Law School Students Research Articles

PUBLIC ASSOCIATIONS IN THE FIELD OF MEDICAL TOURISM: ROLE AND INTERNATIONAL EXPERIENCE

The urgency of the legal framework for the functioning of public organisations is mediated by the fact that the process of self-organisation of society and the development of civil society are interrelated and provide for rights and freedoms, dignity of every citizen, increase economic and spiritual prosperity. There is also a steady trend of aging around the world, and the progress of medical and health tourism will show signs of rapid growth, including through the growth of self-organisation of people in civil society, which determines the quality of common views and interests, including health. The aim of the article is the study, based on the analysis of regulations that determine the legal status and forms of participation of public associations in tourism and medicine, the practice of their activities at national and international level, problematic issues and possible solutions based on experience of both individual countries and internationally. Research methods were chosen considering the purpose and objectives of the study. The study used philosophical (hermeneutic), general scientific (logical, generalisation, praxeological method, modeling method, prognostic method and bibliographic) and special legal (formal-legal, comparative-legal) methods of scientific cognition. It was found that the actualisation of the study of legal regulation of tourism in the field of health care contributes to globalisation, mobility of modern society and human needs in the realisation of their natural rights to life, health care, health secrets. The legal basis of activity and main tasks of some national and international organisations in the field of medical tourism are studied. Ways to improve the legal regulation of public associations in the field of medical tourism in Ukraine in terms of improving the concept of private law in accordance with the basic values of the European community are suggested. The materials of this study can be useful for legal scholars, leaders and employees of public associations, and teachers, graduate students, students of law schools. Civil servants and everyone who is interested in this issue

THE SUBJECTIVE SIDE OF THE CRIMINAL OFFENSE OF DESIGNING OR OPERATING BUILDINGS WITHOUT ENVIRONMENTAL PROTECTION SYSTEMS: THEORETICAL AND PRACTICAL PROBLEMS

The article highlights the theoretical and practical problems of the subjective side of the criminal offense of designing or operating buildings without environmental protection systems (Article 253 of the Criminal Code of Ukraine - hereinafter referred to as Article 253 of the Criminal Code). Emphasis is placed on the fact that the issue of the subjective side of the criminal offense and the investigated composition of the act is one of the insufficiently studied. The author draws attention to the fact that every feature of the subjective side of this criminal offense must be thoroughly investigated in the case of application of the criminal law norm (Article 253 of the Criminal Code), so that the legal characteristics of the specified norm fully coincide with its legislative description. The work raises debatable issues regarding the concept of the subjective side of a criminal offense in the order of setting the problem, special attention is paid to the correlation between the subjective side of a criminal offense and guilt. Considerable attention is paid to the methodological basis of knowing the psyche of a person in relation to the criminal offense committed by him, provided for in Art. 253 of the Criminal Code and the criterion for its clarification through the analysis of the activity of the person who committed the criminal offense. For the purpose of a more in-depth clarification of the researched issue, the author refers to the existing views on the subjective side of the criminal offense provided for in Art. 253 of the Criminal Code, and subjects them to critical analysis. In addition, the article conducts a survey of law enforcement officers, judges, defense attorneys, teachers of higher education institutions, senior students of law schools, faculties to understand their position on the issue under study. The publication substantiates the provisions of guilt, elucidates the purpose and motive of the criminal offense of designing or operating buildings without environmental protection systems. The author defines the essence of the motive and purpose of the criminal offense of designing or operating structures without environmental protection systems.

The influence of China's Unified Qualification Exam for Legal Professionals on China's legal education and its solution

Under the background of the formal establishment of China's Unified Qualification System for Legal Professionals, the long-standing problem of independence and competition between undergraduate legal education and qualification exam for legal professionals has become more prominent in China. In order to ensure the efficiency of legal education and the accurate identification of qualified legal talents in the qualification exam for legal professionals, we should re-understand the normal relationship between the undergraduate legal education and the qualification exam for legal professionals, connect the undergraduate legal education with the qualification exam for legal professionals, rationally view and actively solve the impact of the qualification exam for legal professionals on the study and employment of law school students .We should adjust the orientation of undergraduate legal education through policy promotion, and reform the qualification exam for legal professionals at the same time, so that the two can be better connected, so as to promote the development of legal education.

Особенности преподавания судебной медицины студентам юридических ВУЗов в современных реалиях

The methodology of teaching forensic medicine and forensic medical expertise has significant differences for students of medical and law schools. This work is devoted to the methodology of teaching forensic medical examination to law students and identifies areas in the subject that require special consecration within the curriculum. Based on their experience of teaching and knowledge control, the authors propose a methodology for teaching and consolidating knowledge for this group of students, aimed at developing and consolidating their personal and professional competencies in the field of forensic medical examination, as well as applying the knowledge gained in their further professional activities. The authors analyzed and compiled the results of pedagogical experience of teaching students of various categories of higher educational institutions. The obtained results allow us to develop the most effective methodological approach to teaching the discipline and consolidating the acquired knowledge.

Emotional Intelligence in Law Students: Relevance of Development

The article focuses on the need for the development of emotional intelligence as the most important quality of professional competence of a future legal specialist, manifested in personality-oriented activities. The authors provide an in-depth analysis of the literature on the topic and describe the results of their empirical research that reveals the level of emotional intelligence of law school students. The results obtained allow us to conclude that the development of emotional intelligence denotes the ability to be aware of one’s emotions, recognize the emotions of other people, manage their emotional states, allow a law student not only to successfully adapt to environmental conditions, constructively build interpersonal interaction, but also effectively manage difficult life situations, to successfully cope with various life difficulties. The listed qualities then become the basis of his successful professional activity. Current terms of remote study process and work create new challenges for testing the emotional intelligence. The authors suggest ways of solving the problem of emotional intelligence development in modern conditions.

Analysis of the law of the Republic of Moldova on the granting of compensation in the event of the death of one of the spouses

The article analyzes in detail and comments article by article the main legal aspects of the Law of the Republic of Moldova on the provision of benefits in the event of the death of one of the spouses No. 156/2019 through the prism of the norms and prescriptions of the national legislation on social insurance and social security, as well as their practical and correct application, with the formulation in the process of presenting the material of substantiated conclusions and recommendations on the multifaceted and topical topic under consideration. At the same time, the comments contained in this article are intended to assist faculty, doctoral students, undergraduates and students of law schools / faculties and scientific researchers of organizations / centers in the field of science and innovation in the systemic assimilation of social insurance and social security norms. , regulating the procedure for registration and payment of benefits due to the death of one of the spouses. In addition, these comments are aimed at correct / accurate understanding and application of the provisions of the current laws and regulations on social insurance and social security by employees of social insurance and social assistance / protection authorities at all levels, lawyers, inspectors of human resources services, representatives of social partners and non-governmental organizations. , entrepreneurs, judges, prosecutors, lawyers, mediators, trade unionists and activists, interested employees and government officials.

The Importance of Information Technologies in the Formation of Professional Legal Awareness of Future Lawyers

The article has been devoted to the theoretical and legal analysis of the professional legal consciousness of law school students, the peculiarities of the influence of information technologies on it. The article analyzes the features of the formation of students' legal awareness in the process of professional training at the university. The aspects of the development of technologies in the modern information society have been discussed separately. Certain provisions of the current Russian legislation implementing legal regulation in the field of information society development have been analyzed. The article deals with the peculiarities of the training of the teaching staff in connection with the need to use information technologies in professional activities.

Psychological Happiness and its Relationship to the Self-Concept among Students of the Faculty of Law, Prince Mohammad Bin Fahd University

The current study aimed to identify the level of psychological happiness and the concept of self-concept among a sample of law school students and to identify the relationship between psychological happiness and the self –according to some variables. To achieve the objectives of the study, use the descriptive correlation method on a sample selected in a random way of (247) students and the study reached the most important results: The study found that there were no statistically significant differences at the level of statistical significance (0.05) and lower in the respondents of the study sample on (the level of psychological happiness) according to the variable type, the absence of statistically significant differences at the level of statistical significance (0.05) and lower in the respondents of the study sample on (the level of self-concept among according to the variable of the type). There are no statistically significant differences at the level of statistical significance (0.05) and fewer in the respondents of the study sample on (the level of psychological happiness) depending on the variable of the study level. The lack of statistically significant differences at the level of statistical significance (0.05) and lower in the respondents of the study sample on (the level of self-concept) according to the variable level of study.

EVENT AND COMPOSITION OF AN ADMINISTRATIVE OFFENSE: DIFFERENCE OF DEFINITIONS ON THE EXAMPLE OF LIABILITY FOR VIOLATIONS WHEN CHOOSING A PROCUREMENT METHOD

The purpose of the work is to formulate a difference in the legal consequences of termination of proceedings in the case of an administrative offense on the grounds of «absence of an event of an offense» and «absence of an offense». The objectives of the study are to analyze the similarities and differences of these definitions on the example of responsibility for violations of the legislation on the contract system when choosing a procurement method and to justify the importance of their correct application in the administrative process. The paper applies general scientific methods of research comparison and analysis and the method of expert assessments. The author uses examples of administrative and judicial practice to consider law enforcement practice for assessingthe presence or absence of an event and composition of an administrative offense in specific cases. For the first time in the conditions of adoption of the optimization package of changes to the contract system in the field of procurement, the issue of liability for violations when choosing a method for determining the supplier (executor, contractor) is considered. The relevance of the work lies in the fact that the procurement legislation regularly changes, mainly in the direction of liberalization, and the norms of the Code of Administrative Offenses with «tough» sanctions are stable, in connection with which there is a need to analyze practice and develop recommendations to prevent possible errors. At the same time, it is necessary to take into account the inconsistency of law enforcement practice on this topic. The work can be useful to officials of state and municipal customers, an employee of control bodies, students of law schools, as well as anyone interested in the administrative process. Digitalization of procurement poses new requirements for determining the areas of responsibility of officials for various procurement procedures within the contract system. Recommendations are given on the prevention of violations for which administrative responsibility can be applied, including through the development of local legal acts, as well as officials brought to administrative responsibility for violations when choosing a method of procurement of goods, works, services for state and municipal needs on ways and methods of legal protection. The Reference Legal System ConsultantPlus is used in the work

K.V. Agamirov. Legal forecasting as a factor in improving the Russian legal system

A review of the monograph by Doctor of Law K.V. Agamirov “Legal forecasting as a factor in improving the Russian legal system”. The theoretical and methodological foundations of legal forecasting are established; its role in the development strategy of the legal system is revealed; the prognostic directions of improving sectoral legislation are investigated; the mechanism of forecasting legal behavior is disclosed; the organizational and institutional aspect of legal forecasting is analyzed. The monograph is intended for employees of research institutions, teaching staff, graduate students and students of law schools and faculties. It can attract the attention of representatives of state authorities, the public and everyone who is interested in the problems of legal science, law-making, law enforcement practice and sociology of law.

Reform of Higher Legal Education: Global Issues

The main vector of higher legal education development is determined by the general direction of the domestic higher school to join the all-European and world educational space, national and international standards harmonization of higher education in the context of the Bologna process. On the other hand, the rapid development of information technologies has led to the global computerization of society. The result of this phenomenon in the education field is a stable environment formation of developed data processing, information systems modular construction (combination of different architectural types within a single complex). As a result, knowledge building process for skills formation of professional competence is gradually changing the form of its realization. The wellknown learning goals of higher school revealed in such elements as knowledge, understanding and forms of their acquisition are changing. It is no coincidence that the problem for most universities is the fact that education is still more focused on knowledge and skills, rather than on personality development, consciousness formation and self-awareness of a specialist. Unfortunately, such changes do not always have a positive educational trajectory. It should be recognized that educational institutions are no longer the major educational source. Those basic learning goals, the achievement of which is the task of higher school, do not receive appropriate positive reflection in society. High level of knowledge with no skills of its application is the main factor of professional deformation of a graduating student of higher educational institution. This problem is clearly visible in the higher legal education sphere. In recent times, there has been a clear trend toward the transition from qualification to the competence-based model of the specialist. The emphasis in professional training is shifting to socio-personal and general professional competencies. Open statistical sources of the State Employment Service show that among the total number of unemployed persons with higher education who could not find the first job, persons with higher legal education occupy one of the leading places (26%). In early 2019, the Ministry of Justice of Ukraine together with the Ministry of Education and Science of Ukraine proposed a draft Concept of the Legal Education Reform for public discussion. Among the main problems were a mismatch between the content of legal education and training quality in legal schools with the modern requirements of the labour market and the challenges facing the modern democratic society, global trends in development and tasks of employees' professional activities in various fields. The abovementioned requires a change in the educational paradigm, one of the components of which, in our opinion, should be the transition to educational goals of a different qualitative type in the cognitive sphere, including the formation of applied professional legal skills, critical thinking development and so on. Unfortunately, there is not enough scientific research in this area of narrow thematic nature. No significant attention is paid to the pedagogical problems of lawyers' model formation with their readiness for social interaction. It is important to emphasize that among legal scholars there is no interest in the development and formation of legal pedagogy as a direction in pedagogy of higher education, the subject of which is the didactic peculiarities of the professional competence formation of lawyers. Part of the attention is paid to the professional competence formation among students of higher educational institutions in the legal field by scholars of pedagogical science, in particular, the theory and methods of training and education (according to the fields and educational level). The problem to be solved is the mismatch between the content of legal education and training quality in legal schools with the modern requirements of the labour market and the challenges facing the modern democratic society, global trends in development and tasks of employees' professional activities in various fields, this is due to the insufficient level of theoretical knowledge and practical skills among a significant part of graduating students of law schools, as well as a lack of attention to the formation of a holistic world view among applicants for legal education with an understanding of the social mission, values and importance of legal profession to approve the rule of law in the modern democratic society. The abovementioned requires the updating of educational processes modernization issue in the direction of competency-oriented training formation and professional lawyer education in the light of his/her dialogue and discussion, and language-intensive professional activities. In particular, it is important to develop an approach to the professional training of a future lawyer, which involves the creation of a professional competence formation model of the lawyer, which is based on the organic unity of theoretical, practical, psychophysical training that will provide the professional socialization level engaging a wide range of scholars in the field of pedagogy and law.

“Rock ‘n’ Roll” and “Roll Over Beethoven”: Tom Stoppard and Critical Legal Studies

In 1969-70 or thereabouts several Yale Law School students set up a “commune” in the courtyard between what were then residential halls. At roughly the same time David Trubek and Rick Abel were holding a reading group on law and development with a heavy dose of social theory, a harbinger of what became critical legal studies. The two events can be taken as representative of alternative paths to social transformation – roughly, the cultural path and the path to change through self-consciously directed political action. In this short paper, originally prepared for a conference on the intellectual history of critical legal studies at Princeton University in February 2020, I read two works as dialogues about those paths, Tom Stoppard’s play “Rock ‘n’ Roll,” which looks at Czechoslovakia from 1968 through 1989 – from the Prague Spring through the Soviet occupation to the collapse of the Soviet empire – and “Roll Over Beethoven,” a discussion between “Peter Gabel” and “Duncan Kennedy” about some controversies in the early years of critical legal studies.

Racial and Ethnic Ancestry of the Nation’s Black Law Students: An Analysis of Data From The LSSSE Survey

Racial and Ethnic Ancestry of the Nation’s Black Law Students: An Analysis of Data From The LSSSE Survey

Human rights: The truth of numbers and the imperfection of reality

Following the empirical study on the perception that law school students at the Portucalense University had about the respect for human rights, with regard to the subject of prisoners and the manner in which penalties are enforced, we had the opportunity to inquire in the July 2019 a law class, this time comprising Brazilian students from the most diverse states of Brazil and who went to the Portucalense University in Oporto, Portugal, for the sole purpose of attending the Master of Law course, in the area of specialisation in Political and Legal Sciences. This time the study had the purpose of analysing and studying this class, considering the peculiarity of the sample, with unique characteristics. The surveys were distributed and were answered freely, individually and anonymously by 13 students who were present in a classroom. This is a group of students with a middle age ranging between 30 and 40 years and who already had professional work experience in forensic areas (notaries, judges, lawyers, etc.). We wanted to know to what extent these students were sensitised towards the human rights issues relating to prison sentences, their purposes and ways of execution. We also wanted to verify if the students had in their luggage of knowledge, from the teaching of legal subjects acquired in Brazil, the notions of basic principles regarding to the execution of prison sentences. We concluded that these are students receptive to the principles of human rights related to prisoners and their penalties, unanimously defending the end of preventive penalties, even though only one of them said that he felt safe in his country, besides the remaining 12 demonstrated insecureness and 10 out of those 12 have already been victims of crime in Brazil. On the other hand, we recorded curious outcomes and, sometimes somewhat inconsistent, results that we crossed over so that we can relate them to each other and this can be seen in the rest of the article. Keywords: Human rights, prison sentences, purposes of the penalties, victims of crime, insecureness.

Genesis of the Norm on Criminal Liability for Hostage Taking in Domestic Law

The widespread prevalence of terrorist crimes, as well as the problems of qualifying hostage taking and demarcation from related crimes, are currently relevant for scientific research. The theoretical and practical aspects contained in the norm on criminal liability for hostage taking have had a long and ambiguous history; they require studying the genesis of the norm on hostage taking and the practice of its application. The work contains only significant records of domestic jurisprudence, containing norms on criminal liability for hostage taking from origins up to the present. Methodology: deduction, induction, methods of synthesis, analysis, historical and formal logical research. Conclusions: 1. The history of the application of the norm on criminal liability for hostage taking is fraught with qualification problems at all stages. These problems are ambiguous and are expressed by the fact that the legislator, under the influence of external and internal factors, makes mistakes in the systematization and codification of the criminal law, often losing the line between the norm and related crimes. As for external factors, in our understanding they are also the norms of international law on hostage taking, which, influencing the national law of the USSR, went through the stages of their development, creating norms by trial and error. For example, the rule did not apply if the taking occurred within the same state and the hostage and the perpetrators were its citizens. 2. The analysis of official statistics starting from the single crimes of the Soviet period, the post-perestroika mass crime boom of the 90s of the last century caused by the political crisis, ending with the statistical recession and the relatively well-coordinated work of state structures of the 2000s allows us to conclude that there are calculus flaws. 3. The introduction of the category of public safety has led to a significant decrease in statistical indicators, due to qualifications through related crimes. In this regard, according to lawyers, the reduction in hostage taking has a technical or static character. This led to a proportional increase in qualifications in related crimes. Scientific and practical significance: The study presented in the article gives an ontological idea of the development of the norm, reveals the technique of law making in the design of the norm on hostage taking. The conducted research is based on the materials of judicial practice in specific criminal cases, which may be of interest to researchers of this norm. These examples show the presence of law enforcement errors in the qualification of terroristic crimes, which can be perceived by practitioners as educational material. The article can serve as a source of scientific information for students of law schools, graduate students and applicants, as well as for researchers involved in the study of the national criminal law of the Russian Federation

Sexually transmitted diseases: what is the knowledge of college students in Tunisia?

Abstract Introduction In Tunisia sexuality education is a subject that is little discussed in institutions and schools, hence its marginal place in the school curriculum and even if it is addressed, it mainly concerns reproduction and risk prevention. The purpose of this study was to evaluate the knowledge, attitudes, and behaviors of law university students regarding sexually transmitted diseases. Methods A cross-sectional survey was conducted among 300 law school students in Sousse, Tunisia. The instruments used for assessment was a pretested questionnaire contained questions evaluating knowledge and attitude towards STD and AIDS. Questions had multiple responses from which each respondent was asked to select the most appropriate one. Results Our sample consisted of 300 students, the majority were female (75.3%). The mean age was 22.30 years old. More than 75% of surveyed students did not discuss the subject of sexuality with their parents. The main sources of information for the students were the internet 48.3% followed by media 47% and friends 20%; health professional represents only 10.3%. Concerning the identification of risky sexual behavior 56.6% of the students identified multiple partner's sex and 45.7% the non-use of the condom. AIDS comes first among the STD cited by the majority of students surveyed (92%) followed by syphilis (6%). Despite that the majority of our participants knew the signs of STD; such as genital ulcer, urethral / vaginal discharge. False beliefs persist such as chest pain (13.3%) and headache (13.1%). 60.7% f our student reported genital cancers as complication to STD, 32.7% infertility. Some minorities (2.7%) thought that STD could be complicated by blindness. Conclusions Despite the high prevalence of STD among young adults, most students knew very little about those infections. Implementing sexual educational programs and measuring their effectiveness should be a priority. Key messages There is a huge lack of knowledge about sexually Transmitted diseases among Tunisian college students. Implementing sexual educational programs and measuring their effectiveness should be a priority.

PERSEPSI MAHASISWA AKUNTANSI DAN HUKUM UNIVERSITAS SLAMET RIYADI SURAKARTA MENGENAI ETIKA TAX EVASION

This study aims to analyze the perceptions of Accounting students and Law students on the ethics of tax evasion, as well as analyzing the differences in the perception of tax evasion ethics between Accounting students and Law School students Slamet Riyadi Surakarta. Data collection techniques using a questionnaire. The instrument testing uses validity and reliability tests. The data analysis technique used is the F test and the t test of two independent samples (Independent t-Test). The calculation results show that accounting students' perceptions of majority tax evasion are "sometimes ethical". The perception of tax evasion ethics by Law students mostly states it is always ethical. There is a difference in perception between Accounting students and Law students towards tax evasion.

Connecting the Chains: Emotional Quotation, Ethics, and Legal Profession Ethics

Introduction to The Problem: Emotional intelligence is in the form of feelings and emotions, and contains the direction and intensity of one’s judgment or expression of feelings expressed on the object of attitude. Emotional intelligence or Emotional Quotient (EQ) is essential. Intellectual Intelligence (IQ) cannot run properly without the participation of an emotional appreciation of the ethics of law school students. Ethics also has a massive role in determining the good and bad of human behavior, behavior, or actions. While a legal profession is a job carried out by a group of people who have the legal expertise to support their lives. Students who graduate can choose their major according to the skills taught in Higher Education. From the previous three concepts arise one main problem on how the connection between EQ-IQ, ethics, and legal profession ethics. Purpose/Objective Study: The objective of this study is to find out the correlation of emotional intelligence toward the ethics of law faculty students at Universitas Malahayati and the correlation of students’ ethics toward the legal profession. Design/Methodology/Approach: In gathering data, the researchers used quantitative (questionnaire) and qualitative methods supported by interviews. To analyze the data, the researcher used quantitative descriptive with the Linkert Scale approach, and the results of the scale are accumulated with the regress linear technique. Findings: The results of this study show that there was a significant correlation of emotional intelligence to the ethics of law school students at Universitas Malahayati. Based on the results of the hypothesis test, the value of r is 0.854 with P = 0.000 where (p <0.01). It indicates that there is a correlation between emotional intelligence and the ethics of law faculty students at Universitas Malahayati. This finding suggests that the higher the emotional intelligence, the higher the ethics, conversely the lower the emotional intelligence possessed by individuals, the lower the ethics of law school students. Additionally, the correlation of emotional intelligence toward ethics by 0.854 means that emotional intelligence has a contribution of 85.4% as a variable that affects the ethics of law school students. The remaining 14.6% of emotional intelligence is influenced by other factors. The correlation between ethics and the legal profession is that by implement ethics in the legal profession, the legal service will gain the society’s trust. People tend to lean to excellent and professional legal practitioners who have embodied the ethics in their service and their personalities.

The Use of “Learner Control Strategy” in Courses of Law Faculties in State and Private Universities

Learner control, generally, is the strategy of giving the student the opportunity to be effective in the selection and implementation of both content and teaching approaches related to teaching in the teaching process. In other words, it is the situation where the learners are given a certain level of autonomy in order to manage their own learning experiences themselves. Because; learning is not a passive process of taking, but an active meaning-making process, and it is the learner individual who performs the learning. The general purpose of this research is to determine the level of “Learner Control Strategy’’ used in the lessons based on the opinions of Law School students studying at Private and State Universities.

Aesthetic and Ethical Element of the Educational Environment as a Factor in the Formation of the Internal Motivation of a Law School Student: on the Issue

The article is devoted to the analysis of the dialectic of the ratio of the aesthetic-ethical aspects of the educational environment as a factor in the formation of the internal motivation of students at a law school. Motives are an integral part of consciousness, they mark the subjective personal specifics of an action, performing both motivation and sense-making functions. The issue is considered in the context of the definitions of «inner aesthetics» and «internal motivation», which determine the ideological priorities of an individual. It is concluded that the definition of «internal motivation» acts as an object of aesthetic and ethical education, because in the process of educational activity, an individual is the cause (source) of motivation (interest), which possesses a certain value and determines a student’s activity in the specific educational environment of the university.