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1
Tvalchrelidze, Alexander, and Natia Chomakidze. "Comparative Analysis of Western and Russian Mineral Reserve Classifications." Works of Georgian Technical University, no. 3(521) (September 29, 2021): 47–58. http://dx.doi.org/10.36073/1512-0996-2021-3-47-58.
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Despite that Georgia has signed an Association Agreement with the European Union, by today its geological-mining legislation has not been synchronized with European mining codes. Georgian Law on Earth’s Interior is a calque of the obsolete Soviet law with minimum updates. At the same time, development of the private mining business is hampered by olden standards of exploration reporting and estimation and approval of reserves, which also are vestiges of olden Soviet standards. The article analyses in-depth the Russian and the Western reserve reporting codes and proves that development of mining industry in Georgia calls for immediate legislative approval of the Western standards and foundation of the Competent Persons’ institute. Such actions will not only promote development of private mining businesses but harness the Georgian mineral resource fund to the betterment of the country.
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Gross, Ariela J. "Race, Law, and Comparative History." Law and History Review 29, no. 2 (May 2011): 549–65. http://dx.doi.org/10.1017/s0738248011000083.
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What are we comparing when we compare law and race across cultures? This was once an easier question to answer. If we take “races” to be real categories existing in the world, then we can compare “race relations” and “racial classifications” in different legal systems, and measure the impact of different legal systems on the salience of racial distinction and the level of racial hierarchy in a given society. That was the approach of the leading comparativist scholars at mid-century. Frank Tannenbaum and Carl Degler compared race relations in the United States and Latin America, drawing heavily on legal sources regarding racial definition, manumission of slaves, and marriage. They were studying relations between “white people” and “Negroes,” as well as the possibility of an intermediate class of “mulattoes.” But once we understand race itself to be produced by relations of domination, through several powerful discourses of which law is one, we are up against a more formidable challenge. We must compare the interaction of two things—legal processes and ideologies of race—in systems in which neither is likely to have a stable or equivalent meaning. Because “law” is likewise no longer as clear-cut a category as it once was; in addition to the formal law of statute books and common law appellate opinions, we now understand “law” to encompass a broad set of institutions, discourses, and processes produced by a larger cast of characters than solely jurists, legislators, and appellate judges.
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Kostecki, Dawid. "Administrative Law Values – Attempts at Methodological Order." Studia Iuridica Lublinensia 32, no. 5 (December 31, 2023): 239–48. http://dx.doi.org/10.17951/sil.2023.32.5.239-248.
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The appeals to values and the renaissance of axiological thought in the various legal dogmas naturally prompt a methodological order. The article is a voice in the debate on attempts to systematize values in administrative law. On the grounds of positive law, one usually reaches only to justify the thetic validity of norms. In administrative law, which concerns human beings, it is especially common to reach for the axiological basis of the validity of the law – hence the number of value classifications is considerable. The meanders of axiological reflection in administrative law are entering a higher level of complexity. The axiology of administrative law is very complex due to the great diversity of administrative law, and any typologies are contractual in nature. The doctrine is generating new catalogues of values. Each of them is threatened by a form of relativism. The author undertakes an analysis of the proposed classifications, pointing out the advantages and disadvantages of the various solutions. The purpose of the article is to present justifications for the separation and classification of values in administrative law and to confirm the relevance of axiological reflection within the framework of the legal dogma indicated. The main methods used in the text are formal-dogmatic and comparative.
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Skytioti, Sotiria. "Comparative Law and Language with Reference to Case Law." Studies in Logic, Grammar and Rhetoric 66, no. 1 (November 19, 2021): 105–14. http://dx.doi.org/10.2478/slgr-2021-0007.
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Abstract Comparative law is necessary in the modern era in which legal systems absorb ideas and elements from other legal systems and customary legal classifications are altered. Comparative law is closely intertwined with language because the research of different legal systems presupposes the study of legal texts written in different languages. Even if translation exists, a totally crucial issue arises: can the legal essence of the case law of a country be interpreted appropriately in any language but the original? The link between law and language constitutes an absolutely essential relation, since language – through translation – is often the only way of accessing foreign law of foreign countries with different languages. So, the aforementioned relationship as well as its results in case law will be the main topic of this article. First of all, the use of language is of outmost importance to any legal system, as it serves as the means of enforcing written legal rules and contributes to their dissemination, codification and evolution. Both law and language are cultural phenomena and this is why they must be studied taking into account the temporal and social circumstances. Living in the era of multicultural societies and immigration, the need of not just translating but rather transferring the legal essence of the jurisprudence among the different countries with different cultures give prominence to the essential link between comparative law and language systems. Studying case law is regarded as a possibility to redirect judges and lawyers’ attention to the fact that the interpretation of the legal judgement is the cornerstone of a whole legal system of another country. The dynamic relationship of law and language dictates the result of the translation and interpretation of the case law of a specific country in relation to the case law of another country. Thus, comparative law comes out to serve as the guardian of the legal essence in order to transfer the legal point of the judge among different societies with different languages.
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Terekhov, Evgeny. "The Development Analysis of the Ideas About Classifications of Interpretative Acts." Legal Concept, no. 4 (December 2022): 88–94. http://dx.doi.org/10.15688/lc.jvolsu.2022.4.12.
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Introduction: the official interpretation of the norms of law is an integral part of the mechanism of the legal regulation. Despite this, its system is not fully understood today. This is especially true with regard to interpretative acts, whose totality is currently insufficiently studied, despite the historical experience formed. Purpose: the generalization and analysis of specific ideas about the classifications of interpretative acts, as well as the use of the data obtained for the possibility of identifying the classification groups of interpretation acts of the norms of law. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which are consistency, analysis, and comparative legal, formal legal, historical methods. Results: the author’s position justified in the work on the possibility of distinguishing the classification groups is based on the results of the study of ideas about the classifications of acts of interpretation of legal norms in the period of pre-revolutionary, Soviet and modern Russia. Conclusions: as a result of the conducted research, it was found that the presence of various types of interpretative acts in itself does not always form a system, since the latter should represent a group of interrelated elements. That is why, it is worth distinguishing not just types, but groups of types of acts of interpreting the norms of law whose necessary part are functional (forms a set of types of acts of interpretation of the norms of law, whose use allows you to clearly see how the official interpretation of the norms of law directly ensures the processes of the legal regulation of public relations) and auxiliary (forms a set of types of acts of interpretation of the norms of law whose use is intended to support the functional group, this is a kind of technical organization).
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Gayford, J. J., and H. N. K. Jungalwalla. "Personality Disorder According to the ICD 9 and DSM III and Their Value in Court Reporting." Medicine, Science and the Law 26, no. 2 (April 1986): 113–24. http://dx.doi.org/10.1177/002580248602600206.
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The historical background to classification of personality is briefly reviewed. A more detailed comparative account is given of the ICD 9 (1978) and the DSM III (1980) typological classifications of personality disorders. Their value in court reporting is discussed. A critical evaluation is made of personality typology. The conclusion is that in spite of certain defects they are a useful method of transmitting information and of making prognostications in forensic psychiatry.
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Anthimos, Apostolos. "Analyse Comparative / Comparative Perspectives." International Journal of Procedural Law 12, no. 2 (November 4, 2022): 296–313. http://dx.doi.org/10.1163/30504856-01202008.
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The public policy defence in Greece is widely considered as the last resort for the judgment debtor. It is hardly ever the case that an appeal against the judgment granting recognition and/or exequatur omits a reference to the public policy defence. The prospects of success are nevertheless minimal. The purpose of this article is to give a comprehensive view of the Greek case law in the field. This will be examined in two parts. Following a brief introduction (Section I), the first part of the article will elaborate on domestic law and bilateral conventions, featuring the general aspects of the public policy clause, and a case law classification (Section II). Following the same pattern, the second part of the article will explore the field of EU law, focusing on EU Regulations (Section III). Finally, the findings of the court practice in Greece and the future perspectives will be presented (Section IV).
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Badousi, Mohammad. "Classification Of Electronic Crimes According To The Nature Of The Right Assaulted (A Comparative Study Between The Palestinian And Emirati Legislations)." AAU Journal of Business and Law 8, no. 1 (February 15, 2024): 120–47. http://dx.doi.org/10.51958/aaujbl2024v8i1p6.
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This research investigates the issue of the different classifications of electronic crimes, and the importance of classifying them in the criminal law, with a focus on the specificity and the importance of the right assaulted in classifying them, as well as the importance of classifying them according to this criterion at all stages of the legal process to Combatting phenomenon of electronic crime. In this study we also investigates, the approach of Palestinian and Emirati legislators in classifying and regulating the provisions electronic crimes and Communications Crimes & information technology, pursuant to Decree-Law No. 10 of 2018, and Federal Law Decree-Law No. 34 of 2021 on combating phenomenon of electronic crime. At the end of the study, the researcher reached a set of conclusions and recommendations, One of the most important of conclusions is that The classification of electronic crimes based on the criterion of the right assaulted constitutes a vital issue in confronting these crimes, just as the Palestinian legislator did not follow a specific approach in his classification of electronic crimes and their substantive and procedural provisions, as the UAE legislator did in organizing and classifying crimes according to a clear approach. One of the most important recommendations is the necessity of the legislator the need for the Palestinian legislator to make amendments to the electronic crimes Law, classify these crimes, and separate the substantive and procedural provisions within this law, as well as amend the texts of Articles (21, 28, 48) of this law.
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Panichkin, Vyacheslav B. "FICTIONS AND PRESUMPTIONS AS A LEGAL WRITING TECHNIQUE IN INHERITANCE AND THE RESULTING LEGAL PARADOXES: A COMPARATIVE ANALYSIS OF RUSSIAN AND COMMON LAW." Law of succession 1 (March 11, 2021): 12–16. http://dx.doi.org/10.18572/2072-4179-2021-1-12-16.
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The article analyzes the special role of legal fictions and presumptions as the tools of the Succession Law regulation in comparison or Russian and American Law. Author depicts the difference of methods of these instruments use, concerning theories, classifications in relation to succession. The mechanism of legal paradoxes as the consequences of fictions is revealed.
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Hrytsai, Serhii. "CLASSIFICATION OF ELEMENTS OF THE LATEST DIGITAL FINANCIAL TECHNOLOGY." International Science Journal of Jurisprudence & Philosophy 1, no. 2 (August 1, 2022): 1–15. http://dx.doi.org/10.46299/j.isjjp.20220102.1.
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Today we can state that these technologies have created the basis for the formation of a fundamentally new environment of legal regulation, penetrating into a wide variety of areas of human activity. And such a new technological environment based on digital technologies significantly affects various spheres of life, such as financial, political, social, and other. The influence of the modern “digital revolution” began to extend to the formation of the relevant norms of national legislation, which led to the adoption of the Law of Ukraine “On Virtual Assets”. The purpose of the article is to develop a study aimed at trying to form a classification of the latest elements of digital technologies that have more found their application in the financial sector of the economy and have the common well-known name “cryptocurrency” and adopted in domestic legislation the expression “virtual assets” with the adoption of the Law of Ukraine “On Virtual Assets”. In the study, we call them digital financial technology. And to form their general classification, on the basis of their inherent characteristic features. The purpose of the article is not how much to present the classification of virtual assets proposed in the Law Ukraine “On Virtual Assets”, as in the presentation on the background of their existing alternative classification. During the study, general scientific research methods were used – deduction and induction, synthesis and analysis, scientific abstraction, systematic approach; specifically – legal methods of cognition – formally legal; legal forecasting, retrospective and comparative-legal method; methodological substantiation of the essence, nature, and structure of terminology, which is the object of research. The study showed the existing versatility of classifications in the world, and the author proposed, on the basis of existing classifications, his own vision for grouping the objects of research of “cryptocurrency” into four groups: DFT-gaming, DFT-prepaid, DFT – national currency, DFT – interethnic currency.
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Lehenko, V. I. "Comparative characteristics of virtual assets and other objects of private law relations." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 129–33. http://dx.doi.org/10.24144/2788-6018.2024.04.21.
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The article is devoted to the comparison of characteristics of virtual assets and other objects of private law relations. Due to the lack of thorough scientific research and monographs that would classify virtual assets and these objects, it became necessary to analyse in detail the regulatory acts and case law of Ukraine and several leading jurisdictions regulating this area, and to systematise the conclusions reached by other scholars who have studied certain aspects of this issue in order to determine which category of objects of private law relations is more correct and useful from the point of view of development of the Ukrainian economy and protection of investors’ rights. In order to conduct this study of the modern categorisation of virtual assets and, in some cases, to equate them with existing objects of private law relations, systematic, comparative, hypothetical, analytical and inductive methods were used. As a result of the study, virtual assets were compared with property, money, securities, property rights, works and services, results of intellectual and creative activity, information, and intangible goods. Definitions of virtual assets in the legal acts of different jurisdictions were compared. It was analysed how other jurisdictions address the issues of classification and correlation of virtual assets and other objects of private law relations. Consideration is also given to the expediency of including the term ‘digital property’ in Ukrainian legislation on virtual assets, as well as the possibility of other classifications in view of the need to harmonise Ukrainian and European legislation. Another result of the inclusion of this category of objects is that virtual assets also become property, although they exist exclusively in the digital environment. It is concluded that a significant part of virtual assets, depending on their category, can be classified as either securities or means of payment. At the same time, the Ukrainian legislator has chosen a different path: all virtual assets have been effectively equated with property due to the absence of special regulations in this field.
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Zorkin, Valery D. "To the 100<sup>th</sup> anniversary of Veniamin Evgenievich Chirkin." Gosudarstvo i pravo, no. 10 (December 16, 2024): 7–9. https://doi.org/10.31857/s1026945224100018.
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The publication is dedicated to the anniversary of the outstanding legal scholar Veniamin Evgenievich Chirkin. Information is provided concerning V. E. Chirkin’s participation in the Great Patriotic War, as well as his contribution to the development of many scientific classifications, the formation of the concept of transitional states, the analysis of the legal systems of various states, and the study of the functioning of existing social institutions. It is noted that he paid special attention to the issues of comparative statecraft, as well as developed new concepts in law, in particular legal entities of public law.
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Kovač, Polonca. "The Public Administration Discipline in Slovenia: Between Legal and Administrative Sciences." NISPAcee Journal of Public Administration and Policy 6, no. 2 (December 1, 2013): 33–52. http://dx.doi.org/10.2478/nispa-2013-0005.
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Abstract Th e article analyzes the historical development of public administration as a discipline in research and study programs situated between legal and administrative sciences in Slovenia as part of the Central European political and legal environment. Public administration in Slovenia was initially, and still is, primarily law-driven, but an integrative and furthermore interdisciplinary approach to public-administration studies is considered to be an inevitable trend due to its complex character. However, as indicated by the presented results of research on Slovene administrative study programs and teachers’ habilitation areas, combined with the classification of researchers’ scientific achievements, carried out in order to establish the state of the art of administrative science, research and study programs are developing rather in the framework of administrative-legal science. Hence, as grounded by historical, comparative and empirical analyses of the present study programs, habilitation and research areas in Slovenia, critical assessment of their design and classification leads us to draw several conclusions. Primarily, law is not sufficient, although, simultaneously, in the CEE area it is an indispensable basis for the study of a law-determined public administration. Both mentioned imperatives should systematically be taken into account in future (supra-) national field classifications as well as in the planning and accreditation of study programs and research in the field.
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Тихомиров, Юрий, and YUriy Tikhomirov. "NEW EVALUATION MEASURES IN COMPARATIVE LAW." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16118.
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Comparative law develops in a fast-moving and grand-scale way. Accumulated conceptions, traditions and experience allow stepping forward from informational and comparative analysis to the use of new criteria that permit to measure the level of countries’ legal development. The article reviews modern trends in the development of the comparative law research — expansion of the scope of comparison objects, justification of the new classification of legal frameworks, possibilities of functional analysis of legal regulators, the role of international law in legal frameworks’ convergence etc. The author draws special attention to the problems of countries’ legal sovereignty under the conditions of globalization and integration of legal systems, legal frameworks and information exchange, law evolution. In addition the author argues in favor of the “Roving Legal Framework” development.
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Glanert, Simone, and Pierre Legrand. "Law, Comparatism, and Epistemic Governance: There Is Critique and Critique." German Law Journal 18, no. 3 (May 1, 2017): 701–20. http://dx.doi.org/10.1017/s2071832200022136.
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How many scholarly fields have experienced the disappointing fate of comparative law and continued in the grip of a demonstrably indigent epistemology for decades on end? After the early postmodernity witnessed their protracted servitude toLes Grands systèmes'sjejune classifications, facile correspondences, and meagre interpretive return — a predicament which, implausibly, endures in countries as diverse as Brazil, France, and Russia — law's comparatists began taking their epistemic orders from Hamburg and the Hamburgher diaspora. For fifty years or so, they have been gorged on a diet ofRechtsdogmatik, scientism, objectivity, neutrality, truth, and assorted shibboleths. As if these epistemic delusions were not problematic enough, the earlier, obsolete model was eventually revived although tweaked to focus on traditions instead of systems (or families). While critics were occasionally moved to chastise threadbare Hanseatic knowledge-claims — some expressing their concern in conspicuous venues, others harnessing prestigious institutional affiliations — comparative law's orthodoxy, somewhat extraordinarily, has hitherto been able to operate unencumbered by any epistemic challenge whose monographic exposition would have proved decidedly pre-eminent. It is the great merit of Gunter Frankenberg'sComparative Law As Critique, in crucial respects an account at once capital and extensive, that it interrupts, finally, the longstanding deployment of comparative law's mainstream imposture. Frankenberg's refutation is thus well worth restating, and the first part of this review wishes loyally to apply itself to this important representative task not least by affording the author much latitude to express himself in his own voice. Yet, Frankenberg's considerable critical integrity notwithstanding, this essay holds that his epistemic transgression remains too diffident. Specifically, five key concerns at least warranted more subversive epistemic commitments than Frankenberg allows. In the wake ofComparative Law As Critique, the second part of this commentary addresses these contentions with a view to making a case both for comparative law asstrongcritique and for the paradigmatic epistemic turn that has been persistently deferred within the field.
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Passaglia, Paolo. "The Italian Constitutional Court and the Use of Comparative Law: An Empirical Analysis." Italian Review of International and Comparative Law 2, no. 1 (September 30, 2022): 93–121. http://dx.doi.org/10.1163/27725650-02010005.
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Abstract The paper analyzes the use of comparative and foreign law by the Italian Constitutional Court. The author carries out an empirical study mainly with two purposes: measuring the impact of comparative law on the activity of the Court and classifying the functions of comparative law in the Court’s decision-making process. It is impossible to identify all the cases where the Court considers comparative law. Nevertheless, references to comparative or foreign law in rulings can be regarded as significant hints. The Court’s case-law between 2000 and 2021 is examined, and 74 rulings with comparative references are identified. This data is the starting point of the analysis, which shows the increasing use of comparative law by the Constitutional Court. Moreover, the classification of these references shows the growing importance that comparative law has in the Court’s legal reasoning.
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Makarov, Vladislav. "The Classification of Regulatory Sandboxes (Experimental Legal Regimes): Russian and Foreign Experience." Legal Concept, no. 3 (October 2021): 35–41. http://dx.doi.org/10.15688/lc.jvolsu.2021.3.6.
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Introduction: the institution of regulatory sandboxes, which is a financial and legal tool aimed at testing new technological solutions, which is not subject to restrictions of the current legal regulation, has been developed in almost all countries of the world, including the Russian Federation. At the same time, a theoretical and comparative legal study of a rapidly developing institution is required. In the paper, we study the types of regulatory sandboxes that are distinguished in world practice, as well as propose other classifications of experimental legal regimes. Purpose: based on Russian and foreign experience, to identify approaches to the regulation of digital innovations and the classification of experimental legal regimes (regulatory sandboxes) using various criteria. The research methodology is based on the application of methods of formal logic, system, and structural analysis, as well as the comparative law method, the methods of legal experiment, legal forecasting, and interpretation of legal norms. As a result of the conducted research, four main approaches to the regulation of digital innovations are described and adapted, as well as the classifications of regulatory sandboxes (experimental legal regimes) are identified. Conclusions: the main approaches to the regulation of innovations in international practice are observational, approbation, stimulating, and reformation. In turn, it is possible to classify regulatory sandboxes based on Russian and foreign experience by goals, by the territory of operation, by the subject of expertise, by the duration of testing, by the type of solutions promoted, by consumer protection measures, by the regulatory body, as well as by the scope of technology application.
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Van den bergh, Caroline. "Biochar and Waste Law: A Comparative Analysis." European Energy and Environmental Law Review 18, Issue 5 (October 1, 2009): 243–53. http://dx.doi.org/10.54648/eelr2009020.
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The UNCCD – a sister convention to the UNFCCC – submitted a proposal during the Climate Change Conference in Poznan in December 2008 to get biochar recognized as a climate change mitigation strategy for the post 2012 treaty to be negotiated in Copenhagen in December 2009. Biochar is a stable carbon-rich material which can store carbon for thousand of years in soils while increasing crop productivity. The IEA explicitly names biochar in its World Energy Outlook 2008 as a viable carbon-negative technology. This article gives an insight into this new climate change mitigation strategy and comparatively analyses whether biochar is waste in the EU and the US and whether the pyrolysis treatment, transportation and storage of biochar may be exempted from the significant ‘regulatory burden’ pending on the classification of waste.
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Nersesyants, Vladik S. "Comparative Law in the system of jurisprudence." Gosudarstvo i pravo, no. 2 (2022): 162. http://dx.doi.org/10.31857/s102694520018861-8.
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The article analyzes the general theoretical foundations of comparative law, characterizes the object, subject and methodology of this scientific discipline, as well as its structure, covering the general and special parts. The author shows the theoretical and methodological significance of philosophical-law research in the field of law understanding for the development of a comparative law theoretical concept and for a logically correct comparison of national law systems as different forms of manifestation of the same law essence. From this point of view there are analyzed three main types of law understanding, which determine the paradigm, principle and semantic model of law and the state modern research: legal-positivist, jusnaturalist and libertarian-juridical. Particular attention is paid to the libertarian-juridical type of law understanding developed by the author, from the standpoint of which law is interpreted as a positive law, expressing the essential law principle of formal equality, which is revealed through the trinity of an equal measure of regulation, freedom and justice. This approach makes it possible to supplement the existing classification of national law systems, which currently relies primarily on criteria of a legal-technical and ideological nature, by distinction these systems according to the level of their law development.
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KOZENKO, O. "Scientific approaches to defining the nature of terrorism." INFORMATION AND LAW, no. 4(51) (December 10, 2024): 95–103. https://doi.org/10.37750/2616-6798.2024.4(51).317924.
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The article is devoted to the study of the concept of ‘military terrorism’. The author analyses various approaches to the classification of modern terrorism, including in the context of the legal regime of martial law. The current state of our country is characterised by an increase in the number of terrorist acts on its territory, and this, in turn, is a serious problem and a reason for developing a new conceptual framework and approaches to combating a new type of terrorism. The research paper substantiates various classifications of terrorism and provides a comparative analysis thereof. The article also provides examples of international experience in combating terrorist acts, judicial practice and national legislation. Given the extraordinary diversity, linkage and intertwining of forms of terrorism and new threats, the classification of new types of such criminal phenomena is necessary to ensure the functioning of the national system of counter-terrorism in Ukraine. That is why, first of all, it is necessary to carry out a logical construction of the classification of the conceptual apparatus of terrorism in Ukraine in order to apply various methods of combating it in the future.
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Semyakina, A. V. "Property Rights to Land Plots in the Russian Federation and Great Britain: Dogmatic Approach against Pragmatism." Actual Problems of Russian Law 16, no. 7 (July 30, 2021): 179–91. http://dx.doi.org/10.17803/1994-1471.2021.128.7.179-191.
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Comparison of the phenomenon of property rights in two unrelated legal systems is an interesting task from the point of view of methodology. A simplifying factor is that English law in its origins was strongly influenced by Roman law, but developed apart from continental legal systems. As a result, using the same terminology in the field of property rights in the Russian Federation and Great Britain, different views have been formed on the nature of property rights to land plots. The paper analyzes the legal structures of real law in both countries and achieves the goal of clarifying the content of controversial terms and classifications existing in the real law of the Russian Federation; taking into account foreign experience the author determines the prospects for the development of domestic concepts of real and absolute rights. The admissibility of comparing property rights to land plots is predetermined by the use of similar legal techniques in both countries, as well as terminology borrowed from Roman law. The paper substantiates the thesis on the admissibility of using the analytical concept of law of W. N. Hochfeld as a comparative legal method of research. Fundamental differences in both legal systems will be in the idea of the object of property rights to land plots, the place of property rights in the classification of rights, in the structure and content of the corresponding legal relationship. Taking into account the analysis of the legal regulation of property rights to land plots in the two countries, theoretical provisions substantiate the conclusion about the need to preserve the idea of the absolute nature of property rights in domestic law.
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Haq, Islamul, M. Ali Rusdi Bedong, Abdul Syatar, and Muhammad Majdy Amiruddin. "Paraphilia Exhibitionism between Sharia and Law: A Comparative Analysis." Al-'Adl 14, no. 1 (January 27, 2021): 1. http://dx.doi.org/10.31332/aladl.v14i1.1925.
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Paraphilia exhibitionism is a form of sexual disorder and immoral offences. This study aims to compare the status of perpetrators of exhibitionism in positive law and Islamic law. This research is qualitative research that uses literature studies. The results showed similarities between Islamic law and positive law on the classification of exhibitionism as a crime. Islamic law and positive law are also similar in terms of ensnaring perpetrators of exhibitionism as someone who can be held accountable. The criminalization aspect of positive law includes exhibitionism as a complaint deliberation. While in Islamic criminal law categorizes the crime of exhibitionism as ordinary deliberation.
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Li, Yijia, and Wanyi Jin. "Proposals on prc’s company classification by the comparative method." SHS Web of Conferences 169 (2023): 01070. http://dx.doi.org/10.1051/shsconf/202316901070.
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With the constant development of companies in our country, we still classify companies exclusively on the ground of person cooperation or capital integrity since the promulgation of the PRC’s Company Law(CCL) in 1993. Classificatory standard like this lagged far behind and exposed many problems, which includes the loopholes in the corporation regulations, state-funded companies types are excluded in this standard, and always not conducive to the boosting domestic company competitiveness among the fierce international competition. By comparing experiences of other countries and judicial districts, this article discusses the improved approaches: Adopting the company classification standard based on shares publicly offered and transferred, making specific classified pathways of existing companies, which means revising the Company Law and the Securities Law jointly.
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Pratiwi, Putri Fransiska Purnama, Suprayitno Suprayitno, and Triyani Triyani. "Existence of Customary Law through Comparative Education between Dayak Ngaju Customary Law and National Law." Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 3, no. 2 (April 8, 2020): 712–17. http://dx.doi.org/10.33258/birci.v3i2.882.
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Resolving acts of adultery as the consequence of woman seducing a married man that sometime may lead to out of wedlock pregnany will not be sufficient to only be pursued through national legal channels in the point of view of the Dayak Ngaju tribe. National law regulates sanctions for adulterers/spouse poachers but does not consider the interests of legitimate wives who become the victims. This study aimed to educate the Dayak Ngaju tribe to have better knowledge regarding the local customary law and as a refinement material for the National Criminal Law.The research method used in this study was empirical research method conducted through interviews with damang and mantir adat in Palangka Raya City. The Dayak Ngaju Customary Law has distinct classification of adulterers. Therefore, all forms of actions committed by women who seduce other women's husbands are prohibited in Ngaju Dayak Customary Law. This is reinforced by different customary sanctions in each classification.The National Law has regulated the regulation regarding of homewreckers (husband poachers) in the latest Criminal Code Bill but does not formally regulate psychological recovery for wives who are the victims of infidelity.
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Otorova, A. T. "SOCIO-ECONOMIC PROBLEMS OF YOUTH IN THE KYRGYZ REPUBLIC AND WAYS TO SOLVE THEM." Vestnik Bishkek state university af K Karasaev 3, no. 69 (December 15, 2024): 165–70. https://doi.org/10.35254/bsu/2024.69.26.
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This article explores socio-economic issues faced by youth in the Kyrgyz Republic under the new "On Youth" law, which extends the age range from 14-28 to to 14-35 years. It presents a comparative analysis of youth age classifications in practice and examines educational indicators, noting increased numbers of students in secondary and higher education. Key issues included high unemployment, inadequate health attention, rising religiosity, migration trends, demographic factors, housing, professional development, social adaptation, and employment. Recommendations for state youth policy improvements include job creation, mortgage lending development, increased youth representation in political and government roles, and enhanced support for youth entrepreneurship.
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Lai, Savannah Y. T., Joseph H. K. Lai, Philip Y. L. Wong, Ben X. Y. Hu, Leona J. Zhang, and David Edwards. "Comparative Review of Lift Maintenance Regulations in Beijing, Hong Kong, and London." Buildings 14, no. 9 (September 10, 2024): 2862. http://dx.doi.org/10.3390/buildings14092862.
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Lifts, or elevators, are transportation facilities that are indispensable for countless end users in high-rise buildings. They require proper maintenance to ensure safe operation. In addition to technological applications, effective management and legislative controls play a crucial role in ensuring lift safety. Given the limited understanding of an optimal regulatory model for governing lift maintenance, a cross-discipline comparative study was conducted to examine lift maintenance regulations in regions with different legal systems. Following a systematic and comparative review approach, this study focused on regulatory controls across civil and common law jurisdictions, specifically Beijing, Hong Kong, and London. Relevant statutes and publications were searched from engineering, law and management databases, which included Scopus, JSTOR, Lexis+, Lexis China, Lexis Advance Hong Kong, and Westlaw Asia. Through scrutinizing the retrieved documents, key features of the regulations were identified and compared in terms of lift classifications, types and frequencies of mandatory maintenance works, qualifications for authorized parties, and legal liabilities for non-compliance. Validated by industry experts, the results reveal both similarities and differences in the regulations among the three jurisdictions. While these findings serve as valuable references for policymakers in formulating optimal legislative controls to enhance lift safety in the future, further research could expand the scope of this study to examine the regulations in other regions and investigate the effectiveness of existing statutory controls on lift maintenance.
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Минникес, Ирина, and Irina Minnikes. "Sources (forms) of law: comparative and histor ical analysis." Comparative Research In Law and Politics 2, no. 1 (June 15, 2014): 43–47. http://dx.doi.org/10.12737/5074.
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The article examines a wide range of sources of law of different law families on the different stages of development of law and state. Several types of classification of law sources are found - by value and role of the source in law system, by its external appearance, by order of enactment and registration of the change in its content. By the role in law system several gradations of sources are discovered: main and additional, dominant and auxiliary. By appearance sources can be divided to written and unwritten, formal and informal, structured and unstructured. By order of enactment and registration of the changes sources can be divided to consensus, unilateral and sanctioned, sole, collegial and mixed, as well as flexible and rigid.
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Dietrich, Joachim. "Classifying precontractual liability: a comparative analysis." Legal Studies 21, no. 2 (June 2001): 153–91. http://dx.doi.org/10.1111/j.1748-121x.2001.tb00570.x.
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The common law has solved questions of liability arising in the context of precontractual negotiations by resort to a range of different doctrines and approaches, adopting in effect ‘piecemeal’ solutions to questions of precontractual liability. Consequently, debate has arisen as to how best to classify or categorise claims for precontractual work and as to which doctrines are best suited to solving problems arising from anticipated contracts. The purpose of this article is to consider this question of how best to classify (cases of) precontractual liability. The initial focus will be on the ongoing debate as to whether principles of contract law or principles of unjust enrichment can better solve problems of precontractual liability. I will be suggesting that unjust enrichment theory offers little by way of explanation of cases of precontractual liability and, indeed, draws on principles of contract law in determining questions of liability for precontractual services rendered, though it does so by formulating those principles under different guises. Irrespective, however, of the doctrines utilised by the common law to impose liability, it is possible to identify a number of common elements unifying all cases of precontractual liability. In identifying such common elements of liability, it is necessary to draw on principles of both contract and tort law. How, then, should cases of precontractual liability best be classified? A consideration of the issue of classification of precontractual liability from a perspective of German civil law will demonstrate that a better understanding of cases of precontractual liability will be gained by classifying such cases as lying between the existing categories of contract and tort.
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Kozhevnikov, Vladimir V. "About the legal system of Scotland." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 44 (2022): 127–41. http://dx.doi.org/10.17223/22253513/44/11.
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This research paper analyses the Scottish legal system, which both legal theory and comparative jurisprudence often treat very superficially. It is usually just an observation that the Scottish legal system is not subordinate to English law. The paper describes the history of formation and development of the Scottish legal system, drawing attention to the French legal orientation on the one hand and to the strengthening of the common law tradition on the other. The paper also highlights the Scottish legal system, the criminal court system, the criminal procedure, the civil court system and the lower courts as being significantly different from English law for historical reasons. The paper describes the legal sources of law - case law and legislation, as well as certain branches of law. Emphasising that the Scottish legal system is part of a mixed (hybrid) legal family as a result of state-legal integration and convergence of legal systems, the latter must be distinguished from a mixed (pluralistic) legal family which combines elements of the common law legal family with elements of the Romano-Germanic legal family as well as with institutions of traditional and religious legal systems. In conclusion, it is emphasised that, firstly, the actualisation of mixed legal systems is largely linked to globalisation; secondly, it is argued that mixed legal families should be taken into account in their classifications. The author declares no conflicts of interests.
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Dyppel, Katja Joo, and Jakob Bundgaard. "Profit-Participating Loans in International Tax Law." Intertax 38, Issue 12 (December 1, 2010): 643–62. http://dx.doi.org/10.54648/taxi2010069.
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The article analyses the tax classification and tax treatment of profit participating loans (PPL) in international tax law. In order to analyse the tax aspects of PPL, the commercial and economic background is provided. Following this, a comparative overview of the tax law classification in the United States and Germany and an in-depth analysis of the tax classification and treatment in Danish law are provided. Next, the article analyses whether payments under PPL fall under the scope of the EU corporate tax directives and also considers the income tax treaty protection of payments under PPL.
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Daniels, Ton. "INTERNATIONAL PARTNERSHIPS: COMPARATIVE LAW REMARKS ON THE CLASSIFICATION OF FOREIGN ENTITIES." Tilburg Law Review 1, no. 1 (January 1, 1991): 39–74. http://dx.doi.org/10.1163/221125991x00062.
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Kizilov, A. N., and O. V. Ovcharenko. "Peculiarities of Ordering and Conducting Forensic Accounting Expertise." Accounting. Analysis. Auditing 5, no. 5 (December 28, 2018): 54–63. http://dx.doi.org/10.26794/2408-9303-2018-5-5-54-63.
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The subject of the research is the process of ordering and conducting forensic accounting expertise taking into account the necessity of scientific basis for classification of forensic accounting expertise types. The increased requirements to detection of economic crimes necessitate the development of existing approaches to cooperation among all participants of forensic accounting expertise. The purpose of the research is to make a comparative analysis of classifications of forensic accounting expertise conducted in expert divisions of different law enforcement institutions focusing on delineation of tasks that an expert solves by expertizing. The authors analyze the requirements of laws and regulations on expertise activity, study the structure of forensic accounting expert institutions of the Ministry of Justice of the Russian Federation and make a comparative analysis of types of forensic accounting expertise conducted in expert divisions of the Ministry of Justice of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation. They single out the similarities and differences in the approaches to classification of types of forensic accounting expertise which are used by the law enforcement institutions to order and conduct expertise. The reform of federal executive power bodies transferred the functions of expert support of tax criminal cases to internal affairs agencies which resulted in its factual merger with accounting direction of forensic expert divisions of internal affairs agencies. Offence-related expert tasks can conditionally be divided into two blocks: • The first block — checking if recording transaction in accounts complies with legal requirements; • The second block — calculating indicators characterizing the factual circumstances of financial and economic activity which are of interest for investigators. Recently in criminal proceedings the term “distortion” has been gradually replaced by “compliance” (or incompliance) of recording facts of financial and economic activity with the legal requirements. Better scientific foundation, accuracy and a holistic approach to organizing, classifying and conducting forensic accounting expertise will create optimal conditions to uncover economic offences.
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Jamal, Arif A. "Comparative Law, Anti-essentialism and Intersectionality: Reflections from Southeast Asia in Search of an Elusive Balance." Asian Journal of Comparative Law 9 (January 1, 2014): 197–211. http://dx.doi.org/10.1017/s2194607800000971.
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AbstractThis paper explores the paradox of diversity and similarity within legal “traditions”. More particularly, in looking especially at comparative law scholarship on Southeast Asia, it asks if there are any lessons that comparative law theory can learn about how to account for commonality and difference in large and diverse contexts from the perspectives of intersectionality and anti-essentialism that have been developed in feminist scholarship. The paper concludes that feminist scholarship does not resolve the paradox that comparative legal study makes evident but that it does make us better realise the importance of open-textured “narratives of affinity” and “contingent classification” in legal contexts.
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Panichkin, Vyacheslav. "Culture, History, and Inheritance Law: a Comparative Legal Analysis." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2023, no. 1 (January 27, 2023): 119–24. http://dx.doi.org/10.21603/2542-1840-2023-7-1-119-124.
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Inheritance is the most conservative sub-branch of civil law. As a result, it reflects the cultural and historical type of the society and is very conservative. In fact, it contains a lot of archaic norms that express out-of-date social relations. However, inheritance law is extremely reluctant to get rid of these legal anachronisms, probably, because their rigorism reflects the national identity of the people. The present research used the civilizational classification of legal systems developed by N. Ya. Danilevsky and applied it to the inheritance law as the most conservative sub-branch of civil law. After comparing Russian and Anglo-American inheritance laws, the author proved that each state adheres to its cultural and historical type by preserving some archaic institutions. These institutions lost their social relevance long ago but survived as a formal reflection of a once-relevant rigorous moral code. Some legal anachronisms persisted for so long that, having outlived their time, they suddenly acquired a new meaning in completely new circumstances.
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Branowicki, Wiktor. "TYPES OF ADMINISTRATIVE-LAW RELATIONS IN THE SPHERE OF REALIZATION CITIZENS’ RIGHT TO USE NATURAL OBJECTS OF THE OWNERSHIP RIGHT OF THE PEOPLE OF UKRAINE." Administrative law and process, no. 2(37) (2022): 21–34. http://dx.doi.org/10.17721/2227-796x.2022.2.02.
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Purpose. The purpose of the article is to determine the types of administrative and legal relations in the sphere of exercise of the right to use natural objects of property rights of the Ukrainian people. Methods. The research methodology consists of general and special methods of scientific knowledge, including system, system and structural, classification, comparative and legal, analysis and synthesis, deduction and induction, and others. Results. The first section of the article examines scientific approaches to the classification of administrative and legal relations as a general category proposed by Ukrainian scientists today. Conclusions are made about the expediency of using criteria for the subject composition of relations and functions of public administration. The second section of the article reveals the main approaches to differentiation of administrative and legal relations recognized by the German doctrine of administrative law. The author’s point of view on the possibility of using the criterion of the origin of administrative and legal relations is given. The third section of the article sets forth the author’s vision of classification of administrative and legal relations that arise in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people. Conclusions. The conclusions summarize that administrative and legal relations in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people, as a type of administrative and legal relations as a more general category, can be classified by various criteria that are highlighted in scientific sources. However, as the study showed, not all of the approaches covered in the professional literature on administrative law are appropriate and correct. In particular, certain points of view regarding the classifications by criteria of protection methods and functions performed by subjects of public administration call for comments. At the same time, the study of scientific views on the outlined issue, which are justified in domestic and German scientific works, allowed us to conclude about the possibility of not being limited by existing classifications and formulating our own criteria and vision of differentiation of administrative and legal relations in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people. In this regard, several basic ways of classifying these relations are proposed, in particular, by criteria of natural objects, functions of public administration and purpose of legal relations, the choice of which is due to the need to effectively reveal the main features of these relations in compliance with the logic and rules of classification. The obtained study results can serve as a basis for further scientific developments on the outlined issues.
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Dolinskaya, V. V., and S. A. Muratova. "Problems of subjects and legal personality in family law." Courier of Kutafin Moscow State Law University (MSAL)), no. 5 (August 11, 2023): 58–67. http://dx.doi.org/10.17803/2311-5998.2023.105.5.058-067.
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In family legislation, unlike civil legislation, the subjects of legal relations are not directly named. In addition to the disparity of norms concerning subjects of family legal relations, the mobility of the composition of such persons, due to the evolution of society and law, is a problem. A comparative analysis of the norms of law and doctrinal positions is carried out, as a result of which various classifications of subjects of family legal relations are identified, the inclusion of organizations and public legal entities, the family as a quasi-legal entity, is justified. As a result of the introduction of the institution of the foster family, new special subjects of family legal relations appeared — foster children and foster parents. In connection with the development of assisted reproductive technologies, the issue of qualification of potential parents, sperm donor and surrogate mother as subjects of family legal relations has been raised. There is a problem of legal qualification of the embryo. The problems associated with the legal personality of participants in family legal relations are revealed: the mixing of marital and family legal personality, the absence of separate norms on family legal capacity and legal capacity, etc. It is proved that the scope of family legal personality varies depending on age, a number of other legal facts, including other sectoral nature; it is associated with the goal-setting of the exercise of rights and performance of duties.
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Lepish, N., and A. Hryshchuk. "Electronic document circulation: private law and public law aspects." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 353–57. http://dx.doi.org/10.24144/2788-6018.2023.01.58.
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The article examines electronic document circulation from the standpoint of private law and public law aspects of legal regulation. A comprehensive analysis of legislative acts of Ukraine in the field of public administration and civil legal relations regarding the regulation of electronic document circulation, identification of key points affecting decision-making in the field of documentation management, carried out using a systematic approach and the method of comparative analysis, historical and comparative methods. Justification of the classification of the regulation of the organization of document circulation regarding the interaction of various subjects with state authorities as objects of law requiring special legal regulation. Attention drawn to the direct interrelationship of legal and technological procedures of documentation, production and protection of documents. The basis for recognizing the legal force and significance of a document is the implementation of technological and legal procedures for documenting information and producing documents. Based on the comprehensive analysis of legislative and regulatory documents, scientific research, on the materials obtained during the study of the functioning of electronic document circulation, distinctive features were formulated that are included in the complex documentary and archival functional requirements for information systems that automate document circulation and take into account the possibility of creating and maintaining multiple document movement schemes in order to ensure the corporate flow of documents, the need to integrate electronic document management systems with other information systems, the possibility of using technological solutions to optimize document management processes, increase the efficiency of information transmission, and eliminate errors during document processing. It indicated that the modular integration model of electronic document circulation in the authorities provides for the possibility of technological connection of a certain number of modules to increase the functionality of the system. An enterprise focusing on digitization should implement electronic document management.
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Сидоренко, Элина, and Elina Sidorenko. "Administrative Prejudice in Criminal Law: Law Enforcement Problems." Journal of Russian Law 4, no. 6 (May 30, 2016): 0. http://dx.doi.org/10.12737/19772.
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The author analyzes the problem of inclusion in the Russian criminal law of the institute of administrative prejudice. The paper comprises three blocks: assessment of the need to introduce rules on prejudice in the Criminal Code; the timing of bringing persons to administrative responsibility and consideration of private issues of classification of individual components. The aim of the study is to develop scientifically based and up-to-date recommendations for the application of criminal law to administrative prejudice. The author achieves the goal through solving specific problems associated with the beginning of the expiration of the period of limitation for bringing persons to administrative responsibility, revealing differences in understanding by administrative and criminal legal institutions of the concepts of duplicity and recurrence and others. The author proposes the solution of these problems through the use of privatescientific methods of analysis: comparative legal, formal-legal methods, content analysis, and others. The study of court decisions and doctrinal positions on the classification of acts containing administrative prejudice has allowed the author to formulate a number of conclusions regarding the inconsistency of legislative structures of some articles of the Criminal Code. In particular, the use of different approaches to determining the time for bringing a person to administrative responsibility, the absence in Art. 154 and Art. 180 of the Criminal Code of indication on the prejudicial character of the rules etc draw objections. The author pays particular attention to assessing the recurrence of administrative offences and transition of this concept to criminal law relations.
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Zaiets, Anatolii, and Zoya Pohoryelova. "Regulatory activities of the government of ukraine during marital status conditions." Cuestiones Políticas 41, no. 78 (August 28, 2023): 541–53. http://dx.doi.org/10.46398/cuestpol.4178.37.
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The peculiarities of the exercise of powers and the procedure for the implementation of regulatory activities of the Government of Ukraine under the conditions of martial law from February 24, 2022 are examined. This research was conducted through the classification of types of special legal regimes and current legislation on martial law in Ukraine, the requirements of the Constitution of Ukraine and the experience of introducing martial law in general, along with the analysis of the subject powers and the decisions made by them in the humanitarian, socio-economic and defense sphere. In addition, selected problematic issues granting legislative powers to the government are indicated. Axiological, analytical, historical-comparative, comparative-historical, comparative-legal, hermeneutical and formal-legal methods were used to achieve the research objectives. It is concluded that, despite the conditions of martial law, the government powers meet the requirements of the current Constitution of Ukraine. A significant simplification of the order of its normative activities requires the existence of appropriate mechanisms for their fulfillment. With the principles of the rule of law and the protection of human rights in these conditions.
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Aliya Sandra Dewi, Dian Fitriana, and Elvira. "PENERAPAN HUKUM WARIS PERDATA DI INDONESIA." Juris 8, no. 1 (June 16, 2024): 105–12. http://dx.doi.org/10.56301/juris.v8i1.1242.
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All forms of inheritance, whether in the form of cash, land for rice fields owned by a person are called inheritance. Given to heirs openly or known to the wrong family, there is usually a will when receiving an inheritance with a message from the person giving the inheritance. Not all heirs have full rights to the inheritance, but there is a responsibility to maintain and develop the inheritance obtained according to the testator's wishes. Inheritance is a legacy of assets to heirs. There are three (3) types of application of inheritance law in Indonesia, namely Civil Inheritance Law, Islamic Inheritance Law, and Customary Inheritance Law. In this article the author focuses on the application of civil inheritance law in Indonesia. The method used is normative juridical research, namely a doctrinal method to study the application of rules or norms in positive law. With several approaches, the first is the Legislative Approach. Second, historical approach, third, comparative approach. The results of this discussion provide knowledge to the public that civil inheritance law recognizes 3 (three) principles, namely first, the individual principle (personal principle) where the heir is an individual, secondly the bilateral principle, namely that a person not only inherits from the father but also vice versa. mother, as well as brothers inheriting from their brothers and sisters, the third principle is the principle of degree, meaning that the heir whose rank is close to the heir covers the heir who is further away in rank, so to simplify the calculations, classifications are made heir.
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Miroshnichenko, N. V., and V. Yu Maksimov. "The concept of crime and the classification of crimes in the criminal law of foreign countries." Гуманитарные и юридические исследования 10, no. 3 (2023): 466–72. http://dx.doi.org/10.37493/2409-1030.2023.3.14.
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Introduction. The legal, in particular, the criminal law direction of the comparative method application in science is currently an actively developing teaching in the system of domestic criminal law science. Because of this, and in the light of the fundamental shifts in world politics taking place in recent years, entailing corresponding changes in the system of international law, scientific research in the direction chosen by the authors is being updated. Materials and methods. The research is of a subject-scientific nature and is carried out, in general, on the basis of the study of the criminal legislation of foreign countries, which constitute the main scientific interest of the authors. The work was carried out taking into account the opinions of leading modern Russian scientists-specialists in the field of criminal law comparative studies. Analysis. The article studies the issues related to the definition in the criminal law of foreign countries of one of the basic concepts of criminal law doctrine – the concept of crime, as well as a number of emerging scientific problems. The complexity of the comparative legal study of this concept is aggravated by the absence of its legislative definition in a number of legal systems of modernity. To overcome this problem, the paper analyzes the concept of a criminal act characterized by signs of illegality (illegality), harmfulness (public danger), culpability and punishability. At the same time, the authors pay special attention to the issue of criminalization of criminal inaction. The historical and legal analysis of the attribute of causal relationship related to the act has been carried out. The article concludes with a study of doctrinal and legislative experience in the field of classification of crimes, as well as the practical significance of this issue for decision-making in the field of criminal legal assessment of committed acts. Results. The analysis allows the authors to formulate a number of reasonable and noteworthy conclusions of a comparative nature.
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Dewi Kasih, Desak Putu, Made Suksma Prijandhini Devi Salain, Kadek Agus Sudiarawan, Putri Triari Dwijayanthi, Dewa Ayu Dian Sawitri, and Alvyn Chaisar Perwira Nanggala Pratama. "Classification of Industrial Relations Disputes Settlement in Indonesia: Is it Necessary?" Hasanuddin Law Review 8, no. 1 (April 17, 2022): 79. http://dx.doi.org/10.20956/halrev.v8i1.3502.
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This study aimed to examine the effect of the disputes classification in the industrial settlement system, comparing arrangements according to the perspective of the International Labor Organization, China, Japan, and Kazakhstan, and trying to find the ideal concept of the type of industrial dispute to apply in Indonesia. This research is normative legal research. The approaches used in this study were the statutory approach, conceptual approach, fact approach, and comparative approach. The results revealed that the classification of disputes in the industrial relations settlement system in Indonesia has an impact on the difficulty of the parties in classifying their disputes. Comparative studies were conducted to determine the classification of disputes in international law as well as in China, Japan, and Kazakhstan. The ideal concept that can be offered to Indonesia is the simplification or elimination of the classification of industrial relations to provide dispute resolution by applying the principles of fast, precise, fair, and inexpensive methods.
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Ostrikova, L. K. "Institution of Liability arising due to Causing Harm: Current State and Ways of Improvement." Actual Problems of Russian Law, no. 10 (November 9, 2019): 68–78. http://dx.doi.org/10.17803/1994-1471.2019.107.10.068-078.
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The article is devoted to the institution of obligations arising due to causing harm in the light of the reform of civil legislation and established law enforcement practice. On the basis of the effective legislation analysis, analysis of the doctrine and jurisprudence, the author explores the concept of harm. The paper provides for the classification of characteristic cases of causing harm to participants of relations regulated under civil law. It is concluded that the absence of the legal definition of the concept “harm” widely used in the Russian legislation has led to the confusion of the legal categories of “causing harm” and “causing losses” as grounds for tort liability in public sectors of legislation and jurisprudence. The paper contains the author’s classifications of types of harm caused to property. The article reveals the content of the concept of non-property (reputational) harm caused to a legal entity. A comparative study of the concepts of “harm,” “damages,” “losses” has been carried out. It is concluded that tort liability can be imposed if harm rather than losses has been caused. The author explores the issues of application of recovery if losses are caused. The author analyzes the subinstitution — obligations arising due to harm caused by acts of public authority — in the field of public administration and law enforcement. The paper examines conditions for imposing tort liability for harm caused by state bodies and local self-government bodies, as well as their officials, and features of the subject composition of tort obligations. The author draws attention to the civil law nature of legal relations arising as a result of causing harm in the field of criminal proceedings, focuses on features of tort liability for harm caused in the field of criminal proceedings and subject composition of tort liability for causing harm in the field of governmental power. The author proposes to introduce into the effective civil legislation the rule containing the definition of the concept of harm as a generic concept. It is proposed to supplement the institution of liability arising as the result of causing harm with provisions regarding a public law entity whose property may be damaged and the classification of the harm caused to the participants of legal relation regulated under civil law. It is proposed to make a number of changes and additions to the subinstitution — obligations arising as the result of harm caused by the acts of public authority.
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Bundgaard, Jakob. "Debt-flavoured Equity Instruments in International Tax Law." Intertax 42, Issue 6/7 (June 1, 2014): 416–26. http://dx.doi.org/10.54648/taxi2014040.
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Debt and equity can be structured to resemble one another through hybrid financial instruments. In this contribution the emphasis is on the tax issues related to debt-flavoured equity instruments in international tax law. This most important example of such instruments is preference shares. The article introduces the financial construction of preference shares and presents the rationale behind the existence hereof. As the main contribution the article presents an analysis of the international tax law aspects of preference shares, which includes a comparative overview, emphasizing the domestic tax classification and treatment in the United States, Germany, and Denmark. Moreover, the classification and treatment according to EU tax directives and double tax treaties is presented.
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Fogelson, Yury, and Dmitry Poldnikov. "The Social History of Law as a Factor of the Rule of Law." osteuropa recht 67, no. 2 (2021): 172–201. http://dx.doi.org/10.5771/0030-6444-2021-2-172.
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The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question must be answered through the social history of the law in Western and non-Western societies from a comparative perspective. This paper outlines the main features of comparative socio-legal history and tests it on some significant historical examples. In the first part of the article, the authors propose a functional classification of legal systems into three ideal Weberian types-the law of judges, learned law, and the law of the authorities. It allows us to consider the origin of the social norm of the rule of law. In the second part of the article, the authors trace the transition from the ideal types to natural legal systems and identify the factors that determine the stability of the social norm of the rule of law where it originated. In the final part of the article, the authors conclude that, first, the social norm of the rule of law emerged in the societies where the law had been treated either as a means of resolving disputes (the law of judges) or as the rules of fair, correct conduct (learned law), for example, the Roman Republic, medieval England, continental Europe, and the Ottoman Empire. Secondly, the stability of the social norm of the rule of law seems to be explained by a "triangle" of factors, namely: 1) political competition where all participants understand the inevitability of compromise on the basis of the law, 2) law which is suitable for finding a compromise due to its internal merits, 3) a professional community of jurists who develop and apply law independently of the administration. Such a triangle is possible in any society where the law of judges or learned law prevails and where the majority of participants in the political process are ready to compromise based on the current law. / JEL Classification: K 10; K 11; K 12
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Briggs, Chris. "Lockout Law in a Comparative Perspective: Corporatism, Pluralism and Neo-Liberalism." International Journal of Comparative Labour Law and Industrial Relations 21, Issue 3 (September 1, 2005): 481–502. http://dx.doi.org/10.54648/ijcl2005022.
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Abstract: The object of this paper is to develop a classification of national legal systems and institutional practices in relation to lockouts. Three primary systems regulating the use of lockouts currently have been used in advanced market economies. First, lockouts are sometimes subject to a blanket prohibition (Southern European Corporatism). Secondly, most OECD nations limit lockouts to exceptional circumstances in which employers are considered to suffer from an imbalance of bargaining power so as to balance a right to lockout with other legal principles such as the right to strike and freedom of association (Pluralism). Thirdly, whereas most OECD nations limit lockouts to ?equalising? collective bargaining power, contemporary reforms in the Antipodes allow lockouts to be directed at unorganised workers and used to reconfigure power relations by decollectivising bargaining (Neo-Liberalism).
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Alpa, Guido. "Il diritto giurisprudenziale e il diritto "vivente". Convergenza o affinitŕ dei sistemi giuridici?" SOCIOLOGIA DEL DIRITTO, no. 3 (February 2009): 47–81. http://dx.doi.org/10.3280/sd2008-003002.
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- One of the many criteria used to classify legal systems in the course of the history of comparative law is that of "legal sources". On the basis of this criterion of classification, systems in which legislative sources prevail are distinguished from spontaneous sources so the law as enacted by the legislator from the law as consolidated by means of customs, systems in which law is written from those in which the law is the result of practice, systems in which written law is codified from those based on law created by judges. Although they consider these classifications to be abstract, approximate and merely indicative, lawyers end up giving them credit, preferring to simplify paradigms rather than consign tradition to the past. However, there is a widespread belief nowadays that, while legal systems have their roots in different historical, cultural and interpretative experiences, they are tending to grow ever closer and converge, at least in Europe, as a result of European Union law, and in the Western world as a whole, as a result of market requirements and so of the rules dictated by the globalisation of economic relations. The natural tendency of legal systems to cater for requirements of rationalism and pragmatism also favour this process. As a result of a thorough revision of the categories inherited from tradition, among other things, it is no longer feasible to portray the Western world's systems as in antithesis, but more as in affinity, as they are "mixed" in nature: all of them actually feature both written and unwritten sources and all of them have variable structures, as written sources have prevailed at one time in history and unwritten sources at another time. Of course there are differences between the ways in which the administration of justice, the structure of the courts, the process of forming and interpreting the law and the application of the criteria of interpretation are organised, but these divergences have ultimately been substantially attenuated in the course of recent decades. Building on the emergence of jurisprudence, in the form of case law, on its configuration as a source of law and on the accreditation of the concept of "living law", as the law that is actually applied by its interpreter, sometimes in creative ways, as well as the affirmation of professional codes of conduct and self-discipline, the Italian system now takes the form of a "mixed" and "elastic" system that, it may be argued, even verges on the "mild".
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Schwartz, Elisheva. "Library of Congress Islamic and Jewish Law Classification Schedule." International Journal of Legal Information 29, no. 2 (2001): 497–500. http://dx.doi.org/10.1017/s0731126500009562.
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Islamic and Jewish law has, for years, been the orphan of the Library of Congress classification scheme. Left without a place of its own it has been either shoehorned into the religion schedules, or set aside in homegrown organizational schemes. In either case access to these materials was often compromised, and retrieval difficult.Fortunately, LC, in its work on the law schedules, has finally been able to generate draft versions of KBM–Jewish Law, and KBP–Islamic Law. We are fortunate that someone of Jolande Goldberg's prodigious talent and incredible energy was assigned the task of developing both of these schedules. She has overcome numerous roadblocks, and found consensus where there seemed to be none. The new schedules, as you will see, are both elegant structures in themselves, as well as constructed in such a way as to be a powerful tool for comparative research.
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Fayyad, Mahmoud. "Classification of Contractual Agreements in Comparative and Islamic Jurisdictions: Does it Make Any Sense?" Arab Law Quarterly 27, no. 3 (2013): 203–29. http://dx.doi.org/10.1163/15730255-12341256.
Full textAbstract:
Abstract Comparative legal systems differ in the organization of the manifestation of parties’ expressions when making legal transactions where an external action does not reflect the real intention of this party. Most jurisdictions, including Islamic law, follow the objective theory of agreements while the Conterminal legal system adopts the subjective approach. Despite the fact that many scholars spent much efforts to clarify this classification, the importance of this classification may be modest; these legal systems organize some basic doctrines, with regard to the formation of a contract (namely: the revocability of offer, the need for communication of acceptance and the rules of interoperation), in a manner that may contradict with its general theory of making agreement. In other words, the organization of these doctrines has very little significant differences in result between these legal systems. Islamic law has the same result as well. This article aims at explaining these doctrines and differences.
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Kuznetsova, Natalia. "Global problems of modernity: concept, essence and classification." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, no. 2 (June 29, 2023): 140–47. http://dx.doi.org/10.35750/2071-8284-2023-2-140-147.
Full textAbstract:
Introduction. Domestic criminology practically does not pay attention to the global problems of our time. At the same time, these unresolved problems give rise to a number of extremely negative consequences that are important for the life of society. These are environmental degradation, famine, food shortages, lack of irrigation and drinking water, reduction of biological diversity, climate change, ecological
migration, an increase in the incidence of disease and premature death of people, mass genetic deviations, social tensions, an increase in crime, armed conflicts over possession of natural resources. The need to counter the identified threats and consequences necessitates their study and thorough criminal, political and criminological comprehension, as well as the prediction of potential threats and development of adequate countermeasures.
Goal setting. The global problems of our time pose danger to the entire world community, since the uncontrolled, often criminal human induced impact on the environment causes such harm to all living things that it threatens the existence of the current civilization. Objective. Research of concept, essence, dynamics of global problems of the present and development of their classification. Methodology. The methodology of the work is based on the application of general scientific methods (including comparison and analysis). The work used special methods of science – comparative legal and formal legal, logical, historical. Results. The paper provides a comparative analysis of the concepts and classifications of global problems of our time, reveals the essence of the indicated phenomenon, suggests the author’s concept and criteria for classifying problems as «global», defines and separates global environmental threats to environmental safety. The author comes to the conclusion that such a global problem of modernity as consistent degradation of law, which is the most important regulator of social relations and the greatest achievement of civilization, is clearly underestimated and has not received criminological analysis.