The article provides a brief historical excursion, examines the modern consolidation of the principle of the rule of law in the legislation of Ukraine, and its official interpretations. The rule of law is the principle and goal of all branches of state power. In the current Сriminal Procedural Code of Ukraine the principle of the rule of law is enshrined in a statement, identical to the constitutional: a person, his rights and freedoms are recognized as the highest values and determine the content and direction of the state’s activities. An additional means of consolidating the rule of law in criminal proceedings was the obligation to take into account the practice of the ECHR as a recognized international legal instrument for the protection of individual rights (Article 8, Part 5 of Article 9 of the Сriminal Procedural Code of Ukraine). The conclusion is substantiated, according to which the practice of the ECHR should be used as a source of legal regulation in situations where there is no corresponding legal norm in national law or if the existing legal norm no corresponds to the current practice of the ECHR. The principle of the rule of law is implemented in Articles 87, 90, 206, Clause 2 of Part 3 of Article 459 of the Сriminal Procedural Code of Ukraine, therefore, in criminal proceedings this principle has found multi-level consolidation. It is proposed to supplement the list of grounds for declaring evidence inadmissible due to a significant violation of human rights during criminal proceedings in Part 2 of Article 87 of the Сriminal Procedural Code of Ukraine. The content of the rule of law principle in the field of law enforcement activities is characterized. Regulation and enforcement of the rule of law should be unified for various law enforcement agencies. In terms of content, the rule of law in the field of law enforcement should be correctly identified with the protection and defense of the rights of all participants in the relevant legal relations in a fair balance of private and public interests; with strict compliance with current legislation in coordination with the practice of the ECHR, prohibitions of discrimination, cruel, degrading and other inhuman treatment, unjustified restriction or violation of the rights and freedoms of individuals and legal entities, as well as guaranteed access to judicial protection against abuses and violations of the rights and legitimate interests of individuals by law enforcement agencies.
Annisa Nur Fitriana, Andy Fefta Wijaya, Alfi Haris Wanto
et al.
The Multi-Helix Innovation Model offers a comprehensive framework for addressing complex issues through the collaboration of various stakeholders, including government, private sector, academia, and civil society. This study explores the application of the Multi-Helix Innovation Model as a policy instrument in the development and governance of Pujon Kidul Tourism Village, Indonesia. It examines how stakeholder collaboration shapes tourism policies, improves resource management, and fosters economic growth, facilitating sustainable development, innovation, and community participation. Using a descriptive qualitative method, the research identifies gaps in the implementation of collaborative governance, particularly in the underutilization of media and other stakeholders. By integrating Grindle's policy implementation theory and the Collaborative Governance Plus Multi-Helix framework, this study fills a research gap and provides a comprehensive approach to rural tourism development. The study concludes that the Multi-Helix Innovation Model offers a promising framework for enhancing tourism competitiveness while preserving local culture and environment, guiding future policy for sustainable rural development.
Law in general. Comparative and uniform law. Jurisprudence
This scientific article carefully examines the differences in the penal systems of the criminal law of Ukraine and the United States. The content of the article is focused on the comparison of different approaches to criminal liability, various types of punishments, their application in practice and general consequences for the criminal himself and society as a whole. The main goal of the study is to identify features and propose potential improvements to the Ukrainian penal system based on the experience of other countries, namely the US penal system. In general, the Ukrainian penal system focuses on three main aspects: compensation for harm caused by criminal offences, correction of the offender’s deviant behaviour, and prevention of recidivism through rehabilitation measures. Moreover, the criteria for classifying such measures of state coercion and the characteristic features of each group are highlighted. The US system, especially at the federal level, is characterised by a complex and diverse range of punishments. This structure is a result of long historical development and the accumulation of practical experience over centuries. In the context of our research, it was revealed that the US places greater emphasis on maintaining public order, preventing crime, and rehabilitating offenders. Despite this, some US states retain the practice of capital punishment for particularly serious crimes. However, this type of punishment is used extremely rarely and only in exceptional circumstances, confirming its exceptional nature. The comparative legal analysis allows us to identify advantages and disadvantages in both systems, as well as to establish effective methods of punishment, which can contribute to the further improvement of the system of punishment for criminal offences in both legal systems. The significance of this article lies in its analytical and comparative approach, which facilitates the identification of effective ways to improve Ukraine’s national legislation, taking into account best international practices and generally recognized standards.
The article examines certain aspects of the criminological dimension of law enforcement officers' activities. It is noted that the term "law enforcement officer” is studied through the system of law enforcement agencies and the circle of their employees; it is based on the analysis of the Criminal Code of Ukraine, decisions of the Constitutional Court of Ukraine and other legal acts. It is substantiated that by the nature of their official powers, law enforcement officers are active participants in criminal legal relations, since they act as authorized officials entrusted with the performance of law enforcement functions. It is this function which is aimed at ensuring law and order, protecting the rights and freedoms of subjects of legal relations from criminal encroachments and is realized through detection, investigation, suppression and prevention of criminal offenses. It is emphasized that participation of law enforcement officers in criminal legal relations as subjects of a criminal offense or victims of a criminal offense is not excluded. It is substantiated that crime among law enforcement officers is particularly dangerous due to a number of factors and may be caused by a number of certain determinants. The authors emphasizes that among the stable trends in criminal offenses committed by law enforcement officers are the following: the level of criminal offenses committed by law enforcement officers corresponds to the general trends in crime, official crimes prevail over general criminal offenses, and the largest number of them are unlawful benefits, abuse of office, abuse of power, torture, etc. That is why the legislator created a new law enforcement agency, the State Bureau of Investigation, which began its operations in 2018. Creation of the State Bureau of Investigation as a pre-trial investigation body was a worthy response by the legislator to numerous public criticisms that the prosecution should be deprived of the pre-trial investigation function, and also in line with the experience of many countries, an effective mechanism for the prevention, detection, termination, disclosure and pre-trial investigation of criminal offenses within its jurisdiction in accordance with the requirements of the Criminal Procedure Code of Ukraine. These are criminal offenses committed by senior officials, judges and law enforcement officers. Criminal offenses that are undoubtedly under the jurisdiction of the State Bureau of Investigation include torture (Article 127 of the Criminal Code of Ukraine) committed by law enforcement officers.
In the content of the article, the author revealed the relevance of scientific knowledge of judicial practice issues as a result of the implementation of law-making by the state through the relevant authorized subjects. It was noted that the participation of the state in law-making in the modern conditions of legal development in Ukraine is the subject of many discussions and discussions on the part of representatives of legal doctrine. However, the most controversial and ambiguous result of scientific research remains the question of the law-making role of judicial practice, the subject of which is generated exclusively by the subjects of the judicial system. The participation of the state in the formation and approval of the results of judicial practice is absolute and without alternatives, such powers cannot be delegated and cannot be waived. And therefore, this indicates the exclusive monopoly of the state on the formation of judicial practice, granting it a law-making status, ensuring its renewal and monitoring its implementation. In connection with this, in the cognitive plan, the question of the peculiarities of judicial practice as a law-making phenomenon, in the context of balancing the participation of the state and civil society in the mechanism of modern law-making, is relevant. Based on the analysis of scientists' views on the issue of state participation in the generation of judicial practice, it was concluded that judicial practice is defined by its multifaceted nature and can be defined as: 1) a means of identifying deficiencies in legal regulation; 2) a law-making means of overcoming gaps in the legislation; 3) a means of generalizing the law-making influence on social relations; 4) a means of creating law-making proposals to improve the provisions of the current legislation; 5) a means of interpreting legal norms, which is carried out by realizing and clarifying the lawmaking intention, which is embedded in the content of the provisions of the legislation, and explaining it to the subjects of the law; 6) a means of law-making control, which provides, during the consideration of a court case, a check of the current legal norms for their compliance with the norms established by the Constitution, norms of international law or norms established by lawmaking acts of higher legal force, as well as for compliance with the rules of temporal and spatial effect of legal norms; 7) a means of law-making initiative, according to which judicial practice is considered as a special means of developing lawmaking proposals and initiating their consideration by competent bodies.
Next Generation EU, specifically its Recovery and Resilience Facility (RRF), has been a groundbreaking new experiment for the EU. From the speed of the reaction at the EU level with an agreement between leaders a few weeks after the COVID-19 crisis erupted, the size of the instrument (being the largest EU fund ever created), to the RRF's design features (including the performance nature of the instrument, its leverage on reforms, and its method of financing), it is a fundamentally novel EU instrument. Aimed at both recovery and resilience, it first led to a firm common response to a simultaneous economic downturn across the EU, ensuring rapid macroeconomic stabilization and preservation of public investment levels, in contrast with previous crises. It has also planted the seeds of a significant increase in the resilience of the EU economy by fostering the implementation of major structural reforms in line with the common priorities of the EU. Lessons about absorption capacity, incentives, flexibility, and governance will all advance future program design in the EU and beyond.
Comparative law. International uniform law, Private international law. Conflict of laws
The article examines the content and certain essential aspects of the principle of competition in the field of criminal and executive law. It is emphasized that this principle is interdisciplinary and characteristic of both the sphere of public legal relations and the sphere of private law. It is noted that competition as a legal basis is mandatory for all procedural branches of law, be it criminal procedural law, civil procedural law, commercial law, administrative law, etc. Attention is focused on the fact that most of the theoretical concepts of determining the principle of competitiveness in the field of public-legal relations are based on the achievements of scientists in the field of criminal procedural law. It is noted that this fact is quite logical, since in the field of criminal proceedings, especially in the judicial stages of its implementation, a classic adversarial process takes place between the parties to the proceedings, who implement the opposite procedural functions of prosecution and defense. It is emphasized that for the field of criminal enforcement law, it is appropriate to use approaches for determining adversariality in the field of criminal proceedings, but with certain essential differences. It is noted that the parties to the proceedings as an element of the reflection of competition in criminal enforcement law differ from the definition of the parties in the criminal process. It is indicated that the classic confrontation between the prosecution and the defense, which is natural for the criminal process, is absent in criminal executive law. It is emphasized that the determination of the parties as an integral element of competitiveness in criminal executive law should take into account the existing opposing interests in this field of law, such as public and personal interests. It is noted that the public interest in the field of criminal executive law is defended by state representatives, that is, officials of bodies and institutions for the execution of punishments, as well as the prosecutor, who performs the function of supervising the observance of legality during the execution of sentences, as well as applying other coercive measures related to the restriction of personal freedom of citizens. Personal interest, under such conditions, is defended by the convict and his representatives.
The article is focused on the current problem of distinguishing the means of ordinary and extraordinary review of court decisions, in view of the universally recognized value of the finality of a judgment and the unacceptability of groundless interference with res judicata. Based on the examples of some civil law countries the article substantiates the most common grounds for intervention into a final judgment which are considered sufficient, as well as introduces common traits which allow grouping those grounds. The article argues that, in general terms, the most common grounds for an extraordinary review are procedural violations that significantly limited the party in exercising the right to be heard; violations in the evidentiary issues caused by illegal actions of other participants in the proceedings, in particular due to the submission of forged evidence; procedural errors related to the composition of the court. The article distinguishes the means of extraordinary review, which might interfere with res judicata, and those that do not, but are aimed at the revision of the courts' interpretation of the law to ensure its development. At the same time, the article pays attention to the fact that in cases where the review may intervene into res judicata, errors in matters of law (e.g. incorrect application of substantive law) are excluded from the list of grounds for extraordinary review. The article pays attention to the problem of extraordinary reviews being initiated by actors other than parties to the case. The author refers to the case-law of the European Court of Human Rights and argues that an extraordinary review, which does not lead to interference with res judicata, can be initiated by such actors who pursue public interests in the development of law in order to achieve unity in its interpretation. With respect to cases where the review interferes with res judicata, procedural laws in many European countries is evolving towards eliminating these remedies as they are infringing the right to a fair trial.
The article is devoted to highlighting the essence of law-making activity of public administration. The article draws attention to the fact that the law-making and law-enforcing activity of public administration is expressed in the adoption and implementation of legal acts, which are the main means of regulating relations in the field of public administration, this is one of the main forms of implementation of the tasks and functions of state authorities and local self-government. It is found that legal acts in the activity of public administration, on the one hand, serve the orderliness and stability of administrative-legal relations, on the other hand, they are the basis for changing the rights, freedoms and interests of individuals in the public sphere. The article states that the law-making activity of the public administration needs constant study and research in the aspect of modern processes of state-building and law-making that take place in the state, to meet the standards of law-making activity of the EU, to take into account the best domestic and European practices. It is emphasized that the administrative law-making of the public administration is embodied in the form of adoption of normative and individual acts. The purpose of such law-making is the creation of acts by means of which the rights, freedoms and interests of persons in the field of public-legal relations are implemented and ensured. Thanks to law-making, the state implements its functions of managing various spheres of public life. The author's definition is formulated that administrative law-making of public administration is a legal form (instrument) of the activity of authorized law-making subjects, which is implemented according to the established administrative procedure and is aimed at establishing, changing or terminating administrative-legal relations. It is proven that regardless of which act is adopted, the procedure for its adoption must be clearly regulated in the legislation, which will ensure the regime of legality in the state and make it impossible to adopt legal acts that contradict the Basic Law and legislation. It is noted that an important feature of administrative law-making is that it is carried out according to the procedure established in the legislation and which is a system of means, methods, logical and linguistic techniques, methods of law-making activity that determine and regulate the activities of authorized subjects in this area and which aimed at the development and adoption of legal norms.
Проблема законодательного регулирования процедуры примирения потерпевшего с подозреваемым, обвиняемым до определенного времени была лишь предметом обсуждения в научной литературе. В то же время потребность государства в поиске мер, способных устранять последствия преступлений без применения ординарных уголовно-процессуальных процедур, актуализировала работу по внедрению в уголовное судопроизводство альтернативных способов урегулирования уголовно-правового конфликта. Учитывая настоятельную необходимость применения указанной процедуры на практике, Межрегиональный общественный центр «Судебно-правовая реформа» разработал и разместил на своем сайте проект федерального закона «О внесении изменений в отдельные законодательные акты Российской Федерации для обеспечения потерпевшему, подозреваемому, обвиняемому возможности примирения». Для реализации процедуры примирения в уголовном судопроизводстве разработчики законопроекта предлагают включить в УПК РФ новую главу. Автор статьи критически оценивает предпринятую попытку в силу противоречивости ряда новелл, их неопределенности и несогласованности с нормами уголовнопроцессуального закона. Для устранения существующих недостатков предлагается предусмотреть отдельную статью, определяющую процессуальный статус примирителя, и включить указанную норму в гл. 8 УПК РФ. В качестве гарантии права потерпевшего, подозреваемого, обвиняемого на примирение рассматривается внесение соответствующего дополнения в уголовно-процессуальные нормы, регламентирующие правовой статус названных участников уголовного судопроизводства.
We will literally live our own death only when, still living, we shall die, that is to say at the very instant of our death. No one can die in my stead. I can give my life for someone, but I cannot die in her or his stead in the strict sense. Our own death belongs to us alone, and we have a right not to be deprived of it. Furthermore, it concerns our entire life; it is never an isolated, abstract instant, for there is no such thing. The dying person is a living person. At the ultimate moment, it finds itself wholly engaged in the act of dying. To die is indeed an act. One must actually live one’s death; make it one’s own, in accord with one’s own inner life. What is one to make of the meaning of «to die» in the expression «to die with dignity»? It ought to be clear that it’s true, concrete meaning, from a philosophical point of view, is to die humanly. The question is to be able to make your death your own, to live it in the fullest possible conscience of your dignity as a free woman or man.
Law in general. Comparative and uniform law. Jurisprudence, Sociology (General)
يمکن عرض مجموعة النتائج التي توصل إليها البحث وذلک للوصل لأهداف البحث کما يلي:
1- توجد علاقة ارتباط موجبة بين مراقبة الممارسات الاجتماعية لوظيفة الإمدادات الداخلة وخلق ميزة تنافسية للمنظمة.
2- توجد علاقة ارتباط موجبة بين مراقبة الممارسات الاجتماعية لمرحلة التصنيع وخلق ميزة تنافسية للمنظمة.
3- توجد علاقة ارتباط موجبة بين مراقبة الممارسات الاجتماعية لوظيفة الإمدادات الخارجة وخلق ميزة تنافسية للمنظمة.
4- ومن خلال النقاط الثلاث السابقة والتي يمثل کل عنصر فيها مرحلة من مراحل سلسلة الإمداد المستدامة اجتماعياً والتي تبدأ من مرحلة مراقبة الممارسات الاجتماعية لمرحلة الإمدادات الداخلة مروراً بمرحلة مراقبة الممارسات الاجتماعية لمرحلة التصنيع ووصولاً إلى مرحلة مراقبة الممارسات الاجتماعية لمرحلة الإمدادات الخارجة، يتضح لنا أن کل مرحلة من مراحل السلسلة ترتبط إيجابياً مع خلق ميزة تنافسية للمنظمة ، مما يؤدي إجمالاً إلى وجود علاقة ارتباط موجبة بين المراحل المختلفة للاستدامة الاجتماعية لسلسلة الإمداد ککلوخلق ميزة تنافسية للمنظمة ، أي أنه کلما زادت درجة الاستدامة الاجتماعية لکل مرحلة من مراحل سلسلة الإمداد کلما أدى ذلک إلى خلق ميزة تنافسية للمنظمة.
Karla Annett Cynthia Sáenz López, Deniss Karina González Lozano
El desarrollo que ha tomado la justicia restaurativa en los últimos años es gracias a los beneficios comprobables de ofrecer una alternativa de resolución orientada a la reparación, desjudizialización y dialogo entre los directamente involucrados en el conflicto. A pesar de que la mayor parte de dicha aplicación se ha dado sobre todo dentro de los procesos en el ámbito de la justicia penal, especialmente en los sistemas de justicia penal para adolescentes en diferentes países, este tipo de justicia ha logrado permear su filosofía a otras problemáticas sociales como es la violencia doméstica o contra la mujer. El contar con una visión internacional sobre los procesos de Justicia Restaurativa aplicados en otros países del mundo a casos de violencia doméstica o mujeres víctimas de violencia, brinda la oportunidad a nuestro país de contar con un marco de referencia para optimizar los esfuerzos enfocados a proporcionar a las víctimas, victimarios y comunidad, procesos de impartición de justicia de calidad y sobre todo enfocados a buscar una restauración integral para todos.
Law in general. Comparative and uniform law. Jurisprudence, Social sciences (General)
No contar con la víctima, sea por su muerte o su desaparición, resulta uno de los escenarios de mayor complejidad para llevar a cabo una valoración psíquica forense, sin embargo factible de realizar mediante técnicas de evaluación psicológica retrospectiva. Ante el silencio de la víctima, la autopsia psicológica surge como una de las técnicas de evaluación psicológica reconstructiva de mayor relevancia en el último tiempo, constituyendo un instrumento forense imprescindible a la hora de orientar a los investigadores respecto de las causas de muerte en aquellos casos en que mediante la investigación policial y médico-forense no se ha logrado una convicción criminalística de la etiología de muerte. En el presente artículo se revisan estrategias de aplicación de autopsia psicológica en casos de muertes de alta complejidad. Se concluye que la autopsia psicológica, aun cuando se expresa en términos probabilísticos, es un instrumento de gran relevancia en la investigación criminal en casos de muerte indeterminada o de origen simulado, siendo factible su aplicación en el contexto forense en base a la evidencia empírica en la cual sustenta sus resultados.
Jurisprudence. Philosophy and theory of law, Psychology
This note deals with the 2015 regulations pertaining to hydraulic fracturing in South Africa from a project life-cycle approach. A brief history of the fragmentation of the regulation of environmental and mining related matters is provided, followed by a discussion of the application of the 2015 regulations during the project life cycle, ie the pre-commencement phase, the design and authorisation phase, the testing phase, the operational phase and the decommissioning and closure phase.
Law in general. Comparative and uniform law. Jurisprudence
Security teams routinely scan their own networks to identify computers that may be vulnerable to attacks that would damage the organisation‟s information or services. However, the discovery in early 2014 of the widespread Network Time Protocol (NTP) reflection and Heartbleed vulnerabilities highlighted that serious risks to information and systems can also result from vulnerable systems outside the organisation‟s network. Security teams would like to identify these vulnerable systems, both to prepare their own defences and to try to warn the systems‟ operators to fix the vulnerabilities. It is far from clear, however, whether UK criminal law permits scanning of external systems. This paper considers the unauthorised access offences contained in the UK Computer Misuse Act 1990 and the few reported cases. It concludes that scanning to determine whether or not a computer is vulnerable probably does constitute “access” and for an external computer is unlikely to be explicitly “authorised”. However actions that have been accepted by courts as lawful (sending an e-mail and visiting a website) indicate that authorisation may also be implicit. Theories of cyberproperty and cases under the US Computer Fraud and Abuse Act, including the historic US v Morris, suggest that connecting a computer or service to the Internet does implicitly authorise actions related to the intended function of that service. This appears consistent with the UK decisions in Lennon and Cuthbert and implies that while scanning for NTP reflection vulnerabilities should be lawful, testing for Heartbleed probably is not.
Law, Law in general. Comparative and uniform law. Jurisprudence