Principle Of Freedom Research Articles

Time of Signing: Legal Requirements and Technical Options for Hand-written and Electronic Signatures

The article examines the legal and technical aspects of determining the time of signing for both hand-written and electronic signatures. Of particular relevance in light of the widespread utilisation of electronic signatures in Estonia, involving both government-issued and private-sector e-signatures, it explores how signatures are linked to the time of transactions and whether the time of signing affects the validity of signatures under Estonian and European Union law. The paper discusses the general principle of freedom of form in transactions, highlighting the formal requirements imposed by law for certain transactions and wills, with special focus on comparing the traditional analogue world with the digital environment. Additionally, a review of recent amendments to the eIDAS Regulation examines their impact on the union’s electronic-signature ecosystem. Discussion addresses technical challenges also, with specific regard to linking a signature to the time of the transaction and the legal implications of timestamping in the domain of electronic signatures. For broader context, the insight is informed by comparison with Norway, another member of the European Economic Area. The research reported upon contributes to awareness of the importance of understanding both the legislative framework and technical practices involved in identifying the time of signing for ensuring the legal validity and reliability of electronic signatures.

Case Law and the Principle of Freedom of Judicial Power in the Law Finding by Judges

Case Law and the Principle of Freedom of Judicial Power in the Law Finding by Judges

The Complexity of Freedom of Speech: Wittgenstein’s Language Game and Gadamer’s Hermeneutics

Freedom of speech is filled in various facets of daily life, which has long been the focus of people’s attention and debate. The concept has multiple layers, including mode, content, and timing of speech. It is worth noting that in different cultural, political and legal contexts, different groups of people interpret and apply freedom of speech in various ways. The purpose of this paper is to compare and analyze Austin’s Speech Act Theory, Ludwig Wittgenstein’s Language Game Theory and Hans-Georg Gadamer’s Hermeneutics. Also it aims to demonstrate and summarize three philosophers’ views on freedom of speech from multiple perspectives. By examining these philosophical frameworks, this paper attempts to guide people to further understand the factors that influence freedom of speech and clarify its inherent complexity. This paper not only provides a detailed analysis of the role of language in different contexts, but also provides a relatively complete model for understanding the dynamic interaction between language and society. In the era of globalization, the contradiction between the basic principle and practice of freedom of expression has become increasingly prominent. The results of the paper are intended to provide a reference for future efforts to strengthen intercultural dialogue to guarantee freedom of speech in pluralistic societies.

Legal Aspects of Membership in a Trade Union: A Case Study of Lithuania

The aim of this article is to address the questions of how the principle of freedom of association and the prohibition of discrimination on the basis of trade union membership are understood and to identify legal obstacles for an effective implementation of the right to join trade unions. International, EU regional and Lithuanian national legislation, as well as the case law of the European Court of Human Rights, the Court of Justice of the European Union and Lithuanian courts have been explored to carry out the current study. The results confirm that membership can be interpreted broadly; therefore, members of a trade union may be required to possess certain working and legal capacities, as well as meet other requirements related to the trade union’s objectives, which are sometimes unreasonable. Due to possible exceptions, various members may be subject to different collective rights, for example, certain officers may not be permitted to strike, and some may not even be allowed to join associations.

For Every Book Their Reader: Book Challenges and Library Trauma

Since 2021, public and school libraries have become the frontlines of a cultural war. Regardless of the political tendency of the local area, material challenges have been submitted against libraries nationwide. When library workers handle material challenges, under the principle of intellectual freedom, they have often faced retaliatory actions from political groups, such as online attacks on them organized by political groups and budget cuts targeting the libraries. These challenges may create stress and trauma for library workers, both in the action of the banning, and the anticipation of it. For librarians experiencing trauma or at higher risk of exposure to traumatic events, this poster aims to illustrate a library trauma cycle within the context of material challenges. It highlights how library workers face an increased likelihood of trauma when material challenges are prevailing in the nation and how the internalization of trauma occurs within the context of the library and its community. The poster then suggests possible interventions to halt the library trauma cycle, calling for action from library administrators and board members.

THE LEGAL NATURE OF PUBLIC PROCUREMENT AGREEMENTS AND THE FEATURES OF CONTRACTING IN ELECTRONIC FORM

In the article, based on the analysis of the contractual process, with the help of analytical, formal-logical and comparative legal methods, the legal nature of the peculiarities of public procurement contracts and their difference from other civil-law and economic contracts is clarified, as well as the peculiarities of concluding contracts in electronic form. The relevance of the article is due to the significant importance of contracts on public procurement and the study of the features of concluding contracts in electronic form for the interests of state customers and the state as a whole. In the course of the study, the properties and nature of public procurement contracts and the peculiarities of concluding contracts in electronic form were clarified in the analysis of compliance with the principle of freedom of contract from the beginning of the pre-contractual process stage to the moment of concluding the procurement contract. When clarifying the legal nature of contracts on public procurement and the features of concluding contracts in electronic form, an analysis of the possibility of applying the concept of “a contract as a source of law” to these contracts is carried out. According to the results of the study, the transparency and openness of the entire contractual process, which is controlled by the public and state bodies in order to meet the needs of customers acting in the interests of the state, has been established. Important features of the legal nature of procurement contracts are their mandatory planning, consensuality and payment. The subject structure of these contracts is special, given the competitive nature of these contracts, which are mostly concluded as a result of competitive procedures or simplified procurement. The state takes a special role in these treaties as “a kind of treaty agent.” When concluding contracts on public procurement, the principle of economic profitability and compliance with the requirements of the customer in accordance with current legislation applies. According to the results and conclusions of the study, participants of the contractual process - customers and participants (service providers, contractors, sellers of goods) and specialists in the field of law are suggested to use in their work. Based on the results of the research, it is proposed to supplement Article 640 of the Civil Code of Ukraine with the fifth paragraph, in which to define the registration of procurement contracts in the state treasury bodies, which is mandatory, but is not specified in any legislative act. Also, in paragraph five of the specified article, it is proposed to determine the moment of conclusion of the purchase contract, which is different from the moment of conclusion of other contracts.

Localizing Human Rights: Modeling Human Rights Cities

In recent years, increasing numbers of cities have begun addressing global threats to human rights. By cultivating a local version of citizenship (city-zenship), cities foster a collective ethos shaped around universal principles of freedom, equality, and dignity, declaring themselves human rights cities. However, despite its varied manifestations, this label remains broad, accommodating a range of interpretations. This study distinguishes between two primary models, which I conceptualize as thin and thick human rights cities, and two nested sub-models. The models encompass the efforts of city-zens and local political actors to assimilate the human rights ethos within the city through both declarative and practical approaches. Subsequently, the typology is applied to characterize the South Korean city of Gwangju, renowned as a pioneering human rights city. Drawing on documents and interviews conducted in the city, I illustrate how the specific mechanisms via which a city engages with human rights can be classified into a model, facilitating comparison with other cities.

Agreements on Release of Contractual Liability of Entrepreneurs in Russia and China

This article is devoted to a comparative analysis of the provisions of the civil codes of the Russian Federation and the People’s Republic of China regulating the conclusion of agreements on the release or limitation of civil liability. In the context of active trade and economic cooperation between Russia and China, the issues of proper fulfillment of contractual obligations by each of these partners are placed at the forefront of the negotiations. However, the parties may, by means of an agreement between them, provide for cases of exemption from liability in order to minimize their risks from entrepreneurial activity. The authors of this article explore the legal nature and conditions for the conclusion of such agreements, as well as examine the essence of agreements on the release or limitation of liability for an intentional breach of obligation or as a result of gross negligence. A comparative analysis of the provisions of Russian and Chinese civil law leads the authors to conclude that there is a significant similarity in the legal regulation of agreements on exemption from liability for breach of contractual obligations due to the influence of European civil law In addition, the limits of establishing contractual conditions regarding limitations and exemption from liability in accordance with the principle of freedom of contract are examined. Furthermore, the article discusses the recent changes and modifications to the civil laws of Russia and China. These improvements can be used by business partners of the Russian Federation and the People’s Republic of China who are engaged in trade and economic cooperation with these countries when concluding and executing agreements. The results of this study can also be used to study the problems surrounding exemptions from civil liability in contractual obligations in order to further improve the legislation.

The principles of the exercise of civil rights in the dynamics of contractual obligations

The article is devoted to the general principles of the execution of civil rights upon the occurrence, performance, change and termination of a contractual obligation. Such general patterns are the principles, the application of which is a legal fact that causes the dynamics of a contractual obligation (emergence, implementation, change, suspension, termination), as well as the protection and protection of civil law and interest). It has been proven that there is a group of principles that are characteristic of all stages of the dynamics of a contractual obligation, which are the principles of legal equality, justice, good faith and reasonableness, dispositiveness. It was analyzed that the principle of freedom of contract and free expression of will are determining principles for the execution of civil rights by participants in contractual obligations, because such principles are designed to ensure the validity of the deed, which will subsequently undergo its dynamic development. The basis of these principles is a voluntary action, without any coercion, to enter or not to enter into contractual relations (that is, emergence as a stage of dynamics), as well as to choose a counterparty, its conditions, methods of provision, special conditions for the exercise of rights and performance of duties, freedom of change and termination of the contract. Therefore, this principle will be relevant for almost all stages of dynamics, only with a different magnitude of its role. It has been proven that the principles of the fulfillment of obligations, namely the principles of proper and real fulfillment of obligations, complement the above-mentioned principles of freedom of contract and free expression of will in importance for the realization of civil rights in contractual obligations. The principles of the exercise of subjective civil rights establish fundamental requirements for the conduct of participants, in particular in contractual obligations. It is proposed to highlight such principles of the exercise of civil rights by participants in contractual obligations as the principles of consistency, unimpededness and full satisfaction of interest. The principle of protection of civil rights is manifested in the abnormal dynamics of the contractual obligation. It has been proven that a certain set of basic principles for the exercise of civil rights is inherent to each stage of the dynamics of a contractual obligation.

M&A contracts in Ukraine: legal regulation and the mechanism of their conclusion

The article is devoted to the study of legal regulation of M&A contracts and mechanisms of their conclusion in Ukraine as a generally accepted way of business scaling. The author establishes that, according to the current regulatory provisions, M&A contracts may be embodied in the following ways: reorganisation procedures of mergers and acquisitions; establishment of control over an enterprise by acquiring a share in the authorised capital or shares of a company; asset deal, as well as a loan agreement with an alternative obligation within the Diia City legal regime. The author stated the diversity of legislation on reorganisation in the form of mergers and acquisitions - the detailed, step-by-step, European-compliant regulation of mergers and acquisitions of joint stock companies contrasts with fragmented and scattered legislation on reorganisation of other types of business entities. It has been emphasised that despite the complexity and resource­consuming nature of reorganisation in the form of mergers and acquisitions, business entities use these procedures due to their inherent universal succession, which in turn leads to tax-neutral consequences of the changes. The author additionally argues that negotiability relates to the share in the authorised capital of a company, and not to corporate rights. Based on the analysis of the legislative framework and law enforcement practice, the author establishes that an alienation agreement of a share in the authorised capital may be: concluded with both company members and third parties; with or without consideration; concluded only in respect of a paid share (at the same time, the legislative prohibition on alienation of unpaid shares in an LLC is aimed at protecting the legitimate interests of other persons, not company members who have not paid for the share); concluded both orally and in writing. The author outlines the regulatory peculiarities of acquiring a significant and controlling shareholding in joint stock companies. The author systematises the types of contracts which are asset deals by their very nature. It has been substantiated the expediency of transferring debts as a part of a single property complex to its acquirer. The article examines the legal regulation of loan agreements with alternative obligations, which are in essence analogous to the convertible loan mechanism common abroad. The author emphasises that despite the principle of freedom of contract, a loan agreement with an alternative obligation cannot be used outside the legal regime of the Diia City. It was concluded that it is necessary to regulate in more detail the conclusion of such an agreement; the variables used in calculating the creditor’s share; the rights and obligations of the creditor and the debtor.

The Unfree Commons: Freedom of Marine Scientific Research and the Status of Genetic Resources Beyond National Jurisdiction

Longstanding negotiations on the status of marine genetic resources beyond national jurisdiction under a new UN treaty oscillated between the common heritage of mankind and the freedom of the high seas. The final text of the new Biodiversity Beyond National Jurisdiction (BBNJ) Treaty bridges the normative dissonance by crafting a freedom of marine scientific research juxtaposed with the common heritage of humankind. This article argues that the principle is a specific carve‐out from the freedom of scientific research in the United Nations Convention on the Law of the Sea (UNCLOS), enumerated as one of the freedoms of the high seas. The principle of freedom of marine scientific research is best conceived as a property‐protected activity tethered to marine genetic resources where the scope and consequences of the activity demarcate the commons resource. It derives legitimacy and content from the common heritage regimes in UNCLOS as well as the operative elements of Part II of the BBNJ Treaty that address the equitable use of marine genetic resources and digital sequence information on marine genetic resources. As such, this element in the Treaty and the explanation set out here introduces a new and unprecedented constitutionalising norm in global biodiversity governance.

The Principle of Freedom of Contract in Natural Resource Management Contracts: Key Points and Impacts

The Principle of Freedom of Contract in Natural Resource Management Contracts: Key Points and Impacts

A Comprehensive Theological and Scientific Study of Gestational Surrogacy

With advancements in science and in response to the desire of childless individuals, surrogacy has emerged as a contemporary method of treating infertility. Intriguingly, due to its novelty, this topic has sparked considerable legal and jurisprudential debate. In essence, this medical procedure involves fertilizing a woman's egg with a man's sperm outside the womb. Subsequently, due to the woman's inability to carry the pregnancy, the embryo is implanted into another woman's uterus. Surrogacy, in fact, is a means for infertile couples to have a child. Through assisted reproductive technologies, an embryo created via in vitro fertilization is transferred to a gestational carrier, who carries the pregnancy to term and then relinquishes the child to the intended parents. In Iran, assisted reproductive technologies are employed when couples, or either partner, experience infertility. In these procedures, the sperm and egg of the legal and marital couple are fertilized in a laboratory, and the resulting embryo is donated to another legal and marital couple. A crucial issue in this context is the determination of the child's parentage, especially maternal lineage. Due to the silence of the law, this matter must be resolved by examining the Constitution of the Islamic Republic of Iran and relevant jurisprudential opinions, as well as the perspectives of legal experts. In this regard, determining the maternal lineage, which involves the biological mother and the gestational carrier, presents a challenge and requires further exploration. The conclusion of this paper is that, based on Quranic verses, hadiths, the principle of freedom of will, the intentions of the parties involved, the best interests of the child, customary practices, and legal principles, the gestational carrier is considered the legal mother of the child.

Surveillance, Disinformation, and Legislative Measures in the 21st Century: AI, Social Media, and the Future of Democracies

In contemporary society, the internet, particularly social media, has become a significant area where individuals spend considerable amounts of time engaging in various activities. Concurrently, the growing utilization of artificial intelligence (AI) has emerged as a critical component of the propaganda that is disseminated online within economic, social, and political spheres. AI encompasses a broad range of applications, including data collection for microtargeting and the dissemination of diverse forms of disinformation. Additionally, AI can be effectively employed to detect and remove content from social media platforms that contradicts democratic principles, such as disinformation or hate speech. This study reviews the existing literature on the use of AI in political propaganda, examining not only how AI has become an integral part of propaganda strategies, but also how it is utilized to counter propaganda that violates democratic values. It explores the legislation in various countries that enables (and mandates) the removal of propaganda content contrary to democratic principles from social media platforms with the assistance of AI, and it discusses perspectives that highlight the potential conflict between these practices and the principle of freedom of expression.

Some issues regarding the principles and criteria of lawful restriction of human freedom

The article is devoted to the study of the content and peculiarities of implementation of the principles and criteria for limiting human freedoms. The author concludes that the principle of freedom should be studied through the following aspects: axiological, theoretical and practical. The first one involves maximum absolutisation of the principle of freedom for its further deployment in social relations. The theoretical dimension involves the study of the specifics of the content, types, features, and nature of freedom as a legal principle, which allows for a better understanding of it and its more harmonious implementation in legal relations. The practical dimension involves studying the problems of implementing the principle of freedom, the degree of its presence in various branches of law, and the specifics of its restrictions. The article notes that the principle of proportionality means that restriction of freedom can only be a means, not an aim, freedom is always the highest value for law and its restrictions as the ultimate goal are inadmissible, but only as a regulatory means to ensure rights and freedoms, national security, healthcare, public order, etc. The principle of public welfare as a criterion for restricting freedom is more complicated, since there are two doctrines: classical liberalism, which puts freedom above all else and limits state intervention, and social liberalism, which insists on the welfare of all and therefore more active state intervention in the economic life of society. The author concludes that restrictions on freedom must be in the general public interest in the economic, social and political spheres. The author notes that limitation of the principle of freedom is a reduction of its scope, but not a restriction of its content. By restricting freedom, its content remains unchanged, otherwise it will lose its legal value. The article provides the author’s definition of restriction of the principle of freedom as a lawful interference by the State with the capabilities of a person, which is expressed in setting limits for a possible model of behaviour in a certain territory, individually or for certain groups of persons. The author emphasises that one of the key problems with the implementation of measures restricting human freedom is excessiveness. An important public interest allows for the restriction of freedom to achieve it, but other interests and values may suffer. The principles of minimum possible restriction and priority social value should apply here.

Historical analysis of the formation and development of the principle of freedom of contract

Historical analysis of the formation and development of the principle of freedom of contract

Kedudukan Peranan Notaris dalam Akad Murabahah di Bank Syariah

Basically, the existence of guarantees in sharia banking is a form of bank confidence in the ability of prospective customers who receive facilities to pay off and return the facilities they receive. The aim of this research is: To analyze legal certainty in the financing philosophy of Murabahah contracts in Sharia Banking. And to analyze the role of notaries in murabahah contracts in Sharia banks. Types of legal research are divided into 2 (two) types, namely Normative Legal research and Empirical Legal research. The type of research used by researchers in this research is researchBased on the results of the discussion, the position of Murabahah financing in Sharia Banks is the most popular among the public. Murabahah financing is a product that does not recognize usury or the interest system and murabahah products really help people to make their wishes come true. And the function of a notary is very important in the field of sharia banking, especially in making contracts to channel funds through financing to customers, specifically to create legal certainty in the legal relationship between sharia banks or sharia business units and their customers, namely by making contracts. The financing is in the form of an authentic deed based on the principles of freedom of contract and sharia principles.

Integrating the Principles of Academic Freedom and Patient-Centered Care to Promote Tolerant Listening Skills in Health Care Providers.

Collaboration is a vital skill that needs to be developed in health professions students. Developing tolerance for differing viewpoints and valuing an understanding of others' lived experiences are instrumental skills in learning to provide patient-centered care. Fostering the expression of diverse viewpoints and working through uncomfortable and distressful situations are a part of the experience in acquiring these skills. It is the educator's duty to facilitate these encounters in a way that upholds the tenants of academic freedom and civility to create optimal educational outcomes. Doing so creates opportunities for transformative learning and the facilitation of higher cognitive development when compared with the avoidance of exposing students to divergent viewpoints. It is through freedom of discussion that one must teach students that ultimately the pursuit of truth, even when it may be unwelcome, disagreeable, or deeply offensive, greatly outweighs the discomfort the process of discovering it may bring.

Prinsip-Prinsip Teori John Locke dan John Stuart Mill Terhadap Penyelesaian Kasus Korupsi di Indonesia

Since birth, humans have human rights that cannot be challenged by anyone. Even when a state is formed with such a system of power, it cannot take away human rights. The rights to life, liberty and property are rights that have been inherent in humans since birth. When humans form a country and use their freedom to elect a few people to be their leaders, these leaders automatically hold the people's mandate to create justice and social prosperity. However, citizens are also free to dismiss a government that acts arbitrarily, for example because it has committed corruption. Corruption is the same as taking away human rights, where funds used for the welfare of the people are taken by the authorities for their personal or group welfare. In this paper the author tries to help minimize social injustice, through the principles of authority and freedom put forward by John Locke and John Stuart Mill. The author will describe several cases of corruption committed by government officials and then help readers on how to take a stance on this corruption phenomenon based on the thoughts of John Locke and John Stuart Mill.

‘To Adopt the Principles of Freedom’: Christianity, Women’s Education, and Progress in U.S. Press Coverage of the Iwakura Mission

Abstract In U.S. press reports, the visit of Meiji Japan’s Iwakura Mission in 1872 presented both an opportunity for Americans to facilitate progress in Japan and evidence of social reform already underway there. As an opportunity, the mission served as a potential medium for American efforts to improve the Meiji government’s treatment of Japanese Christians. Many American political and religious leaders hoped to convince the mission ambassadors that freedom of religion was an essential component of civilization and a prerequisite for engaging with the treaty powers on equal terms. As evidence of social reform, the five Japanese girls who came with the mission to study in the United States embodied Japan’s new commitment to expanding educational opportunities for women. Focusing on the themes of religion and gender in U.S. newspaper coverage, this article shows how Americans projected onto the Iwakura Mission their own images of the United States as an inspiration and model for reform in Japan. Treating the mission as both an opportunity and evidence, the U.S. press depicted it in a self-congratulatory fashion to embellish Americans’ national identity as a people committed to progress.