Domestic Sources Of Law Research Articles

THE LEGAL FRAMEWORK FOR CYBERSECURITY IN THE RUSSIAN FEDERATION

The article is devoted to the study of domestic sources of law in the field of cybersecurity. Based on a generalization of sources in the field of international law, criminal legislation of foreign states and provisions developed in the Russian legal doctrine, the author concludes that it is impossible to effectively combat cybercrime when using the tools of a single state. The need for international cooperation in the designated area is a red line in all program and regulatory documents of the industry. Purpose of the article: The purpose of the article is to analyze international legal norms, current domestic legislation for the possibility of improving the criminal law mechanism for countering manifestations of "harassment" in Russian society. Methodology and methods: in this study, the author makes extensive use of methods of analysis, synthesis, induction, as well as the method of interpreting legal norms. Conclusions: as a result of the study, the author comes to the conclusion that it is necessary to ensure the global security of cyberspace by improving the legislation of the Russian Federation and effective international cooperation. In this article, the author presents the genesis of the normative consolidation of the mechanism for countering cyber threats, analyzes the mutual influence of sources of international and state law, considers the main provisions of program and conceptual documents that indicate the essence of Russia's legislative initiatives in the relevant area. The author concludes that taking into account international experience in this issue will contribute to the effectiveness of the reforms. Scope of the results: the material of the article is addressed to students of higher educational institutions, as well as graduate students conducting scientific research in the framework of research. In addition, the conclusions of this article can be used by teachers of law schools as a scientific and methodological material.

An introduction to medical law according to the positive law of the Republic of Croatia, with sources and founding principles: The responsibility of doctors and some legal and ethical questions regarding the doctor-patient relationship, from a paediatric standpoint

In this paper, the authors define Medical law and give an introduction into the subject matter by using the Positive law of the Republic of Croatia. In the second chapter, the authors list the sources of Medical and Health law, especially as they relate to paediatric medicine, thus separating the international and domestic sources of law. Later, they explain the legal descriptions of the founding principles of Medical and Health law. This paper focuses on explaining the legal responsibilities of doctors and other medical practitioners towards other persons, which may occur during their regular practice, or due to errors on their part. The responsibilities are explained in detail in the basic legal divisions; as such, there are criminal, misdemeanour and disciplinary responsibilities on one hand, and civil liability for damages incurred while providing medical services on the other. The legal obligations of all healthcare sector employees are further explained, and the paper also contains an overview of the specific criminal offences from Title XIX of the Criminal Code, titled "Offences Against Human Health". Later, the authors deal with the rights of patients in the Republic of Croatia and the legal regulations relating to them. The paper focuses on the rights of underage patients, where the legal regulations are explained according to the Family act and the Act on Protecting the Rights of Patients.

Devotion to Legalism: On the Brexit Case

This note examines the UK Supreme Court's judgment in the Brexit case, Miller v Secretary of State for Exiting the European Union. The case upheld the decision of the High Court, which rejected the claim that the foreign affairs prerogative provided a legal basis for giving notice to EU institutions of the UK's intention to withdraw from the EU. But the Supreme Court's preferred basis for dismissing that claim rested on the more general proposition that significant constitutional change can only be effected by statute. This position offers the germs of a jurisprudence of constitutional change and was substantiated by means of an analysis of Parliament's dual capacity as legislator and constituent agent. Miller also includes important and potentially innovative dicta on the relationship between international and domestic sources of law.

Ten years of application of the Brussels II bis regulation

Regulation Brussels II bis entered into force on 1 August 2004 but its application has began on March 1, 2005. Ten years of its application by the courts of the Member States gave rise to the interpretation of its provisions as evidenced by requests for a preliminary ruling to the Court of the European Union: for the time being two requests relate to matrimonial matters and eighteen to matters of parental responsibility. Interpreting Union law the Court primarily use systematic method and purposive method to determine autonomous concepts that should provide equal rights and obligations of all entities that fall under the personal scope of application of the Regulation. These terms have different contents than those that are applied in national legal systems of the Member States, ensuring the coherence of Union law, as well as unification or harmonization of national laws. The present paper presents some of the autonomous concepts of Union law in the areas covered by the Regulation. They are selected primarily by the criterion of their usefulness in applying Serbian law, because those concepts are present in different domestic sources of law, although without determined content, or because they are discussed in the course of the upcoming harmonization of Serbian law with EU law. At the end, the paper gives an overview of those issues and provisions of the Regulation, which - based on the 2014 Report of the Commission on the application of the Regulation - require clarifications and improvements in the course of possible future adaptations of Brussels II bis.

The New Morality in Quebec Company Law - Directors' Liability after the Civil Code of Quebec

Legal personality, it is trite to say, is a fundamental characteristic of the corporate form, and one which underpins that other fundamental but more controversial characteristic, limited liability. The concept of the separate legal personality of that “artificial being, invisible, intangible, and existing only in the contemplation of law” gives rise however to other, persistent, conceptual difficulties associated with the relationship of the various actors in the corporate undertaking. Resolving these conceptual difficulties proves more challenging in jurisdictions which, for one reason or another, draw on different legal traditions as their sources of domestic law. Civil codes, for example, have long recognized a generalized concept of legal personality (in French, “les personnes morales”) extending beyond the business corporation and which predates the emergence of English-style companies law. This article examines how one jurisdiction, Quebec, has attempted to resolve the difficulties arising from the interaction of civil code principles and modern business law, in particular with respect to directors’ liability.