Arezoo Ghazanfari, Abbas Sheikholeslami, Ali Akbar Esmaeili
This study aims to identify the strengths and weaknesses of the Iranian and English legalsystems regarding the use of scientific evidence and to propose solutions for overcomingobstacles to its acceptance. The results indicate that within Iranian law, the acceptance ofscientific evidence is highly dependent on the judge’s personal judgment and the principleof “the judge’s personal knowledge,” which can lead to contradictory opinions. By contrast,the English legal system employs stricter criteria, such as the Daubert principles, whichhave enhanced the accuracy of scientific evidence evaluation but have also resulted in morecomplex and costly processes. Both legal systems face challenges, including the potentialmisuse of scientific evidence and a lack of specialized training for judges and experts.The study concludes by suggesting that the Iranian legal system, drawing on the Englishexperience, develop clear criteria for the acceptance of scientific evidence and standardizeits evaluation process. Reforms have also been proposed for the English context to reducecosts and streamline procedures. The study highlights the importance of specialized judicialtraining and international cooperation for improving the efficiency of judicial systems.
Objective: to identify the influence of conceptual scientific ideas of S. S. Alekseev on the development of the labor law doctrine.Methods: dialectical method of cognition, as well as a set of general scientific (system analysis, synthesis, classification, generalization, induction, deduction) and specific-legal (formal-legal, comparative-legal) methods.Results: the genesis of S. S. Alekseev’s views on the system and structure of law, their perception and consideration in the system of labor law was investigated. The author shows three conceptual approaches to building the labor law system and substantiates the division of the special part of labor law into three sub-branches: individual, collective and procedural labor law. S. S. Alekseev’s views on the principles of law are analyzed, including their classification into basic, inter-sectoral, and sectoral principles of law and principles of legal institutions.Scientific novelty: the analysis of the influence and perception of S. S. Alekseev’s ideas at the sectoral level (primarily in the science of labor law) has not been the topic of scientific research so far. The work shows the significance of the ideas of natural law and their perception in positive law, including labor law, as well as the embodiment of S. S. Alekseev's ideas on human-centrism and humanism in the national labor law. The author substantiates the conclusion about the influence of S. S. Alekseev’s views on the formulation of labor law, enshrined in the Constitution of the Russian Federation and the Labor Code of the Russian Federation, including freedom of labor, social justice and some other guiding legal principles of this sector.Practical significance: is expressed in the fact that the ideas about the labor law system can be used in the subsequent systematization, including in the new codification of labor legislation. The ideas about the labor law principles can be applied for the improvement of Article 2 of the Labor Code of the Russian Federation and be taken into account by courts and other law enforcement agencies in overcoming gaps in law and resolving legal conflicts and other defects in law.
Economics as a science, Law in general. Comparative and uniform law. Jurisprudence
The article provides a comprehensive analysis of the theoretical and applied aspects of conducting an urgent search in criminal proceedings. The article examines the problematic issues that have arisen in law enforcement practice in the context of the adoption of the Resolution of the Cassation Criminal Court of the Supreme Court of October 7, 2024 in case No. 466/525/22. The author stated that the legal prerequisite for the adoption of the above-mentioned Resolution by the Joint Chamber of the CCC of the Supreme Court was the presence of ambiguous, contradictory practice of the courts, including the court of cassation, regarding the interpretation of such a common basis for conducting an urgent search as the need to save property. It was concluded that minimization of potential negative consequences of incorrect use of part 3 of article 233 of the Criminal Procedure Code of Ukraine lies in the plane of effective application of legal safeguards specified in the said Resolution of the UC CCC of the Supreme Court, including compliance with the requirements regarding additional and clear argumentation of the position of the criminal prosecution authorities, in particular, in a petition for permission to conduct a search in accordance with part 3 of article 233 of the Criminal Procedure Code, the materials provided to substantiate it, in the determination of the investigating judge, issued ex post factum, it should be indicated what circumstances at the time of penetration indicated that delay could entail the destruction of material evidence, that information about the threat of their destruction, loss gave grounds to perceive it as real. The author argued that maintaining a balance between the need to ensure efficiency and legality in criminal proceedings during urgent searches includes the need to further improve the standard forms of procedural documents used to legalize such searches ex post factum, conduct additional joint professional development activities, adjust teaching and methodological materials and electronic applications, and ensure a more responsible and principled approach on the part of the management and professional staff of pre-trial investigation bodies and the prosecutor’s office.
The study examines the role of general principles of law in the international prosecution of Russian war criminals. In particular, the application of general principles of law can help establish a framework for the prosecution of those involved, even if there are gaps or ambiguities in relevant treaties or customs. Attention is focused on the role of international criminal justice bodies, in particular, if questions and doubts arise as to whether trials at the national level complied with international standards of criminal justice and the general principles of law that are the source of international criminal law. In this context, it is international criminal justice, in particular the International Criminal Court (ICC), that can play a crucial role in ensuring that the most serious crimes are addressed and adequately punished. The application of general principles of law can help resolve these disputes and prevent conflicts of jurisdiction. And the leading role in this sense belongs to such a generally recognized principle of criminal justice as the inevitability of punishment. The principle of the non-reversibility of punishment aims to ensure that those responsible for heinous crimes, such as genocide, war crimes and crimes against humanity, are held accountable. In the context of Russian aggression against Ukraine, the principle of universal jurisdiction should serve as a tool for holding accountable those suspected of committing war crimes, genocide, crimes against humanity, and other serious violations of international humanitarian law. States that support Ukraine, condemn Russia’s aggression, and recognize and apply the principle of universal jurisdiction can assume responsibility for conducting an investigation and appropriate prosecution, even if the crime was not committed on their territory and they have no direct relationship with the victims or perpetrators. Thus, such states can use universal jurisdiction as a legal mechanism to hold perpetrators accountable if other international mechanisms prove insufficiently effective or unavailable.
In the article, the author analyzed the problem of law enforcement activities of bodies and persons who perform notarial acts in accordance with the provisions of Article 1 of the Law of Ukraine «On Notaries» ¸ Article 2 of the Law of Ukraine «On State Protection of Court Employees and Law Enforcement Bodies» on the basis of the study of a number of scientific views regarding the definition of the concept of «law enforcement agency», «law enforcement activity», «state regulation of notary activity» in the light of actions by authorized bodies and officials not only in terms of fulfilling the duty to certify rights, but also facts, that have legal significance and perform other notarial actions provided for by the Law in order to give them legal credibility, but also to ensure and guarantee that the constitutional rights of citizens who applied for notarial assistance will not be violated. Law enforcement functions or tasks mostly depend on the participation of one or another body in the protection (maintenance) of law and order. Law and order is an objective need for the development of the state and society. Its provision must take place within the limits of legality. Maintain law and order by daily compliance, implementation, use and application of legal norms by participants in legal relations. The authorized body’s participation in such relations imposes special responsibility on it. For a law enforcement agency, law and order in itself constitutes a higher level of necessity. Law enforcement actions and legal relations are closely related. They form a coherent law enforcement activity that is public, social and multifaceted. Each of the law enforcement agencies, within the limits of the powers granted to him, bears full responsibility for his own contribution to the assessment of his activities, in particular through the prism of daily contacts with citizens, helping them to ensure their constitutional rights through the fulfillment of constitutional duties. The place and role of notary public bodies in the system of law enforcement agencies and their implementation of law enforcement activities is the subject of research in the specified article and further scientific discussion.
The article examines the relationship between tax liability and the principles of tax law in the current legislation and regulatory requirements of the European Union. The object of research is social relations that regulate the emergence, change, fulfillment, termination of tax liability in the context of the principles of tax law. The subject of the research is the norms of the Constitution of Ukraine, current tax legislation and other normative acts. During the research, various methods were used, in particular: historical-legal, systematic, comparative-legal, formal-legal, teleological, general scientific methods: analysis, synthesis, induction, deduction. It is indicated that the tax liability is the taxpayer's duty to pay the state a certain amount, which the taxpayer independently calculates and reflects in the tax return. It is noted that the principles of tax law and the principles of tax liability and taxation are mutually related and are reflected in regulatory acts of tax legislation or other regulatory documents. The Tax Code of Ukraine specifies the following principles: universality of taxation; equality of payers before the law, inevitability of liability; presumption of legality of the taxpayer's decisions: fiscal sufficiency; social justice; neutrality of taxation; stability; uniformity and convenience of payment; a unified approach to setting taxes and fees. Separate principles are defined in the Constitution of Ukraine - the principles of rule of law, legality, etc. The legal principle of the economy of taxation is manifested in the requirement for the economic basis of income taxation. In the tax law of the countries of the European Union, the presumption of legality of the taxpayer's decisions is expressed through the rules on the inadmissibility of various forms of tax abuse, which have a codified status. The development of these principles in the tax law of the member states of the European Union has recently taken place in the form of determining the criteria for the application of scientific doctrines in model taxation situations, based on specific court decisions in cases on determining the amount of tax liability.
Abstract: A land title certificate is legal and concrete evidence of ownership and control of land. Its permanent nature and high value make land a stable and safe collateral for banks to disburse credit. However, this is an obstacle for land owners who do not yet have a certificate for the land they own and control, have complete proof of ownership of the land or rights, or do not even have proof of ownership. In the Pagar Alam District Court Decision Numbers: 6/Pdt.G.S/2021/PN Pga Using collateral in the form of land and buildings with proof of ownership SPPFBT No. 593/06/MS.Dp.U/2018. This obstacle makes it an option for that land that does not have a land title certificate as stated in Article 4 UUHT, to make an Ownership Statement of Land Parcel (SPPFBT) as an option for the community to use as collateral for bank credit. However, SPPFBT is a statement letter made unilaterally by the applicant that contains juridical data related to land control based on good faith, the authority is not as perfect as an authentic deed. Bearing in mind that, if there is bad credit in the credit agreement, the funds can be auctioned to fulfill the rights and obligations of the credit agreement between the debtor and creditor. In an implementation, banks must be careful in assessing the character, capabilities, capital, collateral, and business prospect funds of debtors, as well as formulating regulations regarding the use of SPPFBT as bank collateral for uncertified land to protect the rights and obligations of the Bank and credit applicants. Clearly, to provide legal certainty and protection.
Keywords: SPPFBT, Uncertificated, Collateral, Bad Credit, KPKNL.
Abstrak: Sertifikat hak atas tanah merupakan bukti yang sah, konkret atas kepemilikan dan penguasaan atas tanah. Namun, merupakan kendala bagi pemilik tanah yang belum memiliki sertifikat atas tanah yang dimiliki dan dikuasainya, kepemilikan bukti tanah atau alas hak secara lengkap bahkan sama sekali tidak memiliki bukti kepemilikan. Dalam Putusan Pengadilan Negeri Pagar Alam Nomor: 6/Pdt.G.S/2021/PN Pga menggunakan agunan berupa tanah dan/atau bangunan dengan bukti kepemilikan SPPFBT Nomor: 593/06/MS.Dp.U/2018. Hal tersebut menjadikan sebuah opsi bahwasanya tanah yang tidak memiliki sertifikat sebagaimana disebutkan dalam Pasal 4 UUHT, dapat menjadikan Surat Pernyataan Penguasaan Fisik Bidang (SPPFBT) sebagai opsi bagi masyarakat sebagai agunan kredit bank. Namun, SPPFBT merupakan surat pernyataan yang dibuat sepihak oleh pemohon berisikan data yuridis terkait penguasaan tanah berdasarkan itikad baik, sehingga kekuatannya tidak sesempurna akta autentik. Mengingat bahwa, apabila terdapat kredit macet dalam perjanjian kredit, agunan tersebut dapat dilakukan lelang guna memenuhi hak dan kewajiban atas perjanjian kredit antara debitur dan kreditur. Sehingga, dalam pelaksanaannya bank haruslah seksama menilai terhadap watak, kemampuan, modal, agunan, dana prospek usaha dari debitur, pula perumusan pengaturan mengenai penggunaan SPPFBT sebagai agunan bank atas tanah yang belum bersertifikat untuk melindungi hak dan kewajiban Bank dan Pemohon kredit haruslah jelas, guna upaya memberikan kepastian dan perlindungan hukum.
Kata Kunci: SPPFBT, Agunan, Tanah Tidak Bersertifikat, Kredit Macet, KPKNL.
In this paper, the author analyzes the benefits and limitations
of international arbitration in disputes that are subject to intellectual property
rights. Intellectual property law disputes have special characteristics. In the
event of a dispute with an international element, there is a problem with the
jurisdiction of state courts due to the principle of the territoriality of intellectual
property rights. The titular of the right must initiate court proceedings in all
countries individually, leading to delays in procedures, multiplication of costs
and uneven judicial practice. For these reasons, the author analyzes alternative
dispute resolution through arbitration to determine whether this method of
dispute resolution is more acceptable to foreign courts.
The author particularly pays attention to the WIPO Center for Arbitration
and Mediation as a permanent arbitration institution whose primary activity is
the resolution of disputes in the field of intellectual property rights.
Law in general. Comparative and uniform law. Jurisprudence
The article is devoted to issues of the content of the principles of the administrative process in modern administrative law. Attention is drawn to the fact that the study of the principles of the administrative process is extremely relevant for ensuring effective public administration. It is noted that the principles of the administrative process are the foundation on which the activities of executive authorities, local governments, and other state bodies are based. They define the framework and standards that public authorities must adhere to when making decisions and performing administrative functions and obligations. It is concluded that the study of these principles allows identifying problematic aspects and suggesting ways of their improvement, which contributes to increasing the efficiency of public administration. It is suggested that the principles of the administrative process should be understood as the main guiding ideas and provisions that determine the order and rules of administrative proceedings, regulate relationships between subjects of the administrative process, ensure fairness, efficiency and legality of administrative actions and decisions. It is proved that the principles serve as the basis for the formation, functioning and development of administrative law, help to avoid abuse of power and ensure the protection of the rights and freedoms of citizens. Attention is drawn to the fact that the conceptual significance of the principles of the administrative process lies in the fact that they determine the basic principles and guidelines for the construction and functioning of the administrative-procedural activity of public authorities. This means that the principles of the administrative process not only regulate specific procedures and actions, but also form a general concept of justice and management practice in the administrative sphere. It is substantiated that these principles together create a holistic concept of the administrative process and act in interaction with each other, ensuring a balance between the interests of the state and the rights of citizens, which contributes to effective management and increases trust in state institutions.
The article examines the international legal and national peculiarities of the legal regulation of the acquisition of the status of a pregnant woman in order to obtain all the rights and guarantees aimed at the protection of motherhood. It was found that the documentation in the field of social security is represented in the Ukrainian legislation by a certificate of incapacity for work (for insurance benefits in connection with pregnancy and childbirth) and a certificate for the appointment and payment of state benefits in connection with pregnancy and childbirth to women who are not insured in the mandatory state social insurance system. (for state assistance in connection with pregnancy and childbirth). On the other hand, in labor, the confirming fact of the employee’s pregnancy is connected only with the granting of leave in connection with pregnancy and childbirth, and it is a medical opinion of the category «Pregnancy and childbirth» with the determination of the expected period of childbirth. However, the labor legislation does not define the form of medical documentation, with the help of which the employee could properly inform the employer about her pregnancy. However, based on the results of the examination of temporary incapacity for work, a certificate of arbitrary form can be issued, confirming the fact of temporary incapacity, in the event that the person independently applied for counseling assistance. It is argued that the digitization and implementation of the electronic health care system acquires the primary importance of the gynecologist’s medical record as information about the results of the patient’s medical care in the Register of medical records, referral records and prescriptions in the electronic health care system. Their summary of the state of pregnancy is part of the patient’s electronic medical record, which is generally entered on the day such services are provided. Attention is focused on the need to improve the labor legislation of Ukraine and to borrow provisions of the legislation of the European Union regarding the acquisition of the status of a pregnant employee after properly informing the employer about her pregnancy. On the basis of the study of medical records, an attempt was made to determine such a document confirming the state of pregnancy, an extract from the Register of medical records, referral records and prescriptions in the electronic health care system, which contains such information, which is entered by a medical worker in general on the day of provision appropriate medical service. The right of access to this data in the form of an extract is guaranteed to the patient. Therefore, the employer can be informed about the state of the employee’s pregnancy with the help of an extract from the register, which she can present to him in paper or electronic form.
This article is a continuation of an extensive study of the process and results of the regulation of space activities over the period from 1958 to the present, the purpose of which is a deep analysis of international documents adopted over the entire period of space activities.The article is focused on an attempt to answer some controversial or unresolved issues related to the regulation of relations in outer space and on celestial bodies.Thus, for example, there are still many different theories and discussions on the topic: Does space law exist or not, and provided it exists, what documents can be attributed to its sources? Who can be the founder of space law, and to what extent? What can be the subjects and objects of space activities and space law? And, of course, one of the most important issues is the question of the jurisdictions of subjects of space activities and space law.To understand this, it is necessary to return to the origins of the process of regulating space activities, namely, during the period 1958-1963 years, when the technical exploration of outer space and celestial bodies had just begun and the first and most important documents in this area were adopted, namely, the first Resolutions and UN Declaration.Based on the analysis of these documents and the circumstances in which they were created, as well as taking into account the various opinions of scientists and the basic postulates of the theory of law, and even taking into account some philosophical aspects of human nature, this article attempts to define and describe the essence of space law, existing and possible spatial and territorial jurisdictions and also the subject-object composition of partici-pants in space activities.
En este artículo presentaré la importancia de revisar críticamente los términos usuales utilizados para denominar al vínculo que se establece entre quien gesta para otras personas y quienes requieren esa gestación para tener un bebé, con la intención de proponer un significante, a mi entender, más adecuado: relación de alquiler/sustitución del embarazo. Para ello, en primer lugar, aludiré sucintamente a cómo el uso del lenguaje en reproducción asistida no es neutral. En segundo lugar, examinaré las nomenclaturas más utilizadas en lengua castellana como por ejemplo “alquiler de vientre” y “gestación por sustitución”, entre otras, y las analizaré a través de dos criterios: el rol de la persona gestante y el tipo de relación entre quien gesta y quien/es quieren ser madre/s y/o padre/s Por último, utilizaré ambos criterios para proponer el nuevo significante.
Jurisprudence. Philosophy and theory of law, Medical philosophy. Medical ethics
Abstract This study aims to reveal the social representation of fintech from the perspective of traditional financial sector professionals in Brazil—herein used as a proxy for emerging markets—to interpret and compare it with the scientific literature on the concept of fintech. To achieve this, we applied the social representations theory associated with the word evocation test, similarity analysis, and descending hierarchical classification. After analyzing the results, we perceived a partial misalignment between the existing literature on the concept of fintech and the perspective of traditional financial sector professionals concerning this construct. In contrast to the literature surveyed, the respondents lack perception regarding the potential of fintech to constitute disruptive technology for the traditional financial sector—radically transforming or even eliminating it. In addition, traditional financial sector professionals have little insight into the potential of fintech to financially include the low-income population, owing to their lower costs and greater ease of use. Finally, traditional financial sector professionals failed to appreciate the need to develop a legal and regulatory framework for the performance of fintech in emerging markets. This is a subject that has also been scantly addressed by academia.
The safety and security is one of the key areas of interest for society and especially for organizations. Several dozen kinds of safety and security exist today. The organization must provide several kinds of security at the same time. Physical security, information security, occupational health and safety, fire protection and others are among the kinds of security provided. These kinds of safety and security usually exist independently, that causing problems. Discrepancy, greater complexity, staffing and financial costs are among those problems. Converged security is a possible solution. Converged security represents the integration of compatible kinds of safety and security. As a rule, physical security, cybersecurity and operational safety integrated into converged security within the organization. Converged security integrates separate data and events into a single unit, enabling a better understanding of the security situation. At the same time, it enables faster resolution of security breaches. Introducing converged security in an organization requires a good understanding of the security environment in which the reference object is located. Several ways of representing a security environment in the form of a model exist at present. The article describes how to create an organization's security environment model. It considers the conceptual model to be the most appropriate. This model allows a deeper analysis of the security environment. The article is a contribution to the development of theory of safety and security.
Tania Gabriela Villacreses Briones, Jorge Luis Villacreses Palomeque
La posición del Tribunal Constitucional español frente a la actividad legislativa penal, ha sido desarrollada a través de su jurisprudencia; en esta investigación se ha tomado para análisis al principio de proporcionalidad como límite de creación de la ley penal, según la jurisprudencia constitucional española. Consideramos que dentro de esta sentencia el Tribunal Constitucional además de abordar los problemas que se le plantean, asienta precedente acerca de la amplia libertad que tiene el Parlamento español a la hora de determinar los delitos y las penas del Código Penal, y el respecto a su labor discrecional, tan distinto al caso ecuatoriano, donde la labor parlamentaria debe adecuarse y desarrollarse en razón de los derechos y principios consagrados en la Constitución y los Tratados Internacionales de Derechos Humanos, con funciones casi absolutamente detalladas y limitadas.
Law, Law in general. Comparative and uniform law. Jurisprudence
Diplomatic relations between Kazakhstan and India were established on February 23, 1992. In May, 1992 the Embassy of Republic of India in Almaty was open, and in November, 1993 the Embassy of the Republic of Kazakhstan in Delhi is opened. The Indian economy - one of most dynamically developing on a planet. In the early nineties in foreign policy strategy of India was a new direction – Central Asia. India attaches great value to development of the relations with Central Asia; initiative so-called “A new Silk way of the Indian foreign policy”, directed on further strengthening of cooperation with the Central Asian region.
The important instrument of development and deepening of bilateral cooperation in various spheres is the
Intergovernmental Kazakhstan-Indian Joint commission on trade and economic, scientific and technical, industrial and cultural cooperation. Kazakhstan and India will intend to deepen cooperation in the oil and gas sphere. Kazakhstan is open for building of the Indian investments in priority sectors of economy – small and medium business, health care, agriculture, building of objects of Astana.
International relations, Comparative law. International uniform law