Norms Of Law Research Articles

Отношения по правам на результаты интеллектуальной деятельности и трудовые отношения: взаимное влияние и взаимодействие

The article deals with the issues of intersectoral relations in Russian law. The legal regulation of the sphere of intellectual activity, rights to the results of this activity is complex, complex in nature, the relationships that arise often give rise to conflicts in determining the rights of the subjects involved in them. The interaction of the norms of civil and labor law is manifested, first of all, in the creation of official works, the author explores the possibilities of local and contractual regulation of labor relations in this direction of the labor activity of employees.

Законодательство о деликтной ответственности: проблемы согласованности актов и защиты прав предпринимателей

The systemic analysis of the provisions of certain regulatory acts used in entrepreneurial activity and the Civil Code of the Russian Federation allowed to assess the prospects of application of novelties of special legislation. Taking into account the legal positions of the courts of higher instance, the author finds confirmation of examples of the lack of coordination of the norms of certain laws with the provisions of civil legislation. The article proposes options for harmonising the norms of Russian legislation in order to improve the effectiveness of protection of the rights of entrepreneurs in cases of harm caused to them.

«Безопасность» или «охрана» труда как основа построения законодательства о защите жизни и здоровья работников

A comparative analysis of the categories “labor safety” and “labor protection” as a fundamental basis for the formation of labor law norms is carried out. The International Labor Organization considers the concept of “safety and health at work” a priority. In Russia, labor law was formed using the basic concept of “labor protection”. The Labor Code of the Russian Federation understands labor safety too narrowly — only as the protection of persons working in special conditions. The proposals of scientists to replace the concept of “labor protection” with “labor safety” in the norms of the Labor Code of the Russian Federation are recognized as erroneous. In the interests of expanding the boundaries of protecting the rights of workers, it is proposed to legally recognize safety and labor protection as coinciding concepts and build the regulation of labor relations on this basis.

Нововведения в регулировании дистанционной работы в Узбекистане, Кыргызстане и Беларуси: сравнение с опытом Казахстана и России

The article analyzes the innovations introduced into the Labor Code of Uzbekistan, the Labor Code of Kyrgyzstan and the Labor Code of Belarus in 2022–2023, related with regulating the differences of remote work. A comparison is made with the Labor Code of Kazakhstan and the Labor Code of Russia. The author made conclusions regarding the strengths and weaknesses of the new labor law norms. Directions for further harmonization of standards on remote work have been outlined.

Legal Protection on the Brand Owners for Counterfeiting Brands Traded through Electronic Transactions on Online Marketplace Platforms (E-Commerce)

The aim of this research is to determine legal protection on the brand owners for counterfeiting brands traded through electronic transactions on online marketplace platforms (E-Commerce). This research method used normative law or what is often called library research as this research utilized statutory regulations approach or other legal materials and concepts. In which research legal materials were carried out by examining library materials. The data used uses secondary data originating from scientific journals, books and other supporting references. Brand owners are afforded legal protection by the state if their brand has been registered with the Directorate General of Intellectual Property Rights and has received exclusive rights to that brand. This protection is enforced by the state. Regarding counterfeiting of brands that are bought and sold through transactions on the Online Marketplace (E-Commerce) platform, brand owners can make efforts to resolve disputes as regulated in Law Number 20 of 2006 concerning Trademarks and Geographical Indications through court (litigation) and outside court (non-litigation).

Comparative Analysis of Islamic Family Law and Normative Law: Examining the Causes of Divorce in Purwokerto, Indonesia

Comparative Analysis of Islamic Family Law and Normative Law: Examining the Causes of Divorce in Purwokerto, Indonesia

Regulatory Arrangement in Supporting The Restructuring of State-Owned Plantation Enterprises

The formation of a holdingholding to restructure the state-owned plantation industry cannot be separated from the government’s ability to control the country’s economic engine. Government Regulations Number 72 of 2014 and Number 72 of 2016 which were passed as legalizing the formation of BUMN holdingholding s have sparked controversy and public debate. The fundamental issue of this procedure is the Parent Company’s legal obligation to manage the Parent Company. In the relationship between parent companies and subsidiaries, the concept of limited liability presents its own problems. In addition, there is uncertainty regarding legal obligations to third parties. The research methodology is normative law which is supported and obtained from literature data. The findings of this study indicate that the use of the BUMN Law and Limited Liability Company Law as guidelines for managing Plantation BUMNs does not provide the business confidence that Plantation BUMNs need to grow and stay healthy. Considering that the business world continues to develop and the high need for group company management among business actors who carry out business development and expansion, adjustments to these two regulations are very important. The modern business paradigm has resulted in the consolidation of centralized operations in a way that drives growth. As a result, the formation of a holding companyholding company by the government is inappropriate if it is not preceded by changes to the Limited Liability Company Law which provides business certainty for established Plantation BUMNs.

Penyelesaian Sengketa Sertifikat Ganda Kepemilikan Hak Atas Tanah

This writing aims to the Concept of Settlement of Land Rights and also to find out how the Settlement Procedure for Proving Land Rights that Occurs Due to Double Certificates. The research method used to study this research problem is normative law research. Normative research is the process of finding legal rules, legal principles, and doctrines to answer legal questions. The term independent and independent variables are still foreign in normative research because normative research does not have to start with a hypothesis. This study is a normative legal research in which researchers conduct analysis to resolve disputes over ownership of double certificated land. The conclusion of this writing is that there are several ways for the Concept of Land Rights Ownership, including: (1) Laws and Regulations on Land Ownership and Registration, (2) Land Registration Reasons, and the (3) Land Rights Status. In this writing, there is also a Procedure for Solving the Proof of Land Rights that Occurs Due to Double Certificates, the process of which is divided into several settlement theories, namely there is a Free Proof Theory and a Bound Proof Theory.

Regulation of civil legal relations according to the Salic truth

The presented article is devoted to the analysis of the norms of the Salic Law which regulated civil legal relations of the Frankish society. The article notes that the Salic Law is a collection that was primarily devoted to the rules of criminal law and criminal procedure. Less attention was paid to the norms of civil law. This was due to the fact that the agricultural economy was not organized on a contractual basis. However, despite this, it contained rules that regulated property rights, obligations, marriage and family law, and inheritance law. The author has established that the Salic Law does not have a clear definition of property. The Franks retained communal ownership of land for a long time, as the rural neighborhood community, the marka, continued to exist despite the formation of the state. It is noted that at the end of the sixth century, the Franks formed a «full allod» – freely alienable land property, which was allowed to be freely given, transferred and bequeathed, including to women. A movable property was owned by families or individuals and could also be freely alienated and inherited. Based on the analysis of the norms of the Salic Law, the author found that the law of obligations was the least developed. There were such types of contracts as sale and purchase, exchange, gift, and loan. For a contract to be valid, in addition to the consent of the parties, it was necessary to observe various rites. As for marriage and family law, the article states that a legal marriage could be concluded between an adult free man and an adult free woman (no minimum age was set), subject to the consent of their relatives and provided that both parties were not bound by prohibited ties of kinship. Marriage was concluded through the purchase of a wife, i.e. power over her, from the person who had previously exercised this power over her. The grounds for invalidating a marriage were also defined. The author also analyzes the order of inheritance according to the Salic Law. It is established that the heirs in descending order were: children (and their descendants); mother and father; brothers and sisters; father’s sisters; mother’s sisters; father’s relatives (up to the sixth generation). Allodial land was а family land, it could not be inherited by females.

Обычай в регулировании отношений с использованием цифровых платформ

The article examines the features of legal custom as a source of regulation of relations in the digital environment. The doctrinal approaches of Russian scientists to the emergence and definition of the nature of custom in comparison with modern realities are compared. It is proved that unsettled relations with the use of digital platforms have now become a field for the creation and testing of new rules of community behavior, which in the near future can be formalized as digital legal customs, and later as norms of laws.

Problematic aspects of the influence of the legal system on social phenomena

The article examines the problem of the interaction of law with other social phenomena. On the one hand, law can be used to protect other social phenomena, such as moral norms, economic interests, cultural values, and on the other hand, social phenomena can influence the formation of legal norms and law and order in society. An important aspect of research is the interaction of legal norms with such social phenomena as politics, economy, culture, morality, and others, as well as the influence of legal norms on social reality and the interaction of various aspects of society’s life. The article examines the problem of the correlation of legal policy with certain social phenomena, and also determines the role of law in the formation of social reality. In addition, the author investigates the problem of regulation of social phenomena by the norms of national and international law in the context of social phenomena. Understanding the relationship between law and various social phenomena is important for the development of legal policy in the conditions of constantly changing social realities. Studying the relationship between law and other social phenomena allows us to understand the causes of such conflicts and find ways to solve problems. Understanding the relationship between law and social phenomena is important for the effective functioning of the legal system, ensuring the protection of human rights and freedoms, the development of international law and legal awareness. Knowledge of this interaction helps to understand trends in the development of law as a social phenomenon, as well as social phenomena as components of law. Also, understanding the relationship between law and other social phenomena is important for the development of the international legal system and the implementation of international legal cooperation. In connection with the growth of globalization and international cooperation, there is a need for the development of international law and legal instruments that regulate relations between different states and international organizations. Understanding legal norms and their relationship with social phenomena contributes to the formation of a high legal culture in society and ensuring the protection of human rights and freedoms.

System of state measures to fight human rights violations in armed conflict

The article examines the modern challenges of human rights protection during the armed conflict, in particular in the context of the need to introduce the legal regime of martial law, which was introduced due to the armed aggression of the Russian Federation against the sovereign, democratic and legal Ukrainian state. The article focuses on the analysis of critical aspects of the protection of human rights in the context of armed conflict, emphasizing the difficulties arising from an aggressive invasion of a sovereign, democratic, and legal state. Special attention is paid to strategic priorities for the restoration and protection of human rights that have been seriously affected by military actions. The article argues the need for a specific legal framework adapted to the conditions of wartime armed conflict and the key priorities of post-war reconstruction. The article provides a detailed analysis of national legislation and relevant international legal norms and an attempt to identify and recommend effective strategies for strengthening the protection of human rights. Emphasis is placed on the need for legislative changes and reforms that would ensure rights and civil liberties and be consistent with European and international standards, thereby strengthening legal guarantees against potential human rights violations. The article provides a critical review of existing legal gaps that impair the protection of human rights during armed conflicts and discusses the key role of the international community and legal institutions in upholding justice and accountability. In addition, it is proposed to implement innovative legal measures and integrate the norms of international humanitarian law to strengthen the legal infrastructure, which is necessary for the effective restoration and protection of human rights and civil liberties. The article reveals modern scientific and professional discussions, emphasizing the urgent need for active and strategic legal measures that meet European and international standards, ensuring the protection of human rights in the complex conditions of military conflicts.

International cooperation and its role in ensuring everyone’s right to health care and medical assistance

The article states that the right to health care and medical care is a guarantee of the right to life. To the state in accordance with Part 2 of Art. 3 of the Constitution of Ukraine is entrusted with the duty to affirm and ensure human rights and freedoms, including the right of everyone to health care and medical assistance. Such a duty of the state is defined as the main one among its other duties. For its implementation, Ukraine must create an effective mechanism for ensuring the above-mentioned right. The Covid-19 pandemic, Russia’s aggression against Ukraine and, as a result, Russia’s temporary occupation of part of the territory of Ukraine, the commission of crimes in such territories that fall under the jurisdiction of the International Criminal Court and testify to violations of human rights in the field of health care, have actualized the issue of the specifics of international cooperation of states in the field of health care under conditions of military occupation, pandemics, etc. and its role in ensuring the above-mentioned right of every person. The doctrinal approaches to defining the concepts of «cooperation», «international cooperation», and international treaties on human rights are analyzed. It has been established that diametrically opposite points of view are expressed in the scientific literature: from the declaration of cooperation as a duty of states to the complete denial of the legal force of this principle. The author’s definition of the concept of international cooperation in the field of health care is formulated - it is a complex of legal means, methods and institutions that are the result of joint multilateral or bilateral activities of states and which they use to achieve common goals of sustainable development in the field of health care in accordance with generally recognized principles and norms of international law. Attention is focused on the fact that the result of international cooperation are international standards of human rights in the field of health care, which are adopted by international organizations of a universal and regional nature, and which are implemented in national legislation, but such standards are the result of the cooperation of states, albeit within the framework international intergovernmental organizations, since these organizations are not endowed with special competence by nature, but are endowed by states by defining it in the charter of such organizations.

Евразийский экономический союз: роль судебной практики

The author summarizes the work of the Court of the EAEU over the first 12 years of its functioning, lists achievements and notes some unresolved issues. The decisions and advisory opinions made by the Court of the EAEU have a direct impact on the economy and social relations of all member states of the Union in areas within the competence of the integration organization. Using the example of the practice of the Court of the Eurasian Economic Community and the Court of the Eurasian Economic Union as a judicial body of an integration organization, the author demonstrates the role of courts in the process of forming norms of international law. The author concludes that in repeated judicial positions, a uniform judicial practice is formed — judicial custom, which serves as an instrument for the formation of international law: the court creates a legal position, which over time may become the rule of law.

On the functions of the prosecutor in criminal proceedings

The article is devoted to the study of the functions of the prosecutor in the judicial stages of criminal proceedings, and provides an analysis of statistical data from the General Prosecutor’s Office of the Russian Federation on the participation of prosecutors in criminal proceedings. The results obtained allow us to assert that the prosecutor performs two functions during criminal proceedings: the criminal procedural function of prosecution and the constitutional and legal function of supervision over compliance with the Constitution of the Russian Federation and the execution of laws. At the same time, at the stages of trial (in the court of first instance) and appeal proceedings, when the principle of adversarial parties is fully implemented, the prosecutor supports the state prosecution, thereby performing the procedural function of the prosecution. In the remaining stages of judicial proceedings, the prosecutor exercises the function of supervising compliance with the law. The conclusion is formulated that the proposed approach requires a rethinking of the role of the prosecutor in criminal proceedings from the position of the constitutional and legal status of the Russian prosecutor’s office, as well as amendments to the norms of criminal procedure law.

Problematic issues related to the lawyer’s implementation of the position in the speeches of the parties during the proceedings in court with the participation of jurors

The article deals with problematic issues related to the implementation of a lawyer’s position when making an introductory statement and in the debate of the parties in court with the participation of jurors. The author analyzes the question of how the term “defense position in the case” can be defined and how the position is related to the content of speeches. In this regard, the prohibitions that are related to the content of this legal institution are considered, as well as the range of information that cannot be reported, since they are outside the positions of the parties. Based on the analysis of examples from judicial practice, the author comes to the conclusion that, based on the content of the introductory statement and its “positional” component, it is forbidden to analyze the positions of the parties in the introductory statement, to make judgments about the quality of the investigation and to evaluate the evidence. The article raises the question of what are the limits of the presentation of the factual circumstances of the case in the introductory statement and whether it is possible to refer to the norms of law in it. It is noted that the limits associated with the justification of the position in court debates are of great importance.

Indicative mechanism of influence of judicial precedent and judicial practice on the modern legal system of Ukraine

The article examines, in practical and theoretical aspects, of influence of judicial practice and judicial precedent on the modern legal system of Ukraine. Since Ukraine has been granted candidate status for accession to the European Union, significant changes have been taking place in the legal system of Ukraine, particularly in international law norms, where international treaties have become not only obligatory for application within the legal system of Ukraine but also have priority in case of conflicts between national and international legislation. These changes are driven, in part, by the inclusion of judicial power and issues of justice in the negotiating process regarding Ukraine’s membership in the European Union, identified as the most important tasks for Ukraine. This cluster, which opens first and closes last, defines the fundamental aspects of legal and institutional alignment between Ukraine and the European Union. The importance of this cluster lies in the fact that the judicial system and justice play a key role in ensuring the rule of law, democracy, and the protection of human rights. This significantly influences modern judicial practice and envisages an even wider use of existing precedents or precedents being formed. Currently, in the judicial practice of Ukraine, there are processes that can be interpreted as an indicative mechanism influencing the legal system of Ukraine. It involves a qualitatively distinct set of characteristics that were not evident in previous years. This concerns the interrelation between the legal system of Ukraine and contemporary judicial practice with inherent features of normativity of a precedent-based type. There is a mutually conditioned process. On the one hand, judicial practice is becoming increasingly internationalized, meaning it increasingly employs principles, standards, and norms of international treaties, increasingly accepts judicial precedent of varying degrees of formation, and increasingly orients itself toward widely recognized judicial-legal ideas and principles. On the other hand, the legal system of Ukraine provides for the possibility of effective control over the implementation of international acts within the framework of judicial practice, including the use of judicial precedent to a certain extent and in certain areas of application. Thus, judicial practice, utilizing judicial precedents of national and international origin, serves as an indicative mechanism for analyzing the legal system. Actual judicial practice becomes an indicator of the development of the legal system and its adequacy to contemporary socio-legal and state-legal processes.

International Legal Regulation of Activities of States in the Great Mediterranean Region

INTRODUCTION. In modern international and domestic maritime law, regional fragmentation of legal regulation is becoming more and more noticeable, which, in turn, objectifies and actualizes the formation of complex arrays of legal norms, united by the consistency of the political and legal positions of the contracting states that have national interests in the relevant water area, primarily-coastal states extending their state sovereignty to certain areas of maritime space. In this context, the Greater Mediterranean region should be considered as one of the most important in the world merchant shipping and naval support of international peace and security, as a basin that optimally connects the Atlantic and Indian Oceans from the point of view of logistics, which requires the formation of an appropriate scientific and methodological basis for full implementation of the fundamental principle of international cooperation in the maritime policy of the states of the region.MATERIALS AND METHODS. To substantiate the expediency of singling out the Greater Mediterranean as an independent object of legal regulation, general and special international legal treaties, the domestic legislation of the Mediterranean states, as well as political and legal documents indicating the existence of certain disputes and situations around certain zones of the Mediterranean water area, primarily – in the Eastern Mediterranean region. To obtain reliable and substantiated results of the study, methods of scientific knowledge were used: formal-legal, logical, historical-legal, system-structural analysis. Thus, the formal legal method made it possible to clarify the content and meaning of international legal treaties concluded at different times and aimed at regulating public relations in the maritime sphere. The logical method made it possible to substantiate the need for comprehensive international cooperation of the coastal states of the Greater Mediterranean. With the help of the historical and legal method, an overview was made of both the world, Soviet and Russian practice of applying the norms of domestic and international law on issues related to ensuring international law and order in the Greater Mediterranean region. The logical method made it possible to build the necessary connections and patterns of development of international legal regulation in the Greater Mediterranean region in the general context of ongoing universal and regional political and legal processes and transformations. Using the method of system-structural analysis, it was possible to display a holistic picture of law-making and law enforcement of the Mediterranean states, aimed at the formation of unified principles and norms for the exercise of the sovereign rights of coastal states.RESEARCH RESULTS. International maritime merchant shipping seems to be a very complex area of public relations with a large number of entities that have different legal status and, accordingly, are related to each other in a very different way.DISCUSSION AND CONCLUSIONS. This work is devoted to the study of the main trends in the development of the Greater Mediterranean region in terms of formulating key international legal guidelines and rules of conduct for its constituent states. The object of the study is the legal relations carried out in the maritime spaces of the Greater Mediterranean as one of the key regions, which, along with its economic and political significance, is an integral zone for the implementation of the national interests of the Russian Federation, extending to the entire World Ocean.

International Legal Approach to Understanding Energy Diplomacy

INTRODUCTION. The relevance of the research topic is determined, firstly, by the increasing importance of energy diplomacy for solving modern problems arising in the field of international energy cooperation, and secondly, by the significance of studying the problems of energy diplomacy from the point of view of the science of international law. Despite the fact that energy diplomacy is being formed and realizing its potential in the international legal environment, it is not given adequate attention to its role in the legal literature, including in scientific works on international law, which, in turn, looks like a gap in international legal science. The purpose of the work is to substantiate the international legal concept of energy diplomacy, to identify its connection with the classical model of diplomacy and at the same time specific, to objectively identify the main directions of the relationship between energy diplomacy and international law.MATERIALS AND METHODS. When writing the work, scientific works related to the topic, international treaties and documents of international law, acts of national legislation of states are analyzed. General scientific and special methods of cognition, including comparative legal and formal legal, were used as a research method.RESEARCH RESULTS. Energy diplomacy is derived from the “classical” model of diplomacy. There are various interpretations of diplomacy, focusing on its various aspects and manifestations. The article substantiates the understanding of diplomacy as a means of implementing the state’s foreign policy through the activities of special entities (bodies of foreign relations) using non-military techniques and methods in accordance with international law. The evolution of diplomacy and the emergence of its new forms are traced, their specificity and international legal component are noted. Taking into account the specifics of energy, international energy cooperation, their legal support based on the potential of international and national law, the independent nature of energy diplomacy, its increasing role in modern conditions is substantiated. The specific features of energy diplomacy are identified and its concept is proposed, taking into account the international legal component. In modern conditions, full-fledged regulatory and institutional legal foundations of the EU’s foreign energy policy and energy diplomacy have not developed. It is noted that the legitimacy of unilateral restrictive measures applied in energy diplomacy by a number of states is indisputable from the point of view of international law. The main directions of the relationship between energy diplomacy and international law are outlined in detail, options for legitimizing the national interests of states in the energy sector based on the potential of international law are highlighted.DISCUSSION AND CONCLUSIONS. The main conclusions of the study are as follows. Firstly, energy diplomacy is a new functional area of diplomatic activity. It has a single essence with “classical” diplomacy (to serve as a means of implementing foreign policy, in accordance with international law) and, at the same time, is characterized by a number of features derived from the energy sector and energy law (a special focus on the implementation of the goals and objectives of the state's foreign energy policy, the participation of energy departments in it and the connection of energy companies, methods used in it). Secondly, energy diplomacy and international law in the process of their development and functioning are mutually linked and have a reciprocal influence. International law, firstly, defines the legal framework and forms of implementation of energy diplomacy (as well as diplomatic activity in general), and secondly, plays a decisive role in legitimizing the national interests of states in the field of foreign energy policy carried out through energy diplomacy. In turn, energy diplomacy, relying on the potential of international law, contributes to ensuring energy security (national and international) and, thereby, to maintaining the international energy order. In general, energy diplomacy influences the process of creation and operation of international law norms and contributes to the development of international law.

Theoretical Evaluation and Application of Case Law Teaching in General Principles of Commercial Law

The General Principles of Commercial Law is a general summary and abstraction of the normative system of commercial law, which is of great guiding significance for the rules of adjudication of disputes in commercial practice in reality, and the lack of general commercial law norms makes the research and teaching of the General Theory of Commercial Law particularly important. The study of general commercial law is undoubtedly of more fundamental significance than the study of specific areas of commercial law. With the development of social economy, commercial law embodies more and more technical and practical, and the cultivation of commercial legal talents is more and more oriented to the employment demand, case study teaching has advantages in the teaching of general commercial law and should be emphasized. In the case teaching of general commercial law, the irrevocability of securities trading results can clearly reflect the style of commercial law to protect the security of transactions. The proportion and priority of case teaching in the teaching of general commercial law should be emphasized.