Provisions Of Law Research Articles

The Solutions for The Conflict of Laws Relating to Copyright and Its Exploitation" A Comparative Study"

Determining the applicable law for copyright is a complex issue in the jurisprudence of private international law. This is because it is an intangible moral property, meaning that the nature of the subject to which the right is attributed differs from other material rights. In addition, most legislations have not established specific attribution rules for moral rights, making it difficult to determine the applicable law for copyright. Hence, the research problem is embodied in the absence of explicit and clear texts that address the issue of conflict of laws if it relates to the author’s topics moving between the scope of more than one law, which leads to an overlap in the scope of the applications of the law that related to those rights, raising the issue of which law should apply and which one is more accurate in achieving justice. The importance of this research is evident in raising the awareness among rights holders of the existence of a legal organization that protects the copyright, which may ease their minds due to their prior knowledge of the existence of a law that protects the product of their mind on the one hand and deters the aggressor on the other hand. Moreover, this study aimed to demonstrate the validity of the laws referred to by the traditional attribution rules to resolve conflicts of laws in matters related to copyright. It must be noted that the study adopted the analytical and descriptive comparative approach between Jordanian law and Iraqi law and the role of each in resolving problems arising from conflicts of laws.The study found that the Jordanian legislator specifically addressed unpublished works in Article 57 of the Copyright Protection Law, clarifying whether they fall under the law's provisions. However, we did not find an explicit provision in the Iraqi Copyright Protection Law regulating the issue of unpublished works. However, the researcher recommended that the Jordanian legislator conclude new bilateral or regional agreements in addition to joining international agreements due to the inadequacy or inappropriateness of traditional agreements related to judicial cooperation to rule on what arises from a conflict of legislative jurisdiction regarding copyright.

Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea under Croatian Law

The quantity and volume of hazardous and noxious substances transported by ships as cargo have been increasing markedly. The trend is anticipated to persist and even accelerate in the Adriatic Sea due to the expansion of port infrastructure. Concomitantly with this expansion, the probability of incidents involving these substances, which have the potential to cause significant damage, is also on the rise. At present, the Republic of Croatia lacks the specific legal framework that would provide a comprehensive legal basis for liability, prompt, and adequate compensation for damage to persons and property, liability for clean-up, and reinstatement measure costs, and economic losses resulting from the transportation of such substances by sea. The objective of this paper is to provide an overview of the provisions of Croatian law that regulate liability and compensation in the event of such an accident. The analysis demonstrates the deficiencies of fragmented approach. Moreover, the paper examines the stipulations of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea of 2010, and the prospective advantages of its ratification. These include double-tier liability, a special regime of limitation of liability, compulsory insurance of liability and the right to direct action. In consideration of Croatia's maritime and tourist-oriented economy, the authors highlight the country's substantial interest in not only the ratification of the 2010 HNS Convention and paving the way to its entry into force, but also in amendments to the Croatian Maritime Code in that respect.

Criminal Responsibility for AI Crimes

The research focused on the issue of which crimes fall under the jurisdiction of artificial intelligence. The incorporation of AI programs into different aspects of life entails many challenges, especially regarding the liability for the actions performed by AI and the question of compatibility of the existing legislation with the characteristics of the AI technologies. The state of affairs means that the AI-powered robots may perform actions that prescribe criminal provisions of criminal law, thus raising the issue in the given article as to the possibility of direct criminal penalties for robots, the feasibility of putting the intelligent robots’ criminal responsibility into practice by the general principles of the Jordanian Penal Code and the receptiveness of the concept of recognizing the crime to be committed by artificial intelligence. From this perspective, the main research question of the study is: What are the aspects of criminal responsibility stemming from AI mistakes? Thus, its significance is derived from the fact that it explores a new and essential issue, namely, the criminal responsibility for AI crimes within Jordan’s legislation. It has great importance in so many spheres, and it is difficult to describe all the aspects of artificial intelligence. The most remarkable outcomes and suggestions of the study show that the legal guidelines for criminal responsibility in Jordan of artificial intelligence crimes remain unrecognized. Thus, it is advised that the legislator proceed with actions to create legislation controlling AI technologies and their use for the purpose of serving the state and citizens’ interests. This legislation will guarantee the proper application of the AI capacities within several spheres for the sake of the general public, while taking into consideration all the ethical and legal concerns that relate to using artificial intelligence.

Aligning Greece’s Regulatory Governance With International Transformative Principles and Objectives: The Case of the UN 2030 Agenda for Sustainable Development

Abstract The article highlights the importance that the international dimension of the regulatory context of draft legislation acquires for the drafting of effective regulation. It attempts to demonstrate the added value that the integrated incorporation of fundamental regulatory principles and objectives derived from influential global regulatory texts enjoying full acceptance, like the UN Resolution on the 2030 Agenda for Sustainable Development, brings to a country’s regulatory governance. From an empirical perspective, the article focuses on a thorough analysis of the degree to which Greece’s law-making process is interconnected and aligned with core regulatory principles of the 2030 Agenda, such as the principle of policy coherence, the evidence-based principle, and the principle of inclusion. It examines the key instruments, procedures, and ways in which these principles are appropriately mainstreamed into the Greek legislative process and the institutional and policy framework of the Government on which its legislative interventions are founded. As a case study, the alignment and coherence of the provisions of a specific law pertaining to tourism development with the overarching regulatory principles of the UN 2030 Agenda are examined. Τhe concluding part presents some proposals that could contribute to improving the way the SDGs are effectively mainstreamed into Greece’s legislative process.

Criminal Prohibitions when Using Mobile Applications

The article summarizes interim results of a research performed under the project of the Russian Science Foundation focusing on criminal law risks of using mobile applications. These risks can be of two types: the risk of being held criminally liable and the risk of being victimized by the criminal activities of others. The second type of risk is better defined because it is addressed in the context of preventing crimes committed using information and telecommunications networks or in the field of computer information in general. The first one implies not only situations when a user intentionally causes harm through a mobile application, but also cases where people do things, the public danger and wrongfulness of which is not obvious to them. Such persons usually have no desire to violate criminal law but do so failing to understand the unlawfulness of their actions due to the specific environment and technological features. Therefore, the ultimate goal of this project (at the next step) is to ensure safety of mobile application users, including inadmissibility of their unjustified criminal liability, through the development of recommendations on the rules of behavior when using relevant technologies. The purpose of the work within the framework of the presented scientific article is to determine the state of use of mobile applications (characteristics of mobile Internet culture) and those criminal law regulations that may be consciously or unconsciously violated by users of mobile applications. To achieve this goal two sociological surveys were conducted among users of mobile applications to determine how they use their mobile devices. The provisions of the criminal law and the materials of criminal cases were analyzed in order to understand what crimes can be committed by users of mobile applications who actually did not want and did not understand that they were violating the criminal law.

Features of Criminal Liability of Persons Involved in a Special Military Operation

The conduct of a special military operation has led to changes in many spheres of life of Russian society. A natural consequence of these processes was the reform of certain branches and institutions of legislation, including the provisions of criminal law. The separate law providing for the specifics of criminal liability of participants in a special military operation has been replaced by relevant legal norms. Currently, special grounds for exemption from criminal liability and punishment are provided for this category of persons who have committed crimes. Due to the novelty of such legislative prescriptions, there is a need to conduct a legal analysis of the norms provided for in Articles 781 and 802 of the Criminal Code of the Russian Federation. These novelties of the Russian criminal legislation are subject to theoretical understanding, on the basis of which ways to increase the effectiveness of criminal law regulations on exemption from criminal liability and punishment of participants in a special military operation are to be developed. As a result of the conducted criminal law study of the norms establishing the grounds and conditions for exemption from criminal liability and punishment of participants in a special military operation, their socio-legal essence was determined, their relationship with related norms and institutions was revealed, recommendations and explanations on the application of these norms were formulated, as well as potential directions for improving criminal legislation were outlined in this area. In particular, the reasonableness of clarifying the analyzed norms among the persons to whom the application of the relevant provisions is permissible is justified.

Selected victim protection measures in ordinary criminal proceedings

The victim becomes a participant in the criminal proceedings not because he or she has consciously made such a decision. It is almost always that the victim becomes a participant against their will, which is caused by a direct violation or threat to its legal interest by a criminal offence. This is reflected in the legal definition of the victim contained in Article 49 § 1 of the Criminal Procedure Code (hereinafter CPC) . Cezary Kulesza notes that this definition contains the following elements: subjective (natural or juridical person) and objective, relating to the legal interest infringed by the criminal offence to the extent defined by that provision, but also a provision of substantive criminal law (Kulesza, 1995, p. 17–18). The victim's participation in criminal proceedings makes the victim a participant in those proceedings, whether natural or juridical person, and that participation is limited to fulfilling the role assigned to them by the criminal procedural law (Tylman, 2003, p. 47). The legislature attributes three roles to the victim: in the pre-trial proceedings, the victim is a party (Article 299 § 1 CPC), in the judicial proceedings, the victim may be an auxiliary prosecutor (Article 53 CPC), incidental or subsidiary, and in the course of the entire criminal proceeding, also a testimonial evidence source (Article 177 § 1 CPC, Article 185a § 1 CPC, Article 185c CPC). The status of a party to pre-trial proceedings is acquired by operation of law and does not require the victim to take any action. The situation is different in judicial proceedings, where acquiring the status of auxiliary prosecutor requires a certain effort to by the victim, namely expressing the will to act in that capacity.

Building A Sharia Entrepreneurial Ecosystem Through Halal Value Chain for MSMEs

Independent entrepreneurs promise certain material benefits if the entrepreneur succeeds in running the business. Sharia business and economic patterns are still a big challenge and opportunity to be implemented in Indonesia. Creating a sharia-based entrepreneurial ecosystem is very important for MSME players to be aware of so that they can optimize the business they run according to Islamic law and God's provisions. This halal value chain is a sharia economic sector that plays an important role in economic progress in Indonesia. However, for Indonesia, halal is an economic potential that has not been exploited optimally. One thing that supports building a sharia entrepreneurial ecosystem and is able to increase sales value is by carrying out halal certification on the products it makes. The Community-Based Empowerment Partner in this activity is UMKM Wijayakusuma Sejati assisted by Jatisawit Village Bumiayu Brebes. The aim of this service is (1) to provide partner knowledge in creating a sharia-based entrepreneurial ecosystem and mentality, (2) to provide production and marketing knowledge, (3) to provide business capital management competence, (4) to provide knowledge about production and marketing, management competence business capital, bookkeeping and preparation of financial reports, and (5) facilitating halal certification for Wijayakusuma Sejati MSME products. This training is needed for traders to create a sharia entrepreneurial mentality and halal certification based on the halal value chain so they are able to manage their business well, create a brand image for their products, and increase sales significantly.

Consent of a party in general administrative proceedings

The consent of a party, which determines the admissibility of the administrative authority to take certain procedural actions, is one of the three most important instruments of his or her protection in administrative proceedings, next to the right to actively participate in the proceedings and the right to appeal against the decisions made. Actions requiring the consent of a party include: conducting the proceedings initiated ex officio in a matter requiring an application of a party, mediation, examining a party, stay or discontinuance of the proceedings despite the lack of objective reasons for it, the so-called self-control of the first instance authority, supplementation of evidence by the appellate authority and quashing or changing the final decision despite its compliance with the law. The paper analyzes, on the one hand, the considerations justifying the authority’s taking the above actions; on the other hand, the reasons why the provisions of law provide the party with the opportunity to block such actions of the authority by not expressing consent, i.e. potential or actual adverse consequences for the party resulting from such actions.

Exercise of a party's rights to active participation in administrative proceedings. Selected issues in the context of self-government boards of appeals rulings

Self-Government Boards of Appeals (SBoAs) act, within their statutory competence, as bodies of higher instance, within the meaning of the Code of Administrative Procedure and the Tax Ordinance Act, in individual public administration matters falling within the jurisdiction of local governments, unless specific provisions of law provide otherwise. In view of this, inevitably, their adjudicatory practice relies, among other things, on the direct application of general principles articulated in the Code of Administrative Procedure and the Tax Ordinance Act, especially in terms of ensuring active participation of the parties in the appeal proceedings. Given the specificity of the court operating as a quasi-judicial body, the article analyses the interplay between the general principles related to active participation of the parties to proceedings and outlines difficulties (and challenges) related to the issues discussed. The study was conducted by employing the formal and dogmatic method, as well as auxiliary legal-historical method, with a view to presenting the normative context of the adopted legal solutions. Moreover, the conduced analysis of court and tribunal jurisprudence allowed inclusion of the practical aspects of the general principles in question and their application.

REPRESENTATION OF THE STATE’S INTERESTS IN COURT AS A FUNCTION OF THE PUBLIC PROSECUTOR’S OFFICE: FEATURES OF LEGISLATIVE REGULATIONS

The article highlights some features of the legislative regulation the representation of the state’s interests in court by the public prosecutor’s office, the peculiarity of which periodically become the objects of review by the Constitutional Court of Ukraine, initiated by interested parties, who in current conditions demand revision of such regulation for its compliance with the principles of the rule of law. The purpose of the article is to highlight the peculiarities of the legislative regulation of the representative function of the prosecutor’s office through the prism of establishing its compliance with European standards of the prosecutor’s office activities in the researched field, the method of legislative determination of the scope of the representation of the state’s interests by the prosecutor’s office, the legitimate purpose of adopting legislative provisions on prosecutorial representation, ensuring the implementation of the representation of state’s interests in court by the prosecutor’s office in exceptional cases, the expediency of introducing changes to the legally defined mechanism of implementation of the representative function by the prosecutor’s office regarding the substantiation by the prosecutor of the grounds for such activities, as well as highlighting one’s own vision regarding its further development. It is stated that the constitutional and legal regulation of the prosecutor’s office function of representing the interests of the State in court is characterized by a number of legal categories which are evaluative in nature, and which, given the lack of their legislative definition, are understood in the legal positions of the Constitutional Court of Ukraine and in the practice of the relevant entities applying law, mainly, judicial and prosecutorial practice. It is established that the updated constitutional and legal status of the prosecutor’s office in Ukraine in terms of determining the scope of its powers in activities outside the criminal justice sphere through the prism of the function of representing the State’s interests in court in exceptional cases and in accordance with the procedure established by law embodies the European standards of the prosecutor’s office, whose defining mission in this area is to represent general or public interests, protect human rights and fundamental freedoms, and ensure the rule of law, which corresponds to the legally defined purpose of public prosecutor’s office in Ukraine. It is proved that the method of constitutional definition of exceptional cases of the prosecutor’s office’s function of representation of the State’s interests in court indicates that the legislator does not intend to limit their legislative consolidation to the limits of a specific special law and does not exclude the possibility of their consolidation in the provisions of other laws, since the list of these cases cannot be determined in advance, but should be determined in accordance with the interests which require protection in a particular historical period. It is proposed to apply a balanced approach to introducing changes to the legislatively defined mechanism for exercising the representative function by the prosecutor’s office with due regard for the achievements of judicial and prosecutorial practice of its application, so as not to make it impossible to protect the interests of the State by means of prosecutorial representation.

Child custody after a divorce in Islam and in Russian legislation (comparative analysis)

The article describes the negative consequences that result from the lack of a competent approach to solving the problem associated with determining the right to care for minor children after parental divorce. The main focus is on explaining the most important norms of Islamic family law, and Russian legislation in matters of the right to care for the children in the event of parental divorce. A comparative analysis is carried out between these norms, indicating points of contact and differences. The purpose of the study is to reveal the problem related to the right to care for the minor children that Muslims in the Russian Federation face during the divorce proceedings. The author, in this article, draws attention to the fact that due to some differences in these legal norms, Muslims may have difficulties associated with the desire to simultaneously comply with the rules of their religion in the legal field and not violate the provisions of Russian law. The author also discloses the ways out of the current situation, combining, where possible, the rules of law of the both approaches. The scientific novelty of the paper lies in the very study of the key problems that Muslims in Russia face in the matters related to the divorce process, in particular, regarding the right to care for the children after their parents’ divorce. The research provides the comparative analysis between the norms of Islam and the rules of the Family Code of the Russian Federation on the matter. As a result, it was determined that the Muslim community needs to know and study both the norms of Islamic Law regarding the right to care for the minor children after a divorce, and the position of Russian legislation. It is very important to learn how to combine these norms. Also, in case of a dispute, such issues should be addressed to the qadi. It will help you avoid mistakes and determine who has the priority right to care for the children.

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.

Juridical Analysis of the Rechterlijk Pardon Concept Implementation in Ordinary Criminal Act Associated with the Non-Retroactive Principle in Indonesian Criminal Law

At first, the regulation of the concept of rechterlijk pardon in the provisions of Indonesian criminal law was inspired by a similar arrangement in the provisions of criminal law in the Netherlands. Where the purpose of the inclusion of the concept is to avoid the rigidity that has long occurred in the practice of administering criminal law there. Such reasons are also the reasons behind the inclusion of the concept of rechterlijk pardon in the provisions of Indonesian criminal law. Although it has been more than thirty years since the concept was first discussed, until now the concept of rechterlijk pardon has only been regulated in the provisions of article 54 paragraph (2) of the Draft Criminal Code and article 70 of the Juvenile Criminal Justice System Law. However, in the practice of examining ordinary criminal cases, it turns out that there have been several district court decisions that apply the concept of rechterlijk pardon in the consideration of their decisions, including the verdict of criminal case number 1038/Pid.B/LH/ 2019/PN Pbr, criminal case verdict number 52/Pid.B/2020/PN LBB, criminal case record number 1/Pid.C/2021/PN Ttn, and criminal case verdict number 8/Pid.B/2022/PN Rtg. Even though it is known that the criminal law Indonesia adheres to a non-retroactive principle that prohibits the enactment of a statutory provision before the provision is passed. Therefore, in this article, we will discuss further about the implementation of the concept of rechterlijk pardon in each criminal case decision, which is connected with the non-retroactive principle that applies in the provisions of Indonesian criminal law.

Regarding the employment of persons with disabilities

The article examines the performance indicators of the program objectives of the Cabinet of Ministers of Ukraine regarding the realization of the right to work for persons with disabilities. Based on a comparison of employment rates for persons with disabilities in Ukraine and the European Union, a conclusion is drawn about the need to achieve the declared indicators and to adopt European practices for the inclusion of such individuals in labour relations. The article analyses the provisions of the Laws of Ukraine «On the Fundamentals of Social Protection of Persons with Disabilities» and «On Psychiatric Assistance» concerning the procedure for fulfilling employment quotas for persons with disabilities. Attention is drawn to their inconsistencies and the necessity of harmonizing their content. The article addresses problematic aspects of realizing the right to work for persons with disabilities who have been legally recognized as incapable. It presents statements from scholars and legislative provisions that define the legal labour capacity of persons with disabilities who have been declared legally incapable. It is argued that the legal basis for the inability of such individuals to exercise their constitutional right to work, due to incapacity, can be interpreted as discrimination against them from a certain perspective. It is emphasized that implementing employment support programs for persons with mental and intellectual disabilities is one way to reduce their discrimination and violations of their labour rights, counteract their stigma, and prevent social isolation. To enable persons with disabilities suffering from mental disorders, including those legally declared incapacitated, to exercise their right to work, it is proposed to introduce supported employment mechanisms. The article underscores the necessity of the principle of equal pay for equal work. It substantiates the possibility of engaging persons with disabilities who have been declared incapacitated in labour activities based on an employment integration agreement. Such a mechanism could effectively replace labour rehabilitation, which is one of the forms of individual rehabilitation. It is argued that such activities can only be carried out in the absence of medical contraindications to the person performing a certain type of work. The need to ensure these employees’ rights to remuneration, rest, and other benefits is emphasized. The article analyses the provisions of the draft law on social protection of persons with disabilities concerning the types of social enterprises. The article suggests the possibility of employing persons with disabilities who have been declared incapacitated at sheltered employment enterprises provided for by this draft law.

The fine as a form of liability for anti-competitive concerted actions: novelties of the competition legislation of Ukraine and review of the AMCU practice

The article analyzes the provisions, including novelties, of the Ukrainian competition law on determining the amount of fines imposed for anticompetitive concerted actions. The article analyzes certain provisions of Ukrainian legislation, in particular, the Law of Ukraine «On Protection of Economic Competition» and the Procedure for Determining the Amount of a Fine Imposed for Violation of the Law on Protection of Economic Competition, approved by the AMCU Order No. 22-rp dated December 14, 2023. The author analyzes the provisions of competition law regulating the mechanisms of: 1) determination of the basic amount of a fine; 2) adjustment of the amount of a fine taking into account the circumstances which are taken into account when determining the amount of a fine and increase or decrease the amount of a fine compared to the basic amount of a fine; 3) determination of the maximum amount of a fine. The author cites the practice of the Antimonopoly Committee of Ukraine to support the statements made in this paper. The authors emphasize that the Procedure has solved one of the existing problems of legal regulation in this area. However, this legal act still provides for unlimited discretion of the AMCU in determining the basic amount of the fine, which leads to the possibility of attempts to influence the authorized representatives of the antimonopoly authorities in order to reduce the amount of the imposed penalties. Based on the analysis of the provisions of the Procedure, the Law of Ukraine and the AMCU Decisions on violation of legislation on protection of economic competition and imposition of a fine, the authors conclude that the provisions of the above Procedure are imperfect in terms of legal regulation of the mechanism for reducing the basic amount of a fine in the presence of circumstances provided for by it. The solution of this problem will be facilitated by cooperation of the business entity that has committed or agreed to commit anticompetitive concerted actions with the bodies of the Antimonopoly Committee of Ukraine. In view of the above, it is proposed to amend the competition legislation of Ukraine, including the Procedure.

Possibility of retroactive effect of judicial interpretation of criminal law in the context of its legal certainty

The article addresses the issue of the possibility of retroactive effect of the results of judicial interpretation of criminal law in the context of its legal certainty. It is stated that the effect of a law in time is a manifestation of legal certainty. Predictability of a criminal law does not mean that this law should be understood equally by everyone and be certain and predictable for everyone. Accordingly, courts may interpret criminal law, the result of which should be predictable for the addressee. Based on the case law of the European Court of Human Rights, and also taking into account the theory of “legitimate expectations”, which is widely used, in particular, by the Court of Justice of the European Union, and the activity­based approach to the study of legal phenomena, the author proves that the issue of retroactive effect should be resolved not only with regard to the criminal law itself, but also with regard to the results of judicial interpretation provided by the Supreme Court, which is objectified in the form of legal conclusions set out in the Supreme Court’s rulings, which are binding on all public authorities which apply in their activities a legal act containing the relevant rule of law, and the conclusions on the application of the rules of law set out in the Supreme Court’s rulings are taken into account by other courts when applying such rules of law. If the result of judicial interpretation interprets the criminal law provision that was applicable at the time of the criminal offense more «rigidly», it does not have retroactive effect. If such a result of judicial interpretation is more favorable for the person who committed the criminal offense compared to the interpretation that existed at the time of the criminal offense, then such a result has retroactive effect. The new result of a judicial interpretation of a criminal law provision may have retroactive effect if such interpretation was foreseeable for the addressee of the criminal law and did not violate his legitimate expectations or violate expectations that were not subject to protection for specific reasons.

Peculiarities of the legislative model of the criminal law prohibition of smuggling

The article is devoted to the study of the peculiarities of the legislative model of criminal prohibition of smuggling. It is stated that the emergence of new and modernization of existing methods of smuggling is due to the correlation of the State’s customs policy in connection with the full-scale invasion of the Russian Federation and the introduction of the legal regime of martial law. The purpose of this article is to provide a systematic analysis of the amendments and additions made to Section VII of the Special Part of the Criminal Code of Ukraine in terms of criminalization of smuggling, to determine their effectiveness and expediency, and to formulate scientifically sound recommendations for improving criminal law regulation of social relations related to smuggling. The author establishes that the main factors which influenced the process of recriminalization of commodity smuggling are: an increase in the number of manifestations of smuggling of goods and their unreliable declaration; a decrease in revenues to the State Budget of Ukraine; stimulation of unfair competition; entry of products of inadequate quality into the domestic market; an increase in the shadow economy in the public sector; criminalization of smuggling of goods in certain EU countries; ineffective application of administrative liability measures. The author analyzes the need to strengthen criminal liability for commodity smuggling at the level of the European Union as a whole. The author elucidates the approaches available in the criminal law doctrine to solving the problems associated with the introduction of criminal liability for commodity smuggling. It is substantiated that in case of any change in the system of current criminal legislation, it is necessary to justify this type of rulemaking, i.e. to assess the admissibility and appropriateness of a criminal law novelty. The author emphasizes that it is inexpedient to distinguish criminal law provisions on smuggling by the type of subject matter. The author concludes that the model of criminal legal prohibition of smuggling chosen by the legislator determines the differentiation of criminal liability, and at the same time is a manifestation of the shortcomings of legislative technique, since it gives rise to the emergence of legislative models of smuggling with different objects of criminal legal protection.

أحكام المسؤولية الدولية وفقاً لقواعد القانون الدولي

The establishment of liability is considered a natural punishment in any legal system, whether through national legal systems, in particular the international community, and responsibility in this case arises, regardless of the person who violates the provisions of national or international law, as a result of the error or unlawful act committed by the offending person, and the cause of damage to another person, which leads to the establishment of responsibility in favour of the latter against the person who committed an unlawful act, or refrained from doing a legitimate act, and the cause of this act or omission is harmful to another person. Based on the foregoing, international responsibility in the face of States and other persons of public international law addressed under international legal rules as a normal procedure resulting from the establishment of international responsibility as a result of violating the sources establishing international legal rules, namely either international treaties, international custom or even general principles of law, where the State that violated the provisions and rules of international law is obliged to compensate the State affected by the wrong or wrongful act, or by restoring the situation to their correct as much as possible, and the establishment of international responsibility in this case is considered an actual translation of the provisions and rules of international law through its practical application on the ground Reality. As a result of international law's keenness to protect the international community and its rights from illegal practices, international responsibility must be established towards any person of public international law who has infringed on the rights of other persons, which has added some effectiveness to the rules of international law, unlike in the past when resorting to the settlement of disputes by peaceful means was almost impossible.

Legal Analysis Of Victims Of Defamation Through Social Media Reviewed From Ite Law No. 19 of 2016

This study is a legal analysis of victims of defamation crimes through social media, viewed from the perspective of ITE Law No 19 of 2016. In Decision Number 108/Pid.B/2023/PN Mdl, the victim experienced defamation through social media platforms.This case illustrates how the perpetrator used social media to spread information that damaged the victim's reputation. However, this study highlights that the decision did not fully consider the rights of the victim in accordance with the provisions of ITE Law No 19 of 2016, which regulates the protection of defamation victims in the digital era.This research is conducted with a descriptive approach using qualitative methods with normative juridical research types based on secondary data sources taken from court decision case studies and laws with analysis using relevant legal materials. The results of this study show that the final court decision did not fully comply with the prevailing laws in Indonesia in upholding the rights of defamation victims through social media. Judges should further consider the psychological and social impacts experienced by the victims, as well as provide more just and adequate compensation in accordance with ITE Law No 19 of 2016. Therefore, this study suggests that future legal decisions should be more favorable to victims and comprehensively consider the impacts of defamation crimes through social media.