Articles published on Provisions In Law
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- Research Article
- 10.52097/lst.2026.1.149-157
- May 4, 2026
- Łódzkie Studia Teologiczne
- Michał Wodzicki
Prohibition on the admission of evidence regarding facts covered by the seal of confession in administrative proceedings. Administrative proceedings exclude the possibility of a priest obtaining the status of a witness in relation to facts he learned during confession. The provisions of public law do not contain a definition of a clergyman or confession, referring in this respect to the internal law of churches and trade unions. The seal of confession is an integral part of the celebration of this sacrament, from which no one can ever release a clergyman. Respecting the seal of confession is an expression of respect for the constitutional principle of autonomy and independence of religious communities that freely regulate the principles of faith and worship.
- Research Article
- 10.30525/2256-0742/2026-12-2-161-168
- May 4, 2026
- Baltic Journal of Economic Studies
- Liudmyla Golovko + 2 more
Protecting soils from degradation is a significant area of research in international environmental law. Almost all states face soil degradation problems and are striving to solve them at a national level. The quality of soils is decreasing worldwide, which affects states' ability to ensure food security and protect biodiversity. The different approaches adopted by various states to this problem result in insufficient legal regulation of soil protection at a national level. It is therefore imperative that effective international legal regulation of soil protection and international co-operation in this sphere be established. The purpose of this article is twofold: firstly, to analyse the international legal regulation of soil protection, and secondly, to identify existing problems and propose solutions. An analysis was conducted of statistical data pertaining to the deterioration of soils, in addition to the economic consequences thereof. Methodology. General theoretical methods were mainly used when writing the article. The sufficiency of international legal regulation of the protection of soils from deterioration was assessed using analysis and synthesis, theoretical generalisation and systematic interpretation. Results. The article examined the content of the UN Convention to Combat Desertification, the FAO's Voluntary Guidelines for Sustainable Soil Management and national strategies aimed at combating desertification and protecting soils, identifying their shortcomings. Practical implications. Drawing on doctrinal principles and the provisions of current international law, the authors have identified the main challenges facing the international legal framework for the protection of soils against degradation and have proposed possible solutions. Value/Originality. It has been determined that a significant step in enhancing the international legal regulation of soil protection is the adoption of international standards for climate-resilient agricultural practices and soil protection.
- Research Article
- 10.1017/asjcl.2026.10021
- May 4, 2026
- Asian Journal of Comparative Law
- Fahad Alzumai
Abstract Legislative intervention to regulate family businesses has been rare globally. This article assesses recent legislative developments in the United Arab Emirates (UAE), where the first law of its kind governing family businesses was recently introduced. It explores and analyses the new law's special dispute resolution mechanisms and provisions on the internal governance of family businesses. The article also identifies recent legal developments in Saudi Arabia, which are seen as the beginning of a new regulatory framework for family businesses. To advance the field, the article proposes an optimal regulatory framework for family businesses that takes into account their unique nature and characteristics. Specifically, this article proposes an opt-out model for governing family businesses instead of the opt-in model introduced in the UAE. The proposed model would ensure a more effective regulatory framework for family businesses.
- Research Article
- 10.3390/laws15030037
- May 2, 2026
- Laws
- Mohamed Morsi Abdou + 3 more
The AI-supported digitisation of bills of lading has become an important requirement for the maritime transport industry, because it accelerates maritime shipping operations and helps avoid the drawbacks of paper bills of lading. This importance prompted the UAE legislator to introduce a legal provision in the new Maritime Law expressly permitting the use of electronic bills of lading. Despite the significance of this legislative step, this study demonstrates that it suffers from regulatory shortcomings; accordingly, the study aims to bridge the legal gap arising from the deficiency and ambiguity that characterise the rules governing the use of electronic bills of lading. This research fills a gap in the legal literature, as the digitisation of bills of lading under the new UAE Maritime Law has not been deeply explored. It also examines the role of artificial intelligence as an auxiliary instrument in enhancing the efficiency and reliability of this digital transformation. The research adopts an inductive and analytical approach to the provisions of the Maritime Law and related legislation to extract the general legal principles governing dealings in electronic bills of lading. The study shows that the digitisation of maritime bills of lading raises several legal issues resulting from their subjection to more than one legal regime, which may lead to legislative conflict and divergence in judicial approaches. The study concludes that the effective use of electronic bills of lading requires issuance of implementing regulations that explicitly clarify the conditions for their issuance, recognising their possession and electronic negotiability.
- Research Article
- 10.24843/kp.2026.v48.i01.p01
- Apr 30, 2026
- Kertha Patrika
- Deva Alfianto Supardi + 4 more
The business licensing reform enacted through Law Number 11 of 2020 concerning Job Creation has given rise to the Risk-Based Online Single Submission (OSS RBA) system, which relies on real-time data interoperability from various government agencies. The ratification of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) introduces a new legal regime that creates ambiguity regarding the legal status of the parties within the OSS RBA ecosystem. This research aims to analyze the legal qualification of the parties involved in personal data processing within the ecosystem, evaluate the application of the Joint Controllership concept in OSS RBA interoperability, and formulate a mechanism for allocating legal responsibility in the event of personal data protection failures. The research employs a normative juridical method with statutory and conceptual approaches. The result indicate that the relationship between the Ministry of Investment/BKPM and the data source agencies is more appropriately qualified as Joint Controllers, as they collectively determine the purposes and means of personal data processing. A legal void exists in the regulation of joint controllership within the OSS RBA. The absence of agreements or derivative technical regulations governing the allocation of responsibility creates ambiguity that can be detrimental to data subjects. Therefore, derivative regulations are necessary to stipulate in detail the joint controllership mechanism and to mandate the preparation of Data Sharing Agreements (DSAs) between agencies, which would define the responsibilities of each party in accordance with the provisions of the PDP Law.
- Research Article
- 10.33693/2072-3164-2026-19-2-176-184
- Apr 28, 2026
- Gaps in Russian Legislation
- Elena S Papysheva
This paper examines the historical stages of the development of the Russian prosecutor's office in its inextricable connection with the strengthening of Russian statehood and the need to ensure law and order. Considerable attention is devoted to the analysis of the 1991 Concept of Judicial Reform, determining its role in the subsequent development of the prosecutor's office and its impact on the constitutional provisions regulating the status of this institution. An analysis of changes in the constitutional and legal status of the prosecutor's office, resulting from amendments to the Basic Law adopted in 2014 and 2020, is provided. The place of the prosecutor's office in the state's legal system is separately considered through the prism of national identity. The article characterizes the main trends and identifies a number of problems associated with the legislative consolidation of the status of the prosecutor's office. Specifically, the article analyzes certain amendments to the Federal Law that require prosecutors to issue written decisions regarding inspections and expand their scope. The author believes that these amendments are at odds with the constitutional nature of prosecutorial oversight and the provisions of the relevant law, effectively blurring the distinction between the prosecutor's oversight activities and the oversight activities carried out by executive authorities. Particular emphasis is placed on examining the current version of Article 1 of the Federal Law "On the Prosecutor's Office of the Russian Federation," which removed the provision granting the prosecutor the right to act on behalf of the Russian Federation. The possible motives and likely consequences of this legislative move are examined, and its inconsistency with procedural law (in particular, with provisions defining the role and powers of the prosecutor in criminal and civil proceedings) is identified.
- Research Article
- 10.1007/s10603-026-09616-6
- Apr 24, 2026
- Journal of Consumer Policy
- Roman Warda + 3 more
Abstract In the European Union (EU), food safety enforcement operates within a hybrid regulatory framework involving public and private enforcement mechanisms. Effective participation in risk communication from entities of both sectors is essential for addressing the emergence of food safety incidents within the scope of this hybrid food law enforcement framework. Nonetheless, the effective enforcement of EU food law governing food supplements remains a persisting challenge. This study investigates the engagement levels of public and private stakeholders within the Rapid Alert System for Food and Feed (RASFF) communication network, using the food supplement market as a case study. Drawing on the method of doctrinal legal analysis, the functional and normative structures of the EU legal framework governing food supplements is assessed. The analysis is supported by an empirical secondary data analysis to investigate stakeholder engagement with the RASFF. First, comparative trend analysis regarding the subject and frequency of notifications is carried out. Second, the impact of the adoption of the EU horizontal food law framework on RASFF engagement levels of food supplement market stakeholders is assessed. The results indicate an imbalance concerning risk communication in relation to food supplement quality issues. The majority of RASFF notifications can be attributed to public entity controls. Food businesses’ and consumers’ engagements were found to be potentially less affected by the introduction of horizontal food law provisions than safety authorities. Additional empirical research is required to investigate further factors influencing the underlying structures of participation by the private sector in food risk communication.
- Research Article
- 10.69648/rnjd4049
- Apr 23, 2026
- Journal of Law and Politics
- Mohammad Jamal Abdelnabi
This paper addresses the legal dilemma surrounding climate-change refugees in light of the provisions of international law. The paper aims to explore and analyze the current international legal regime that consists of the rules of international refugee law and international human rights law, and examines the possibilities of climate-change refugees to receive protection under these legal frameworks. By adopting doctrinal and analytical methods, the paper starts with analyzing the definitional challenges surrounding the term "climate-change refugees", then it moves to explore the applicability of the 1951 Refugee Convention and relevant regional instruments to climate-change refugees, and then evaluates the role of international human rights law as a complementary protection framework. The paper concludes that while climate-change refugees are not legally recognized and protected by international refugee law at both international and regional levels, they also do not receive adequate protection under international human rights law. Finally, the paper calls on the international community and the UN to establish a new, comprehensive international legal framework, in a form of a new convention or an additional protocol that formally recognizes climate-change refugees as a protected category and provides them with clear, adequate, and effective protection.
- Research Article
- 10.14712/2464689x.2026.187
- Apr 22, 2026
- PRÁVNĚHISTORICKÉ STUDIE
- Grzegorz Nancka
The article aims to present the multidimensional activity of Ignacy Koschembahr-Łyskowski as a professor of Roman law and a member of the Codification Commission of the Republic of Poland. Based on archival sources, the course of his professional career is presented in a synthetic overview. An analysis of his scientific achievements shows the fundamental methodological assumptions relating to his perception of the role of Roman law at the outset of the 20th century. His views on the mutual relationships between Roman law and ABGB are also presented. Considerable attention is given to his participation in the work of the Codification Commission of the Republic of Poland and its reception. The discussion also addresses ‘the basic concept of the law of obligations’ and the draft of the general provisions of civil law authored by this scholar. The subsequent fate of the drafts prepared by Koschembahr-Łyskowski is also indicated.
- Research Article
- 10.59403/19yfy08
- Apr 21, 2026
- International VAT Monitor
- Carlosbertãoda Silva
In this article, the author analyses the recent implementation of the VAT group regime in Portugal. Starting from a brief overview of the EU law provision that serves as a base at the national level – article 11 of the VAT Directive – it then delves into the main characteristics of the Portuguese implementation, unveiling how it differs from the former and the way in which it does not safeguard nor attain its main and intended goals. Critically, the author concludes that the measures’ limited advantages and strict requirements transform an otherwise domestic VAT landmark into a measure that almost completely defeats its purpose, risks infringing EU law and possesses questionable overall attractiveness.
- Research Article
- 10.33327/ajee-18-9.2-a000191
- Apr 20, 2026
- Access to Justice in Eastern Europe
- Abdullah Ehjelah Jr
Background: The study looks at the criminal implications for the death of a woman undergoing an abortion in the context of Islamic Sharia and the legal frameworks of Jordan, the United Arab Emirates, and Europe. The main concern of this study is how to preserve the mother's life while protecting the fetus, which raises sensitive questions about the legal definition of abortion that causes death. The study problem stems from the lack of explicit provisions in Emirati law and in the legislation of France and Poland that criminalize this composite conduct, in contrast to the explicit regulation found in Jordanian law. The study aims to clarify the Islamic Sharia's perspective on abortion crimes and the consequential death of the pregnant woman. Method: The study uses a comprehensive comparative analytical methodology that systematically contrasts relevant Islamic Sharia rulings with the Jordanian, Emirati, French, and Polish legal frameworks governing abortion and the legal consequences of death resulting from it. The study's objectives are to identify similarities and differences between religious and positive law, assess their impact on criminal liability, and assess how well each legal system balances the protection of fetal life with consideration for individual rights and medical necessity. It accomplishes this by critically examining judicial interpretations, statutory provisions, and doctrinal sources. Results and Conclusions: The study draws several important conclusions, chief among them being that both Jordanian and Emirati laws are in line with Islamic Sharia in that they forbid abortion unless necessary, and criminalize both abortion and the killing of a pregnant woman while imposing penalties for both. In contrast to Jordanian law, which specifically forbids abortion that results in death, Emirati and European laws permit abortion in cases of fetal malformation. The study also identifies shortcomings in Emirati law concerning the escalation of penalties. Therefore, in accordance with the Jordanian legislative approach, the study suggests adding a specific clause to Emirati law that criminalizes abortion that results in death and imposes harsher penalties. It also addresses circumstances where criminal liability increases following the issuance of a final judgment for abortion.
- Research Article
- 10.37010/lit.v8i1.2255
- Apr 15, 2026
- LITERATUS
- Salsabila Putri Ananda
The rapid development of platform-based digital economy has significantly transformed legal relationships between digital platform companies and their business partners, particularly through the use of standard form contracts drafted unilaterally. This study aims to analyze the inequality of standard contracts in digital platforms and to examine the relevance of legal protection for business partners based on Law Number 8 of 1999 concerning Consumer Protection. This research applies a qualitative approach using normative juridical methods, focusing on the analysis of statutory regulations, legal doctrines, and contractual practices in the digital economy. The results indicate that standard form contracts in digital platforms create an unequal bargaining position between platforms and their partners, reflected in the presence of exemption clauses, transfer of operational risks, and unilateral authority to modify policies and terminate partnerships. Such conditions potentially contradict the principles of justice, fairness, and good faith in contract law. Furthermore, the position of business partners substantively reflects characteristics of a weaker party, thereby justifying the need for legal protection. Through an extensive interpretation, the provisions of Consumer Protection Law, particularly Article 18, can be applied as a legal basis to invalidate unfair standard clauses. Therefore, stronger regulatory frameworks and government supervision are required to establish a more equitable, balanced, and sustainable digital business envi
- Research Article
- 10.1163/15718182-20262007
- Apr 14, 2026
- The International Journal of Children's Rights
- Elisabeth Gording Stang + 1 more
Abstract Drawing on data from a qualitative study on contact between parents and children in foster care and national case law, the article explores whether and how cultural rights and continuity are expressed and considered in legislation, social work practice and court case law. We find that the law provisions on cultural rights are formulated in general terms. Court case law rarely discusses cultural rights in debt, whereas social work practice more often includes descriptions of cultural issues. We ask whether general regulation leaves practitioners in a situation that can create room for coincidental and potentially discriminatory practices. We highlight the importance of recognising children’s independent cultural identity and personality.
- Research Article
- 10.3389/fhumd.2026.1790473
- Apr 14, 2026
- Frontiers in Human Dynamics
- Ahmad Awwad Albnian + 4 more
Introduction The rapid expansion of electronic banking has significantly increased exposure to cyber risks, including phishing attacks and unauthorized electronic payment transactions. These developments raise complex legal questions concerning civil liability, loss allocation, and compensation mechanisms, particularly within legal systems that lack specialized regulatory frameworks. Methods This study employs a doctrinal and comparative legal methodology. It analyzes the applicable provisions of Jordanian civil, commercial, and banking law, alongside relevant regulatory instruments, and compares them with selected foreign legal frameworks, including European payment services regulation, South African jurisprudence, and U.S. consumer protection laws governing electronic fund transfers. Results The findings reveal that Jordanian law relies primarily on general fault-based liability principles under the Civil Code and Commercial Code, without establishing a specific legal regime for unauthorized electronic transactions. This approach imposes a substantial evidentiary burden on customers, despite banks' superior technical control over digital payment systems. In contrast, comparative legal systems increasingly adopt risk-based or hybrid liability models that favor consumer protection and institutional responsibility. The analysis further demonstrates that cyber insurance, while recognized internationally as a key mechanism for risk allocation and compensation, remains underdeveloped and insufficiently integrated into the Jordanian legal and regulatory framework. Discussion The study concludes that the current Jordanian legal framework is inadequate to address the systemic risks associated with electronic banking. It proposes the introduction of a statutory regime governing unauthorized electronic payment transactions, including presumptive bank liability, clearer allocation of risk between banks and customers, and the integration of cyber insurance as a complementary compensation mechanism. Such reforms are essential to enhance consumer protection, ensure effective compensation, and maintain financial system stability.
- Research Article
- 10.18778/2956-3747.8.05
- Apr 14, 2026
- Paragraf. Studia z Prawa i Administracji
- Damian Marcinkiewicz
The article addresses the issue of the employer’s obligation to provide reasons for terminating an employment contract, taking into account the amendments to the Labour Code of 26 April 2023. It presents the current legal framework, including the extension of the duty to state the grounds for termination to fixed-term contracts and the employee’s right to request justification in the case of probationary contracts. The analysis covers both employee-related and non-employee-related reasons for termination, as well as specific regulations concerning contracts concluded with juvenile employees. The article also discusses inadmissible grounds for termination, arising directly from labour law provisions as well as those developed through the case law of the Supreme Court.
- Research Article
- 10.59546/18290744-2026.1-3-118
- Apr 10, 2026
- Դատական իշխանություն / Judicial Power
- Alisa Amirkhanyan
The prevention of corruption and the fight against it have been declared as priorities of strategic importance In the Republic of Armenia. In such circumstances, it is important to introduce new internationally accepted tools for fighting corruption and their continuous improvement, aimed at combating corruption both in the civil, administrative and criminal spheres. In this context, the analysis of the characteristics of the crime of illicit enrichment becomes more important. Accordingly, in the article, an attempt was made to address the subject of illicit enrichment, according to domestic legislation, as well as international experience. The article, among other things, refers to the relevant provisions of the RA Law “On Public Service” (both in force at the time of the criminalization of the article and currently in force), the legal positions formulated by the relevant decision of the Constitutional Court of the Republic of Armenia, international legal documents considered as guidelines in terms of defining the subject of illicit enrichment, as well as domestic legislative regulations of about two dozen foreign countries and presenting relevant conclusions.
- Research Article
- 10.59546/18290744-2026.1-3-135
- Apr 10, 2026
- Դատական իշխանություն / Judicial Power
- Virab Hambardzumyan
The methodology for the examination of cold weapons lacks both scientific and legal value. The structural distinguishing characteristics of cold weapons established in the relevant standards are outdated and artificial and do not allow for an adequate differentiation between weapons and household items or other objects posing a public danger. From the perspective of threats to human life and health, such characteristics are not of material significance, and no forensic criterion, in and of itself, is capable of determining the actual level of an object’s public dangerousness. In this context, foreign experience is more consistent with contemporary trends and challenges. The successful localization and implementation of foreign legal regulations into domestic legislation would make it possible to neutralize the problems and risks identified within the scope of the present research. Based on the results of the research conducted within the framework of the article, it is proposed to decriminalize the carrying of cold weapons, to remove the existing legal regulations concerning cold weapons from the Law of the Republic of Armenia “On the Regulation of Arms Circulation,” and, at the same time, to introduce a new corpus delicti in Chapter 35 of the Criminal Code of the Republic of Armenia establishing criminal liability for carrying, in a public place, a knife (with the exception of a folding knife with a blade or edge length of up to 60 mm), a knuckle‑duster, a club, a baton, or any other cutting, piercing, striking, or crushing object. The research conducted within the framework of the article also demonstrates that the legislator, by treating the commission of an offense through the use of an object or means specifically prepared or adapted in advance for inflicting bodily injury as an aggravating element of the offense under the current Criminal Code of the Republic of Armenia, has, in comparison with the former Criminal Code of the Republic of Armenia, unjustifiably narrowed the substantive scope of the said qualifying circumstance. In light of the foregoing, it is also proposed to revise the wording of the aforementioned criminal law provision.
- Research Article
- 10.1108/jitlp-06-2025-0060
- Apr 6, 2026
- Journal of International Trade Law and Policy
- Bohdan Karnaukh + 2 more
Purpose In 2022, after the full-scale invasion, the unique measure was introduced by the amendments to the Law of Ukraine “On Sanctions,” namely, collection of the assets into state income. The measure aims to force private persons who in one way or another contribute to the aggressive war against Ukraine to modify their behavior. It effectively allows to seize and turn into state property the assets belonging to private persons (both individuals and legal entities). The purpose of this paper is to analyze this measure and practice of its application through the lens of European standards of human rights. Design/methodology/approach This study provides an overview of the provisions of the Law of Ukraine “On Sanctions” and the Code of Administrative Procedure pertaining to the sanction measure in the form of collection of the assets into state income. Then, the authors analyze the case law of the High Anti-Corruption Court (HACC) that applies the relevant provisions of law. In particular, the analysis focuses on whether the sanction is compatible with the right to peaceful enjoyment of one’s possessions (protection of property). The jurisprudence of the European Court of Human Rights (ECtHR) serves as a reference point. Next, compliance with the standards of fair trial are examined. Particular attention is paid to the fact that most of these cases are tried in the absence of the defendants. Finally, the thorniest substantive issue will be in focus, namely, how to establish whether the defendant exerts effective control over the asset without having official title over it. In this context, the problem of good faith third party protection will be touched. Findings The analyzed measure resembles non-conviction-based forfeiture as it is directed against private persons (individuals and corporations), is implemented in a judicial procedure and does not involve criminal conviction. The HACC’s jurisprudence demonstrates Ukraine’s commitment to the rule of law. While considering these cases, the HACC conducts thorough balancing of competing interests using the proportionality test developed by the ECtHR. This is true with regard to both the right to peaceful enjoyment of property and the right to fair trial. In the absence of postal communication between Ukraine and Russia, the HACC takes all possible measures to inform the defendant of the hearings. However, the damage that the Russian war has brought about and continues to bring about is so grave that the goal of putting an end to it has a considerable weight in the scales of Themis when the Court exercises the proportionality test and decides on whether the interference with the defendant’s rights is compatible with the European standards of human rights protection. Originality/value This paper presents an original analysis of the unique Ukrainian restrictive measure as seen from the perspective of human rights standards.
- Research Article
- 10.37676/jhs.v12i2.11012
- Apr 3, 2026
- JURNAL HUKUM SEHASEN
- Nur M Fadli Nst + 2 more
The strong correlation between crime and social interaction is implicitly reflected in the Criminal Code (KUH Pidana), which states that crime is essentially rooted in social interaction. And when that interaction causes harm to another party, a crime occurs. This is the premise that describes how the correlation between crime and social interaction is established. When a harmful act is regulated by criminal law, it is no longer categorized as merely a crime but becomes a criminal offense. This definition defines the act as behavior that, at a given time and within a given cultural context, is considered intolerable and must be corrected through the use of legal means. The author's background in formulating the problem in this research is:How is the capability of Correctional Institutions in Preventing Recidivism in Class IIA Langkat Narcotics Prison in an effort to prevent the phenomenon of repeated criminal acts? This research is a normative-empirical research with a live-case study category based on empirical observations of the implementation of provisions of correctional laws and regulations in Class II A Langkat Narcotics Prison to evaluate the effectiveness of the guidance of inmates in it related to efforts to prevent repeated criminal acts (recidive). He acknowledged that repeat offenders in the Class IIA Langkat Narcotics Prison experience annual recidivism. Therefore, he believes recidivism in his area is a common occurrence, as crime, which is a part of society, also accompanies crime. Where there is society, there is law; where there is law, there is crime; and where there is crime, there is recidivism. Therefore, the goal of rehabilitation is not to eliminate recidivism but to minimize it. To prevent character-based recidivism, the Class II A Langkat Narcotics Prison collaborates with Islamic, Christian, Hindu, and Buddhist religious leaders to provide regular spiritual guidance. This ensures that mental and spiritual development activities can benefit inmates.
- Research Article
- 10.18572/2070-2108-2026-2-2-5
- Apr 2, 2026
- MILITARY JURIDICAL JOURNAL
- Vladimir M Sutormin
The article is devoted to controversial issues arising in the application of the provisions of the criminal law on excuse in law in connection with conscription during mobilization or in wartime, or the conclusion of a contract for military service during mobilization, martial law or wartime, as well as in connection with military service in the specified periods, periods or time. The author suggests ways to solve them with reference to the norms of substantive law. The possibility of excuse in law in accordance with art. 78.1 of the Criminal Code of the Russian Federation for persons serving in volunteer formations that contribute to the performance of tasks assigned to the Armed Forces of the Russian Federation in connection with the awarding of state awards of the Russian Federation. Based on theoretical research, using the example of judicial practice, it is concluded that it is necessary to amend the Criminal Code of the Russian Federation to eliminate the unequal position of regular military personnel and volunteers who distinguished themselves in carrying out combat missions to protect the Motherland, awarded with state awards, when applying special rules of excuse in law.