National Legal Research Articles

Problems of Legality and Permissibility of Using Cryptocurrencies in Making Payments in the Russian Federation

The publication touches on one of the aspects of the integration of cryptocurrencies, as a special object of civil rights, into the national legal and financial systems. Based on the specifics of the “cryptocurrency” category itself, the author distinguishes the legal turnover of cryptocurrency and foreign currency at the present stage, identifies problems that prevent the full integration of digital assets into the financial structure of the state, with the prospect of free circulation, analyzes the state of modern legislative regulation, as well as the possibility of implementing its own cryptocurrency settlement system in the country. The prospects for the development and possible improvement of the legislative framework in this dynamic and relevant area are assessed. Based on the conducted research, the article substantiates that Russian law in the field of regulating settlements using cryptocurrency follows the model of domestic legislation on currency regulation.

Medical Malpractice Litigation Following Revision Total Hip and Knee Joint Arthroplasty: A Review of Reported Legal Claims in the U.S. in the Past 20 Years

IntroductionThe increasing incidence of primary total hip (THA) and knee (TKA) arthroplasty has been accompanied by a subsequent rise in revision surgeries. Revision total joint arthroplasty (TJA) is associated with major litigation risk, primarily due to procedural and post-surgical errors. However, the understanding of the causes and outcomes of revision TJA malpractice cases remains unstudied. This study aimed to analyze litigated malpractice claims against orthopaedic surgeons performing revision TJA using a national legal database. MethodsA database was queried for a nationwide analysis of medical malpractice litigation in revision TJA from 2000 to 2023. Data on the time, duration, and locations of the litigations, allegations of surgical negligence, the damages cited, the outcomes of the trials, and indemnities were collected. ResultsOf 110 TJA malpractice cases identified over two decades, 32 cases involving revision THA and TKA surgeries were included in the final analysis. The cases were equally divided between THA and TKA, spanning 16 states, with the highest proportions in New York, Connecticut, and Louisiana. “Procedural error” (28%; n = 9) was the most frequently cited negligence, followed by “post-surgical error” (25%; n = 8) and “failure to treat” (19%; n = 6). The most common damages were “continued pain/mobility limitations” (28%; n = 9) and “infections” (19%; n = 6). Most cases resulted in a verdict for the defense (63%; n = 20). The average indemnity was $5,713,635, with considerable variability. ConclusionThis study presents the leading causes of litigated malpractice claims over the past two decades in the United States in revision TJA as perceived procedural and post-surgical errors, with the most common damages reported being “persistent pain/mobility limitations” and “infections.” Given the rising incidence of revision TJA, orthopaedic surgeons may utilize these trends to better inform patients about the potential risks and outcomes of surgery and mitigate litigation risks.

The amended international health regulations: Implications and challenges for domestic legal frameworks.

The World Health Organisation's International Health Regulations were amended in May 2024, with a number of implications for countries to amend their legal and institutional frameworks. This perspective highlights two key areas of focus in the amendments-the importance of multisectoral coordination and subnational work - and explores their links to health security challenges and to concrete country experiences. National legal and institutional frameworks constitute a key enabling mechanism for effective public health systems capable of preventing, detecting, and responding promptly to public health events and emergencies, and the recent IHR amendments provide a new impetus for WHO Member States to make these changes.

Международная научно-практическая конференция «II Елистратовские чтения: Публичное право стран СНГ и ЕАЭС: национальные и сравнительно-правовые исследования» (16–17 мая 2024 г., г. Новосибирск, Сибирский университет потребительской кооперации)

The International Scientific and Practical Conference “II Elistratov´s Readings: Public Law of the CIS and EAEU Countries: National and Comparative Legal Research” was held at the Siberian University of Consumer Cooperation on May 16-17, 2024. This year, the conference was devoted to comparative analysis of trends in the development of administrative and constitutional law of friendly legal systems of the CIS and EAEU countries. The review highlights the abstracts of key reports, as well as the main results and conclusions, reached by the conference participants.

Recent Development of Arbitration Law in Brazil

Arbitration in Brazil has undergone a remarkable transformation, graduating from a tentative start to a robust and thriving practice. Like many jurisdictions with complex judicial systems, Brazil has found in commercial arbitration a valuable tool to foster economic growth and provide efficient dispute resolution for both domestic and international parties. Initially, when the Arbitration Act was enacted in 1996, it was met with skepticism. Many Brazilian scholars and legal practitioners questioned its constitutionality, as the concept of removing cases from the traditional judiciary's purview seemed far-fetched. The turning point came when Brazil's Supreme Court upheld the constitutionality of the Arbitration Act, providing a significant boost to its adoption and legitimacy. Since then, the country has witnessed rapid advancements in arbitration practices, making it an increasingly attractive venue for resolving commercial disputes. This development reflects a growing confidence among businesses and legal experts in the efficiency and effectiveness of arbitration as a complementary mechanism to the traditional court system. This article aims to delve into the evolving legal environment surrounding arbitration in Brazil. It will explore the dynamic trends that have emerged, such as the increasing sophistication of arbitration procedures, the establishment of dedicated arbitration centers, and the rising number of professionals specializing in this field. Additionally, the article will analyze how these developments have influenced Brazil's attractiveness as a hub for international arbitration, and the impact this has on the nation's legal and economic landscape. By examining these aspects, the article will provide a comprehensive overview of the current state and future potential of arbitration in Brazil.

Legal Aspects of Liability of Participants (Shareholders) of Joint Stock Companies in the Republic of Uzbekistan for Breach of Corporate Obligations

This article considers legal aspects of liability of participants (shareholders) of joint stock companies in the Republic of Uzbekistan for breach of corporate obligations. The article analyses both national normative legal acts and international standards and practices of regulation of shareholders' liability. The author has considered issues related to mechanisms for protecting the rights of shareholders and creditors, as well as imposing sanctions on shareholders for breach of corporate obligations. In addition, recommendations were made to improve legislation in this area.

Building “Something That Lasts”

Abstract This article analyses Jewish reactions to post-Holocaust hostility and discrimination in Norway, through three case studies: (1) Trials against Nazis and Norwegian collaborators in the National Legal Purge of the immediate postwar years. (2) The 1960 ‘Swastika Epidemic,’ characterized by graffiti on properties and threats against Jewish individuals, which prompted Jewish community efforts to promote an anti-racist bill. (3) The trial against neo-Nazi high school teacher Olav Hoaas in 1976, among the first to be convicted in accordance with the new Article 135a of the law against incitement to racial hatred. Using archival records from the Jewish community and press material, this study explores how the actors defined and developed response strategies against antisemitism. The article explains the integrationist function of combatting antisemitism, as individuals asserted themselves as part of the national community by defending Norway’s democratic values. It highlights collective action and alliances in countering antisemitism, marking Norway as an early example legislating against racism in Europe after 1945.

Information terrorism as a threat to the national information infrastructure

The article represents the modern approaches to determining the meaning of information terrorism and its social and legal nature as threat to the national information infrastructure. Typical signs of information terrorism are described. The main forms (types) of information terrorism are revealed, among which cyber terrorism and media terrorism stand out. National and international legal acts on combating information terrorism were analyzed. Ways to improve the system of measures to counter information terrorism were proposed.

A CRITICAL ANALYSIS OF THE REGULATORY FRAMEWORK RELATING TO CYBERSQUATTING IN INDIA

The arrival of the internet has brought an explosion in the process of registration of domain names that has resulted in the issue of cybersquatting for financial gain. As per the WIPO data, the cases related to domain name disputes have dramatically increased. For the first time in 1999, the ICANN adopted a uniform policy framework (UDRP) to address the problem of cybersquatting for speedy disposal of domain name disputes. At the global level, only the United States of America has particular legislation that makes cybersquatting a crime. In the Indian context, there is no particular legislation to tackle cybersquatting matters, the courts apply the various approaches along with the common law principle of the trademark to resolve the disputes. The article wishes to critically analyze the international and national legal and policy frameworks related to cybersquatting

Prospective Regulation of Private Sector Legal Compliance Audits Through the Draft National Legal Guidance Law as A Manifestation of Good Corporate Governance

Various private-sector legal issues show how the quality of legal compliance is lacking. Legal and business entities have not considered decision-making in business transactions or other actions that risk-reducing investor interest. The massiveness of legal audit problems is an urgency to identify legal deviations from the start to measure legal compliance to avoid criminal, civil, and administrative sanctions. However, reviewing the current implementation of legal audits is limited to asset valuation and financial statements, and even then, it does not require private institutions to carry out audits periodically, so they are carried out by certain companies only. This research uses a normative method that refers to laws and regulations accompanied by literature studies in the form of books, journals, and other literature to find prescriptive ideal ideas. The results show that the implications of legal compliance audits stem from a legal vacuum over the audit mechanism, standardization of honorarium, and legality of legal auditors. The National Law Development Agency (BPHN) must collaborate to formulate a private sector legal compliance audit in the Draft Law on National Law Development to realize Good Corporate Governance (GCG). The author recommends an ideal legal compliance audit model like the Government Accountability Office (GAO) in the United States.

Study on cases from national courts and international tribunals related to gender-based violence in armed conflict

Gender-based violence in armed conflicts is on the rise, destroying the lives of victims, their families, and even communities. Investigating and prosecuting such crimes is not only a step towards justice, but also a powerful tool to prevent analogous cases in the future. The purpose of this study was to research the practice of investigating crimes related to sexual or gender-based violence by national courts and international tribunals. The study analysed the judicial practice of national courts and international tribunals, investigated the relevant scientific literature, and made a comparative analysis of the specific features of national and international legal proceedings. The study identified a series of common challenges faced by national courts and international tribunals in investigating gender-based violence in armed conflict: collecting evidence in dangerous and difficult conditions, and its short-lived existence; ensuring the safety of victims and witnesses, who are often particularly vulnerable, and maintaining their confidentiality when necessary; overcoming stigma and discrimination that prevent victims from seeking help; and proving that violence was committed in armed conflict against civilians or prisoners of war. It was noted that when investigating crimes related to gender-based violence, courts should apply a gender-sensitive approach that considers the specifics of crimes related to this type of violence and its impact on victims. The study proved that a prerequisite for effective investigation of crimes of this category is cooperation at the national and international levels. The findings of the study can contribute to improving the quality of investigations into crimes of sexual or gender-based violence in armed conflict, as well as serve as a basis for developing programmes aimed at preventing these crimes

Death Penalty in the Indonesian National Legal System

Death Penalty in the Indonesian National Legal System

Rohingya women as refugees: Examining displacement, refugeehood and ‘bare life’

Abstract Based on Agamben’s assertions (1998) refugees are often compared to ‘bare life’ (homo sacer) without any political agency. They are considered to be outside the purview of national or international legal and yet at its mercy for survival. For refugee women, this stripping of their autonomy stereotypes them as reproductive vessels in need of chivalrous protection within the larger refugee discourse. Policy projects frequently regard them as ‘vulnerable populations’ in need of assistance. Given this theoretical framework, the present study contextualizes the life of Rohingya women prior to displacement and as refugees in India. It aims to assess the de jure and de facto rights of these women through the process of displacement. Moving beyond rigid assertions, this study postulates that refugeehood does not mean a complete absence of decision-making spaces for Rohingya women nor does it in any way mean a sudden disappearance of their sufferings. It focuses on their experiences as women and steers clear of homogenizing their narratives as refugees.

Religious and Cultural Diversity in Inheritance Law: A Discussion on the Impact of Judicial Will Considerations on the National Legal System in Indonesia

Religious and Cultural Diversity in Inheritance Law: A Discussion on the Impact of Judicial Will Considerations on the National Legal System in Indonesia

Evolution of transgender rights in India: Better late than never.

The progress of transgender rights in India has seen significant strides with milestones such as the National Legal Services Authority (NALSA) judgment and the enactment of the Transgender Persons (Protection of Rights) Act in 2019. The NALSA judgment recognized the right of transgender individuals to self-identify their gender. This decision led to the formal recognition of a 'third gender', advancing legislative and social reforms. Prior to this, transgender individuals faced substantial hurdles, including limited access to education, employment, and healthcare due to a lack of legal recognition. Within a few years, The Transgender Persons (Protection of Rights) Act established a framework that safeguards the rights of transgender individuals and prohibits discrimination based on gender. This legislation requires the government to take measures like promoting education, providing vocational training opportunities, ensuring accessible healthcare services, and offering social security support. It also addresses the healthcare needs of transgender individuals thereby contributing to their overall well being. The Support for Marginalised Individuals for Livelihood and Enterprise (SMILE) program and Garima Greh are initiatives that provide spaces and empower a marginalized transgender individuals and promoting their inclusion, justice and empowerment. This article explores the progress pertaining to transgender rights and welfare, while highlighting efforts undertaken by the Indian government.

NATIONAL LEGISLATION GOVERNING ACCESSIBILITY TO DRIVING VEHICLES FOR PEOPLE WITH DISABILITIES

The analysis of normative legal acts and normative documents in the field of ensuring and implementing the rights and guarantees of persons with disabilities was carried out. Areas of improvement of domestic legislation regulat-ing the issue of accessibility to driving vehicles for persons with disabilities have been determined. National legal acts and normative documents related to the mentioned sphere can be divided hierarchically and by types as follows: Constitution of Ukraine; international treaties of Ukraine (conventions, multilateral and bilateral agreements, protocols); codes of Ukraine; laws of Ukraine; acts of the President of Ukraine (decrees); acts of the Cabinet of Ministers of Ukraine (resolutions, orders); acts of ministries and other central executive bodies (orders); acts of local state admin-istrations and local self-government bodies (orders, orders, decisions); normative documents (international, regional and national standards). The formation and implementation of state policy regarding persons with disabilities, including in the part related to the issue of their accessibility to driving vehicles, is carried out on the basis of the norms of the Constitution of Ukraine; Con-vention on the rights of persons with disabilities; laws of Ukraine, in particular “On the basics of social protection of the disabled in Ukraine”, “On the rehabilitation of the disabled in Ukraine”, “On social services”; National strategy for creat-ing a barrier-free space in Ukraine for the period until 2030, approved by the order of the Cabinet of Ministers of Ukraine of April 14, 2021 No. 366-р; Action plan for 2023-2024 for the implementation of the National Strategy for the creation of a barrier-free space in Ukraine for the period until 2030, approved by the order of the Cabinet of Ministers of Ukraine of April 25, 2023 No. 372-р; and other legal acts. Keywords: barrier-free, accessibility, legislation, driving a vehicle, a person with a disability.

The Impact of Globalization on National Legal Systems

The Impact of Globalization on National Legal Systems

DOMESTIC VIOLENCE: CURRENT ISSUES THROUGH THE PRISM OF LEGISLATIVE CHANGES

The article is devoted to the study of a problem that is an urgent and negative manifestation of public life not only in Ukraine but also in most foreign countries. Domestic and gender-based violence is one of the most widespread violations of constitutional human rights and freedoms, which not only causes physical pain and moral suffering, but also undermines the sense of security of a person; it is a global problem that daily harms the most valuable human goods - honor, dignity, life and well-being. For Ukraine, as well as for many other countries around the world, this problem is quite acute, so the international community is trying to actively counteract all forms of violence. Violence remains a global phenomenon that causes devastating losses at the social, economic and national level, with domestic violence being a particularly negative form of it. Ukrainian legislation has its own tools for the prevention and fair punishment of such torts, which are reflected in the Law on Preventing and Combating Domestic Violence adopted in 2018 and the relevant amendments to the Criminal Code of Ukraine. Thus, Article 126-1 of the Criminal Code of Ukraine was added to the criminal law, which stipulates that domestic violence is the intentional systematic commission of physical, psychological or economic violence against a spouse or former spouse or another person with whom the perpetrator is (was) in a family or close relationship, which leads to physical or psychological suffering, health disorders, disability, emotional dependence or deterioration in the quality of life of the victim. However, in Ukraine, since the outbreak of full-scale war, law enforcement attention has naturally shifted to war crimes, and the challenges of domestic and gender-based violence have been relegated to the background. With the ratification of the Istanbul Convention, the country faces the problem of standardizing national regulations, which Ukrainian lawmakers have the opportunity to improve guided by international means of overcoming and combating domestic violence. Such mechanisms can be implemented, in particular, through changes in national legal acts related to combating violence. First of all, we are talking about the Law of Ukraine of January 4, 2018 “On Preventing and Combating Domestic Violence”. For the comprehensive and productive fulfillment of Ukraine’s obligations, it is worth focusing on certain gaps that, in our opinion, exist in the relevant law, namely: identification of gender-based violence and introduction of the concept of “gender” in procedural acts to overcome the so-called “gender blindness” and the conflict of variability of domestic violence and the degree of responsibility for each of its types in terms of recognizing the systematic nature of acts.

Procedural Aspects of Cryptocurrency Arrest in National Legal Systems: A Comparative Analysis

The article presents an analysis of the procedures for arresting cryptocurrencies in various national legal systems, emphasizing the relevance of this topic in light of the rapid development of the digital economy and the increase in crimes related to cryptocurrencies. It draws attention to the absence of a unified international approach to regulating and controlling cryptocurrency assets, which creates challenges for law enforcement agencies in combating crime and money laundering. By analyzing the legislation of different countries, various approaches to defining the status of cryptocurrencies, mechanisms of their arrest, and their use as evidence in criminal proceedings have been identified. Special attention is given to the comparative analysis of the procedural aspects of cryptocurrency arrest, which allows for the identification of best practices and the development of recommendations for improving criminal procedural legislation. Solutions to the practical problems of jurisdiction and technical aspects of executing arrest decisions are proposed, emphasizing the importance of international cooperation in this field.

Juridical Study of Customary Law In The Indonesian National Legal System

Juridical Study of Customary Law In The Indonesian National Legal System