Hasil untuk "Law in general. Comparative and uniform law. Jurisprudence"

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DOAJ Open Access 2025
A Comparative Study of Anti-Corruption Education in Indonesia, Malaysia, Mexico, and Ukraine

Adithiya Diar, Hartati, Saidatul Nadia Abd Aziz

This paper examines the effectiveness of anti-corruption education in bringing about genuine behavioral change or merely reinforcing political rhetoric, while highlighting the institutional and social contexts across different countries. The practices of anti-corruption education in Indonesia, Malaysia, Mexico, and Ukraine are the main focus of this article. In Indonesia and Malaysia, although anti-corruption education program have been implemented in schools and universities, their impact remains limited due to weak law enforcement and inconsistent institutional support. In Mexico, initiatives such as the Sistema Nacional Anticorrupción (SAN) seek to integrate education and citizen oversight, yet remain constrained by political interests and deeply rooted patronage culture. Meanwhile, in Ukraine, the legacy of Soviet bureaucracy with its entrenched informality and patronage practices makes it difficult for anti-corruption education to translate into collective behavioral change. These findings underscore that the success of anti-corruption education is highly dependent on the political context, institutional strength, and the coherence between the values taught and a consistently applied legal system. Thus, anti-corruption education must be coupled with institutional reform and the strengthening of the rule of law in order to transcend rhetoric and achieve genuine behavioral transformation.

Law in general. Comparative and uniform law. Jurisprudence
DOAJ Open Access 2025
Possibilities for intelligence cooperation at EU level

Zuzana SVRČEKOVÁ

In an era of globalised security threats – from terrorism and cyber-attacks to hybrid warfare and organised crime – European intelligence services increasingly rely on intensive international cooperation. New technologies enable the rapid and extensive sharing of sensitive data, while the transnational nature of threats forces agencies to cross national borders and build common networks, databases and coordination mechanisms. This cooperation has deepened significantly in recent years, making the European intelligence space one of the most integrated in the world. Paradoxically, this dynamic development of cooperation in the field of information gathering and exchange is contrasted by an almost complete absence of parallel progress in international oversight of intelligence services. Control and oversight remain largely a national domain, constrained by strict national rules and limited capacity to scrutinise cross-border activities. This asymmetric development raises fundamental questions about democratic legitimacy, the protection of fundamental rights and accountability in an era of massive intelligence sharing. This article addresses this imbalance, analysing the current state of European intelligence cooperation, mapping key institutions and information-sharing mechanisms, and, above all, examining weaknesses in transnational oversight. The aim is to highlight the risks stemming from the absence of effective international oversight mechanisms and to suggest possible ways to strengthen them in order to ensure a balance between security needs and the protection of democratic principles in Europe.

Criminal law and procedure
CrossRef Open Access 2025
The rule of law in the UNR Constitution of 1918

S. G. Kelbia

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.

CrossRef Open Access 2025
Superficies in the law of modern Ukraine, Austro-Hungary and Ancient Rome: a comparative analysis

R. V. Savulіak

The article explores that the legal institution of superficies originated in the law of Ancient Rome, and its reception was carried out in the law of many European countries, including Austria-Hungary at the beginning of the 20th century, which included Western Ukrainian lands from 1772 to 1918, as well as in the law of modern Ukraine. The author found out that Justinian created a new legal institution for the use of someone else’s land for the transfer of urban land for development – superficies, which took the form of a long-term, alienable and inheritable right to use someone else’s land for development. It has been established that in Roman private law, the right of ownership of a constructed building belonged to the owner of the land plot according to the rule superficies solo cedit – the building follows the land. In turn, the superficiary had the right to use and dispose of the building or other structure erected on someone else’s land at his own discretion, namely, he had the right to sell, donate, exchange, lease, etc. The author found that with the development of pandect law, that is Roman private law recepted and adapted to the new conditions, the understanding of the essence and content of superficies changed in relation to its fundamental legal principle – superficies solo cedit. Namely, among German pandectists in the 19th century, the theory of special ownership of a structure was established, based on the recognition of a building constructed on the basis of a granted superficies right as an essential component of the right of development (and not of a land plot) and the extension of the legal regime of immovable property to this right. This approach was laid down as the basis for the legal regulation of superficies in Austria-Hungary. Although the author has investigated that the Austrian General Civil Code of 1811 did not provide for the legal institution of superficies, the article analyzes individual norms of the Code that regulated the construction of a building on someone else’s land (Articles 418- 419, 515). The author found out that the institution of superficies was introduced in Austria-Hungary just in the Law «On the Right to Build» of April 26, 1912, which regulated the right to build on someone else’s land and which is still in force in the Austrian Republic. The author established that in modern Ukraine superficies were first provided in the Civil Code of Ukraine, adopted just in 2003, in Chapter 34 «The Right to Use Another Person’s Land Plot for Development» (Articles 413-417), and in 2007 the Land Code of Ukraine was supplemented with Chapter 16-1 «The Right to Use Another Person’s Land Plot for Agricultural Needs or for Development», which contains only 1 article – Article 102-1. It has been analyzed that these norms establish the grounds for the emergence of the right of superficies, the rights and obligations of the owner of the land plot provided for development and the land user, as well as the grounds and legal consequences of the termination of this right. Therefore, the author, taking into account the experience of legal regulation of superficiary relations in Austria-Hungary, supported the proposal to recognize in modern Ukrainian law buildings (structures) constructed on the basis of the right of superficies as an integral part of such a right.

DOAJ Open Access 2024
Організаційно-правове забезпечення впровадження штучного інтелекту в Сінгапурі

A. Hachkevych

Реалізація концепції «розумної нації» у Сін­гапурі зумовила появу ряду ініціатив зі впро­вадження технологій штучного інтелекту у різні сфери, насамперед прийняття Національної стратегії штучного інтелекту. За період з 2018 р. до сьогодні органи виконавчої влади, взявши за основу етичні стандарти, сформували політику та правила для використання штучного інтелек­ту на тлі законодавчого поля. Їхню високу ефек­тивність підтверджує наявність у Сінгапурі умов одночасно сприятливих для технологічного ро­звитку та гарантування безпеки суспільства. У даній статті викладене авторське бачення прин­ципів управління в галузі штучного інтелекту в Сінгапурі, в основі яких лежить ідея балансу між сприянням технологічним та бізнес-інноваціям, з одного боку, а з іншого - захистом інтересів громадян. Виокремлені інноваційні інструменти для забезпечення впровадження - акти «м'яко­го права» - загальногалузеві та спеціалізовані - від Управління з розвитку інфокомунікацій та медіа, Комісії зі захисту персональних даних, Валютно-фінансового управління Сінгапуру та Міністерства охорони здоров'я. Особлива увага приділена Модельним рамкам щодо управління штучним інтелектом, які отримали високу між­народну оцінку. Автор розглядає інституційну інфраструктуру державного управління в га­лузі штучного інтелекту, яка виходить за межі Міністерства комунікації та інформації. Наведені приклади проектів із реалізації національних стратегій (AI Verify, Veritas, 100E). Визначені особливості організаційно-правового забезпе­чення впровадження штучного інтелекту в Сін­гапурі, які відрізняють його від інших лідерів у світі. Зроблена спроба концептуалізації пра­вил для створення та використання технологій штучного інтелекту, яка відображає наявні тен­денції у політиці Сінгапуру. Показано виділення окремих видів, наприклад, генеративного ШІ та систем ШІ з безперервним навчанням, в якості об'єктів регулювання актів «м'якого права», а також поєднання рекомендацій для галузі ШІ в цілому та для таких сфер застосування техноло­гій ШІ як охорона здоров'я та фінанси.

Law in general. Comparative and uniform law. Jurisprudence
arXiv Open Access 2024
Accelerating Look-ahead in Bayesian Optimization: Multilevel Monte Carlo is All you Need

Shangda Yang, Vitaly Zankin, Maximilian Balandat et al.

We leverage multilevel Monte Carlo (MLMC) to improve the performance of multi-step look-ahead Bayesian optimization (BO) methods that involve nested expectations and maximizations. Often these expectations must be computed by Monte Carlo (MC). The complexity rate of naive MC degrades for nested operations, whereas MLMC is capable of achieving the canonical MC convergence rate for this type of problem, independently of dimension and without any smoothness assumptions. Our theoretical study focuses on the approximation improvements for twoand three-step look-ahead acquisition functions, but, as we discuss, the approach is generalizable in various ways, including beyond the context of BO. Our findings are verified numerically and the benefits of MLMC for BO are illustrated on several benchmark examples. Code is available at https://github.com/Shangda-Yang/MLMCBO .

en stat.ML, cs.LG
CrossRef Open Access 2024
Justice as a requirement for the effectiveness of law-enforcement acts

O.V. Buts

The article is devoted to the study of the peculiarities of the understanding of the category «justice» in the context of understanding the latter as a requirement for the effectiveness of law enforcement acts. It has been established that justice at the level of legislation literally permeates the basic Ukrainian legislation. This concerns, first of all, numerous regulatory legal acts of a constitutional nature and basic codifications in various branches of the legal system. The principles of justice are enshrined in the current legislation of Ukraine, in particular in the following legislative acts: Civil Procedure Code of Ukraine, Economic Code of Ukraine, Criminal Code of Ukraine, Criminal Executive Code of Ukraine, etc. In practice, the Constitutional Court of Ukraine implements the principle of justice in its decisions. It is proven that the requirements of justice cannot be absorbed by the concepts of good faith and reasonableness, but have an independent meaning. It is impossible to agree with the fact that the requirements of justice of a law-enforcement act exist in a «hidden form», because its concept and content can be defined by a specific term. A decision that violates the principles of good faith and reasonableness cannot be recognized as fair. At the same time, a good faith and reasonable decision may theoretically contradict the principle of justice. It was concluded that justice as a requirement for the effectiveness of law-enforcement acts must be perceived in a broad sense - in relation to the entire process of establishing facts, their research, qualification and, ultimately, the law­enforcement act itself. This makes it possible to follow the influence of all stages of law enforcement activities on the adoption of fair law enforcement acts, to evaluate their effectiveness, based on the fact that such decisions acquire not only legal, but also moral force. The legal criteria for the fairness of a law-enforcement act are: the fairness of the law itself (as a general criterion) and the fairness of the normative legal acts that were used during the adoption of the law-enforcement act (as a direct criterion). The justice of a law-enforcement act depends not only on its legality and reasonableness, but also on its compliance with the principles of social justice and moral norms.

CrossRef Open Access 2024
Comparative analysis of criminal law enforcement of military security in Ukraine, Georgia and the Republic of Poland

V.Yu. Artemov

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.

arXiv Open Access 2023
About the aftershocks, the Omori law, and the Utsu formula

Anatol Guglielmi, Alexey Zavyalov, Oleg Zotov et al.

After the main shock of an earthquake, a stream of aftershocks that does not subside for a long time is usually observed. Fusakichi Omori found that the frequency of aftershocks decreases hyperbolically with time. It has recently been observed that Omori's law can be viewed as a solution to a differential equation describing the evolution of aftershocks. An alternative way of describing is based on Utsu law, which states that the frequency of aftershocks decreases with time according to a power law. The presented paper is polemical. We discuss the issue of the applicability of each of the three alternative ways of describing aftershocks. The Omori law has a limited scope. The law is valid only in the so-called Omori epoch, after which the earthquake source undergoes a bifurcation. In the Omori epoch, the Utsu law is also valid, but it does not differ in this epoch from the Omori law. The general conclusion is that the existence of the Omori epoch and the phenomenon of bifurcation exclude the possibility of describing by a continuous smooth function. At the same time, the differential evolution equation is applicable both before and after the bifurcation point. Key words: earthquake, main shock, evolution equation, deactivation factor, Omori epoch, bifurcation.

en physics.geo-ph
arXiv Open Access 2023
Algorithmic Unfairness through the Lens of EU Non-Discrimination Law: Or Why the Law is not a Decision Tree

Hilde Weerts, Raphaële Xenidis, Fabien Tarissan et al.

Concerns regarding unfairness and discrimination in the context of artificial intelligence (AI) systems have recently received increased attention from both legal and computer science scholars. Yet, the degree of overlap between notions of algorithmic bias and fairness on the one hand, and legal notions of discrimination and equality on the other, is often unclear, leading to misunderstandings between computer science and law. What types of bias and unfairness does the law address when it prohibits discrimination? What role can fairness metrics play in establishing legal compliance? In this paper, we aim to illustrate to what extent European Union (EU) non-discrimination law coincides with notions of algorithmic fairness proposed in computer science literature and where they differ. The contributions of this paper are as follows. First, we analyse seminal examples of algorithmic unfairness through the lens of EU non-discrimination law, drawing parallels with EU case law. Second, we set out the normative underpinnings of fairness metrics and technical interventions and compare these to the legal reasoning of the Court of Justice of the EU. Specifically, we show how normative assumptions often remain implicit in both disciplinary approaches and explain the ensuing limitations of current AI practice and non-discrimination law. We conclude with implications for AI practitioners and regulators.

en cs.CY, cs.AI
arXiv Open Access 2022
Lorentzian Taub-NUT spacetimes: Misner string charges and the first law

Adel Awad, Somaya Eissa

Motivated by recent activities in Lorentzian Taub-NUT space thermodynamics, we calculate conserved charges of these spacetimes. We find additional mass, nut, angular momentum, electric and magnetic charge densities distributed along Misner string. These additional charges are needed to account for the difference between the values of the above charges at horizon and at infinity. We propose an unconstrained thermodynamical treatment for Taub-NUT spaces, where we introduce the nut charge $n$ as a relevant thermodynamic quantity with its chemical potential φ_n. The internal energy in this treatment is M-nφ_n rather than the mass M. This approach leads to an entropy which is a quarter of the area of the horizon and all thermodynamic quantities satisfy the first law, Gibbs-Duhem relation as well as Smarr's relation. We found a general form of the first law where the quantities depend on an arbitrary parameter. Demanding that the first law is independent of this arbitrary parameter or invariant under electric-magnetic duality leads to a unique form which depends on Misner string electric and magnetic charges. Misner string charges play an essential role in the first law, without them the first law is not satisfied.

en hep-th, gr-qc
DOAJ Open Access 2021
Towards Digital Twins of Multimodal Supply Chains

Anselm Busse, Benno Gerlach, Joel Cedric Lengeling et al.

Both modern multi- and intermodal supply chains pose a significant challenge to control and maintain while offering numerous optimization potential. Digital Twins have been proposed to improve supply chains. However, as of today, they are only used for certain parts of the entire supply chain. This paper presents an initial framework for a holistic Digital Supply Chain Twin (DSCT) capable of including an entire multimodal supply chain. Such a DSCT promises to enable several improvements all across the supply chain while also be capable of simulating and evaluate several different scenarios for the supply chain. Therefore, the DSCT will not only be able to optimize multi- and intermodal supply chains but also makes them potentially more robust by identifying possible issues early on. This paper discusses the major requirements that such a DSCT must fulfil to be useful and how several information technologies that matured in recent years or are about the mature are the key enablers to fulfil these requirements. Finally, a suggested high-level architecture for such a DSCT is presented as a first step towards the realization of a DSCT, as presented in this work

Transportation and communication, Management. Industrial management
arXiv Open Access 2021
The Sixth Law of Stupidity: A Biophysical Interpretation of Carlo Cipolla's Stupidity Laws

Ilaria Perissi, Ugo Bardi

Carlo Cipolla's stupidity quadrant and his five laws of stupidity were proposed for the first time in 1976. Exposed in a humorous mood by the author, these concepts nevertheless describe very serious features of the interactions among human beings. Here, we propose a new interpretation of Cipolla's ideas in a biophysical framework, using the well-known predator-prey or "Lotka-Volterra" model. We find that there is indeed a correspondence between Cipolla's approach, based on economics, and biophysical economics. On the basis of this examination, we propose a sixth law of stupidity, additional to the five proposed by Cipolla. The law states that humans are the stupidest species in the ecosystem.

en q-bio.PE
CrossRef Open Access 2020
Ghana's New Region Creation Doctrine: The Jurisprudence of No Jurisdiction and the Faux Economics of Balkanisation

Stephen Kwaku Asare

Ghana recently created six new regions, amid controversy over who was entitled to vote in the region-creating referenda and its likely economic consequences. The Supreme Court declined jurisdiction to address the suffrage controversy, paving the way for voters in only the specified areas of the affected regions to vote for creating the regions. This article evaluates the Court's reasons for declining jurisdiction and the arguments made to support the creation of the regions. It concludes that there is merit in the claim that all voters in the affected regions should have participated in the referenda and raises substantial doubts about the arguments in favour of creating the regions. It also concludes that creating new regions gives the semblance of increased decentralisation but only results in deconcentration, hence more centralisation. The exercise continues the post-independence drift from regional power-sharing to fragmented powerless regions. Since the resulting fragmentation of the country provides no clear benefits but imposes certain costs, the article suggests either a constitutional amendment or statutory reforms to raise the bar for creating new regions.

DOAJ Open Access 2020
THE PRINCIPLE OF THE DIGNITY OF THE HUMAN PERSON IN LEGAL RELATIONS GOVERNED BY LAW 13.105/2015

Elias Marques de Medeiros Neto, Jefferson Patrik Germinari

In order to reach the elementary goal of the maintenance of public order, in the context of the Democratic State of Law mentioned in the preamble of the Federal Constitution of 1988, where the Federative Republic of Brazil is sustained, several prerogatives and guarantees must be observed, either in the public sphere, or in the private one, under a fundamental paradigmatic north, aiming with this to prevent the deterioration of basic rights of citizens. The dignity of the human person emerges from this in order to provide individuals with guarantees that are minimally considered in the face of possible transgressions that they may encounter in the various relationships of life in society. Given the importance of the subject, using a deductive method of research, the purpose of this work is to immerse itself in the Civil Procedural Law for the purpose of identifying, within the provisions in force of the Code of Civil Procedure, the main legislative exaltations in veneration of the principle of human dignity in the course of judicial deeds, since the scope of such foundation is considered comprehensive, broad in scope, covered under various biases, including the protection of other guarantees that are dependent on and intrinsically linked to it.

Law in general. Comparative and uniform law. Jurisprudence
arXiv Open Access 2020
Lagrangian Scaling Law for Atmospheric Propagation

Sophia Potoczak Bragdon, Daniel Cargill, Jacob Grosek

A new scaling law model for propagation of optical beams through atmospheric turbulence is presented and compared to a common scalar stochastic waveoptics technique. This methodology tracks the evolution of the important beam wavefront and phasefront parameters of a propagating Gaussian-shaped laser field as it moves through atmospheric turbulence, assuming a conservation of power. As with other scaling laws, this Lagrangian scaling law makes multiple simplifying assumptions about the optical beam in order to capture the essential features of interest, while significantly reducing the computational cost of calculation. This Lagrangian scaling law is shown to reliably work with low to medium turbulence strengths, producing at least a 2x computational speed-up per individual propagation of the beam and >100x memory reduction (depending on the chosen resolution).

en physics.optics
DOAJ Open Access 2019
Apresentação

João Batista Oliveira de Moura

A 24ª edição da REVISTA DA DEFENSORIA é um convite ao mergulho teórico em questões de grande relevância e atualidade. Reunindo 14 textos semeados na doutrina de proteção aos direitos humanos, na criminologia crítica, na sociologia e na filosofia jurídica, esta edição ilumina temas de necessária reflexão frente aos desafios à afirmação da Democracia. [...]

Jurisprudence. Philosophy and theory of law, Political institutions and public administration (General)

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