Standard Law Research Articles

Capacity Building for Puskesmas Health Workers in Compilation of Strategic Plans for Puskesmas Pulo Brayan

The Strategic Plan of the Pulo Brayan Health Center is still not by the standards of Law no. 25 of 2004 concerning the National Development Planning System. The purpose of community service is to increase the capacity of human resources for health workers in preparing the Strategic Plan at the Pulo Brayan Health Center. The activity was attended by 12 health workers from Pulo Brayan Health Center. The methods are in-depth interviews, focus group discussions, and workshops. At the workshop, the speaker provided material and continued with a discussion on the draft strategic plan. The results of the activity are that information and documents needed can be collected, public health problems in the working area of the Puskesmas are identified, problems in the process of preparing the Strategic Plan of the Puskesmas are identified and workshops can be carried out to increase the capacity of participants in formulating strategic plans. Health workers actively participate in discussions at each stage of the implementation of activities and are committed to drafting the Strategic Plan by the knowledge given by the speakers at the workshop.

Research on the Copyright Ownership and Protection of The Content Generated by Artificial Intelligence

With the strong entry of generative artificial intelligence represented by ChatGPT and others, new producers have emerged in the field of content products. The originality standards of traditional copyright law and the basic theory of anthropocentrism have been strongly challenged by AI generated content. Therefore, copyright law needs to respond to a series of copyright issues arising from the generation of content by artificial intelligence. This study aims to analyze the copyright ownership and protection issues of AI generated content, and provide ideas and solutions for the copyright ownership and protection issues of AI generated content on this basis.

Judicial protection of civil rights and legally protected interests in Ukraine

The article examines the concept of the right to judicial protection of civil rights and interests protected by law as one of the key categories in civil law. The normative-legal regulation of the right to judicial protection by national legislation is analyzed, in particular the consolidation of the concept of judicial protection in the provisions of the Constitution of Ukraine, the Civil Code of Ukraine and the Civil Procedure Code of Ukraine. Judicial protection is considered as one of the jurisdictional forms of civil protection. An important place in the system of judicial protection of civil rights and legally protected interests is occupied by the methods used in the judicial process and which ensure the effective resolution of civil cases. During the characterization of the list of protection methods established in the Civil Code, it was emphasized that the system of judicial protection methods is much broader, unlike other jurisdictional forms of protection. In the course of the characterization of judicial protection of the rights and interests of subjects of civil legal relations, the advantages of this form of protection were highlighted, including the presence of state guarantees that meet the standards of international law. However, at the current stage of the development of the civil justice system, the practical application of material and procedural norms related to the process of preparing and justifying the submission of an application to the court, the conduct of a judicial process, a number of shortcomings are observed, in particular, caused by the introduction of martial law in Ukraine, and which require the introduction of legislative changes for their solution. In the study, special attention was focused on trends in improving the quality of judicial protection of civil rights and interests. Within the framework of the implementation of the course of Ukraine's integration into the European Union, an important condition is the implementation of international standards and norms in the sphere of justice in the state. It is also noted that the improvement of the system of judicial protection of civil rights and interests is carried out depending on the successful implementation of the judicial reform, which is a large-scale complex of state measures aimed at building a modern, efficient and independent judicial branch of government in Ukraine.

The Jurisprudence of the European Court of Human Rights as an Instrument to counter the Rule of Law backsliding en National Legal Systems (Some Doctrinal Reflections)

The interaction between states and European interstate organizations has taken on a new dimension: through purely domestic doctrine the Rule of Law idea becomes standardised using European informal law-making. The current paper analyses how the European Court of Human Rights can modernise and develop the content of the Rule of Law. This paper offers two main contributions to theoretical legal thought. First, it pinpoints the necessity to conceptualise the meaning and content of the Rule of Law via the instruments of judicial interpretation. Being incorporated in every article of the European Convention, the Rule of Law is interpreted by the Strasbourg Court with the aid of a “living instrument approach”. Second, this article categorises the difference between two main structural levels of the Rule of Law: its principles and their requirements. This allowed the author to build a Rule of Law anti-backsliding “reference system” that is designed in a way that is directly based on judgments rendered by the Court. It is argued that this may be useful for state legal systems as through its jurisprudence, the Court has developed a robust framework for assessing whether a member state violates the Rule of Law standards. The suggested framework has been used to hold member states accountable for their actions and to prevent any backsliding of the Rule of Law in Europe.

Criminal liability of commanders for giving criminal orders on violation of laws and customs of war in the context of Russia's war against Ukraine

The article examines the issue of criminal liability for commanders' orders to violate the laws and customs of war in the context of Russia's war against Ukraine. The author establishes that criminal liability in this case is based on the command responsibility concept of the sources of international humanitarian law. It is proposed that Article 438 (1) of the Criminal Code of Ukraine should provide for liability not only for giving an order or instruction to violate the laws or customs of war, but also for the failure of a superior who became aware of such violations by his subordinates to take measures to stop them and to notify the competent authorities of the crime. Courts in their verdicts against commanders of the armed forces of the Russian Federation, when qualifying under Article 438 of the Criminal Code of Ukraine, usually do not incriminate such an act as giving an order, but rather impute a specific violation of the laws and customs of war committed by his subordinates. When qualifying the actions of commanders and subordinates, the qualification formula usually refers to Article 28 (2) of the of the Criminal Code of Ukraine. However, many verdicts do not contain such a reference. The proposal to recognize the state-political and military entities of the Russian Federation as criminal organizations was supported. The author notes the formation of a legal axiom in judicial practice of unconditional criminal liability for all military personnel of the armed forces of the Russian Federation who, as part of a criminal organization, commit violations of the laws and customs of war on the territory of Ukraine. Within this axiom, an irrefutable legal presumption is distinguished: all military personnel of the armed forces of the Russian Federation are aware and familiar with the laws and customs of war, which they violated on the territory of Ukraine, executing criminal orders of the military and political leadership of the aggressor state, and therefore, consideration of the actions of these military personnel through the prism of the existence of a factual circumstance that excludes the criminal unlawfulness of an act, such as the execution of an order or instruction, is inadmissible, which is in line with the standards of international humanitarian law. Key words: execution of an order or instruction, circumstance excluding criminal unlawfulness of an act, violation of the laws and customs of war, complicity, criminal organization, crime, criminal liability, qualification, court practice.

An HST Study of the Substellar Population of NGC 2024

We performed an HST/WFC3-IR imaging survey of the young stellar cluster NGC 2024 in three filters probing the 1.4 μm H2O absorption feature, characteristic of the population of low-mass and substellar-mass objects down to a few Jupiter masses. We detect 812 point sources, 550 of them in all three filters with signal-to-noise ratio greater than 5. Using a distance-independent two-color diagram, we determine extinction values as high as A V ≃ 40. We also find that the change of effective wavelengths in our filters results in higher A V values as the reddening increases. Reconstructing a dereddened color–magnitude diagram, we derive a luminosity histogram both for the full sample of candidate cluster members and for an extinction-limited subsample containing the 50% of sources with A V ≲ 15. Assuming a standard extinction law like Cardelli et al. with a nominal R V = 3.1, we produce a luminosity function in good agreement with the one resulting from a Salpeter-like initial mass function for a 1 Myr isochrone. There is some evidence of an excess of luminous stars in the most embedded region. We posit that the correlation may be due to those sources being younger, and therefore overluminous, than the more evolved and less extincted cluster's stars. We compare our classification scheme based on the depth of the 1.4 μm photometric feature with the results from the spectroscopic survey of Levine et al., and we report a few peculiar sources and morphological features typical of the rich phenomenology commonly encountered in young star-forming regions.

Judicial Interpretation and Competition Law Enforcement: Authoritarian Legal Culture, Semantic Dissonance and Skewed Agencification in Post-Socialist Croatia

Abstract This article argues that more than thirty years after democratic and economic transition, the legacy of authoritarian legal culture in post-socialist EU Member States limits the effectiveness of competition law enforcement. Concentrating on Croatia but mindful of the experience of other Central and East European countries that acceded to the EU in 2004 and 2007, we show examples of post-accession case law illustrative of excessive judicial formalism and disassociation between the legal norm and its socio-economic context in judicial interpretation. Also, we explain how the excessively stringent legal standard of proof for cartel agreements, established by Croatian courts post-accession, indicates an incomplete semantic alignment with EU competition rules. Furthermore, we discuss the difference in legal cultures between the judiciary and the competition authority by using the notion of “skewed agencification” and show how slow reception of EU competition law standards by the judiciary adversely impacts the enforcement of competition rules.

How to regulate minimum wage in light of contemporary social change: A case study of Slovenia

Minimum wage stands as a fundamental right for workers and one of the oldest and most universal labour law standards in the world. Understanding the impact of labour market changes, demographic trends, and migration on minimum wage regulation could offer valuable insights into the future development of labour law institutes. This study focuses on how these trends affect the basic legal concept of the minimum wage and how they are affected by the legal regulation of the minimum wage. It draws upon a case study of minimum wage regulation in the Republic of Slovenia, with particular focus on social dialogue. In Slovenia, the minimum wage is legally determined, granting all employed individuals the right to receive it without differentiation based on domestic or foreign employment and irrespective of age. The right to a minimum wage has also been extended to cover certain non-standard forms of employment. An analysis of the minimum wage framework in Slovenia has shown that, even in the changed landscape of the labour market, traditional labour law institutions remain an important civilisational achievement and value.

THE CONCEPTION OF THE PRINCIPLES OF MUNICIPAL LAW

The article examines the problems of defining the principles of municipal law as a branch of Ukrainian law. The phenomenology of municipal law is studied in the context of its genesis, development and understanding of the principles of municipal legal regulation. It is proven that the formation of the modern domestic municipal legal doctrine has set scientists a number of conceptual tasks, the solution of which depends on the effectiveness of rethinking the essence, content (system) and functions of municipal law as a branch of law. One of these tasks is the final rejection of the dogmatic vestiges of Soviet jurisprudence, which is firmly rooted in the domestic municipal legal doctrine. First of all, this is manifested in the penetration of many principles and archaic stereotypes inherent in the theory and practice of Soviet state law into the matter of municipal law. According to the author, a qualitatively new vision of the nature of municipal law mainly depends not only on the correct definition of the subject and method of municipal law, but also on the principles of municipal law. The content and methodological approaches to the formation of the updated system of principles of municipal law in Ukraine are determined not only by the radical transformation, modernization of the Ukrainian state, its apparatus on democratic principles, decentralization of state power, but also by the processes of the formation of the European model of local self-government and municipalism in Ukraine, the realization of municipal human rights and the formation of a local system of their protection. It is proven that the transformation of the field of municipal law of Ukraine in the context of the decentralization of state power radically changes the entire legal system of the state and fundamental branches of law (first of all, constitutional and administrative law) and objectively requires the definition of the content, meaning and outline of the foundations of the formation of a new system of principles of municipal law. The conceptual principles of updating the system of principles of municipal law of Ukraine need to take into account the unified principles and standards of municipal law developed by European municipal legal doctrine and practice. This is a necessary step in overcoming the doctrinal gap in the development of the guiding ideas of the industry, its values, guidelines, which act as a kind of «framework» of the field of municipal law and determine the logic of the development of the system of legislation on local self-government.

Maqasid Al-Shari’ah is a Divine Shield of Islamic Policy

Shari’ah is the divine law for human beings to regulate their lives according to the will of God. In academia, it became a central focus for a large number of Muslim and non-Muslim scholars. Some considered it revealed law while others considered it a Juristic extraction of law known worldwide as jurisprudence. But it is obvious it is divine in nature as elaborated by Muslim scholarship as per need and requirement for human welfare. In the contemporary era under the influence of secular teachings, the Euro-centric scholarship cogitates it as a private affair but relevant to some issues of Muslim life called personal law affairs and rituals but, Muslim scholarship considered standardized law related to all affairs of life from polity to justice so as to achieve nearness of God (taqwa). It is noteworthy that, though Ghazali codified Maqasid al-Shari’ah within five objectives, other scholars included other necessary aspects that govern all affairs of human life, so that no one will be ill-treated. They uphold that it is a human welfare methodology that necessarily, safeguards human interests at local and international levels and makes it incumbent to regulate Muslim life through inclusive and exclusive methods on a priority basis.

Reining in Pegasus: The Oversight of the Spanish Intelligence Service in the Catalangate

The Pegasus spyware case, revealed in July 2021, also impacted Spanish politics when a report produced by Citizen Lab denounced that Catalan independentists had been surveilled using this software. The scandal — known as Catalangate — highlighted the need for a thorough audit of these surveillance capacities in the hands of the Spanish intelligence service. Using Catalangate as a case study, this article analyses whether Spanish mechanisms for controlling the surveillance capacities of the National Intelligence Centre (CNI) have followed the procedures established in Spanish legislation. Our conclusion is that the Spanish control system worked effectively. When the Parliamentary committee was unable to fulfill its duties, another actor within the democratic system, the Ombudsman, filled that gap. Secondly, the article analyses if Spanish control mechanism meets the more recent standards of case law from the European Court of Human Rights (ECHR), and the Court of Justice of the European Union (CJEU). This case law emphasises the importance of procedural guarantees for legitimising both bulk and targeted surveillance procedures, showing the need for potential improvements in Spanish regulations.

Cosmic expansion and Noether Gauge symmetries in [formula omitted] gravity

The present work explores different evolutionary phases of isotropically homogeneous and flat cosmos filled with dust fluid in non-minimally coupled gravity. We consider different models of this gravity to discuss the presence of symmetry generators together with conserved integrals using Noether Gauge symmetry scheme. In most of the cases, we obtain temporal and scaling symmetries that yield conservation of energy and linear momentum, respectively. In the absence of contracted Ricci and energy–momentum tensors, we obtain maximum symmetries but none of them correspond to any standard symmetry or conservation law. We formulate exact solutions and construct graphical analysis of standard cosmological parameters. We observe realistic nature of new models via squared speed of sound, viability conditions suggested by Dolgov-Kawasaki instability and state-finder parameters. We investigate the behavior of fractional densities and check the compatibility with Planck 2018 observational data. The new models are stable and viable preserving compatibility with ΛCDM and Chaplygin gas models. It is concluded that most of the solutions favor accelerated cosmic expansion.

The Common Core of the Fundamental Standards of International Humanitarian Law and International Human Rights Law

Abstract The presented paper discusses the convergence of international humanitarian law and international human rights law in armed conflicts. International human rights law and the human rights law converge and interact with each other because natural law is at the core of both these disciplines of public international law. Although international humanitarian law is a lex specialis, the general rules regarding the interpretation of treaties clearly indicate that international human rights law must be interpreted in the context of other rules of international law, and its possible derogations must be compatible with other international obligations of the state, including humanitarian law. In the event of a conflict between international humanitarian law and international human rights law, the mechanism for resolving conflicts between the standards was supplemented by an interpretation based on the principle of ‘system integration’ of the International Court of Justice which results in the ‘humanization’ of international humanitarian law. The evolution of the case-law of the European Court of Human Rights, which takes into account the international humanitarian law as the reference norm that should be referred to, demonstrates the close relationship between these areas of law. In the case of the application of universal and regional instruments of international human rights law, we are dealing with the ‘humanitarianization’ of these rights.

Corporate Accountability by Treaty: The New North American Rapid Response Labor Mechanism

For several decades, civil society has sought to impose greater responsibility on companies for cross-border social wrongs. Multiple legal subfields and initiatives have emerged to take on this work: corporate social responsibility (CSR); business and human rights (BHR); responsible business conduct codes; environment, social, and governance (ESG) standards; and corporate due diligence schemes, among them. These many projects have culminated in national legislation across a range of jurisdictions imposing reporting and compliance requirements on companies, as well as in the development of soft law standards. Despite these efforts, international treaty initiatives to create binding obligations on companies and to require them to adopt certain human rights principles have made limited progress.

Stages and main tasks of the century-long control theory and system identification development

The article provides a review of the mathematical description of the dynamics of continuous and discrete linear stationary systems and objects, used at the development stage of the classical theory of automatic control in the form of mathematical models of the «input-output» type. The time and frequency characteristics of continuous and discrete control systems are described, typical links of stationary systems are considered, parametric discrete models of objects as part of typical digital control loops are presented. Stochastic discrete autoregressive models of stationary time series used to describe the dynamic objects in the synthesis of digital control systems are considered. A review of standard control laws for the implementation of continuous and discrete controllers has been completed. A method for synthesizing discrete controllers for multidimensional controlled objects with different, unknown and changing delays is considered, through which variable delays are compensated in the characteristic equation of a closed-loop control system. A common technique for synthesizing one-dimensional and multidimensional controllers for stochastic objects with delays based on ARMAX models is considered. An analysis of approaches to identifying delays in controlled objects is carried out and a method for identifying delays when using input-output models is considered, based on the calculation and comparison of impulse responses for extended and non-extended models of the controlled object. An analysis of the advantages and disadvantages of «input-output» type models is given, as well as the possibilities of their application for solving various classes of control theory problems.

Zasady prowadzenia dialogu społecznego na gruncie postanowień (zrewidowanej) Europejskiej Karty Społecznej

Principles of social dialogue based on the provisions of the European Social Charter (revised) The European Social Charter (both in initial as well as revised version), as one of the most important legal acts regulating the standards of labour law, contains a number of provisions that regulate the principles of social dialogue. The Charter imposes an obligation to encourage joint consultation between workers and employers; supporting the mechanisms of voluntary negotiations between employers or employers’ organizations and employees’ organizations in order to regulate employment conditions through collective labour agreements; supporting conciliation mechanisms and voluntary arbitration for settling collective disputes. The provisions of the Charter also regulate the right of employees to be informed and participate in consultations regarding the employer’s situation. The standards of social dialogue included in the European Social Charter constitute a comprehensive solution that can be a point of reference for the analysis of national solutions. They are also an indicator of changes that should be introduced to the national labour law system in order to create a strong basis for dialogue between social partners.

Wave Velocities and Poisson Ratio in a Loose Sandy Martian Regolith Simulant Under Low Stresses: 1. Laboratory Investigation

AbstractWave velocity measurements were performed on Fontainebleau sand samples used as a Martian regolith simulant to investigate the elastic properties of the surface material at the InSight landing site on Mars (Elysium Planitia). Loose samples (density 1.4 Mg/m3, density index 6%) were prepared by using the pluviation method to mimic the low regolith density at the InSight landing site. A novel device derived from triaxial testing was designed to measure wave velocities at low stresses along a horizontal cylindrical specimen. Four tests were made, in which the confining stress was applied by applying a vacuum between 1 and 80 kPa. Wave velocities were measured by using bender elements under stresses as low as 1.75 kPa, a very low value compared to the standard stress ranges generally considered in terrestrial geotechnics (>10 kPa). The changes in compression and shear wave velocities obey a standard power law, with two slightly different exponents for Vp and Vs, indicating a not perfectly elastic behavior. Data showed greater variability below 5 kPa, indicating some limitations of the bender element technique in this range. A slight decrease in Poisson ratio was detected below 5 kPa, which certainly deserves more investigation. This investigation is useful to better analyze the data of the InSight mission, both in terms of wave propagation at the surface and to interpret some in situ elastic tests carried out with the scoop. These data are interpreted in the light of a granular contact mechanics theory in a companion paper.

Climate change, costs, or jobs: How policymakers frame state clean energy laws

Renewable portfolio standard (RPS) laws are among the most important climate change policies, requiring a minimum percentage of electricity from clean energy sources. From 2015–2022 in the U.S., eleven states enacted 100 % RPS laws and seven others strengthened their targets. This study examines the issue framing behind these recent RPS laws, which reflects and affects the political context surrounding the policies, people's views, and support among stakeholders. Through coding of policy documents, the study evaluates how policymakers have framed the policies, differences in framing between states with 100 % and non-100 % RPS targets, and variation in framing connected with political party and partisan votes. Surprisingly, given recommendations in the literature to downplay climate issues and emphasize economics, lawmakers predominantly framed 100 % clean energy laws based on climate change. Policymakers that adopted non-100 % RPS laws utilized less climate framing and garnered more Republican Party legislator votes. The results indicate a distinction in framing between more modest and ambitious climate policies, raising a question about the applicability of recommendations urging minimization of climate messaging to transformative climate and clean energy policy efforts. Depending on political conditions, climate framing may be effective for ambitious energy approaches.

PRINSIP PROPORSIONAL PERTANGGUNGAN GANTI RUGI DALAM PERKARA WANPRESTASI AKAD MUSYARAKAH (Analisis Putusan Mahkamah Agung RI Nomor 624 K/AG/2017)

This research explores the law consideration used as the foundation of the appearance of the obligation of compensation due to default in the musharakah verdict agreement. In practice, the bias between Islamic and conventional banks often occurs, especially regarding the musharakah agreement, which is sometimes interpreted as a debt agreement, as commonly occurs in traditional banks. Using a normative law research approach, the writer analyzes the internal works of law standards by using decisions of the first level of Religious Courts judges and the cassation level as the object. Based on the analysis, there are two types of law approaches of the judges: formal justice and substantive justice. The judges at the first level of the judiciary used a traditional method by comparing the sound of agreement and the facts of the court. Meanwhile, the substantive justice approach was taken from the cassation level judges who consider not only the agreement's validity but also the agreement's substantial. In this case, the judges on the cassation level managed to explore the substance of equality and partnership principles in the Musharakah agreement. Considering the precautionary principle in the implementation of financing by Islamic banking and the legal relation between the participants of the musharakah agreement, the deficiencies in this agreement will be burdened to each party as the fund deposited proportionally. This research contributes to the conflict resolutions of the Musharakah agreement proportionally

Cybersecurity In The Age Of Artificial Intelligence – Who Should Be Culpable?

The age of the AI has come in hurtling and it has become difficult for law makers to keep pace. At the same time, unbridled by legislations, criminals in the cyber space are using these Artificial Intelligence tools. The instances of ChatGPT’s use in writing academic articles to morphing pictures of people, the degree of seriousness is high. Another incident was the use of morphed pictures of a celebrity couple’s child for disseminating fake news. The lines of reality and morphed is blurring to an extent that the line is very unclear and hence it is essential that proper laws are put in place to identify and assign culpability to the use of AI for criminal activities. Although the AI applications are guided by moral codes, the said moral codes would be guided by the developer’s morals and hence the question of standardized laws, ethics and morals would arise here. While the debate around AI and intellectual property rights have been on the round for some time and Courts in certain jurisdictions have already deliberated on it, the question has shifted to criminal culpability in case of hacking, creation of photos that falsify evidence, publication of pictures of individuals that have been digitally altered via AI, etc. The question that arises is who is in control of the actions of the AI, since the creator of the AI is not always the person who is involved in criminal activities that are affected through the AI. Also, would a standard code of ethics be able to govern the AI’s functioning successfully?