National Legal Systems Research Articles

EUTANÁSIA: O ELO ENTRE UM FIM DE VIDA DIGNA E SUA RESTRIÇÃO LEGAL

This study analyzes the role of euthanasia as a way of guaranteeing a dignified end of life and the legal restrictions that this practice faces in Brazil. The central problem is to understand how legal restrictions on euthanasia impact the search for a dignified end of life and respect for the patient's autonomy? The general objective of this study is to analyze the relationship between the concept of euthanasia, the search for a dignified end of life and the legal restrictions imposed in different social, cultural and legal contexts. The choice of topic is part of the growing discussion about the right to choose for terminally ill patients in countries where euthanasia is legalized, contrasting with the Brazilian scenario, where the practice is criminalized. In this context, the tensions between the patient's autonomy, unbearable suffering and the value of life according to the national legal system will be addressed. The methodology used is qualitative and bibliographic in nature, with the analysis legislation, relevant judicial decisions, and the collection of data on the public and academic perception of euthanasia. Furthermore, legal doctrines dealing with bioethics and the right to life will be presented, with the aim of offering a critical reflection on the dilemmas involved in this debate.

Hüquq texnologiyaları və onların vəkillik sahəsinə inteqrasiyası

Since the end of the last century, the wide spread of digital technologies has had an important impact on the development of many fields. Technological innovations, like in other professional fields, are increasing their impact on the field of advocacy day by day. Some legal technologies reduce lawyers' bureaucratic burdens and perform repetitive tasks, while others help citizens or companies solve simple legal problems without the need for a lawyer. This article examines the concept of Legal Tech, the areas of use of legal technologies, their categories and their application in the field of advocacy, and highlights how lawyers can provide more efficient and better quality legal assistance by using legal technologies in the performance of their profession. The article also touched upon the issues of using artificial intelligence in the legal profession, the practice of applying legal technologies in foreign countries and the level of development of these technologies in our country. Thus, the extensive use of legal technologies by a number of advanced countries of the world, especially the application of technologies based on artificial intelligence in international and national legal systems, has made an important contribution to the development of this field. Keywords: legal technologies, lawyer, electronic advocacy, artificial intelligence, e-government, e-court, e-discovery, technological applications, data security.

Responsibility of Land Deed Officials: Implications of Legal Convergence on the Harmonization and Integration of Collateral Law and Telematics Law

The dynamics of the convergence of telematics law within the national legal system, notably in the area of land, are represented by the Minister of Agrarian Affairs and Spatial Planning's Regulation Number 5 of 2020, which also serves as the head of the National Land Agency. One of the effects of land digitization is the Ministerial Regulation, which has changed the mortgage rights registration process from a traditional system to an electronic or digital one. Despite being virtual, the digitalization of Mortgage Rights registration involves actual legal actions with clear legal ramifications. The Land Deed Official is directly involved in the electronic execution of Mortgage Rights, which is governed by the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency number 5 of 2020. The objective of this study is to investigate the consequences of the convergence of the Law on Mortgage Rights and the Telecommunication Law. This convergence results in the creation of digital-based Mortgage Rights via an integrated Electronic Mortgage Registration system, which is also known as the Electronic Mortgage System. The role and obligations of the Land Deed Official are also affected by this. This study employs a prescriptive, normative-juridical methodology. Based on the research findings, it is known that the conversion of the collateral registration system from a traditional system to a digital system is affected by the convergence of telematics legislation and the law of collateral guarantees. Because of the discord and breakdown of the Mortgage Law, the Electronic Information and Transactions Law, and the Regulations of the Land Deed Official, this also affects the status and legal obligations of the Land Deed Official, who fails to maintain the principle of justice..

«Simple» Criminal Law Measures to Combat Organized Crime and Consequences of their Application

Effective criminal law measures to counter organized crime should be based on an adequate understanding of this phenomenon and should comply With the principles, approaches and traditions of the national legal system. The disposition of the article 210.1 «Occupying the highest position in the criminal hierarchy» introduced in the Special Part of the Criminal Code of the Russian Federation is excessively concise and does not correspond to the fundamental principle of legal certainty of criminal law norms. Despite the declared successes in its application, the practice of judicial review of criminal cases of crimes is ambiguous. In addition, the conviction of a «thief-in-law» («criminal lord») and his incarceration does not deprive him of either a criminal «title» or real power in the criminal world. The low effectiveness of criminal law measures is explained by the fact that the «thieves’ world» and its criminal hierarchy headed by «thieves-in-law» are neither a criminal community (criminal organization), nor an organized group or any other form of complicity listed in Article 35 of the Criminal Code of the Russian Federation. It is proposed, having eliminated terminological redundancy, to call it a criminal community, in contrast to the forms of complicity provided for in Part 4 of Article 35 and Article 210 of the Criminal Code of the Russian Federation that are more correctly called criminal organizations. The paper defines a criminal community in its new understanding, and proposes a set of criminalized acts to effectively counter this phenomenon.

Legal Terminology: The Meaning of Unification and the Relationship Between the Concept of Harmonization

The scientific article is devoted to the author's discussion of regulatory terminology: the meaning of unification and interrelation of the concepts of "harmonization" in a scientific context. The article also substantiates the need to unify scientific approaches to defining the concepts of harmonization, unification and standardization. The conclusion is made about the key importance of these processes in the context of the integration of the national legal system and international legal norms. The features of the processes of harmonization and unification at the stages of legal education and law enforcement are determined. Currently, there is no unified terminological apparatus in the field of improving terminology in general, including regulatory and legal ones. In the scientific literature, various terms are used to denote terms, including those related to the need to streamline regulatory legal acts, such as: unification, standardization, harmonization, etc.

Integration of legal databases in the context of EU accession aspirations

It is determined that the process of cooperation within the framework of the European Union has increased the need for identification and exchange of legal information coming from regional and national authorities at the European level. This need is partially met by digitally accessible legal information and the widespread use of the Internet. However, the exchange of legal information is largely limited by the differences that exist in different national legal systems, as well as the differences in their technical systems used to store and display the law on their respective websites. This hinders interaction between the information systems of national and European institutions, despite the increase in the availability of documents in electronic format. At the same time, the interconnection of national and international legal information from various sources and their presentation in the form of linked data of legal knowledge will undoubtedly improve the process of searching for legal information, expanding the possibilities of inquiries that are not currently possible. Moreover, in an increasingly digital society, where the number of cross-border civil and criminal proceedings is rapidly increasing, and given the complex diversity of different legal systems in the EU Member States, the simplification and facilitation of cross-border judicial cooperation is essential to ensure effective access of citizens and businesses to justice. At the same time, the system of identification and metadata should be well known to citizens and specialists in the field of law. In addition, to increase the chances of finding case law that is supported by an identifier and metadata, these court decisions should be searchable - by identifier and a minimal set of metadata - through a common interface. The exchange of digital evidence in the EU is also an important aspect. Currently, countries cooperate using private international law in cross-border criminal cases and exchange digital evidence based on these tools. The choice of tool depends on the countries involved and the type of information required.

Legal aspects of children’s privacy on the Internet: balance between protection and freedom

The article is devoted to the study of legal aspects of protection of personal data of minors in the digital environment. In today’s world, the development of information technologies and the widespread use of the Internet create new challenges for the legal system, in particular with regard to the protection of personal data of children and adolescents. The article analyzes national and international legislation regulating the protection of personal data of minors, in particular the provisions of the General Data Protection Regulation (GDPR) and Ukrainian legal acts. Different approaches to giving consent to the processing of personal data by minors are highlighted, in particular, the role of parents or legal representatives in this process. Existing methods of ensuring consent, such as double opt-in, as well as challenges associated with the practical implementation of these methods are considered. The article also outlines the risks children face online, including illegal data collection, including cyberbullying, phishing, child trafficking and other threats. The need to implement effective legal mechanisms for the protection of children on the Internet, which ensure both safety and freedom of information activity, is emphasized. Ensuring the security of personal data of minors in the digital environment should become one of the priority tasks of modern legal regulation, which requires a comprehensive approach and integration of the best international practices. The author concludes that the effective protection of children’s personal data requires a balanced approach that would combine a high level of security with respect for the rights and freedoms of the child in the digital environment. Increasing the level of digital literacy among children and their parents, as well as creating an appropriate legal infrastructure, are important factors that will contribute to reducing risks in the digital environment. The integration of such approaches into the national legal system should become a priority to ensure the sustainable development of the information society. Successful implementation of these initiatives will not only reduce potential threats to children, but also contribute to the formation of a safe and responsible information space for future generations.

Foreign experience of administrative and legal regulation of discretionary powers in the branch of land relations

The article collects and analyzes approaches to understanding and conditions of application and implementation of discretionary powers of local self-government bodies in the sphere of land relations of foreign states. The realities of modern life require public authorities not only to timely and fully fulfill their tasks, but also to comply with high standards of integrity. The described tasks and goals are especially important in the implementation of discretionary rights and duties that can be carried out with a certain freedom of action or at all - at their own discretion. The scientific novelty of the study is that this study in the context of the application of administrative discretion of representative and executive bodies of local self-government is carried out for the first time and can be the basis for reviewing the content of national legislation on these issues and significantly influence the development of legal policy on these issues. The author analyzes the existing normative legal acts that are used by municipalities in different states to exercise their administrative functions at their own discretion on this issue. The study concerns both general approaches to understanding administrative discretion, which often takes place through the adoption of legislation on administrative procedure (their principles, legal certainty and purpose), and the options for their application to the sphere of land relations. The article describes the legal regulation of these phenomena in countries such as Italy, Spain, Germany, Austria, USA, France, Great Britain, Norway, Albania, Finland, Bulgaria, establishes patterns, trends and common features of legal regulation, speaks of successful practices, successful experience and prospects for its adoption into the national legal system. The author focuses on the trends in the development of administrative discretion and the importance of digitalization, openness, dialogue and public participation in resolving issues of land relations and concludes on the state of legal certainty of powers, which can be exercised at the discretion of municipalities only by describing the general requirements for the behavior of the latter, to a lesser or greater extent limits the freedom of their operation by law and always grants the right to interested persons to challenge decisions made that affect the sphere of their interests.

Organization and implementation of judicial control at the stage of pre-trial investigation in foreign countries

The scientific article examines the peculiarities of the organization and conduct of judicial control of the preliminary investigation in European countries. It was determined that judicial control in historical retrospect dates back to the Middle Ages, so it has a long practical experience of application. It has been established that in the national legal systems of European countries, judicial control is organized differently, therefore the scientific literature confirms the existence of two types of models of judicial control depending on the purpose of judicial control in a criminal process. The first type of models is characterized by the presence of investigative functions and powers in the field of investigative actions for the representatives of the judiciary, who are authorized to exercise judicial control over the pre-trial investigation. The second type of models of judicial control in European countries is organized in such a way that representatives of the judiciary in pre-trial investigation are empowered with powers that are limited to resolving issues related to monitoring the observance of the rights and freedoms of the participants in the pre-trial investigation, without decisive influence on the course of the pre-trial investigation. The peculiarities of the specialization of entities that perform the functions of judicial control were analyzed and it was determined that they are divided into judicial bodies that are not separated from general courts (they lack specialization); judicial bodies in which there are separate positions of investigative judges in general courts; specialized judicial bodies. The advantages and disadvantages of the models of the first and second type of organization of judicial control over pre-trial investigation in Europeancountriesareestablished. Theadvantages of the first-type models are the cost-effectiveness of the organization of judicial control, the second- type models are characterized by a higher degree of quality protection of the rights and freedoms of a person in pre-trial investigation due to the exclusive specialization of representatives of the judiciary. It was determined that the peculiarities of legal regulation of judicial control over pre-trial investigation in Ukraine allow us to conclude that it belongs to the second type of models. Depending on the degree of specialization, the Ukrainian model of judicial control provides for the position of an investigative judge in the system of courts of general jurisdiction.

أحكام المسؤولية الدولية وفقاً لقواعد القانون الدولي

The establishment of liability is considered a natural punishment in any legal system, whether through national legal systems, in particular the international community, and responsibility in this case arises, regardless of the person who violates the provisions of national or international law, as a result of the error or unlawful act committed by the offending person, and the cause of damage to another person, which leads to the establishment of responsibility in favour of the latter against the person who committed an unlawful act, or refrained from doing a legitimate act, and the cause of this act or omission is harmful to another person. Based on the foregoing, international responsibility in the face of States and other persons of public international law addressed under international legal rules as a normal procedure resulting from the establishment of international responsibility as a result of violating the sources establishing international legal rules, namely either international treaties, international custom or even general principles of law, where the State that violated the provisions and rules of international law is obliged to compensate the State affected by the wrong or wrongful act, or by restoring the situation to their correct as much as possible, and the establishment of international responsibility in this case is considered an actual translation of the provisions and rules of international law through its practical application on the ground Reality. As a result of international law's keenness to protect the international community and its rights from illegal practices, international responsibility must be established towards any person of public international law who has infringed on the rights of other persons, which has added some effectiveness to the rules of international law, unlike in the past when resorting to the settlement of disputes by peaceful means was almost impossible.

взаимодействие внутригосударственного и международного права в Таджикистане в условиях глобализации и мировых вызовов

The interaction of international and domestic law being a central issue of legal doctrine and practice has always attracted the attention of legal scholars, which indicated the relevance of its study both within the framework of international and national legal systems. The relevance of their interaction is doubly increased when, in the conditions of international legal crisis and conflicts, the influence of international law on interstate relations is minimized, and politicians, diplomats, scientists and the world community in general began to doubt its legal effectiveness in regulating international relations. In modern conditions in the process of interaction between international and domestic law, the state begins to proceed from national interests and primarily in the regulation of social relations began to rely on national legal systems. Hence, there is a need to reconsider the forms and mechanisms of interaction between international and domestic law, which were formulated in the middle of the last century and as it seems to us are no longer able to regulate the new social relations of not only the new century, but the new millennium.

COMPARATIVE LEGAL ANALYSIS OF TAX MEASURES TAKEN IN CRISIS CONDITIONS

The world's economic and legal systems are facing a huge challenge to overcome the negative consequences imposed by recent social distortions. In 2020, what started as a health crisis quickly turned into an economic-social problem where an express response was required to ensure the functioning of social actors. This economic-social crisis was followed in a short period by new security crises with additional consequences on national systems. The response to the newly created conditions requires a multidisciplinary approach that will include measures of a health, economic, social, and security nature, adopted on the principles of legislation and expediency within the national legal systems. These measures have their own direct or indirect tax component. The purpose of this paper is to perform a legal analysis of the tax measures taken in the national systems. The scope of the research covers the member states and candidate countries for membership in the European Union. The focus is on the more recent crisis period, with particular emphasis on the COVID-19 period. The analysis primarily focuses on the legal element of the tax measures, the procedure of their implementation, and their legal nature. Also analyzed are the challenges that they have on the taxpayers and the administrative authority for their performance. The method of comparison in the paper is used to compare the similarities and differences between the tax measures in the different national systems and to detect the legal challenges imposed by the established crisis conditions. At the end, conclusions are given about the current situation and recommendations on how the establishment of tax systems should be in the future in crisis conditions.

Səhiyyə sahəsində beynəlxalq hüquq normalarının milli hüquqi implementasiyasının prinsipləri

The article examines the principles of national legal implementation of international legal norms in the field of healthcare. It shows that those principles serve the coordination of international legal norms and national legislation in the field of healthcare. In this process, the role of universally recognized principles of international law is determined. The necessity of the recognition of international legal norms’ supremacy in order to ensure the mentioned coordination is emphasized. It is noted that this is possible in case the public order of the national legal system is not violated. Keywords: healthcare, principles, international legal norms, national legal implementation, legislation, national legal system.

RETURNING TO THE PUBLICATION OF DOCTOR OF JURIDICAL SCIENCES, PROFESSOR M.A. SARSEMBAYEV «THE NEED TO IMPROVE STANDARDS OF ILO CONVENTIONS AND THE KAZAKHSTAN LABOR LAW»

This article analyzes the article by Professor M.A. Sarsembayev on the topic «The need to improve standards of ILO conventions and the Kazakhstan labor law», which was published in the Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan No. 2 (47) in 2017. In the article Professor M.A. Sarsembayev focuses on the International Labor Organization (ILO) conventions, including the e Convention on Equal treatment and equal opportunities for men and women workers: workers with family responsibilities, adopted in Geneva on the 67-th session of the ILO General Conference on 23 June 1981, the Convention on the Protection of Wages, adopted in Geneva on 32-th session of the General conference of the ILO 1 July 1949, and the ILO Convention on the Minimum Wage Fixing Machinery by 16 June 1928, which are ratified by the Republic of Kazakhstan, with the aim of improving the norms of national labor legislation. The author also identifies shortcomings in these conventions and provides recommendations (translations, new formulations, additional articles, and terms) for their improvement, emphasizing that Kazakhstan, as a party to these conventions, can make proposals for their enhancement through the ILO’s Bureau of Labor Administration. The article also addresses the issue of accession to conventions such as the Convention on Minimum Standards of Social Security (No. 102), the Convention on the Right to Organize and Collective Bargaining in Agriculture (No. 11), the Convention on Compensation for Workmen in Agriculture (No. 12), and the Convention on Medical Care and Sickness Benefits for Workmen in Agriculture (No. 25), considering their significance for the national legal system of Kazakhstan.

SOCIO-LEGAL CHALLENGES OF INDIGENOUS LAND IN WEST KALIMANTAN: CUSTOMARY PRACTICES AND NATIONAL LAW

Customary law in the national legal system is undoubtedly fundamental to maintaining existence because customary law can also be applied to resolve conflicts in society. This research uses socio-legal methods, and the data obtained is based on data in the field through an interview process with several related parties. In contrast, for legal problems in this society, only some things can be resolved through a customary law approach. For example, in the Dayak indigenous community, several legal problems cannot be resolved according to custom, especially regarding unregistered land rights. These problems certainly cannot be solely resolved using a customary law approach. This certainly shows that customary law cannot necessarily accommodate the interests of Indigenous peoples because this is also closely related to legal certainty. Because they relate to legal certainty, they must be resolved through a positive legal approach, such as submitting a request to the court or an application to the relevant agency. This certainly happens because the legal awareness of regional communities in Indonesia is currently not very good; this leads to legal issues within indigenous communities that cannot be resolved through customary law.

SPECIFICITY OF THE CREATION OF THE ECONOMIC AND LEGAL MECHANISM FOR THE FORMATION OF A GREEN ECONOMY

The article is devoted to the study of the issue of the formation of the green economy as an important direction of the development of society. The article identifies the main problems on the way to the development of the green economy. So, in particular, they include the lack of a clear, comprehensive economic and legal mechanism that would take into account the peculiarities of the national economy, legal system and environmental policy. The purpose of the article is to determine the key aspects of creating an economic and legal mechanism for the formation of a green economy. It was determined that an effective economic and legal mechanism for the formation of a green economy should be based on the harmonization of economic and legal aspects, as well as a comprehensive approach to its construction. The authors reveal the main economic aspects of the formation of the green economy (financing and investments, pricing and environmental taxes, innovation stimulation). It has been established that legislative initiatives, regulatory bodies and control, international agreements and standards, as well as national strategies and programs should be included in the legal aspects of the formation of a green economy. It was noted that the main lever for achieving success in the process of establishment and development of the green economy is the establishment of cooperation between state bodies, the private sector and the public. It was determined that attracting financial resources, developing effective legislation, control and monitoring, as well as international cooperation are key elements for achieving sustainable development and ensuring environmental safety. The authors concluded that the prospects for the formation of a green economy in Ukraine are quite favorable, provided that an integrated approach to the solution of environmental problems and the creation of an economic and legal mechanism for the formation of a green economy are provided. The implementation of the green economy will not only improve the quality of life and preserve the environment, but will also become an important factor in economic growth and increasing the country's competitiveness at the international level.

Constitutional presumption of innocence and the institution of release from criminal liability: correlation issues

The purpose of the article is to determine, taking into account the results of the analysis of the current legislation of Ukraine and the provisions of the doctrine of criminal law, the issues of correlation and ensuring the compliance of the institution of release from criminal liability with the constitutional presumption of innocence. The methodological basis of the presented article includes a complex of general and special legal methods including analysis and synthesis, the method of description and observation, comparative- and formal-legal methods. Results and conclusions. The article, taking into account the results of the analysis of the current legislation of Ukraine and the provisions of the doctrine of criminal law, identifies the problems of the relationship between the institution of release from criminal liability and the constitutional presumption of innocence. It is established that the release from criminal liability does not refute the admission of guilt of a person, if you give him the value of official confirmation (statement) of the fact that he committed a criminal offense. It is determined that the release from criminal liability also concerns the problems of ensuring the rule of law in the activities of public authorities, compliance of criminal law with the principles and norms of international law, systemic coherence of various branches of the national legal system. It is determined that the presumption of innocence is recognized as one of the fundamental principles of criminal justice in a state governed by the rule of law. At the same time, it is an important element of the right to a fair trial guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which is part of national law by virtue of Article 9 of the Constitution as an international treaty. However, despite its fixation in the most important international legal acts that enshrine universal standards of fundamental human rights, and the enshrinement of the Constitution of Ukraine states that in practice the presumption of innocence is often violated, as evidenced by a number of decisions of the European Court of Human Rights concerning Ukraine.

National discretion or broadening acceptable interpretation? A comparative overview of the transposition and implementation of the Water Framework Directive

AbstractEuropean Union (EU) directives must be transposed into national systems and effectively implemented by all Member States. Differences between national legal systems are an inevitable reality when implementing EU law. Variations in the transposition and implementation of directives can lead to significant differences in the regulatory environment. This article discusses the variations in the transposition and implementation of the EU Water Framework Directive (WFD) in Austria, Finland, Germany and Sweden. What all the analysed Member States have in common are efforts to find ways to comply with the stringent requirements of the WFD. As Member States aim to achieve the requirements of the WFD, they simultaneously appear to look for ways to broaden acceptable interpretations of the WFD requirements to accommodate the national context. This article identifies and examines the different instances where such broadening of interpretation of the WFD has taken place in the four Member States.

Book Review: Mukaddam F Muslim Women between Community and Individual Rights: Legal Pluralism and Marriage in South Africa (Springer Nature Switzerland 2024)

This review examines the book by Fatima Mudakkam titled Muslim Women between Community and Individual Rights: Legal pluralism and Marriage Rights in South Africa (2024). The book explores the pluralistic nature of South Africa’s national legal system, focusing on the experiences of Muslim women governed by Muslim Personal Law. It provides a critical analysis of how this legal pluralism affects Muslim marriages and the civil rights of women within these marriages. The book is an essential contribution to the ongoing discourse on gender justice and legal pluralism in South Africa.

EMPLOYEE’S RIGHT TO INFORMATION IN ECHR JUDGMENTS: ANALYSIS OF SPECIFIC CASES WHERE THIS RIGHT WAS VIOLATED OR RECOGNIZED - DOI: 10.12818/P.0304-2340.2024v84p335

Observance of the employee’s right to access information is important because the priority direction of state policy is the formation of a democratic country, which presupposes a strict observance of inalienable human rights and freedoms, maintenance of the rule of law and democracy. This study contributes to the development of the national legal system, protection of human rights, and preparation of Ukraine for integration into the European legal framework. It is necessary to take into account and adapt European standards to ensure fair and effective mechanisms for protecting employees’ rights. Therefore, the study of the ECHR cases on the employee’s information right can help Ukraine to adapt its legislation and judicial practice to European standards, which is a necessary step towards joining the European Union.