Legal Understanding Research Articles

Constitutional and legal foundations of the unified system of public power in the Russian Federation (regional aspect)

Within the framework of this study, theoretical approaches to understanding public power in the context of various areas of scientific knowledge are analyzed. In the course of this work, attention is drawn to the constitutional approach, according to which the unified system of public power in the Russian Federation includes two independent, but interacting levels: state and municipal. In this regard, it is noted that the federal legislation adopted in the development of constitutional provisions significantly expands this approach and actually establishes a three-level system of public power. As a consequence, the problem of substantiating the existence of a unified system of public power in the subjects of the Russian Federation is being actualized. Using the system-logical method of research, the provisions of Federal Law No. 414-FZ of December 21, 2021 "On the general principles of the organization of public power in the Subjects of the Russian Federation", which normatively establish the category of a unified system of public power in the subject of the Russian Federation, are analyzed in the work. Certain provisions of the said federal law are not fully consistent with each other and with other federal legislation, including with regard to the constitutional and legal understanding of the unified system of public power. At the same time, attention is drawn to the fact that the territorial principle cannot underlie the allocation of an independent regional level of public power, since the derivation of public power from the understanding of "state" and "statehood", on the basis of equality of the subjects of the Russian Federation as a constitutional principle, makes it impossible to have a different ratio of intra-system connections in the systems of public power in the subjects of the Russian Federation. The formal legal approach made it possible to trace the dynamics of changes in the constitutional (statutory) legislation of the subjects of the Russian Federation, depending on the understanding of the place of state authorities of the subjects of the Russian Federation in the unified system of public power. Various normative variations of the constitutional (statutory) legislation of the subjects of the Russian Federation, aimed at bringing it into line with the same constitutional text, indicates the absence of an unambiguous and uniform understanding of the place of the system of state authorities of the subjects of the Russian Federation in the unified system of public power in the country. Thus, it is noted that the development of a uniform approach based on the positions of the Constitutional Court of the Russian Federation, which are mandatory for all subjects of legislative activity, to the content of the category "unified system of public power in the Russian Federation" is fully capable of ensuring the goal of its formation stated in Part 3 of Article 132 of the Constitution of the Russian Federation in compliance with all constitutional principles and norms. In this regard, within the framework of the unified system of public power in Russia, we should not talk about independent unified systems of public power in the subjects of the Russian Federation, but should focus on the formation of a unified system of public power throughout the territory of our state.

«Godel’s Undecidable Proposition» and the Problems of Machine Readable Law

The relevance of machine readable law, the significance of which is confirmed by both the general trend and the need to consider law in the context of the development of information technologies, and the adoption of significant legal acts, including the Concept of the Development of machine readable law technologies, implies the need to form an appropriate theoretical basis and develop methodological support for relevant processes. The general problem of the «methodological insufficiency» of ensuring the processes of digital transformation of law, as well as the relevance of the development of machine reading technologies of law, predetermine the need to address, among other things, the results and achievements of natural science knowledge.The paper analyzes the correctness of the transfer of K.Godel’s conclusions in their gnoseological (epistemological) context to the legal field. Considering law as an object of machine reading in the context of «Godel’s undecidable proposition» and based on Godel’s conclusion about the inability of the system to describe itself by its own means (to prove its consistency), the author concludes that the «supra-legal» basis is culture, and law itself is seen in the system hierarchy: culture--law--legislation.It is proposed to consider the machine reading of law in the context of a semiotic paradigm, based on the widest possible coverage of sign systems reflecting the diversity of regulatory systems, and not limited only to religion, morality, ethics, law and legislation, but referring to culture as a «mega-source of a sign set» reflecting a whole complex of regulatory systems. Based on the analysis of K. Godel’s conclusions, as well as the principles of «complementarity» by N. Bohr and «uncertainty» by V. Heisenberg in their gnoseological (epistemological) aspect, a number of conclusions are drawn. These can be significant both for the methodological basis of machine reading of law and the law and for the problems of legal understanding and legal perception in general. In particular, it is concluded that of high importance is the topic of the transformation of scientific disputes on theories of legal understanding into the process of complementarity of such theories in order to achieve a state of their constructive contradiction (contradictority).

Traditionalist Jews and the Question of Whiteness

Abstract: This article has two main purposes. First, it aims to unpack the question "Are Jews white?" by insisting that the assignment of even ambiguous racial identities to "Jews" as an undifferentiated collective is a categorical mistake. It argues instead for a highly contextualized approach to the racialization of certain Jews or groups of Jews in certain times and places for certain purposes and from certain perspectives—which need not imply any lessening of the import of such racialization. Second, and more specifically, it aims to provoke a careful discussion of the racialization of traditionalist Jews in the particular context of growing and recently established residential enclaves in the suburbs of New York City, and suggests that legal or scholarly understanding of their difference as primarily "religious" is also mistaken.

Traditionalist Jews and the Question of Whiteness

Abstract: This article has two main purposes. First, it aims to unpack the question "Are Jews white?" by insisting that the assignment of even ambiguous racial identities to "Jews" as an undifferentiated collective is a categorical mistake. It argues instead for a highly contextualized approach to the racialization of certain Jews or groups of Jews in certain times and places for certain purposes and from certain perspectives—which need not imply any lessening of the import of such racialization. Second, and more specifically, it aims to provoke a careful discussion of the racialization of traditionalist Jews in the particular context of growing and recently established residential enclaves in the suburbs of New York City, and suggests that legal or scholarly understanding of their difference as primarily "religious" is also mistaken.

Legal Aspects of Virtual Assets Regulation in Ukraine

Abstract Virtual assets are a concept that has made its way into the modern financial and legal lexicon in recent years. Markets are formed around them, transactions are conducted with them, they are the object of increased interest in the field of investment activities. The need for legal regulation of new types of social relations transiting to the virtual plane stimulates lawmakers to take active measures concerning the formation of a legislative basis in this area. This study intends to consider the challenges facing the Ukrainian legislator in the light of the adoption of this law based on existing foreign practices. The study suggests that such obstacles now include not only terminological differences, but also issues of legal qualification of illegal actions with cryptoassets, issues of theoretical and legal understanding of the new legal relations.

Local rule-making in Ancient Rus’

The subject of this study is the ways and methods of regulating legal relations at the local level in medieval Ukraine. The main attention is paid to the state formations of the East Slavic legal-cultural and political space of the 11th–14th centuries. The legal reality of Ancient Rus’ was characterized by limited centralized legal regulation. In contrast to the Middle Ages of Western Europe, rulers in Ancient Rus’ did very little to create laws. As a result of this policy, a significant part of legal relations had to be settled at the local level. The unique social structure of Ancient Rus’, which did not know self-governing urban communities, did not know self-governing craft guilds, etc., also contributed to this. The complex structure of the society of Ancient Rus’, its characteristic features and basic elements is revealed. Family and pseudo-family corporate structures served as the basis of society. These structures included certain families, clans, large and small families, as well as numerous «people of the house», that is, people who were in various types of legal dependence. Attention is drawn to how these corporations, as rule-making subjects, regulated relations within themselves and among themselves. The contractual nature of pseudo-family corporate structures, whose counterpart in Western Europe is «conjuratio», is revealed. Ancient Rus’ was characterized by the lack of legal formalization of the division of society into estates. At the same time, a significant number of types of forms of early feudal and ministerial dependence, as well as slavery, are known. There is no record of the existence of proper laws, or of the regulation of such relations of dependence through tradition. Thus, dependency relations in all their forms were mostly to be regulated by local law acts, in particular by law-making treaties. And the more complex the form of dependence was, the more complex was the legal act regulating it. A separate subject of research is church institutions and monasteries, which formed separate corporate structures with their own regulatory system, which combined both downward normative legal regulation and local rulemaking, which could come into conflict with such centralized legal regulation. Attention is also paid to terminological problems and their solution at the modern stage. It is necessary both to update the existing scientific terminology and to be cautious about the terminology of the past. The peculiarities of the use of the word «custom» (zwychay) in the medieval society of Ancient Rus’. Examples from church literature illustrate how this word was used precisely in a legal sense, which is quite different from the modern legal understanding of legal custom. Key words: Medieval Ukraine, East Slavic state formations, Ancient Rus’, Medieval Law, Ancient Rus’ Law, law-making treaty, Source of Law, Legal history.

Update of the word in the interdisciplinary discourse of the theory and philosophy of law

The problem of insufficient language training of applicants and therefore graduates for higher legal education in Ukraine is being updated. They are not offered to study methodologically significant sciences for jurisprudence, in particular semantics, legal linguistics, hermeneutics. Hence, there are gaps in program learning outcomes, errors in law-making, legal evaluations, and explanations of legal phenomena and processes. Inattention to the primary meaning of the word is caused by a shortcoming of the current Standard of the Bachelor’s level of higher legal education of Ukraine: the absence of the need to know and understand the peculiarities of law-making in the list of program learning outcomes. Its linguistic excellence determines the quality of implementation and application of law.
 Analysis the author’s own teaching experience and of the results of studies of individual aspects of the problem by scientists T.I. Dudash, S.I. Maksymov, A.S. Tokarska and others. revealed the urgent need to normalize the contradictory situation in the legal terminology of Ukraine, where Ukrainian and foreign language terms of different meanings are chaotically combined. In particular, it is necessary to take into account the significant differences in legal naming and legal understanding between the continental European and Anglo-American legal systems, with an orientation towards the first as close to the legal traditions of Ukraine. The experience of preserving special national traditions of legal naming and legal understanding in the legal linguistics of the leading EU states – Germany and France – is important. For quality training of Ukrainian lawyers, it is necessary to improve their professional language culture. In particular, supplement the Standard with a separate learning outcome: «the need to know and understand the peculiarities of law- making». The integrated discipline «Theory and philosophy of law» with parallel teaching of the course «Ancillary legal disciplines» should be introduced into the curricula of the specialty «Law» in the first year. Teaching philosophy of law in the fourth year separate from legal theory is illogical. Compile an encyclopedic dictionary of the Ukrainian legal language, give it legal force in the training and practice of law-making and law-enforcing bodies. Focus on continental European law, preserving the uniqueness of the Ukrainian language of law from excessive foreign language borrowings.

The Territory of the State in the Pure Theory of Law of Hans Kelsen

The Territory of the State in the Pure Theory of Law of Hans Kelsen

Research of legal incentives within modern legal science

In modern general theoretical jurisprudence, the question of the influence of legal understanding on the formation of the legal culture of an individual and society as a whole remains a debatable issue, based on the fact that ideas about law in its internal and external expression are the basis of an individual’s behavior.The article presents the interpretation of legal incentives from the standpoint of a functional approach, in addition, it is noted that the roots of legal incentives are in the distant past, and its objective necessity is due to a person’s constant desire to receive an appropriate reward. Norms of law, which establish permissions, prohibitions and incentives, cannot have the same structure, since they aim to achieve directly opposite goals.Its stimulation plays the most important role in the formation and activation of useful legal behavior. At the same time, the category of legal incentive as a means of such influence should be distinguished from stimulation as a process of influence on the motivation of the behavior of legal subjects. In the most general form, legal incentives are a type of legal means and provide appropriate incentives in certain branches of law, which conditions the study of legal incentives at the sectoral level among scholars, for example, in labor law, family law, and others.It has been established that the problem of legal stimulation of legal activity is one of the most relevant and significant at the current stage of society’s development. It becomes obvious that with the transition to a different worldview, other forms of influence of the subjects of society, it is necessary to change the paradigm of legal thinking from legal interpretation as a coercive force to an understanding of law as a tool for satisfying the interests of members of society. Undoubtedly, quite a lot has been done on this matter in legal science, however, at the level of legal theory, it is necessary to solve the problem of changing the conceptual mechanism of legal support of lawful activity.In general, legal incentives are a type of legal means that ensure the implementation of law, the connection between the goals of legal regulation and its socially beneficial results.

Limitations of the right to environmental information

The article is devoted to the theoretical and legal analysis of the provisions on the openness of environmental information and restrictions on the right to access such information established in international and national legislation. Considered, in particular, norms enshrined in universal and regional international acts, such as the Universal Declaration of Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, as well as the Constitution of Ukraine, current laws of Ukraine. In addition, the limitations of access to information about the environment in the conditions of martial law were analyzed. The relevance of the chosen topic lies in the presence of competing norms in the legislation, which relate to the limitation of the entire array of information and information about the state of the environment as a separate part of it. The purpose of this article is to analyze the legislation that regulates the restriction of access to environmental information, its application in practice.To achieve the goal, the author used such methods as: analysis, synthesis, interpretation and comparative law. The results of the study are as follows: today, in the field of international law, there are still restrictions on the right to access environmental information. Such restrictions are legislated in national legislation and basically repeat the norms of international conventions. However, on a practical level, even under martial law, the right to access environmental information remains unrestricted by any additional legislation. In 
 this regard, a significant transformation is noticeable in the law enforcement of norms that enshrine human informational environmental rights, since only the Convention on Access to Information, Public Participation in the Decision-Making Process and Access to Justice on Environmental Matters (Aarhus Convention) reflects modern trends in legal understanding of the outlined issue, while the norms in the universal international acts adopted in the 40s and 50s are morally outdated.

Transgressing biomedical and legal boundaries: The “enticing and hazardous” challenges and promises of a Self-Managed Abortion multiverse

Globally, abortion has largely been understood, researched, and regulated within a medico-legal paradigm. However, self-managed abortion (SMA) questions the centrality of the law and bio-medical paradigms, as well as the presumed individuality of abortion decision-making that it is predicated on. SMA offers an “enticing and hazardous” (Donnan & Magowan, 2009, p. 9) challenge to traditional legal and biomedical understandings of and approaches to abortion, as well as to social, religious, (pro)creative conventions. In this paper, we detail how abortion remains exceptionalised, setting conditions for “permissible transgressions”. We explore how SMA fundamentally challenges and alters meanings of abortion, and its care and provision: from whose authority and knowledge is valued and centred, to the environments that abortion is possible in, to issuing a broader challenge around how abortion itself is understood and depicted, and how SMA, thus, represents a deliberate move towards new ways of making meaning and (re)imagining abortions.

Practice of the European Court of Human Rights as a Means of Preventing and Eliminating Judicial Error in Law Enforcement

In the study special attention was focused on consideration of such integral partst of the right to a fair trial, enshrined in clause 1 of Art. 6 of the Convention, as (a) the right to access to justice, (b) the principle of finality of judgement (“res judicata”) and (c) the standard of judicial independence and impartiality. Based on the examples of decisions of the ECtHR, it is concluded that these components are the basis of judicial activity in general and the behavior of judges that contribute to the prevention and elimination of judicial errors. The author supports the opinion that the above mentioned elements of the right to a fair trial are prerequisites for public confidence in the judiciary and the affirmation of justice in the sense of the legality of a court decision and moral consciousness. The article highlights the main reasons that influence judges to make various mistakes in their activities, such as: disagreements in judicial practice caused by the judges' misunderstanding of the content of the law or the existence of gaps in the legislation, significant violations of procedural law by judges due to their ignorance, or due to the abuse of the judges’ powers conferred on them by national law, external interference in the judge's activities and influence on him that are done for the purpose of giving advantage to one of the parties. The article argues that the Strasbourg Court expresses different positions regarding the stability of judicial practice. However, the author of the article is of the opinion that the unity of practice, that forms a common legal understanding of the same norms, contributes to the minimization of judicial errors, as well as compliance with the principle of "reasonable terms". In addition, the author expresses the position that the standard of finality of court decisions, that is mentioned in the ECtHR decisions, should not depend on the duration of the disputed legal relationship, since this leads to the spread of judicial errors in the application of law by lower courts. The article emphasizes that according to the practice of the European Court, in order to avoid any doubts about the judge's self-interest he/she must take all measures to eliminate such concerns. Otherwise, the judge concerned should be removed from further consideration of such a case. It is noted that this is also a requirement of the judge's integrity according to Art. 3 of the Code of Judicial Ethics. Taking into account all the above-mentioned considerations, it was concluded that the observance of convention rights and principles reflected in the decisions of the ECtHR guarantees judicial activity conducted by national courts with a minimum tolerance of judicial errors in law enforcement, and also confirms the high standards of behavior of Ukrainian judges during their consideration of cases. Key words: judicial error, enforcement, law, convention norms, decision, ECtHR, standard.

Peran Notaris Dalam Memberikan Penyuluhan Hukum Kepada Masyarakat Dan Tanggung Jawab Notaris Setelah Pensiun

The aim of this research is to find out and examine the public's understanding of notarial deeds and their functions; the role of Notaries in providing legal understanding to the public in understanding the law and their responsibilities in making notarial deeds in Pohuwato Regency. The research method used is normative law using a statutory approach and a conceptual approach. The existence of an authentic deed as written evidence plays an important role in every legal relationship in people's lives, in various economic activities, activities in banking, land, social activities, etc. The need for written evidence in the form of authentic deeds is increasing in line with the growing demand for legal certainty in various economic and social relations, both at the national, regional and global levels. With an authentic deed, rights and obligations can be clearly determined, guaranteeing legal certainty and at the same time it is hoped that disputes can be avoided. As a public official, a notary is required to be responsible in carrying out his authority so that he can provide legal education to the public in accordance with the notary position law. The results of this research are (1) The role of Notaries in providing legal understanding to the public in understanding the law in relation to making notarial deeds is carried out by providing legal counseling to their clients, which can be divided into 2 (two) criteria, namely legal counseling followed by making the deed and legal counseling without being followed by making a deed. Legal counseling followed by making a deed is an inseparable unit; and (2) the notary's responsibility for authentic deeds made after the notary's position has ended or retired. This can be carried out by the authorized parties as long as the authentic deed has not been canceled by law within a period of 30 years from the date it was made by the Notary.

Связь государства и права в концепции правопонимания Н.Е. Чижова

Law, as a phenomenon of civilization and culture, has been studied in science for more than one century. The greatest minds of mankind have tried to penetrate into the essence of law, to know the nature and define its concept. The scientific article is devoted to the analysis of the concept of law, set forth by the outstanding Russian jurist N.E. Chizhov (1853–1910). Scientific searches of N.E. Chizhov are associated with a legal understanding based on the norms of law, because they determine the external behavior of people in their life together. The scientist criticizes the theory of natural law, believing that the right is realized only in collective education with the interaction of people. This approach is consistent with the modern development of society, the values of which are: social partnership, economic, political and social solidarity, mutual trust of the state and society. The purpose of the study is to analyze the scientific works of N.E. Chizhov devoted to the concept of law and its relationship with the state. Emphasis is placed on understanding the nature of law through the nature of society and the state. The research methodology includes a wide range of scientific methods, in particular, universal (dialectical method), general scientific (analysis and synthesis), special (historical-legal, source-based method) and other methods of scientific cognition. The result of the conducted research was the conclusion about the demand for scientific knowledge of N.E. Chizhov in modern jurisprudence.

THE IDEA OF TRUTH-JUSTICE AS A TOOL FOR THE TRANSFORMATION OF THE LEGAL MENTALITY OF THE UKRAINIAN ETHNOSIS IN THE CONTEXT OF NATIONWIDE STATE CREATION: A SOCIAL-PHILOSOPHICAL ANALYSIS

In the last years of its history, the Ukrainian ethnic group faced numerous external and internal challenges, which, to a large extent, were the result of its previous genesis and profound transformations in public consciousness. At the same time, one of the central stereotypes of the domestic political and legal mentality is the idea of truth and justice as a basic social ideal and the basis of the legal order. Analysis of research and publications. The problem of mentality and the formation of behavioral stereotypes has been of interest to domestic and foreign scientists for a long time. The concept of «mentality» is most widespread in the writings of the French historical school «Annals». The scientific work of M. Blok, F. Braudel, M. Vovel, J. Le Hoff, J. Lefebvre, L. Fevre, R. Mandr and other scientists reveals the content of mentality and its structures, as well as the peculiarities of their influence on everyday life and activities of individuals who lived in different historical eras. The purpose and objectives of the article. In this article, the authors aim to analyze the idea of truth-justice as a tool for transforming the legal mentality of the Ukrainian ethnic group and to show its influence on the content of its behavioral stereotypes. Research methodology. The methodology of this research has a complex nature and is based on a socio-philosophical and philosophical-legal analysis of the behavioral guidelines of Ukrainians in the field of legal understanding. The results. The social ideology, developed on the basis of ancient social ideas and stereotypes of the national legal mentality, should become a tool for correcting such destructive phenomena in the state-building discourse as legal nihilism, anarchism, civic passivity, corruption, nepotism, etc. At the same time, the concepts of truth-justice, will-freedom and fraternity-equality are key in Ukrainian legal culture. Discussion. The interpretation of this idea in scientific opinion is not unambiguous. This idea clearly manifests itself in the context of the opposition between Truth and Evil in the national culture. Truth is inseparable from human existence and daily activities. The idea of truth is closely related to the idea of justice, which, according to many researchers, is a later, more rational and clearly defined phenomenon derived from truth. Justice as a socio-philosophical phenomenon is intended to act as a kind of moral measure of relations between individuals in society. It is considered as an authoritative criterion for establishing the correspondence between the nature of human activity and its assessment by the social community. Conclusions. Destructive behavioral stereotypes of the Ukrainian ethnic group that were formed, among other things, under the influence of factors of stressogenesis can be corrected with the help of the legal ideology of state building, which should be based on the content of the idea of truth and justice. The developed ideology should be based on the most stable constructive guidelines of the national legal mentality, organically complementing and ideologically justifying them.

The value of dignity: Health insurance, ethics and court cases in Brazil

This article examines court cases brought by clients against private health insurance companies and against Brazil’s public health system. When clients take private health insurers to court, they successfully claim that the insurer violated their dignity, which entitles them to a moral damage payment. Similar cases against the state did not include moral damage claims. In relation to public healthcare, it is somehow not possible to equate dignity with economic value. One might conclude that the dignity of consumers in the market is worth more than that of citizens vis-à-vis the state. Instead, I argue for a more subtle approach by concentrating on the ethics of incommensurability. What legal and ethical considerations lead to such a fundamental incommensurability between personhood and economic value? How do the actors involved in court proceedings (claimants, prosecutors, judges, and insurers) perceive the differences between cases against insurance companies and against public health authorities? What can we make of the differences between the legal and everyday understandings of dignity and morality?

Sociocultural Foundations of the Criminal Law Paradigm

The paper raises the question of the possibility of applying a paradigmatic approach to social knowledge in a way similar to natural science. And if such an approach is applicable, then the problem lies in allocation of paradigms, in particular, in relation to criminal law. Scientific knowledge, of which criminal law knowledge is a part, should be considered in unity with the ideological foundations of society. As far as the worldview changes, so do the socio-cultural foundations of scientific knowledge. The ideological basis determines the necessary connection between natural science and social cognition. The position is substantiated, according to which the paradigm in the social sciences should not depend on discoveries, as in natural science, but on changes occurring in the very structure of human thinking. The division of paradigms into classical and non-classical is taken as a basis, which corresponds to scientific attitudes, namely, realism and constructivism. This methodology allowed us to associate ontological types of legal understanding with realism, which are based on metaphysical entities (God, reason, cosmos, nature), and with constructivism — a modern postmodern type of legal understanding that does not appeal to ontology. Considering the key concept of a crime through the prism of the designated paradigms (classical and non-classical), the author shows how, along with the evolution of attitudes towards a person, the view of the goals and objectives of criminal law changes, how the classical paradigm (the paradigm of responsibility) changes to the non-classical paradigm (the paradigm of security). Both of these paradigms determine the vector of development of criminal law and criminal policy formed as the result of development of the concept of man and society.

What if It Were Me? A Qualitative Exploratory Study of Emergency Nurses’ Clinical Decision Making Related to Obstetrical Emergencies in the Context of a Post-Roe Environment

IntroductionPrevious research describes a significant knowledge deficit in obstetrical care in emergency settings. In a post-Roe environment, additional medicolegal challenges are documented across the obstetrics and gynecology landscape, but an understudied care setting is the emergency department, where patients may present to a practice environment where there is limited or no obstetrical care available. It is unknown how emergency nurses make decisions around these types of presentations. The purpose of this study was to explore the clinical decision-making processes of emergency nurses in the care of patients with obstetrical emergencies in the context of limited or absent access to abortion care and the impact of those processes on patient care. MethodsQualitative exploratory approach using interview data (n = 13) and situational analysis was used. ResultsSituational mapping uncovered human elements comprised nurses, providers, pregnant people, and families; nonhuman elements comprised legislation, education, and legal understanding. Social worlds mapping included challenges of inexperience, conflict about clinical responsibility, uncertainty about the meaning of legislation, and passivity around implications for patient care. Positional mapping yielded both the overlapping discourses around the phenomenon of interest and the area of silence around abortion-limiting legislation. DiscussionWe found that emergency nurses in states with abortion care-limiting laws had significant self-reported deficits in both education and training around the management of obstetrical emergencies. In this sample, there was a surprising lack of awareness of care-limiting legislation and the clinical, ethical, and legal implications for both emergency care staff and for patients.

Commodity, Property, or Right: What is the Legal Nature of Land in Brazil?

Objective: To point out the nature of land in Brazil from the duration of the Law of the Land of 1850, passing fazem parte acho que faz partethrough the Statute of the Land of 1964, to the Federal Constitution of 1988. The issue is represented by the following question: What is the legal nature of land in Brazil? Theoretical framework: This research is based on the historical approach of Smith (1990) and Martins (2015) aiming to understand the social transformation of the land. In the scope of the legal understanding, this research is supported by the perspective of Souza Filho (2021), who sees the land as the right to life, combined with the view of Hespanha (2009), who perceives the law as a result of interpretation. Method: This research is based on the analysis of content (Bardin, 2011) and, complementarily, the bibliographical research of authors who have dedicated themselves to studying the historical period covered by the analyzed legislation. Results and conclusion: Depending on the historical context and the legislative intent, land in Brazil have three different natures. The Law of the Land of 1850 saw the land as a commodity, whereas the Constitution of 1988 understood it as the nature of property and rights. Research implications: This study implies legal and social reflections regarding the process of the land grant to vulnerable groups. Originality/value: This research contributes to the understanding of the legal nature of land to those who might claim the subjective rights inherent to it, in addition to the social planning, distribution, and management of the lands in Brazil.

CIVIL LAW AND CIVIL PROPERTY IN THE LIBERTARIAN THEORY OF LAW BY V.S. NERSESYANTS

The article is devoted to the study of the methodology of the doctrine of civilization of the Russian jurist, academician of the Russian Academy of Sciences V.S. Nersesyants - the author of the libertarian legal theory of law. Civilization is a post-socialist system - a transitional period from socialist property to civil and all other types of property. Its main concepts are civil law and civil property. Their origin and semantic meaning are investigated with the help of a comparative historical analysis of the concept of property rights in the most authoritative theories of the XIX-XX centuries. The legal understanding of Russian thinkers is considered in the context of a pan-European one. It is noted that the basic concepts of civilization represent a new stage of scientific and philosophical understanding of property rights. The author of this article comes to the conclusions: 1) libertarian-legal theory is the result of a dialectical synthesis of classical and non-classical types of legal understanding; 2) in the methodology of V.S. Nersesyants, there is a clear distinction between legal and socio-political meanings in the understanding of property rights. Such differentiation of meanings was absent in previous theories of the twentieth century. Individualized civil law has a legal nature. It stems from the principle of formal equality. V.S. Nersesyants theoretically develops this principle and interprets civil law as equality of opportunities for all citizens in gaining actual freedom. The analysis of the concept of “civil property” is made, which allows it to be attributed to socio-political categories: the origins of civil property are in the nationalization of socio-economic resources, it is octroized by the state, and recognized by it as inalienable. V. S. Nersesyants considers it as an alternative to the bourgeois one in the “transition period”, especially for those who are not ready for some reasons, including ideological ones, to accept for themselves the strict rules of the capitalist market game.