Legal Practice Research Articles

Тенденция к психологизации в оценке общественной опасности

<p style="text-align: justify;">The article reflects the results of a study of controversial issues of assessing public danger. Conclusions are drawn about the current trend towards psychologization in the assessment of social danger, both in law enforcement practice and in expert activities in assessing the danger of a person to himself or others. The author considers psychologization as a negative phenomenon, comparable to a violation of the boundaries of the professional competence of psychologists. This phenomenon, according to the author, “erodes” the criteria for an objective assessment of social danger due to the introduced subjective signs - the danger of the person who committed the crime. The article notes that the category “public danger” is a conventional criminal law category that does not fully coincide with the generally accepted interpretation of this term. The author believes that the legislative interpretation of concepts is a priority in the research of legal psychology (as opposed to other branches of psychology) and expert practice. The article points out that from the methodological aspects, psychologization is a reduction (reduction) of the complex to the simple, a violation of the laws of logic. The tendency towards psychologization can lead to the state starting to fight not against crimes, but against persons accused of committing crimes.</p>

A Comprehensive Legal Practice Strategy to Address Violence against Health-care Professionals

Abstract As dentistry has moved into the 21st century, the emphasis on ethics has increased. The general public has become more or rather over-mindful and attentive to their surroundings, especially in the medical field. Assaults against health-care professionals in India have increased dramatically over the past few years. It has therefore become the need of the moment to learn how to tackle the problem of workplace violence and medicolegal issues that may arise. All professionals in the health-care community must stay updated on the current scenarios, laws, and regulations. Knowledge of “what not to do” has become more significant rather than “what to do.” This article highlights the problem of violence against health-care professionals and the methods that can be used to prevent and stop it.

Personal Health Data Anonymization in China: The Legal Framework and Its Refinements

China has adopted a dual approach to managing the anonymization of personal health data. In the context of the increasing collection of personal health information, china's current legal standards and practices of data anonymization are inadequate for data protection and utilization. In particular, the requirements of “unidentifiable” and “irreversible” for anonymized data are too high to achieve, and cannot properly address the challenges posed by technological progress. There are also inherent conflicts between the standards of “unidentifiable” and “irreversible” with the guidelines of “de-identification”. These issues affect the effective use of health data and the protection of individual privacy in China. Through a comparative analysis of the EU's “risk management” approach and the US's “de-identification” method in data anonymization, this paper explores the possibility of optimizing the “risk management” approach and the “de-identification” operation to reduce the regulatory uncertainty while enhancing data anonymization protection. The paper proposes suggestions for revising and improving the requirements for personal health data anonymization in China. To better adapt to technological changes and the diverse needs for information use, this paper argues for the establishment of a dynamic legal framework that protects privacy and promotes data utilization, as well as draws on international practices to provide more flexible and adaptable legal responses.

Transgender Rights in Pakistan: Navigating Legal Framework, Practices and Challenges

Analyzing the philosophical foundation and practical realities of the Pakistani experience with transgender rights, this study aims to establish the successes, challenges, and potential directions for development. Over the last few years, the Pakistani legislators have enhanced the legal protection for Transgender Rights to a significant level. A landmark bill passed in 2018, the Transgender Persons (Protection of Rights) Act seeks to provide for the protection of the rights of the Trans populace. It would therefore be important to explore the real-life phenomenon of Pakistan's transgender persons, as a way of getting to know the application of the issues translated into real-life context. Regrettably, transgender people face prejudices, abuse, and social and employment ostracism in different settings at work, medical facilities, in their domicile, and in schools. People, and groups, both non-governmental and governmental, are dedicating their efforts towards solving such issues.

Public debt and Poland's financial security

In an era of rapidly advancing indebtedness in many countries of the world, issues of public debt and its impact on the financial security of the state have been, are and will continue to be topical. The phenomena of inflation, stagnation and sometimes recession, which are the consequences of the Covid-19 pandemic and the war in Ukraine, affect many EU Member States, making the issue of excessive budget deficits and the growing risk of insolvency the focus of public attention once again. In this context, it is worth taking a look at the legal solutions and practices in Poland in order to have a view on this issue. Instruments and solutions that may contribute to the reduction of public debt, which would facilitate the shaping of Poland's financial security, deserve particular attention.

Inheritance Distribution Before Death: A Study in Teluk Kasai, Indonesia

In terms of legal practice, the division of inheritance must take place while the heir is still living, and it is more common for the practice of jointly splitting inheritance between a husband and wife to take the shape of income and inheritance after the heir passes away. As everyone is aware, inheritance law governs how the estate of the deceased is inherited and how it affects the heirs. This study discusses the inheritance distribution system in the community of Kampung Teluk Kasai, Kenagarian Koto Nan Duo, Batang Kapas District, Pesisir selatan Regency. This study used a qualitative research methodology. In principle, the distribution of inheritance according to Islamic Law occurs after the heirs pass away.

Трансформация традиционных ценностей в конституциях и уставах субъектов Российской Федерации

The article identifies the specificity of traditional values contributing to the effectiveness of legal regulation of constitutions and charters of subjects of the Russian Federation. Analyzing these acts, the author not only denotes traditional values, but also notes their significance. That comprehensive analysis had led to the conclusion that the instruments studied did not sufficiently reflect traditional values, which were an integral part of modern society. The paper notes the need to develop an optimal model of the constitution (statute) of the subject of the Russian Federation, including legal norms governing traditional values. The creation of such a model makes it possible to identify traditional values in the constitutions and charters of the constituent entities of the Russian Federation, and in State legal practice to increase the effectiveness of legal regulation.

THE ROLE OF LAW AND GOVERNMENT IN LEGAL PRACTICE

The proposed scientific article comprehensively examines the legal analysis of the interaction of the concept of law and power, which provides for a clear application of current legislation in modern society. The need for law has a higher legal purpose fixed and secured by positive legal qualities and legal elements of law, creating a space for free behavior of all participants in public relations in accordance with the principles of freedom, humanism, spiritual wealth and material interests of man and citizen, currently being studied taking into account world legal practice. Currently, the role of law in the system of legal regulation in society represents the role of the state and law in various legal forms, implemented through law, in its imperative power activities. This legal interpretation is due to the influence and development of the legal system of norms-definitions as a legal model of the behavior of subjective rights in modern society, where the implementation of law is defined as the implementation of legal regulations, this is an improved protection of human rights under the current Constitution of modern countries, from the point of view of legal science. The need to study the interaction of the concepts of law and power as a single legal mechanism, their legal norms is widely used in modern society and is contained in legal institutions to build a rule of law state in accordance with the legislative system and legal principles, where it is provided with the positive law necessary for the legal institutions of society. When studying the concept and operation of the legal mechanism applied by state authorities in legal practice, the law itself specifically determines the needs of modern society in the law itself, and vice versa, the entry of legal institutions into the sphere of state power is necessary to maintain imperative principles in the field of law, using the broad powers of law, as a category of law in modern society.

STATE AND CIVIL SOCIETY: COOPERATION AND INTERCONNECTION

Civil society is an important component of a legal and democratic state and therefore, in modern government policy, it is necessary to increase the role of civil society and implement a number of reforms. Modern times are characterised by a tendency to identify innovative channels for ensuring interaction between civil society institutions and the state. These political and legal phenomena cannot develop separately from each other; their existence is due to development in tandem. The civilisation of a democratic state depends on the level of development of civil society institutions, their maturity and the possibility of real influence on political processes in the country. The study of the significance of such interaction and its effectiveness are of great importance for the issues of legal theory and practice, however it is also the subject of numerous discussions.

Pengaruh Tunneling Incentive Dan Mekanisme Bonus Terhadap Tax Avoidance: Systematic Literature Review

The importance of taxes in economic development for developing countries, with a focus on tax avoidance as the main obstacle in achieving optimal tax revenues. The aim of this research is to review the influence of bonus mechanisms and tunneling incentives on tax avoidance in companies. This research method uses the Systematic Literature Review (SLR) method to analyze journals and articles published between 2017 and 2024, with a focus on the themes of tax, tunneling incentives, bonus mechanisms and tax avoidance. Of the 59 articles that have been selected, only 57 articles are used as research sources in this journal. The development of the number of publications related to the influence of bonus and tunneling incentive mechanisms on Tax Avoidance is still fluctuating from 2017 - 2024. It can be concluded that bonus mechanisms and tunneling incentives have different roles in influencing tax avoidance. various research sources: incentive tunneling variables can reduce tax avoidance, while bonus mechanism variables can increase tax avoidance. Tax evasion is a complex problem that requires clear consideration and law enforcement by the government and business world to ensure legal and fair tax payment practices.

What Does It Mean to be "Plausible"?

This article explores what ‘plausible’ means in statements about legal evidence and shows that it is highly ambiguous. Twelve different meanings of ‘plausibility’ are identified and distinguished from each other by definitions. Contrary to what has been claimed by some evidence scholars (Allen and Pardo, 2019), the article shows that all uses of ‘plausibility’ can be captured in terms of probability. The author also shows that the exposed ambiguity is deeply problematic for legal practice and legal scholarship. The fundamental principle of justice that ‘like cases should be treated alike’ is endangered when the standard of proof is expressed in an ambiguous way, and the scientific testability of hypotheses about legal fact-finding is undermined when these hypotheses are formulated in ambiguous terms.

Study on the Improvement of China's Pharmaceutical Patent Term Compensation System

The implementation of the pharmaceutical patent term compensation system can greatly stimulate the research and development enthusiasm of pharmaceutical enterprises, enhance the accessibility of medicines and promote the national health level. However, the system is still in the preliminary stage of implementation, and there are still a lot of inconsistencies with the real contradictions and the national situation. Through the study, it is found that the following problems exist in the implementation of China's pharmaceutical patent term compensation system: the details of the legislative provisions have not yet been perfected, the approval process cannot exclude the malicious opposition, the interests of creation and imitation are not yet balanced, and the opposition procedure is difficult to implement. Based on this, a systematic study of the legal framework and practice of pharmaceutical patent term compensation system in other countries is conducted, and corresponding solutions to the problems are proposed, i.e., improving the legislative framework and specific provisions, optimizing the examination and approval process and regulatory mechanism, balancing the incentives for innovation and the public interest, and establishing an opposition procedure to prevent abuse of rights, with a view to contributing to the improvement of the system.

К вопросу о взаимодействии политики, права и правовой политики

The challenges of improving legislation, legal technology, and the mechanism of legal regulation exist, perhaps, as long as the law itself exists. Thus, the question of how to best organize the legal life of society, directing it towards the desired course, remains relevant and gains prominence during pivotal moments in societal development. This particularly pertains to the formation of state legal policy, the development of strategic legal concepts, and their implementation in legal practice. Here, it is crucial to first define key concepts. This study attempts to understand the nature of legal policy, its involvement in political and legal spheres, the proportion of legal content versus political content within it, the nature of its interaction with legal policy on one hand, and law on the other, and consequently, in which field of scientific knowledge (political science, jurisprudence, sociology, philosophy) this phenomenon should be studied. The thesis is defended regarding the multidimensional nature of legal policy, allowing for its characterization as a compromise between political interests and legal needs.

PEDAGOGICAL STRATEGIES FOR THE DEVELOPMENT OF LINGUOCONFLICTOLOGICAL COMPETENCE OF LAWYERS: MODERN CHALLENGES AND REQUIREMENTS

In today's multilingual and multicultural world, where globalization and intercultural contacts are becoming more widespread, linguistic and conflict-related competencies of lawyers come to the fore as key factors for professional success and effective interaction. The study highlights the need for a deep understanding of cultural and linguistic nuances in legal practice. The main purpose of this study is to analyze modern strategies and approaches to the progress of linguistic and conflict-related competencies of lawyers. The research is based on a set of methodological approaches, including a review of relevant literature, conducting surveys among lawyers, and experiments among law students. Surveys and experiments have identified key areas for further studying the impact of intercultural communication and conflict management on the professional activities of lawyers. In particular, the effectiveness of educational programs and pieces of training aimed at developing intercultural sensitivity and intercultural communication skills was evaluated. The study confirms the importance of developing linguistic and conflict-related competencies for lawyers in the context of globalization and cultural diversity. The results of the study serve as a basis for improving educational programs and preparing lawyers for successful work, emphasizing the need to adapt cultural and linguistic competencies in professional activities.

К проблеме допустимости доказательств

This article addresses the issue of the admissibility of evidence in criminal proceedings, specifically focusing on the use of results from operational investigative activities, expert conclusions, and testimonies. Until now, the issues of their legalization and recognition as admissible evidence remain controversial. The relevance of this study is underscored by the need in legal theory and practice to recognize the distinct role of non-procedural information in criminal proceedings, which holds significance for the case, and to develop approaches to its legal interpretation and application, considering the sources and methods of its acquisition. The aim of this publication is to justify the necessity of fully reflecting the results of operational investigative activities and expert studies in the materials of pre-trial investigation and criminal cases for subsequent judicial review. To achieve this goal, a number of tasks are solved, including: analysis of approaches to understanding the stated problem that have emerged in the scientific legal literature, determination of legal ways to solve it within the framework of current legislation. An overview of the procedural process of judicialization is provided, with emphasis on the possibilities of interrogating personnel conducting operational support and specialists performing individual studies, the results of which are then subject to verification and evaluation in accordance with the requirements of relevance and admissibility of evidence. In conclusion, the integration of operational investigative results and expert analyses as admissible evidence in criminal proceedings requires balanced approaches that uphold procedural integrity while accommodating the complexities of modern investigative techniques. By advancing these discussions, policymakers and legal practitioners can foster a more robust framework for evidence evaluation and judicial decision-making.

Educational and Cultural Issues in the Legal Practice of the National Public Prosecutor’s Office of the Republic of Poland in 1919-1939

Educational and Cultural Issues in the Legal Practice of the National Public Prosecutor’s Office of the Republic of Poland in 1919-1939

Ecocide, Sustainable Development and Critical Environmental Law Insights

Abstract Advocates of the criminalization of ecocide face a dilemma: how to address activities that bring socio-economic benefits and cause severe environmental damage. The solution has generally been seen in the integration of international environmental law (IEL) norms, such as balancing sustainability with development, into the definition of ecocide. This article challenges the uncritical adoption of IEL norms in ecocide debates and explores the socio-ecological implications of relying on those norms in future trials at the International Criminal Court. While this article does not offer a new definition of ecocide, by borrowing insights from critical environmental law and studies of law in the Anthropocene it proposes a new approach for engaging with the question of ecocide, namely, by embracing reflexivity and normativity in legal practice.

The Challenges and Responses Faced by Digital Legal Education in the Era of Big Data

With the development of new science and technology, modern society has entered the digital age. Law is facing challenges in the fields of legal theory, practice, and law. Modern legal education is facing a transformation towards digital legal education, which is a requirement for the construction of new liberal arts and new digital law. Building digital law requires shaping correct digital values, big data thinking, and integration with new engineering disciplines. Deep innovation and transformation should be carried out from the aspects of training objectives, curriculum system, and practical teaching, continuously exploring ways to build a digital law discipline in the era of big data, and cultivating composite talents who master law and new technology.

The right of re-measurement of settlements in the Middle Ages in the light of the legal practice of Bohemia and Silesia in the 13th and 14th centuries

Summary During the High Middle Ages, hereditary land tenure prevailed throughout East-Central Europe, often in a formalised manner based upon the ius emphyteuticum, whereby peasants were guaranteed a stable amount of land rents to be paid to landlords. There was, however, a legal institution that enabled the landlords to practically renegotiate original settlement contracts without openly violating them, in order to increase their income: the law of re-measurement of settlements (ius mensurationis). On examples from Silesia and Bohemia we have demonstrated that the landlords used this means plentifully, either directly through its actual implementation, or indirectly by renouncing their claims for payment. We have also hypothesized on the rationale and origin of the ius mensurationis, analyzed who could raise claims based upon it, and commented on the formulas related to this legal institution, which may be found there in Silesian and Bohemian charters.

O‘ZBEKISTON RESPUBLIKASI FUQAROLIK HUQUQIDA SUBSIDIAR JAVOBGARLIK MASALALARI

This article provides a comprehensive analysis of the concept of subsidiary liability and its significance in legal systems. Subsidiary liability mainly ensures the creditor’s ability to address an additional liable person if the primary debtor fails to fulfill their obligations. This mechanism is aimed at protecting the rights of the creditor and ensuring fairness between the debtors. The article provides a detailed description of the legal foundations of subsidiary liability, its emergence and development, as well as its specific features in various legal systems. The Civil Code of the Republic of Uzbekistan clearly defines the legal basis of subsidiary liability and specifies the procedure for lodging a claim by the creditor against the main debtor. The article analyzes the role and significance of subsidiary liability in regulating relations between creditors and debtors. The international experience of subsidiary liability and the significance of this mechanism on a global scale were also studied by comparing it with legal systems in different countries. Detailed information is provided on how subsidiary liability is applied in various legal systems and legal practices in this regard. The role of subsidiary liability in the legislation of the Republic of Uzbekistan and its practical application are also discussed