The development of electronic communications has created the preconditions for defining different, inherently alternative rules compared to the traditional rules of joint stock company law governing the convening and holding of shareholders’ assemblies. New methods of notifying shareholders of the shareholders’ assembly are being introduced, including the granting of electronic proxies for voting, as well as the participation of shareholders in the work of the shareholders’ assembly by electronic means. The rules defined in domestic legislation are harmonized with EU law and provide an adequate response to the needs of practice and to the new conditions and advancements in electronic communications in the field of convening and holding shareholders’ assemblies of joint-stock companies. The aim of this paper is to analyze certain issues in this area through an overview of the legislative framework and to highlight the positive effects of the application of electronic communications, such as efficiency, lower costs, and simplicity in the procedure for convening and holding assembly meetings. Examples from the current legal environment indicate the existence of virtual assembly meetings, which are not recognized by the Serbian Law on Business Companies. Possible directions for the further development of national legislation in this area include the introduction of virtual assembly meetings, while physical meetings should remain the rule and virtual meetings the exception that companies may use.
Nanda Dwi Rizkia, Hardi Fardiansyah, Danil Danil
et al.
Introduction: The digital economy has transformed legal structures, especially in insolvency law, where digital companies often treat personal data as a core asset. However, Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations lacks specific provisions regarding personal data, while Law Number 27 of 2022 on Personal Data Protection does not address how data should be treated in bankruptcy. This regulatory gap risks the exploitation of personal data by creditors or curators, potentially violating constitutional rights.
Purposes of the Research: This study aims to examine the legal consequences of the absence of clear regulations on personal data in bankruptcy cases and propose legal solutions to protect data subjects’ rights within digital insolvency proceedings.
Methods of the Research: The research employs a normative juridical approach, combining statutory and conceptual analyses. It examines relevant Indonesian laws and draws comparisons with the European Union’s General Data Protection Regulation (GDPR) to understand international best practices. Legal materials are analyzed qualitatively.
Results Main Findings of the Research: The study proposes recognizing personal data as a sui generis legal object in bankruptcy proceedings, requiring distinct legal treatment and safeguards. It highlights the role of the Commercial Court in protecting data subjects’ rights and suggests amending the UUK-PKPU, issuing Supreme Court guidelines, and promoting interagency coordination. This research contributes a normative model to integrate personal data protection within Indonesia’s digital insolvency framework, ensuring constitutional rights remain upheld in the digital era.
Background. The digitalization of healthcare, the rapid expansion of mobile applications and integrated mHealth platforms, as well as the increasing use of artificial intelligence, are reshaping the ways reproductive data are collected, processed, and shared. These data belong to the most sensitive categories of medical information, and their leakage or improper use undermines privacy, violates medical secrecy, creates risks of discrimination and stigmatization, and directly affects the realization of reproductive rights. In the Ukrainian context, these challenges are intensified by fragmented legal regulation, insufficient development of public policy in digital health, and a generally low level of awareness in the field of reproductive rights.
Objective of the study: to conduct an interdisciplinary analysis of the existential challenges posed by digitalization for the confidentiality of information related to human reproductive health.
Materials and methods. The methodological framework combines dialectical, ethical-normative, phenomenological and complementary approaches with comparative-legal, statistical, and doctrinal methods. The empirical component is based on an online survey (n = 643) assessing public trust in mechanisms protecting confidential information in the field of reproductive health. The regulatory analysis covered the General Data Protection Regulation (GDPR), Convention 108+, Ukrainian legislation, and international standards.
Results. The findings indicate that reproductive data are perceived as the most vulnerable to risks associated with digital processing. Users of digital services for fertility or menstrual cycle tracking demonstrated significantly higher levels of concern regarding potential data breaches. Statistically significant associations were revealed between anxiety related to data leakage and behavioral decisions, particularly the tendency to postpone medical consultations. Key challenges were identified, including commercial profiling, unfair data collection practices, algorithmic discrimination, re-identification of genetic data, system vulnerabilities, and insufficient alignment of national regulation with GDPR and Convention 108+. The study also revealed gaps in Ukrainian health law, such as the absence of a distinct category of reproductive data, inadequate technical security standards, and unregulated cross-border data transfers.
Conclusions. The results confirm the need to develop an integrated legal policy aimed at strengthening privacy and medical secrecy in the context of digitalization. Priority steps include: defining reproductive data as a separate protected category; harmonizing national regulation with GDPR and Convention 108+; implementing unified technical security standards for mHealth platforms; creating a legal framework for the use of artificial intelligence in reproductive medicine; reinforcing mechanisms of informed consent; and improving public awareness of reproductive rights.
Este artículo examina la contribución del Análisis Económico del Derecho (AED) al derecho de los contratos y del consumo, centrándose particularmente en la interpretación e integración del contrato. Se sostiene que el AED, lejos de ser incompatible con la teoría clásica del contrato, funciona como una teoría complementaria y compatible con esta. Asimismo, el AED se presenta como una teoría objetiva del contrato, que aporta criterios normativos útiles para resolver problemas jurídicos en ambas áreas del derecho privado. Finalmente, se presentan sentencias relevantes en las que el AED propone fundamentos alternativos a los que se presentan a través de la buena fe o la razonabilidad.
What could justify the paper on evidence in international commercial arbitration? What is so peculiar about this instance of the realisation of the law that it explains the autonomy of the subject of evidence when it takes place in international commercial arbitration? Isn't the general theory of evidence applicable to the demonstration of reality in a certain type of proceedings – arbitral proceedings – whenever they concern commercial and plurilocalised disputes?
These are the central questions around which the text will gravitate. We will emphasise what we believe to be the determining factor in the development of a praxis that does not cause a break between the general theory of evidence developed for civil cases tried in state courts and the central vectors of evidence as known in international commercial arbitration: the context of the exercise of jurisdiction.
Marriage in its legal and legal framework is considered the legitimate means of the process of procreation, protecting society from mixing lineages, but some couples do not succeed in obtaining a child, and since treatment of infertility is a legitimate matter according to Sharia and law, scholars developed the means of treatment, which were acceptable until the technique of surrogacy resulted in it. Where the child becomes a commodity that can be obtained on demand, fertility clinics take care of this.
We find a difference between the comparative man-made laws, between a supporter and a criminal, because the process of procreation turns into commercial transactions, and because of the legal problems that may result from it. Many of the parties to surrogacy contracts ended up putting their disputes before the courts.
Abstract Background Promoting rural women’s agricultural entrepreneurship in the Global South has become a major policy and program priority for governments and development partners. Women’s income earning is viewed as a pathway to their empowerment and gender equality. The research goal was to understand how patriarchal socio-cultural norms and practices influence women’s participation in commercial vegetable farming (CVF) in the mid-hills of Sudurpashchim Pradesh, Nepal, and identify the specific and evolving strategies that women use to negotiate these changes. Methodology Data for the study were generated through in-depth interviews with 16 smallholder couples, eight each in Dadeldhura and Achham districts. Additionally, 17 key informants who were government agency and development organization agriculture support officials at the district and national level were interviewed. Besides in-depth interviews, focus group discussions (FGDs) with women’s groups, women leaders, development actors, and government officials at district, regional, and national level were also conducted. Interview data analysis using NVivo was complemented with field notes, observations and government agency and development organization reports. Results CVF possibilities initially motivated a few women to discuss with their husbands, organize self-help groups, and seek development program subsidies. With strong support from husbands and parents-in-law, they actively engage in CVF, generate income, form cooperatives for savings and credit, and improve household food security and their own economic status. CVF-associated groups, cooperatives, meetings, exposure visits, skill development training, knowledge sharing, counseling, and advocacy are vital tools. Through them, women build self-confidence, contest and transform entrenched socio-cultural barriers, and negotiate new socio-cultural norms and practices within and outside the household. Dissolving gender stereotypes regarding the division of labor in CVF plays a significant role in encouraging more women to join CVF and increases gender parity. However, a diminishing minority of women still struggle to overcome the legacy of prior negative experiences and subconsciously fear community backlash, especially regarding extended travel outside their village. Conclusion Socio-cultural practices restricting women’s income-generating roles can be transformed through investment in women’s group initiatives, enhancing husbands’ and wives’ communication and livelihood planning, and community members increased appreciation for women’s role in contributing household income and food security.
The CISG-AC started as a private initiative supported by the
Institute of International Commercial Law at Pace University School of
Law and the Centre for Commercial Law Studies, Queen Mary, University
of London. The International Sales Convention Advisory Council
(CISGAC) is in place to support understanding of the United Nations
Convention on Contracts for the International Sale of Goods (CISG) and
the promotion and assistance in the uniform interpretation of the CISG.
At its formative meeting in Paris in June 2001, Prof. Peter Schlechtriem
of Freiburg University, Germany, was elected Chair of the CISG-AC for
a three-year term. Dr. Loukas A. Mistelis of the Centre for Commercial
Law Studies, Queen Mary, University of London, was elected Secretary.
The founding members of the CISG-AC were Prof. Emeritus Eric E.
Bergsten, Pace University School of Law; Prof. Michael Joachim Bonell,
University of Rome La Sapienza; Prof. E. Allan Farnsworth, Columbia
University School of Law; Prof. Alejandro M. Garro, Columbia University
School of Law; Prof. Sir Roy M. Goode, Oxford, Prof. Sergei N. Lebedev,
Maritime Arbitration Commission of the Chamber of Commerce and
Industry of the Russian Federation; Prof. Jan Ramberg, University of
Stockholm, Faculty of Law; Prof. Peter Schlechtriem, Freiburg University;
Prof. Hiroo Sono, Faculty of Law, Hokkaido University; Prof. Claude
Witz, Universität des Saarlandes and Strasbourg University. Members of
the Council are elected by the Council. At subsequent meetings, the
CISGAC elected as additional members Prof. Pilar Perales Viscasillas,
Universidad Carlos III, Madrid; Professor Ingeborg Schwenzer,
University of Basel; Prof. John Y Gotanda, Villanova University; Prof.
Michael G. Bridge, London School of Economics; Prof. Han Shiyuan,
Tsinghua University, Prof. Yesim Atamer, Istanbul Bilgi University,
Turkey, and Prof. Ulrich Schroeter, University of Mannheim. Prof. Jan
Ramberg served for a three-year term as the second Chair of the CISGAC.
At its 11th meeting in Wuhan, People’s Republic of China, Prof. Eric E.
Bergsten of Pace University School of Law was elected Chair of the CISGAC
and Prof. Sieg Eiselen of the Department of Private Law of the
University of South Africa was elected Secretary. At its 14th meeting in
Belgrade, Serbia, Prof. Ingeborg Schwenzer of the University of Basel was
elected Chair of the CISGAC.
Geographical Indication is a sign indicating the area of ​​origin of an item and/or product which due to geographical environmental factors including natural factors, human factors or a combination of these two factors gives a certain reputation, quality, and characteristics to the goods and/or products produced. Indonesia has a lot of potential Geographical Indications. However, the problem that currently occurs is that of the many potential Geographical Indications owned by Indonesia, only very few Geographical Indications are registered. Based on the problems above, the writing draws two formulations of the problem as follows: First, how is the application of the principle of legal certainty in the regulation of registration of geographical indications? Second, how is the mechanism for registering ghis thesis uses a normative juridical research method with legal issues of legal issues of obscurity of norms. The purpose of this study is to find out and analyze how the registration of geographical indications is in the perspective of the law on trademarks and geographical indicatieographical indications in accordance with the laws and regulations? The writing of tons, as well as to find out and analyze how the registration of geographical indications is . and using a research approach, namely a case approach, a statutory approach and a conceptual approach. The results of the study indicate that the application and registration of Geographical Indications contains certain conditions that must be met.
Abstrak
Indikasi Geografis adalah suatu tanda yang menunjukkan daerah asal suatu barang dan/atau produk yang karena faktor lingkungan geografis termasuk faktor alam, faktor manusia atau kombinasi dari kedua faktor tersebut memberikan reputasi, kualitas, dan karakteristik tertentu pada barang dan/atau produk yang dihasilkan. Indonesia memiliki banyak sekali potensi Indikasi Geografis. Namun persoalan yang saat ini terjadi, dari sekian banyak potensi Indikasi Geografis yang dimiliki oleh Indonesia hanya sedikit sekali Indikasi Geografis yang terdaftar. berdasarkan permasalahan diatas maka penulisan menarik dua rumusan masalah sebagai berikut, Pertama Bagaimana penerapan prinsip kepastian hukum dalam pengaturan pendaftaran indikasi geografis? Kedua, Bagaimana mekanisme pendaftaran indikasi geografis sesuai dengan peraturan perundang undangan? Penulisan skripsi ini menggunakan metode penelitian yuridis normatif dengan isu hukum isu hukum kekaburan norma, Tujuan dalam penelitian ini adalah untuk mengetahui dan menganalisis bagaimana pengaturan pendaftaran indikasi geografis dalam perspektif undang-undang tentang merk dan indikasi geografis, serta untuk mengetahui dan menganalisis bagaimana pendaftaran indikasi geografis. dan menggunakan pendekatan penelitian yaitu pendekatan kasus, pendekatan perundang-undangan serta pendekatan konseptual. Hasil penelitian menunjukan bahwa mengenai Penerapan dan pendaftaran Indikasi Geografis mengandung syarat tertentu yang harus dipenuhi.
This research aims to find out how establishment of legislation and PERPPU in perspective Law No. 12 of 2011 concerning Establisment of legislation. The research method used by the author is normative legal research trought a status approach and historical approach to analysis establisment of legislation used. Analysis Republic Indonesia Law No.12 of 2011. The results of the study showed that the process establishment of legislation the background is with an urgent situation that forces the process of its establishment to be cut short and some of its accelerated links to adjust state conditions in times of emergency. Whereas in the process of making law it is in accordance with Republic Indonesia Law No. 12 of 2011.
The ability of elastomers to withstand very large strains (of beyond 500%) without breakage or permanent deformation makes them an ideal material for many applications, including, but not limited to, aerospace, medical, and automobile industries, bridge bearings, seismic isolation, and supplemental dampers. It is essential for design purposes to simulate accurately the response behavior of elastomers under various loading conditions. Given the nonlinear stress-strain relationship in an elastomeric material, a hyperelastic model, instead of Hooke's law, must be employed in stress analysis of the material. The literature includes a variety of constitutive hyperelastic models for elastomeric materials. However, choosing a suitable constitutive model that simulates the elastomer stress-strain behavior under different loading conditions is challenging. This paper examines the effectiveness of various hyperelastic models of which the constant model parameters have been evaluated using the results of a standard uniaxial tensile test conducted at different strain values. The model parameters are evaluated through a curve fitting technique performed by MSC-MARC, a commercial finite element software program. A thorough examination of the efficiency and accuracy of various hyperelastic constitutive models at different strain ranges shows that the Neo-Hooken and Arruda-Boyce are suitable models for the range of small deformations, and the Ogden and Yeoh models are suitable for a wide range of deformations.
In the article, the role of law-enforcement bodies in ensuring economic security of Russia by counteraction of criminalization of financial and economic activity of the commercial organizations is considered. Features of law-enforcement bodies in this direction are considered; their role in comparison with other law enforcement agencies is estimated. The attention to interdependence of the concepts “economic activity” and “financial and economic activity” of the commercial organizations and to a role of law-enforcement bodies in the economic policy pursued by the state is paid.
Political institutions and public administration (General)
THIS study shows legal inconsistencies, dilemmas and insufficiently precise defined terms which make the fundamental human right – right to life. Some problems of this sacred human right were reviewed such as a legalization of abortion and dilemma whether a fetus has the right to life or not; then the problem of the abolishment of death penalty existing in both democratic and non-democratic countries, under the exuse of maintaining the order in the country or because of the faith; the legalization of euthanasia, which is in its nature opposite to the right to life, but finds a support in other human rights, such as the right to self-decision and right to autonomy. There are shown an active and passive euthanasia, a suicide committed with doctors` help as well as the supported suicide, with all similarities and differences including the accompanied penalties in all countries, except Belgium, Switzerland, Netherland, Luxembourg, Albania, Columbia and three US states: Oregon, Montana and Washington in which the suicide committed with doctors` help is legal. In order to make any form of euthanasia legal, it is necessery to create legal prerequisite conditions which will precisely define on which terms it could be done. Except a patient`s written request, it is necessery to form a team of experts that will make decisions for every patient by a consensus. They will also determine the way, time and other terms on which it could be done including an executor.
Deciding to write, for the first time in this country, an article on dichotomy of non- credible police evidence in the previous proceedings and prosecution powerlessness, we had no presentiment how much care it would cause us. During the writing we had the issues regarding the contextualization and terminological determinants. As it turned out, recognizing, separating and using the method of correlation between the lack of evidence in police investigations and prosecution capacity/incapacity was an unexpectedly big challenge and an overly complex theoretical demand for a paper of this scale. However, we are neither the first nor the only ones to face this issue. Every attempt to make a theoretical contribution to understanding this term in both the legal and criminological theory has faced a number of issues difficult to be solved. On the other hand, it does not mean at all that attempts at scientific pondering and exploration of this important criminological and legal scientific problem, as well as attempts at defining the scientific causality of those aforementioned attempts, are theoretically meaningless or impossible. The fact that such a feat is difficult, that these institutions are illusive or multidimensional, shows how the theoretical knowledge used to interpret them has certain weaknesses, i.e. that during scientific research we are faced with many limitations and unknowns in our criminalistics and legal theory. By solving theoretical problems associated with the lack of evidence and its impact on prosecution powerlessness, we could open the way for understanding the other, similar or related phenomena and processes in law and criminalistics. Therefore, it is the primary purpose of this paper to explore the ranges of prosecution capacity/incapacity through the lack of evidence in police investigations regarding bribe-taking and money laundering. We do not believe we can offer a significant scientific and theoretical contribution if our research remains isolated, without arousing other scientific discussions on this topic. Our attention is directed towards the search for a different and somewhat innovative approach which could eventually lead to some new insights into our criminal and legal thought on the evidence and its impact on prosecution capacity or incapacity.
In recent decades terrorism has grown from an acute to a chronic problem which the entire international community is faced with. Seemingly sporadic and uneven attempts to intimidate citizens and their legitimate political representatives have “overnight” become a tool for conducting a particular kind of war, i.e. a special warfare. Consequently, it is necessary terrorism to be considered as a global phenomenon and threat that, due to its continuous operation, acquires all the characteristics of a guerrilla warfare. The variety of forms in which acts of terrorism are manifested and a number of terrorist organizations contribute to a difficult way of keeping fighting for their suppression or at least bringing them at the “tolerable” level. In regard to all these facts, it is necessary to direct future activities in the direction of a general resistance to all forms of terrorism, which many countries, led by the international community, really do.
It is obvious that there is a large number of definitions of terrorism and terrorist organizations, depending on the point of view from which this planetary phenomenon and global evil is observed. It is necessary to point out the usage of different criteria, ranging from security, politicological, criminal law, criminological, sociological and the other ones, by which the phenomenon of terrorism is treated and conceptually determined. Taking into account the specificities of a different treatment of terrorism, the authors decided, by using all available resources, to highlight all the negative effects which this planetary phenomenon makes the human society, either through conducting a special war or through its particular form.
The authors deal with the judicial system and judicial functions from the aspect of the complex state. Their approach is based on the fact that the federation is basically the constitutional and legal state and consequently the court system must be in that function. The complexity of the federal judicial system stems from the fact that there are two legal systems in the federation. The first is the order of the federation, and the second one is the order of the federal units. The authors point out that the fact that the federation is a type of a state with the divided jurisdiction has an influence on the judicial system too. It is reflected to courts and the judicial system which generally becomes prominent at the issues of functioning and organizing the court system. Also, the authors pay a particular attention to questions of organizational solutions in federations based on three essential elements: first, where there is only the Supreme Court as the only court, and the rest are the courts of federal units; second, where there are other federal courts besides the Supreme Court with, at the same time, the existence of the courts in the federal units and the third, where there is only a federal court, and federal units do not have their own courts.