Violation Of Law Research Articles

Optional but not qualified: Neutrality, the UN Charter and humanitarian objectives

Abstract Neutral States must abstain from supporting a party to a conflict with military equipment and assistance. This core aspect of the law of neutrality has not changed with the adoption of the UN Charter in 1945, or with the brutal Russian aggression against Ukraine. That said, by reviewing the changes to neutrality law over time, this article finds plausible reasons to believe that neutrality has – for better or worse – become optional for the vast majority of States, which can today opt to be non-belligerent States – i.e., States that are neither neutral nor parties to the armed conflict. All States have to cooperate to bring to an end serious violations of international law, including humanitarian law, and this duty of cooperation has abolished “sitting-still neutrality”, but it does not render neutrality law moot. This reading of “optional but not qualified” neutrality maintains the core neutrality idea of abstaining in military matters. In this article, I argue that views of “obsolete” or “qualified” neutrality are not new at all but depart from well-accepted rules of legal interpretation and raise concerns about double standards. Viewing neutrality as optional but unqualifiable offers greater conceptual clarity, is more honest than alternative views, and comes with advantages for humanitarian action.

Beyond retribution: Individual reparations for IHL violations as peace facilitators

Abstract Three decades after the United Nations Security Council invoked its Chapter VII powers to create the ad hoc criminal tribunals, there can be little doubt that the prosecution of individuals responsible for serious violations of international humanitarian law (IHL) contributes to restoring and maintaining peace. While there is little doubt that the reparatory function of justice is just as crucial as retribution, under international law today, reparations for IHL violations remain harrowingly insufficient or borderline non-existent. In scholarship and strategic litigation, various attempts have been made to distil an individual right to reparations from black-letter IHL. This article argues that such approaches are doomed to fail, as procedural aspects of international obligations rarely, if ever, emerge through the evolution of an existing customary international obligation, let alone via the crystallization of a new customary international norm. They are usually triggered by a political shift that makes States adopt novel regulations setting forth the jurisdictional ramifications of enforcing a pre-existing right or obligation. This article thus advances a two-fold argument. First, it asserts that States’ increased compliance with the obligation to provide compensation for violations of IHL attributable to them would contribute to “the restoration and maintenance of peace” just as much as the prosecution of persons responsible for serious violations thereof. Second, it argues that the individual right to claim reparations for IHL violations can only be established through a political decision of States, and that the establishment of an international mechanism for Ukraine might be an important precedent for the evolution of the current international system.

A proposed dietary policy package for the health sector in Iran

BackgroundInsufficient physical inactivity and an unhealthy diet are significant health risk factors globally. Dietary risk factors were responsible for approximately 16.5% of all deaths in Iran in 2019. This paper aimed to propose a dietary policy package for the health sector to reduce the risk of an unhealthy diet, which might effectively help prevent and control non-communicable diseases (NCDs) in Iran.MethodsIn this qualitative study, we conducted semi-structured, face-to-face, and in-depth interviews with 30 purposefully selected experts, including policymakers, high-level managers, and relevant stakeholders, during 2018–2019 in Iran. All interviews were digitally recorded, transcribed verbatim, and thematically analyzed, facilitated by MAXQDA 11 software.ResultsWe developed several dietary recommendations for different stakeholders. These include traffic light labeling reforms, i.e., the need to make the signs large and readable enough through utilizing advanced technology, cooperation with other sectors, promoting healthy symbols and supporting food products with them, food basket reforms, updating dietary standards, adopting appropriate mechanisms to report violations of harmful products laws, scaling up mechanisms to monitor restaurants and processed foods, and creating an environment for ranking restaurants and other relevant places to support a healthy diet, for instance through tax exemption, extra subsidies for healthy products, Non-Government Organizations (NGOs) alliances, and using influential figures.ConclusionIran’s health sector has developed a practical roadmap for the prevention and control of NCDs through promoting healthy nutrition. In line with the sustainable development goal (SDG) 3.4 pathway to reduce premature mortality due to NCDs by 30% by 2030 in Iran, we advocate for the Ministry of Health and Medical Education (MoHME) to adopt appropriate evidence-informed interventions for improving public health literacy and reducing consumption of unhealthy food.

From silence to vigilance: overcoming barriers in public reporting of bid-rigging and cartel violations

Abstract There are several ways to collect information on violations of antitrust laws, including ex officio detection, reports from the general public, and the use of leniency systems. There have been many discussions on improvements in the use of leniency systems and refining the ex officio detection method by improving the use of data by methods of analysis. However, improvements in public reporting have not often been considered. In this study, we confirm that 68.8 per cent of the general public provides information on bid-rigging and 49.6 per cent of the general public provides information on cartels, and that the reason for not providing information is the unlikelihood of success, which means a sense of powerlessness against powerful companies, followed by a feeling of lack of responsibility. Therefore, addressing that perception is the key to increasing information from the general public.

ON SOME APPROACHES TO REGULATING DIGITAL ECOSYSTEMS

The dichotomy of development and regulation of digital ecosystems has attracted the attention of many theorists and practitioners over the past 10 years. The emergence and poorly regulated development of electronic platforms and ecosystems contributed to the formation of a new business model that did not fit into the coordinates of the legal institutions of the functioning of the traditional economy. In the process of their expansion, digital platforms have demonstrated a number of advantages over traditional business models, while simultaneously increasing their fundamental disadvantages. The article reveals the causes of the emergence and rapid development of digital ecosystems, the phenomenon of ecosystem's dependence. The pros and cons of ecosystem's functioning, the formation of their monopolistic essence, the violation of fundamental market laws, and the factors of their destructive influence on the modern economy, society, and consumers are analyzed. The main directions of activity of national regulators in the USA, the EU, and Russia are presented.

Enhancing Human Development in Nigeria Through Constitutional Reform via the Human-Rights-Based Approach to Development

Development indexes and scholarship portray Nigeria as non-developed. Non-development is acutely felt in the sphere of human development. This article interrogated the state of Nigeria’s human development by showing that the violation of human rights law is at the heart of Nigeria’s lack of human development. It offered some constitutional reform proposals that could potentially cure the country’s perceived human development weaknesses. It also utilised the human-rights-based approach to development. Consequently, the article answered the following research question: Is it possible to realise human development in Nigeria using the human-rights-based approach to development by way of constitutional reform? While acknowledging the weakness in the often argued importance of making chapter 2 of the 1999 Constitution justiciable, it made a case for the introduction of suo motu intervention by the judiciary in order to boost the realisation of rights that enhance human development: Right to health, right to education and right to a decent standard of living. It also argued for the relaxation of the rigidity of dualism in the 1999 Constitution in order for Nigerians to benefit from certain doctrines, like the principle of progressive realisation, which favour the aforementioned rights that enhance human development. To buttress this point, the paper then cited the innovative section 254(c)(2) of the 1999 Constitution which, to promote the plight of the Nigerian worker, did something similar with regard to the accommodation of international law instruments related to industrial relations.

Effect of Dobbs on the Obstetrics and Gynecology Workforce [ID 2683443

INTRODUCTION: After the Dobbs v. Jackson decision in June 2022, 17 U.S. states have functionally banned abortion. Little research has focused on consequences of these bans for obstetrician–gynecologists in affected states, for whom medically necessary care provision may now carry serious personal and professional consequences. The objective of the Study of Ob-Gyns in Post-Roe America (SOPRA) was to characterize how abortion bans affect obstetrician–gynecologists and identify institution-level practices to support obstetrician–gynecologists in abortion-restrictive policy climates. METHODS: This was a cross-sectional qualitative study of 54 obstetrician–gynecologists from 13 of 14 states that had banned abortion as of March 2023. Data included semistructured interviews conducted from March to August 2023, which were thematically coded and analyzed. Institutional review board approval was obtained. RESULTS: We identified three major domains in which laws affected obstetrician–gynecologists: 1) clinical effects (waiting to provide necessary care until patients became sicker or institutional permission to treat was obtained; inability to counsel on pregnancy options; inability to provide or refer for appropriate care; patient relationships); 2) professional effects (conflicts with colleagues; documentation; fears and perceived consequences of law violation; practicing below the standard of care; moral distress and moral injury; job satisfaction; intention to leave the state); and 3) personal effects (health and well-being). Institutional practices—both helpful and harmful—modified the laws' effects on physicians. CONCLUSION: Findings reveal pervasive effects of state abortion bans on obstetrician–gynecologists, with implications for workforce sustainability, physician health, and patient outcomes. Institutional practices to support and protect obstetrician–gynecologists in restrictive policy environments may help mitigate laws’ effects on attrition and physician well-being.

소방특별사법경찰의 수사에 관한 직무집행능력 향상 방안연구

This study focuses on fire special judicial police and measures to improve their ability to carry out their duties regarding investigations by securing expertise as the subject of investigation of violators of fire laws and regulations in the area of fire administration, improving the hiring system, establishing a unified investigation-only organization, and strengthening the education and training system. The purpose is to present. The research method was an exploratory analysis of related previous research papers, statistical yearbooks such as the National Fire Agency, operation cases in foreign countries such as the United States, various government reports, homepages of Korean government ministries, and media reports. As a result of the analysis, there are only a very small number of personnel dedicated to investigative work, most of them hold other positions concurrently, the investigative position does not have a division-level structure, so independence is not secured, there is no public recruitment or special recruitment system for fire chiefs or lower to perform front-line investigative work, and no training for job training. Course opening was also insufficient. In conclusion, avoid the new investigative field recruitment or special recruitment system and rotational personnel system, designate the fire and special judicial police duties as a specialized field, ensure job continuity, establish a unified organization, develop a job training course, and complete at least 6 months of professional training. The introduction of an education system should be implemented quickly.

Konsep Penegakan Hukum Pidana Adat di Indonesia Berdasarkan Asas Kepastian Hukum

One of the advances in Indonesian criminal law is the recognition of customary criminal law in the New Criminal Code. However, there will be problems in enforcing national criminal law if customary criminal law is accommodated. The problem that will be studied in this research is the consequences of the implementation of customary criminal law in enforcing national criminal law and enforcing customary criminal law in Indonesia that has legal certainty. This research is legal research with a typology of normative/doctrinal legal research which aims to produce a new argument, theory or concept on the problem being studied. The research results show that the application of customary criminal law in enforcing national criminal law will have the potential for disharmonious relations between law enforcement officials and local customary institutions. Therefore, enforcement of customary criminal law in Indonesia with legal certainty can be achieved by reviving the Customary Courts which have the authority to examine and try violations of customary criminal law. This research recommends immediately compiling customary law through regional regulations and immediately enacting a Draft Law on Customary Courts to ensure legal certainty of customary justice in the Indonesian Judicial System.

Penegakan Hukum Pelanggaran Lalu Lintas Merokok Saat Berkendara Oleh Satuan Lalu Lintas Polresta Bukittinggi

The development of road transport infrastructure has an important role in supporting economic activities, but on the other hand it gives rise to various problems regarding traffic law violations, accidents, etc. To prevent this, law enforcement officers are needed who have the authority and responsibility for state security and order, namely the State Police of the Republic of Indonesia as stated in their main duties, namely Law Number 2 of 2022 concerning the State Police of the Republic of Indonesia. Motor vehicle accident cases that occur in Indonesia have attracted a lot of public attention. One of them is caused by the driver not focusing when driving the vehicle. An action that is often carried out by motorbike riders is smoking while driving. There are already regulations prohibiting smoking while driving, which are contained in the Regulation of the Minister of Transportation of the Republic of Indonesia Number 12 of 2019 Article 6C. The research will analyze the law enforcement process for smoking while driving traffic violations by the Bukittinggi Police Traffic Unit and its obstacles and efforts to overcome these obstacles. This research includes library research, the approach method is empirical juridical, in the real sense and examines the law in society and how the law relates to society. The data required is primary and secondary data, collected through interviews, documents and literature review. The results of the research show that the public does not yet have the awareness of smoking-free driving, while the law enforcement provided by the police is only limited to warnings, this makes drivers continue to commit traffic violations due to the lack of strict law enforcement provided. Even though the regulations exist, law enforcement is still weak, in terms of community habits and law enforcement officers.

Mekanisme Pelanggaran Pemilu di Bawaslu

Every election law enforcement is handled by an institution or agency that has the authority to supervise and enforce laws related to elections. In many countries, this task is usually carried out by an electoral body or electoral commission which is independent and has the authority to regulate and supervise the electoral process, as well as to take action against law violations that occur during elections, and the police institution also plays an important role in dealing with criminal election violations that are election participants and volunteers.

Financial Issues of Third Party Litigation Funding in Anglo‑Saxon Law and in the Russian Federation

The paper is devoted to the issues of legal regulation of litigation funding by persons not directly involved in the case. The study is based on the case law of the British Commonwealth and the Russian Federation. The historical aspects of the formation of the institute and the champerty doctrine are considered, in which such financing is disclosed in two aspects: a) support and encouragement of the process itself, when in its negative connotation control or support of the dispute or the parties leads to a violation of common law; b) a percentage of the price of the claim without material interest in the dispute.The paper examines the issues of reimbursement of court costs in Russia, England and Ireland, and, considering the case of the United States, starts a discussion about the possibility and necessity of disclosing information about the sources of litigation funding. The question is raised about the need to extend the financial confidentiality regime to relations on litigation funding without any exceptions. Following the cases of court practice in England and Ireland, the author raises questions about the legal status and interest of the procedural sponsor. It is argued that the rhetoric about the role of the court may be lofty, but the reasoning does not reach such heights if access to justice is blocked due to lack of funds. Litigation funding and the assignment of rights allow low-income parties to achieve a certain degree of justice; it can be recognized that justice is imperfect, but better than none at all.

Computer and Cyber Crimes

All that were impossible so for, internet have made them possible. Computer has facilitated to restore lots of Data in small memory, which seems to be very impossible from the view of human. Based on the high speed of computer, it calculates and counts very complicated issues within seconds. The improvement in information technology has negative aspect as well. It means it has facilitated for some crimes and illegal activities against the community that before it was very impossible and couldn’t happen. Computer systems is a modern and improved opportunity for law violators, and have made the law breakers to keep up with changed method and feature of crimes. Computer crimes have created much more problems in modern communities; for instance legal societies have confront such conflicts and problems. Such crimes include the ancient and practiced criminal activities like; robbery, deceiving, hacking, and financial abuse, or they have completely new nature which is unpredictable, which have created problems to the former criminal code and criminal procedure code.

Legislative regulation of criminal liability of judges for passing an unjust or illegal judgement

The article provides an analysis of the legislative regulation of criminal prosecution of judges for making a deliberately unlawful decision or in violation of procedural law. International standards on of criminal liability of judges and judicial immunity, as well as judicial decision, and generalized approaches of legislators of other states to criminalization of rendering an unjust, illegal and/or unreasonable or biased judgement, and for comparison and other acts related to the performance of judicial duties. The article examines the provisions of the Criminal Procedure Code of Ukraine regarding the legality and validity of a court decision. A court decision is based on the principles of the rule of law, it must be made by a court in accordance with the substantive law and in compliance with the procedural law, and must meet the objectives of the relevant legal proceedings, but if it is made on the basis of insufficiently and comprehensively clarified circumstances, then it is an unreasonable court decision that is not deliberately unjust.
 The study was also based on the case law of national and international courts. The issue of interpretation of “criminal liability” was based on the study of the practice of the Constitutional Court of Ukraine. Compliance with the procedural procedure for bringing judges to criminal liability contributes to the observance of guarantees of their inviolability and independence, plays an important role in the resolution of criminal proceedings on the merits and is a prerequisite for observance of the general principles of criminal proceedings and the delivery of a lawful, reasoned and motivated court decision.
 The article highlights that the concepts of “injustice”, “illegality” and “unreasonableness” are not synonymous and have different procedural content.

El conde Alarcos: Honor, Excess, and the King

Abstract: The Count Alarcos plays, although tragic for the most part, do not deal with a whimsical fate or a cosmic infringement of moral law. An actantial model shows how dramatic characters like Count Alarcos and the Royal Infanta shape their own destinies by insisting on their excessive singularity. The King in these works tries to remove that excess by honorable means, which, moreover, infringe on the rights of others, creating an imbalance. Hence, supplementary forces intervene to establish an equilibrium between two contending forces: a primary claim to love and honor, which demands recognition and legitimacy, and a secondary claim to love and honor, which demands validity and continuity. If a reconciliation ensues, one has a sense of ethical tranquility; if not, death and tribulation follow.

From New to Indispensable: How the 2004 Enlargement Reshaped the EU’s Transformative Powers

This editorial introduces a thematic issue that examines the consequences of the accession of the Central and East European countries to the EU 20 years onward. The socioeconomic transformation of these countries in the pre-accession period was considered a remarkable success, that was attributed to the EU’s conditionality policy. However, in the post-accession period, when these countries gained full membership rights and began playing a more active political role, they started deviating from some EU norms and rules, against a backdrop of EU crises. This shift has been, notably, reflected in concerns about democratic backsliding and rule of law violations. Nonetheless, the contributions in this issue also underscore that these countries have internalized (both top-down and bottom-up) EU norms and rules to a much greater extent than the focus on conditionality would suggest. Moreover, since Russia invaded Ukraine, Central and East European countries have become entrepreneurs of EU policy and bolstered its transformative power. These findings indicate a need to focus not only on the fundamental shortcomings in these countries—as the attention conferred to the (lack of post-accession) conditionality suggests—but also to consider other factors, such as the quality of the EU’s governance and political system, policy learning, geopolitics, and member states’ domestic politics.

Violation of laws and customs of war (Article 438 of the Criminal Code of Ukraine), committed on behalf of and in the interests of the Russian Federation: problems of criminal legal response

The article is devoted to clarifying the question of whether criminal measures can be applied to legal entities in the event of an authorized person committing a crime on behalf of and in the interests of a legal entity under Article 438 of the Criminal Code of Ukraine. Based on the interpretation of the norms provided for by paragraph 4 of part 1 of Article 96-3 and part 2 of Article 96-4 of this Code, a legal conflict has been identified, which consists in the presence of a declarative norm on the possibility of applying such measures in this case (paragraph 4 of part 1 of Article 96-3 of the Criminal Code of Ukraine) and a norm that excludes such a possibility (part 2 of Article 96-4 of this Code). It offers the basis of application of measures of criminal and legal nature in relation to legal entities to consider through the prism of a set of three conditions (components), namely: 1) commission by an authorized person of criminal offenses provided for in a specific paragraph of part 1 of Art. 96-3; 2) committing these criminal offenses on behalf of and/or in the interests of a legal entity (depending on its wording in the relevant paragraph); 3) belonging of legal entities to the type provided for in Art. 96-4 of the Criminal Code of Ukraine. It is established that, in view of the legal status of combatants who are involved by the State in armed conflicts of an international or non-international nature and take part in hostilities on the side of the relevant belligerent party in the composition of regular and irregular troops, are representatives of this party, that is, they act on behalf of and in the interests of the relevant governments, the State that involved them in hostilities. Such combatants, accordingly, act on behalf of and in the interests not only of the state, but also of the relevant state formation, including military ones. At the same time, in case of committing such unlawful acts by an authorized person of the state or a legal entity under the effective control of the state or a subject of state property, it bears exclusively civil responsibility for the benefit received and the damage caused (part 2 of Article 96-4 of the Criminal Code of Ukraine). It is proposed to eliminate such a conflict by excluding from paragraph 4 of Part 1 of Article 96-3 of the Criminal Code of Ukraine an indication of Article 438 of this Code.

The consistency principle: Crisis perceptions, partisanship and public support for democratic norms in comparative perspective

AbstractA growing body of research theorizes that partisanship can undermine democracy as citizens prioritize their political interests over abstract norms and values. We argue that crises might counteract intense partisanship by giving citizens clarity on the threats posed by rule of law violations. Examining the differential application of a law – a breach of democratic norms – we draw on an experiment embedded in representative surveys of Germany, the United States, Hungary and Poland to examine citizens’ sense of appropriate punishment for elites’ violation of a municipal mask‐wearing ordinance. We find evidence of partisan bias in citizens’ willingness to support punishment in all four countries. But, in the two consolidated democracies, we find that concern about the Covid‐19 crisis diminishes partisan biases in punishment preferences: citizens who are most concerned about the crisis also model the most consistency in their willingness to hold copartisans into account.

Penguatan Literasi Digital Dalam Pencegahan Pelanggaran Hukum Siber (Cyber Law)

With the advancement of information technology that is increasingly influential, a new legal paradigm has emerged known as cyber law or telematics law. This study aims to understand the role of digital literacy in preventing cyber law violations. The approach to be used in this paper is a normative juridical approach (Legal Research). This approach will be used to analyze various principles and regulations related to Digital Literacy and Cyber Law. This study has specifications as Positive Law Inventory Research. The data used in this study are secondary. The data will be systematically compiled and analyzed in a qualitative normative manner to gain a clear understanding of the issues discussed. The results showed that digital literacy involves attitudes, understanding, and skills in managing and communicating information effectively through various media and formats. With proper strengthening of digital literacy, individuals and organizations can be better prepared to face the challenges of cyber law violations in the digital age.

TRACING THE MEANING OF RASTRA SEWAKOTTAMA'S PHILOSOPHY AS A TOOL FOR CONTROLLING VIOLATIONS IN POLICE MANAGEMENT (STUDY AT PALOPO CITY POLICE STATION)

This study aims to reveal the meaning of Rasta Sewakottama in human resource management at Palopo City Police Station. Using qualitative phenomenological methods, this research found that to improve organizational performance, reduce violations of laws and violations of the code of ethics required collective awareness, a sense of responsibility, respect for differences and self-development. This can be achieved optimally by the example of the leader and the ability of the Human Resources unit to place personnel. Formation is done through weekly activities such as spiritual guidance and counseling. In addition, optimization of information systems is used by the National Police to monitor the performance of each personnel. The meaning of the philosophy of Rasta Sewakottama according to the Palopo City Police Chief is the deepest awareness of all police members to carry out state duties as guardians of public order and security. Through this personal awareness, the potential for violating the code of ethics and other violations of the law can be minimized.