however, official and mandatory opinions of veterinary experts in animal warranty cases are stipulated by the law. The legal norms of selected European states are examined for which methods of legal analysis and interpretation are used: they are linguistic, teleological, functional, systemic, legal historical, and comparative. A specific type of veterinary expert opinion is distinguished, which integrates elements of administrative or judicial (court procedural) law (public law) and civil law (private law). The official and mandatory character of the expertise incorporation procedure is established. The roles of the expert veterinarian and the responsibilities of the animal buyer are demonstrated. The introduction of analogous legal standards in other jurisdictions is recommended.

ANALIS TERHADAP PASAL 409 UNDANG -UNDANG KESEHATAN TERKINI YANG MENIMBULKAN KONTROVERSI PERKEMBANGAN HUKUM PIDANA

This journal aims to provide an in-depth analysis of the impact and controversy arising from the introduction and amendments to Article 409 of the recent Health Law. The primary focus of this research is on how this article influences and shapes the development of criminal law, particularly in the context of public health. This study employs a normative legal analysis method by thoroughly examining the text and substance of Article 409. Additionally, it incorporates a case study approach to understand its implementation in real-world situations. Controversies surrounding this article are discussed by considering diverse perspectives from legal experts, healthcare practitioners, and relevant community groups. By exploring these viewpoints, this research presents a comprehensive picture of both the positive and negative impacts of Article 409, as well as broader consequences on the criminal legal system. The research findings contribute to our understanding of legal changes related to health and lay the groundwork for more in-depth policy discussions. The conclusions and recommendations resulting from this research are expected to assist policymakers and legal practitioners in formulating more effective and equitable policies in the field of public health.

Legal Nature and Characteristics of Administrative Act (in the Comparative Context of Latvia and Ukraine)

The topicality of the topic is due to the entry into force of the Law of Ukraine "On Administrative Procedure", which establishes unified rules for making decisions by the public administration, which are generally called administrative acts. The purpose of the article is to study the nature of administrative acts by highlighting their features, which will have not only theoretical, but also practical significance. The research uses methods of legal analysis and synthesis, comparative-legal, systemic-structural. It has been established that the external orientation of an administrative act means that the administrative body addresses its prescriptions to a person who is outside the public administration and does not have a labor or official relationship with it. It was established that the administrative act is a legal act, as it is based on the prescriptions of legislative acts; on this basis, it differs from actual actions. The difference between administrative and technical acts or simple acts in the field of public law is indicated. It was determined that the decision to refuse to meet the requirements of a person is a negative administrative act. It is emphasized that an administrative act is a decision in the field of public law; the theory of interests, the theory of subordination, and the theory of subjects were used to distinguish between public and private law. The subject of the adoption of an administrative act is the body performing the functions of public administration. It is noted that the functional approach embedded in his understanding allows him to consider both subjects of delegated powers, specially created commissions, and private individuals, if the legislator has empowered them to carry out public administration. It is emphasized that the legislator determines which acts are not administrative. On the basis of the conducted research, conclusions were formulated regarding the features of administrative acts, which include the following: external orientation, legal act, sphere of public law, adopted by the body, applies to an individually determined person or persons, establishes, changes or terminates legal relations or establishes the actual state, is not one from the decisions specified in the negative part of the definition of an administrative act or the adoption of which is not covered by the law. Recommendations are given regarding the use in practice of the features of an administrative act as criteria for determining the nature of the body's decision/action.

LEGAL MECHANISM FOR SELF-PROTECTION OF LABOR RIGHTS: PROBLEMS OF LAW ENFORCEMENT

The article is based on the analysis of law enforcement practice concerning the legal mechanism of self-defense of labor rights by employees. Ensuring observance of the rights and freedoms of man and citizen guaranteed by the Constitution determines the importance of the implementation of independent actions of everyone to protect their rights and interests by any means established by law, including in the field of labor relations. Meanwhile, the current legal mechanism for the implementation of self-defense of labor rights of workers, established by the provisions of the Labor Code of the Russian Federation, is currently characterized by insufficient development and inconsistency, creating significant difficulties in the field of its legal regulation. The object of the study was labor relations in general, as well as legal relations arising between the subjects of labor law regarding the protection of the labor rights of workers. The subject of the study includes the theoretical and practical foundations of various ways to protect the labor rights of workers. The goal is to analyze the methods of self-defense of labor rights of workers, as well as to identify problematic aspects of their practical application (based on an analysis of law enforcement practice). The methodological basis of the research is represented by general scientific (concrete historical, formal logical, structural and systemic) and private scientific methods of research (comparative legal, the method of legal analysis, etc.). The practical significance of the study is determined by the relevance of the developed proposals for improving the norms of general and special disciplinary responsibility, ensuring the effectiveness of their application.

Personal Income Tax Levied on Real Estate Business in Vietnam: Reality and Some Recommendation

Objective: The provisions of Personal income tax (PIT) on real estate are still inadequate and incompatible with the practice of economic and social development in Vietnam. Due to that fact, this scientific article researches the status quo of provisions of PIT levied on real estate to come up with some recommendations to perfect the law. Theoretical framework: Recent literature points out that PIT on real estate plays very important role in the development of Vietnam's economy, and society. However, in the current stage of development, from the influence and impact of international integration, in reality, the provisions of PIT on real estate are still inadequate. In there, limits and problems in regulations about PIT on real estate have caused many difficulties when applied. On the other hand, in the context of judicial reform in Vietnam, the issue of complete law system has always been paid special attention by the Party and Vietnam State. Method: The authors have used a combination of traditional research methods of the social sciences and legal sciences such as legal analysis method, the legal efficiency evaluation method, and comparative legal method to achieve the objectives of the research. Results: Research results have determined that the provisions of PIT on real estate are still inadequate, and affect the state budget, and the economy, society in Vietnam. Conclusion: PIT on real estate is an important source of revenue for the state budget. At the same time, this is a tax that has great impact and influence on economic and social development and taxpayers. However, current regulations on PIT on real estate still have some shortcomings, limitations, and are not consistent with the practical situation of real estate transfer transactions in Vietnam. Research implications: The results of the research contribute to proposing a number of solutions to improve the law on PIT on real estate in Vietnam. Originality/value: The research of the PIT on real estate become more and more urgent and very important in Vietnam.

COMPARISON OF THE CONCEPT OF LEGAL CERTAINITY IN THE REGULATION OF THE DEATH IN THE OLD CRIMINAL CODE AND THE NATIONAL CRIMINAL CODE (INDONESIA)

The presence of the death penalty in the new National Criminal Code (KUHP) enacted in 2023 has sparked a great deal of controversy. Just like its existence, the death penalty still generates many problems and has both proponents and opponents. This research employs a juridical-normative approach and utilizes methods of legal analysis, conceptual analysis, and comparison. The results reveal that the regulation of the death penalty is more legally uncertain when compared to the previous Criminal Code because it is considered highly open to multiple interpretations, lacks clarity, conflicts with other regulations, and presents numerous loopholes that can be exploited by irresponsible individuals for legal transactions.

The United Nations Convention on Genocide and How It Can Be Implemented in Criminal Codes of State Parties

The issue of developing effective mechanisms to prevent and punish the crime of genocide remains relevant in the modern world. Over the years, the UN has been trying to fulfil the mandate to ensure international security through the prevention of crimes against humanity. In this context, the study of the mechanisms of legal qualification and prosecution for these acts is of particular relevance. At present, the 1948 Convention on the Prevention and Punishment of the Crime of Genocide remains the main instrument regulating the responsibility for crimes that can be qualified as genocide. The purpose of this study is to analyze the practice of incorporating the provisions of the 1948 Genocide Convention and the problems of their criminal law regulation and modernization. The results are made up of interconnected target, procedural, and evaluation elements, which are based on the method of legal analysis of the legislative practice of countries with different approaches to the issue of genocide. All the examples given in the work show that the process of introducing effective mechanisms of prosecution for genocide by states, among which national courts can be named first, is ongoing, but it is happening very slowly.