Law Relationship Research Articles

Signs of the subjective side of murder as a typical legal construction

The basic law of our state enshrines the conceptual provision, according to which human rights and freedoms and their guarantees determine the content and direction state activities. And therefore the protection of a person from criminal offenses, the protection of his rights, freedoms and legitimate interests is one of the most important tasks of state policy. One of the most important issues in the application of the criminal law is the definition of which one the criminal offense was committed by a person and under what criminal law the offense is foreseen. This issue is resolved in the process of criminal qualification Offenses Demarcation of the components of individual criminal offenses is important significance in the process of carrying out criminal-legal qualification. Meaning of legal practices, precedents and doctrines of criminal law for proper qualification criminal offenses are difficult to overestimate. The subjective side of criminal offenses (crimes, criminal misdemeanors) is an important part application of the law on criminal liability. The demands of today require a clear understanding of the theory of the subjective side of the criminal offense and practice. The modern stage of the development of the domestic science of criminal law and process determines the need for further research of scientific views on the theory of qualification criminal offenses and their successful application by law enforcement agencies, which will unconditionally contribute to the correctness and unity of judicial practice in solving tasks criminal proceedings. At the same time, ensuring the unity of practice is implementation the principle of legal certainty, which is embodied in compliance with general principles criminal proceedings established in Art. 7 of the Code of Civil Procedure, by means of the same application specific rule of law in similar legal relations. Correct qualification of a criminal offense for a committed socially dangerous act is mandatory a condition for the administration of justice in accordance with the law and one of the guarantees of compliance the convention requirement of the human right to a fair trial, provided for in Article 6 of the Convention on the protection of human rights and fundamental freedoms of 1950. Key words: murder, subjective side of criminal offenses (crimes, criminal misdemeanors), theory of qualification of criminal offenses, qualification criminal offenses on subjective grounds, court practice.

Temporal And Spatial Competition Of Criminal Law Norms In The Crime Classification Process

Overcoming the collision of criminal law norms is an important issue in the crime classification process. The principles of criminal law oblige to accurately investigate the criminal conduct and to impose an appropriate criminal liability against those who committed the crime. Addressing the issue, however, remains a rather complex matter due to a series of objective and subjective circumstances. The collision of criminal law norms is an encompassing phenomenon that is present in the entire process of the development of criminal law relations – from the fact of committing the crime to the removal or nullification of the criminal record. The objective of the following article is to comprehensively investigate the issues related to the temporal and spatial competition of criminal law norms within the scope of crime classification process. The subject of the study was examined with the use of general and special scientific methods, such as dogmatic, comparative legal, logical and legal modelling. On the basis of the conducted research the article presents practical-scientific recommendations related to the crime qualification process in view of competition of criminal legal norms that exist at different periods of time (temporal competition), as well as the competition of criminal law norms of the Republic of Armenia with foreign and international legal norms (spatial competition).

Custom as a Source of Russian Civil Law

In this paper, the author explores the historical significance and complexity of legal customs in the formation of legal systems. The paper analyzes the evolution of a custom from the primary sources of law in ancient societies to its modern status, where their role, although important, is subject to certain limitations, is analyzed.The paper highlights the understanding and application of the term «custom» in the context of modern civil legislation of the Russian Federation with an emphasis on the changes that occurred after the legislative reform of 2012. The study examines various fields of application of customs. Special attention is paid to the analysis of the role and place of international trade custom in civil law relations in the Russian Federation. Based on the opinions of experts and considering in detail the judicial practice of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, the author concludes that international trade custom is a source of law, and it also falls under the concept of «custom» within the framework of Article 5 of the Civil Code of the Russian Federation. The study emphasizes the oral nature of a custom as a source of law, while not neglecting the importance of informal written forms such as Incoterms and UNIDROIT, as well as standard contracts Special attention is paid to the debatable topic of the relationship of customs with imperative and dispositive norms of legislation, as well as their place in the structure of the Civil Code of the Russian Federation. The author highlights the problem of insufficient legislative regulation of customs and calls for their further research and systematization as a critically important element of the legal system.

International Law (SDG'S): Regulation of Conflicts and International Relations

Objective: This research aims to explore effective systems for managing international conflicts and optimizing the global security framework amidst escalating military confrontations and worsening economic and environmental challenges worldwide. Theoretical Framework: The study delves into the integration of legal frameworks within nations engaged in hostilities, examining key institutions influencing the regulation of international conflicts. Method: Utilizing qualitative and quantitative approaches, the research scrutinizes scholarly publications, evaluates prevailing strategies employed by states in conflicts, and assesses major geopolitical entities' support for such conflicts. It synthesizes insights from diverse disciplines, including international law, political science, and international relations. Results and Discussion: Case studies of conflicts in Ukraine and Israel underscore the complexities of applying international law to contemporary conflicts. The study highlights the need to reform the legal framework of international organizations like the European Union to enhance conflict management efficacy. It emphasizes the importance of interdisciplinary research in developing more effective legal frameworks and strategies for conflict resolution and peacekeeping. Research Implications: This research contributes to understanding the dynamic interplay between law and politics in conflict resolution. Originality/Value: This research identifies areas for further research, including the role of international organizations in peacekeeping and the intersection of conflict regulation with other branches of international law.

Assessing Subsurface Gas Storage Security for Climate Change Mitigation and Energy Transition

AbstractSubsurface gas storage is crucial for achieving a sustainable energy future, as it helps to reduce CO2 emissions and facilitates the provision of renewable energy sources. The confinement effect of the nanopores in caprock induces distinctive thermophysical properties and fluid dynamics. In this paper, we present a multi‐scale study to characterize the subsurface transport of CO2, CH4, and H2. A nanoscale‐extended volume‐translated Cubic‐Plus‐Association equation of state was developed and incorporated in a field‐scale numerical simulation, based on a full reservoir‐caprock suite model. Results suggest that in the transition from nanoscale to bulk‐scale, gas solubility in water decreases while phase density and interfacial tension increase. For the first time, a power law relationship was identified between the capillary pressure within nanopores and the pore size. Controlled by buoyancy, viscous force and capillary pressure, gases transport vertically and horizontally in reservoir and caprock. H2 has the maximum potential to move upward and the lowest areal sweep efficiency; in short term, CH4 is more prone to upward migration compared to CO2, while in long term, CH4 and CO2 perform comparably. Thicker caprock and larger caprock pore size generally bring greater upward inclination. Gases penetrate the caprock when CH4 is stored with a caprock thickness smaller than 28 m or H2 is stored with a caprock pore size of 2–10 nm or larger than 100 nm. This study sheds light on the fluid properties and dynamics in nanoconfined environment and is expected to contribute to the safe implementation of gigatonne scale subsurface gas storage.

Experience and Enlightenment of Russian Water Right System

This article provides a comprehensive overview of Russia's water resources, their development and utilization status, as well as the water rights system and related laws and regulations. It begins by detailing the abundant rivers, lakes, and groundwater resources in Russia. The analysis highlights that Russia has a high proportion of industrial water use, advanced water recycling technology, and significant water storage capacity in numerous reservoirs. The article also delves into the main contents of the Russian Federation Water Law, covering ownership and usage rights of water resources, and the legal responsibilities for water protection and management. Finally, it summarizes the experiences and insights from Russia's water rights system, emphasizing the importance of integrated basin management, clear water rights ownership, and the establishment of a comprehensive legal framework.

Fracture properties of ultra-thin friction course mixture containing reclaimed asphalt pavement and glass fiber under monotonic and cyclic loading

Ultra-thin friction courses (UTFC) have demonstrated exceptional efficacy in the preventive maintenance of asphalt pavements. Despite this, research into the influence of reclaimed asphalt pavement (RAP) and glass fiber on the fracture behavior of UTFC mixtures under cyclic loading is sparse. In response, this study conducted both monotonic loading tests and tension cyclic loading tests on notched semi-circular specimens at a temperature of 25 °C to elucidate the impact of RAP and glass fiber on UTFC’s fracture resistance. The findings revealed that, during monotonic testing, the introduction of RAP appeared to bolster mechanical performance by increasing peak load and tensile stiffness index (TSI). However, RAP diminished the fracture energy, with the concurrent addition of RAP and glass fiber resulting in further compromise to fracture resistance. Conversely, in the cyclic loading tests operated under load control, the integration of RAP positively influenced fatigue life. Furthermore, the addition of 0.1 % glass fiber (identified as H-25R-0.1F) also improved fatigue life, highlighting its beneficial role in augmenting fatigue endurance. When compared to the mixture devoid of RAP, the inclusion of 25 % and 50 % RAP led to substantial increases in cumulative dissipated energy by 101 % and 398 %, respectively. These results suggest that both RAP and glass fiber have nuanced effects on the fracture and fatigue properties of UTFC mixtures, with potential implications for their application in roadway construction and rehabilitation. Minimum rate of cumulative dissipated energy change (RCDEC_min) could be used to characterize the fatigue performance. The lower the RCDEC_min, the larger the fatigue life. There existed a power law relationship between RCDEC_min and fatigue life, which was independent of the mixture type. Compared to the cumulative dissipated energy method, the maximum displacement method may be more suitable to characterize the damage evolution during the fatigue test.

Hazardous High-Energy Seismic Event Discrimination Method Based on Region Division and Identification of Main Impact Factors: A Case Study

An investigation of risk factors has been identified as a crucial aspect of the routine management of rockburst. However, the identification methods for principal impact factors and the examination of the relationship between seismic energy and other source parameters have not been extensively explored to conduct dynamic risk management. This study aims to quantify impact risk factors and discriminate hazardous high-energy seismic events. The analytic hierarchy process (AHP) and entropy weight method (EWM) are utilized to ascertain the primary control factors based on geotechnical data and nearly two months of seismic data from a longwall panel. Furthermore, the distribution law and correlation relationship among seismic source parameters are systematically analyzed. Results show that the effect of coal depth, coal seam thickness, coal dip, and mining speed covers the entire mining process, while the fault is only prominent in localized areas. There are varying degrees of log-positive correlations between seismic energy and other source parameters, and this positive correlation is more pronounced for hazardous high-energy seismic events. Utilizing the linear logarithmic relationship between seismic energy and other source parameters, along with the impact weights of dynamic risks, the comprehensive energy index for evaluating high-energy seismic events is proposed. The comprehensive energy index identification method proves to be more accurate by comparing with the high-energy seismic events based on energy criteria. The limitations and improvements of this method are also synthesized to obtaining a wide range of applications.

Agreement on customs value determination as an instrument of customs regulation

The article considers the tools of customs and tax regulation in the Russian Federation, in particular in the sphere of pricing for taxation purposes and control over the customs value of goods imported into the customs territory of the Eurasian Economic Union. Given the complexity of the process of reviewing draft pricing agreements, as well as the frequency of movement of different goods across the customs border by one supplier or the identity of the transported goods of several suppliers, it is assumed that one of the tools of customs regulation is a customs value agreement. Such agreements can simplify the procedure of moving goods across the customs border of bona fide participants of foreign economic relations. The topic under study requires further development and analysis of the current national legislation in order to form theoretical and legal approaches to such an instrument of customs regulation, including in the aspect of establishing, regulating and determining the procedure for exercising the powers of customs authorities when concluding agreements with participants in foreign economic activity. According to the author’s position, the development of draft agreements selected for the study and their basic conditions can condition the emergence of other tools of customs regulation, ensuring the penetration of some concepts and tools of private law in public-law relations.

CHERISHING CUSTOMARY LAW: THE DISPARITY BETWEEN LEGISLATIVE AND JUDICIAL INTERPRETATION OF CUSTOMARY MARRIAGES IN SOUTH AFRICA

The constitutional recognition of customary law in South Africa has opened a new conduit for the development of customary law. With the courts taking the lead in addressing customary law disputes, the interpretation of customary law has come with setbacks. This article argues that the development and reform strides made by the judicial and legislative institutions appear of modest benefit to the people they strive to protect, advance and regulate, especially during interpretation and reform. The article seeks to confront the judicial interpretation of customary law based on the recent High Court case of Sengadi v Tsambo. The court had to consider an application for four types of relief. The court deviated from the factual nature of customary law in relation to a spouse’s burial rights when it concluded that a valid customary marriage and all the validity requirements outlined under the Recognition of Customary Marriages Act had been met. Indicating the factuality of customary law when it relates to marriage and its link to burial rights, “that a male descendant of the household belongs to his paternal family, his place and existence being one with his paternal roots. His right to belong to his paternal family is absolute and customary.” The above ignored, yet crucial cultural practice informs the interpretation of customary law under the constitutional guise. The Constitution affirms the right to practise and observe one’s culture. In Sengadi v Tsambo, to determine the burial rights of a spouse, the court employed a narrow and strict interpretation instead of interpreting the cultural practice of bridal integration against a holistic customary background. The article advocates for courts to adopt purposive interpretational approaches in reforming customary law. It emphasises for the consideration of the interpretational rules and theoretical frameworks proposed by legal scholars to reflect the factual nature of customary law. As the positivist approach to customary law undermines the pluralistic nature of the South African legal system. The article pioneers for the recognition of living customary law as holistic, and an integral normative system of indigenous people of South Africa, while taking into account the history and context of this legal system.

Administrative Contract in Administrative Matters

Administrative contracts are also known in Slovenian law, where they are mainly used as an instrument to regulate in more detail the (previously issued) administrative act, and generally cannot replace the issuance of an administrative act. Namely, the General Administrative Procedure Act only provides for settlement between parties with opposing (private law) interests. However, the elements of administrative contracts as an ADR mechanism can be found in other (sectoral) legislation, but are often very deficiently regulated, leading to the application of private law rules that govern contractual relations and which are not adapted to administrative law relations. Given all the advantages of alternative dispute resolution and shortcomings of the current legal framework, Slovenian law should also – while respecting all the specific features of administrative decision-making and following the example of selected comparative-law regimes – systematically regulate subordinate administrative contracts (replacing administrative acts), at least for some administrative matters. They should be limited only to those areas of administrative functioning where the administration has a certain margin of discretion in determining the content of the decision on the administrative matter. This means, on the other hand, that the possibility of a subordinate administrative contract should normally be excluded in the case of legally binding decision-making since the content of such a decision is predetermined and the administrative authority is bound by it (principle of legality). However, the administrative authority must have a specific power to conclude such a contract in a (sectoral) law – a general power to conclude subordinate administrative contracts is not sufficient due to the risk of infringing the principle of equality and legality.

MODERNISING PAKISTAN’S SHIPPING REGULATIONS AND TRADE FACILITATION AUTHORITIES UNDER CONVENTION ON THE FACILITATION OF INTERNATIONAL MARITIME TRAFFIC 1965

A developing maritime economy like Pakistan can greatly benefit from the comprehensive framework of standards, guidelines, and recommended practices provided by the modern and comprehensive provisions of the Convention on the Facilitation of International Maritime Traffic 1965 (FALC). This study’s objective is to analyse the FALC’s legal provisions and Pakistan's domestic maritime law in relation to ship and port juncture activities in order to make recommendations for updating the country's current statutory rules and regulations in line with international standards, conventions and practices. According to the study, the FALC has significantly facilitated international maritime traffic through the harmonisation and standardisation of its port and shipping procedures. Following the FALC's and the facilitation committee's approved guidelines will improve Pakistan's overall competitive standing as an emerging regional shipping hub, especially under the long term plan for China Pakistan Economic Corridor. Furthermore, it will also allow Pakistan to sustainably transform into a significant maritime transit trade centre in the Western Indian Ocean Region.

The European far right and human rights language

ABSTRACT In recent years, the European far-right movements have increasingly employed the language and terminology of human rights, even though resistance towards international influences continues to be one of their most consistent traits. The purpose of this article is to analyse how authors in the European far right use human rights language and concepts and what it reveals of their views on human rights. In this analysis, based on publications by major European parties, organisations, and activists in the far-right movement mainly in France, Germany and Finland, we argue that while the use of human rights language is primarily instrumental, it also utilises surprising remnants from the history of human rights thought, such as the relative natural law theory. In many cases, the observed uses are thinly veiled attempts to pass racism as legitimate rights claims, but others are more creative, for example when the criticism of Western bias in human rights is turned into an argument for white supremacy, repurposing the language of minority protections.

Bioethical assessment of embryo donation for research

Background: The present study aims to assess, from the bioethical tool, the use of embryos for scientific research and its impact on society. The research question is posed: "What bioethical aspects are related to the donation of excess embryos from cryopreservation laboratories?". The secondary objectives include determining the level of knowledge of the population about assisted reproduction techniques, identifying knowledge about the possible destinations of cryopreserved embryos and evaluating the positioning capacity of the population regarding ethical and moral issues. Methods: Observational study of a statistical nature through a questionnaire with relevant questions on the subject of bioethics in the investigation of surplus embryos from cryopreservation. The study population was composed of people of different sex and age, who are interested in gynecology issues. Results: The survey reveals that 55.8% knew about assisted fertilization techniques, 80.8% knew what IVF was, 69.2% were unaware of related laws, 84.6% understood informed consent in cryopreservation , 46% would not sign a long-term consent, 80.4% knew about cryopreservation, 82.7% support embryo freezing, 72.5% support embryo research, and there are divided opinions about its status : 60.8% cells, 51.9% human beings. Conclusion: The survey reveals that the participants have a general knowledge about assisted fertilization techniques and support the cryopreservation of embryos for research. However, there is a lack of knowledge about the laws that govern these techniques. Opinions are also divided on the nature and status of the frozen embryos. These results are relevant for the ethical debate and the regulation of practices related to embryos.

Observable Atrial and Ventricular Fibrillation Episode Durations Are Conformant With a Power Law Based on System Size and Spatial Synchronization.

Atrial fibrillation (AF) and ventricular fibrillation (VF) episodes exhibit varying durations, with some spontaneously ending quickly while others persist. A quantitative framework to explain episode durations remains elusive. We hypothesized that observable self-terminating AF and VF episode lengths, whereby durations are known, would conform with a power law based on the ratio of system size and correlation length ([Formula: see text]. Using data from computer simulations (2-dimensional sheet and 3-dimensional left-atrial), human ischemic VF recordings (256-electrode sock, n=12 patients), and human AF recordings (64-electrode basket-catheter, n=9 patients; 16-electrode high definition-grid catheter, n=42 patients), conformance with a power law was assessed using the Akaike information criterion, Bayesian information criterion, coefficient of determination (R2, significance=P<0.05) and maximum likelihood estimation. We analyzed fibrillatory episode durations and [Formula: see text], computed by taking the ratio between system size ([Formula: see text], chamber/simulation size) and correlation length (xi, estimated from pairwise correlation coefficients over electrode/node distance). In all computer models, the relationship between episode durations and [Formula: see text] was conformant with a power law (Aliev-Panfilov R2: 0.90, P<0.001; Courtemanche R2: 0.91, P<0.001; Luo-Rudy R2: 0.61, P<0.001). Observable clinical AF/VF durations were also conformant with a power law relationship (VF R2: 0.86, P<0.001; AF basket R2: 0.91, P<0.001; AF grid R2: 0.92, P<0.001). [Formula: see text] also differentiated between self-terminating and sustained episodes of AF and VF (P<0.001; all systems), as well as paroxysmal versus persistent AF (P<0.001). In comparison, other electrogram metrics showed no statistically significant differences (dominant frequency, Shannon Entropy, mean voltage, peak-peak voltage; P>0.05). Observable fibrillation episode durations are conformant with a power law based on system size and correlation length.

GEORGIAN COMPETITION LAW IN THE DIGITAL AGE – GEORGIAN PRACTICE AND EXISTING CHALLENGES

The article identifies, systematizes the decisions taken by the Georgian Competition and Consumer Agency regarding digital markets/competition and reviews the practices established by the Agency based on the said decisions. The introduction of the article highlights the significant challenge of modern competition law, which implies that competition law does not exist independently of era and context, and it is important that competition law and its enforcement mechanisms function effectively in the conditions of the modern digital economy. The article then defines the digital economy and describes two of its key features, (big) data and digital platforms. A number of theoretical problems are then mentioned which may hinder the effective enforcement of competition law in relation to similar economic agents/markets. The main part of the article will concern the review of the decisions made by the Competition Agency in relation to online markets and digital platforms. Since there are currently no special legislative or by-law norms necessary for the effective enforcement of competition law in the digital age, the Competition Agency is guided by the general legislative framework regulating competition law to resolve similar issues. The analysis of the decisions revealed that the practice of the Agency develops in the direction of only two: (I) unfair competition (II) agreements restricting competition, and currently there is no, for example, a decision of the Competition Agency regarding the abuse of a dominant position by digital platforms.

Examination of environmental legislation (related administrative law and some criminal and civil law) and sanctions for illegal waste dumping in the V4+ countries (Czech Republic, Poland, Hungary, Slovakia and Slovenia)

Illegal dumping of waste is a high-profile environmental problem today. In order to address these challenges, cooperation and information exchange between the Visegrad Group (V4) countries and Slovenia (V4+) is vital. This study, which examines the regulatory mechanisms in the V4+ countries to combat illegal dumping, seeks to understand the environmental practices and legal frameworks related to this issue. The V4+ countries – the Czech Republic, Poland, Hungary, Slovakia and Slovenia – face similar challenges in the area of illegal waste management. The study seeks to highlight the common cultural, historical and legal backgrounds binding these countries together, providing an ideal basis for cooperation and exchange of experiences. The analysis is accompanied by a detailed comparison of the environmental legal frameworks, criminal sanctions and enforcement mechanisms operational within the V4+ countries. Apart from analysing the specificities and strengths of each country, it focuses on the methods that have proved more effective in tackling the illegal waste problem. The document also highlights the importance of strengthening cooperation between the V4+ countries. By exchanging information and sharing best practices, countries in the region can apply tried and tested solutions. The document aims to promote enhanced regional cooperation as a catalyst for sustainable environment and waste management.

Legal regulations and sanctions related to the illegal dumping of waste in Polish environmental law

This paper concerns legal regulations and sanctions regarding the illegal dumping of waste in environmental law in Poland. First, introductory remarks are presented, including an outline of the status of Poland’s implementation of EU instruments through national law. This section of the paper concludes with an overview of the basic legal acts that are applicable in Poland, to illustrate the legal spectrum of this topic (related administrative law norms and certain criminal and civil law rules). Second, considerations regarding permits for the transportation and processing of waste are discussed; this section includes relevant administrative provisions applicable in Poland. Third, legal regulations concerning administrative control are presented; in particular, this section pays special attention to control in the context of issuing permits as well as field inspections independent of this process. Fourth, civil liability is addressed. Fifth, provisions of criminal law are discussed, including penal code provisions, extra code provisions, and provisions related to administrative fines. Finally, the paper concludes with a concise summary.

디지털 의료기기의 등장에 따른 법적 문제와 법제 개선에 관한 연구

This study aims to review and improve the current legal issues related to the emergence of Digital Therapeutics. First, we reviewed the scope of the Game Industry Promotion Act (Game Industry Act) and what regulations are made under the Game Industry Act. In particular, the scope of application of the Game Industry Act is the same as whether or not a game falls under Article 2(1) of the Game Industry Act, and we found that the concept of a game is used in a broad sense both in literature and in practice. In other words, there have been precedents in which content in the field of education and video, which has not traditionally been considered a game, that uses VR technology or has a game nature, has been considered a game under the Game Industry Act. In addition, after reviewing the concept of Digital Therapeutics and examining related laws such as the Digital Medical Products Act, we found that some of the Digital Therapeutics use VR technology or take the form of a game, so there is room for them to fall under the Game Industry Act, but there is no discussion of game products in the legal discussions related to Digital Therapeutics. Therefore, in order to ensure that Digital Therapeutics with game characteristics are appropriately regulated in the Korean legal system, it is necessary to introduce a new concept of 'Digital Therapeutics game product' in the Digital Medical Products Act, establish a classification system that considers the characteristics of both Digital Therapeutics and game products, and provide special provisions. In addition, it suggests that improvements should be made to medical treatment benefits and telemedicine related to digital medical device games.

Humour and Intellectual Property Law

This article discusses the issue of humour in the context of intellectual property law,with a focus on parody in trademark law. Parody is a form of humorous expressionthat is generally protected by freedom of expression. Although copyright law hasa statutory exception for caricature, parody, and pastiche, no such exception existsin trademark law. Therefore, parody must be treated differently in this area of law.The article first introduces the legal position of parody and discusses the assessmentof parody in both copyright and trademark law in the EU and Czech law. Then itexamines the peculiarities of the trademark law approach and with the help of Germanlandmark cases, highlights the possibilities for the treatment of trademark parody inthe Czech Republic. The outcomes may apply to closely related laws throughoutthe EU territory.