В статье проводится анализ основных механизмов гибридного внешнего вмешательства во внутренние и внешние дела России, к числу которых относятся ведение полномасштабной информационной войны, беспрецедентная санкционная политика, организация диверсионно-террористическойдеятельности на территории РФ, популяризация экстремистской и радикальной идеологии, попытки изолировать Россию на мировой арене. Авторы проводят оценку эффективности мер, принятыхна национальном уровне с целью минимизации последствий таких угроз для научно-техническогоразвития РФ.
Comparative law. International uniform law, Jurisprudence. Philosophy and theory of law
The article is devoted to the current problem of the lack of a clear definition of the concept of “public order” in the context of private law relations and the ensuing issues of recognition and enforcement of foreign judicial and arbitration decisions in the Republic of Kazakhstan. The aim of the research is to substantiate the need to define and clarify the concept of public order. As a result of the comparative legal analysis, it was revealed that the clause on public order is enshrined in the national legislation of different countries and in international documents, and is also applied by courts, but is absolutely vague and does not have clear criteria for application. In this regard, the authors came to the conclusion that the uncertainty of this term can negatively affect law enforcement practice, creating legal uncertainty and the possibility of arbitrary decisions. The article provides an analysis of existing points of view on the content of public order and considers two opposing approaches: on the need to clarify the concept of public order and the position that its definition should remain flexible and undetermined. Considering the importance of ensuring legal predictability in the area of recognition and enforcement of foreign court and arbitration decisions, the authors concluded that it is necessary to define the conditions for the application of public order by developing its concept, which will ensure uniform judicial practice in the Republic of Kazakhstan and its further improvement.
The article examines the institution of prejudice (preclusion) in criminal proceedings, with a particular focus on its application in cases involving the criminal liability of legal entities. The author analyzes the historical, comparative-legal, and doctrinal aspects of prejudice, highlighting its importance for procedural efficiency, legal certainty, and the uniformity of judicial practice. Special attention is paid to the conflicts arising between the principle of binding judicial acts and the principle of free evaluation of evidence. Based on the analysis of the legislation of the Republic of Armenia, the case law of the Cassation and Constitutional Courts, as well as international standards (in particular, the 2005 UN Convention against Corruption and the practice of the European Court of Human Rights), the author concludes that facts established in cases against natural persons cannot automatically have preclusive effect in criminal proceedings against legal entities. The article emphasizes the necessity of independently establishing the elements of a crime with respect to organizations, which is determined by the differing aims and subject matter of proof concerning natural and legal persons. Considering the fact that the institution of criminal liability of legal entities as prescribed by the Criminal Code of the Republic of Armenia, adopted on May 5, 2021 and entered into force on July 1, 2022, has not yet become the subject of a comprehensive study and practical application, and numerous questions on the topic require clarification, it can be stated that the chosen topic remains relevant.
While discussing various issues related to interpretation of genocide from historical, moral and political perspectives, it is impossible not to address the legal issues, because genocide is not a just an occurrence – it is first and foremost one of the most serious international crimes against humanity. The legal aspect is all the more important given that the unambiguity, precision, specificity and uniformity of the legal wording have a major impact on the possibility of bringing perpetrators to justice; bringing the wording in line with global practice leads to more effective cooperation and guarantees and ensures assistance in investigating one or other case. Therefore, we would like to present a small comparative analysis on the approach to genocide in the Lithuanian legal system and how it is perceived in international law, wherefrom the concept of genocide originated.
The study is devoted to the legal regulation of combating counterfeit goods in the Republic of Kazakhstan and the European Union in the context of international standards for the protection of intellectual property. The purpose of the research is to provide a comprehensive analysis of mechanisms for protecting the rights of rightholders when goods cross the customs border, as well as a comparative examination of national and supranational approaches to the application of customs control measures. The theoretical framework of the study is based on the TRIPS Agreement, the customs legislation of the EAEU and the Republic of Kazakhstan, EU Regulation No. 608/2013, as well as judicial practice and legal positions of competent authorities. The findings demonstrate that the legal model of the European Union is characterized by a high degree of integration and procedural uniformity, whereas the Republic of Kazakhstan applies a two-tier protection mechanism operating at both the supranational level (within the EAEU) and the national level. The conclusion substantiates the need for further digitalization of procedures, strengthening of the ex officio mechanism, and expansion of cross-border cooperation. The practical significance of the research lies in the possibility of using its results to improve the customs regulation system, unify law enforcement practice, and enhance the effectiveness of intellectual property rights protection in the context of growing cross-border trade.
Constitutional amendments are pivotal moments in democratic governance because they recalibrate institutional power and renegotiate political legitimacy. The study examines how democratic legitimacy surrounding Pakistan’s 27th Constitutional Amendment is discursively constructed in the selected Pakistani and Western media through a comparative critical discourse analysis. The study investigates how media discourse frames constitutional change, institutional authority, and democratic norms. Guided by Fairclough’s three-dimensional model and van Dijk’s socio-cognitive approach, the analysis focuses on strategies of discursive legitimation and delegitimation, including authorization, rationalization, moral evaluation, modality, and framing. The findings reveal a pronounced ideological divide between domestic and international media narratives. Pakistani media discourse is internally polarized: state-aligned outlets largely frame the amendment as a technocratic and procedural reform aimed at enhancing institutional efficiency, governance continuity, and national stability, relying heavily on authorization and rationalization. In contrast, elite independent media most notably Dawn advances a counter-discourse that delegitimizes the amendment by portraying it as a constitutional rupture that undermines judicial independence, the separation of powers, and democratic accountability. Western media coverage is predominantly critical and relatively uniform, framing the amendment as a consolidation of executive and military power. Through moral evaluation, warning-oriented modality, and appeals to external legal expertise, these narratives position the amendment as incompatible with liberal democratic norms and international rule-of-law standards. Overall, the study demonstrates that democratic legitimacy is not an objective attribute but a discursively produced outcome shaped by ideological frameworks, power relations, and media positioning. It highlights the mediating role of media discourse in constitutional politics by showing how the same constitutional event is normalized domestically while being delegitimized internationally.
The article examines the legal position of Ukrainian researchers who, following the full-scale war launched by the Russian Federation against Ukraine, found themselves in European Union Member States under temporary protection or with refugee status. The aim is to clarify the scope of their labour and academic rights, compare the legal regimes of temporary protection and refugee status in terms of access to employment and education, and outline national regulatory specificities in Poland, Germany, and the Czech Republic. The methodology combines formal-legal, comparative-law, systemic and structural-functional approaches. The study argues that the combination of humanitarian status and the need to ensure continuity of research activity gives rise to a doctrinal category—the “researcher-refugee.” It shows that temporary protection ensures rapid access to residence, work, education and basic social guarantees but is time-limited and does not by itself secure long-term integration; refugee status, by contrast, offers broader and more durable guarantees. Case studies of Poland, Germany, and the Czech Republic reveal a hybrid model that couples humanitarian guarantees with dedicated academic instruments (facilitated university employment, scholarship and grant schemes, accelerated recognition of qualifications). Nonetheless, barriers persist regarding credential recognition, unequal access to competitive funding, and divergent institutional practices. The article’s novelty lies in conceptualising the category of the “Ukrainian researcher-refugee” and proposing a European framework for supporting displaced researchers. Its practical value is reflected in recommendations for harmonising EU Member State policies and for designing a national strategy in Ukraine aimed at support, cooperation, and future reintegration of researchers. Problem Setting. The full-scale war launched by the Russian Federation against Ukraine in February 2022 has caused an unprecedented wave of forced migration, with a considerable number of displaced persons belonging to the academic and research community. This situation has posed new challenges for Ukraine and the European Union concerning the protection of the rights of individuals granted temporary protection or refugee status, particularly in relation to research and academic activity. Therefore, there arises the need for a comprehensive legal analysis of the status of Ukrainian researcher-refugees, the specifics of their integration into the EU scientific and educational space, and the harmonisation of national and international legal mechanisms ensuring their rights. Analysis of Recent Researches and Publications. Significant contributions to the theoretical and practical aspects of this issue have been made by I. Yakoviuk, who explores the international legal mechanisms for protecting Ukrainian refugees within the European Union and the correlation between national and EU law. The researcher highlights that the effectiveness of temporary protection depends on the uniformity of legal standards and the coherence of policies among EU Member States. S. Hlibko focuses on the legal protection of social and labour rights of displaced persons, including those employed in the academic sector, and emphasises the importance of harmonising Ukrainian labour legislation with European standards. V. Kokhan analyses mechanisms of professional adaptation of Ukrainian citizens in EU countries, particularly in the fields of education, science, and entrepreneurship, stressing the importance of equal access to the labour market and the protection of employment rights. I. Podrez-Riapolova studies the legal framework for academic mobility of Ukrainian scholars within European educational programmes and underlines the need to improve procedures for recognising qualifications of persons granted temporary protection. In the broader context of humanitarian and migration law, O. Melnyk and O. Kostiuchenko address the general legal status of displaced persons and the role of international instruments such as the Council Directive 2001/55/EC and the Convention relating to the Status of Refugees in shaping European approaches to protecting Ukrainian citizens. Thus, researchers mainly focus on international, social, and educational aspects of temporary protection; however, the issue of legal guarantees for research activity and academic rights of Ukrainian researcher-refugees remains insufficiently explored and requires further in-depth study. Target of Research. The purpose of the article is to conduct a comprehensive legal analysis of the status of Ukrainian researcher-refugees in the European Union, to identify the specifics of exercising their labour and academic rights within the framework of temporary protection, and to propose ways of improving legal mechanisms that support researchers’ integration into the European scientific and academic environment. Article’s Main Body. The main part of the article examines the legal nature of temporary protection and refugee status under EU and international law, highlighting the role of Council Directive 2001/55/EC and Council Implementing Decision (EU) 2022/382 as foundational instruments for the protection of displaced persons from Ukraine. The study compares these regimes in terms of the right to work and education, noting that temporary protection ensures rapid access to residence and employment but is limited in duration, while refugee status guarantees long-term stability and integration. The article further analyses the legal position of Ukrainian researchers in Poland, Germany, and the Czech Republic, emphasising differences in national legislation and institutional practices. These states have implemented hybrid legal models that combine humanitarian guarantees with special academic instruments—simplified employment in universities, participation in grant programmes, and accelerated recognition of qualifications. Conclusions and Prospects for the Development. The study concludes that the legal position of Ukrainian researcher-refugees is shaped by a combination of international, European, and national norms. The EU’s temporary protection regime provides essential social and labour guarantees but does not ensure long-term integration. EU Member States apply hybrid models that combine humanitarian protection with academic mechanisms to preserve the intellectual potential of Ukraine. Further research should focus on the development of unified approaches to the legal status of researcher-refugees, the improvement of qualification recognition procedures, and the formulation of a long-term strategy for cooperation between Ukraine and the European Union in the field of research mobility and academic freedom.
This paper analyzes the gap between data protection regulations and the implementation of the right to privacy in Indonesia from a juridical normative perspective. Despite the enactment of the Personal Data Protection (PDP) Law in 2022, significant challenges remain in ensuring the protection of personal data. These challenges include vague legal definitions, limited enforcement mechanisms, and insufficient provisions for regulating emerging digital technologies such as artificial intelligence and big data. Additionally, public awareness of privacy rights remains low, further exacerbating the ineffective implementation of the law. Through a comparative analysis with international frameworks like the GDPR, this paper highlights key areas for improvement in Indonesia's data protection landscape. Recommendations include establishing a centralized data protection authority, enhancing legal provisions for technological advancements, and increasing public engagement to ensure the effective protection of privacy rights in the digital age.
Purpose. To study the problems of the system of variety testing in Ukraine, to study the ways and to justify the directions of its improvement, taking into account the practice of different countries. Methods. The researchers used general scientific methods including hypothesis, observation, search with elements of extrapolation from the source database, analysis, comparative evaluation and synthesis to draw conclusions. Results. The practices of variety testing in Ukraine, the United States of America and the countries of the European Union (the Kingdom of the Netherlands and the Republic of Poland) were studied. It has been noted that the EU Common Catalogue of Plant Varieties consists of varieties which were tested on a common basis and included in the national catalogues of the EU countries. For other countries (nonEU members) there are no special conditions for registration without examination. Registration is based on the results of official examinations carried out by national offices authorised by state authorities (bureaus). In order to conduct an examination to allow a variety to be marketed, a significant number of uniform criteria and minimum requirements must be established, taking into account international rules for certain provisions. The varieties listed in the EU General Catalogue are authorised for certification and sale as seed in all Member States of the European Community. At the same time, the United States has a different national system of distribution and registration, where state registration is not required for commercial distribution of varieties. Information about them and their value is the responsibility of the owner who conducts variety trials. This principle applies to both domestic companies and nonresidents. In accordance with the requirements of the current Law of Ukraine “On Protection of Rights to Plant Varieties”, varieties registered in the EU and/or the USA can be marketed in Ukraine without a qualification examination. Also, there are no official postregistration studies for varieties accepted and distributed in Ukraine. However, the majority of varieties from domestic applicants are not registered in the EU and/or the US and are therefore subject to the requirement to undergo at least a twoyear cycle of research to confirm their suitability for distribution in Ukraine. Such an interpretation of the conditions for registration of varieties in the territory of a Member State is contrary to the International Union for the Protection of New Varieties of Plants (UPOV Convention), WTO requirements (GATT Agreement on NonDiscriminatory Trade Treatment), Article 6 of Council Directive 2002/53/EC, and violates the constitutional rights of domestic breeders, as it places national applicants and their varieties on an unequal competitive footing. Conclusions. The improvement of the national legislation, in particular the elimination of the simplified registration (without conducting official research in the soil and climatic zones of Ukraine), will make it possible to create a uniform approach and equal conditions for the commercial circulation of varieties and seed trade for domestic and foreign breeders. Without any alternative, Ukrainian norms and standards should not contradict those in force in the relevant international and European organisations. This will facilitate the fulfilment of the requirements for the exchange of examination results between the member states of the UPOV Convention.
O presente artigo aborda a temática das mudanças climáticas em âmbito internacional. O problema que orienta o processo de pesquisa desenvolvido pode ser sintetizado a partir do seguinte questionamento: como promover e proteger o direito humano e fundamental a um sistema climático equilibrado na Era do Antropoceno? Com base nos dados levantados a partir de um conjunto de pesquisas realizadas sobre o tema na área do Direito e da Sociologia, refletidas na bibliografia que dá amparo ao presente estudo, torna-se possível afirmar que a concretização do direito humano e fundamental a um sistema climático equilibrado na Era do Antropoceno pressupõe uma metamorfose na forma como o indivíduo se relaciona com a natureza. Especificamente, os objetivos da pesquisa, que se refletem na sua estrutura em duas seções, são: a) apresentar o fenômeno das mudanças climáticas na Era do Antropoceno; e b) discutir a necessidade premente de concretização do direito humano e fundamental a um sistema climático equilibrado a partir de um diálogo amplo e inclusivo. Para conduzir a investigação emprega-se o método científico hipotético-dedutivo, o método de procedimento monográfico e, por fim, utiliza-se como técnica de pesquisa a documentação indireta.
Law in general. Comparative and uniform law. Jurisprudence, International relations
This article assesses the extent to which the law under the Organisation pour l’Harmonisation en Afrique du Droit des Affaires (OHADA) has been received in anglophone Cameroon after 26 years of existence, with specific focus on the Fako judicial division.1 With regard to the tenets of qualitative research, it is observed that, from the viewpoint of the legal reception technique, it is indisputable that OHADA law has been infused into the English-speaking legal system in Cameroon through legal techniques of transposition. Through the use of interviews and questionnaires as our research tools, it is revealed that this reception remains limited because most judicial actors still find it difficult to implement legislation that they have not yet mastered. Linguistic issues and the difficulties faced in accessing the Common Court of Justice and Arbitration based in Ivory Coast in Abidjan on OHADA-related matters are serious obstacles to its effective implementation. This situation has been worsened by the poor articulation of clichés that tend to radically oppose OHADA law compared to common law principles. This article tries to deconstruct the ideas received as it shows some of the similarities in the substantive law under the two systems and consequently advocates on this basis the idea that efforts be made to familiarize common law jurists with the content of OHADA law. The article recommends that linguistic issues be tackled by OHADA lawmakers right from the stage of legal drafting by using drafting techniques that will reduce the feeling that the common law is being neglected. For uniform acts yet to be translated, the translation process should associate experts in comparative law to enable the use of appropriate legal language in translation from French into English. Only such efforts will entice the common law African countries that are still hesitating to join OHADA law and, by so doing, will render investment in Africa more attractive.
Seyed Ali Haji Esmaeili, Ahmad Sobhani, Sajad Ebrahimi
et al.
<i>Background</i>: Due to the growing demand for energy and environmental issues related to using fossil fuels, it is becoming tremendously important to find alternative energy sources. Bioethanol produced from switchgrass is considered as one of the best alternatives to fossil fuels. <i>Methods</i>: This study develops a two-stage supply chain modeling approach that first determines feasible locations for constructing switchgrass-based biorefineries in the state of North Dakota by using Geographic Information Systems (GIS) analysis. In the second stage, the profit of the corresponding switchgrass-based bioethanol supply chain is maximized by developing a mixed-integer linear program that aims to commercialize the bioethanol production while impacts of energy use and carbon emission costs on the supply chain decisions and siting of biorefineries are included. <i>Results</i>: The numerical results show that carbon emissions and energy consumption penalties affect optimal biorefinery selections and supply chain decisions. <i>Conclusions</i>: We conclude that there is no need to penalize both emissions and energy use simultaneously to achieve desirable environmental benefits, otherwise, the supply chain becomes non-profitable. Moreover, imposing emissions or energy consumption penalties makes the optimization model closer to supply sources while having higher land rental costs. Such policies would promote sustainable second-generation biomass production, thus decreasing reliance on fossil fuels.
Transportation and communication, Management. Industrial management
Abstract: Indonesia is a state of law, where almost all provisions must be contained in the legislation. In the health aspect, it is also inseparable from the legal aspect, one of which is circumcision. Circumcision is a medical and invasive procedure whose implementation and evaluation are monitored by experts and professionals. In this study, I raised several matters of health law in it, namely, Do All Health Workers Have the Competence to Perform Circumcision Actions according to health law? The purpose of this study was to determine the juridical aspects of the circumcision of boys by doctors at the service as well as liability in the event of a home or even death. This research method is normative juridical. This article describes various problems related to circumcision as well as legal aspects related to male circumcision. Based on the results of a literature study, the authority for circumcision in boys is only with doctors, this is evidenced by the 2012 Indonesian Doctor Competency Standards which become competency level 4A, namely, doctors can carry out circumcision actions independently. The authority for circumcision can be delegated from doctor to nurse through a mandate, provided that the recipient of the mandate is a competent person in the field of circumcision, so there needs to be an institution that issues circumcision competencies for the nurse so that doctors can only delegate authority to competent nurses.
Keywords: Competence, Circumcision, Health Law
Abstrak: Indonesia sebagai Negara hukum, dimana hukum semua ketentuan harus termaktum dalam perundang-undangan. Dalam aspek kesehatan juga tidak lepas dari aspek hukum, salah satunya adalah tindakan sirkumsisi. Tindakan sirkumsisi adalah tindakan medis dan bersifat invasif yang pelaksanaan dan evaluasi dipantau oleh tenaga ahli dan professional. Pada penelitian ini saya mengangkat beberapa isu hukum kesehatan didalamnya, yaitu Apakah Semua Tenaga Kesehetan Memiliki Kompetensi Melakukan Tindakan Sirkumsisi Menurut hukum kesehatan?Bagaimana Kewenangan Tenaga Kesehatan Dalam Tindakan Sirkumsisi Di Layanan kunjungan rumat ? tujuan penelitian ini adalah mengetahui aspek yuridis pada tindakan sirkumsisi anak laki-laki oleh dokter di layanan rumah serta pertanggungjawaban dokter apabila terjadi kecacatan atau bahkan kematian. Metode penelitian ini adalah yuridis normatif. Artikel ini menjelaskan berbagai permasalahan berkaitan dengan tindakan sirkumsisi serta aspek hukum yang berkaitan dengan layanan sirkumsisi laki-laki. Berdasarkan hasil studi kepustakaan, Kewenangan tindakan sirkumsisi pada anak laki-laki hanya ada pada dokter, ini dibuktikan dengan Standar Kompetensi Dokter Indonesia tahun 2012 yang menjadi komptensi tingkat 4A yaitu dokter mampu melaksanan tindakan sirkumsisi secara mandiri. Kewenangan tindakan sirkumsisi dapat dilakukan pelimpahan dari dokter kepada perawat melalui delegasi, dengan syarat penerima delegasi adalah orang kompeten di bidang sirkumsisi, sehingga perlunya ada lembaga mengeluarkan sertifikat kompetensi sirkumsisi untuk perawat sehingga dokter hanya dapat melimpahkan kewenangan kepada perawat yang berkompeten.
Kata Kunci : Kompetensi, Sirkumsisi, Hukum Kesehatan
This study aims to determine and analyze the factors that cause land tenure without rights in Jambi City in the case of the Supreme Court Decision Number 1935 K/Pdt/2013 and the legal consequences of land tenure without rights in Jambi City in the case of the Supreme Court Decision Number 1935 K/Pdt. /2013. The formulation of the problems raised are 1) what are the factors that cause land tenure without rights in Jambi City in the case of the Supreme Court Decision Number 1935 K/Pdt/2013; 2). what are the legal consequences of land tenure without rights in Jambi City in the case of the Supreme Court's Decision Number 1935 K/Pdt/2013. The method used is the type of empirical juridical research. The results of the study show that 1) the factors that can cause land tenure without rights in the case of the Supreme Court Decision Number 1935 K/Pdt/2013 is an error in object. Farida Wan Hamid and the other defendants own the object of the case based on a grant from Defendant II as proof of ownership, namely Certificate of Ownership Number 511 dated July 11, 1972, issued by Defendant III, Jambi City Land Office; 2) land tenure without rights in the case of the Supreme Court's Decision Number 1935 K/Pdt/2013, is classified as an act against the law so that the actions of the party who did it can be filed in a civil lawsuit to ask for a sum of money for compensation.
ABSTRAK
Penelitian ini bertujuanuntuk mengetahui dan menganalisis faktor yang menyebabkan terjadinya penguasaan tanah tanpa hak di Kota Jambi pada kasus Putusan Mahkamah Agung Nomor 1935 K/Pdt/2013 dan akibat hukum penguasaan tanah tanpa hak di Kota Jambi pada kasus Putusan Mahkamah Agung Nomor 1935 K/Pdt/2013.Perumusan masalah yang diangkat yaitu 1) apa saja faktor yang menyebabkan terjadinya penguasaan tanah tanpa hak di Kota Jambi pada kasus Putusan Mahkamah Agung Nomor 1935 K/Pdt/2013; 2). bagaimanaakibat hukum penguasaan tanah tanpa hak di Kota Jambi pada kasus Putusan Mahkamah Agung Nomor 1935 K/Pdt/2013. Metode yang digunakan adalah tipe penelitian yuridis empiris. Hasil penelitian menunjukkan bahwa 1) faktor yang bisa menyebabkan terjadinya penguasaan tanah tanpa hak pada kasus Putusan Mahkamah Agung Nomor 1935 K/Pdt/2013 adalah keinginan untuk memiliki yang tinggi, disertai dengan adanya niat dan kesempatan untuk menguasai tanah yang jelas bukan miliknya; 2) penguasaan tanah tanpa hak pada kasus Putusan Mahkamah Agung Nomor 1935 K/Pdt/2013, digolongkan sebagai perbuatan melawan hukum sehingga tindakan pihak yang melakukannya dapat dilakukan gugatan secara pidana, pihak keluarga juga dapat mengajukan gugatan secara perdata untuk meminta sejumlah uang ganti rugi.
Penelitian ini bertujuan untuk mengetahui bagaimana ketentuan pelaku incest dalam Undang-undang No. 23 Tahun 2002 Tentang Perlindungan Anak studi kasus di pengadilan negeri polewali. Dan untuk mengetahui Tinjauan Yuridis Pelaku Incest (Perkawinan Sedarah) terhadap anak dibawah umur. Penelitian ini termasuk jenis penelitian hukum normatif dengan pendekatan perundang-undangan, analisis, dan kasus. Sumber data pada penelitian ini adalah sumber data sekunder yang meliputi bahan hukum primer, bahan hukum sekunder, bahan hukum tersier. Hasil penelitian menunjukkan bahwa, Perkawinan sedarah (incest) yang dilakukan ayah terhadap anak kandung disebabkan oleh beberapa faktor. Faktor tersebut antara lain tidak bermoral atau lemahnya iman, ekonomi, kesempatan, ancaman, pengaruh alkohol, kesepian, keluarga tidak harmonis, pendalaman ilmu hitam, dan ketidaktahuan korban tentang seksual.
Hasil dari penelitian ini yaitu: 1. Faktor yang menyebabkan terjadinya Perkawinan sedarah (incest) yang dilakukan oleh ayah terhadap anak kandung bagi pelaku Perkawinan sedarah (incest) oleh ayah terhadap anak kandung. Menunjukkan bahwa masih ada hakim yang tidak menerapkan sanksi pidana sebagaimana aturan yang berlaku. Penjatuhan pidana kandung. Menunjukkan bahwa, Perkawinan sedarah (incest) yang dilakukan ayah terhadap anak kandung disebabkan oleh beberapa faktor, antara lain tidak bermoral atau lemahnya iman, ekonomi, kesempatan, ancaman, pengaruh alkohol, kesepian, keluarga tidak harmonis, pengaruh ilmu hitam. 2. Penerapan sanksi pidana dan upaya penanggulangan memang tidak dapat mengembalikan kerugian yang diderita korban, namun setidaknya dengan penjatuhan sanksi yang berat, secara psikologis dapat memberikan kepuasan terhadap korban dan merasa dihargai
Kata kunci : Inces , Sanksi Pidana, Upaya Penanggulangan
Jurisprudence. Philosophy and theory of law, Islamic law
This article presents a right introduced to the legal system addressed to decision-making bodies of a local government to authorize wójt (a head of a commune) to change budget in relation to providing help to Ukrainian citizens. Considerations focus on determining the normative nature of a resolution adopted pursuant to Article 111 u.p.o.u. and the delineation of boundaries of matters transferred to the delegation. Particular attention in the article is devoted to a possibility of implementing the aid sub delegation into the local law system, as well as a relationship in which the resolution delegating the right included in the act to the resolution implementing this right in the scope of the activities of the decision-making body remains.
Comparative law. International uniform law, Political institutions and public administration (General)
This article is a comparative legal analysis of the regulatory framework and practice of applying provisional measures by regional human rights courts — the European Court of Human Rights, the Inter-American Court of Human Rights and the African Court of Human and Peoples’ Rights. It notes that despite the considerations expressed about an ongoing convergence of the approaches of these courts regarding provisional measures, these approaches are strikingly different in all three courts. This can be explained by the fact that they were created by different international treaties with different State parties and varying degrees of detail on the issues of provisional measures. In addition, the practice of applying provisional measures is influenced by factors such as the duration of activity and the authority of each court, as well as the general political and legal contexts in which these courts operate and the specific context in which a decision about provisional measures is made. Because of this, in practice there is an evident pluralism of these courts’ approaches to such issues as the goals and criteria for the application of provisional measures, the inseparability of the connection of provisional measures with the main case under consideration by the court, and the legal characterization of non-fulfillment of provisional measures. In addition, regional human rights courts — unlike, for instance, investment tribunals and the International Tribunal for the Law of the Sea — do not apply in their practice the plausibility criterion developed by the International Court of Justice, nor do they apply the fumus boni iuris criterion used by the Court of Justice of the European Union. All this increases the risk of fragmentation of international law, not only because of human rights courts’ competing interpretations of similar norms of international law and conflicting decisions, but also because of these courts’ inconsistency and lack of uniformity when ordering provisional measures.
The article examines the legal qualification of state-led information operations that aim to undermine democratic decision-making processes in other states. After a survey of the legal attitudes of states towards such operations during the Cold War, the impact of the digital transformation on the frequency and quality of information operations is explained. The article assesses scholarly responses to the outlined paradigm shift regarding the prohibition of intervention, respect for sovereignty, and the principle of self-determination. The study then inquires whether it is possible to detect a change in how states qualify adversarial information operations by tracking recent state practice and official statements of opinio juris. The survey concludes that there is insufficient uniformity to allow for an inference that the content of the analysed rules of customary international law has already shifted towards more restrictive treatment of foreign interference. As a possible way forward, the article ends with a proposal to focus on deceptive and manipulative conduct of information operations as the most viable path to outlaw such state behaviour in the future. Instead of attempting to regulate the content of information, this approach is better suited to safeguard freedom of speech and other potentially affected civil rights.
INTRODUCTION. Since there are many threats in the modern world, states consider the essence of security in its various manifestations. A rather extensive understanding of security should be noted, as this concept applies to multiple directions of our life. So-called SPS measures are one of the vectors aimed at ensuring safety (protection) of human life and health. The scientific literature covers rather extensively SPS measures, taken by states, which include mandatory sanitary, veterinary and quarantine phytosanitary requirements and procedures. The novelty of the study is that SPS measures will be analyzed in terms of their use as hidden barriers to international trade, as well as how often they are used when a particular sanitary or phytosanitary measure imposed by a state or maintained in force by a member of an international organization restrains or can potentially restrain export of its goods.MATERIALS AND METHODS. In international trade certain issues of the contemplated problem are regulated by Article XX of GATT, as well as by the Special Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). Security measures reflected in the Article XXI of GATT-94 are not considered.RESEARCH RESULTS. Th author concluded that SPS measures construe hidden barriers to international trade. However, it is possible to establish "rules of the game", to agree on this problem in concluded agreements on the rules of application of SPS measures, minimizing the possibility of their unfair use. As for the EAEU law, it affects the development of international norms in the field under consideration.DISCUSSION AND CONCLUSIONS. The urgency of the issues dealt with in the article is based on the fact that every resident of any state in one way or another wants to be sure of the safety of all that he consumes and that the state or a number of states within the framework of an international organization are obliged to ensure this. The Eurasian Economic Union (EAEU) is no exception, it also faces similar tasks. The article analyzes the results of activities in the sphere of decision-making on SPS measures and the framework of the international organization of regional economic integration – the EAEU.
Law of nations, Comparative law. International uniform law