National Law Systems Research Articles

Colonizing criminal law: towards new architecture of criminal code

The transition from colonial criminal law to a new legal architecture is vital for societies in transition, requiring careful reform and inclusive dialogue. This study explores the urgent need to deconstruct and reform criminal law frameworks in a globally interconnected world, where national legal systems struggle to address cross-border crimes like cybercrime, terrorism, and human trafficking. Traditional national frameworks, driven by state sovereignty, often conflict with international mandates, leading to discrepancies in how crimes are prosecuted across jurisdictions. This selective enforcement fosters public disillusionment with the rule of law and reveals the limitations of national sovereignty in regulating transnational offenses. As globalization accelerates, the world faces increasing social and cultural fragmentation, exemplified by war conflicts, which expose the limitations of traditional legal frameworks in addressing contemporary criminal challenges. These evolving dynamics necessitate an urgent re-evaluation of the mechanisms governing criminal liability, as national criminal law systems often prove inadequate in a globalized world where cross-border criminal activities and transnational offenses are on the rise. National criminal law, historically driven by state sovereignty and often perfectionist in its approach to national interests, increasingly collides with international mandates and global legal norms. This collision results in selective enforcement of justice, leading to discrepancies between how crimes are defined and prosecuted across different jurisdictions. To address these challenges, the study proposes the "architectonics of criminal regulation," a multi-layered framework that integrates national, regional, and international legal systems. This approach seeks to create a universal platform for criminal law that upholds human rights, promotes justice, and ensures consistent legal application across borders. The protection of human rights, especially in conflict zones, is central to this restructuring, with a focus on preventing abuses of power and ensuring accountability where local authorities have failed. In the context of transnational criminal law, the study emphasizes the importance of integrating international legal norms, such as those enshrined in the European Convention on Human Rights (ECHR), into the architectonics of criminal regulation. The ECHR provides a foundational legal framework that protects individual rights across member states, ensuring that any reforms to criminal law prioritize the protection of human dignity and justice. The architectonics approach builds on these principles by advocating for a unified legal platform that harmonizes national and international laws, allowing for effective prosecution of cross-border crimes while safeguarding human rights. This ensures that states adhere to a consistent standard of justice, even in the face of evolving global criminal challenges. By incorporating the ECHR’s protections into transnational criminal law, the architectonics framework strengthens the legal mechanisms required to combat international crimes while upholding fundamental human rights. The proposed architectonics of criminal regulation serves as a foundational platform for bridging the gaps between national legal systems and global criminal justice, ensuring that criminal law is capable of addressing the challenges of an interconnected, complex, and increasingly fragmented world.

ECONOMIC AND LEGAL TRENDS OF EUROPEANIZATION OF THE ADMINISTRATIVE LAW OF UKRAINE

Today, it is appropriate to talk about cooperation between Ukraine and EU member states in matters that are functional for their legal systems. The first is the protection of the rights and freedoms of citizens; providing asylum to refugees from other countries; adaptation of legislation on the regulation of relations in the field of migration, both legal and illegal; fight against illegal employment; and others. It was found that the administrative law of Ukraine is developing in complex political-economic and social-legal conditions. Therefore, the use of European experience in the field of administrative and legal regulation of social relations in Ukraine should not imply mindless copying, which can negatively affect society and the state. The topic of the research should be the creation of national methodological recommendations on quality indicators of individual branches of law in accordance with the quality standards of legislation and law of the countries of the European Union. The introduction of European approaches to the regulation of social relations at the administrative and legal level in Ukraine must be balanced and adapted so that there is no negative impact on the development of society and the process of state formation. At the same time, the comparative legal study and rational use of foreign experience in the development of administrative law allows to significantly expand the so-called "legal field", enriching it with the experience of foreign countries. The current conditions for the development of administrative law in Ukraine depend on globalization, which affects all spheres of life, affecting the development of unified legal values and democratic principles of European administrative law, and the national administrative law system of individual European countries. In fact, there are two parties of subjects endowed with the corresponding rights and obligations in the field of administrative-legal relations.

Jurisprudence for the Development of Science: Ideas that Should Not Be Forgotten (To the 100th Anniversary of the Institute of Legislation and Comparative Law under the Government of the RF)

The article examines topical issues in regulation and organization of academic activities, which are related to the more than 100-year history of functioning of one of the oldest research institutions in the country – the Institute of Legislation and Comparative Law under the Government of the Russian Federation. In the course of the study of archival materials and available publications by the Institute’s employees, some original and currently relevant proposals and hypotheses were identified. They are concerning the organization of research, the direct implementation of academic activities, as well as relations in the field of science subject to legal regulation (in particular, those related to: the distinction of legislation on the scientific and technical process as an independent part in the system of national law in the 1960s; the impossibility of scheduling scientific discoveries; the need to involve researchers (the object of control) in the management process; the “probabilistic” nature of research and the infeasibility of standardization in research work as is the case with setting norms in industrial production; the incorrectness of identification of administrative management in science with academic advising as a specific phenomenon, etc.). These remain relevant to this day. An attempt has been made to correlate the developments of the team of the particular academic organization with the sociopolitical situation in the corresponding historical period and the dominant scientific positions.

State and law theory: The concept and directions of state activity

Relevance. In a modern world where globalisation causes dynamic changes in the political, economic and social spheres, there is a growing need for a thorough understanding of the essence and functions of the state. The theory of state and law provides the knowledge necessary to analyse and evaluate these changes, as well as to predict the future development of statehood.Purpose. The study aims to establish the nature and main vectors of state activity, as well as the expressed role of the theory of state and law in the modern world.Methodology. The study employed analysis, synthesis, comparison, generalisation, deduction and abstraction methods.Results. The concept of �state� was defined during the research and its main characteristics and attributes were outlined accordingly. In addition, the essence and significance of the elements of the modern state were revealed, and their influence on the development of society was considered. Furthermore, the main activities of the state, including both internal and external, were also identified and characterised during the study. The role and significance of law, national and international law, in understanding the dynamic social processes that change the legal culture of society have been analysed. As a result of the conducted research, the dependence between such categories as the state and law was established. In addition, the specificity and priority of proper interaction between the national and international systems of law were revealed.Conclusions. During the study, it was established that the directions of the state can differ depending on its characteristics, in particular, approaches to public administration, political regime, as well as administrative-territorial structure. The results obtained during the study are expedient to be used for the development of teaching materials for training courses �Theory of State and Law�.

The Position of Customary Criminal Law in Positive Law in Indonesia

This research explores the status of customary criminal law in the context of positive law in Indonesia. Customary criminal law, as an integral part of the cultural heritage of Indonesian society, has values and norms that have developed from generation to generation. However, in an era of increasingly structured positive law, fundamental questions arise regarding the extent to which customary criminal law is accommodated and recognized by the formal legal system. This research uses a normative legal approach to analyze statutory regulations, court decisions, and related legal literature. Research findings identify that although customary criminal law is not explicitly regulated in the national positive law system, there are certain efforts to recognize and respect its existence. In this context, this research explores the concept of integrating customary criminal law into a positive legal system as a medium of preserving legal plurality and realizing local justice. Apart from that, this analysis also discusses the challenges and potential conflicts between customary criminal law and modern positive law principles, as well as efforts that can be made to achieve harmony between the two. In conclusion, this research contributes to a better understanding of the status of customary criminal law in the context of positive law in Indonesia, by highlighting important aspects to be considered in developing inclusive and just legal policies. This research is in the form of a research article.

FEDERALISM IN THE LEGAL VIEWS OF S.A. KOTLYAREVSKY

The purpose of this work is to study the legal views of the Russian scientist, historian and lawyer Sergei Andreevich Kotlyarevsky on federalism and his interpretation of a federal state's forms, the possibility of its implementation in Russia. Materials and methods. To achieve this goal, the works of S.A. Kotlyarevsky were used as the main materials, allowing to identify his scientific views on the issue under study, as well as the results of the author's comprehensive study of the scientist's socio-political and scientific-pedagogical views. The principles of the study were historicism, comprehensive and objective analysis, and critical evaluation of the material. The methodological basis was a set of methods of scientific cognition. Along with the general scientific dialectical method of cognition, the author applied historical-legal and comparative-legal methods. Study results. It is shown that at the beginning of the XX century, one of the problems under development in the legal concept of S.A. Kotlyarevsky was the form of state structure. The main theoretical provisions on the nature and forms of power distribution in states are considered. It is revealed that, depending on the degree of independence of individual parts, the scientist determined the classification of unitary centralized and federal type states. At this, state legal entities are identified directly in the form of a federation, unions as permanent unions with the introduction of contractual provisions into their national law systems and international legal associations of independent states (confederations). The scientist's views determined the possibility of transition to a federal type of state structure in Russia. Conclusions. The theoretical provisions on federalism developed by S.A. Kotlyarevsky were a contribution to the development of the Russian legal science of the state and law. Various forms of state structure were identified based on the analysis of various types of power distribution in states. The main criterion for their structuring was the methods of decentralization of state power and the management system. In the legal views of the scientist, the federal structure presupposes ensuring independence and equality of the entities that were part of the federation. The federal type of state power organization was considered by him as one of the options for implementing the principles of the law-bound state.

Human rights at sea: The limits of inter-state cooperation in addressing forced labour on fishing vessels

The sheer vastness of the world’s oceans creates a range of security and law enforcement challenges for states and the international community, including in preventing and punishing human rights abuses at sea. While human rights apply at sea the same as they do on land, this article examines the limits of national, regional and international systems of human rights governance and international law in addressing violations of human rights at sea. It asks: what are the barriers in inter-state cooperation that prevent the prosecution and prevention of human rights abuses at sea? In answering this, the paper focuses specifically on issues of human trafficking at sea and forced labour on fishing vessels by analysing two judicial processes in Southeast Asia. It argues that responding to these human rights challenges at sea requires a collective and coordinated approach that centres the rights and safety of individuals at state, regional and international levels.

Impact of Constitutionalization on the Legal Culture, National Norms, and International Relations in Kazakhstan

Objective: The relevance of the studied issue lies in that the concept of constitutionalization is increasingly utilized in legal terminology and the spheres of state and international law. However, researchers have not yet developed a unified approach to the concept, as each scholar proposes examining constitutionalization in the context of its impact on specific aspects of legal reality. The study thus aims to explore the effect of constitutionalization not only on the system of national law but also on the national legal system in the broad sense. Methods: The research goal is achieved through an analysis of scientific literature, legal sources, and legislative documents. Comparative legal and system structural methods are used to understand the relationship between academic theories and the practical application of constitutionalization. Results: The analysis shows that constitutionalization is a multifaceted process that assumes the integration of constitutional norms and principles into various aspects of legal systems. The study emphasizes the influence of constitutionalization on national legal systems, including such aspects as legal culture, judicial interpretation, and the conformity of legislation with constitutional values. Conclusion: The concept of constitutionalization is concluded to play a decisive part in the development of modern legal science. The study stresses the importance of regulating legal norms in line with constitutional principles, both nationally and internationally, to ensure effective legal regulation.

Zasady prowadzenia dialogu społecznego na gruncie postanowień (zrewidowanej) Europejskiej Karty Społecznej

Principles of social dialogue based on the provisions of the European Social Charter (revised) The European Social Charter (both in initial as well as revised version), as one of the most important legal acts regulating the standards of labour law, contains a number of provisions that regulate the principles of social dialogue. The Charter imposes an obligation to encourage joint consultation between workers and employers; supporting the mechanisms of voluntary negotiations between employers or employers’ organizations and employees’ organizations in order to regulate employment conditions through collective labour agreements; supporting conciliation mechanisms and voluntary arbitration for settling collective disputes. The provisions of the Charter also regulate the right of employees to be informed and participate in consultations regarding the employer’s situation. The standards of social dialogue included in the European Social Charter constitute a comprehensive solution that can be a point of reference for the analysis of national solutions. They are also an indicator of changes that should be introduced to the national labour law system in order to create a strong basis for dialogue between social partners.

Legal Ideals Pancasila in the Development of a National Environmental Legal System

The discussion of legal ideals Pancasila in Indonesia has become a prolonged discourse and may not be final. This is motivated by the dynamics and problems of the nation and state in various sectors of life, one of which is the environmental sector. This paper aims to examine the potential for developing legal ideals in the national environmental law system. The research method used is normative legal research. The results of the study show that in its implementation the legal ideals of Pancasila are still not running as they should in the environmental sector in Indonesia. This is because there are deviations in values ​​in the preparation of legal policies and action agendas. In the development of a national environmental law system, legal ideals cannot be seen and read explicitly, but must continue to be explored and interpreted in every Pancasila value. The ideals of Pancasila law contain environmental values such as ecological, ecoreligious, ecosocial, and ecocracy values. The legal ideals of Pancasila are positioned and functioned as a way of life, guiding norms, and critical norms in the legal agenda in the environmental sector

Panglima Laot dan Kontribusinya dalam Penegakan Hukum Adat di Perairan Aceh

Panglima Laot has been felt in Aceh since the era of Sultan Iskandar Muda and is still known today. Panglima Laot is not part of the Aceh government but is recognized as Aceh's cultural heritage. Later, Panglima Laot was also regulated in the Aceh Qanun as the living law in Aceh. Culturally, it can be said that the Marine Commander is the leader of the fishermen in Aceh, whose job is to coordinate the fishermen, maintain maritime security according to their respective territories, and conserve Aceh's marine environment. This article examines the existence of Panglima Laot in Aceh in this contemporary era. With an emphasis on their role in upholding customary law in Aceh waters. The data was obtained through field research in Aceh and library data studies. The findings from this study are that Panglima Laot in Aceh still exists and plays a significant role in upholding customary law in Aceh waters. Coexist in harmony with national law and other legal systems that live in Aceh.

THE URGENCY OF DEVELOPING THE NATIONAL ECONOMIC LEGAL SYSTEM IN THE ERA OF GLOBAL TRADE BASED ON PANCASILA VALUES

<p><strong><em>Abstract: </em></strong><em></em></p><p><em>Indonesia is one of the countries that is struggling to attract as much investment as possible to build a national economic system to face challenges in the era of economic globalization. The development of a national economic legal system in the era of trade globalization is in accordance with the values of Pancasila. The problems that occur are related to the urgency of developing a national economic legal system in the era of trade globalization based on the values of Pancasila. The method used in this paper is normative legal research, namely through library research by studying books, and supported by field research by interviewing informants related to the subject of this paper. The results of the study show that the development of a national economic legal system in the era of globalization has a major role to play in providing opportunities for economic development to realize people's welfare. The urgency of developing a national economic law system in the era of trade globalization is based on the values contained in Pancasila and the 1945 Constitution of the Republic of Indonesia. The current era of trade globalization with the concept of a liberal economy in the global world cannot be fully and comprehensively applied in Indonesia, especially in implementing the formation of legislation in the field of economic law. Indonesia needs to reorganize the values of the people's economy, the agricultural economy, the Pancasila economy, and others that are protected by an effective legal system and are fully facilitated and fully supported by the state.</em></p><p><strong> </strong></p>

Current typology of the Belarusian legal system on the legal map of the world

The article presents the study results of functioning of the Belarusian legal system on the legal map of the world and its interaction with the legal systems of the continental law family. The main national legal reality components most actively communicating with foreign systemic formations – sources and law system, normative component and national type of legal consciousness – are analyzed. Proposals on the reception of foreign legal experience of French and Scandinavian legal models are made. It is proposed to improve the national law system by updating the administrative law branch according to the French model and judicial practice by the reception of the relevant components of the Scandinavian justice model. The Belarusian-type character of legal consciousness is analyzed separately from the viewpoint of its historical integration by different-type elements of legal cultures, which determines the ability of the Belarusian legal system to qualitatively interact with the legal systems of various law families. The “legal diplomacy” concept is introduced. It implies a new approach in the methodology of legal reception instead of implementation of “legal expansion” of foreign norms and institutions of law into other legal cultures. Proposals are made to include the provisions on the principles and mechanism of legal reception, as well as the rules determining a new quality of national legal consciousness by activating legal propaganda forms into the draft Concept of Legal Policy of the Republic of Belarus and in the draft Law of the Republic of Belarus “On Civil Society”.

Gaps in National Legislation and Law

The article analyses gaps in national legislation and law. The following conclusion is made: a gap in national legal acts is the lack of legal regulators of legal relations, primarily principles and norms; a gap in the law is the absence of legal regulators of legal relations, primarily principles and norms of law, in a unified, multi-level and evolving system of national and international law forms implemented in the state. The article also emphasizes the following: gaps in national legal acts are overcome by implementing existing legal regulators, primarily principles and rules of law governing similar legal relations; overcoming legal gaps by “analogy of law” is recognized by the author as debatable due to the lack of general scientific and theoretical arguments for their objective existence.

Reorganization of economic organizations as a legal institute of economic law

The state of the process of formation of such a legal creating as “the right to reorganize economic organizations” occurs through the gradual accumulation, unification, specialization and structuring of the necessary array of regulatory rules and procedures in this area and affects the determination of the place of this legal phenomenon in the system of national law.
 It is established, that (1) reorganization legal relations are public relations, regulated by the norms of law that arise in the field of economic management in relation to the organization (including managing the activities) and the continuous implementation of economic activities; characterized by a special subject composition (economic organizations), a combination of organizational and property elements; reflection of private and public interests (its balancing), a significant degree of regulation, both by the state and by the subjects of these relations; (2) reorganization legal relations belong to economic legal relations by branch affiliation and constitute a kind of organizational and economic legal relations by nature.
 It is substantiated, that by branch affiliation (identification), on the basis of clarification of the economic and legal nature of reorganization relations and compliance of the legal instruments (method) of Economic Law, the reorganization of economic organizations is an institute of Economic Law, such a legal creating that unites an interconnected set of economic and legal norms that are intended to regulate relations that develop in the field of termination and incorporation of economic organizations by reorganization in forms: merger, accession, division, spin-off, transformation.
 It is determined, that in a structured form the economic and legal institute “reorganization of economic organizations” consists of interrelated and at the same time separate groups of economic and legal norms that are intended to regulate economic relations in the field of: 1) termination and incorporation of an economic organization through reorganization in appropriate forms (merger, accession, division, spin-off, transformation); 2) transfer of property rights and obligations from the legal predecessor (predecessors) to the legal successor (successors) on the basis of universal legal succession; 3) protection of the legitimate rights and interests of participants (shareholders), creditors, the state during the reorganization; 4) procedure for issuing and registering the issue of shares of joint-stock companies, which are incorporated by merger, division, spin-off, transformation, or to which accession is carried out; 5) state registration of termination and incorporation of an economic organization (economic organizations) by merger, division, transformation, or state registration of termination of an economic organization by accession and modification of constitutional documents, or state registration of incorporation of an economic organization by spin-off and modification of constitutional documents; 6) invalidating the reorganization procedure (nullity of the reorganization procedure). In addition, within these groups there is a further differentiation of norms depending on the forms of reorganization (merger, accession, division, spin-off, transformation) and the subject composition of reorganization relations

The significance of international legal standards in the context of the development of the constitutional law of Ukraine

Purpose. The aim of the work is to analyze in the general legal aspect of understanding the significance of international legal standards and their implementation in the context of the development of constitutional law of Ukraine, determining their role and significance in the national legal system. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific reseach have been implemented: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the process of research, it was recognized that ensuring commitment to the principles and norms of international law is a socio-historical, socially determined phenomenon and appears to be a significant factor in the world recognition of Ukraine as a full-fledged participant in international relations, where a significant role is played by the readiness and ability of the state through the system of contract law, the implementation and the implementation of contractual norms, their introduction into the system of national constitutional law to fulfill the prescriptions of international legal standards. Originality. In the process of research, it was established that international legal standards should be considered an integral part of the national legal system in general and the constitutional law of Ukraine in particular, which is the result of the efforts of the international community of states for their democratic, legal development. Practical significance. The results of the research can be used in law-making and law-enforcement activities during the development of proposals regarding the mechanism of implementation of international legal standards into the national system of law and legislation.

Global trends in the treatment of local public entities in distress: A principled approach

AbstractThis article presents the findings of a global study on the treatment of local public entities in distress conducted in 20 jurisdictions across the world. It sets out to detail and analyses how different national insolvency law systems treat local public entities in distress. The main purpose of this study is to provide recommendations for a harmonised and principled treatment of these entities. The key priority of the recommendations proposed in the study is to ensure the continuity of essential public services without necessarily deviating from the established insolvency principles of collectivity and equality of treatment among creditors.

The role of the Cybersecurity Strategy of the Republic of Poland in ensuring cybersecurity

Cybersecurity belongs to the area of activity of state and supra-state actors, giving direction to national and international systems of law as components of national and supranational systems of political, economic, military cooperation, etc. Still, the state has a monopoly on the causality of lawmaking, which forms the basis of cyberspace use security activities. The state responds to national security needs by actively participating in the formation of the collective security order of the supranational level. The aim of this paper is to demonstrate the significance of the national Cybersecurity Strategy of the Republic of Poland for ensuring the safe use of cyberspace. The Strategy, while referring to the national order, is at the same time an implementation of supranational arrangements within the scopes adopted by the state authorities, which means that the Strategy is subjected to logical evaluation depending on the impact of cyber conditions or binding arrangements of the international environment. The text is based on two research methods: the doctrinal legal research method to analyse the applicable legal regulations governing the issues related to the strategic aspects of cybersecurity and the law theory method aimed at evaluating the strategic solutions in respect of security in cyberspace.

Cryptocurrencies business and tax management in Costa Rica: An administrative and financial perspective

The paper presents the conception and epistemological description of the cryptocurrency as good and instrument of use in the costarican operating companies management, which does not present an express regulation in the national law system, considering its use as a profit generator, this under its managerial and financial approach, specifiying the special importance of the accounting record that must be given to both, the investments as well as the income in this virtual currency, depending on business decisions, detailingthe approaches to legal and tax management, as well as the corresponding taxes associated with the generation of lucrative activities associated with the incorporation of cryptocurrencies as part of the business development.

Basic principles of legal regulation in the field of human genomic information processing in the context of implementation of international legal norms to national legislation

The article focuses on the analysis of human rights factors that are formed within the framework of international legal relations. The development of genomic research and expanding their application in domestic jurisprudence is a fairly new area of research in the field of public administration. On the basis of the synthesis of general scientific and specialized legal methods of research, the principles of regulation of relations on the processing of genomic information for human registration in Ukraine are formulated and substantiated, taking into account the threats to the dignity and rights of the human personality, namely: priority of life and health of citizens over interests of science and society in conducting molecular genetic examinations (research); confidentiality or protection of the genetic information of each citizen as part of personal data; equality of citizens regardless of genetic characteristics; guarantees of personality of person when using genomic technologies; observance of human and citizen’s rights and freedoms in the exercise of the rights and freedoms of others; guarantees of a citizen’s accessibility to their own genetic information; preventive actions of the state to protect citizens from the risks of loss, damage, distortion, misuse, unauthorized access to genomic information; exchange of genomic information with other countries and international organizations. In the context of implementation of international legal norms, the proposed principles are of particular importance, since they allow to maintain the balance of legal regulation and serve as a guide for law enforcement. The proposal for the application of a number of principles of processing of human genome information must be enshrined in the Law of Ukraine «On State Registration of Genomic Information», which will facilitate the formation of legal bases into the national system of law.