Farzaneh Ahmadian-Yazdi, Amin Sokhanvar, Soheil Roudari
et al.
Abstract This study utilizes two complementary models, the Time-Varying Parameter Vector Autoregressive Diebold–Yilmaz (TVP-VAR-DY) and the Time-Varying Parameter Vector Autoregressive Baruník–Křehlík (TVP-VAR-BK), to investigate the dynamic volatility transmission between exchange rates and stock returns in major commodity-exporting and -importing countries. The analysis focuses on periods of quantitative easing (QE) and quantitative tightening (QT) from March 15, 2020 to December 30, 2022. The countries examined are Canada and Australia (major commodity exporters) and the UK and Germany (major commodity importers). An essential contribution of this paper is new empirical insights into the dynamics of stock market returns and the transmission of volatility between these markets and exchange rates during the QE and QT periods. The results reveal that causality primarily flows from stock markets to exchange rates, especially during the QT period across all investment horizons. The Toronto Stock Exchange (TSX) emerges as the principal net driver among the markets under study. Furthermore, the Canadian exchange rate (USDCAD) and the Australian Stock Exchange (ASX) are the most significantly affected indices within the network across various investment horizons (excluding the long-term). These findings underscore the importance for investors and policymakers to consider the interplay between exchange rates and stock market returns, particularly in the context of the QE and QT periods, as well as other economic, political, and health-related events. Our findings are relevant to various stakeholders, including governments, traders, portfolio managers, and multinationals.
The article is devoted to the coverage of the foundations of rule of law in the UNR Constitution in 1918. It is argued that the Constitution of the Ukrainian People’s Republic is extremely significant for the Ukrainian people, it was crucial for the further political and legal development of the Ukrainian state. The Constitution proclaimed the Ukrainian People’s Republic a sovereign democratic parliamentary state. Principles were introduced and legal rules were implemented, which were completely new to the legal system of Ukraine of that time. These include recognition of the people by the subject of power, decentralization of power, the principle of equality of political and civil rights, etc. It is noted that the Constitution of the Ukrainian People’s Republic was developed under the best examples of constitutions at that time, but with some peculiarities that took into account the socio-political and economic conditions of life in the UNR. The document legally proclaimed the revival of national sovereignty and statehood, the legal foundations of civil society development were envisaged. It is emphasized that an important principle of the UNR Constitution was the division of powers into legislative, executive and judicial. Local authorities embodied elected councils and administrations in urban and rural communities, townships and lands. The key role of the national assembly as the Supreme Authority of the UNR, which was elected on the basis of a national vote on a proportional basis, was stated, while universal, equal, direct suffrage and secret ballot was introduced. At the same time, the status of a parliamentary deputy was determined, which was elected for a term of 3 years and worked on a permanent basis, which clearly proved the professional nature of the national assembly. The election was established by the UNR court. It is noted that the UNR Constitution defined equality in their civil rights and constitutional freedoms, the document did not allow the difference in the rights between a man and a woman. At the same time, the death penalty and corporal punishment were abolished, as they disgraced human honor and dignity. For national minorities, the right of national personal autonomy was envisaged. The implementation of national-personal autonomy was to be carried out through the National Union, which, within its competence, had the right to pass laws and exercise appropriate governance. It is emphasized that in practice the UNR Constitution has enshrined democratic values and principles, many of which were used in the process of creating a modern Constitution of Ukraine.
The “migration” of Future Generations from a moral to a judicial context represents a captivating development in contemporary legal discourse. Recent years have seen a surge in courts across various nations addressing the intersection of future generations and climate litigation. This nexus, far from being coincidental or sporadic, epitomizes a deeper societal and legal dilemma that necessitates a nuanced articulation for effective resolution. The main objective of this Article is to provide preliminary insights for contextualizing this legal evolution. Initially, the Article delineates the journey towards social legitimacy of climate science. Subsequently, it examines the impact of this social legitimation on judicial rulings, particularly observing an emerging trend in climate litigation to expand the temporal scope of legal relevance. The Article culminates in an exploration of the possible interplay between the legal significance of future generations and the extension of the law’s temporal horizon. This conjectural postulation is substantiated through select historical precedents.
Law of Europe, Law in general. Comparative and uniform law. Jurisprudence
У даній роботі, з урахуванням положень ст. 20 Кримінального кодексу (КК) України, у якій визначено правовий статус осіб з обмеженою осудністю, а також на підставі конституційних засад та принципу забезпечення честі і гідності людини як найвищої соціальної цінності, визначено основні проблеми та розроблені науково обґрунтовані шляхи щодо удосконалення правового механізму з означених питань у сфері виконання покарань і пробації.
Зокрема, встановлено, що у чинному кримінально-виконавчому законодавстві України (ст. 2 Кримінально-виконавчого кодексу (КВК)) відсутні будь-які норми, які стосувалися б реалізації вказаного вище права засудженими з психічними відхиленнями, що у подальшому виступає однією з детермінант, яка знижує рівень виправно-ресоціалізаційного впливу на зазначену категорію осіб та сприяє вчиненню ними нових злочинів у процесі виконання-відбування покарань.
При цьому звернута увага на той факт, що практично від 7% до 12% засуджених, які щорічно відбувають покарання у виді позбавлення волі на певний строк, мають ті чи інші психічні відхилення і є реально обмежено осудними, маючи у зв’язку з цим підвищений рівень суспільної небезпеки та віктимності (здатності стати жертвою протиправних посягань), що обумовлює необхідність по-новому підійти на законодавчому та правозастосовному рівнях до забезпечення принципу та права на гуманне ставлення і повагу їх людської гідності.
Констатовано, що серед пріоритетних критеріїв стану забезпечення прав людини в Україні, за якими оцінюється можливість вступу нашої держави в Європейський Союз та НАТО, є гарантування та дотримання у правозастосовній практиці такого принципу, як гуманне ставлення і повагу людської гідності будь-якої особи.
Враховуючи зазначене, у даній роботі доведено, що для вирішення на державному рівні даної проблематики варто ґрунтовно та всебічно з’ясувати зміст та сутність такої міжнародно визнаної правової категорії, як «принцип гуманізму та поваги до прав і свобод людини», що актуально в умовах воєнного стану в Україні.
Law in general. Comparative and uniform law. Jurisprudence
Modern philosophy of law defines the principles (foundations) of law as the initial conditions of law, the determinants of its content, on which law relies and which constitute its foundation. At the same time, most European countries use ancient Roman legal formulas in their modern legal systems, which evolved into maxims and became the basis of modern positive law in the form of principles. The establishment of general legal principles, concepts/ constructions is reflected in the legislation, doctrines and case law of most countries. In this article, we focused on the values and concepts formulated in the 1930s by the novelist and legal historian F. Schultz, including the principle of isolation/abstraction, the principle of simplicity and tradition, the principles of freedom and authority, the principle of humanity, the principle of loyalty/ good faith, the principle of security, and some others. These principles continue to be researched by Ukrainian and foreign scholars who supplement this list and study their impact on the legal systems of Ukraine and other countries. We emphasize that the principles were not formulated by Roman lawyers, for example, in the preamble to their own works or in a separate law or legal document. Roman law was casuistic, it mainly consisted of decisions made in individual cases. This is related to the peculiarities of legal argumentation in ancient Rome, which had a dual nature. On the one hand, they were determined by the rules of law, and on the other hand, they reflected a system of filling gaps in legal relations by applying the principles of law and the oratory techniques of lawyers of that time. Modern legal scholarship has tried to find and argue for the existence of general principles of Roman law development as a basis for making specific decisions, or because Roman lawyers sometimes used certain terms and concepts on which their decisions were based.
It is indicated that, in the conditions of the developed civil world community, especially in the territory of modern Europe, recently the issue of criminal-legal provision of military security and various kinds of legally significant actions in the context of provision of military security have become an integral part of every person’s life. This definitely becomes especially relevant in the context of the unprovoked aggression of the Russian Federation against our country. The issue of criminal law enforcement of life activity is manifested in the scope of implementation of various military aspects in various spheres of safety of life activity of society. However, in the conditions of the Russian onslaught, the urgency is not just to improve the current legislative requirements, but also to fundamentally clarify the specific interpretations and definitions of the criminal law protection of the country’s military security, which were part of Moscow’s interests a long time ago - in the last century. The article highlights the peculiarities of the organization of criminal and legal provision of military security in Georgia and the Republic of Poland in the context of their comparison with Ukraine. The analysis of the Criminal Codes of Ukraine, Georgia and the Republic of Poland proved that the place of military criminal offenses in the system of criminal laws in these countries is different. Therefore, the criminal law norms regarding the provision of military security are contained in the legislation of all the listed countries, but they are fully and adequately codified in the best way only in the Republic of Poland. It has been established that the legislation of Ukraine regulates certain aspects of ensuring military security in our country under the conditions of the legal regime of martial law. Attention is drawn to the fact that domestic legal science needs a theoretical and legal understanding of the current state of legal relations in the military sphere, as well as a systematization of existing approaches to the conceptual and categorical apparatus of military criminal offenses.
It is determined that since ancient times the first monuments of the state and law appeared, many national legal systems of the world have been established in the further history of mankind. Thanks to many factors, each country has formed its own legal system. Each of these systems has a unique set of features and characteristics that set it apart. At the same time, one of the important trends of modern legal development is broad international integration, which is manifested in the unification of legislation, the mutual absorption of different national cultures, the flow of people between countries.This article examines the understanding of Islamic law, the characteristic features of the religion of Islam, the comparison of Muslim law with the law of Muslim countries, by identifying Islamic law with the legal family of Romano-Germanic law. Accent the attention is focused on the influence of dogma in Islam, which society relies on, as well as the influence of the sources of Muslim law (Qur’an, Sunnah, Ijma, Qiyas) on Islamic countries. It is established that the duties of Muslims precede the law of Islam. In particular, it is due to the fact that for Muslims, duties before Allah are more important than their rights. Attention is drawn to the norms and rules taken from the Sharia, which a Muslim must follow and worship. It is analyzed, which elements of Muslim law are borrowed from the Romano-Germanic legal family. Certain differences between Islamic law and Romano-Germanic law are considered. In the course of the research, an uneven state of legal development in Muslim countries was revealed, which indicates the corresponding process of westernization (modernization). It has been proven that there are no significant changes in Muslim law during the process of westernization. However, it is important to understand that Islamic law has different aspects and interpretations and cannot be spoken of as a homogeneous or static system. Islamic law is a subject of constant debate, and its interpretation and application may change over time.
Resumo O objetivo deste artigo é compreender como as(os) agentes penitenciárias(os) percebem sua relação com as(os) presidiárias(os) e desvelar se o sexo influencia essa percepção. Para tanto, foram analisados 1.525 questionários on-line autoaplicáveis, respondidos entre 2014 e 2015, por uma amostra de agentes penitenciários de Minas Gerais (333 mulheres e 1.192 homens); e 23 entrevistas semiestruturadas com profissionais que atuavam na Região Metropolitana de Belo Horizonte (13 homens e 10 mulheres), realizadas entre os anos de 2016 e 2018. Os resultados indicam que o sexo não tem influência significativa na forma como as(os) agentes penitenciárias(os) percebem o seu trabalho e interagem com as(os) detentas(os), uma vez que há homogeneização das experiências no cotidiano profissional. Há uma ênfase exagerada na virilidade, característica que tende a ser assumida também pelas mulheres, dado o entendimento de que a profissão é eminentemente masculina, o que demandaria uso da força e rispidez para garantir a obediência das(os) internas(os). Como são valorizados atributos associados ao universo masculino em uma perspectiva tradicional dos papéis de gênero, homens e mulheres tendem a se comportar da mesma maneira.
Law in general. Comparative and uniform law. Jurisprudence
The article is devoted to the study of the essence of the main components of financial security of the state as a condition for ensuring the functioning of the national economy in martial law on the basis of financial legislation and providing proposals for its provision. Identification of current threats and risks to Ukraine's financial security and study of the state's competence to ensure Ukraine's financial security from real and potential threats. Finding sources of funding and determining the use of financial resources is the basis for ensuring the protection and development of production in the country in peacetime and, most importantly, in the war. The article is prepared with the use of current regulations relevant to this topic and problem. The main threats and risks to Ukraine's financial security have been updated and described. The process of development of issues of legal support of financial security of the state is analyzed. The peculiarities of the domestic legislative provision of the financial security of the state are determined. It is substantiated that the financial security of the state, as a component of economic security depends on its elements that have an impact on national security in general. Ensuring measures that have an impact on financial security, namely the security of the budget system, banking system, tax system and in the field of finance of enterprises operating in the country during the war. Establishment of a public-private mechanism of management, which regulates relations in the public sector of the economy, whose activities are aimed at ensuring the country's defense capabilities, and whose finances are under the full control of the state. The financial security of Ukraine at war is determined by the state of financial resources in order to finance the army, defense industry, the ability of enterprises, regions, businesses to obtain and direct financial resources to protect the country, to ensure the systematic reproduction of material production. Ensuring the financial security of the state in a state of war requires state regulation of the banking system and entrepreneurship.
Taking into account the rapid development of modern society under the influence of a combination of various factors, it can be stated that the legal system of Ukraine is in constant dynamics, which is manifested, in particular, in the appearance of its new structural elements designed to meet the urgent needs of society. One of these newly formed components is gender law, the emergence and development of which is currently causing a lot of discussion. Thus, the article analyzes the purpose of gender law and its place in the legal system of Ukraine through the characteristics of gender law as a field of law and its connection with other structural elements of the legal system. Attention is focused on the fact that gender law is a new branch of law that is beginning to form in the modern legal systems of states that have declared democracy, which is based on the provision and application of means of ensuring the equality of human rights regardless of gender, as well as establishing the limits of permissible differences in rights depending on gender. It was concluded that gender law has an independent subject and method of legal regulation, given that we can talk about gender law as a full-fledged branch of law that exists alongside other structural elements of the legal system. The subject of legal regulation of gender law and its interaction with other branches of law were characterized, which showed the importance of its isolation and further study for the proper functioning of a civilized, democratic, legal society. An example of the implementation of the imperative method of legal regulation within the framework of gender law is given. The role of provisions on ensuring gender equality in the law-making process has been determined by analyzing the need for gender-legal examination of normative legal acts. The dependence of the provisions of gender law on the principle of equality and the principle of non-discrimination, which should be considered the fundamental ideas of gender law, has been traced. A number of theoretical problems are identified, in particular, the lack of general recognition of gender rights by the field of law, and their practical consequences.
Ariel Sousa Santos, Patrícia Verônica Nunes Carvalho Sobral de Souza
Em um Estado Democrático de Direito, o Poder Judiciário possibilita o acesso à Justiça e aos demais direitos e garantias fundamentais previstos na Constituição Federativa do Brasil de 1988. Todavia, há um distanciamento entre a sociedade e o Estado, o que intensifica os índices de desigualdade social e viola os direitos e garantias fundamentais inerentes à pessoa humana. Desse modo, esta pesquisa justifica-se em razão do seu caráter social de abrangência nacional, visto que, a problemática em questão atinge grande parte da população brasileira, especialmente, as minorias. Em decorrência disto, objetiva-se analisar a necessidade de uma revolução democrática da Justiça no Brasil, como forma de aproximar o Poder Judiciário e a população. Para isto, no que concerne à Metodologia Científica, utilizar-se-á a natureza de pesquisa básica. Quanto aos objetivos da pesquisa, serão descritivos-explicativos, cujo procedimento técnico empregado será bibliográfico. Destarte, conclui-se que, por meio da revolução democrática da Justiça e da aproximação entre o judiciário e a sociedade haverá a atenuação das problemáticas sociais em análise.
Law, Law in general. Comparative and uniform law. Jurisprudence
Abstract In an effort to assist in the better understanding and implementation of the UNCITRAL Model Law on Secured Transactions (including its provisions on the registration of notices with respect to security interests) and the Model Inter-American Law on Secured Transactions with the Model Inter-American Registry Regulations, this article compares and briefly explains their key provisions.
The article considers the decriminalization of criminal offenses in the context of criminal law policy from the position of current legislation and doctrinal principles. The study used general and private-scientific research methods, analysis, synthesis, formal-legal, logical-semantic, and comparative-legal methods. It is noted that criminal policy is a part of social policy that definesthe tasks facing criminal law. One of the ways to implement criminal policy is decriminalization in the form of exclusion of acts as criminally illegal. The content of decriminalization of criminal offenses as an independent method of criminal policy isdetermined by the needs and patterns of social development. The legislator consciously applies a set of rules and methods based on the need to implement the grounds for the loss of criminal law’s ability to protect public relations, taking intoaccount changes in the nature of public relations, which were previously protected by criminal law. It is stated that the factors of decriminalization are the loss of public danger of the act and the possibility of recognizing it as legal; the partial loss of publicdanger of the act, which makes it possible to refuse criminal liability and apply measures provided by other branches of law; the complete absence of public danger due to errors of criminalization. The conditions of decriminalization are characterizedas systems of phenomena, the presence of which determines the absence or reduction of public danger, which are the consequences of the abolition of criminal liability for the act. In contrast to factors, the conditions of decriminalization are the dynamic category and are determined by the situation in society: socio-economic conditions; criminological and legal conditions; socio-psychological conditions.It is noted that decriminalization can be influenced by several conditions that complete each other in some way, but each of which alone cannot lead to decriminalization.
The work of the judicial system in wartime is a subject of debate, because, despite the fact that the order of court work is fixed, most often, in the constitutions of countries, there are various precedents and experience of the work of courts in emergency situations. Important factors influencing the work of courts are the safety of judges and other participants in the process due to the occupation of some regions, massive shelling of Ukrainian cities, possible sabotage, etc. In international practice, emergency situations include: state of emergency, state of war, state of siege, state of public danger, state of war, state of tension, state of defense, state of threat, state of readiness. Independent Ukraine applied martial law for the first time in its existence in 2022, after the beginning of open aggression by the Russian Federation. In addition to the Constitution of Ukraine, during the period of martial law, the work of courts is regulated by the Law of Ukraine "On the Legal Regime of Martial Law" and the Law of Ukraine "On Amendments to the Law of Ukraine "On the Judiciary and the Status of Judges" on Changing the Jurisdiction of Courts" No. 2112-IX.The main aspects of the work of the courts in Ukraine during martial law in 2022 were: the work of the courts cannot be stopped; the safety of people is the primary goal; all judicial bodies must develop plans that include: measures to preserve personal files and personal data of judges and employees; lists of court cases to be evacuated, as well as those to be destroyed; the places where such documents will be evacuated and the routes of such movement; issues of information technology evacuation and data preservation; heads of justice bodies are responsible for organizing emergency measures; Parliament should promptly respond to the need for legislative support for the stable functioning of the judicial system; the authorities should ensure the information security of judges and limit public access to registers containing information about them; subjects responsible for the formation of the Supreme Council of Justice to form its composition as soon as possible; an operational headquarters was created at the Council of Judges of Ukraine. The experience of Ukraine and the conclusions made by the authorities regarding the effectiveness of such an algorithm of court work in martial law conditions can be used by European countries.
The article considers the decriminalization of criminal offenses in the context of criminal law policy from the position of current legislation and doctrinal principles. The study used general and private-scientific research methods, analysis, synthesis, formal-legal, logical-semantic, and comparative-legal methods. It is noted that criminal policy is a part of social policy that defines the tasks facing criminal law. One of the ways to implement criminal policy is decriminalization in the form of exclusion of acts as criminally illegal. The content of decriminalization of criminal offenses as an independent method of criminal policy is determined by the needs and patterns of social development. The legislator consciously applies a set of rules and methods based on the need to implement the grounds for the loss of criminal law's ability to protect public relations, taking into account changes in the nature of public relations, which were previously protected by criminal law. It is stated that the factors of decriminalization are the loss of public danger of the act and the possibility of recognizing it as legal; the partial loss of public danger of the act, which makes it possible to refuse criminal liability and apply measures provided by other branches of law; the complete absence of public danger due to errors of criminalization. The conditions of decriminalization are characterized as systems of phenomena, the presence of which determines the absence or reduction of public danger, which are the consequences of the abolition of criminal liability for the act. In contrast to factors, the conditions of decriminalization are the dynamic category and are determined by the situation in society: socio-economic conditions; criminological and legal conditions; socio-psychological conditions. It is noted that decriminalization can be influenced by several conditions that complete each other in some way, but each of which alone cannot lead to decriminalization.
The article examines the legal regulation of hybrids of criminal proceedings in martial law. In the course of the problem, it is noted that one of the ways to optimize the legal regulation of criminal proceedings is to «merge» them by combining the relevant procedural tools. At the same time, it is noted that the legislative «combination» of criminal procedural actions during martial law may have a negative impact on ensuring the rights and freedoms of a person prosecuted. During the presentation of the main material it is noted that the greater the range of procedural means covered by investigative (investigative) action, the more evidence can be obtained in a situation where there is no safe access to the crime scene, there is a shortage of physical, technical and time resources, threat of active hostilities, etc. Attention is drawn to the fact that the value of hybrids of criminal procedural actions during hostilities lies in the fact that they are able to obtain the necessary evidence in any non-prohibited way in criminal proceedings. The «free combination» of criminal procedural means is considered more effective for the purposes of proving in a state of martial law than the implementation of certain formalized investigative (search) actions. It is emphasized that legislation may allow the use of «free» hybrids of procedural action, provided that such hybridization does not pose a risk of unlawful restriction (violation) of human rights and freedoms in criminal proceedings. In the event of a risk of unlawful restriction (violation) of human rights and freedoms, any hybridization of criminal proceedings should be prohibited by law. An exception is the situation in which a person in respect of whom a hybrid of criminal procedural actions is carried out is provided with effective procedural guarantees of rights and freedoms. It is emphasized that without the provision of effective procedural guarantees, it is not possible to talk about the use of hybridization of procedural actions against a person who is actually suspected or may be prosecuted in the future.
To evaluate the promising advantages of massively parallel sequencing (MPS) in our casework, we analysed a total of 33 Y-chromosomal short tandem repeats (Y-STRs) with traditional capillary electrophoresis (CE) and 25 Y-STRs using the newer MPS technology. We studied the outcome of both technologies in 64 father-son pairs using stock and custom-designed kits. Current MPS technology confirmed the 13 mutational events observed with CE and improved our understanding of the complex nature of STR mutations. By detecting isometric sequence variants between unrelated males, we show that sequencing Y-STRs using MPS can boost discrimination power.
Criminal law and procedure, Public aspects of medicine
O foco deste texto é refletir sobre os vínculos entre natureza, colonialidade e Direitos Humanos na leitura do filósofo argentino Enrique Dussel. Assim, questionamos qual a contribuição que os Direitos Humanos podem oferecer à luz da crítica de Enrique Dussel para pensar tais processos excludentes de reprodução do capital na América Latina? Em que medida o pensamento latino-americano pode contribuir de forma radical? Qual a razão para a natureza ser apropriada de forma mercantil na modernidade? Para responder tais questões, organizamos o trabalho em quatro momentos: no primeiro momento, apresentaremos a “crítica” dusseliana aos Direitos Humanos na América Latina; no segundo momento, analisaremos as relações entre capitalismo e colonialidade das quais a modernidade cumpriu etapa decisiva para apropriação mercantil da natureza. No terceiro, situaremos a sua contribuição acerca do direito vigente x direito utópico em sua aproximação crítica para os Direitos Humanos realizada pelo pensador argentino. Por fim, indicaremos a contribuição política de Dussel para uma crítica a ordem social capitalista, para outra ordem social, capaz de garantir o direito à vida e ao ambiente na América Latina.
Law in general. Comparative and uniform law. Jurisprudence, Jurisprudence. Philosophy and theory of law
Coral Hispano Vilaseca, Anicet Ramon Blanch Gisbert
Resumen
Los acuarios representan espacios donde se exhiben comunidades de organismos con una clara finalidad de ocio y educación. La mayoría de los acuarios a su vez aprovechan sus instalaciones con fines de investigación y divulgación científica para favorecer el conocimiento y sensibilidad medio ambiental a su público. El mantenimiento de organismos en cautividad conlleva un trabajo técnico que favorece al bienestar de los animales puesto que el objetivo de este tipo de instalaciones es ofrecer una visión lo más parecida al hábitat en el que habitan y se busca alargar al máximo la supervivencia de los animales. Actualmente, y tras varias décadas de experiencia, se estudian nuevos indicadores que puedan ser utilizados en la evaluación del bienestar de los peces para mejorar su estancia en este tipo de instalaciones.
Animal culture, Law in general. Comparative and uniform law. Jurisprudence