Law Science Research Articles

Теоретичне підґрунтя організації екологічного підприємництва в контексті концепції сталого розвитку

The article is devoted to an in-depth study of scientific approaches and laws of the organization of ecological entrepreneurship. The relationship between the provisions of the concept of sustainable development and the need to organize ecological entrepreneurship and economy with the natural environment is outlined. The possibilities of business in the green economy regarding the formation of the effect, the creation of “ecological business” taking into account the concept of sustainable development are substantiated. The author sets tasks that must be solved in the development of ecological concepts related to ecological and economic problems. The author's vision of the concept of “ecological entrepreneurship” is presented in the context of scientific consideration of ecological and economic tasks based on the innovation process and aimed at protecting the ecosystem and people. The author recommends determining the essence of “ecological entrepreneurship” using ecosystem, eco-innovation, organizational, standardization and global approaches. The author of the article proposed an adapted organizational base for evaluating the structure, processes, influencing factors and effectiveness of the development of ecological entrepreneurship. According to the author, the development of ecological entrepreneurship is a global challenge, therefore it is necessary to focus on supporting the integrity of the economic and ecological system by developing and implementing effective measures for organizing and conducting business without harming the environment. The development of ecological entrepreneurship can become a guide on the way to sustainable economic development of the country as well as of the most countries of the world.

The Concept of ‘Militant Democracy’ in the Context of Russia’s Armed Aggression Against Ukraine

Background: The fall of a dictatorship is accompanied by a period of democratic transit, which necessitates the use of special measures to protect a young and, thus far, unstable democracy. This model’s use began in practice after the Second World War in connection with the spread of the doctrine of "democracy capable of defending itself," also known as militant democracy (English) or Wehrhafte (Streitbare) Demokratie (German). The flagship here was the German science of constitutional law, which formed the tools for the creation of a new legal system accounting for the mistakes of the Weimar Republic. This experience is especially relevant for Ukraine, as since 2014, it has faced external armed aggression by revanchist forces that took power from the heir of the Soviet empire, Russia, in which a totalitarian regime was established and became a full-fledged aggressor state. Methods: The following methods were used in the work to study the concept of militant democracy in the conditions of Russia's armed aggression against Ukraine. The system multi-structural method was utilized to discover the means of militant democracy in Ukraine (ban of political parties, lustration, etc.), as well as problems associated with the use of certain militant democracy means. The logical-legal method made it possible to identify the essence of the decisions of the constitutional, supreme, and other courts, the decisions of the European Court of Human Rights, in which the means of militant democracy were used or the legality of their use was assessed (legality, constitutionality, or compliance with the European Convention on Human Rights). The comparative method justified the implementation of different countries’ experience (primarily, European) in reforming the constitutional and legislative regulation of the militant democracy in Ukraine and the mechanisms required for further action. Results and Conclusions: The work contains proposals for the constitutional and legislative improvement of the regulation of the means of militant democracy in Ukraine, which are based on the pre-existing experiences across the world and the use of already existing practices that have been successfully tested and achieved results.

Relativizing the A Priori By Way of Reflective Judgement

AbstractAn influential strand in philosophy of science claims that scientific paradigms can be understood as relativized a priori frameworks. Here, Kant’s constitutive a priori principles are no longer held to establish conditions of possibility for knowledge which are unchanging and universally true, but are restricted only to a given scientific domain. Yet it is unclear how exactly a relativized a priori can be construed as both stable and dynamical, establishing foundations for current scientific claims while simultaneously making intelligible the transition to a subsequent framework. In this article, I show that important resources for this problem have been overlooked in Kant’s theory of reflective judgement in the third Critique. I argue that Kant accorded the task of formulating new scientific laws to reflective judgement, which is charged with forming new ‘universals’ that guide the experience of nature. I show that this is the very task attributed to the relativized a priori: the constitution of a given conceptual framework, not of the conditions for object-reference as such. I conclude that Kant’s considered conception of science encompasses the operations of both reflective and determining judgement. Relativizations of the a priori should follow Kant’s lead.

The problem of types of violence in the criminal law of Ukraine.

The problems of violence and its types in domestic legal science do not lose their relevance, especially today, when the full-scale invasion of Russia on the territory of Ukraine has been going on for more than a year, accompanied by numerous acts of violence of various types. In addition, Russia uses sexual violence as a weapon of war. During the war, the level of particularly violent crime increases significantly. Today’s violence is very different from what prevailed in the last century. One of the reasons for the transformation of violence is globalization as one of the main determinants of the emergence of new types of criminal violence. At the same time, a clear differentiation of types of violence has not yet been developed in criminal law science. In the latest edition of the project of the Criminal Code of Ukraine (January 30, 2023), which was developed by the working group on the development of criminal law of Ukraine, it is proposed to fix the definition of the concept of «violence» in the following wording: «violence is physical influence on another person, in particular by striking, beating, using acoustic, light, thermal or chemical factor or restriction of her personal freedom». The working group, defining the concepts of «violence» and «threat», includes in the content of these concepts what is currently covered by two main types of violence, namely physical and mental. This approach has been criticized, since it is impossible to mix such a type of violence as mental with the latter type – a threat. It is well known that violence is a complex phenomenon of social reality, which has a dualistic nature and various external manifestations in the form of acts of external human behavior. Violence has two main types, namely physical and mental violence. All other types of violence distinguished in the theory of criminal law of Ukraine and criminology are covered by one of them. It is also possible to propose the following classification criteria for distinguishing types of violence, which are not exhaustive. Depending on the addressee: direct violence, in which violent actions harm only the victim, and indirect violence, when harm is caused to people close to the victim in order to influence the latter’s behavior. Depending on the method of distribution, it is advisable to distinguish between offline violence, which is used «faceto-face», and online violence, which can take place using the capabilities of the Internet. Until February 24, 2022, scholars considered conflict-related sexual and gender-based violence an international crime or a war crime. Obviously, with the beginning of a full-scale invasion, the problem of this type of violence requires a separate scientific study within the framework of criminal and international law. Key words: violence, criminal liability, intent, physical violence, mental violence, psychological influence, coercion, war crime, international crime, gender-based violence, sexual violence, financial violence, illegal behavior, violent crime, victim.

Predstaviteli sovetskoj nauchnoj shkoly ugolovnogo prava o nakazanii za sovershennoe prestuplenie

In this article the scientists who contributed to Soviet criminal law science are called on the problem of punishment in criminal law. It also provides a brief bibliographic data of scientists, the main works and draws a similar conclusion that the Soviet school of criminal law, although it was not formalized in Soviet times in the way it is now, but, nevertheless, de facto - it was a real scientific school of criminal law rights and works written by representatives of this school are still in demand.

The Territory of the State in the Pure Theory of Law of Hans Kelsen

The Territory of the State in the Pure Theory of Law of Hans Kelsen

About the legal element of a victim of illegal abortion or sterilization

The article is devoted to some topical issues of establishing the characteristics of a victim of a crime, provided for in Art. 134 of the Criminal Code.
 A generalized review of the concept of the victim in criminal law science has been made. Attention is drawn to the fact that the doctrine of the victim has an interdisciplinary nature - the criminal-legal, criminological and criminal-procedural concepts of the victim are distinguished: 1) criminal-legal - the victim of a criminal offense; 2) criminological - a victim of the crime; 3) criminal procedure - a victim in criminal proceedings.
 It has been established that the domestic legislator directly refers to the victim of abortion (sterilization): the relevant parts of Art. 134 of the Criminal Code on forcing abortion or sterilization without the voluntary consent of the “victim”. The author’s opinion is expressed that, in the context of responsibility for illegal abortion, the legislator could specifically indicate a woman, and in the second case – alternatively, a woman or a man.
 In the context of a legal comparison of the provisions of Art. 134 of the Criminal Code and Art.Art. 38 and 39 of the Istanbul Convention, taking into account the systematic approach to the interpretation of legal acts, attention was drawn to the following: a) in the prescriptions of the convention, when it comes to forcing a woman to undergo certain actions (genital mutilation), there is no normative reference to her informed consent; and in the case of an abortion or surgical sterilization of a woman, in the absence of a sign of coercion, a sign of prior and informed consent or understanding of the procedure on the part of the woman is used; b) the domestic legislator provided in part 2 and part 4 of Art. 134 of the Criminal Code, respectively, forcing an abortion / sterilization without the victim’s voluntary consent. The domestic approach has been subjected to reasoned criticism, since in the theory of criminal law, the sign of coercion traditionally excludes the consent of the victim - these concepts are mutually exclusive.
 It is shown how the victim of the investigated crime is mentioned in judicial practice; at the same time, a small number of verdicts passed under Art. 134 of the Criminal Code.

Who Says Scientific Laws Are Not Explanatory?

Who Says Scientific Laws Are Not Explanatory?

CONSTITUTIONAL IDENTITY AND WHERE TO FIND IT

The category of constitutional identity is now con dently used in the science of constitutional law and in resolving some disputes, but it remains not completely clear. The article is aimed at identifying the content of this category and the possibility of its application in practice. The article presents the meanings of the term “identity” and checks whether this term can be used in constitutional law, and if so, in what sense. Possible ways of nding the features of constitutional identity in the texts of constitutions (in preambles, among the foundations of the constitutional system, or provisions protected from change) are shown. The nal conclusions concern the limits of the application of constitutional identity in constitutional disputes. It seems that constitutional identity can be used to resolve constitutional con icts only if two conditions are met: xing the features of constitutional identity, de ned precisely as such (1), and carried out previously, not at the time of the decision, but in advance (2). It is these two conditions that will provide the necessary predictability and validity of decisions, in the adoption of which the category of constitutional identity was used for argumentation. Otherwise (if these conditions are not observed for whatever reason), the constitutional review body should, as far as possible, avoid using the category “constitutional identity” as an argument in resolving disputes.

Main Directions and the Research Potential of Criminal Law Sciences in Baikal State University

The article is devoted to the state of criminal law science in Baikal State University, as an interim result of the development and growth of law education at this University in the previous 30 years. The anniversary makes it necessary to turn to the background of the formation of a major scientific school within the University, as well as to assess both the prospects and the key vector of its further development. It is stressed that the scientific work of the lecturers from the Chair of Criminal Law and Criminology, Chair of Criminal Procedure and Prosecutorial Supervision, Chair of Criminalistics, Forensic Examination and Legal Psychology is aimed, in the strategic sense, at solving the urgent problems in the spheres of criminology, support of criminal proceedings, solving and investigating crimes, execution of punishments both in Russia as a whole and in our region in particular, on the basis of research and the implementation of obtained results.

Studi Kebijakan Penanggulangan Kejahatan Cyber Crime dan Pencemaran Nama Baik di Ruang Siber (Kasus Direktorat Kriminal Khusus Subdit V Cyber Crime Polda Sumatera Utara)

Criminal policy represents the rational strategy of society in addressing criminal activities. Criminal law policy is a subfield of criminal law science that focuses on crime prevention. In Indonesia, the government has enacted Law Number 19 of 2016 concerning Electronic Information and Transactions (ITE Law) to regulate the use of information technology and social media, aiming to maintain justice, public order, and legal certainty. Defamation refers to actions that harm an individual's reputation through spoken or written words. Article 27 paragraph (3) of the ITE Law regulates defamation. This research explores both penal and non-penal policies in addressing defamation crimes in cyberspace. A normative juridical method is employed to analyze legal solutions to this issue. Primary, secondary, and tertiary data are combined to investigate this matter. A population and sample approach is utilized to answer the research questions. This study analyzes the effectiveness of criminal and non-criminal policies in dealing with online defamation, providing crucial insights for future regulatory enhancements.

CRIMINAL LAW FORMULATION AGAINST UNDERAGE CHILD MARRIAGE

The phenomenon that is developing in Indonesia today, especially in rural communities where the continuity of marriage is vulnerable to minors. This happens due to 2 (two) factors, namely internal and external. This type of research uses normative juridical methods and the approach to theproblemuses 2 (two) kinds of approaches. First, through a statutory approach, namely by examining laws and regulations related to legal issues or problems being studied, isthere any suitability and consistency between the law and other laws. Second, the Conceptual Approach, the conceptual approach departs from the views and doctrines that develop in the science of law. Children are an investment for every country in the world, because they are future human resources for the development of a country. Juridically, each State is responsible for providing a good life for children, providing welfare both physically and mentally, and keeping away from all kinds of dangers that threaten a child. In everyday life, people are less aware of the importance of limiting the age of marriage as stipulated in Law Number 1 of 1974 concerning Marriage.

Legal aspects of state land monitoring in the context of carrying out cadastral activities

In the article a scientific study was conducted and, based on it, conclusions were formulated regarding the legal nature and features of state land monitoring in the context of cadastral activity, specific features of its components such as land monitoring, soil monitoring, land relations monitoring and land market monitoring were identified, and proposals were substantiated regarding the improvement of legislation in this area, in particular in the conditions of martial law in Ukraine.It is proposed to use the term «state land monitoring» in the science of land law of Ukraine. Implementation of state land monitoring is one of the important functions of state regulation of land relations. The author proposes to understand state land monitoring as a complex system of observation, analysis, collection, preservation, generalization and publication of information about the condition of lands and soils, about changes in indicators of the qualitative condition of soils and their fertility, about the ownership, use and disposal of land plots, in particular about the price (value) of land plots, real rights to them and the amount of the payment for land, which is carried out with the aim of timely detection of changes in the condition of lands and soils, their evaluation, prevention and elimination of the consequences of negative processes, as well as ensuring transparency of land relations and public access to information about the condition these relations. State land monitoring includes: land monitoring; soil monitoring; monitoring of land relations; land market monitoring.The military aggression of the Russian Federation against Ukraine caused extreme damage to the environment, including the soil. The article proposes to develop and approve a special procedure for monitoring lands, agro-landscapes and soils affected by the armed aggression of the Russian Federation against Ukraine. The collected, summarized and analyzed information based on the results of the indicated monitoring will be the basis for making decisions regarding the specifics of conservation or reclamation of such lands depending on the type of pollution and the approval of the National Program for the Restoration of Lands and Soils of Ukraine in the post-war period.

FUQAROLIK PROTSESSIDA ODIL SUDLOVNI AMALGA OSHIRISHGA KOʻMAKLASHUVCHI SHAXS SIFATIDA GUVOHNING ISHTIROKI BILAN BOGʻLIQ AYRIM MASALALAR

This article analyzes some of the issues related to the participation of a witness as a person assisting in the administration of justice in a civil process. In particular, the scientific and theoretical views of legal scholars on the concept of a witness in civil proceedings and civil procedural law and the theory of the science of civil procedural law on its procedural rights and obligations are analyzed. As well as the circumstances under which they cannot be summoned and interrogated as witnesses, the civil procedural legislation of foreign states in this area, in particular the civil procedural legislation of Germany, the Russian Federation, Azerbaijan, Belarus, and the Republic of Kazakhstan, is subjected to a comparative analysis with the national civil procedural legislation, and relevant conclusions and proposals have been developed. The article also explores the scientific and theoretical views of legal scholars on the right of a witness to refuse to testify, immunity, and the immunity of a witness. In addition, this article examines the security of witnesses as well as the legislation of foreign countries in this area. In conclusion, scientific and theoretical conclusions, proposals, and recommendations are put forward aimed at improving the Civil Procedure Legislation to improve the procedural and legal status of a witness in legal proceedings, expanding the circle of circumstances under which he cannot be called and interrogated as a witness, based on the experience of foreign countries, ensuring the rights of witnesses to privacy, and strengthening measures to ensure their safety.

Legal Review Regarding the Designation of Papuan Armed Criminal Groups as Terrorists in the Perspective of International Criminal Law

The Papuan Armed Criminal Group has been officially designated as a terrorist organization on April 29, 2021 by referring to the Law of the Republic of Indonesia Number 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning the Stipulation of Government Regulations in Lieu of Law Number 1 of 2002 Concerning the Eradication of Criminal Acts of Terrorism Becomes Law by the Indonesian government. This is thought to have caused the conflicts and tensions that have been occurring in Papua to continue to escalate until early 2023, to be precise, after the determination was made. The designation as a Terrorism organization certainly has an effect related to its status according to the provisions of International Criminal Law. In international criminal law, the status of the Papuan armed criminal group after being designated as terrorists has the same consequences when this group is referred to as KKB (Armed Criminal Group). His actions do not include international crimes that fall under the criminal jurisdiction of the International Criminal Court (ICC) as regulated in the 1998 Rome Statute, however, terrorism crimes can be tried by the ICC if a terrorism case meets the requirements of an international crime. This research method uses a normative juridical method where the research is carried out by examining literature and secondary data, doctrines and principles in the science of law. The approach used in this research is a literature study which includes Primary Legal Materials, Secondary Legal Materials, and Tertiary Legal Materials. To support secondary material, data was obtained from documents or research journals regarding the Papuan KKB case.

The principle of good faith and its manifestations in Russian law as a means of "smart regulation"

The author examines the essence of the category "good faith" and its implementation in specific legal institutions in the context of the concept of "smart regulation". Using the example of tax and civil law, it is investigated exactly how the category "good faith" is interpreted in the scientific literature, legislation and law enforcement practice, the main aspects of its direct and indirect application are analyzed. Based on the results of this analysis, the grounds for attributing the principle of good faith to the means of "smart regulation" have been identified, the main advantages of such categorization and recommendations for optimizing the use of the principle of good faith and its main manifestation in modern domestic tax law – the "anti-rejection rule" have been identified. Conclusions are drawn that the manifestations of "smart regulation" are not always innovative and poorly studied legal institutions. Finding them among the usual, ubiquitous legal means is no less important for the most effective, accurate use of the latter. For example, a correct understanding by the judicial authorities of the role of the general grounds for challenging transactions in bankruptcy (prevention and exclusive application) leads to the formulation of legal positions on their subsidiarity, preventing the use of this tool as ubiquitous. On the other hand, the consolidation of the anti-deviation rule in the tax legislation is generally correct, but not enough: there are no specific compositions of "evasive" offenses, which normalizes the widespread use of Article 54.1 of the Tax Code of the Russian Federation and the excessive detail and significance of the explanations of the tax authorities. The key assumption of the author is that the formation of an idea of these institutions as "smart regulation" will allow them to achieve the greatest effectiveness with the least legislative and law enforcement intervention.

Viewing Second Language Acquisition from the Philosophical Perspective of Mindfulness

<p><em>This current research study attempted to exploratively expose second language learners’ learning acquisition from a philosophical perspective of mindfulness. Regarding this, the researcher deeply studied and identified the behavioral performances of the second language learners in the process of second language acquisition (SLA), which led to the exposure of the close relationship between the theories of philosophy of mindfulness and SLA. As a qualitative research, the current research fully adopted the inductive-deductive method, the comparative analysis method, and the literature review method to deeply analyze the internal relationship between the philosophy of mindfulness and SLA. The research preliminarily found that the cognitive-behavioral theory, under the guidance of the theory of philosophy of mindfulness, provided a good theoretical basis for studying the thinking activities of second language learners’ brains. Thus it is indicated that studies on the operational processes of second language learners’ language cognition should require second language teachers to go deep into all levels of SLA. Consequently, it is suggested that second language teaching should properly follow the scientific laws of cognition and properly develop the potential mindfulness of second language learners, which is an important aspect that all second language teaching experts and teachers can no longer ignore.</em></p>

Correlation between freedom of capital movement and freedom of establishment in European Union law

The study highlights the correlation between freedom of movement of capital and freedom of establishment in the law of the European Union, taking into the account modern case law of the Court of Justice of the European Union (CJEU). The author analyses the case law of the CJEU in the context of determining the scope of application of freedom of movement of capital and freedom of establishment in certaincases, including decisions made in 2021 and 2022. The author identifies the factorswhich are taken into account by the CJEU when determining whether to give preference to the application of a particular freedom. The author also highlights the approaches which have developed in the international and European law science to address thisissue. The author establishes that, based on the analysed case law, the CJEU assesses the main purpose, objective and impact of a national measure on the exercise of freedom of movement of capital and/or freedom of establishment. The Court may favour one freedom over the other based on these factors or consider both freedoms equally when assessing the compatibility of the measure with EU law. It often turns out that restrictive national tax measures may violate one or both of these fundamental freedoms of the EU’s internal market.The author concludes that guided exclusively by the provisions of the EU founding treaties on freedom of movement of capital (Article 63 TFEU) and freedom of establishment (Article 49 TFEU), it is often impossible to establish for certain which freedom will be applied to a particular economic activity of individuals and legalentities. In accordance with the case law of the CJEU, when deciding on the applicationof a particular freedom, in particular, the following factors should be taken into account: the presence of a “definite influence” of an owner of capital share (investor);the type of restriction on the freedoms of the EU internal market imposed by the EUMember State on the activities of entities engaged in economic activity. However, according to the author, there appears to be a lack of consistency indetermining the application of the freedom of movement of capital and/or freedom of establishment, which may be eliminated with the adoption of more judgments by the CJEU in the future and their further scientifi c understanding Key words: EU law, international economic law, international treaties, freemovement of capital, freedom of establishment, investment, company law, Court of Justice of the European Union, European integration.

The essence of the concept of violence in the theory of criminal law of Ukraine

Introduction. The problem of violence is traditionally one of the most relevant in domestic criminal law science. It is primarily about the problem of defining the meaning of the concept of "violence", the specifics of physical and mental (psychological) violence as objective signs of the components of violent crimes. Regarding physical violence, there are no terminological discussions in domestic legal science, in contrastto mental/psychological violence. It should be noted that both in the normative legalacts of Ukraine and in jurisprudence, both concepts of "mental violence" and"psychological violence" are found equally, so for the purposes of this article, we willuse both concepts. Violence is one of the most dangerous elements of violation of human rights, the provision of which in any legal social state is a priority direction of state policy. The aim of the article is to determine the essence of the concept of violence in the theory of criminal law of Ukraine. Conclusions. from the standpoint of social naturalism and a normative approach to a broad interpretation of the concept of violence, it is proposed to understand violence as both a physical and a psychological impact on the victim. The opposite approach, according to which violence is identified exclusively with physical impact on another person, is based on positivism and does not take into account the dualistic nature of this phenomenon. The main types of violence are physical and psychological. Objective and subjective signs of violence are singled out: this is illegal behavior that manifests itself in the external environment and is expressed in specific conscious acts of human activity; targeting another person's body; the presence of a specific addressee (the victim - in the case of direct violence, or his relatives - in the case of indirect violence); can take place both against and against the will of another person (victim);the intentional character of the person's behavior; the ability to influence the unconscious and cause physical, moral, property damage to another person; the presence of a goal to cause harm to another person of a certain nature. Key words: violence, aggression, physical violence, psychological violence,economic violence, sexual violence, mobbing, bullying, coercion, harm, influence, responsibility, inviolability, types of violence.

SISTEM TANGGUNG RENTENG DALAM PEMBERIAN KREDIT MODAL USAHA PNM MEKAAR

According to the study's findings, the debtor is also an individual guarantee under the shared responsibility system, and the Civil Code's articles 1278 and 1280 provide legal protection for creditors. This study aims to shed light on how to implement the millennial economic strategy in a way that benefits both transaction actors and those who carry out transactions. Normative juridical research examines the doctrines or principles of the Science of Law. The quantity of tests in this review were 6 individuals. The study's findings demonstrate that debtors are also individuals under the joint responsibility system. The group is obligated to pay the debtors for their services, but the large number of installments causes members to feel resentment. This is because group members are also expected to pay back their loans. The credit disbursement processing does not begin as a result of this default's occurrence, which has consequences for the group it belongs to. This indicates that it is extremely challenging for the concerned group as well as other groups.