State Legal System Research Articles

Political Conceptions of the Solution of the State-Legal Status of Bosnia and Herzegovina During the First World War

The major global geopolitical processes that took place on the world political scene during the twentieth century did not pass by Bosnia and Herzegovina, which, due to its importance, was often the target of Serbian and Croatian large-state policies that sought to annex it. The fact that even some Muslims fell under their influence shows how pronounced these projects were. Accordingly, it is especially important to thematize the period of the First World War, as a time when the epilogue of the future state-legal system of Bosnia and Herzegovina was quite unclear. The administrative conceptions foreseen for Bosnia and Herzegovina were lined up one after another from the neighborhood, but there were also those devised among the domestic political elite, which indicates the complexity of the issue of Bosnia and Herzegovina in the latter period. In this paper, we deal with different conceptions in the context of the solution of the state-legal status of Bosnia and Herzegovina during the First World War. The main assumption is that the political destiny of Bosnia and Herzegovina in the mentioned period was determined by external circumstances and the situation on the war front, and that Bosnia and Herzegovina did not wonder too much about its destiny. According to the context, we will chronologically analyze different state-legal concepts, and how they are accepted within Bosnia and Herzegovina.

Публично-правовая ответственность: оценка современных взглядов в контексте утверждающегося в конституционной практике инновационного подхода

The postulation of the modern state as legal at the same time means the ability of a citizen to make public legal claims to the government as a whole and its power institutions. In relation to modern Russia, the problem of legally correct (responsible) behavior of the state and the entire system of public authorities in relations with citizens is fundamentally new. For a long time, the prevailing ideology of immunity of the state and other powerful public legal structures from responsibility turns out to be very «tenacious» in relation to new state-legal realities. Accordingly, the problem of responsibility of the state and public authorities for the violation of fundamental human and civil rights and freedoms in the specialized literature is considered mainly in the context of positive legal (political) responsibility outside of protective and coercive tools. It is obvious that overcoming views rooted in theory and practice predetermines the formation of a well-established mechanism of legal responsibility of public authorities in the state legal system as the most important guarantee of constitutional and legal protection (and protection) of fundamental rights and freedoms, countering corrupt behavior of public law officials, and the formation of trust in government institutions in society among the broadest segments of the population. The study of the problem of public liability in this sense is indeed one of the priorities of modern legal science, is a kind of its response to the challenges of the developing constitutional practice of modern Russia.

The Characteristics of the Institution of Crime Victims According to International Legal Acts

Criminal action against the victim is the basis for the universally recognized protection of human rights, strengthened by international instruments, and the neglect of all other rights and freedoms. Criminal action against the victim (crime victim) leads to a violation of the honor and dignity of a citizen, damage to physical and mental health, and breach of fundamental human rights and freedoms. To ensure the restoration of his/her violated rights, a legal mechanism shall be established to actively participate in justice and better protect his/her legitimate interests. Protection of the interests and rights of natural and legal persons affected by crime is declared as one of the main objectives of the state legal system of Georgia. The purpose of the study is to review and analyze international acts and the basic principles and recommendations, the consideration and implementation of which in the national legislation will contribute to the realization of the rights of the victim (victim of crime) and the full protection of his/her legal interests. The legal basis for prioritizing the interests of victims, rights, and freedoms is the acts of international law, including the Universal Declaration of Human Rights (1948), the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), the International Pact of Civil and Political Rights (1966), Declaration of the Fundamental Principles of Justice for Victims of Crime and Abuse of Authority (1985), EU Charter of Fundamental Rights (2000), Framework Decision of 15 March 2001 on the status of victims in criminal proceedings adopted by the Council of the European Union (other legal acts of the European Union and the Council of Europe), Decisions of the European Court of Human Rights.

Building a New Ideology in the conditions of a Transitional State-Legal System (the Case Study of the Russian Republic in February — October 1917)

The paper presents the author’s point of view regarding the spiritual sphere of Russian society, changes in which were caused by the crisis resulting from the revolutionary events of February 1917, and the related experience of building a new ideology in the conditions of the transitional state law system in the Russian state in March-October 1917. The author, based on the study of a wide range of sources, critically analyzed this experience and made a number of conclusions: such construction in the conditions of permanent spiritual crisis was difficult and it was conditioned by a set of factors, namely, political, socio-economic, cultural-religious, etc. The author’s analysis of this experience was based on the study of a wide range of sources. The state of a state law anomie, that can rightly be considered one of the characteristic features of the transitional state-legal system, was the result of a deep spiritual, religious, ideological, cultural conflict that emerged, starting from the first days of the formation of the «new» Russian state, and the resulting spiritual vacuum and situation of ideological and religious uncertainty. The changing position of the Russian Orthodox Church in relation to the new bourgeois government and its reformist plans due to the political situation also contributed to the deepening of the spiritual crisis in Russian post-revolutionary society. The emphatically indifferent position of the Russian clergy towards the Provisional Government once again emphasized the unpopularity of its decisions in the eyes of society, deprived its projects of ideological support. Thus, this contributed to the loss of the government’s authority among the population. Under such conditions, all attempts of the central government to form a new post-revolutionary bourgeois-republican ideology were unsuccessful.

Comparative legal analysis of the Ombudsman institution of Kazakhstan and Turkey for compliance with international documents

The purpose of the article is to comparatively reveal the structure and activity of the ombudsman institute in Kazakhstan and Turkey and evaluate it in terms of international standards. In this context, the compliance of the ombudsman institutions of the two countries with the international documents, which regulate the status of national human rights institutions, was studied. The normative basis of their duties and powers, and international standards, will be examined, and if there are any shortcomings, they will be identified and recommendations will be made on what to do to improve them. In order to protect human rights and freedoms, the importance of the ombudsman institution in the society and its place in the state legal system was analyzed. Additionally, the status of the ombudsman institution, the order of creation and appointment to the position was studied. The requirements and duties of the ombudsmen of the two countries were shown. It was also determined that the norms of the internal legislation of the two states regarding the institution of ombudsman correspond to the principles of Paris and Vienna. In this context, proposals were made to improve internal legislation. To conduct scientific research work, the national laws were studied such as “On the Commissioner for Human Rights of the Republic of Kazakhstan” dated November 5, 2022 and the Law “On the Ombudsman Institute” of Turkey dated June 29, 2012. Result of the research work, some inconsistencies were obtained with international standards in the laws governing the activities of the ombudsman institution.

Правовой инфантилизм как явление современной правовой реальности

Introduction. Legal infantilism being one of the varieties of legal conscience deformation is characterised by insufficient legal knowledge and the lack of well-defined legal attitudes. It has been widely spread throughout the world in the XXI century and can be defined as a social pandemic. Despite the fact that legal infantilism, along with legal nihilism and legal idealism is more frequently described in Russian scientific and educational publications and has become a matter of concern in court proceedings, so far this socio-legal phenomenon has not received proper attention in legal science. Methods. The methodology of the research of legal infantilism as a phenomenon of modern legal reality is based on dialectics. The main methods of the research were the principle of comprehensive study of legal processes and phenomena, the principles of unity of theory and practice, consciousness and activity, the principle of determinism. The research was carried out on the basis of system and value approaches. Methods of integrity and retrospective analysis made it possible to determine the development of the research topic, to identify the ideas of various scientific areas concerning the determinants of the formation of legal infantilism, its characteristics and manifestations in modern Russia during the historiographical analysis. The sociological method was an important one, it enabled to characterise the subjects - bearers of legal infantilism. General scientific (analysis, synthesis, generalisation, abstraction, historical) and special (historical-legal, interpretation of normative legal acts) methods were used. Results. Legal infantilism is examined as the manifestation of legal conscience deformation being a type of social infantilism. The paper defines the prerequisites for the development of legal infantilism, its distinctive features. It gives examples of manifestation in everyday, professional and scientific activities; and reveals the peculiarities of legal infantilism of the youth as a special social group. The study reveals the need for a comprehensive scientific analysis of legal infantilism as a phenomenon of modern legal reality, as the result of a gap or insufficient systematic assimilation of legal norms and legal values by an individual and a social group. It is proved that legal infantilism is a threat to the progressive development of the state and society, in this regard, in the context of determining the ways to improve the state-legal system of modern Russia, legal infantilism should be considered as a public danger.

Legal reservations in fulfilling the purpose of the European principle of legal certainty on the example of Ukrainian legislation

The relevance of this study lies in the fact that the legal systems of states that recognise and enforce the rule of law are increasingly subject to integration influence: the general requirements of rule-making are unified and ensured by the common obligations of the member states of international communities. The purpose of this study was to conduct a logical and legal analysis of legal reservations as a means of designing (constructing) legal norms to fulfil the purpose of the principle of legal certainty in national legislation. The study employed various methods of scientific cognition, including axiological, analytical, systemic, special legal, hermeneutical, logical, modelling, etc. The use of these methods has provided the basis for the scientific hypothesis regarding the composition of the principle of legal certainty and the nature of legal reservations. The study summarised that the principle of legal certainty as a component of the rule of law is based on the concept of predictability, which is achieved by ensuring clarity, unambiguity, and comprehensibility of legal provisions, and completeness of their content in the normative forms of national legislation. It was found that the requirements of the legal certainty principle can be met by applying a unified technique of rule-making, structuring, and formulation of regulatory provisions, where legal reservations are given a significant importance. The study identified and characterised the crucial features of legal reservations through understanding them as an element of rule- making technique in fulfilling the purpose of the European principle of legal certainty. The study outlined the essential properties of legal reservations and general requirements to them. The legal reservations are defined in the rules of law of national legislation as an element of rule-making technique, the content of which is determined by the social purpose of law. The study proved that they take the form of linguistic constructions, specify the purpose of a legal provision and the limits of its effect, and ensure the accuracy and predictability of a regulatory prescription. The findings of this study are of practical significance, as they can be used in research – for further investigation of topical issues of rulemaking technique, in lawmaking work – in the development of regulations

Customary Governance and State Legal System in Nepal

Indigenous governance systems are sui generis judicial, administrative, economic, and political systems for exercising authority and upholding the Indigenous governance system of Indigenous peoples. Those institutions help them to realize self-government, autonomy, and self-determination as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples inter alia other legal instruments. In Nepal, the 2015 Constitution opened up avenues for the de jure acceptance of the Indigenous customary governance system at the local levels. De facto recognitions were in place for a long time at the local level despite national laws’ reticence and prejudice. This article looks into the convergent and divergent between customary governance and “nation-state” governing procedure and evaluates the long-term effects on self-rule, autonomy, and self-determination of Indigenous Peoples while interfacing with the contemporary state mechanisms. The indigenous worldview and inclusion/exclusion perspective is the theoretical/conceptual lenses for analyzing the phenomenon in this study. Talking circles, key informant interviews, focus group discussions observations, informal conversations, and participation in periodic assemblies of customary institutions were the strategies of data gathering. Despite the nonrecognition of federal laws, local governments in some parts of the country initiated recognizing customary governance. However, such initiatives, instead of allowing them to operate independently and guaranteeing self-determination, self-rule, and autonomy as the indigenous peoples’ movement demanded at the time, tended to subordinate and bring the customary governance system under the control and jurisdiction of the state law. That will be detrimental to the functioning of Indigenous political institutions in the long run.

Użycie bezzałogowych statków powietrznych w celach bojowych. Wybrane aspekty prawne i medyczne

The COVID-19 pandemic has led to a decrease in human contact and a shift towards cyberspace, resulting in the rapid growth of the IT sector and advancements in engineering using IT solutions. This global phenomenon has also caused the collapse of the world economy and increased tensions. In 2022, the largest armed conflict in European history since World War II occurred due to the actions of the Russian Federation. The article focuses on the alignment of legal regulations at domestic and international levels regarding the use of combat drones. The main thesis confirms the assumption that legal systems of states and organizations are ill-prepared for the use of combat drones. The consequences of using these devices in the medical field are examined to support this thesis. The goal of the article is to present legal solutions that prioritize the protection of life and health. The cognitive value for practice is related to the unification of the conceptual framework and focus on transnational norms that can be used in the fields of both law and medicine. By definition, the article has an international scope due to the problems discussed.

“Indigenous peoples, Business and the state: from the experience of legal regulation in the Russian arctic”

This article examines the role of the Commission on Legal Pluralism and one of its founders, Keebet von Benda-Beckmann (1946–2022), to whose memory I dedicate this analysis of the development of legal anthropology in Russia. In the article, I focus mainly on the indigenous peoples of the North of the Russian Federation. Legal pluralism methodology is important for the rights of indigenous peoples in modern Russia from various perspectives. Introduction to the work of the Commission on Legal Pluralism has been an important step in the formation of an interdisciplinary field of legal anthropology in Russia. Keebet von Benda-Beckmann played a major role in this process, and was involved in the 11th International Congress on Customary Law and Legal Pluralism, which was held in Moscow in 1997. Interdisciplinarity has become a defining trend in the study of the legal status of indigenous peoples in legal anthropology, both for the creation of special legislation and for the protection of indigenous rights. There has also been a significant turn in academic discourse from the study of customary law as a traditional law that existed in the past to the study of it as a regulator of the contemporary life of aboriginal and other communities. Field research in recent decades in the Russian Arctic confirms the need to emphasise the role of the state and globalisation when analysing the legal situation of indigenous peoples in the context of legal pluralism. In this article, two cases are analysed. The first is the development of the Russian Federation Standard on Social Responsibility for Business in the Arctic 2020, with which I was directly involved. My task as a legal anthropologist was to prepare a document that combined international law, national legislation, business standards and regulations, and the customary law of indigenous peoples of the North. The second case is related to the analysis of the regional legislation of the Republic of Sakha (Yakutia) concerning nomadic peoples, and consideration of indigenous customs and traditions in the state legal system. The importance of this perspective for the protection of the rights of these peoples is recognised in the decision of the Constitutional Court of the Russian Federation in response to the complaint filed by Gennady Shchukin, a representative of the Dolgan community of Krasnoyarsk Region, relating to the value of customary law in the regulation of hunting. Such judicial practice is rare, but it is of great importance in determining the status of indigenous peoples in the eyes of the state. This article deals with the possibility of taking into account the customary law of small indigenous peoples of the North based on documents adopted before 2022.

Comparative Analysis of Abuse in Online Games Between University Students With and Without Disabilities

Objective: The objective of this study is to investigate the relationship between corporate social responsibility and tax aggressiveness, with the aim of looking at the firmness of the relationship. Theoretical Framework: This study aims to examine the strength and reliability of the connection between corporate social responsibility (CSR) and aggressive tax dodging actions through the utilization of a meta-analysis methodology. Method: The quantitative method used is a meta-analysis approach of 61 studies and 228 observations. Results and Discussion: The results of this study found a firm relationship between corporate social responsibility and tax aggressiveness. Through a meta-analysis, the results of the negative relationship between CSR and tax agressiveness were obtained. The next result was to confirm that the heterogeneity of previous research results related to CSR, and tax agresiveness was due to the diversity of CSR measurement strategies and characteristics of the state legal system. Research Implications: This research has provided input into the fields of accounting and taxation by giving confidence in the relationship between aggressive tax behavior and the existence of disclosures of social responsibility Originality/Value: This research is one of several studies using a meta-analysis approach. Different from other topics raised using this approach, in this research, the emphasis of the study is on the disclosure of CSR, which is correlated with the degree of the tendency of aggressive tax behavior or activities. The study also uses moderators that have not been used in previous meta-analysis studies, namely state law characteristics.

Trends in corruption and shadow economy in European countries

Corruption and the shadow economy are among the most pressing issues facing European countries. These phenomena significantly impact the socio-economic development, political stability, and legal systems of states. The purpose of the paper is to analyze the trends of corruption and the shadow economy in 34 European countries over the period from 2010 to 2022. The research employed tools such as grouping, comparison and generalization methods, time series analysis, and descriptive statistics calculations. Calculations were based on World Bank data using StataSE 18 software. Analyzing the standard deviation, minimum, and maximum values of corruption and shadow economy indicators identifies the most variable indicators: the indicator of primary government expenditures as initially approved budgets and the corruption perception index. It was found that despite the implementation of numerous anti-corruption reforms and regulatory measures, countries such as Albania, Moldova, Ukraine, and Bulgaria continue to face high levels of corruption, as evidenced by their low corruption perception index levels. The main reasons for this included weak enforcement mechanisms, gaps in accountability, and low levels of transparency in public administration. The least corrupt European countries were Denmark, Norway, Finland, Switzerland, and Sweden. This research observed high levels of the shadow economy in Ukraine, Cyprus, and Moldova, while Denmark, Norway, and Sweden demonstrated the lowest levels. The results of the study can be used to develop organisational and economic measures to combat corruption and the shadow economy by public authorities, business entities and other economic agents, which is important for the economic growth of European countries.

Meta Analysis of The Relationship Between Corporate Social Responsibility and Tax Aggressiveness

Objective: The objective of this study is to investigate the relationship between corporate social responsibility and tax aggressiveness, with the aim of looking at the firmness of the relationship. Theoretical Framework: This study aims to examine the strength and reliability of the connection between corporate social responsibility (CSR) and aggressive tax dodging actions through the utilization of a meta-analysis methodology. Method: The quantitative method used is a meta-analysis approach of 61 studies and 228 observations. Results and Discussion: The results of this study found a firm relationship between corporate social responsibility and tax aggressiveness. Through a meta-analysis, the results of the negative relationship between CSR and tax agressiveness were obtained. The next result was to confirm that the heterogeneity of previous research results related to CSR, and tax agresiveness was due to the diversity of CSR measurement strategies and characteristics of the state legal system. Research Implications: This research has provided input into the fields of accounting and taxation by giving confidence in the relationship between aggressive tax behavior and the existence of disclosures of social responsibility Originality/Value: This research is one of several studies using a meta-analysis approach. Different from other topics raised using this approach, in this research, the emphasis of the study is on the disclosure of CSR, which is correlated with the degree of the tendency of aggressive tax behavior or activities. The study also uses moderators that have not been used in previous meta-analysis studies, namely state law characteristics.

Uttar Pradesh Police: Reforms and Employment Status

An essential part of the state's legal system is the police force. Most people associate the word "police" with state personnel whose duty it is to maintain order, especially when it comes to the ordinary application of the penal code.More than just keeping the peace and catching criminals, today's police officers also help with traffic laws enforcement, crowd control at events like rallies and fairs, supporting emergency services like the fire department and flood rescue teams, and mediating small disputes between members of the public. An essential component of the state's justice system is the police. The word "police" mostly refers to state employees whose job it is to uphold law and order, particularly through the execution of the regular criminal code. In addition to preventing crimes and apprehending offenders, police officers nowadays also assist with other welfare tasks such as assisting with traffic regulations, managing crowds at public events and meetings, supporting fire departments and flood rescue teams, and assisting members of the public in resolving small conflicts.

Historical background of the law enforcement bodies development of the USA, Great Britain, and Ukraine

The article is devoted to the study of the historical formation of the law enforcement system of the USA, Great Britain and Ukraine on the basis of a comparative legal analysis of the key stages of the law enforcement agencies genesis.
 It is proved that the formation of the system of law enforcement bodies in a certain state is determined by the peculiarities of the state-legal system of this state and existing historical events, which became a trigger for changes both in regulatory and legal regulation, and in the implementation of the tasks of law enforcement bodies in practice. The choice as a basis for the analysis of the historical development of the law enforcement system of countries such as Ukraine, the United States of America, and Great Britain derives from one factor, namely the form of the state system, since, in our opinion, there is a hypothesis regarding the influence of the form of the state system on the development of law enforcement bodies on the territory of a certain country.
 On the basis of the applied comparative legal analysis, the essential stages of the development of law enforcement agencies of these states, the regulatory and legal enshrining of their competence, and the peculiarities of the practical implementation of their functions were studied and analyzed.
 It is justified that the historical development of states, their political interaction on the historical arena with other states, the development of economy and trade influenced and still influences the speed and intensity of the development of the law enforcement system. Thus, the belonging of the territories of Ukraine to different states caused the multi-stage formation of its law enforcement system as well as the obtaining of various foreign practices of its legal regulation. The administrative-territorial structure of the states, which was determined during the analysis of the experience of the United States of America, has no less influence: as a result of the federal structure of the state, we can talk about a three-tier system of law enforcement bodies at the level of the federation, individual states, and at the local level. The historical development of Great Britain contributed to the formation of various independent bodies within the law enforcement system, which was not observed in other studied states.

Достоинство личности как конституционная ценность: концепция, практика, техника

The construction of the dignity of the individual is considered in the context of the cyclical politogenesis of the Russian state-legal system. Based on a comparative analysis of the concepts of ‘‘man’’, ‘‘citizen’’, ‘‘personality’’ in the Russian language and the domestic political and legal tradition, a hypothesis of the semantic transformation of these categories in the context of cultural and historical discreteness is put forward. It is noted that the current Constitution of the Russian Federation presents both normative and natural-legal types of legal understanding, which allows us to talk about the dual nature of personal dignity, including both natural (personal self-respect) and positive (respect for the human personality on the part of the state) components. A comparison is made of the “highest value” of a person declared at the constitutional level, his rights and freedoms, regardless of the individual socio-legal status and the actual situation that presupposes an attitude both to the individual himself and to his personal dignity, taking into account the place occupied in the social structure of society and appropriately assessed by the state (state rights). Proposals and recommendations are formulated concerning the consolidation of the system of constitutional guarantees for the realization and protection of the right of personal dignity, as well as the legal technique of its limitation.

Philosophy, Governance and Law in the System of Social Action: Moral and Instrumental Problems of Genetic Research

The research analyzes the process of formation of the ethics committee as a new institution in the system of regulation of genetic research. The external factors of this process are the increasing digitalization of medical and research practices, as well as the special situation that is developing in the field of genomic research and the use of genetic technologies, where issues of philosophy, jurisprudence and administration have generated many fundamentally new, and sometimes unexpected contexts. The author shows the similarity and difference of approaches to the inclusion of the ethics committee in the national regulatory systems of different countries and determines the prospects for further integration of the new institution into normative and administrative-regulatory and law enforcement practices. The research applies all the main methods of system analysis and structural and functional analysis, as well as the comparative legal method. At the stage of generalization of empirical material, the author turns to the means and methods of philosophical phenomenology and phenomenological sociology. The study revealed that the ethics committee may have different institutional and regulatory functions in a variety of management and legal systems. Being hybrid in nature, the ethics committee performs various functions, and in various state legal systems and traditions it can combine elements of legislative, executive and judicial power. At times, the ethics committee may go beyond the scope of both a purely administrative and exclusively legal regulator. All this indicates that the integration of this institution into the legal system and into a variety of social practices is far from being completed.

Role of Customary Governance in Resource Management of a Legal Pluralist Indigenous Community

This paper explores the role of customary governance in sustainable natural resources management within a pluralist indigenous community. It employs qualitative research design in which key informant interviews, focus group discussions and observations were used as research tools. It discusses how customary governance has worked for the management of resources of Lowa community, Lomanthang, upper-Mustang. It considers legal pluralism and modernization as major theories to analyze sustainable resource management issues in the community setup. The modern governance system has influenced in effecting customary governance system at all levels including the political-economic. The political influence is made subtly through colonizing tools such as development, education, and modernization. The Ghenpa governance system in Lomanthang has withstood several assimilation processes with state intervention and is now strongly opposing the western type of modernization. Although modernization opened the door of Lomanthang to a wide variety of people from outside, the coexistence and complementary relationship between the state legal system and Ghenpa customary governance kept the legal pluralist indigenous community more intact.

Transformation of the content of human rights under the influence of globalisation

Human rights have transcended the realm of individual-state relations, becoming a constructive element of state legal systems and promoting the integration of social and legal relations, leading to the emergence of previously unknown human rights. Therefore, it is necessary to develop a legal understanding of them, considering contemporary realities. The purpose of the study is to describe and characterise the latest human rights within the framework of the general theory of law and the state. The methodological basis of the study is civilisation and socio-philosophical approaches, within which analysis, synthesis, and modelling methods were used. The essence of distinguishing generations of human rights boils down to the gradual realisation and resolution of issues of human legal status in a changing reality. Social relations, complicated by historical development, will give rise to new problems in human legal status. Attention is drawn to the close connection of human rights with the sphere of health protection, which arose as a result of scientific and technological achievements in biology and medicine, discussing rights to artificial insemination, euthanasia, organ transplantation, cloning, and gender change. The impact on fundamental human rights through the digitisation of law is analysed. The idea of the universality of human rights harmoniously interacts with the universality of digital technologies, so in the era of digitisation, the content of human rights and the related values do not change, and human rights themselves can become a unifying target perspective in determining attitudes towards new technologies. The main trends in the development of human rights in the conditions of globalisation are modelled, including the universalisation and unification of human rights, the complication of mechanisms for ensuring human rights at the international level, and the increasing importance of judicial law in protecting human rights at the supranational level. The paper focuses on the dependence of globalisation processes on transforming national legal systems in war conditions. The practical value of the study lies in its potential to incorporate the trends in human rights development within the context of globalisation into specific topics covered in courses on state and legal theory, philosophy of law, and the creation of relevant educational and methodological resources

Minangkabau Customary Law as a Foundation and Perspective for The Formation of The National Legal System

The purpose of this study is to examine the role of Minangkabau customary law in shaping the country's legal system and its potential contribution in creating social justice, maintaining cultural diversity, and strengthening regional autonomy. This research method used is literature analysis using relevant primary and secondary sources such as legal documents, academic works, and practical experience in the application of Minangkabau customary law. The results of this study show that Minangkabau customary law includes interrelated principles such as deliberation and consensus, gon royong (community cooperation), and restorative justice. The principles contain universal values that can be applied and integrated into the broader national legal system. In the context of building a state legal system, Minangkabau customary law is used as a source of inspiration for the development of laws that serve the interests of local communities, protect individual and collective rights, and maintain a balance between national and local interests. In addition, Minangkabau customary law has the potential to preserve cultural diversity in Indonesia. In the era of globalization that prioritizes cultural homogenization, the application of Minangkabau customary law can provide a strong foundation for the development and maintenance of cultural diversity of the community at the national level. Through an approach that respects and recognizes cultural differences, a country's legal system can be a tool for strengthening cultural identity and ensuring the sustainability of valuable cultural heritage