Principle Of Proportionality Research Articles

Discretionary Administrative Acts of Territorial Planning and Urban Development Zoning of Municipal Entities

The paper analyzes the legal regulation of the limits of public authority discretion in territorial planning and urban development zoning of municipal entities, defines the limits of judicial control over bills issued by the relevant authorities. Due to comparative legal method we determine that the common feature for Great Britain, Germany and Russia is rather a broad discretion of authorized bodies in doctrine and practice as for planning, which, however, does not exclude control over issued planning acts. In Russia the powers of the bodies regarding preparation and approval of the documents of territorial planning and urban zoning of municipal entities are of discretionary nature. When issuing such acts, the body exercises the freedom of discretion, resulting from the lack and impossibility to define all legal conditions to adopt planning acts. It is noted that the decisions of public authorities, which enact these documents are the variation of discretional planning acts. In comparison to the practice of the Supreme Court of Russia and the courts of general jurisdiction, the local governing body has a broader discretion in regards of the discussed issues. Discretionary nature of such acts does not exclude evaluation of the limits of body’s discretion. The paper concludes that the restrictions of the directorate of the body, while issuing acts of territorial planning and urban development zoning of municipal entities and the possibility of their judicial review are due to the requirements to ground the adopted act by the body, as well as the restrictions of the powers of the body that issued the act. In Russia, the mentioned requirements are partly formalized in the legislation, some of them became judicial practice. Generalized judicial practice demonstrates that acts of territorial planning and urban development zoning of municipal entities result from the requirement to justify the adopted city design and the pursuit of the public goal by the body issuing the act. Normal judicial control of such decisions includes evaluation of the act from the point of legality. In some disputes, courts build their arguments based on the principles of legal certainty, proportionality and trust defense.

Ketiadaan Asas Proporsionalitas dalam Perjanjian Bisnis antara Virtual Hotel Operator dengan Penyedia Hunian

This study raises the issue of whether the principle of proportionality in the business agreement between the VHO and Residential Provider has been fulfilled, using normative research and conceptual approach. Based on that, it was found that the agreement made was found to have not fully implemented the principle of proportionality, such as the minimal role of the residential provider in the process of determining the terms and conditions applicable in the agreement and the use of agreement made unilaterally and the use of some clause also contain things that either harm the residential provider. The conclusion obtained is that the application of the principle of proportionality so that it allows for an imbalance in the exchange of right and obligations that have the potential for parties to feel disadvantaged.

A binate regulatory framework for the accreditation of law faculties in Nigerian universities: a necessity or overkill?

ABSTRACT Nigeria operates a binate regulatory system for legal education under the regulatory control of the National Universities Commission (NUC) and the Council of Legal Education (CLE), which regulate the law faculties of universities and the Nigerian Law School respectively. Both regulatory bodies carry out periodic visitation exercises to confer accreditation status on the law faculties accordingly. Against the standards of the UK Better Regulation Principles (BRP) of proportionality, accountability, consistency, transparency and targeting, this paper examined the effectiveness of the NUC and CLE in exercising their regulatory functions in the regulation of legal education. In its assessment, this paper finds that the binate system falls short of the BRP. Its sanction of withdrawal of accreditation is rather extreme and not fit for instances of minor malfeasance. The activities of the binate regulatory bodies are left unsupervised and the court usually refrains from intervention. Hence, among other things, this paper suggests joint action of both bodies in carrying out accreditation exercises, which will ensure consistency and save costs. The court should also intervene in appropriate instances to prevent abuse of regulatory powers.

Distance, detachment, and division: a response to “Midnight’s victims”

ABSTRACT This response to Derek Gregory’s essay “Midnight’s victims” focuses on ordinariness and the everyday to address the ways in which ordinary and everyday activities were continually misread and misunderstood by the US through foundational practices of distance and detachment over the course of the nearly 20-year occupation. The geopolitical entanglements of the US in Afghanistan, such as weaponising and demarcating gender roles and relations for geopolitical purposes and the ineffectiveness of revenge as a driver of intervention, are identified as other aspects of US failures that require further scrutiny. Additionally, distance and detachment were endemic to the quantitative assessments, such as sorting combatants from civilians or applying the military principle of proportionality, and the subsequent faulty identification of, and decisions to kill, civilians incorrectly suspected of insurgent activity.

Advantages and disadvantages of long-term penalties – considerations in connection with the removal of the penalty of 25 years of imprisonment from the Penal Code

In 2022, another attempt at a comprehensive amendment of the Penal Code was submitted to the Sejm. One of the proposed changes is the elimination of the penalty of 25 years imprisonment and its replacement with a term imprisonment with an extended upper limit from 15 to 30 years. This project is an opportunity to conduct an in-depth analysis of the sentence of 25 years imprisonment, paying particular attention to its advantages and disadvantages. It is also a chance for a comprehensive assessment of long-term imprisonment from the perspective of the function of criminal punishment and the principle of proportionality, which is a new element in Polish literature in this field. The author hypothesizes that neither leaving the penalty of 25 years imprisonment nor extending the term of imprisonment to 30 years is a correct solution from the point of view of the functions and principles of criminal law. Then he tries to prove its validity, using research methods adopted in jurisprudence: formal and dogmatic analysis of legal provisions, as well as a critical review of literature and judgements.The conducted research confirmed the hypothesis. In the author's opinion, long-term imprisonment may be negatively assessed from the perspective of the constitutional principle of proportionality. Instead of announcing postulates that provide for an increase in punitive criminal law by introducing more repressive penalties, it is worth considering taking the opposite actions, aimed at easing penal repression and focusing on effective resocialization. According to the author, the article may be a contribution to a discussion on changes in criminal policy, thus contributing to the development of criminal law and executive criminal law.

Analysis of the effects of the judgement of the Court of Justice of the European Union of June 15th, 2023 in case C-287/22 Getin Noble Bank on domestic preventic proceedings

The study is a continuation of the considerations presented in the article “Lack of securing the borrower's claim to declare the mortgage loan agreement invalid and the principles of effectiveness and proportionality resulting from Directive 93/13”, which appeared in the Quarterly of International Law, 2022, III (III), p. 110-132. The authors analyze the conditions indicated by the CJEU in the judgment of 15 June 2023 in case C-287/22 for securing claims in cases brought by a consumer against a bank arising from credit agreements indexed or denominated in foreign currencies.

마약범죄의 형사법적 대응에 관한 고찰

Article 12 (1) of the Korean Constitution accepts the principle of due process as a constitutional principle. The principle of due process stipulates the basic principle that criminal proceedings should be regulated in terms of guaranteeing basic rights. Therefore, if the investigation by the investigative agency violates the principle of due process, it is illegal. An investigation may conduct an investigation necessary to achieve its purpose (Article 199 (1) of the Criminal Procedure Act).
 However, even if the necessity of such an investigation is recognized, it cannot be allowed if the means of the investigation are not equivalent to the purpose. As a general principle of investigation, the principle of considerability of investigation or proportionality of investigation is derived from the principle of due process. Specifically, the means should be suitable for achieving the purpose of the investigation (the principle of suitability), and the necessary means with the least infringement (the principle of minimum infringement), and there should be a balance between the benefits of achieving the purpose of the investigation and the benefits infringed by the investigation (the principle of balance).
 Currently, drug crimes have difficulties in detecting criminals and collecting evidence due to the wider area and the trend of intelligence due to informatization. As a means of this, the need for a trap investigation will increase further. Nevertheless, it should be legally allowed only to the extent that it complies with the principle of due process and the principle of considerability or proportionality of investigation under Article 12 (1) of the Constitution.

독일의 예방적 경찰활동과 비례원칙 법리 전개에 관한 연구

Counter-terrorism has emerged as a globally significant security issue as we entered the 21st century. Consequently, in various countries, beyond the fundamental role of the police in criminal investigations, there has been an emphasis on proactive activities to prevent the occurrence of large-scale crimes like terrorism. Preventive policing signifies actions taken to detect the causes or early signs of terrorist activities and respond before they occur. The primary aim is to intercept potential threats or preparations for terrorist activities beforehand. Such actions involve stages of information collection, analysis, and pre-emptive response. During the information collection phase, data related to terrorism is gathered through various means, including the activities of terrorist organizations, preparation statuses for terrorist attacks, and movement and communication of terrorists. The acquired information is evaluated from multiple perspectives during the analysis phase to determine the level and immediacy of specific threats. In the pre-emptive response phase, concrete countermeasures are planned and executed based on the analyzed information. Throughout this process, preventive policing must take into account legal, social, and political constraints.
 While preventive policing for counter-terrorism is a vital method to ensure the safety of nations and their citizens, it also poses risks to fundamental human rights and personal privacy. Hence, such activities should be conducted under the principles of transparency, accountability, and proportionality.

형사절차에서 성폭력 범죄 미성년 피해자 보호와 피고인의 반대신문권 보호

Sexual violence crimes are referred to as so-called 'personality murder' or 'soul murder'. Minor victims of sexual violence crimes have to deal with secondary damage in criminal proceedings. The regulation introduced to overcome it is Article 30 (6) of the Sexual Violence Punishment Act. Since the Constitutional Court made a constitutional decision on the regulations in 2013, there has been no change in social perception and value to the extent that the content of the proportionality principle has been changed, the number of victims of underage sexual violence has increased, and secondary damage has continued. However, in 2021, the Constitutional Court considered Article 30 (6) of the Sexual Violence Punishment Act unconstitutional by applying the changed principle of proportionality, seeing the guarantee of the accused and the defendant's right to cross-examine as a constitutional guarantee, not a procedural guarantee.
 This paper criticized the Constitutional Court's decision in 2021 from the perspective of underage victims and considered legislative discussions until the law was revised. Although the Sexual Violence Punishment Act has recently been revised, it is still questionable whether secondary damage to underage victims can be reduced in criminal proceedings. Therefore, this paper considered how to apply the current regulations to those under the age of 13 and those with disabilities, and to recognize the admissibility of evidence by joining a specialized investigator belonging to the court during the investigation process.

무죄추정원칙에 비추어 본 현행 구속자석방제도의 문제점 및 개선방안

Our Constitution stipulates the principles of due process (Article 12 (1)) and the presumption of innocence (Article 27 (4)) as in order to maximize the freedom of the person, which is a prerequisite for guaranteeing all basic rights. In particular, the principle of presumption of innocence is the principle that in a criminal trial, a suspect or defendant should be treated as innocent until a guilty verdict is finalized, and the disadvantages should be limited to the minimum necessary. Therefore, since the principle of presumption of innocence is a principle that limits the restraint of the person itself, investigation and trial in criminal procedures are, in principle, required to be conducted in a state of detention. Accordingly, personal restraint in criminal procedures should be exceptionally used only in cases where it is deemed impossible to achieve the purpose of criminal proceedings because it is impossible to effectively respond to crimes by means other than restraint. If alternative means other than restraint are possible, a system should be prepared to select alternative means according to the principle of proportionality.
 Based on these constitutional values, our Criminal Procedure Law has established the principle of investigation without detention (Article 198 of the Criminal Procedure Act) and trial without detention in the operation of the person restraint system. Regulations on the system of personal detention and release of persons under arrest have been revised. However, looking at the reality of the operation of the arrest and release system, it is questionable whether these institutional devices are properly contributing to the realization of constitutional values and principles of criminal procedure law. For example, there is not much difference in the rate of release by adjudication against detention compared to before the introduction of the arrest warrant review system, and the operation of the bail system has also increased the possibility of realizing the principle of trial without detention by introducing various conditions for bail after the 2007 revision of the Criminal Procedure Act. Despite this, the court arrest rate has increased, and the rate of permission for bail has decreased rather than before the introduction of various bail conditions. This trend in statistics leads us to infer that the detention review and bail system, contrary to the purpose of the revision efforts to lower the arrest rate, do not function as practical control means to curb unnecessary detention and prevent the prolongation of detention. Therefore, it is necessary to find a plan that can actually work as an ex post means to realize the constitutional value of the current detainee release system.

Access to Financial Information for Tax Purposes and Proportionality – Balancing Public Interest with the Protection of Privacy

The purpose of the article is to analyse how to balance public interests with the protection of privacy in the tax field. It has not been an easy task especially in the context of access to financial information.
 In this area, the compromise to achieve transparency needs to pay regard to the principle of proportionality, as reinforced by recent case law of the ECJ, and align with specific legislation such as the EU General Data Protection Regulation and recently enacted EU Digital Services Act.
 It is extremely important to investigate the possible consequences of acting against fundamental rights that are attributed to European citizens (and not only), such as the right to privacy and the protection of personal data. The paper aims to provide relevant and further insight to paths that lead to a fair way to handle such relevant information.
 Every citizen, every academically inclined and dedicated individual, every public official, every judicial agent, must question whether the public interest can ever, or at least, recurrently, surpass a fundamental right to privacy, specially, in a sensible area as the financial information of an individual. Such actions can often lead, if mistakes are made along the way, to dangerous outcomes, such as public humiliation, and can even harm the person’s professional and personal life.
 Methodology. In the course of the paper, an analysis is made of public decisions taken in cases across the European continent. Additionally, some considerations are made about the recent legislation that is produced by competent authorities, particularly the European Institutions.
 Results of the research. The authors offer a personal insight regarding the information that has been gathered, confirming some significant concerns. What is of crucial importance, as stated in the title of this article, is a well established balance between the public interest and the protection of privacy, with explained and defined possible paths to follow.

Problemy konstytucyjne diagnozowane na kanwie ustawy o ochronie zabytków i opiece nad zabytkami – uwagi w świetle spraw zawisłych przed Trybunałem Konstytucyjnym

The constitutional review of the provisions of the Act on Protection of and Care of Historical Monuments has so far been initi­ated eleven times, with the use of various procedures and with differ­ent results, because so far only three matters have been substantially resolved. The subject of this study is an analysis of constitutional problems diagnosed in pleadings instituting proceedings before the constitutional court. The analysis of the research material leads to the conclusion that the repeated accusation of unconstitutionality is a disproportionate interference with property rights and reveals deficits in the procedural justice mechanism of property protection. As can be seen from the Tribunal’s statements, it does not give pri­ority to any of the values involved in the actual conflict when consid­ering requirements for the protection of national heritage contrasted with the expectations of effective protection of the right to property, but rather seeks a solution based on the principle of proportionality.

Current issues of the application of special confiscation in the field of criminal justice

The article examines the issue of the application of special confiscation in the field of criminal justice, taking into account the requirements of international treaties, the legal positions of the Constitutional Court of Ukraine, and the practice of courts of criminal jurisdiction. It has been established that certain controversial issues that accompanied the establishment of the institution of special confiscation are currently resolved, in particular by the practice of the Constitutional Court of Ukraine and the Supreme Court. In particular, the Constitutional Court of Ukraine verified the compliance of the criminal law institution of special confiscation with the Constitution of Ukraine and established the compliance of Articles 96-1 and 96-2 of the Criminal Code of Ukraine with Articles 1, 3, 8, 21, 22, 41, 58, 61, 62, 64 of the Constitution of Ukraine. In addition, the practice of the Supreme Court demarcates the legal nature of punishment in the form of confiscation of property and special confiscation as a type of criminal law, the provisions on the procedure of special confiscation based on Articles 96-1 and 96-2 of the Criminal Code of Ukraine in the manner specified in Article 100 CCP of Ukraine. It was established that in those cases when a person uses property that belongs to him and that was acquired legally as one of the tools for committing a crime, the issue of the gravity of the crime committed, the sanctions of the criminal law and the application of special confiscation to the property of such a person can cause significant difficulties . At the same time, there are no special rules in the General Part of the Criminal Code of Ukraine regarding compliance of special confiscation with the requirements of proportionality to the committed crime, depending on its severity. The absence of such rules may lead to a violation of the requirements of Art. 1 of Additional Protocol No 1 to the Convention on the Protection of Human Rights and Fundamental Freedoms. The risks of a possible violation in this area should be eliminated by consistent judicial practice. It was emphasized that in view of the establishment of legal grounds and the procedure for the application of special confiscation in the field of criminal justice, the issue of the application of special confiscation taking into account the principle of proportionality and the protection of the rights of third parties – bona fide purchasers of property – remain important issues today. It was concluded that in the absence of clear criteria for the proportionality of interference with the right of ownership in both substantive and procedural legislation (Article 100 of the ССР), the question of the legality of deprivation of property from the point of view of the proportionality of interference with such a right must be resolved in each specific case, and certain rules in this aspect should be provided by established national judicial practice. Key words: property, right of ownership, punishment, intervention, confiscation, special confiscation, constitutionality, criminal law measures, third party, bona fide acquirer, proportionality, case law, proportionality

Critical Review about Parricide Crimes of Korean Criminal Law

Purpose: In recent years, the number of infanticide cases has been steady at around 30 per year and the number of toddler murders at around 10 per year, which are generally punishable as ordinary murder. Also Crimes against immediate family members are subject to aggravated penalties. A person(descendant) who kills a member of his or her own or his or her spouse's immediate family is guilty of subsistence murder, which is punishable by death, life imprisonment, or imprisonment for seven years or more. This is a more severe offense than ordinary murder, which is punishable by death, life imprisonment, or imprisonment for five years or more. Most survival-related violent crimes, such as injury, assault, abandonment, abuse, arrest, confinement, and intimidation, have aggravated penalties. However, under the current law, there is no provision for aggravated punishment for violent crimes against direct survivors. There is an aggravated punishment for the murder of a direct survivor by a direct descendant, but there is no aggravated punishment for the murder of a direct descendant by a direct descendant. The Korean Constitution stipulates that “no one shall be discriminated against on the basis of social status”, which may violate the Equal Rights Clause of Article 11 of the Constitution. In other words, it is unconstitutional because it may constitute “discrimination based on birth”. Therefore, we would like to critically examine whether the Korean criminal law should continue to provide for the offense of feticide.
 Method: The aggravated punishment of capital murder is one of the most controversial issues in society. In this critical review of the aggravated murder penalty, we will first look at the Constitutional Court's decision on the aggravated murder penalty. Second, we will look at the arguments in favor of and against the aggravated penalty of capital murder. Third, we will examine the current state of affairs through a comparative legal review of foreign jurisprudence on the aggravated punishment of capital murder. Fourth, the legal, moral, and religious perspectives on the aggravated punishment of capital murder will be discussed. Fifth, based on the above discussion, we will provide a direction on whether to abolish the aggravated penalty of capital murder.
 Results: It is recommended that the aggravated punishment for survival murder be abolished as it violates the right to equality under the Korean Constitution. Even if it is abolished, the purpose of the punishment can still be realized through judicial modification.
 Conclusion: In light of the meaning and legislative purpose of the provision that aggravates the crime of intentional homicide, it cannot be said that the legislative act of selecting a comparative standard, i.e., that intentional homicide is more severely punished than ordinary homicide in the Korean Penal Code, is unconstitutional. However, while the criminal laws have the same criminal offense of killing a person, there is a difference in the 'presence or absence of paternity'. The abolition of capital murder is consistent with the principle of proportionality. It would be contrary to the principle of proportionality to impose severe restrictions based on prosecutorial convenience. For these reasons, it would be a violation of the constitutional principle of equality, and even if it is not unconstitutional, it is difficult to see that it reflects constitutional values such as the principle of equality.

전통적 정의론에 따른 범죄피해자 개념의 고찰

The laws and systems that have not grasped the essence of the purpose of recovering the damage of “crime victims” without accurately organizing the concept of crime victims are very dangerous. Fundamentally, the concept of crime victims is relative. It is also the reason for the relativity of the concept that a crime victim can be defined only when it is determined who is a criminal and what is a crime. However, the reason why it is difficult to define the concept of crime victims is that the concept is inevitably different depending on which theory of justice is selected.
 Traditional justice theories do not define the social role of crime victims or even their definitions. Furthermore, traditional justice does not see criminals as social evils or objects that should be permanently separated from society, but also criminals as members of society who pursue individual freedom and interests as rational human beings with free will.
 In the theory of retribution justice, the existence of crime victims seems to be only a means of determining the amount of punishment in the active aspect of requesting that the degree of disadvantage deserved be proportional to criminal damage. However, in the negative aspect, retaliation is a disadvantage that only justifies the existence of punishment and is not related to the amount of punishment, so crime victims are not considered.
 Utilitarianism can be said to be the sum of human responses to the distribution result, not the distribution method of goods. Maximizing the subjective value of utility, in terms of goods, the distribution of goods and the objective sum of goods are always constant. Therefore, it is not possible to confirm how crime victims are defined and what values and respect should be received within society. In Hegel's theory of absolute punishment, there is no room for a crime victim to intervene in the national punishment right, and his absence becomes clear. The state should never reflect the victim’s subjective sense of damage in punishment. If a criminal is approved as a right holder to be punished by his/her criminal act itself as an existence of immediate will, there will be no room for the criminal victim to exist in the action of the right to punish.
 Furthermore, it was confirmed that the distribution of fair resources is emphasized as a matter of welfare, resources, and opportunities if it is approached in terms of means of equal distribution for the purpose of guaranteeing more equal freedom.
 As such, traditional criminal theories approach how to punish criminals from the perspective of justice, so they do not consider the concept of crime victims at all, or the treatment of crime victims is not a matter of justice. However, it can be seen that the principle of proportionality presented as a means of pursuing justice in most justice theories cannot be fully explained by excluding crime victims.

대통령 전용기 탑승 배제조치에 대한 헌법소원

As is generally known, the boarding in the presidential plane of the journalists of Munwha Breoadcasting Corporation(MBC) in case of Presidential State Visit in Southeast Asia Countries were recently rejected. MBC requested an adjudication on a Constitutional Complaint asserting that the freedom of Speech and equal rights of the claimant were infringed by the boarding exclusion action of Executive Office of the President. The legal requirements of the adjudication on a Constitutional Complaint could be met. MBC holds a qualification as a claimant. The boarding exclusion action of Executive Office of the President is a kind of powerful factual act. It belongs to an exercise of the governmental power which can be the subject of adjudication on a Constitutional Complaint. This Case has an interest of an adjudication even though the boarding exclusion action is finished and cannot be cancelled any more.
 On one hand, the freedom of Speech and equal rights of the claimant were infringed by the boarding exclusion action of Executive Office of the President. The action is unconstitutional because it violated the principles of proportionality and equality.
 In case of withdrawal of litigation, on the other hand, the Constitutional Court has to decide the unconstitutionality of the action by official authority, because the Case has an interest of an adjudication.

가로주택정비사업 활성화를 위한 법적 개선과제

It can be evaluated that our housing administration has contributed to solving the absolute shortage of housing. However, it has caused numerous side effects, including speculative investment in real estate, threats of housing rights for the common people, and intensification of extreme disputes among residents over business promotion.
 Recently, due to these side effects, the Urban Renewal Projects, such as large-scale urban maintenance projects as in the past, have been greatly reduced. Paradoxically, however, as the housing supply decreased, another social problem occurred, such as the increase in the number of deteriorated housings, vacant houses, and the acceleration of slumming in the region.
 To resolve these problems, the government introduced The Street Housing Improvement Project through a revision of ｢Act on the Improvement of Urban Areas and Residential Environments｣(2012) and a legislation of ｢Act on Special Cases Concerning Unoccupied House or Small-scale Housing Improvement｣(2018). It is faster than the existing readjustment project and has the advantage of increasing the resettlement rate of indigenous people.
 However, It is necessary to review the public work of the reconstruction project and the housing improvement project in a city block, examine whether the legislation is valid or not, focusing on legal issues that compare between the expropriation and request for Sale. In determining the public work of reconstruction projects and housing improvement project in a city block, the expropriation violates the principle of proportionality.
 Therefore, in order to improve these problems, above all, it is necessary to increase business feasibility by expanding the size of the business. In addition, rather than the immediacy of the project, it is necessary to create a system such as the Dispute Mediation Committee, that can mediate conflicts between residents.
 Of course, some of the above improvements will not be able to activate Street-Housing Redevelopment Projects. Basically, in order for Street-Housing Redevelopment Projects to properly settle down and achieve their original purpose, the street-housing maintenance project must be converted to an Actual Residence perspective, The society will need a great transition of perspective from “immediacy and efficiency effectiveness” to “safety and happiness” and “the aesthetics of slowness”.

재건축사업구역 내 임대차관계에 대한 도시정비법의 규율과 법적 쟁점 검토

The text of Article 81, Paragraph 1 of the 「Urban and Residential Environment Improvement Act」 (provision for suspension of use and profit) suspends the right of use and profit of the lessee in the reconstruction project area until the date of notification of transfer when there is a notice of management and disposal plan approval. On April 23, 2020, the Constitutional Court decided that compensation for reconstruction tenants could be resolved by lease contracts with landlords, that is, private autonomy, and therefore, provision for the suspension of use and profit did not violate the proportional principle.
 According to private law regulations such as the Housing Lease Protection Act and related regulations of the Urban Improvement Act, the redevelopment and reconstruction project may be a reason for refusal to renew the lease contract, but it is interpreted that the landlord, the owner of the building, cannot terminate the lease unilaterally. For the rapid progress of the maintenance project, the lease contract needs to be terminated in the middle, but for this purpose, the lease contract must include a special contract for the expiration of the lease right and transfer of the lease, or the lease contract must be terminated by agreement.
 However, the suspension of use and profit clause suspends the tenant's right to use and benefit, regardless of whether the lease contract between the lessor and the lessee has been terminated by private autonomy. The reconstruction project is basically a private-led maintenance project and is not a project with strong public interest and publicity like the redevelopment project. Nevertheless, uniformly suspending the use and profit of tenants for the progress of the reconstruction project violates the principle of minimal infringement. Moreover, considering the characteristics of real estate leases, which are the basis for housing and livelihood, it would be said to violate the principle of balance of legal interests. For the benefit of the project operator, if the method of resolving the lease relationship through private autonomy is excluded and the lease right is forcibly lost, it is balanced to systematically stipulate compensation measures for the tenant.
 Compensation measures that must respond to complex and diverse lease relationships need to be flexible. The level of compensation does not have to be the same as the redevelopment tenant, and it can be adjusted.

Theoretical and practical justification of the limitations of the constitutional rights and freedoms of a man and citizen in the conditions of marital law in Ukraine

The author reveals the theoretical and practical aspects of the introduction of restrictions on the rights and freedoms of a man and a citizen in Ukraine, provided by the Constitution of Ukraine, in the conditions of war, highlights the theoretical issue of the need to introduce such restrictions, analyzes the purpose of their introduction and substantiates the objective necessity and adequate proportionality of the measures taken by the state for restoration of normal life activities of the state and society. At the same time, the author analyzed the practical legislative basis for the introduction by the national authorities of a number of restrictions on constitutional rights and freedoms under martial law. The problem of reactivity and spontaneity of changes in legal regulation is highlighted and attention is focused on the exceptional importance of careful and high-quality provision of the rights and freedoms of every person and every citizen, even in special conditions for the state. The legal definition of martial law, as well as the judicial practice of the European Court of Human Rights regarding the principle of proportionality, are analyzed in the paradigm of the topic of this study.

Corporate disclosure, ESG and green fintech in the energy industry

Abstract This article examines the crucial role of non-financial disclosure in achieving environmental sustainability across economies and legal systems, focusing on the Corporate Sustainability Reporting Directive (CSRD). It scrutinizes the efficacy of current reporting regimes and their capacity to capture the distinct nature of company activities. The study underscores the importance of flexibility tools in customizing disclosure obligations to individual companies, striking a balance between competing informational interests and adhering to principles of reasonableness and proportionality. It highlights the double materiality criteria and the ‘comply or explain’ mechanism as pivotal in tailoring reporting duties. Moreover, the article argues for better integration of fintech and greentech to modernize the disclosure obligation, making the disclosed information digitally tagged and machine-readable. It also investigates the potential for technology to ease the existing negative or preventive approach characterizing enforcement mechanisms, possibly setting the incentive for information disclosure. The conclusions encompass policy recommendations aiming to harness the opportunities offered by technology in the context of CSRD, aligning the reporting duties with contemporary needs.