Provisions Of Law Research Articles

Reception of Roman Private Law in Ukrainian Civil Law as Confirmation of Belonging to the European Legal Family

The article is devoted to current issues of civil law, as well as Roman private law in Ukraine. The purpose of the article is to trace the influence of Roman private law on the development of civil law. In the course of the research, a number of general scientific and special methods of cognition were used, including: historical, dialectical, comparative-legal, logical analysis, formal-legal and other methods. Our legal culture has received Roman law, which became the basis for civil law and is still reflected in modern Ukrainian legislation. In the course of the study, it was established that the Civil Code of Ukraine contains articles that are evidence of both direct and indirect reception. Direct reception occurs when the ideas and provisions of Roman private law are transmitted directly from the primary sources of Ancient Roman law. Indirect (derivative) reception occurred when Roman legal ideas and legal solutions were borrowed not directly from primary sources, but through those legal systems where reception had occurred earlier. That is, indirect reception is the perception of the law of other states where this process has already taken place, and not directly through the primary source. We can affirm the successful reception of Roman law in Ukraine through the basic principles of law, moral and social values, which became the basis of the legal provisions of Roman law and the achievements of human social culture. Therefore, the achievements of Roman law are not only in the formation of civil law in Ukraine, but also in the ability to expand legal thinking and respect for law as a value and the main achievement of society. It can be unequivocally stated that civil law, being part of the Romano-Germanic legal system, is a reproduction of Roman private law, which on the one hand, through centuries-old transformation, has acquired a corresponding theoretical content and remains unchanged and relevant to this day. The conclusions obtained during the study of the influence of Roman private law on the development of civil law as a whole develop both the theory of civil law and the philosophy of law and serve as a subject for further research on the genesis of civil law institutions, the origin and essence of most legal norms in Ukrainian civil law.

IMPLEMENTATION OF BOOKING INVENTORY AND REPORTING REGIONAL OWNED GOODS

Regional property administration is one of the scopes of regional property management, where bookkeeping, inventory, and reporting are a series of activities in the administration of regional property in accordance with the provisions of laws and regulations. Administration of regional property in order to create administrative orders, including compiling reports on regional property that will be used as material for preparing balance sheets of government agencies that provide data so that the implementation of regional property management can be carried out effectively. This study aims to determine the application of opening, inventory and reporting of regional property based on Minister of Home Affairs Regulation No. 47 of 2021 at the Office of the Regional Housing, Settlement and Land Office of North Sulawesi Province. The method used in this study is qualitative descriptive. The results showed that the application of bookkeeping, inventory and reporting of regional property at the office of the Housing, Settlement and Land Office of North Sulawesi Province was in accordance with the Minister of Home Affairs Regulation Number.47 Year 2021 concerning Procedures for Implementing Bookkeeping, Inventory and Reporting of Regional Property.

Agroforestry and the Climate Crisis: Prioritizing Biodiversity Restoration for Resilient and Productive Mediterranean Landscapes

This study deals with the future of the traditional agroforestry systems (TAFSs) in the northern Mediterranean Basin. Important productive systems, such as ancient non-irrigated olive groves and extensive silvopastoral systems, from subalpine grasslands to coastal landscapes, are being irreversibly degraded, threatening the bio-cultural heritage of the Mediterranean region, an area recognized as a global biodiversity hotspot. In the midst of the global biodiversity and climate crisis, immediate actions are proposed for the protection and conservation management of TAFSs, within a new EU policy framework. Having the TAFSs of Greece in the spotlight of this analysis, a four-step approach was used in order to review the value of agroforestry in terms of (a) biodiversity (birds, mammals, invertebrates and soil biota), (b) agroforestry landscapes, such as traditional olive groves on terraces and valonia silvopastoral systems, (c) ecosystem services, especially concerning cultural values, and (d) the modern threats to traditional agroforestry. Through this research, problems are highlighted and European policy priorities are defined. Our conclusion is that there is an immediate need to revise the European Union rural, forestry, and environmental policies in the Mediterranean region, following the provisions of the new EU Nature Restoration Law, in order to revive agroforestry landscapes and make them productive and sustainable again for the benefit of rural economies, local communities, and biodiversity, especially in marginal Mediterranean mountainous and island areas, where depopulation and susceptibility to wildfires are major threats.

ДОСРОЧНОЕ ОСВОБОЖДЕНИЕ ОСУЖДЕННОГО ОТ ОТБЫВАНИЯ НАКАЗАНИЯ В ЭКСТРЕМАЛЬНЫХ УСЛОВИЯХ: НЕКОТОРЫЕ ПРОБЛЕМЫ РЕГУЛИРОВАНИЯ

Based on the analysis of the provisions of the Federal Constitutional Law «On the State of Emergency», the Criminal Code of the Russian Federation, the Penal Code of the Russian Federation and other normative legal acts, a number of shortcomings in the regulation of parole, replacement of the unserved part of the punishment with a milder one and release from punishment due to the illness of the convicted person, accepted by the court in extreme conditions, that is, when natural disasters occur or a state of emergency or martial law is imposed. The article focuses on a number of issues: suspension of the convict’s right to apply for early release, leaving the possibility of such treatment with the administration of the institution or body executing the punishment; attribution of the convict’s participation in emergency rescue and other urgent work to the criteria for parole or replacement of the unserved part of the punishment with a milder one; imputation of post-penitentiary responsibilities related to the elimination of the consequences of extreme conditions; etc.

Efforts of The People of Geyongan Village In Obtaining Rights To Former Pangonan Land

The certificate of right to use on state land is a legal instrument that gives the holder the right to use state land for a certain period of time in accordance with the provisions of the applicable laws. This study examines the case of State Land intended for pangonan, which is located in Dukupace Block, Geyongan Village, Cirebon Regency, where the villagers use the abandoned Pangonan land, then they control it for various purposes such as agriculture and housing. Even though they have controlled the land for many years, the community does not have its ownership status. This will cause problems in the future if the status of the land is not yet owned by the people who occupy the land. The research method used is empirical juridical, with reference to various previous studies on state land ownership and land distribution justice. The results of the study show that there is a lack of public understanding of procedures and ownership conflicts. To overcome these obstacles, it is necessary to simplify the mechanism regarding rules and increase socialization. This study provides fair and inclusive policy recommendations, as well as concrete steps to improve the process of issuing use rights certificates and recognition of land rights based on long-standing physical tenure.

Revisiting Criminal Law Bills: An In-Depth Critical Analysis of Bharatiya Nyaya Sanhita Bill and Bharatiya Nagarik Suraksha Bill

Abstract In an attempt to revise the criminal laws, India has introduced three new criminal law bills in the Lok Sabha in August 2023, which later received a few recommendations from the parliamentary committee and recently got a nod from the President of India. These bills have been diligently formulated after consultation with the apex court, the high courts, some of the most renowned law universities in the country, and other experts in the field. However, there have been a lot of drafting errors in the new bills. Since the time it has been introduced, it has been highly criticized by all the scholars and lawyers across the nation. The idea of overhauling the criminal law acts was to go away from the colonial law provisions and frame the laws with Indian context. The IPC will be changed after around 163 years. However, the author believes that the colonial laws remain intact in the new bills. This article has seen all the changes that new bills are cringing providing special focus to the Bharatiya Nyaya Sahinta (BNS) and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The author has mentioned all the changes brought in the BNS and BNSS and the critiques of the new bills.

Нетривиальный подход к определению обязательных вопросов, подлежащих включению в повестку очередного (годового) общего собрания участников общества с ограниченной ответственностью

The article is dedicated to an analysis of the need to hold ordinary (annual) general meetings of members of a limited liability company (including in one person companies); selection of obligatory matters to be included in the agenda of such meetings. The author proves the need to hold ordinary (annual) general meetings in all limited liability companies, concludes that the only imperative matter to be included in the agenda of a general meeting of members is approval of the annual performance of the company, justifies that review of other matters is optional taking into account the provisions of applicable laws, judicial practice and relevant civil studies.

Unregistered Polygamy Validation: Isbat Nikah, Polygamy Permit, and Due Process of Law in Indonesian Religious Courts

This article probes whether methods of validating unregistered polygamy in Indonesian Religious Courts have honored the due process of law. Judges have adopted two different methods in validating unregistered polygamy: first, by ordering concerned parties to apply for the issuance of a retroactive marriage certificate (isbat nikah), and second, by advising them to submit a polygamy permit application. Using the sociolegal approach in examining Ratio Legis and selected cases on unregistered polygamy validation across Indonesia, it finds that the existing methods have impacted protecting women’s and children’s rights and marriage law objectives. Opting for isbat nikah means perpetuating violations of the marriage law provisions and objectives, which restrict polygamy through court proceedings to be orderly administration and protect women’s and children’s rights. Meanwhile, requiring unregistered polygamists to remarry by applying for a polygamy permit could impact wives’ rights who are married without registration and their children’s. The 2018 Supreme Court’s Circular prohibiting the Religious Court from accepting applications for isbat nikah of unregistered polygamy shows its tendency to the formal application of the marriage law provisions. Even so, judges adopt the contentious isbat nikah to legalize unregistered polygamy, mainly when the parties involved accept their polygamy and live peacefully. This bottom-up approach arguably better meets the principles of fairness because all legal rights owed to concerned parties are respected.

Pertanggungjawaban Pidana Pengurus Yayasan dalam Penggelapan Kekayaan Yayasan Pendidikan

This study aims to describe the Criminal Liability of Foundation Administrators in Misuse of Educational Foundation Assets. The method used in this study is normative juridical, namely research with data sources based on Laws, decisions, and other legal materials related to this scientific work with a Criminal Law perspective. Criminal acts of embezzlement in office without us realizing have occurred a lot and are difficult to identify because the perpetrators are still in the same scope as the institution, organization or company. The results of this study indicate that the defendant can be sentenced by the judge under Article 364 of the Criminal Code in conjunction with Article 64 of the Criminal Code so that the defendant is sentenced to 1 year in prison and is required to return the proceeds of the crime. In fact, Indonesia has special regulations governing Foundations along with criminal penalties for those who violate the legal provisions in Law No. of 2004 concerning amendments to Law No. of 2001 concerning Foundations. This is because there are certain criteria, namely the perpetrator as a core organ of the Foundation (Supervisor, Manager, Supervisor) so that someone who violates the provisions can be subject to articles in accordance with the Foundation Law. Keywords: Criminal Act, Embezzlement, Educational Foundation

THỰC TRẠNG PHÁP LUẬT VỀ GIẢI QUYẾT TRANH CHẤP ĐẤT ĐAI VÀ GIẢI PHÁP HOÀN THIỆN

Land disputes are a common phenomenon occurring in social life. In particular, since land use rights are considered goods, land disputes are becoming increasingly complicated. In the process of implementing the plan to change the Land Law, the Draft Land Law (amended) has a number of new contents related to land dispute resolution that are worth noting. However, according to the new Land Law 2024 just passed by the National Assembly on January 18, 2024 (effective from January 1, 2025), this issue has almost nothing new compared to the provisions of the current Land Law 2013. Therefore, this article will analyze and evaluate current legal provisions related to land disputes, such as: concepts of land disputes, authority, procedures for resolving land disputes, guidelines for resolving land disputes, in order to contribute to perfecting the law on resolving land disputes in the coming time.

Hubungan Antara Kelelahan Dengan Tingkat Kecemasan Perawat Rumah Sakit: Sebuah Tinjauan Pustaka

Fatigue can be caused by overwork, prolonged physical and mental activity, lack of rest, high stress or a combination of these factors. Work fatigue is caused by tiring and energy-draining activities, thereby reducing human alertness and response to stress. Anxiety is a common emotional disorder characterized by deep and persistent fear or worry, but without any disturbance in the assessment of reality. A nurse is someone who has graduated from a nursing school, both inside and outside of school, in accordance with the provisions of applicable laws and regulations. This article provides an explanation of work fatigue, anxiety and determines the relationship between anxiety and work fatigue specifically for nurses who work in hospitals. This research uses a qualitative approach research methodology by collecting data using structured interviews with 2 research subjects, namely nurses in the Emergency Department and Inpatient Installation who work in private hospitals in Wonogiri Regency accompanied by a literature review based on the literature. Based on literature sources, it was found that high work fatigue can cause an increased risk of anxiety disorders up to 2.7 times higher compared to subjects with lower work fatigue. From the results of interviews with the 2 research subjects, it was found that the level of work fatigue was positively related to anxiety, meaning that the higher the level of work fatigue based on the scoring of the Job Fatigue Measuring Tool Questionnaire (KAUPK2), the higher the anxiety level score based on the Hamilton Anxiety Rating Scale.

Evaluating Rural Land Administration Institutional Efficiency from Modern Land Administration Systems Perspective: In Case of Awi Zone, North-Western Ethiopia

This study is aimed to evaluate the institutional efficiency of rural land administration from the perspective of modern land administration systems in Awi zone Amhara region Ethiopia. The study employed a mixed research approach to evaluate the efficiency of rural land administration. Moreover, the study used various data collection tools such as questionnaires, interviews, focus group discussion, observation, and document review to acquire relevant data. The study pursued the influence of explanatory variables namely legal framework, digitalization, valuation and compensation, good governance, data quality, capacity building, and customer satisfaction on the efficiency of rural land administration. Furthermore, descriptive and inferential statistics were used to analyze quantitative data. Consequently, the study found that the legal framework and customer satisfaction are the most significant factors that affect the efficiency of rural land administration. However, the study finding revealed that lack of clear and uniform legislations and service delivery negatively affected the success of rural land administration. Thus, the prospects to assure efficient rural land administration are provision of unambiguous laws, delivering services impartially, and providing capacity-building training for experts are suggested as a vital to implement modern land administration systems to modern society.

The Situation of the Jordanian Legislator from the Interpretation of the Judicial Judgment

Study aims to discuss regulating the provisions of judicial judgments interpretation in Jordanian law regarding the practical necessity in making the ambiguous judgments issued by the court enforceable. As well as the provision in the execution law obliges the chief executive officer to request clarification from the court (issued the judgment) due to its ambiguity, which does not replace the importance of regulating this issue in the Jordanian Code of Civil Procedure. The researcher concluded that the regulation of the provisions of judicial judgments interpretation in Jordanian Civil Code, which is tainted with ambiguity, must include granting the right to request interpretation to the litigants and to the court (issued the judgment). It shall also include provisions of the ruling interpretation and grant the right to the litigants and the court in requesting the interpretation. So that the court shall always be competent to request the interpretation, if it has to comply with the interpretation regulations in order not to abuse the authority in interpreting in a way that makes its judgment subject to appeal. The researcher also discusses the importance of determining the procedures that shall be followed to submit the interpretation request; moreover, the researcher concludes the impact of appealing the original judgment issued by the court.

Penundaan Berlarut (Undue Delay) Penanganan Perkara Dugaan Tindak Pidana Penghalang-Halangan Dan Kekerasan Kepada Kerja Pers: Sebuah Tinjauan Kritis

Guaranteeing rights to press freedom does not only lie in the existence of laws and regulations to protect it and institutions that specifically implement, it but also in certainty in law enforcement. One of the components of press protection is legal certainty in the investigation and/or inquiry process by the Indonesian National Police (Polri). One of the problems in the law enforcement process is protracted delays, also known as undue delays. According to the Ombudsman Regulation No. 26 of 2017, Article 11 regulates that one form of maladministration is protracted delays where services are provided beyond the time quality standards of the service promise. Based on a report by the Legal Aid Center for the Press, from 2020 to 2022, there were nine cases of suspected criminal acts against the Press that were suspected of undue delay or protracted processes. Based on the report and the pattern of these cases, five were physical attacks where the perpetrators were suspected to have come from law enforcement officers themselves, and the other four were cyber attacks. The research aims to find the cause of this problem, which lies in the provisions of the relevant laws and regulations and at the practical implementation level.

Pertimbangan Hukum Majelis Pengawas Daerah (MPD) Kota Palangka Raya dengan Majelis Pengawas Wilayah (MPW) Provinsi Kalimantan Tengah dalam Memutuskan suatu Perkara di Wilayah Kalimantan Tengah

The purpose of this study is to determine and examine the authorities to hold and/or conduct examinations of notaries who commit violations, both in the form of the Notary Code of Ethics and provisions in applicable laws and regulations. The first research result: Supervision carried out by the Notary Supervisory Board to prevent violations of the Notary's position is carried out by holding seminars on notary affairs, holding meetings once a month attended by the Regional Supervisory Board to provide direction to implement the UUJN and Code of Ethics and Notaries are required to continue to increase their insight into notary affairs, and the Regional Supervisory Board visits the Notary's office at least once a year to check the Notary's protocol. Second: there is no difference at all between the Notary Supervisory Board and the Notary's Honorary Council because basically preventive supervision is preventive or mitigating so that violations of the Notary Code of Ethics and the Notary's position authority do not occur. Furthermore, regarding the differences in reports from the public addressed to the Notary Supervisory Board and the Notary Honorary Council, there is no difference at all, so if the public reports to one of these organizations, it is possible, but it will be followed up by the authorized organization because it concerns the sanctions that will be given.

Village Expansion in Indramayu Regency: Case Study of Village Expansion in Kalimati Village, Jatibarang District, Indramayu Regency

The study of policy implementation regarding village expansion is an important aspect to know. This research is to determine the process of village expansion in Kalimati Village, Jatibarang District, Indramayu Regency. The process of expanding Kalimati Village, Jatibarang District in this research is the process of expanding one village into two villages. The main village that was expanded was Kalimati Village, Jatibarang District, while the planned village results that were expanded were Prupugan Village, Jatibarang District, which was previously called the Prupugan Block, Kalimati Village, Jatibarang District. The process of expanding Kalimati Village, Jatibarang District, which is viewed from the aspects of planning, organization, movement/implementation and supervision in general, has been implemented in accordance with the provisions of applicable laws and regulations. The village expansion process has been running since the end of 2006, however, due to the results of the village expansion, until now the Indramayu Regency Government has not given clear status, namely whether the village has been expanded or not expanded.

Right To Health in Malaysia. Do We Have It?

The Malaysian Constitution does not guarantee the right to health. The notion of thought that there is a default right to health lies in the expressive interpretation of right to life in the Federal Constitution. This article explores the right to health beyond its pedagogical principle by analyzing the Federal Constitution in-depth, and examine the applicability in modern clinical practice and how human rights are applied and read in law practice by reviewing previous case laws pertaining health related issues. In Malaysia, it is noted that the default formulation in the right to life is broad and ambiguous. It contains a voluminous number of rights in a single provision, and the paucity in the definition causes confusion in Court on which provision of law should be based on. Right to health remains poorly adopted in this country.

Seasonal Patterns of Living Kidney Donation in the United States From 1995 to 2019.

The number of living kidney donors in the United States has declined since 2005, with variations based on the donor-recipient relationship. The reasons for this decline are unclear, and strategies to mitigate declined donations remain elusive. We examined the change in donor number monthly (within-year) versus annually (between-years) to inform potentially modifiable factors for future interventions. In this registry-based cohort analysis of 141759 living kidney donors between 1995 and 2019, we used linear mixed-effects models for donor number per month and year to analyze between-year and within-year variation in donation. We used Poisson regression to quantify the change in the number of donors per season before and after 2005, stratified by donor-recipient relationship and zip-code household income tertile. We observed a consistent summer surge in donations during June, July, and August. This surge was statistically significant for related donors (incidence rate ratio [IRR] range: 1.12-1.33) and unrelated donors (IRR range: 1.06-1.16) across donor income tertiles. Our findings indicate lower rates of living kidney donation in non-summer months across income tertiles. Interventions are needed to address barriers to donation in non-summer seasons and facilitate donations throughout the year. Since the Organ Donor Leave Law provides a solid foundation for supporting year-round donation, extending the law's provisions beyond federal employees may mitigate identified seasonal barriers.

Correlation of certain provisions of the criminal law with the principles of law

The article is devoted to the study of the issue of introduction of absolutely definite sanctions in the law on criminal liability, the reasons and prerequisites which contributed to their emergence, and the correlation of such changes with the principles of law. The Law of Ukraine «On Amendments to the Criminal Code of Ukraine on Strengthening Liability for Crimes Against the Fundamentals of National Security of Ukraine in the Conditions of Martial Law» of March 3, 2022, amended the law on criminal liability and strengthened liability under Articles 111 and 113 of the Criminal Code of Ukraine, which provide for liability for high treason and sabotage by applying absolutely certain sanctions. In the context of the issue raised, the authors also examine the current practice of law enforcement in the form of decisions of the Constitutional Court of Ukraine and the European Court of Human Rights on similar issues through the prism of the principles of law. According to the provisions of the criminal law theory, a sanction is a part of a rule of law which contains instructions on the legal consequences of violation of a rule set forth in a disposition. The purpose of a sanction is to create certain unfavorable consequences for the offender or incentives for the subjects who comply with the governmental order. The types of sanctions include: by the degree of certainty: 1) absolutely certain – clearly define the type and extent of legal liability; 2) relatively certain – the limits of legal liability are determined from minimum to maximum or only to maximum. An absolutely definite sanction is a type of sanction in a criminal law provision that establishes a single type and amount of punishment. With the adoption of the new law on criminal liability in 2001, the legislator completely abandoned this type of sanction, which enabled courts to exercise discretion in passing sentences based on the results of each criminal proceeding. In the article, the authors reflect and substantiate the assertion that in the sanctions of the articles under consideration, alternatives to imposing punishment for the specified criminal offenses in the form of life imprisonment as the most severe punishment currently available in the law can only formally be considered an alternative to imposing a punishment of 15 years of imprisonment. A formal approach to the issue of sentencing a person who has committed a criminal offense not only makes it impossible to individualize responsibility, but also to demonstrate to society the principle of justice in sentencing.

Тенденції розвитку законодавства та доктрини приватного права про підприємницькі юридичні особи

The scientific article raises the question of outlining the direction of development of civil and corporate legislation of Ukraine regarding legal entities in general and business, in particular. The definition of legal forms of legal entities in the light of the recodification of the Civil Code of Ukraine. The author of the article supports the idea laid down in the Concept of updating the Civil Code of Ukraine in the part that the legal regulation of organizational and legal forms should be developed in the direction of a closed list of organizational and legal forms of legal entities– societies and institutions. The need to systematize those legal entities that are part of the legal form of «institution» is emphasized, because institutions, funds, and individual legal entities of public law operating in the legal form of the institution differ in their legal status and are not sufficiently regulated today. It is concluded that it is necessary to strengthen the role of the Civil Code of Ukraine in determining the legal status of legal entities of public law by enshrining in the Code norms that would indicate the fundamental nature of the provisions of private law in regulating the organizational and legal forms of legal entities of public law. It is noted that the basis of understanding the concept of an entrepreneurial legal entity are two criteria: activities for profit and its subsequent distribution between participants; the emergence of the founders of a special type of property and personal rights, which are called corporate rights. It is indicated on the need to distinguish between corporate and membership legal relations arising in entrepreneurial and non-entrepreneurial societies. In the article, due to the application of the criterion of «degree of completeness of rights», it was concluded that there are no grounds for identifying membership and corporate legal relations. The content of membership rights in non-entrepreneurial societies is non-property rights, that is, one of the elements of the corporate rights of participants in entrepreneurial societies. Certain property interests, if any, arise in non-entrepreneurial societies, as a general rule, fit into the design «not to get more than invested». It also emphasized the need to improve Art. 961 of the Civil Code of Ukraine regarding the definition of corporate rights, the need to determine the degree of detail of regulation of entrepreneurial legal entities at the level of the Civil Code of Ukraine, in particular in terms of returning to the structure of the Civil Code of Ukraine the norms on joint-stock companies and limited and additional liability companies.