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Articles published on Norms Of Law

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  • 10.31599/sasana.v12i1.4702
Kedudukan Hukum Dalam Menjawab “Hilangnya Rasa Aman Dan Hak Konstitusional Terhadap Pejabat Negara Pada Chaos Agustus”
  • Jun 1, 2026
  • Jurnal Hukum Sasana
  • Irma Mangar + 1 more

Constitutionally, state officials have the right to work in an environment free from threats, violence, or pressure that could affect their independence. This constitutional right includes not only protection of physical safety, but also protection of freedom of decision-making, carrying out government duties, and accessing state facilities without barriers. When the August Chaos occurred, various forms of disturbance, whether in the form of uncontrolled crowds, anarchic actions, or public disinformation, had the potential to damage the situation and create an unsafe work environment for state officials. The loss of security in state officials has a direct impact on the disruption of the wheels of government. This research is normative research Normative law research has a tendency to image law as a prescriptive discipline where only looking at law from the perspective of its norms which of course is descriptive, this research is carried out in real conditions with the aim of being able to find existing facts to be used as data fillers in this research so that later the point of solving the problem will also be found. One of the most turbulent periods in Indonesia's constitutional dynamics was the "August Chaos" incident. The incident not only tested the resilience of state institutions, but also highlighted how vulnerable the position of state officials is when there is sudden and uncontrolled socio-political unrest

  • Research Article
  • 10.59141/jiss.v7i5.2325
The Gap Between Islamic Inheritance Law and Community Practice: A Legal Sociological Analysis of Inheritance Distribution in Indonesian Society
  • May 16, 2026
  • Jurnal Indonesia Sosial Sains
  • Rahmad Hidayad

Islamic inheritance law has a strong normative foundation and regulates inheritance distribution in detail to achieve justice and legal certainty. However, in Indonesian social practice, its implementation often deviates from normative provisions due to legal system plurality and socio-cultural factors. This research aims to analyze the gap between Islamic inheritance law norms (das sollen) and inheritance distribution practices in society (das sein), as well as identify the influencing factors. The research employs an empirical juridical approach with data collection techniques through interviews with community members and religious leaders in Bukik Sikumpa, Lareh Sago Halaban District, Lima Puluh Kota Regency, West Sumatra. The results of the study show that the practice of inheritance distribution tends to be based on family deliberation, local customs, and consideration of the economic condition of the heirs, so that they do not fully follow the provisions of faraidh. The construction of the thought of community leaders also shows that Islamic inheritance law serves more as a normative reference than a binding primary guideline. From a legal sociology perspective, this phenomenon is influenced by the dominance of legal culture, the applicability of customary law as living law, and the low internalization of Islamic inheritance law in society. Social harmonization and conflict avoidance further reinforce the tendency to deviate from legal norms. Therefore, the effectiveness of Islamic inheritance law depends on the alignment between legal norms and living social values. This research emphasizes the need for an integrative approach between Islamic law and social reality to achieve inheritance law harmonization in Indonesia.

  • Research Article
  • 10.1017/s1816383126101210
A history of the law of war crimes
  • May 5, 2026
  • International Review of the Red Cross
  • Guénaël Mettraux

Abstract The history of the notion of “war crimes” spans at least ten centuries. As far as the Western hemisphere is concerned, it starts some time in the twelfth and thirteenth centuries, absorbs normative content during the following centuries, appears as a phrase in the eighteenth century, takes juridical shape and becomes an accepted notion in the nineteenth century, and starts being enforced as a category of criminalized violations of the laws of war with greater regularity in the late nineteenth and twentieth centuries. Today, war crimes constitute one of the “core” categories of recognized international crimes. During that long process of normative development, a core set of rules and prohibitions crystallized to form a body of law first referred to as the laws and customs of war and later as international humanitarian law (IHL) when those laws and customs came to be accepted as truly international. Various means of enforcement – reprisals, hostage-taking, reparations – would be tried over time to give this body of law and its prohibitions a degree of coercive power and deterrence. Slowly, the idea that individual criminal responsibility should attach to the violation of some of the most important prohibitions of IHL came to be accepted as an alternative to what had proven to be ineffective means of enforcement. The notion of “war crimes” grew out of this process, and the list of conduct coming under that umbrella expanded significantly during the nineteenth and twentieth centuries under the combined pressures of violent historical events and the prosecutorial and codificatory efforts that resulted from those events. The twentieth century witnessed the general acceptance of the notion of war crimes, their recognition as norms of customary international law, their frequent domestic and international enforcement, the refinement of their legal contours, their expansion into new territories including non-international armed conflicts, and the creation of institutions, jurisdictional principles and mechanisms geared towards the effective enforcement of those offences and prohibitions.

  • Research Article
  • 10.17803/1729-5920.2026.233.4.070-080
The Principle of Legal Certainty in Wording and Interpretation of Criminal Law Prohibitions in Violation of Traffic Rules
  • May 4, 2026
  • Lex Russica
  • A G Rublev

The principle of legal certainty includes numerous requirements that ensure that criminal law and its application comply with the requirements of the rule of law and legality. One of these requirements is maximum certainty, according to which the norms of criminal law must be worded clearly and precisely in order to make criminal law understandable and predictable to citizens. The author draws attention to the fact that the synchronization of criminal law and technological innovations is justified by the needs of society. The legislative authority is obliged to monitor technological changes, in particular the development of vehicles, in order to regulate legal relations in the field of road safety in a timely and effective manner. Without constant monitoring and analysis of the effects of new technologies, the criminal law will inevitably lag behind reality, which will lead to gaps in legal regulation and situations where acts that pose a public danger will not be covered by current legislation. The ambiguity of the law undermines the authority of the state and poses a threat to the safety of road users. Conclusions are drawn regarding the practical significance of the principle of legal certainty and the insufficient effectiveness of criminal law norms in the field of road safety. The paper argues for the necessity of eliminating the gap in criminal law by classifying personal mobility devices as objects of motor vehicle crimes. It substantiates the need to amend Article 264.1 of the Criminal Code of the Russian Federation by adding a note, namely in the context of the certainty of the criminal law prohibition. Proposals have been formulated to change the disposition of this rule of criminal law.

  • Research Article
  • 10.17803/2311-5998.2026.138.2.048-054
Local Regulatory Legal Acts Containing Labor Law Norms: Problems of Legal Regulation Using the Example of Civil Servants
  • May 4, 2026
  • Courier of Kutafin Moscow State Law University (MSAL))
  • G A Rogaleva + 1 more

The article is devoted to a comprehensive analysis of the institution of local regulations in the system of sources of labor law of the Russian Federation, using the example of civil servants and other types of public service. The theoretical and practical aspects of local rule-making in the sphere of labor relations are studied, and problems of legal regulation and law enforcement are identified. The authors analyze the relationship between centralized and decentralized regulation of labor relations, consider issues of the hierarchy of regulatory acts and the limits of local law-making competence of the employer. A detailed analysis of judicial practice on the application of local regulations is carried out. Based on the conducted research, specific proposals are formulated for improving legislation and law enforcement practice. It is the local (contractual) method of regulating working conditions that, at its core, allows for a greater implementation of the basic principles of labor law and meets modern conditions of economic development.

  • Research Article
  • 10.17803/1994-1471.2026.185.4.151-160
International Legal Grounds for the Liquidation of Foreign Military Bases
  • May 3, 2026
  • Actual Problems of Russian Law
  • O I Ilinskaya

The practice of states deploying military formations on the territories of foreign states, being an instrument of their foreign policy, can become a factor of tension in interstate relations. In this regard, the study of legal grounds for the termination of foreign military presence takes on particular relevance. Having analyzed interstate practice, the author identifies the following international legal grounds for the liquidation of foreign military bases: the conclusion of an agreement between the state controlling the military base and the state on whose territory the base is located; a unilateral decision of the state controlling the military base; a unilateral decision of the state that has leased the territory for the establishment of a military base. At the same time, unilateral decisions must not contradict the norms of international law that establish grounds for unilateral withdrawal from an international treaty, which is predetermined by the contractual nature of relations related to the deployment of military bases on the territories of foreign states. Particular attention is given to the analysis of the situation with the US leasing of areas for coal and naval bases in Cuba based on bilateral agreements. Since the issues of establishing and liquidating foreign military bases are politically charged, the only realistic way to prevent complications in interstate relations on this basis, in the author’s opinion, is a high-quality forecast of all possible consequences associated with the presence of foreign military bases on the territory of a state, which should precede the conclusion of international agreements on bases.

  • Research Article
  • 10.26794/2226-7867-2026-16-2-110-119
Crowdsourcing in Municipal Government — Modern Mechanisms of Innovative Development and Regulation
  • Apr 23, 2026
  • Humanities and Social Sciences. Bulletin of the Financial University
  • V E Komov

In the modern world, improving the mechanisms of innovative development and regulation of crowdsourcing activities is becoming a key growth factor. Innovation is the main engine of economic growth, contributing to the emergence of new industries and increasing the competitiveness of business entities. Venture capital financing and indirect government incentives are used to support them, including tax incentives for R&D companies, accelerated depreciation of equipment, and a tax credit. Crowdsourcing — the transfer of tasks over the Internet without entering into an employment contract, is becoming one of the most dynamic forms of employment. This activity is regulated by the norms of civil law, which creates risks for performers and customers in matters of confidentiality, copyright and social guarantees. Improving the regulation of crowdsourcing should ensure the legal protection of participants. Effective innovation policy combined with adequate legal regulation of crowdsourcing creates conditions for technological breakthroughs and sustainable economic growth. The relevance of the research is due to the increasing role of innovation and crowdsourcing in the development of municipalities in the knowledge economy. In modern conditions, crowdsourcing is becoming a key tool for participatory management, which makes it possible to effectively use the intellectual potential of the local community with limited resources. The purpose of the study is to develop practical recommendations for improving the management of innovative development of municipal education through the creation of crowdsourcing online platforms. The theoretical basis of the research covers the concepts of innovative development of territories, models of crowdsourcing and its application in municipal management, as well as the methodology for building innovative development management systems. The research methodology is based on a process-based approach to innovation development management, including the formation of innovation potential, the development of a risk-based strategy and performance monitoring. The main results of the study demonstrate that the introduction of crowdsourcing in municipal government provides: increased efficiency of management decisions, increased public confidence in government, optimization of budget expenditures and acceleration of processes for solving local problems. The scientific novelty lies in the development of a comprehensive model for managing the innovative development of a municipality using crowdsourcing technologies, including mechanisms for generating, implementing and evaluating innovative projects with the participation of the local community. The practical significance of the work lies in the formation of specific recommendations for the creation and operation of crowdsourcing platforms that enhance the innovation potential of territories and improve the quality of municipal government.

  • Research Article
  • 10.25040/medicallaw2026.01.064
International Humanitarian Law and its Impact on the Ethical Competencies of Ukrainian Medical Students
  • Apr 22, 2026
  • Medicne pravo
  • O Ya Soroka + 2 more

Abstract. The teaching of international humanitarian law (IHL) within the context of professional training is of particular importance for Ukraine during the ongoing full-scale Russian armed aggression. Its relevance extends not only to future diplomats, lawyers, or military personnel, but also to future medical professionals, as it shapes their ability to make ethical, safe, and effective decisions under the challenging conditions of armed conflicts, humanitarian crises, and other emergencies. This article examines not only how IHL is taught and studied in Ukrainian educational institutions but also provides an in-depth analysis of the key aspects of this process. The authors forecast the potential impact of such knowledge on medical students and argue that a thorough understanding of IHL norms will significantly enhance their capacity to make ethical decisions in their future professional practice, particularly in crisis situations. It is expected that understanding the principles and norms of international humanitarian law, as well as the concept of medical neutrality, will contribute to the reduction of violence in armed conflict, assist healthcare professionals in recognizing their rights and obligations, and enable them to make ethically sound decisions in complex circumstances while ensuring the provision of medical care. Moreover, it will foster their active participation in international humanitarian missions, thereby contributing to the promotion of peace and global stability

  • Research Article
  • 10.58421/misro.v5i1.1068
The Criminal Procedure Code (KUHAP) as an Instrument for Assessing Judges’ Compliance with the 10 Points of the Code of Ethics and Guidelines for Judges’ Conduct (KEPPH) in Criminal Trials
  • Apr 14, 2026
  • Journal of Mathematics Instruction, Social Research and Opinion
  • Junaidi Syamfran

This study analyzes the position of Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP 2025) as an instrument for assessing judges’ compliance with the 10 Points of the Code of Ethics and Guidelines for Judges’ Conduct (KEPPH) in criminal trials. The KUHAP update is not only intended as a technical adjustment to the enactment of the new KUHP, but also as a means of integrating judicial ethical values into binding criminal procedure law norms. This study uses normative legal methods, drawing on statutory, conceptual, and Critical Legal Studies (CLS) approaches. The results show that the 2025 KUHAP has systematically internalized the KEPPH principles into various procedural provisions, ranging from justice, honesty, and wisdom to independence, integrity, responsibility, judicial dignity, discipline, humility, and the professionalism of judges. However, from a CLS perspective, this integration has not fully dismantled the structural power relations in the criminal justice system. Juridified ethical norms still have the potential to be reduced to formal compliance if they are not accompanied by judges’ critical awareness of the structural inequalities inherent in judicial practice. Therefore, the effectiveness of the 2025 Criminal Procedure Code as an instrument for evaluating judicial ethics depends heavily on the transformation of judicial awareness toward substantive justice.

  • Research Article
  • 10.21564/2414-990x.172.356444
Collaborative Activities: Problematic Issues of Correlation Between National and International Law Norms
  • Apr 7, 2026
  • Problems of legality
  • Iryna Kyrian + 1 more

During the period of full-scale invasion, when open proceedings under Part 2 of Article 1111 of the Criminal Code of Ukraine are becoming more and more numerous, it is necessary to ensure the right to a fair trial (taking into account the norms of international humanitarian law and international human rights law) in criminal proceedings for the commission of crimes against the foundations of national security of Ukraine, which is the relevance of this study. The purpose of this scientific work is to conduct a detailed analysis of national and international legislation, their correlation, and the identification of conflicts and gaps. To achieve the goal of the study, the following methods were used: the method of analysis, which consisted in studying the current legislation of Ukraine, international humanitarian law and relevant judicial practice; the empirical method, which was used to collect and analyze statistical data on the application of Part 2 of Article 1111 of the Criminal Code of Ukraine in judicial practice, including surveys of specialists in the field of criminal justice, as well as the population that found themselves in temporarily occupied territories; comparative legal method of Ukrainian legislation and international humanitarian law. The results of the study revealed the issues of the correlation of national and international legislation. It was established that there is a gap in national law and issues in judicial practice. A survey of people from temporarily occupied territories was conducted, which helped to create public opinion on collaborative activities and legal awareness of the population. The survey of experts showed that in practice, national legislation does not clearly distinguish between the concepts of “cooperation with the enemy under duress” and “voluntary cooperation” (in the context of collaborative activities), as well as the presence of a conflict between the norms of national and international law (in the context of collaborative activities). It was revealed that due to the lack of a full interpretation of the norms and consistent judicial practice, similar cases are classified under different articles of the Criminal Code of Ukraine, which leads to violations of human rights, as well as to appeals to the European Court of Human Rights in the future.

  • Research Article
  • 10.21564/2414-990x.172.356428
Administrative Responsibility
  • Apr 7, 2026
  • Problems of legality
  • Larisa Kovalenko

The relevance of the study is due to the dynamic changes in social relations, the reform of public administration and the need to integrate European standards of the rule of law into the administrative tort legislation of Ukraine. The purpose of the article is a comprehensive theoretical study of the institute of administrative responsibility as a specific type of legal responsibility that combines substantive and procedural elements. The work uses dogmatic, historical, comparative-legal and systemic methods of analysis of regulatory acts, scientific literature and judicial practice. As a result, the essence of administrative responsibility, its key functions (punitive, preventive, educational and restorative), and its public-legal nature, which is implemented through state coercion measures by authorized bodies, are revealed. The administrative offense as the main basis for liability, its features (illegality, guilt, social harm) and elements of composition (object, objective side, subject, subjective side) are analyzed in detail. Current problems of regulatory framework are identified: the conceptual obsolescence of the main codified act of 1984, fragmentation of regulation, duplication of norms in special laws and insufficient compliance of procedures for bringing to liability with the standards of the right to a fair trial. The prospects for improvement through the adoption of a new code on administrative misdemeanors, unification of norms, differentiation of penalties, introduction of alternative sanctions and strengthening of procedural guarantees of individual rights are substantiated, which will increase the efficiency of public administration and the level of citizens’ trust in the state. Prospects for further research are related to assessing the practical effectiveness of the new model of administrative responsibility after its implementation.

  • Research Article
  • 10.18572/2070-2108-2026-2-2-5
К вопросу об освобождении от уголовной ответственности членов добровольческих формирований — участников специальной военной операции
  • Apr 2, 2026
  • MILITARY JURIDICAL JOURNAL
  • Vladimir M Sutormin

The article is devoted to controversial issues arising in the application of the provisions of the criminal law on excuse in law in connection with conscription during mobilization or in wartime, or the conclusion of a contract for military service during mobilization, martial law or wartime, as well as in connection with military service in the specified periods, periods or time. The author suggests ways to solve them with reference to the norms of substantive law. The possibility of excuse in law in accordance with art. 78.1 of the Criminal Code of the Russian Federation for persons serving in volunteer formations that contribute to the performance of tasks assigned to the Armed Forces of the Russian Federation in connection with the awarding of state awards of the Russian Federation. Based on theoretical research, using the example of judicial practice, it is concluded that it is necessary to amend the Criminal Code of the Russian Federation to eliminate the unequal position of regular military personnel and volunteers who distinguished themselves in carrying out combat missions to protect the Motherland, awarded with state awards, when applying special rules of excuse in law.

  • Research Article
  • 10.37676/jhs.v12i2.10669
A Criminological Study Of The Impact Of Murder On The Community And Online Motorcycle Ticket Drivers
  • Apr 1, 2026
  • JURNAL HUKUM SEHASEN
  • Tika Hairani + 2 more

This study examines how robbery crimes impact society and online motorcycle taxi drivers in Indonesia from a criminological perspective. The increase in street crime, particularly robbery, indicates a lack of legal protection for informal sector workers who work in public environments. This study uses normative law, employing a legislative and conceptual approach. The results of the study show that regulations protecting online motorcycle taxi drivers do not fully ensure their safety at work. Robbery causes material losses, emotional trauma, and a sense of insecurity in the community. From a criminological perspective, economic pressure, social inequality, and a lack of social bonds are the main causes of robbery. To prevent similar cases from recurring, the government and law enforcement agencies must strengthen law enforcement, improve social protection, and increase surveillance in crime-prone areas.

  • Research Article
  • 10.23939/law2026.49.124
Проблеми адаптації податкового законодавства України до законодавства Європейського Союзу в умовах сучасних викликів.
  • Mar 31, 2026
  • Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki
  • Emilia Dmytrenko

The article examines current problems that necessitate updating the tax legislation of Ukraine. The purpose of the article is to analyze the problems of adapting Ukrainian tax legislation to the legislation of the European Union in the context of modern challenges (the legal regime of martial law and post-war reconstruction) with the identification of individual ways to solve them. The study of this issue was conducted using various methods (comparative law, analysis, synthesis, interpretation, and others). The relevance of updating tax legislation in accordance with the Association Agreement between Ukraine and the European Union is emphasized. It is argued that Ukraine, despite martial law, continues to reform the tax administration mechanism (using the example of the National Revenue Strategy until 2030, amendments to the Tax Code of Ukraine). Attention is focused on the importance of adopting the Law of Ukraine “On Amendments to the Tax Code of Ukraine and Other Legislative Acts of Ukraine Regarding Payment Services” dated January 12, 2023 No. 2888-IX. In particular, to update the norms of the Tax Code of Ukraine regarding the opening and closing of taxpayer accounts in banks, other financial institutions, non-bank payment service providers and electronic wallets in electronic money issuers. The need for such changes is justified due to a certain inconsistency of the norms of the previous version of Articles 69 and 20 of the Tax Code of Ukraine with European standards. The amendments to Chapters 11 and 12 of the Tax Code of Ukraine and their adaptation to the norms of European law were separately analyzed. Some gaps in the norms of these chapters and the terminological apparatus of Article 14 were identified. In order to comply with the European principle of legal certainty, the following changes have been proposed: to apply only one financial sanction for a committed tax offense - a financial fine, and to consider the penalty as a means of ensuring tax payment. Other ways of updating the norms of the Tax Code of Ukraine and formulating them in compliance with European standards and rules of legal technique (reduction of duplicate norms, redundant and unfounded norms, etc.) are also outlined. The main conclusions obtained are to determine ways to improve the Tax Code of Ukraine and, separately, its terminology by adapting it to the law of the European Union. Keywords: tax legislation of Ukraine, tax administration, European Union law, Tax Code of Ukraine, terminology, financial responsibility, tax offense, financial sanction, financial fine, penalty.

  • Research Article
  • 10.53317/2786-4774-2026-1-2
The Swiftian Paradox in Contemporary Geopolitics (the Problem of Casus Belli Legitimacy)
  • Mar 31, 2026
  • Political Studies
  • Valerii Kornienko

This article explores one of the most complex issues in modern geopolitics: why do states use existential threats as a reason for war (casus belli)? How can we tell when such claims are based on genuine security concerns or when they are rhetorical tools hiding geopolitical interests? Using Jonathan Swift`s satirical allegory about the Lilliputians and Blefuscans, who go to war over a dispute about which end of a boiled egg should be broken, the author highlights a key dilemma: even in a world dominated by "naked power," states cannot act without legitimizing discourse, yet this discourse always remains ambiguous. Three ongoing conflicts are examined: the Russian-Ukrainian War (20142026), the US invasion of Iraq (2003), and the Israeli-Palestinian conflict. A comparative analysis reveals six common patterns in how justifications for war are constructed: framing history through shared traumatic memories, dehumanizing opponents through language, reframing self-defense as preventive, invoking civilizational rhetoric, reversing the roles of aggressor and victim, and selectively applying international law norms. The study shows that even in cases of outright aggression, aggressor states often convincingly portray themselves as victims  an essential way to gain support and reduce international condemnation. It underscores a fundamental asymmetry: the 2003 Iraq War was based on false threats; Russia`s invasion of Ukraine was justified with fabricated NATO threats; and the Israeli-Palestinian conflict remains highly complex, with both sides holding deeply rooted existential threat narratives, yet power imbalances lead to uneven responses. These findings highlight the importance of the Swiftian Paradox as an analytical framework and raise critical questions about how discourse is used to justify violence in the twenty-first century. Keywords: Swift`s paradox, casus belli, legitimisation of war, security discourse, existential threats, geopolitical rhetoric, enemy construction, realism, critical theory, international conflicts.

  • Research Article
  • 10.46914/2959-4197-2026-1-1-86-96
“Тhe law is the dictate of reason”: what should become a conceptual the basis for the modernization of private law in Kazakhstan
  • Mar 26, 2026
  • Eurasian Scientific Journal of Law
  • F S Karagussov + 1 more

The Law is a key basis for the modernization of private law, as it establishes the legal framework, standards and mechanisms for making changes and improvements to existing legal norms. The modernization of private law through the law makes it possible to adapt it to changing social and economic conditions, which includes the development of new norms, the reform of outdated ones, and ensuring consistency between various legal acts. The purpose of this article is a theoretical study of conceptual ideas about issues that, in our opinion, are the modernization of private law in the Republic of Kazakhstan. The scientific significance of the article lies in substantiating the transition from formal positivism to the concept of “reasonable law”, where the principles of justice, autonomy of will and good faith reflecting the rational needs of society, and not only the will of the legislator, should become the basis for the modernization of private law in Kazakhstan. The practical significance of this article lies in the fact that at the present time, in the period of informatization and globalization of the economy, the issues of private law are extremely relevant. And, accordingly, an incorrect definition of the balance between private and public law can negatively affect the quality of laws, which in turn can negatively affect the development of the economy in the country. The methodology of the article is based on the principles of rationalism and natural law, considering the law not as coercion, but as the embodiment of reasonableness and justice. It is proposed to make the principles of human rights protection, the rule of law and the introduction of the principle of “Law and Order” the basis for the modernization of private law in Kazakhstan. During the writing of the article, we came to the conclusion that the law allows us to synchronize the norms of private law with the provisions of other branches, for example, with procedural, administrative or criminal law, ensuring their mutual compliance. The law is a tool for changing and improving existing regulations, eliminating outdated provisions and bringing them into line with modern realities.

  • Research Article
  • 10.18572/2071-1166-2026-3-3-12
Административное правосудие как несущая основа судебного административного процесса в Российской Федерации
  • Mar 26, 2026
  • ADMINISTRATIVE LAW AND PROCEDURE
  • Aleksandr I Stakhov

In accordance with Article 118 of the Constitution of the Russian Federation, the independence of administrative justice is justified by the constitutional division of judicial proceedings into separate types. Under this approach, administrative justice is considered a derivative type of justice that is comparable to administrative proceedings. Given the insufficient level of legislative and doctrinal certainty regarding the administration of justice in the Russian legal system, the article focuses on developing scientifically grounded criteria for assessing the essence, place, and role of administrative justice, based on a comprehensive analysis of the Constitution of the Russian Federation and federal laws that define the procedures for certain types of administrative proceedings in the Russian Federation. The presented results of a comprehensive study of the constitutional norms and norms of federal laws governing certain types of administrative proceedings allowed us to draw a generalizing conclusion that administrative justice is the basic basis of the judicial administrative process in the Russian Federation. Accordingly, the structure of administrative justice is presented as the framework of the judicial administrative process carried out in the Russian Federation. The purpose, main objectives, and functions of administrative justice, in turn, are revealed as special legal categories that ensure the integrity of the judicial administrative process in the Russian Federation, as well as define the social purpose, system, and priority areas of development for this legal process.

  • Research Article
  • 10.28925/2663-4023.2026.32.1116
FEATURES OF MODERN STATE-SUPPORTED CYBEROPERATIONS AS A NEW FORM OF INTERSTATE CONFRONTATION
  • Mar 26, 2026
  • Cybersecurity Education Science Technique
  • Tetiana Muzhanova + 4 more

The study showed that during 2020-2025, the scale of cyberattacks carried out by states or cyber groups loyal to them increased significantly, and the methods and approaches to their implementation evolved significantly, marking the beginning of a new stage of interstate conflicts in the global digital space. The main features of cyberattacks in support of states were identified. Like cyberincidents organized by other entities, cyberattacks by nation states are characterized by asymmetry, latency, and hybridity. The motives for malicious cyber activity by states include intelligence and espionage, economic competition and the struggle for control over resources, disruption of infrastructure, and manipulative information and psychological influence (IPI). In addition to traditional methods, states use new methods that were not previously inherent to them: cyber extortion, illegal cryptocurrency transactions, and the introduction of remote workers into competing countries. It was found that the four leading states of illegal cyber activity include China, the Russian Federation, Iran and North Korea. Their cyberoperations have a predominantly geopolitical connotation and are aimed at increasing influence over territorially neighboring countries, with the exception of the United States. The main targets of cyber operations in support of states were IT, education and research, government systems, analytical institutions and NGOs, critical infrastructure facilities and supply chains of IT products and services. Nationally oriented cyber actors continue to improve cyberattack methods, using automation tools, cloud infrastructure and remote access technologies, quickly exploiting unpatched vulnerabilities and actively implementing AI to make cyberattacks larger, more effective, more difficult to track, and also cheaper. An important feature of modern state criminal activity in cyberspace is the convergence of efforts of national actors and cybercriminal groups. By providing cyberattack services, developing spyware and hacking tools, states not only strengthen and reduce the cost of their cyber efforts, but also ensure the possibility of their identifying and establishing responsibility. Recently, the volume and importance of state cyber IPI operations have increased, which, through the use of AI tools, in particular the creation of synthetic analogues of leading online news media and the use of deepfakes, ensure the effective manipulation of public opinion and the dissemination of desired propaganda narratives in competing countries and at the international level. It was observed that national actors are increasingly introducing remote insiders into companies of “hostile” countries, primarily to gain access to intelligence data and espionage, as well as to introduce malicious software, extortion and sabotage in the workplace. The study showed that only in half of cases of cyberattacks, including those supported by states, their true organizers have been identified, which is a consequence of the difficulties of cyber attribution – the process of tracking the identification of the perpetrator of a cyberattack, as well as the imperfection and non-compliance by states with the norms of international cyberspace law. The authors emphasized that a deep understanding the prerequisites and specifics of state-sponsored cyber operations will contribute to solving the problems of their detection and counteraction peacefully and within the framework of international law.

  • Research Article
  • 10.46914/2959-4197-2026-1-1-61-70
Modern problems of legal regulation of land easement: boundaries of property and obligation law
  • Mar 26, 2026
  • Eurasian Scientific Journal of Law
  • M Abaikyzy + 2 more

This article provides a comprehensive examination of the legal nature of land easements within the framework of Kazakhstan’s civil and land legislation. The study explores the historical development of easements, the interplay between their property-law and obligation-law components, and their contemporary significance in ensuring the balance of interests among participants in land and property relations. The findings reveal inconsistencies between civil and land law norms relating to the definition of the easement object, its alienability, and the distinction between private and public easements. These discrepancies hinder uniform interpretation in practice, particularly in establishing easement fees, determining the grounds for termination, and protecting the rights of owners of burdened land parcels. The scientific novelty of the study lies in substantiating the dual legal nature of easements as complex constructs combining features of both property and obligation law. The research also emphasizes the need for clearer statutory limitations on the scope and exercise of easement rights. The practical significance of the article is reflected in recommendations for improving legislative regulation, enhancing legal certainty, optimizing state registration mechanisms, and strengthening judicial practice in resolving land disputes. The results provide a theoretical and applied foundation for further development of the land easement institution in Kazakhstan.

  • Research Article
  • 10.32420/2306-3548/2026.100.05
СОБОРНА ДІЯЛЬНІСТЬ УПЦ КП ТА ОСОБЛИВОСТІЇЇ КАНОНІЧНОГО УСТРОЮ В НОВІТНІЙ ПЕРІОД ІСТОРІЇ
  • Mar 25, 2026
  • Українське Релігієзнавство
  • Микола Миколайович Лагодич

The article provides a comprehensive religious analysis of the council activity and canonical structure of the Ukrainian Orthodox Church of the Kyiv Patriarchate as one of the defining phenomena of the modern Ukrainian Orthodox space. Councilism is considered not only as an organizational and managerial mechanism, but primarily as a fundamental ecclesiological principle that ensures the internal legitimacy of the Church, its spiritual unity and ability to self-regulate in the conditions of social transformations and confessional multivariance. Based on the analysis of scientific approaches and provisions of the Statute of the UOC-KP, the role of council activity in the formation of religious identity, consolidation of the church community and affirmation of the autonomy of church governance is revealed. It is shown that council institutions perform not only a managerial, but also a worldview and apologetic function, serving as a space for collegial decision-making, a symbol of internal canonical self-sufficiency and a mechanism for coordinating positions between the hierarchy, clergy and laity. Particular attention is paid to the analysis of the canonical structure of the UOC-KP as an adaptive system that combines traditional norms of Orthodox canon law with elements of institutional modernization. The functioning of the Local and Bishops’ Councils as key structure-forming institutions of church life is characterized, and the role of the Patriarch and the Patriarchal Vicar in ensuring the continuity of governance, stability and conciliar unity of the church organism is also determined. It is emphasized that the canonical model of the UOC-KP reflects the desire for a balance between the vertical of church power and the principle of collegiality, which is an important factor in preserving the spiritual integrity of the Church and its openness to social dialogue. It is concluded that the conciliar activity and the canonical structure of the UOC-KP constitute a holistic religious and social phenomenon that retains scientific relevance for further research in the field of religious studies, ecclesiology and the history of Ukrainian Orthodoxy. The importance of council mechanisms as tools for forming intra-church communication, legitimizing management decisions, and maintaining a balance between spiritual authority and normative discipline, which determines the stability of church life, is separately emphasized.

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