Specific Legislation Research Articles

Planning Acts in Administrative-Procedural Legislation and the Issue of (im)Possibility of Their Settlement

The relevance of the topic is due to two factors, on the one hand, the new stage of legal regulation of relations between private individuals and administrative bodies, which is connected with the entry into force of the Law of Ukraine "On Administrative Procedure", and on the other hand, the growing importance of planning acts and the need for their proper regulation. Both general scientific and special methods of scientific knowledge were used in the research. The purpose of the article is to substantiate the essence, characteristics, signs and requirements of planning acts, as well as proposals for their regulatory regulation. It is noted that it is important to distinguish planning acts based on what/whom the relevant act is aimed at. Part of the acts of planning and planning activities are aimed at internal organizational issues of the body itself or at the system of public administration. Another part of the acts of planning and planning activities is aimed at private individuals, creating legal consequences in the form of the emergence, change or termination of their rights and the creation of obligations. It is substantiated that the given classification has both theoretical and practical significance. The theoretical significance lies in the fact that the separation of planning acts from those aimed at determining the rights of private individuals from those that do not have an external direction will allow to fill the category of administrative law with content, such as "tools of public administration". Instead, the practical side of such a demarcation can contribute to the improvement of regulatory regulation. We are talking about the regulation of both the procedure for the adoption and implementation of acts, and the procedure for their appeal, because the question arises as to the possibility or impossibility of regulating such acts by administrative-procedural legislation, as well as the regulation of the procedural procedure for appealing such acts according to the provisions of the Code of Administrative Justice of Ukraine. On the basis of the conducted research, conclusions regarding administrative-procedural legislation were formulated and proposals were made, in particular, that the procedure for adopting a planning act should be closer to the adoption of an administrative act and be regulated by the Law "On Administrative Procedure". When adopting them, all principles of administrative procedure must be observed, although specifics must be determined by special legislation. Regarding the wording of plans, it is appropriate to call general planning decisions "plan", but when it comes to the second type, then use the term "act" - plan act, planning act.

Who should Issue a Permit for the Memorial? Administrative Law as a Platform for the Conflict over the Construction of the Monument to the Victims of the Smoleńsk Tragedy in Warsaw

Circles associated with the ruling Law and Justice party decided to build a monument to the victims of the crash of a Polish government airplane in Smoleńsk on April 10, 2010 in Piłsudski Square in Warsaw. However, the authorities of that city, associated with the political opposition, were not positive about the project. Government bodies instrumentally used (and even abused) existing institutions of administrative law to build the monument despite the opposition of the local self-government. First, control over Piłsudski Square was taken away from the city authorities. Then the square was declared a closed area of military importance so that the city authorities could not make it difficult to obtain permission to build the monument. Finally, the Polish parliament created special legislation to make it more difficult to remove the monument in the future.

Administrative Procedure under the Legislation of Ukraine and Certain Foreign Countries (Comparative Legal Study)

The relevance of the research topic is due to the need to analyse the experience of regulatory definition of administrative procedures in foreign countries. It characterizes models of systematizing procedural legislation in certain developed countries worldwide and in Ukraine. Emphasis is placed on Ukraine adopting a model of systematizing administrative procedural legislation that involves the adoption of a general act on administrative procedure with the preservation of the priority of special legislation. This approach aligns with the recommendations of the institutions of the Council of Europe and the European Union, particularly Recommendation CM/Rec(2007)7 of the Committee of Ministers of the Council of Europe of June 20, 2007, to member states on good administration, and the European Parliament Resolution of January 15, 2013, with recommendations from the Commission on Administrative Procedure Law in the European Union. The latter document envisages that the general act on administrative procedure should contain a universal set of principles and outline a procedure applicable as de minimis provisions when there is no lex specialis. The purpose of the article is to reveal the peculiarities of legal regulation of administrative procedures under the laws of foreign countries. It is argued that updated legislation should include referral norms that clearly address the legal practitioner (other subjects endowed with administrative-procedural legal status) to a specific procedure defined by sectoral legislation. This is particularly relevant to cases handled by administrative authorities on their own initiative. The study uses the comparative legal method to establish the common and distinctive features of legal regulation of administrative and procedural legislation of foreign countries. The author examines the peculiarities of legal regulation of administrative procedures in certain European countries. It is noted that the implementation of legislation on administrative procedure in Ukraine should be carried out using the existing experience of countries where the relevant changes have already been implemented. It is emphasized that in the future, attention should be focused on the formation of a homogeneous national law enforcement practice, which is determined by a unified approach to the interpretation of procedural law. Based on the study, the author formulates the following conclusions and makes recommendations: at the initial stage, it is worthwhile to establish communication between representatives (officials) of administrative bodies and judges of administrative courts with a view to taking a number of measures to ensure effective implementation of domestic administrative procedure legislation; to ensure data exchange within the administration and to identify practical problems which may arise in the process of harmonization of the entire array of legal acts around the basic Law of Ukraine "On Administrative Procedure".

Personal data: doctrinal interpretation of the category in the sciences of administrative and information law

In the article, on the basis of a review of scientific and regulatory sources, an attempt is made to carry out a generalized analysis of doctrinal approaches to the definition of the content of the «personal data» category, to reveal tendencies and emphasis in solving the corresponding scientific task. It is noted that with the rapid development of methods, processes and methods of using computing equipment and communication systems for the creation, collection, transmission, search, processing and distribution of information, the integration of artificial intelligence in all spheres of social life, including technological processes of collection , processing and protection of personal data, the need to review the theoretical foundations of the legal institution of personal data, updating doctrinal approaches to understanding and interpreting the categorical series in this area is becoming more urgent. It is emphasized separately that the features of the legal regime of martial law definitely leave their mark on the personal data protection mechanisms.
 As a result of a generalized review of doctrinal approaches to defining the content of the «personal data» category, the author recognized the presence of a clear tendency in recognizing the need to detail the legal definition of personal data, as well as making changes to special legislation in this area. As a rule, researchers consider personal data as a special type of information, an object of administrative and/or informational legal relations, an object of protection, etc. In scientific research in the area of the raised issue, emphasis is placed on the importance of developing classification models of personal data with a number of various criteria in order to determine as deeply and systematically as possible all the components of the specified category. In some studies, the thesis about the correctness of the correlation of personal data with other related concepts and categories is emphasized, which has a significant impact not only on the results of scientific research, but also on law enforcement practice in this area.

To the question reform of the state system of legal protection of intellectual property in Ukraine

The article highlights the current state of intellectual property protection in Ukraine. It is emphasized that in accordance with the provisions of Art. 41 of the Constitution of Ukraine, everyone has the right to own, use and dispose of their property, the results of their intellectual and creative activities. Article 55 of the Constitution of Ukraine stipulates and guarantees everyone the use of all national types of legal protection, protection of rights and freedoms in court. According to the second part of Art. 124 of the Basic Law, the jurisdiction of the courts extends to any legal disputes and all legal relations arising in the state. In addition to the guaranteed constitutional right to judicial protection of intellectual property rights, the norms of special legislation in the field of intellectual property determine the legal basis for the protection of violated rights.
 In connection with the reform of the state system of legal protection of intellectual property, the Concept of reforming the state system of legal protection of intellectual property in Ukraine, approved by the order of the Cabinet of Ministers of Ukraine dated June 1, 2016 No. 402-r, was analyzed, which states that the state system of legal protection of intellectual property property implements the state system of legal protection of intellectual property, and also draws attention to the imperfect and inert system of state management of intellectual property, which has led to the absence of significant changes in the adaptation of the legislative framework to modern economic and political conditions (the fight against patent trolling, Internet piracy, satisfaction needs of the IT industry, military industry), as well as the National Strategy for the Development of Intellectual Property in Ukraine for the period until 2020, where a two-level structure of the state system has been created instead of a three-level structure. Separate provisions of the legislation, the norms of which guarantee the protection of intellectual property rights, as well as special laws and by-laws defining the reformation and functioning of the state system of legal protection of intellectual property, are considered. Attention is drawn to the fact that today the state system of intellectual property protection in Ukraine has an extensive system of state authorities that ensure the protection and protection of the violated subjective rights of copyright holders. The existing problematic issues of intellectual property protection are analyzed and the author’s proposals for improving the state of protection and protection of intellectual property rights in Ukraine are formulated.

THE USE OF TELESSAÚDE TO IMPROVE HEALTH SERVICES

Objective: to identify the impacts of telessaúde in the health field. Methods: an integrative literature review study was conducted through the databases: Virtual Health Library (VHL), Latin American and Caribbean Literature on Health Sciences (LILACS), Scientific Electronic Library Online (SciELO) and Nursing Database (BDENF). Results: regarding the thematic approach of the articles, the framework of the productions raised in two categories focused on the importance of the use of Information and Communication Technologies (ICT) in auditing and the second addresses the importance of ICT in health in general. Conclusion: in view of the studies analyzed, it is understood that telessaúde, as a strategy, has a significant potential to expand and qualify access to health care, continuing education and the promotion of the quality of life of the population in different locations. The implementation of national policies and specific legislation are important for the progress of telessaúde initiatives in the different scenarios.

Compliance, fundamental rights and exceptionalities: questions and practical and theoretical redundancies according to application findings?

This legal article aims to confront and foster interactions between the compliance institute and fundamental rights, in theoretical and factual terms. Thus, the present text, resulting from analytical-bibliographic, deductive, inductive and propositional methodology research, intends to advance in one of the facets of the advent of compliance, namely, the relative to its arrival amid the figure of a lot of fundamental rights already classically and constitutionally established. At times in agreement, at times in contrast, compliance policies deserve a deep examination, in order to confirm or not the hypothesis according to which they contrast, harmonize or, simply, are epistemological redundancy inside the larger universe of legal sciences. Classificatory creations and examples will be brought to light, with a greater focus on specific Brazilian legislation, towards which the entire construction and evolution of this Article will be based.

Legal regulation of researchers’ labor in Ukraine and the European Union regarding the development of research infrastructures

Problem setting. The world recognizes the impact of science and innovation on the socio-economic and political development of the state and society, and therefore pays attention to researchers as subjects of scientific and scientific and technical activities. Despite numerous international documents adopted in the field of science, the development of European research policies and programs in the European Union, the issue of regulating the labor relations of scientists with research infrastructures in the European Union remains relevant. Analyses of recent researches and publications. Certain aspects of legal support of labor relations of scientists in Ukraine were considered by Barabash H.O. (peculiarities of legal regulation of labor of scientists and its improvement), Yushko A.M. (peculiarities of organization of labor of scientific workers and its remuneration in the context of reforming the legislation on scientific and scientific and technical activities), Yaroshenko O.M., Vapnyarchuk N.M. (ensuring decent work of scientists, decent and fair remuneration of scientists). With regard to the principles of regulation of the work of scientists in the European Union and the world, we note the publications of V. Kokhan (issues of legal support for the mobility of researchers in the EU, features of employment of researchers in the EU). Purpose of research is to provide an overview of the legal regulation of research activities of scientists in the European Union and Ukraine, and to identify and compare the levels of legal regulation of labor relations of European researchers between them and research infrastructures and labor relations of researchers in Ukraine Article’s main body. The legal regulation of labor relations of researchers in Ukraine can be divided into: the international level of legal regulation, national level of legal regulation general and special legislation that regulates the work of researchers and its peculiarities; local level of legal regulation local acts of scientific institutions adopted on the basis of current legislation within their competence/ The legal regulation of labor relations of researchers with research infrastructures in Europe should also be studied by the level of legal support and can be divided into several levels of regulatory support: international, European, national and local. It seems that the labor relations of scientists with research infrastructures at the local level have proper legal regulation, and perhaps the most detailed among other levels of legal support. Conclusions and prospects for the development. We can conclude, that legal regulation of labor relations of scientists with research infrastructures in the European Union is highly detailed at several levels of regulatory support: international, European, national and local. In Ukraine, a multi-level structure of regulatory support for the labor of scientists is also traced, in which international, national and local elements of legal regulation are distinguished. It is noted that the international level of legal regulation of researchers’ work in the European Union and Ukraine is the same, since international standards in the field of research are mandatory for Member States. At the same time, local legal support for research activities is more developed in the European Union than in Ukraine, as local rulemaking by Ukrainian research institutions is limited by law, and local acts cannot change the norms of higher-level acts. In the European Union, research infrastructures can independently regulate relations with employees, including scientists, without reference to national legislation, due to the international nature of research infrastructures created by several member states and operating in several countries, respectively.

Procurement in Times of Crisis: The Portuguese Experience

Since 2020, Portugal has enacted legislation specific to addressing the SARS-CoV-2 pandemic, with two distinct moments in this process: one dedicated to the pandemic situation in particular and a more recent one, connected with European funding and its implementation, various energy crises, and effects of economic warfare. As regards the complex and intricately entangled Covid-19 legislation, swift public procurement procedures were established to comply with certain requirements to guarantee competition, since the pandemic constituted an abnormal and unforeseeable circumstance that did not fit into the forecast of urgency provided for in the Directives. Legislation was issued on the modification of long-term contracts, yet with presented a highly debatable solution for the changes’ implementation and prohibiting the use of pecuniary compensation. While that legislation has since been repealed, transitory rules and exceptions whose scope is still difficult to understand in full took its place – in the main, the current special legislation on public procurement, Law 30/2021, intended for executing the implementation plan for projects financed or co-financed by European funds, which contains several rules that deviate from the regime resulting from the European directives, plus re-establishment of monitoring by the Court of Auditors, creation of an Independent Commission for supervising the implementation of the associated legislation, and the passing of extraordinary price‑revision legislation. The paper presents a brief report on this Portuguese legislative context and on the respective monitoring by both jurisdiction-linked and non‑jurisdiction-associated bodies. It directs special attention to the difficulties and perplexities raised by the regimes involved.

Law practice in ukraine in the aspect of implementation of general european standards of the organization of legal activities (theoretical and legal aspect)

The article examines the development directions of the advocacy institute based on the analysis of the content of the special legislation of Ukraine. In the aspect of intensifying the processes of European integration of Ukraine, as a candidate state for joining the European Union, the main factors of reforming the institution of advocacy of the self-governing bodies of the advocates are analyzed, the priorities of the reform of the legislation on advocacy are outlined, taking into account the problems of the practice of advocacy. On the basis of a systematic analysis of international and bilateral documents, the latest amendments to the Law of Ukraine "On the Bar of Ukraine" and laws on the implementation of the rights and freedoms of a person and a citizen of Ukraine provided for by the Constitution, aspects of the practical implementation of the principles of the rule of law, strict adherence to the constitutional provisions of the law, democracy, social expediency, principles of scientific validity, systematicity and coherence, interconnection and interaction of legislative acts, priority of generally recognized norms and principles of international law in relation to national legislation. The conclusion that the main task in the process of practicing law is to highlight the processes of reforming the institution of advocacy and the mechanisms for ensuring the development of special legislation is substantiated. Special emphasis is placed on improving the self-government of lawyers, guarantees for the protection of the professional rights of lawyers, and strengthening the qualification requirements for persons who must gain access to the profession of lawyer.

Corporate sustainability reporting and information infrastructure

PurposeInformation infrastructures can enable or constrain how companies pursue their visions of sustainability reporting and help address the urgent need to understand how corporate activity affects sustainability outcomes and how socio-ecological challenges affect corporate activity. The paper examines the relationship between sustainability reporting information infrastructures and sustainability reporting practice.Design/methodology/approachThe paper mobilises a socio-technical perspective and the conception of infrastructure, the socio-technical arrangement of technical artifacts and social routines, to engage with a qualitative dataset comprised of interview and documentary evidence on the development and construction of sustainability reporting information.FindingsThe results detail how sustainability reporting information infrastructures are used by companies and depict the difficulties faced in generating reliable sustainability data. The findings illustrate the challenges and measures undertaken by entities to embed automation and integration, and to enhance sustainability data quality. The findings provide insight into how infrastructures constrain and support sustainability reporting practices.Originality/valueThe paper explains how infrastructures shape sustainability reporting practices, and how infrastructures are shaped by regulatory demands and costs. Companies have developed “uneven” infrastructures supporting legislative requirements, whilst infrastructures supporting non-legislative sustainability reporting remain underdeveloped. Consequently, infrastructures supporting specific legislation have developed along unitary pathways and are often poorly integrated with infrastructures supporting other sustainability reporting areas. Infrastructures developed around legislative requirements are not necessarily constrained by financial reporting norms and do not preclude specific sustainability reporting visions. On the contrary, due to regulation, infrastructure supporting disclosures that offer an “inside out” perspective on sustainability reporting is often comparatively well developed.

ENERGY EFFICIENCY MANAGEMENT TOWARDS SUSTAINABLE DEVELOPMENT: THE NEED FOR AN ENERGY EFFICIENCY LEGAL FRAMEWORK

Issues on the ever-growing demand for energy, limited fossil fuels, difficulties in obtaining viable, sustainable energy for sustainable development, and adverse impacts on global climate change have driven the international community towards the use of cleaner and more sustainable energy sources. In addition to the sustained availability and utilisation of renewable energy sources, many countries have developed and implemented energy policies to address the above issues as well as to conserve energy in line with Goal 7 of the Sustainable Development Goals (SDGs). This doctrinal analysis is performed to identify the extent to which energy efficiency and conservation imperatives in Malaysia have been implemented and explore the need to enact a legal framework for energy efficiency in this country. The aim of this paper is to detail the prospects of energy efficiency in Malaysia and discuss efforts made to enable energy efficiency practices with a view toward the sustainability of energy supply for future use. The outcomes of this study demonstrate that the implementation of energy efficiency in the country is consistent with one of the core agenda items for the economies to progress as recommended by the United Nations General Assembly through SDG 7. Nevertheless, without specific legislation for the implementation of energy efficiency, efforts to strengthen the management and implementation of energy efficiency in Malaysia will not be possible.

Exploring the Role of DNA Technology in Administration of Justice in India: A Comparative Analysis with USA

Introduction: There is an increasing prevalence of novel crimes employing advanced methods and technology which necessitates investigative agencies to employ meticulous and systematic approaches grounded in scientific nature to effectively address the situation. DNA fingerprinting is one such contemporary investigative technique which assumes a significant function within the field of forensic science. DNA Technology can be utilized to identify offenders with exceptional accuracy while absolving innocents. Objective: Despite the extensive use of DNA technology in administration of justice, there is no specific legislation for its use and regulation in India. This article aims to find out the significance of DNA technology in administration of justice in India and the challenges associated with it. It also tries to find gaps in the existing literature related to the use of DNA technology. Method: The research methodology adopted here is normative juridical which includes comprehensive analysis of legislative framework along with the Constitutional provisions. It has also referred to a variety of scholarly literature and landmark judicial decisions. Results: This article suggests that although DNA technology plays a significant role in the administration of justice, there are numerous challenges in relation to the use of DNA technology such as absence of a comprehensive law on the subject, privacy concerns of individuals, lack of well-equipped labs and shortage of staff, absence of database, misuse of sensitive data, mishandling of samples, etc. This all can be addressed by bringing a law and maintaining a database for which inspiration may be sought from countries like the USA. Conclusion: In the light of changing dynamics of criminal investigation and the sophistication adopted by criminals, it is necessary that agencies effectively utilize DNA technology for speedy justice. For regulating the use of such technology along with balancing the rights of individuals, India must enact a legislation at the earliest. It is necessary because the judicious use of DNA technology may change the face of the criminal justice system as it is capable of providing accurate evidence.

Consideration on Legal Situation of Mine Ecological Restoration in China

Mine ecological restoration system is the guarantee of restoration practice and management. In the past half century, China's mining geological environment protection and restoration management system and land reclamation system have been established and continuously improved, but the current relevant legal system still has some defects, such as: no special legislation, implementations of ecological restoration settlement mechanism, two-in-one scheme compilation and reporting system, mining geological environment restoration t fund system are not smooth, and the binding force of legal responsibility is insufficient. In view of these problems, the revision of Mineral Resources Law, Regulations on Land Reclamation and Provisions on the Protection of the Geological Environment in Mines has become a practical necessity. In the revision, mine ecological restoration system can be constructed from the aspects of preparation and implementation supervision of mine ecological protection and restoration scheme, management of mine ecological restoration fund, ecological background investigation and monitoring, lifelong responsibility investigation, joint punishment and so on.

Ghana's Legal Framework for the Constitutional and Statutory Application of Arbitration

The legal framework in Ghana comprises a range of legislations that establish the fundamental principle of addressing specific concerns through arbitration. The compulsory nature of this arbitration system significantly diverges from the consent-based arbitration framework. This Article provides an analysis of the legislative framework that governs statutory arbitration in Ghana and argues that it is crucial to thoroughly comprehend statutory arbitration as a mechanism within administrative law. Unlike contractual arbitration, which relies on the parties' consent, statutory arbitration receives its authority from legislation. The present study examines the historical origins of statutory arbitration, create an extensive inventory of legislation with provisions for statutory arbitration, and assess the underlying rationales for the adoption of statutory arbitration. The study further examines the issue of consent in statutory arbitration, investigates the procedural aspects of statutory arbitration, and assesses the legitimacy of this specific form of arbitration. The article argues that the notion of statutory arbitration and the provisions found within specific legislations that establish statutory arbitration do not infringe upon constitutional norms. The study concludes that considering the solid legal foundation upon which statutory arbitration is based, the Ghanaian government should contemplate expanding the areas where statutory arbitration can be utilized as a feasible alternative to litigation.

Environment Risks and Their Responses to Chinese Companies Investing in Countries along the Belt and Road: Solutions Based on the International Investment Law

In recent years, Chinas investment in countries along the Belt and Road has gradually expanded. Minerals, energy, manufacturing, infrastructure, engineering construction, etc. are key industries for Chinese companies to invest in countries along the road. Legal deficiencies in the host countrys environment, behavioral defects of overseas investment companies, and the lack of regulatory norms and weak supervision of environment risks in China increase the potential environmental liability risk of Chinese companies. On the purpose of reducing the occurrence of environment risks, this paper takes the international investment law as the entry point, adopts the literature review method and data induction method, and combines a large number of environment risk treatment cases of Chinese companies in the project investment, and proposes five solutions: include environmental protection clauses when signing international treaties with host countries; Strengthen companies environmental responsibilities and environmental disclosure obligations; Special legislation for overseas investment by companies; Fully use the role of overseas investment insurance and establishing a diversified mechanism for resolving international environmental disputes.

Constitutional provisions regarding the judicial control exercised upon the administrative acts issued / adopted in exceptional situations

Conditions of admissibility of an action in administrative Litigation having as object the administrative acts issued/adopted in exceptional situations, we find them regulated in the Law no. 554/2004 of the administrative Litigation, while in other works we cand find analyzed these problems under the form of the administrative Litigation, on the basis of the Law no. 554/2004, and on the basis of the constitution which is completed with the provisions of the special legislation appliable to the special situations. 
 In the specialty doctrine are identified, as rule, the following conditions of admissibility of an action in the administrative Litigation: the condition that the attacked act to be an administrative act; the condition that that act to affects a right recognized by law or a legitimate interest; the condition that the issued act to emanate from a public authority; the condition of the fulfillment the preliminary administrative procedure; the condition that the action to be introduced within a certain term.
 In the light of these reasons detached form the constant jurisprudence of the Court from Strasbourg, the Romanian Constitutional Court ruled in the sense that providing a right of effective access to justice, it has to be analyzed also by considering the effects that a judicial decision has upon the right of the person who addressed the justice.

Спорные вопросы наследования жилых помещений, приобретенных за счет средств материнского (семейного) капитала

According to the Concept of State Family Policy approved in the Russian Federation, one of the significant measures that influenced the increase in the birth rate in the country was the provision of maternity (family) capital for families with children at the expense of the state budget. However, the application of the provisions established by special legislation, especially in terms of allocating a share in the acquired residential premises to minor children, caused problems of their practical implementation, arising not only during life, but also after the death of parents. The purpose of writing the article was to identify typical cases of participation of heirs in disputes arising in connection with the inheritance of residential premises acquired in whole or in part at the expense of maternal (family) capital. Special attention is paid to the problem of inheritance of residential premises after the death of a person who did not fulfil the obligation to allocate a share to minor children during his lifetime. At present, both in science and in the law enforcement sphere, a judgement has been formed on the need to refuse heirs to issue a certificate of inheritance in part of the residential premises acquired at the expense of the maternal (family) capital, before determining the shares of both heirs and the deceased parent in court. This approach is based on a misunderstanding of the legal nature of the obligation to allocate shares to minor children. The author makes a conclusion about the termination of an unfulfilled public duty by the death of a person and the impossibility of applying the norms of the law of obligations.

Особенности правового развития обязательственных правоотношений в современной России

Relevance of research. The editor-in-chief’s column analyzes the topic and content of the key heading of the current issue of the journal “Legal Concept = Pravovaya Paradigma”, entitled “The Evolution of Some Types of Debt Relationships in the Russian Federation”. The prepared issue deals with the implementation of certain provisions of the law of obligations after the 2015 reform. The scientific and practical significance of the papers presented in the feature topic of the issue is analyzed. The scientific novelty of the conducted comprehensive legal research reflected in the heading “The feature topic of the issue” is based on the results obtained by the authors of the scientific papers that have touched on the specifics of the content of certain types of obligations. Many of the most controversial issues related to both traditional and modernized legal regulation are also analyzed. The methodological framework for intersectoral legal research is traditionally made up of the general scientific methods of cognition used in the social sciences and humanities in general, including in law. Among the most significant general methods of cognition is the method of historical materialism, as well as the general logical methods of analysis, synthesis, induction, and deduction. The special and private methods are presented in the scientific papers under the heading mainly formal legal and comparative legal methods. Results. It is revealed that some provisions of the law of obligations that are subject to modernization have generated theoretical discussions and some difficulties. This topic is relevant for scientific papers presented in the key heading of the journal. Conclusions. Taking into account the opinion of specialized professionals as well as the analysis of the legislative innovations, the conclusion is substantiated that the main purpose of the mandatory legal reform is to streamline and clarify the provisions of the Civil Code of the Russian Federation. This statement is explained by the lag of the legislation from objective legal reality and the development of judicial practice, during the formation of which numerous attempts were made to fill the legal gaps and level out emerging problems. It is established that many controversial issues related to the reform of the law of obligations and the modernization of the special legislation that regulates certain types of debt relationships have been covered within the framework of the feature topic of the prepared issue of the journal “Legal Concept = Pravovaya Paradigma” – “The Evolution of Some Types of Debt Relationships in the Russian Federation”.

Unveiling Shadows: Jus Cogens Imperative to Criminalize Enforced Disappearances in Pakistan

Abstract The United Nations, aiming to eradicate enforced disappearance, introduced the International Convention for the Protection of All Persons from Enforced Disappearance (ICPAPED), mandating signatory States to take preventive actions. Enforced disappearance is also deemed a crime against humanity under other international treaties. However, Pakistan has not ratified the ICPAPED, and its national laws lack specific provisions criminalizing enforced disappearance. Additionally, Pakistan is involved in various international treaties that uphold jus cogens, a fundamental principle of international law considered non-derogable. Given this context, the article highlights the misalignment of Pakistan’s national laws with the principles of jus cogens and underscores the urgent need for Pakistan to enact specific legislation that criminalizes enforced disappearances in line with international standards.