Sphere Of Law Research Articles

Public law and municipal leadership and territorial public self-government: legal, institutional and communicative aspects

This article reveals the public law concept of “leadership”, theoretical grounds of municipal leadership, its role within the system of municipal democracy and territorial public self-government from the perspective of integral legal understanding and a communicative approach towards law. The goal of this research consists in the analysis of conceptual and normative legal framework of the institutions of public law and municipal leadership, impact of the institution of leadership upon development of the forms of municipal democracy in the context of Russian and foreign experience, as well as peculiarities of the influence of the institution of public law leadership upon the forms of governance in territorial public self-government The subject of this research is the scientific views, normative legal framework of regulation, organizational practice of the institution of public law and municipal leadership in territorial public self-government in the context of functionality of the forms of municipal democracy. The article employs the formal legal and comparative analysis, methods of dialectics, municipal legal hermeneutics, communicative approach, and critical rationalism in legal studies, which allows viewing the municipal leadership as a complex interdisciplinary legal and administrative institution that assists the implementation of the forms of municipal democracy, and improves the effectiveness of the territorial self-government in cooperation with branches and officials of the local self-government. The following conclusions are made: the institution of public law leadership should be viewed as interdisciplinary, which incorporates the sphere of public law on the one hand, and the sphere of state and municipal administration on the other hand; the works of the Russian and foreign researchers indicate that the  concepts of transformational leadership, leadership-service and adaptive leadership can be analytically applied to the institution of municipal leadership; it is necessary to improve the institution of public law and municipal leadership, and ensure new spheres of juridification of the requirements for the heads of territorial self-government on the federal and municipal levels.

Istoriya razvitiya sovremennyh koncepcij ugolovnoj otvetstvennosti iskusstvennogo intellekta v Ispanii

This research proves the failure to address theoretically fundamental issues of robots' legal capacity and cyber security and as a result crudity of issues concerning criminal liability of robots for their actions. The proposals of a number of Spanish scientists on the possibility of non-proliferation of the sphere of criminal law on robots in connection with the existing possibility of criminal prosecution of legal entities in Spain have been worked out. In retrospect, the Spanish concepts of criminal responsibility of artificial intelligence were studied: their novels, shortcomings and problems of application in modern conditions were revealed.

On interaction between prosecutors and specialists in the exercise of powers to detect violations of laws outside the criminal law sphere

The subject of this research is the public relations established in exercising of such a power by the prosecutor on detection of violations of laws outside the criminal law sphere as the right to demand from the policy makers and other officials “supervised” to the prosecutor's office the allocation of specialists. Findings of the experts in the material form are in demand among the law enforcement officers in different spheres of social life, including due to their evidentiary potential. The relevance of this research is defined by the fact that the scholars and practicing legal experts have accumulated a range of questions to the legal status of a specialist in the Russian legislation, which also pertains to the prosecutor's activity. The novelty consists in the author’s substantiation of the need to improve legal regulation of the corresponding legal relations based on comparison of the norms that regulate the mechanism of cooperation between specialists and prosecutors in supervision by the latter of compliance with laws, rights and freedoms of human and citizens, analysis of theoretical groundwork on the topic, and personal practical experience in the prosecutor's office. The article reveals the gaps in the existing legal regulation. This work may be valuable for the practitioners of the prosecutor's office, as well as bodies “supervised” to the prosecutor's office, scholars in the area of prosecutor's activity, legal experts, students, and postgraduates.

General philosophy of Islamic law (Maqāsid )and the Common Law: Some similarities and differences: Dr SLM RIFAI.

The primary objective of this article is to compare some identical principles in the doctrines of the general philosophy of Islamic law and the values of the common law as known in the western traditions. Islamic law is religious inspirited and regulated and the western law is man-made sets of law. Unlike some areas of Islamic law, the sphere of the common law is subject to constant legal changes. Yet, the mutable nature of Islamic law is debated by Muslim jurists. This paper explores some common values between the legal principles of common Law and the doctrines of the general philosophy of Islamic law. The general philosophy of Islamic law was contrived to facilitate the legal changes in Islamic law in accordance with social changes and yet, unfortunately, Muslim jurists have failed to relate the principles of the general philosophy of Islamic law to the rapidly developing social realities of the modern digital world.

An outline of private international law in the branches of public international law

The author reviews the key aspects of using the norms of private international law in intergovernmental relations, development of the universal legal norms and methods in the conditions of globalization. It is noted that public and private international law differ in multiple parameters, particularly the method of regulation. Private law relationships are regulated by the national legislations, while public law relationships are regulated by international treaties, which can be expressed in form of agreements, customs, or tacit consent. consent form. The author underlines the importance of distinguishing between the sphere of private and public law, as well as proper application of the corresponding regulatory mechanisms. To research employs formal-logical, systematic, comparative, and other methods. The relevance of modernizing legal regulation of foreign economic activity is emphasized. The author notes that the norms that establish the procedure for regulating the behavior of private and legal entities have been included into the international law. The manifestation of this phenomenon can be seem in the international investment law (investment process), law of the sea (in the area of resource extraction). The future position of privately held companies in the development of lunar resources is being actively discussed. This phenomenon can be substantiated by the need to establish a unified rule of law for the activity of non-state actors in the corresponding branches of international law.

Problems associated with usage of “gray” electoral techniques and prevention of abuse of subjective electoral rights: thoughts in the lead-up to the State Duma Federal Assembly of the Russian Federation deputies

The object of this research is the legal relations in the area of exercising rights by parties and individuals, while the subject consists in the legal norms establishing the legal position of citizens and parties in the sphere of electoral law, as well as norms regulating the order of organization and electoral process in the Russian Federation. The goal of this article is to use a comprehensive interdisciplinary political-legal approach to determine problems in legal regulation of organization and process of elections in the Russian Federation, determine defective positions and gaps in the legislation, as well as make proposals on improving participation of parties in elections. The authors believe that in modern Russia the time for political transformation has already been lost, and we will see a drastic change of economic and then political elites. The only way to prevent forceful usurpation of power among other manifestations of extremism is to create environment and mechanisms for indiscriminant access to elections for a broad scope of sociopolitical powers through corresponding changes in electoral legislation. The proposed measures on improving legislation on deputy elections to the representative branches of government and local self-governance are aimed at prevention of abuse of subjective electoral rights (electoral mechanisms). Among them are countermeasures for usage of “gray” electoral techniques and creation of new legal regulation of participation in elections of collective political subjects (political actors) as parties, as well as increasing the role of non-parliamentary political parties in electoral process and revision of particular provisions of the right of party preferences.

Сельские территории и сельские поселения: правовая доктрина устойчивого комплексного развития

The author studies the essence of a rural territory and rural settlements as social and legal phenomena in the legal doctrine of sustainable complex development. This serves as a basis for understanding the rural life as an independent subject of the legal regulation of a specific circle of public relationships of rural settlements of the Russian Federation: economic, social, power, natural and environmental, historical and cultural relationships aimed at life support, life quality improvement, complex development of a settlement area and labor activities of the rural population, conditions for extended agricultural production, operations of private farm households and raising the efficiency of operations of government and municipal authorities in respect of implementation of the state policy related to the rural areas. To reach the set goal, the author analyzes federal and regional laws in the implementation of the state policy of social and economic development of rural territories and research works of famous scientists in this sphere of law. The paper singles out formal legal attributes, the aggregate of which creates a formula of such legal categories.

Border of Ethics and Law: A Critique of the Theory of “Denying the Entry of Law into the Scope of the Veil“ (Comparative Study of Islam, Iran, and Europe)

The decriminalization approach can be corrected in some individual or social dimensions. The dimensions of the veil are not limited to the individual scope and have many social effects, but the neglect of social effects and neglect of other dimensions are against the principles of Islamic law and can be criticized. The realm of law is not limited to the social sphere, and the individual and divine dimensions are not outside the sphere of law, and the entry of law into this realm is rationally defensible and is based on the correct drawing of the boundary between ethics and law; Accordingly, in this article, on the one hand, by presenting logical arguments for the entry of law into all necessary human relations, under the correct draw of moral and legal boundaries, criticizes arguments against entering the law in other cases to individual scope. On the other hand, as a violation argument, an attempt has been made to prove the entry of law into the subject of the veil by referring to and analyzing various domestic and foreign laws due to the social dimensions of the veil.

Problem of Legal Inheritance of English Medieval Borough: Borough Customs about Debt Obligations

This article is devoted to the problem of legal inheritance of the medieval English boroughs in the field of debt obligations (their regulation by borough customs). Usually this legal regulation was linked with the process of attachment, distress and further confiscation of property in case of default of a debtor. Borough customs organized everyday life of boroughs in due way and brought to life an element of “civilized approach” in the sphere of law. They minimized behavioral anarchy when collecting debt. In spite of the fact that in some boroughs the right of collecting belonged to a creditor, who could distress his debtor right in the street, nevertheless the process of distress wasn’t marked by a total legal arbitrariness. In many cases distress was prohibited inside the house in order not to brake its private space, and a debtor usually received a summon to appear in court (sometimes it was sent thrice). Attachment and subsequent trail provided a special legal procedure and its proper order in the actions of both plaintiffs and defendants, including their behavior before the Jury. Besides, after the sale of property on the account of debt, a defendant could (and often was obliged) initiate so-called replevin, that is return to himself a part of property (or its monetary expression) which had not been sold after cash coverage of debt. He had to initiate so called affidation (appeal to bailiffs through the court). At the service of the persons connected with debt obligations was also a custom of withernam, which provided a collective responsibility of borough community for financial “costs” of its members.

ТРАНСФОРМАЦІЯ ДЕРЖАВНОГО СУВЕРЕНІТЕТУ В УМОВАХ СУЧАСНОГО КОНСТИТУЦІЙНО-ПРАВОВОГО РОЗВИТКУ

The article deals with theoretical and methodological approaches to the essence of the state sovereignty in modern conditions of legal globalization and European interstate integration from the point of view of searching for effective means of complex legal modernization of society. The author analyzes the legal content of this category, shows its specific features, reveals the importance of the processes of improving the basic elements of social relations and constitutional modernization of society and the state in modern conditions of legal globalization and European interstate integration. The need for further improvement of constitutional and legal regulation of the most important social relations as a key direction of legal modernization of social relations in a modern democratic state based on the fundamental foundations of European constitutionalism is underlined. At the same time, at the doctrinal level, there is no doubt that the Constitution of Ukraine has a certain degree of almost all the well-known features of the world, in particular, the European, constitutions. Summarizing the above, we consider it necessary to highlight the following main formal and legal features of the Constitution of Ukraine, which is the fundamental ground for modern constitutional and legal reform in our state: 1) a special subject accepting (people's character); 2) the fundamental (institutional) nature; 3) stability is coupled with dynamism; 4) reality; 5) formal and legal properties: the Constitution – the Fundamental Law of Ukraine; its highest legal force; Constitution – the legal base of legislation; A special procedure for making and amending; Special content and structure of the Constitution; Direct effect of its norms. This list is not exhaustive, but in our opinion, it is optimal for defining the main tasks and principles of constitutional and legal reform in the current conditions of legal globalization and European interstate integration. Thus, with the improvement of the Constitution of Ukraine as the main source of constitutional law of Ukraine, it is necessary to focus not only on the modernization of certain institutions that regulate it, but also on the strengthening of its legal properties in general. In other words, the leading role of the Constitution in the system of sources of constitutional law of Ukraine is due to its inherent legal properties, ensuring their effectiveness in society and is a priority task of modern constitutional and legal reform. Thus, under the constitutional and legal reform, in today's conditions of legal globalization and European interstate integration, it is necessary to reform of the sphere of constitutional law directly as a leading national branch of law of Ukraine, the formally-legal improvement and improvement of the constitutional legal material at all its system levels, as provisions, institutions, sub-sectors and industry as a whole. It should also be noted that the subject and object of the branch of constitutional law varies in modern conditions under the influence of a whole range of objective factors of legal and political reality, in particular, it refers to the processes of legal globalization and intergovernmental integration, which, in turn, internally causes the emergence of new branches and subnets of national law, strengthening the internationalization of constitutional law and the constitutionality of international and European law, the adaptation of domestic constitutional laws and to basic European legal standards as a prerequisite quality of the constitutional and legal reform in accordance with objectively existing conditions of society. The need for further improvement of the constitutional and legal regulation of the most important social relations as the most important line of public power in the context of the perception of the European legal system by the national legal system of Ukraine

Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.

Więź emocjonalna ze zwierzęciem a dobra osobiste

Emotional bond with an animal and personal interests The paper looks at the legal consequences of a domesticated animal’s death in the sphere of private law. A prevailing view of the Polish doctrine excludes any claims aimed at monetary or non-monetary compensation of the harm suffered by an owner as a result of an animal’s death. Several recent cases concerning such claims, resolved by the Polish courts differently, have been criticized. In particular, most authors think that the emotional bond between a person and their animal cannot qualify as a personal interest protected by Article 24 of the Polish Civil Code. The article discusses critically the majority view and presents arguments in favor of a different approach to the civil law compensation for harm caused by a domesticated animal’s death.

ENSURING PHYSICAL AND MENTAL HEALTH OF ATHLETES BY THE LABOR LAW

The aim: To identify the problems of exclusion of athletes from the sphere of labor law; characterize the main precarious practices in sports that are contrary to labor law, that lead to injury of athletes. Materials and methods: The research materials cover the analysis of scientific literature, legal acts and jurisprudence; comparison; synthesis; generalization. Empirical methods related to the statistics processing of reports of international and regional organizations (ILO, EU Athletes, European Commission, FICA, FIFPro, United Nations) serve to combine and graphically display information in the field of sports. Conclusions: Precarious practices in sports are widespread; cover all athletes (from elite to non-professional); constitute a threat to the health and working capacity of athletes. A direct relationship has been revealed between the regulation of the labor of athletes and their physical and mental health. Failure to protect labor rights increases the risks of disability for athletes. The international community and national states should reduce the inclusion of the so-called “sports exemption” and create legal mechanisms for transferring the labor of athletes to the scope of labor law.

New terms in the information society: nominative characteristics

The paper deals with the issue of new terms in the information society. The authors consider the concepts of neologism, legal term and terminoid giving examples. The paper states that currently the process of neologization in the Russian-language legal discourse is characterized by the fact that one of the active sources of terminology are terminoids which initially operate in new fields of law and function for nominating innovative technologies in law. The authors mark two ways of appearing new terms in legal terminology with regard to the language of civil contracts. Focusing on borrowing as one of the most productive sources of replenishing legal terminology, the authors consider new lexemes connected with innovative concepts and digitalization. The paper shows the analysis of terminological units borrowed from the English language. The authors conclude that the current term system of both legal discourse in general and the sphere of civil law in particular is flexible, mobile, susceptible to previously unproductive ways of forming or borrowing terms, and even the use of terms with the preservation of English spelling, as well as metaphor terms.

Study of the development trajectory of the status indicator in employment in the context of digital transformation

Changes in employment status and rising unemployment are global and driven by rapid technological progress. The coronavirus pandemic also played a huge role, increasing the unemployment rate by 2-4% in different economies. The most declining industries are arts, culture and recreation; spheres of education, law and social, communal and state services; trade. Today, the fragmentation of employment up to self-employment and the spread of various forms of precarious work are clearly visible, and there is an inverse relationship between the share of self-employed workers and the GDP of their countries: in 2018, Burundi had the highest level of self-employment in the world - almost 95%. Arab countries posted the lowest self-employment rates at 1.7%. The emergence of new professions and employment profiles opens up a number of opportunities for the unemployed and the self-employed.

Legislacyjne rozwiązania w zakresie przeciwdziałania cyberprzestępczości w prawie podatkowym – wybrane zagadnienia

The development of new technologies, in particular programming tools and the world wide web, has initiated a number of adverse phenomena, also in legal systems of various countries, Poland being one of them. The coronavirus-induced pandemic is an additional factor that intensified life moving to the network. This article analyses the fragmentary topic of tax law violations with the use of both hardware and software and countermeasures taken and legal solutions introduced in the sphere of international, EU and national laws. The conclusions of this paper set out guidelines aimed at limiting the use of the Internet as the platform for committing tax law violations or cybercrime.

A legal analysis of labour dispute prevention and resolution under individual employment law in Zambia: Willard Mutoka v Chambeshi Water and Sewerage Company Limited (Comp. IRCLK/382/2018)

This case note is a legal review and analysis of Willard Mutoka v Chambeshi Water and Sewerage Company Limited, a Zambian case relating to a labour dispute under the individual employment law sphere. The authors/reviewers herein were retained as counsel for the respondent company in the matter in casu. Appreciating that Zambia has both individual and collective labour dispute prevention and resolution mechanisms, the authors/reviewers in consultation with all parties involved opted to pursue the alternative dispute resolution approach under the High Court for Zambia (Amendment) Rules, 1997 (Court-Annexed Mediation Order XXXI Rule 4), instead of litigation, resulting in the faster, cheaper and final settlement of the case in full satisfaction and accord of both parties as discussed hereinafter. Unlike arbitration awards which are conclusive and final, mediation agreements or settlements need to be registered in the courts for them to be recognised as binding.

Трудоправовые и социально-защитные аспекты Стратегии национальной безопасности Российской Федерации

The National Security Strategy of the Russian Federation, approved by Presidential Decree no. 400 of July 2, 2021, is the first strategic planning document in the history of modern Russia, which called the preservation of the people of Russia and the development of human potential a primary national interest and strategic national priority, and improving the quality of life and well-being of citizens is among the priorities. The scientific research of document that changed the paradigm of national security is just beginning. In the study, using a comparative historical methodology, an intersectoral analysis of the transformation of the labor-legal and social-protective component of the National Security Strategy is carried out, the timeliness of the changes is empirically proved on the basis of statistical data. In the course of the study, we develop a classification of tasks to ensure the implementation of state policy goals, depending on the degree of determination with the sphere of labor and social protection, creates the basis for intersectoral research on national security issues, improving current legislation and its application through the prism of constitutional guarantees in the social protection and labor law spheres. We substantiate the increasing role of social partnership, social solidarity, socially responsible business and the principle of respect for human labor as necessary conditions for the implementation of strategic plans to ensure national security for the preservation of the people of Russia and the development of human potential.

Evolution of the activities of states as reflected in legal and political Teachings

Evolution of the activities of states as reflected in legal and political Teachings

The Victims and the Sufficiency of their Rights in the Criminal Justice System

The question of victims’ rights in the criminal proceedings is one of the most discussed question in the sphere of criminal law in the recent years. According to Howard Zehr the restorative justice system is a system that look in a special way on crime, offender and victim. In this connection it should be also said that also Catholic church encourages models of restorative justice that seek to address crime in terms of the harm done to victims and community, not simply as a violation of law. Based on the key idea of restorative justice formulated by Howard Zehr, according to whom restorative justice is primarily a means of addressing the needs of victims of crime, it is undoubtedly possible to assume the central role of the victim within the restorative concept of criminal justice.