Principle Of Certainty Research Articles

Evaluasi Pemajakan Terhadap Penyelenggara Sistem Elektronik Transaksi Digital yang Berasal dari Luar Negeri

Cross-border trade brings new digital taxation issues in Indonesia. There are differences in the tax treatment for permanent establishments and non-permanent establishments for trading through the electronic sistem (PMSE) in Indonesia. This study aims to evaluate the implementation of taxation of foreign electronic sistem operators based on the "Four Maxims" principle. This study uses a case study approach and collects data from interview with tax authorities, the tax consultants from multinational company, and academics. The results of the study show that for Value Added Taxes, there is no need to look at the substance of Permanent Establishment since the current rule applies equally to all Value Added Tax collectors conducting trade through the Electronic Sistem. As for Income Taxes, only those identified as Permanent Establishment is taxable as Domestic Taxpayers. Therefore, for Value Added Taxes, the Principles of Equality and Convenience have been fulfilled, although the principles of legal certainty and efficiency in collections have yet to be fulfilled. As for Income Taxes, the results of this study show that all respondens agreed that the level playing field have yet to be reached, raising the needs for further discussion on OECD proposal of taxing both Permanent Establishment and Non Permanent Establishment.

Принцип правовой определенности в российской и армянской правовой системе (сравнительный анализ)

A comparative analysis of the place of the principle of legal certainty in the legal systems of the Russian Federation and the Republic of Armenia is carried out. It is concluded that in the Russian Federation the principle of legal certainty is a doctrinal principle that does not have direct normative consolidation, it is an element of the legal system, but not the system of law. In the Republic of Armenia, the principle of legal certainty is a principle-norm, enshrined at the constitutional level, and is an element of both the legal system and the system of law. At the same time, in the law enforcement practice of both states, the role of the principle under study is the same — the Constitutional Courts, arbitration courts and courts of general jurisdiction (and in Russia also justices of the peace) actively use the principle of legal certainty when motivating their judicial acts.

ON THE EFECTIVENESS OF THE PERIODEZATION OF MEMBERS OF THE PEOPLE’S REPRESENTATIVE CONCIL IN TERMS OF JURIDICAL

Indonesian Legislative Assembly is the high institutions and public representatives with the authority to design, discuss and establish a law that the state requires. As in Article 7 Verse (4) Act number 13 in 2019 on MD3 that the term of parliament was five (5) years and ended when new members of the parliament were taking an oath. There is a legal vacuum to the effectiveness of the legislative regulatory management, which needs to be examined for whether or not there is a fight on the principle of certainty of law and democracy. To find answers to questions of formulated problems treated using normative law research with a descriptive approach with secondary data. The result of this study has been decided that the effectiveness of the regional autonomy and policy on micro finance as well as law.

ПРО ЗАСТОСУВАННЯ СУДАМИ КАТЕГОРІЇ «ПУБЛІЧНИЙ ПОРЯДОК» ЩОДО РІШЕНЬ МІЖНАРОДНОГО КОМЕРЦІЙНОГО АРБІТРАЖУ

The article examines the negative tendency towards excessive interference of state courts of Ukraine in international commercial arbitration by cancelling and refusing to enforce arbitral awards on grounds that go beyond the principle of legal certainty as an element of the Rule of Law. It was concluded that the expansive interpretation of the category of public order, applied in some decisions of the Supreme Court, will prevent the normal functioning of international commercial arbitration as an alternative way of commercial disputes' resolution in Ukraine, which not only undermines the investment prospects of Ukraine's economy, but also destroys the possibility of classifying Ukraine as a legal systems of civilized countries of the world, creates ample opportunities for abuses in the process of contesting and recognizing in Ukraine decisions of international commercial arbitration. It is substantiated that a violation of public order as a basis for refusing to recognize and enforce international commercial arbitration awards in Ukraine can be qualified in the case of clear disregard for direct prohibitions established by the state regarding the protection of sovereignty, fundamental human rights and freedoms. One of the ways to solve these problems is to the establish a legal ban on the execution of an arbitral awards in favour of the occupying country and persons related with it. Types of violations of the arbitration procedure as grounds for contesting an international commercial arbitration award or refusing to enforce it are comprehensively regulated in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), and cannot be based on expansive interpretation by the court of the arbitration procedure from the point of view of compliance with the norms established by the Civil Procedure Code and the Economic Procedure Code of Ukraine.

Questions of the legal limit in public law

Public legal relations, especially those related to finance, are a developing and complex group of public relations with a long history. All over the world, there is a continuous process of modernization of legislation, the establishment of new rights and obligations of participants in public relations, the formation or abolition of prohibitions, restrictions, permits. Legal regulation mechanisms are also being improved in the world. Society has always had a need for a stable existence, a harmonious and happy life, which the state should provide. Without understanding the clear boundaries of the rights and duties of each individual, associations of citizens and the state as a whole, it is impossible to build a balance between private and public interests. The purpose of the research is a historical, philosophical, political and legal analysis of the category of "legal limit" in public law. Despite the large amount of fundamental research in science, there is no formed concept of the legal limit in public law in general, and in financial law in particular. In the course of the research, the author uses a different methodology. In particular, the historical method allowed us to establish the specifics of the development of limits and limitations as various states develop. The comparative method served as the basis for the analysis of paired or opposed categories: limit and limitation, justice and injustice, certainty and uncertainty, permissibility and prohibition, etc.Special attention is paid to the theory of public and private law, the aspects of the balance of private and public interests, as well as the boundaries defining these interests, are investigated. The article pays attention to legal principles and legal regimes. In the historical context, the correlation of the limits of the rights of the state and society in relation to each other is analyzed. The issue of legal limitsin certain types of financial relations comes to the fore. The conclusion is formulated about the instability of legal limits in public law and the role of political ideologies that change the legal traditions of society. The need of society for stability and confidence in its state, guarantees of legality and clear legal boundaries, objectively built on a fair basis, issubstantiated.The author also concludes that the limit in public law is a unique entity and can be considered as an independent stable category, and can act as a unique and universal tool, helping to reveal the meanings of other legal categories. The article emphasizes that oppositions form an important basis for understanding the essence of legal limits.There has always been and continues to be a need in society to eliminate injustice, and the uncertain legal limits only reinforce it. That is why certainty is an important component of legislation. Speaking, for example, about the principle of certainty of taxation existing in tax law, one should agree with the words of A. Smith, who emphasized in his writings that uncertainty of taxation is a greater evil than unevenness.Thus, in conditions of large-scale economic and political challenges, clear boundaries of a public-legal and private-legal nature should be built for the harmonization of public life.

ANALISIS POTENSI PELANGGARAN ETIKA MENUJU PEMILU PARALLEL TAHUN 2024

The Election Organiser Code of Ethics, in general, is a unified set of moral, ethical, and philosophical principles that serve as a guideline for Election Organisers' behaviour in the form of obligations or prohibitions, actions and/or remarks that are or are not appropriate for Election Organisers to make. The 2024 simultaneous election is a rather challenging election for election organisers, both the KPU and Bawaslu. Where it incorporates the Presidential and Vice- Presidential Elections, the DPR and DPD Elections, as well as the Provincial and Regency/City DPRDs. Of course, this adds complexity to the execution, especially with the recruitment of organisers in the middle of the stage. This article seeks to uncover probable ethical issues in the conduct of elections in Indonesia during the 2024 simultaneous elections. This article is based on library resources, secondary data owned by the author, or data obtained from third parties. Secondary data from available data relating to patterns of ethical infractions is used asthe foundation for analysis. Based on the information gathered, the general public believes that the potential issue of ethical violations in the conduct of elections in Indonesia in the 2024 simultaneous elections will not be far from the fundamental ethical principles of siding with one of the political forces, conflicts of interest, accepting bribes, and becoming opaque. Certain incidents, such as those concerning the KPU and Bawaslu standards of professionalism, violations of the principle of legal certainty, and violations of the principle of independence, are likely to be repeated in the future.

Legal certainty in automated decision-making in welfare services

Within the context of digital automation and profiling in the public sector, the rule of law and its inherent principle of legal certainty are highly debated concepts in relation to the desirable values and norms of equal treatment, transparency, and impartiality. However, scholars and policymakers disagree over whether automated decision-making (ADM) is beneficial for legal certainty. This debate highlights the ambiguity embedded in the substantive meaning of legal certainty. This article aims to analyze how the principle of legal certainty is interpreted and defined during the practical application of ADM in welfare services and to discuss the theoretical prerequisites for these definitions to be realized in ADM processes. The empirical case is the Swedish Public Employment Service, which makes extensive use of a statistical ADM tool for decision-making about whether or not to provide support to jobseekers. While the implementation of ADM by welfare institutions has been encouraged due to the assumption that it strengthens public and democratic principles, the study shows that, in practice, ADM processes are perceived as non-transparent and generate a relatively large proportion of incorrect decisions. This may be specifically disadvantageous for vulnerable individuals, who run the risk of being incorrectly denied the right kind of support while at the same time having a greater need for welfare support. The widespread future use of ADM in welfare services may affect how welfare rights and obligations and public principles are met in a new technological era.

The goal of social protection for judges in Ukraine

It is indicated that in a social, legal and democratic state, any activity regulated by legislation, consistent with the principles of law, must be characterized by a certain goal. This goal should be characterized, firstly, by clarity and unambiguity (in order to comply with the requirements of the principle of the rule of law in terms of the principle of legal certainty); secondly, by scientificity (strategic orientations of activity that contradict the requirements of the principle of scientificity, and therefore do not agree with legal science, economic, psychological, sociological and other sciences, may harm the provision of human rights, law and order, pose risks for social and other types of security) , which ensures the relevance, adequacy, effectiveness and rationality of such a goal. Compliance with these requirements contributes to the fact that the subject who carries out the relevant activity, taking into account its purpose, clearly understands the motives, grounds, conditions, procedure, legal consequences of actions and inaction within the limits of this activity, and is also able to predict the consequences of such activity, correct their actions in a timely manner in connection with changes in normative or factual circumstances of reality, etc. Therefore, without clarifying the purpose of the activity, it is impossible to clearly understand the content of the activity, which reduces its social and legal significanceThe article defines the goal of social protection for judges in Ukraine. In a broader context, the purpose of social protection is to create appropriate conditions for the socially safe existence of individuals, for whom social protection measures are directed. To refine this definition, the author conducts a comprehensive analysis of general approaches (positive, negative, and combined) to understand the concept of “the goal of social protection” and evaluates their advantages and disadvantages. Within the framework of a combined approach, it is argued that the goal of social protection of judges in Ukraine is twofold: firstly, to mitigate or minimize the negative effects of various social risks associated with the work of judges; and secondly, to establish a comprehensive set of socially safe conditions for judges’ (including retired judges) existence that meet standards aligned with their human dignity and are appropriate to the specific nature of their work. The article emphasizes that social protection for judges highlights the primary practical principle that judges (including retired judges and their family members) should feel secure. Consequently, social protection measures that do not aim to restore or maintain an adequate level of social security for these individuals cannot be considered genuine social protection measures. This jeopardizes judges’ independence and autonomy. Moreover, if social protection measures aimed at ensuring social security for judges fail to yield positive outcomes, it suggests the ineffectiveness or inadequacy of such measures. This necessitates a reevaluation and analysis of factors that impede social protection for judges.

(Un-)rape and involuntary manslaughter as examples of aberration of legal information in criminal law in Ukraine

The article examines the phenomenon of aberration (distortion of the content) of regulatory and legal information in the field of criminal law on the example of certain basic elements of criminal offences (Part 1 of Article 152 “Rape”, Article 119 “Manslaughter by negligence” of the Criminal Code of Ukraine), as well as certain wording, in particular, the use of perfect and imperfect verbs, focusing on related activities instead of a certain activity, etc. The author proves that the aberration significantly distorts the meaning of certain criminal law prohibitions, which grossly violates the principle of legal certainty as an integral part of the rule of law. To improve the current wording of Part 1 of Article 152 of the Criminal Code of Ukraine, which does not define rape as penetration, nor as an act aimed at penetration, but only an act related to penetration, it is proposed to set out its disposition in the following wording: “Committing vaginal, anal or oral penetration into the body of another person using any part of the body or object without the voluntary consent of the victim, or penetration into the body of any person by the genitals of a man without the voluntary consent of the latter (rape)”. The article substantiates in the relevant articles of the Special Part of the Criminal Code of Ukraine, in particular, part 2 of Article 150-1, part 1 of Article 238, part 2 of Article 296, part 3 of Article 314, part 5 of Article 321, part 4 of Article 321-1, part 2 of Article 353, part 1 of Article 365-2, Article 377, part 1 of Article 378, Article 379, Articles 398, 400, 434 of the Criminal Code of Ukraine, etc., the focus should be on a certain activity, but not on any other activity (tangential, adjacent, auxiliary, service, etc.). To improve the current wording of Article 119 of the Criminal Code of Ukraine, which provides for liability for “murder committed through negligence”, i.e., in fact, for intentional unlawful infliction of death to another person committed through negligence”, the following alternative options are proposed 1) toinclude an indication of the form of guilt beyond the direct definition of murder in part 1 of Article 115 ofthe Criminal Code of Ukraine, or 2) to replace the wording of the disposition of Article 119 of the Criminal Code of Ukraine from “murder committed through negligence” to “unlawful infliction of death to another person committed through negligence”. The previous proposal to replace certain imperfect verbs in the articles of the Special Part of the Criminal Code of Ukraine with perfect verbs, if they retain the status of a criminal offence with a material element, has been improved.

Decision-supporting algorithms in the public sector: The influence on caseworkers’ discretionary assessment and reasoning

Caseworkers in the public administration must make decisions based on accurate and objective information and be able to explain their reasoning. They are increasingly relying on decision-supporting algorithms that prioritize output over reasoning. While these algorithms can streamline and improve workflows, they also challenge fundamental principles of legal certainty. Utilizing data from the ASTA report on caseworkers’ experiences with algorithms in risk assessments of newly unemployed individuals as a case, we examine how automation bias and the black box paradox can affect caseworkers’ reasoning and justification of decisions. While the decision-making process may become more efficient in handling large datasets, fundamental principles of the rule of law may be challenged.

Establishment and Observance of Tax Law Principles as a Factor in Protecting the Rights and Legitimate Interests of Taxpayers

The article is devoted to the analysis of the problems of legal regulation of tax law principles. The author draws attention to the fact that the principles should serve not only as a guideline for the legislation development in the tax sphere. The taxpayers’ rights and legitimate interests will be protected only in case of strict compliance with the established taxation principles. The author emphasizes the analysis of compliance with the principle of taking into account the actual ability of the taxpayer to pay tax. It is indicated that the presence of a taxable object does not always indicate the actual ability to pay tax. It is established that the correlation of the factor’s absence is possible through the establishment of social tax benefits. Attention is paid to the characterization of violations of the principle of tax certainty from the insufficient legal regulation to its redundancy, which leads to use of complex legal structures that are difficult for understanding. The principle of interpretation of all irremediable doubts, contradictions and ambiguities of legislative acts on taxes and fees in favor of the taxpayer, its possible violations is investigated. The conducted research allowed to come to the conclusion that the basic principles of taxation should not be declarative, they should be reflected and developed in other norms of legislation on taxes and fees.

Importance of decision execution stage in constitutional jurisdiction

From the supremacy of the constitutional norm follows the unity of the legal and jurisdictional system in the protection of the constitutional public order, which provides for the validity and effectiveness of the court decisions issued by the judges of the Constitutional Court. The enforcement of jurisdictional decisions issued by constitutional courts or tribunals is adjusted to the right of the party in whose favor the judicial authority rules, so that those who issue them or those who are responsible for their implementation are obliged to take the necessary and timely measures measures for their strict compliance, in accordance with applicable rules and procedures and regardless of whether the punishment to be carried out is to be carried out by a public or private organization.Analyzing the practice of the Constitutional Court of Ukraine, it can be pointed out that the fulfillment by all subjects of legal relations of the prescriptions set forth in court decisions that have entered into force confirms the authority of the state as a legal entity. Also, the mandatory execution of a court decision is a necessary condition for the realization of everyone’s constitutional right to judicial protection, therefore the state cannot evade the fulfillment of its positive duty to ensure the execution of a court decision for the real protection and restoration of court-protected rights and freedoms, legal interests of physical and legal entities, society, state. The positive obligation of the state to ensure the execution of a court decision involves the creation of appropriate national organizational and legal mechanisms for the implementation of the right to the execution of a court decision, capable of guaranteeing the exercise of this right and the binding nature of court decisions that have gained legal force, which is impossible without their full and timely implementation.Timely implementation of decisions of the Constitutional Court is an imperative of the principle of legal certainty. This constitutes a fundamental element of the requirement of efficiency, which is part of the process and guarantees compliance with the principles of supremacy and constitutional immunity by all branches of government and citizens.

The Ideal Arrangement of Legal Protection for Informal Sector Workers in the Perspective of the Principles of Legal Certainty, Justice and Expediency

This research discusses the ideal arrangement of legal protection for informal sector workers in the perspective of the principles of legal certainty, justice, and expediency. This research method is normative juridical with a socio-normative approach. While data analysis is deductive. From the results of the research, it is found that labour arrangements as a form of legal protection for Informal Sector Workers need to apply the principle of proportionality, which is a principle that requires material balance and accuracy with an emphasis on the balance between the burden caused (the means used) and the interests supported (objectives), because informal sector workers carry out work relations on the basis of trust and individual business tendencies, the regulation of labour control needs to pay attention to the condition of the employer's ability to apply the work rules that have been determined, in addition to the need to reconstruct the notion of work relations and redefine work agreements in order to provide legal protection to informal sector workers. The current regulatory policy in the field of employment still exists and is structured based on the joints of colonial legal products that place workers as objects or objects that become one of the production factors in the business sector.

THE LEGAL CERTAINTY AND ECONOMIC ANALYSIS OF LAWS CONCERNING ONLINE POPULATION ADMINISTRATION SERVICES WIHTIN E-GOVERNMENT SYSTEM IN BANDAR LAMPUNG

Establishing a regulation regarding information and electronic transactions (ITE) aims to promote optimal IT development and integration for all levels of society. Electronic-Based Government System (SPBE) is design to actualize clean, effective, transparent, accountable governance, quality, and reliable public services. Lampung Provincial Government has set a policy related to the integration of IT within its Population Administration, yet facilities and infrastructure need to be enhanced for better services. The results of this normative empirical research indicate that the principles of legal certainty in the implementation of Population and Civil Registration Administration Services in Bandar Lampung City have not been implemented as evidenced by the absence of a regulation regarding facilities and infrastructure to online services. In addition, the current services were not considered satisfactory by the community in Bandar Lampung City.

Межотраслевая преюдиция в уголовном процессе

Res Judicata in criminal procedure, which prescribes respect for the legal force of judicial acts adopted in civil proceedings, ensures not only the right to judicial protection and the principle of legal certainty, but also the impossibility of resolving civil disputes about the law within the framework of criminal proceedings. As a result, the scale of the impact of the court decision on the criminal process should be determined precisely from the point of view of the limits of the legal force of the court decision in a civil case, and not from the point of view of what signs of corpus delicti can be established on its basis. The article examines the questions of what the objective limits of res judicata are, whether it can have subjective limits, and what significance the presumption of innocence has in establishing these limits.

Reflections on the constitution of part one of article 459 of the criminal procedure code of Ukraine

In this publication, in connection with the consideration by the Constitutional Court of Ukraine of proceedings on the constitutionality of part one of Article 459 of the CPC of Ukraine, the author's position on this issue is given. A comprehensive analysis of the legal regulation of the powers of investigating judges in judicial control over the observance of the rights, freedoms and interests of persons in criminal proceedings makes it possible to conclude that by exercising these powers, the investigating magistrate exercises the constitutional powers of the court, and all his rulings are court decisions. The investigating magistrate acts on behalf of the court as a judge – the bearer of judicial power. The exercise by the investigating judge of the powers of judicial control over the observance of the rights, freedoms and interests of persons in criminal proceedings is an integral element of the implementation of the justice function. Answering the question: "whether part one of Article 459 of CPC directly or in connection with other provisions of the Code prohibits reviewing rulings of investigating judges under newly discovered circumstances", it should be noted that part one of Article 459 of CPC does not contain a direct ban on reviewing rulings of investigating judges under newly discovered circumstances. However, there is no direct indication of the right of appeal and review. In fact, an illegal and unfair decision of the investigating magistrate enters into legal force and must be enforced. Such a situation is unacceptable, since the correction of an erroneous decision of the investigating magistrate in the form of a ruling should take place and be as close as possible in time to its review and correction of the judicial error. Deprivation of the right of access to court in the form of reviewing the ruling of the investigating magistrate under newly discovered circumstances should be considered immeasurable in relation to the goal, which indicates the inconsistency of part one of Article 459 of CPC with part 1 of Article 8 of the Constitution of Ukraine in terms of the principle of legal certainty as a component of the rule of law. And since the right of access to court was restricted in such a disproportionate way, this norm for the same reasons contradicts part two of Article 55 of the Constitution of Ukraine. The possibility of reviewing the rulings of investigating judges under newly discovered circumstances will fully comply with the principle of the rule of law and the basic principles of justice defined by the Constitution of Ukraine.

Legalization of Ethics in Sports and Disciplinary Liability for “Disrepute”

The norms of ethics in sport have practically merged with the disciplinary norms of sports federations. However, the apparent identity of ethical duties and disciplinary duties has not resolved the existing problems of law enforcement. Ethical norms enshrined in the acts of sports federations must meet certain standards of law. In this case, we are referring to the general principles of legal certainty and proportionality, as well as some other related principles. These principles are the first and main guarantees for the subject of sport in case of a breach of an ethical obligation. They are used at different stages of disciplinary liability. Legal certainty protects against unclear ethical norms and unpredictable consequences of their use by sports federations. Proportionality obliges the measure of disciplinary responsibility not to exceed the necessary negative effect of coercion. The ethical obligation to abstain from disrepute is widespread in the acts of federations. The practice of non-disrepute has been intensified by geopolitical events of 2022. The examples of the practice on non-disrepute do not allow us to state that legal certainty and proportionality really protect in any situation from improper disciplinary liability. The tendency has appeared to understand the reputation of sports and sports federations through the prism of the public positions of a particular federation. Confrontation with such positions automatically creates the risk of disciplinary liability. Similarly, the test for real harm to reputation is ignored unlike potential harm or harm existing only in subjective judgements.

Next results of the unsystematic «renovation» of the criminal legislation of Ukraine

The article is devoted to the problematic issues of applying such a type of punishment as deprivation of the right to occupy certain positions or engage in certain activities. These problems arose both in theory and in judicial practice in connection with the amendments to the Criminal Code of Ukraine and controversial judgments regarding their interpretation and application.
 Traditionally and in full accordance with the provisions of the General part of the Criminal Code, such a punishment as deprivation of the right to occupy certain positions or engage in certain activities was prescribed only for those guilty persons who committed a criminal offense that was connected with their use of their official position for a professional or other special purpose activities or with a negligent attitude to its usage. So, only a person with the characteristics of a special subject could commit such a criminal offense.
 But recently, this type of punishment has been included in the sanctions and such articles, according to which a criminal offense can be committed and/or by a general subject. Because of this in the practice of the courts, including the Supreme Court, there have been rare cases when the right to occupy certain positions or to engage in certain activities is deprived of persons who either did not possess this right at all, or the positions they occupy, or the activity they engaged in was in no way connected with the committed criminal offense.
 The article provides a critical analysis of both the relevant legislative novelties and the litigation based on them.
 In particular, it is noted, firstly, that a person cannot be deprived of those rights that do not belong to him, because he is not endowed with them.
 Secondly, attention is drawn to the fact that depriving a person of rights that he does not possess does not exclude the possibility of him committing the same criminal offense for which he was convicted in the future. Therefore, such a punishment in these cases cannot provide either a punitive and educational or, even more so, a preventive effects.
 Thirdly, it is noted that the application of this punishment to persons who do not possess a certain right deprives the court of those guidelines on which it should rely when determining the legal prohibition in the sentence.
 Fourthly, it is indicated that the absence of such guidelines may lead to the imposition of this type of punishment as an additional punishment for committing any criminal offense with a ban, in addition, to occupy any positions and engage in any activities that were in no way related to a criminal offense committed by a person. But this practice can lead to legal disorder, as it unnecessarily expands the boundaries of judicial discretion and violates the principle of legal certainty.
 Finally, it is noted that the application of punishment in the form of deprivation of a certain right on the basis of such sanctions violates the requirements of the general principles of punishment (paragraph 2, part 1 of Article 65 of the Criminal Code), as it contradicts the provisions of Article 55 of the Criminal Code.
 The article suggests ways to overcome both erroneous legislative decisions and litigation based on them.
 Legislation and litigation used in the article as of May 15, 2023.

TANGGUNG JAWAB NOTARIS PENGGANTI TERHADAP AKTA YANG DIBUATNYA SETELAH SELESAI MASA JABATANNYA TERJADI SENGKETA PERDATA DI PENGADILAN

Implications are important in understanding the responsibilities of substitute notaries and the legal certainty regarding the deeds they make after tenure. In the context of civil disputes in court, it is important for surrogate notaries to conscientiously perform their duties, adhere to the principle of Professional Responsibility, and ensure that the interests of all parties are met. This study examines the responsibility of substitute notaries to deeds made after the completion of their term of office, especially in the context of civil disputes in court. The theoretical basis of this study includes the laws governing the notary profession, the principle of Professional Responsibility, the principle of justice and legal certainty, as well as related court decisions. The research method used is normative juridical research, which aims to find the conformity of the rule of law with legal norms, legal principles, and actions performed. The results and discussion of this study consisted of two analyzes. First, regarding the responsibility of the substitute notary to the deed drawn up after the completion of the term of office in the context of a civil dispute in court. Legal responsibility and the concept of good government come into focus in this analysis, where a person is legally responsible for their actions and can be penalized if they violate the law. In the administration of the state and government, this responsibility is attached to positions that have authority.

Peculiarities of interpretation of international treaties in the national legal system

The article analyzes the peculiarities of the interpretation of international treaties in the national legal system, defines the actual problems of implementation of the interpretation and ways to overcome them. Ukraine has joined a number of important international conventions that contain fundamental norms, in particular, regarding human rights. These norms are constantly developing and improving both through the practice of international judicial bodies and through the practice of foreign courts, whose decisions may contain important concepts. Therefore, Ukrainian judicial authorities should follow and apply modern trends and concepts of interpretation, which should lead to ensuring the proper protection of human rights.Without the correct interpretation of an international agreement, its correct implementation is impossible. The task of interpreting an international treaty is to clarify what the parties agreed upon at the time of concluding the treaty, and to clarify the agreed will of the parties embodied in the provisions of the treaty. Accordingly, an incorrect interpretation of an international treaty would violate the right to a fair trial.In Ukraine, the interpretation of an international treaty is carried out by the Constitutional Court of Ukraine and courts of general competence. The first feature is the use by the Constitutional Court of Ukraine to argue its positions not only of the norms of international treaties, but also of generally recognized principles and norms of international law. This practice is special in relation to the practice of courts of general jurisdiction and arbitration courts. This vagueness and incomprehensibility requires interpretation and supplementation in order to establish and guarantee the principle of legal certainty as part of the rule of law. And such an interpretation should reflect the spirit of the times and be based on modern methods and approaches that are rarely found in the decisions of national courts.On the basis of the conducted research, conclusions were made regarding the solution of the problems of interpretation of international treaties in the national legal system. The interpretation of treaties should be carried out primarily in accordance with the basic principles of international law. The interpretation must be conscientious, honest, and have common sense. The main object of interpretation is the text of the contract, including all its parts, that is, the preamble, annexes, as well as any agreement related to the contract, which was reached between all participants in connection with the conclusion of the contract.