National Law University Research Articles

Social intelligence of cadets of the security and defence sector higher education institutions who receive higher education in the specialities of “Law” and “Psychology”

The article emphasises that for the actors of the security and defence sector, solving various communication situations is a constant and important task which can become difficult to perform if the social intelligence abilities are not sufficiently developed. A comparative analysis of the peculiarities of social intelligence abilities of higher education students of higher education institutions of the security and defence sector, who study in the specialities of “Law” and “Psychology”, was carried out. It is emphasized that the specificity of the social situation of the study participants' intellectual abilities development is due to certain features: lockdowns and quarantines of 2020–2021 with the vast majority of distance education, which were caused by the spread of the COVID-19 virus infection; martial law, which has been in force since February 2022. The senior students of Kharkiv National University of Internal Affairs and the Military Law Institute of Yaroslav Mudryi National Law University took part in the study. The empirical data were obtained using J. Guilford’s psychodiagnostic methodology for studying social intelligence. It has been found that the general level of social intelligence of most of the surveyed cadets corresponded to the average level. It has been shown that the general level of social intelligence of the cadets studying “Psychology” was higher than that of the cadets studying “Law”. It has been revealed that the differences in the level of social intelligence of the surveyed groups of cadets were due to a statistically significantly higher level of development of the ability to predict the consequences of the behaviour of others in typical conditions among cadets studying “Psychology” and a more developed ability to understand the logic of interaction situations and the significance of people's behaviour in these situations. It has been established that the most developed ability of social intelligence of the study participants studying in the speciality “Law” was the ability to understand the change in the meaning of similar verbal reactions of a person depending on the context of the situation that caused them. It has been argued that the specific social conditions of personality formation of higher education students in recent years have not significantly affected the level of development of their social intelligence abilities. The main directions of development of social intelligence abilities of cadets studying in different specialities are presented.

Juvenile Justice Act: A Critical Assessment of Its Role in Supporting Vulnerable Youth

Juvenile Justice Act: A Critical Assessment of Its Role in Supporting Vulnerable Youth Ms. Amruta Arjun Chavan B.SL, LL.B, LL.M, PGDHR, PGCADR, SET, (Ph.D. in Law) Teaching Associate of Law, Maharashtra National Law University, Aurangabad Abstract One important piece of legislation designed to address the interests and rights of young people who are at risk within the legal system is the Juvenile Justice Act. In this research paper the efficacy of the Act in protecting, rehabilitating, and reintegrating young offenders is critically examined. The research outlines important strengths and opportunities for development by analyzing the Act’s provisions, implementation techniques, and results. The study emphasizes the need of a comprehensive strategy that strikes a balance between responsibility and the necessity of compassionate intervention, stressing the contribution of psychological, social, and educational support to good development. This paper intends to add to the current conversation on juvenile justice reform and the development of a more equitable and encouraging system for young people in legal trouble by evaluating the Act’s effects on vulnerable adolescents. This paper critically examines the Juvenile Justice Act and its efficacy in addressing the needs of vulnerable youth within the Indian criminal justice system. With a focus on the socio-legal framework established by the Act, this study explores the challenges and shortcomings in its implementation, particularly concerning marginalized groups. Also, various provisions of the Act, including the rehabilitation measures for juvenile offenders and the legal protections afforded to children in conflict with the law. Keywords: Juvenile Justice Act, Vulnerable Youth, Criminal Justice System, Rehabilitation, Juvenile Delinquency, Child Rights, Legal Framework, Mental Health, Social Justice, Child Protection. etc.

REVIEW of the study guide "Daniyan O. G., Dzoban O. P. Philosophy of Information Law. Kharkiv: Pravo, 2023. 322 p." (Professor of the Department of Philosophy of Yaroslav Mudryi National Law University, Doctor of Philosophy, Professor Y. Kalynovskyi)

У тексті посібника авторами піднімаються проблеми правового забезпечення інтересів людини і суспільства в нових інформаційних відносинах. До таких проблем автори відносять: забезпечення права на інформацію, охорона інформаційних продуктів інтелектуальної власності й персональних даних в умовах масового їх переведення в цифровий вигляд, захист життя і здоров’я від мережевого комп’ютерного «цунамі», захист індивідуальної і суспільної свідомості від їх використання під час масових акцій, право на життя і збереження людської природи в сучасних умовах. При цьому зазначається, що спроби вирішення названих проблем сучасності знаходить віддзеркалення в Конституції України, міжнародних документах і інших нормативних правових актах, проте, їх фундаментальне правове наукове узагальнення і осмислення потребує нових наукових розвідок.

Awareness and Satisfaction of Web-Based Library Services: A Study of National Law University, Lucknow (India)

Awareness and Satisfaction of Web-Based Library Services: A Study of National Law University, Lucknow (India)

Challenges of Open Science: Problems of Metadata Research and Analysis of Scientometric Indicators of Scientists (Experience of the Scientific Library of Yaroslav Mudryi National Law University)

Objective. The scientific publication aims to analyze the development of open science based on international and national experience, as well as to show efforts of the National Law University in the direction of promotion of open science and management of metadata related to scientometrics indicators of scientists. Methods. To attain the indicated objective, theoretical methods of scientific research were used: literature analysis and systematic approach. Results. The result of this research is systematization of scientometrics services developed by the Scientific Library of Yaroslav Mudryi National Law University to inform scientists about their scientometric indicators that reflect publication activity in the two main international scientometric databases Scopus and Web of Science. Conclusions. It is important to promote open science in university repositories, which are one of the services that manage metadata.

Survey of the doctrine of the multiplicity of criminal offenses in the scientific works of Professor M. I. Bazhanov

The article is dedicated to the memory of the well-known scientist Professor M. I. Bazhanov, who made a significant contribution to the formation and development of the modern domestic science of criminal law.
 It was noted that at the Department of Criminal Law of the Yaroslav Mudryi National Law University, the institute of multiplicity of criminal offenses it was the doctor of legal sciences, professor, academician of the Academy of Legal Sciences of Ukraine Mark Ihorovych Bazhanov who initiated the offenses. In his works such as "Prescribing punishment according to the totality of crimes and totality of sentences (1977), "Prescribing punishment according to Soviet criminal law" (1980), "Criminal law of Ukraine. General part" (1992), "Repetition of crimes as a type of multiplicity of crimes" (1993), "Multiplicity of crimes under the criminal law of Ukraine" (2000), several editions of the textbook "Criminal law of Ukraine: General part" (2001 , 2003) considered a wide range of issues related to the characteristics of the institution of the multiplicity of criminal offenses, their concepts, signs and types, problems of punishment, other legal consequences.
 Much attention was paid to Professor M.I. Bazhanov devoted himself to the study of single criminal offenses as structural elements of the multiplicity of criminal offenses. In particular, under his scientific guidance, two dissertations of candidates of legal sciences were prepared and successfully defended, devoted to the specified torts: in 1990 - I. О. Zinchenko: "Compound crimes in Soviet criminal law: concepts, types, some problems of qualification and construction of sanctions" and in 2002 by Ye. V. Shevchenko: "Crimes with derivative consequences".
 Thus, there is no doubt that M. I. Bazhanov's contribution to the study and development of the doctrine of the multiplicity of criminal offenses is extremely important, and his scientific concepts and expressed ideas are still relevant for the doctrine of criminal law today.

National Education Policy 2020 and Challenges to the Bar Council of India

Every field of higher education, including the arts, social sciences, physical sciences, technology, and law, as well as every form of education, whether general, professional, or technical, has something to ‘take’ from the National Education Policy (NEP) 2020. This is the first time in the history of the National Education Policy that legal education is referenced within the context of higher education. All stand-alone universities, such as National Law Universities, must be turned into multidisciplinary universities under Policy 2020. By 2030, all institutions that provide professional or general education will strive to organically evolve into institutions that provide both fluidly and integrated manner. The Policy called for the complete abolition of the affiliation system and the conversion of affiliated institutions into either constituent colleges of the university under the direct management and control of the university or autonomous multidisciplinary degree conferring colleges, or for a few affiliated colleges to be bundled together through mergers and acquisitions and then converted into either autonomous institutions or universities, and affiliated colleges in phase manner will be converted into autonomous colleges. Under the NEP 2020, there will be a single regulatory structure for all forms of education, with the exception of medical and legal education. However, the Policy did not establish or mention a distinct regulator for law and medicine. Whereas the National Medical Commission (NMC), the successor to the Medical Council of India, was established to regulate medical education, the Bar Council of India (BCI) was established by the Advocates Act solely to establish a professional body for practising advocates (Bar Council of India and States). If the BCI is to function as a regulatory body for legal education, it must walk a mile in order to implement the NEP 2020 for all stages of legal education, undergraduate, postgraduate, and research studies, as well as for all types of education, academic, professional, and clinical skill learning. Assuming that the deadline specified in the NEP 2020 is final and that a new shape of education is required under the NEP, BCI will need to emphasize what needs to be done and then how such changes in all levels can be accomplished within the timeframe!

The Effectiveness of Mobile Learning Technology at the Tertiary Level During Conflicts

The paper investigates the effectiveness of personal smartphones and other mobile devices for learning English at the tertiary level during hostility in Ukraine. The research methods included 1) general theoretical methods (analysis and synthesis); 2) empirical methods (quasi-experiment, observation, interpretation); 3) methods of mathematical statistics (Pearson’s criterion). The material of the research involved 80 students of the first year of Yaroslav Mudryi National Law University (Kharkiv, Ukraine) during spring semester of 2021/2022 academic year. There were two samples: the experimental group (N = 40) that learned the course of “Legal English” exclusively through mobile devices and the control group (N = 40) that had only traditional forms of learning. The results revealed that academic progress of the students of the experimental group have improved by 15%, while achievements of the students of the control group have deteriorated by 10%. The reliability of the results is confirmed by the methods of mathematical statistics (p-value = 0.25; the significance level was chosen as 0.05). The conclusion is that mobile learning technology, which is able to provide students with access to systematic online training; platforms containing different textbooks and other local and remote educational content; as well as various educational services may become a great teaching and learning tool.

E-Learning at the Tertiary Level in and After Pandemic

The article deals with new challengers in higher education system in terms of reality caused by coronavirus COVID-19. Some positive experience in English distance teaching and learning (at the basis of Yaroslav Mudryi National Law University, Ukraine) is described as it is significant in pandemic and may become useful for post pandemic society to improve educational processes. The purpose of the paper is to share positive ideas for English e-learning organization at the tertiary level in pandemic in order to use e-learning gains in further educational practice, highlight and solve its problems. General theoretical methods (analysis and synthesis) as well as empirical (observation and discussion) helped to find out advantages and identify disadvantages of the issue under study. The study has reached the following conclusions: asynchronous distance learning is effective for highly motivated students; synchronous forms demonstrate ability for developing all kinds of language skills. Advantages of distance teaching and learning there are: opportunity to display necessary didactic material on screen, to play audio recording or video materials for students in better quality. We have identified these problems: necessity of strong students’ motivation, connected with self-organization and the ability to work independently; sometimes insufficient technical skills of academic staff; academic dishonesty, which leads to meaninglessness of testing.

Role of remote access solutions for accessing library resources: A panacea for sustainable access to legal databases during pandemic

Physical access to libraries and information centers was obstructed due to nationwide lockdown as an outcome of the spread of corona virus. In this scenario, libraries played a pivotal in extending reference and research services to its clientele through various mechanisms. Remote access to electronic resources is one of such mechanisms. The present study is an attempt to know diverse patterns of accessing electronic resources through remote access software during pandemic by users of a Law University based in India namely National Law University Delhi (NLUD). The study also aims to analyze the frequency of referred electronic resources during pandemic on various parameters such as most referred legal database, maximum number of downloads, maximum number of logins, content based logins and downloads for various legal databases from the perspective of different user categories. The data for the present study has been extracted from the remote access software namely Remote Xs subscribed by the university. The Study finds that post graduate students are the major users among different user categories accessing the electronic resources through remote access mechanisms during the lockdown period. The study also reveals that among various electronic resource categories, the most popular category were e-journals. Apart from this, most referred Indian legal database was Manupatra and JSTOR was the most popular International legal database.

Psychological impact of online learning during covid-19 pandemic on students' mental health as life quality basis

The article describes current problems of students' life quality connected with online learning caused by Covid-19 pandemic and related quarantine. Since online learning can be considered stressful, and that pandemics and quarantine restrictions increase its impact on students' emotional and mental health as a basis for their quality of life, it is significant to discover their impact. The purpose of the research is to examine changing in students’ mental health during two periods of online learning. 258 students of Yaroslav Mudryi National Law University (Ukraine) became the sample group. Quantitative and qualitative methods have been used to achieve the purpose. The results have revealed that a rate of stress and an anxiety level among students have grown drastically comparing the first and the second online learning periods. The major conclusion is that experiencing stress, caused by online learning in terms of the pandemic and quarantine, a persons’ psychological well-being is badly influenced and can lead to depression. Practical recommendations to reduce stress and psychological problems have been proposed.

National Law University Library Consortium: A Step towards Equal Opportunity

National Law University Library Consortium: A Step towards Equal Opportunity

Numbers Don't Lie: COVID-19 Legal Trends in ASEAN

This study compares the COVID-19 legal trends among 10 ASEAN countries during March 2020-September 2021. The study is an explanatory project with quantitative approach in comparing the number of legislation in South East Asia. The study aims to obtain a credible quantitative report from the region. The report would be beneficial to future qualitative reasoning when in-depth individual country's pandemic profile is taken into account. The comparison examines the Covid Law Lab database, a joint collaboration between the World Health Organization (WHO), United Nations Development Programme (UNDP), the Joint United Nations Programme on HIV/AIDS (UNAIDS), the O'Neill Institute for National and Global Health Law and Georgetown University. Globally, among 4,880 Titles adopted in 192 countries, 1493 (31%) Titles are under the topic of 'movement and distancing restriction', followed by 470 (9%) Titles on 'state of emergency'. In ASEAN, 'movement and distancing restriction' remains the most legislated topic. The Philippines is recorded as the most legislating country in the region (150 Titles), followed by Myanmar (139 Titles) and Indonesia (138 Titles), while the least legislating country is Brunei Darussalam (1 Title). This study finds that COVID-19 legal trends in ASEAN is divergent to some extent from the global picture. Nonetheless, 'movement and distancing restrictions' legal topic is prevalent in the region and has led the 10 countries to its current pandemic situation.

The Idée Fixe of Corporate Jobs in India: The Institutional Change in Legal Education and the Different Factors for the Shift

The rise of the corporate sector in the legal profession is a phenomenon which has been accompanied by a rising popularity of the legal profession. The legal profession from being a mere ‘backup’ option has transformed into a lucrative avenue which students are choosing to opt for willingly that is, the profession has gained the attention of students as a worthwhile career option. There is a web of factors which is propelling this trend in India. These factors include the increasing standards of legal education in India, and the establishment of the first National Law University in Bangalore in 1986. NLSIU’s polished and premium education standards set the ball rolling for National Law Universities which were established following its example. The legal profession took centre-stage and provided that option to the students. The allure of a corporate job where they could earn lakhs and climb hierarchies in order to earn more proved to be an effective potential reward for this new generation of students. This change in the prioritization of an entire generation resulted in the NLUs re-orienting their curriculum to offer the best corporate conditioning to these young aspiring lawyers. The initial idea of focusing on improving the litigation standards of the country was effectively discarded and it was replaced with an active pursuit of producing a corporate culture in law schools. This article will look at the institutional change, the factors affecting this shift in legal education, and concludes by identifying both positive and negative factors due to this shift.

Yaroslav Mudryi National Law University ‒ the leading law institution of Ukraine

Yaroslav Mudryi National Law University ‒ the leading law institution of Ukraine

Preface

This current issue (Vol. 11, No. 01, 2021) is a special edition of IARS’ International Research Journal with the theme of COVID-19 PANDEMIC AND ENDANGERED LANGUAGES. The issues has been edited by Prof. (Dr.) Maya Khemlani David and Prof. (Dr.) Prasannanshu. The mentioned issue has been published as a Proceedings of the International Webinar on Covid-19 Pandemic, and the Endangered Languages held at the National Law University, Delhi, Sector-14, Dwarka, New Delhi, India From 9 – 10 July 2020. The same has been organized by the UGC Project on ‘Study and Research towards Preservation and Promotion of Indigenous and Endangered Languages in collaboration with the Centre for Linguistic Justice and Endangered Languages’, National Law University, Delhi.

Content analysis of select university library websites of Delhi: An Indian scenario during Covid-19 pandemic

The digitization of information has brought a new concept altogether and has marked the beginning of 'information era ’which nonetheless left libraries behind to reach their users in the present digital world through their websites as a linkage without physical presence. At this time of pandemic websites are serving at its most for online teaching and learning as well. Considering the importance of information resources available on the library websites the study is conducted to analyse the contents of University of Delhi, Jawaharlal Nehru University, Indira Gandhi National Open University, Jamia Millia Islamia, Guru Gobind Singh Indraprastha University, Ambedkar University Delhi, Indraprastha Institute of Information Technology and National Law University by preparing checklist based on general information, collection, facilities, services, best practices and application of web 2.0 technologies provided on the websites. Analysis reveals that all the libraries under study are providing substantial resources and information on their websites which includes e-books, e-journals, e-databases, link to institutional repositories, consortia resources and digital libraries, open access resources as well as password access resources for their registered users, study also provides suggestive measures. Further, it is anticipated that the present study will be useful not only for said universities but for other universities also to update their library websites to serve their patrons during this pandemic and thereafter.

Paving Through the Corridors of National Law University Libraries of North India: An Anthology of Resources and Services

Paving Through the Corridors of National Law University Libraries of North India: An Anthology of Resources and Services

Бюджетне право як провідна підгалузь фінансового права

The article is dedicated to characteristics of Budget Law as the main sub-branch of Financial Law. A lot of general theoretical researches are devoted to the problem of Budget Law as the sphere of maintaining budgetary activity. But this question is in the center of scientists and practiciants’ attention, especially, when it concerns specific branch researches. In the science of Financial Law this problem is complicated by the absence of strict understanding of Financial Law System, its division into general and special parts, the structures of both of these parts. Budget Law, according to traditional domestic scholars’ views on the branches of law structure in general and Financial Law in particular, is a component of special part of Financial Law and its main sub-branch. The attention is concentrated on the problem of determination the place of Budget Law as a complex of legal norms, which regulate budgetary relations in legal systems of different states: complex branch of law; sub-branch of Financial Law; totality of two institutes: budgetary arrangement and budgetary process. Recently, the scholars began to pay their attention to the System of Financial Law, more often. So that, the scientists of Yaroslav Mudryi National Law University ask question, concerning the absence of general part of Financial Law, as a complex of financial and legal norms, which reveal in special part of Financial Law Institutes. Traditionally Budget Law is considered to be a complex of two institutes: budgetary arrangement and budgetary process. Such division is determined by material and procedural rules of Budget Law. Budgetary activity of the state and its bodies is the sphere of budgetary relations rising and development. Supporting division of Budget Law into two parts: material and procedural, it can be talked about the existence of budgetary-material and budgetary-procedural activity. In any case, Budget Law is the main sub-branch of Financial Law, which exists and is realized within budgetary activity. Key words: Financial Law, Budget Law, sub-branch, budgetary system, budgetary process, budgetary activity.

Analysis and generalization of the experience of preparing and conducting on-line group exercises under quarantine

In connection with the transfer of the educational process of higher educational institutions of Ukraine for the period of the national quarantine to the distance learning mode, scientific and pedagogical workers have encountered certain difficulties in the effective implementation of group exercises. In order to overcome these difficulties and avoid mistakes in the future, it became necessary to study the experience of preparing and conducting teachers of this type of training using distance learning technologies and formulating relevant technological and methodological recommendations.
 The possibilities of existing platforms that implement distance learning technologies are considered. The results of the analysis and generalization of the experience of preparing and conducting on-line group exercises by teachers of the Military-Law Institute of the Yaroslav Mudryi National Law University in a national quarantine are presented. Ways to increase their effectiveness are proposed. Technological and methodological recommendations on the preparation and conduct of this type of distance learning are formulated.
 The content of the distance course developed on the basis of the Moodle platform is justified for the preparation of cadets (students) for a group exercise, the requirements for the placement of educational literature in the environment of the Moodle system. A rational methodology for preparing for the lesson is determined.
 The possibilities of Zoom online conference platform on the implementation of distance learning technologies in the educational process are shown.
 The technical requirements for the organization of the lesson are outlined.
 The content of the teacher’s presentation and the procedure for its demonstration are analyzed. The possibilities of attracting a second teacher to the lesson and using interactive teaching methods (key issues and working in small groups) to enhance the creative and cognitive activities of cadets (students) and also to increase the level of organization of the lesson are considered.
 The criteria for evaluating cadets (students) based on the results of a group exercise are determined.