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1
Matulewska, Aleksandra. "Semantic Relations between Legal Terms. A Case Study of the Intralingual Relation of Synonymy." Studies in Logic, Grammar and Rhetoric 45, no. 1 (June 1, 2016): 161–74. http://dx.doi.org/10.1515/slgr-2016-0022.
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Abstract The author intends to present a possibility of parametrising legal terminology in order to reveal semantic and systemic relations at the intralingual and interlingual levels. The scope of the research comprises selected legal terminology from the following legal systems: Polish, British, American and European Union. The research methods used include: (i) the analysis of comparable texts, (ii) the method of parametrisation of the legal linguistic reality, (iii) the concept of adjusting translation to the communicative needs and requirements of the recipient community. The research hypothesis is that parametrisation of legal terminology in respect of semantic and systemic relations may be a useful tool in organising and comparing terminology for the purpose of legal translation. First the relation of synonymy binding terms at the intralingual and interlingual levels in the light of systemic and genre-related relations is discussed. The proposal is illustrated with examples of legal terms and the networks of relations binding them in English and Polish. The conclusions are that such an approach is systematic and provides a translator with information necessary to render communicatively efficient translations.
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DERGACHOV, Viktor S., Valentyna A. VASYLYEVA, Ali KABAHA, Alexandr A. GRIBINCEA, and Denys L. KOVACH. "Structuring Relations in Civil Law after the Termination of Relations between Subjects." Journal of Advanced Research in Law and Economics 11, no. 1 (March 31, 2020): 237. http://dx.doi.org/10.14505//jarle.v11.1(47).28.
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The relevance of structuring relations in the field of civil law is determined by the forms of interaction between the subjects that were the initiators of the termination of legal relations. In this regard, the issues of maintaining relations, which could be continued in the future, are regulated on the basis of other contractual relations. With that, the works of legal scholars do not always provide sufficient grounds to propose points of fixation of the termination of relations. In this regard, the establishment of the meaning of legal facts for the formation of high-quality relationships between legal subjects after the termination of interaction remains very relevant. The novelty of the study is determined by the fact that for the first time the aspects of creating and consolidating forms that would ensure sustainable development and minimize conflicts after termination of contractual relations are considered in civil law. The authors of the paper analyze the current legislative provisions and determine the direction of its development in the context of globalization. The article explores the theoretical construct of these relations and provides an analysis of civil legislation as applied to industry standards of economic legislation. The practical significance of the study is determined by the fact that the application of the developed provisions will facilitate the harmonization of national legislations in the formation of bloc legal systems.
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Chuklova, Elena Valerievna. "The Relations Between the Institution of Procedural Responsibility, Legal Relationships and Legal Practice." Юридические исследования, no. 10 (October 2019): 73–85. http://dx.doi.org/10.25136/2409-7136.2019.10.30890.
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The subject of this research is the institution of procedural responsibility and its relations with legal relationships and legal practice. In her research Chuklova defines genetic, coordination, subordination and functional relations. According to the author, implementation of procedural responsibility provisions creates both material and procedural legal relations. The author demonstrates that the institution of procedural responsibility either relates to legal relationships at the functional genetic level disregarding the definition of a particular legal relationship or acts as a result of legal regulation or means of regulation. There should be legal grounds for creating such an institution, too. The institution of procedural responsibility creates conditions for discovering the truth in criminal, civil or administrative cases, thus demonstrating subordination relations. The research is based on general and special research methods such as comparative law, formal law analysis, functional and systems approaches, etc. As a result of the research, the author concludes that judicial practice is a coordination link between procedural form and material law, however, many court decisions demonstrate a negative tendency in implementation of the procedural responsibility provisions when there is a total substitution of one term with the other. For example, contempt of court includes such actions as numerous continuous disqualifications, non-submission of documents, failure to appear in court, non-compliance with court orders, negative remarks about a judge's professional or personal qualities. The article is funded by The Russian Foundation for Basic Research, project No. 19-011-00103 А 'Legal Responsibility in Russia's Legal System: the Concept of Interaction, Interconnection and Elimination of Contradictions with Other Elements of Legal System'.
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Vasyliev, Sergii, Philip Epryntsev, and Tetiana Rekunenko. "LEGAL GLOBALISATION AND ECONOMIC SYSTEMS." Baltic Journal of Economic Studies 9, no. 4 (November 17, 2023): 50–57. http://dx.doi.org/10.30525/2256-0742/2023-9-4-50-57.
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The objective content of globalisation is made up of processes that are heterogeneous in their origins, mechanisms and consequences, which makes it possible to consider globalisation as a complex system of phenomena and relations that is internally quite contradictory. This status of globalisation processes gives rise to a wide variety of concepts and theories of the origin and development of globalisation, among which a separate group studies globalisation in the field of economics and law. The article examines the main theories and concepts of the globalisation process and, on the basis of these, formulates general trends and guidelines for the development of the national legal and economic system. The author presents the main modern scientific positions on the nature and content of globalisation in the field of economics and law, which have made it possible to highlight its characteristics and conceptuality. It should be noted that the analysis of academic theories shows, firstly, that scholars tend to argue for legal globalisation exclusively through the sphere of economic relations and, secondly, that there are significant differences of opinion regarding the prospects of globalisation in this area. The authors suggest that the main trends are: (a) legal globalisation: internationalisation of national law, internalisation of international law – incorporation of international law into national law, globalisation of legal regulation; (b) economic globalisation: concentration and centralisation of capital, strengthening of the international division of labour, formation of international transport and logistics infrastructure, development of information and technological progress. The subject of the study is the main patterns of globalisation in the field of economics and law: theoretical concepts and models; current status, dynamics, main trends of development, as well as the state of scientific research in this field. The methodological basis of the study is, first of all, modern philosophical methods of cognition (dialectical, historical and logical, systemic and analytical). The study used general scientific methods of comparison, analysis and synthesis, abstraction and generalisation, analogy, induction and deduction. For the purposes of this study, system-structural and system-functional methods of cognition were widely used. These tools made it possible, first of all, to identify the dynamic characteristics of law in the system of socio-cultural values. Results. Globalisation is an objective process independent of the will and desires of individuals and states. Globalisation is an intrinsically contradictory phenomenon that opens up new opportunities for development and interaction between states, while exacerbating old and generating new problems. An intensive direction of globalisation is the acquisition of a new quality by world economic ties – increased interdependence and interaction of all spheres and components of international relations. Whereas at the previous stages of internationalisation of international relations, economic imperatives were recognised as dominant, today the importance of the legal factor is growing. It is stated that when studying the phenomenon of globalisation, at least two aspects are distinguished: (1) globalisation is an objective process, (2) it is promising to identify and use its positive aspects, and to identify and neutralise its negative phenomena. The complexity of the study of globalisation processes lies in the need to take into account the old and develop new models of social transformation.
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Czaplinski, Władysław. "Relations Between International Law and the Municipal Legal Systems of European Socialist States." Review of Socialist Law 14, no. 1 (1988): 105–27. http://dx.doi.org/10.1163/187529888x00077.
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Ogus, Anthony. "Competition Between National Legal Systems: A Contribution of Economic Analysis To Comparative Law." International and Comparative Law Quarterly 48, no. 2 (April 1999): 405–18. http://dx.doi.org/10.1017/s0020589300063259.
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Three main tasks can be identified for comparative law. The first is to investigate differences between legal systems and, in particular, to distinguish between “real” differences, where the outcomes of the application of principles diverge between legal systems, and “superficial” differences, where similar outcomes are masked by the conceptual structures of the relevant systems. The second is to trace developments in the relationships between legal systems and thus to explore tendencies of convergence or divergence (in terms of “real” differences), noting that in some areas convergence may be required under international legal instruments. The third task is to explain and to evaluate such developments: why do systems converge or diverge? Is convergence desirable or undesirable?
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Kushu, S. O. "BASES OF MODERN INTERNATIONAL TAX LAW." Scientific bulletin of the Southern Institute of Management, no. 2 (June 30, 2017): 24–27. http://dx.doi.org/10.31775/2305-3100-2017-2-24-27.
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International tax law is one of the most important components of international taxation, since it contributes to the establishment of universal principles for the collection of taxes in the globalizing system of world economic relations, and also affects the transparency of the borders between national tax jurisdictions. International legal regulation of taxation is designed to solve numerous disputes between different countries of the world, the conflict of national legal systems in a kind of struggle for the right to impose incomes of subjects of international economic relations. In a broad sense, international tax law is understood as a set of international legal principles and norms governing interstate relations in the tax sphere. At the same time, the national taxation systems and the legal principles of their organization in the current system of world economic relations have fairly stable sovereignty. They remain highly autonomous, despite the continuously increasing impact of factors of the external economic and tax environment.
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Nikšić, Jasmina. "Property relations between spouses according to Shariah law and comparative analysis with positive legal regulations of the the Republic of Serbia." Univerzitetska misao - casopis za nauku, kulturu i umjetnost, Novi Pazar, no. 22 (2023): 21–28. http://dx.doi.org/10.5937/univmis2322021n.
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Property relations between spouses belong to specific legal relations precisely because of the great influence of personal and emotional relations between the parties. Sharia law as a different legal system differs greatly from all legal systems in many respects. Precisely for these reasons, it was interesting to investigate how property relations between spouses are regulated in Sharia law, which is based on different principles. The research on this topic is especially important for its comparative analysis with the positive legal regulations of the Republic of Serbia in relation to the institutes valid in Sharia law and their review and comparison. The paper deals with the rights and duties of spouses in Islamic marriage in terms of property, ways of acquiring property in marriage, special property of married women, property regimes in Islamic and civil marriage, alimony, wedding gift (mehr), dowry (goods that a woman receives when marriages by his family) and gifts as ways of acquiring special property in an Islamic marriage.
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Gorokhova, Svetlana Sergeevna. "Identification of artificial intelligence systems in legal field: the fundamentals of cyber law." Юридические исследования, no. 6 (June 2020): 1–11. http://dx.doi.org/10.25136/2409-7136.2020.6.33419.
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The subject of this article is the social relations established in the process of scientific and technological development in IT sphere that support the work of artificial intelligence systems and relate to scientific discussion on the role of artificial intelligence, robots and objects of robotics in the legal field. The author examines the relevant questions of identification of artificial intelligence systems as a subject, object or other legal phenomenon within the structure of legal relations. The research problem consists in the fact outstripping that the scientific-technological progress outstripped legal regulation of interaction between an individual, society and artificial intelligence, which justifies the need for creation a cyber-law theory. The opinions on the matter in foreign and national literature are analyzed. The article outlines the trends and prospects of implementation of artificial intelligence in various social and economic spheres; determines the contrast of opinions regarding the problems of identification of artificial intelligence systems, as well as incorporation of artificial intelligence into the established legal reality. The author presents and substantiates an original conceptual version of inclusion of artificial intelligence into the legal field, based on the principle of assignment of partial legal capacity to strong and super strong artificial intelligence. The positions on legal responsibility in relations complicated by the presence of artificial intelligence are defined.
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Muzyka-Stefanchuk, O., and N. Yakymchuk. "International currency legal relations and international economic relations: interconnection and interaction." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 648–53. http://dx.doi.org/10.24144/2788-6018.2023.05.114.
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International currency relations are considered through the prism of international economic relations. It is emphasized that the latter arise between subjects from different countries, between tax residents of different tax jurisdictions regarding the production, distribution, exchange and consumption of goods, provision and receipt of services, capital circulation.
It is argued that international economic relations are manifested at different levels of the economy (micro-, meta-, macro-levels). Where the macro level is the level of state and interstate international processes; metalevel these are international ties of industry and regional importance; micro level is the level of connections between firms of different countries.
International economic contacts, international economic interaction, international economic cooperation, international economic integration are considered in detail.
It is proved that the existence of international economic relations gave impetus to the formation of international economic and international currency (monetary) law. So, in the context of international economic law, international currency law and the corresponding legal relations arose as early as the 19th century, and they received the greatest development in the second half of the 20th century. In the XIX-XX centuries currency and financial systems are actively developing both domestically and internationally. It also gave impetus to the formation and development of economic and financial science.
The stages of the evolutionary development of the world monetary and financial system are considered. The main principles of the organization of currency relations in different periods are analyzed.
Alternative options to the existing currency system proposed by various authors are critically considered.
It is proven that the formation and development of international trade relations, the world economy, and the world currency system contributed to the formation of a certain system of legal norms regulating relations in the currency sphere. At the same time, such norms are considered within the framework of different legislation, studied in different academic disciplines.
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Reyad, Shamsan. "Relationship between international and national law and issues of their harmonization." Uzhhorod National University Herald. Series: Law 2, no. 78 (August 31, 2023): 390–97. http://dx.doi.org/10.24144/2307-3322.2023.78.2.63.
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The article is devoted to one of the aspects of the problem of correlation between international and domestic law, namely the relationship between international and national law. This relationship is developing dynamically. The development of the interconnectedness of international and domestic law occurs in connection with the constant increase in the number of international treaties and national legal acts aimed at regulating social and domestic relations, which is the object of international cooperation. At present, trends in the further development of international law and its interaction with national legal systems have begun to emerge clearly. The process of globalization has strengthened the interconnection of states, expanded the range of intrastate social relations that are a common object of regulation of two legal systems - the international legal system and the domestic legal system. Based on the analysis of the provisions of the general theory of law and the doctrine of international law and international normative acts, the theoretical and legal problems of the relationship between domestic and international law are considered. It explores the social and legal nature of the relationship between the two legal systems and explores the importance of harmonizing domestic state law with international law. It is noted that although international law and domestic law have a single social nature, they functionally act as two relatively independent and closely interacting and interdependent systems of law. The nature of their interrelations, methods and forms of interaction, as well as their functional connection, interdependence and the role of the state in this process are revealed. It is emphasized that the relationship and interaction are not limited only to the norms of the two legal systems, but cover the two legal systems as a whole. Consequently, there must be harmonization of the norms of national law with all sources of international law, including with the individual international obligations of states. The article notes that the state is a participant in the creation of legal norms of both domestic and international law. The process of coordinating the will or position of states when concluding international treaties is regulated by the norms of international law, and the process and procedure for expressing these declarations of will or positions are determined by the norms of national law. At the same time, international law does not belong to the legal system of specific states, although in fact it is part of all legal systems. If the object of regulation coincides, the norms of international law always take precedence over domestic ones. According to the author of the article, the concept of a legal conflict should not be identified with the invalidity of international treaties. It is argued that the case of conflict occurs only with a valid contract. It is also emphasized that many norms, enshrined in international law by treaty or customary means, acquire the character of jus cogens and therefore are binding on all states, regardless of ratification or accession to certain treaties or agreements. The article points out that international law imposes an obligation on the state as a whole, but it is domestic law that determines state bodies and officials who are responsible for fulfilling the international obligations of the state.
The purpose of the article is to theoretically clarify the essence of the relationship and interaction between international and domestic law, to identify the importance of harmonizing domestic legislation with international law and the grounds for the priority of international norms over national law.
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Bardhoshi, Nebi. "Legal dynamics in a border area." Journal of Legal Anthropology 1, no. 3 (September 1, 2013): 314–32. http://dx.doi.org/10.3167/jla.2013.010303.
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This article considers factors that have effected and influenced the continuity of the customary law named the Kanun of Lek Dukagjini in some areas of Albanian and Kosovo. It draws on ethnographic data on the border area villages between Albania and Kosovo to discuss the dynamics and tensions that are created between state and non-state law vis-à-vis justice in highly complex and problematic social, economic, and political contexts. Customary law and state law seem to be two conflicting legal ideologies. However, the article considers everyday settings where people make use of both legal systems in order to regulate matters especially related to property issues. The new legal realities create around property ownership imply new type of relations vis-à-vis family and kinship structures which oscillate between the two systems.
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BANASEVYCH, Iryna I., Ruslana M. HEINTS, Mariya V. LOHVINOVA, and Ihor V. MYRONENKO. "The Place of Legal Custom in the System of Sources of Regulation of Private Relations." Journal of Advanced Research in Law and Economics 9, no. 8 (November 28, 2019): 2540. http://dx.doi.org/10.14505//jarle.v9.8(38).03.
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The relevance of the work is to fully implement the possibility of the exchange of information and technologies between subjects of law for the formation of a balanced legal system. The novelty of the scientific paper is determined by the fact that legal custom is considered not only as a consequence of the emergence of a certain legal system, but also as an environment that forms additional legal relations, formalizing certain traditionalistic legal relations related to the historical and cultural features of the region. In this paper the authors show the genesis of the legal custom, its forms of implementation and the principles of its implementation, which can be applied to case law and codified systems of law. The scientific paper reveals the concept of tradition and custom; legal custom is differentiated from the case and the possibility of its evolution is shown. The practical application of the research determines the possibility of forming an innovative legal environment, along with the development of traditional legal systems.
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Moreira, Ana, Emília Araújo, and Helena Sousa. "Corruption and the media – a journalists’ look about the relevance of time." Comunicação e Sociedade 35 (June 28, 2019): 193–210. http://dx.doi.org/10.17231/comsoc.35(2019).3138.
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The relations between the media, politics, the legal system and the phenomenon of corruption are complex and gives rise to various types of time and temporality. In empirical terms, this text addresses a study conducted with journalists who have followed cases of corruption involving politicians. The importance of time in the constitution of relations between media, politics and the legal system is discussed. The analysis highlights some of the main characteristics of the time in the media labour. Additionally, it debates the way in which time configures the relations of power that are established between the different systems and actors.
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Maksymenko, Olena. "International practices in the development of administrative legal relations in the field of child protection." Law. Human. Environment 15, no. 1 (January 19, 2024): 37–52. http://dx.doi.org/10.31548/law/1.2024.37.
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Ensuring and protecting children’s rights is a priority in building harmonious legal relations in everycivilisedcountry. Thestudyoftheexperienceofdifferent countries regarding the specifics of the development of administrative legal relations in the field of child protection allows analysing the problematic aspects and identifying positive developments that should be adopted and disseminated. The purpose of this study is to investigate administrative legal relations in the area of child rights protection in certain countries of the world. A set of methods was employed, including methods of induction and deduction, analysis and synthesis, comparison and generalisation, etc. The study examined the content of certain provisions of the Convention on the Rights of the Child, as well as the specific features of legal relations existing between the bodies and institutions of the United Nations. The study analysed the specifics of the development of administrative legal relations in the countries of the Anglo-Saxon and Romano-Germanic legal systems. It was emphasised that in each of the countries under consideration, ensuring and protecting children’s rights is a priority for the state. Even though an effective mechanism for ensuring children’s rights has been developed in countries with highly developed economies and legal culture, certain elements of ensuring children’s rights still need to be improved. The legal relations between different state structures for the protection of children’s rights in the United States of America, England, Germany, France, and Romania are investigated and systematised. Based on the study conducted, a classification of the system of development of administrative legal relations in the area under study was proposed. In addition, the similarities and differences in the development of administrative legal relations for the protection of children’s rights in countries with different legal systems, legal cultures, levels of economic development and mentality were generalised, with author’s generalisations and proposals. The proposed scientific study can be used by researchers as a basis for further scientific investigations, by teachers of higher education institutions, as well as by employees of social services for children and representatives of public authorities who influence the development of state policy on the protection of children’s rights
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Kuzmin, Igor Aleksandrovich. "Concerning Coordination, Subordination and Genetic Relations of Legal Responsibility with the System of Law and Legislation System." Юридические исследования, no. 10 (October 2019): 99–111. http://dx.doi.org/10.25136/2409-7136.2019.10.31256.
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The object of the research is a complex interaction between the regulatory construction of legal responsibility, the system of law and legislation system expressed in coordination, subordination and genetic relations. The subject of the research includes specific features of the relationship between legal responsibility and other legal phenomena at the substantial, structural and systemic levels. The main emphasis is made on the analysis of legal norms and regulations of legal responsibility, its branch and sub-branch systems. The author presents a variety of interpretations of legal responsibility as a regulatory phenomenon. Aiming at the needs of legal science and practice and being based on doctrinal, regulatory and law enforcement sources, the author suggests to extend the scope of application of the systems approach to legal research based on the example of analysis of legal responsibility as an element of the system of law and legislation system. To ensure the validity of research data, besides general research methods the author has also used special research methods (sociological and historical) and private research methods (formal legal, structural legal and comparative legal). The author describes the contents of functional (coordination and subordination) and genetic relations between inter-branch institution of legal responsibility from the point of view of different kinds and classification of legal responsibility. Based on overall theoretical characteristics of legal collisions and different kinds of regulatory relationships, the author shares his own position on inter-branch and intra-branch collisions arising between legal responsibility provisions and elements of the system of law and legislation system. The author also offers his own method of discovering legal contradictions and responding to them as the grounds for further development of a universal mechanism of solving collisions that arise in the process of law making and law enforcement activities.
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Laptev, Vasiliy, and Vladimir Fedin. "Legal Awareness in a Digital Society." Russian Law Journal 8, no. 1 (March 27, 2020): 138–57. http://dx.doi.org/10.17589/2309-8678-2020-8-1-138-157.
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Our perception of reality depends on multiple factors, including the language of communication and the culture adopted by civil society. With the development of digital technologies, the methods for transferring information, traditions and cultural code between participants in public relations have undergone drastic changes. The emergence of the “digital layer” between the human consciousness and the outside world has resulted in a shift in our perception of the world since we now view it through the prism of the digital space. The use of artificial intelligence and global cloud data in the daily life of society requires special consideration. Our interaction with cyberphysical systems has dramatically affected our perception of immediate reality. The synthesis of human cognition and artificial intelligence is leading to an amalgamation of material and cyberphysical spaces, as a result of which objects of the digital world acquire material value, whereas material objects (works of art, music, books, etc.) get transformed into a digital code. This article examines societal trends in the development of digital technologies at the fourth stage of the industrial revolution (Industry 4.0). Here, we review the possible interpretations of the concept of “digital relations” and characterize the participants in such relations. Furthermore, we analyze the factors affecting the legal awareness of an individual and identify the essential characteristics of cognition in a digital society. We also consider the challenges currently facing the State and evaluate the prospects for the development and regulation of digital relations.
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Lungu, E. V. "Constitutional Legal Relations Constructs in the Law of Germany, Great Britain and France." Lex Russica 76, no. 2 (March 2, 2023): 113–21. http://dx.doi.org/10.17803/1729-5920.2023.195.2.113-121.
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The science of constitutional law lacks universal theoretical approach to constitutional legal relations; each state independently determines the goals, object and subject of constitutional legal relations. At the same time, the same subjects in different conditions existing in different national legal systems can act as objects and subjects of legal relations. The constitutional legal relations constructs under consideration do not consider a nation as an equal participant in these legal relations. Their role in all of the presented constructs is limited both in terms of the circle of persons and the possibilities to enter into constitutional legal relations as a subject. It can be argued that, despite the difference in approaches to the object and subject composition of legal relations, in Germany, Great Britain and France, such legal relations between public authorities can exist only in a normally developing state (a state that is not under pressure from any crisis or epidemic).The author draws her conclusion based on an analysis of the basic constructs of legal relations, which in Russian legal science are usually referred to as constitutional legal relations. The author’s choice of constructs developed in Germany, Great Britain and France is due to the wide spread in the world of scientific views formed within the framework of the national scientific schools of these states, as well as the influence of the philosophy of law of Germany and France on the formation of constitutional legal relations in Russia.The author pays special attention to the prevalence of Karl Schmitt’s views on the formation of constitutional legal relations in Europe and North America in terms of intolerance of dissent, the assumption of constitutional dictatorship, the strengthening of executive power at the expense of the legislature.
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Magdenko, Alexandr D., and Alexandr Yu Tomilov. "Correlation of International and Domestic Law: Procedural and Legal Problems." Pravosudie / Justice 3, no. 3 (September 28, 2021): 189–205. http://dx.doi.org/10.37399/2686-9241.2021.3.189-205.
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Introduction. Despite the multiplicity of works on the relationship between international and domestic law, this problem remains relevant, since due to changes in public relations, the understanding of the functioning of the rules of law changes. This concerns the problem of the influence of international law on the process of changes in civil procedure legislation. This issue also complicates the active phenomena of the globalisation of public relations, and the requirement of unification of legal relations, both in the public and private legal spheres. National communities have an interest in this. At the same time, the processes of borrowing and unification under the influence of international law in the civil procedure sphere have their own distinctive feature. They always give priority to national legal systems, which does not exclude, (due to the intensive convergence of different communities), the manifestation of elements of borrowing from the norms of international law. Theoretical BasIs. Methods. The main research methods are comparative legal and historical. The study analyses the relationship between international and national law in the framework of civil procedure relations, taking into account the effect of globalisation. Results. An analysis of the current nature of the relationship between international and domestic law allows us to conclude that the globalisation processes contribute to the convergence of these two legal systems. The modern interpretation of the Constitution in the light of the legal positions of the Constitutional Court marked a departure from the traditional Russian dualistic understanding of the problem of the relationship between international and domestic law in the direction of moderate monism. Discussion and Conclusion. The analysis of the impact of globalisation processes on the mechanism of implementation of international law in the field of civil procedure legislation is carried out. The obtained results and conclusions allow us to determine the features and nature of the current relationship between international law and national law in the framework of civil procedure relations.
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Schiek, Dagmar. "Enforcing (EU) Non-discrimination Law: Mutual Learning between British and Italian Labour Law?" International Journal of Comparative Labour Law and Industrial Relations 28, Issue 4 (January 21, 2012): 489–511. http://dx.doi.org/10.54648/ijcl2012026.
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While substantive EU non-discrimination law has been harmonized in great detail, the enforcement regime for EU non-discrimination law consists merely of a few isolated elements. Thus, the pursuit of unity through harmonization in substantive EU law is accompanied by considerable regulatory autonomy for Member States in securing the efficiency of those laws, reflecting the diversity of national enforcement regimes, and resulting in twenty-seven different national models for enforcing discrimination law in labour markets. This article pursues two connected arguments through a comparison of rules for enforcing non-discrimination law in labour markets in Britain and Italy. First, it argues that enforcing non-discrimination law in labour markets is best achieved when responsive governance, repressive regulation and mainstreaming equality law are combined. Second, the article submits that diversity of national legal orders within the EU is not necessarily detrimental, as it offers opportunities for mutual learning across legal systems. The notion of mutual learning across systems is proposed in order to analyse the transnational migration of legal ideas within the EU. Such migration has been criticized in debates about the 'transplantation' of legal concepts or legal irritation through foreign legal ideas, in particular by comparative labour lawyers. However, EU harmonization policies in the field of non-discrimination law aim to impact on national labour laws. The article develops the notion of mutual learning across legal systems in order to establish conditions for transnational migration of legal ideas, and demonstrates the viability of these concepts by applying them to the field of non-discrimination law.
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Maslova, Svetlana Valentinovna. "Lex PPPs as a source of regulation of cross-border relations in the sphere of public-private partnership and the role of international organizations in formation of Lex PPPs." Международное право и международные организации / International Law and International Organizations, no. 4 (April 2021): 1–10. http://dx.doi.org/10.7256/2454-0633.2021.4.36516.
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Modern international and cross-border relations in the sphere of public-private partnership (PPP) undergo transformations caused by globalization processes, which leads to the amendments in their legal regulation. The impact of non-state actors increases. Although the toolset for influencing cross-border relations in the sphere of PPP retains its legal core, it is being extended by the rules established by non-state actors outside the international and national legal systems, and carry no legal weight. For PPP as a form of interaction between the state and private investment and business structures, such transformations are particularly noticeable and require precise legal qualification. The scientific novelty of this research consists in providing definition in the international legal doctrine to Lex PPPs as the regulator of cross-border relations in the sphere of public-private partnership. Based on the dialectical, logical, and formal-legal methods, assessment is given to the role of international organizations in the formation of Lex PPPs. In conclusion, the author clarifies the role of Lex PPPs within the system of regulators of public-private partnership, namely that it should not expel the legal regulation of cross-border relations in the sphere of public-private partnership; as well as offers to seek for the new forms of correlation between international law and Lex PPPs and their consolidation through the international legal regulation of public-private partnership.
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Lobanova, Olga Nikolaevna. "A RETROSPECTIVE OF THE DYNAMICS OF THE LEGAL SYSTEMS OF THE IBERIAN PENINSULA." Chronos 6, no. 7(57) (July 13, 2021): 26–32. http://dx.doi.org/10.52013/2658-7556-57-7-9.
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The Kingdom of Spain is a multi-ethnic state, which includes too many ethnic and cultural groups. In this regard, the issues of legal regulation of public relations between the ethnic regions of the State play a primary role in maintaining stability and unity. Thus, the study of the prerequisites and the process of development of the legal system in the Iberian Peninsula region have a high degree of significance.
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Rakhmetulin, Abay, Yermek Abdrasulov, and Ayzhan Abdrasulova. "Impact of Constitutionalization on the Legal Culture, National Norms, and International Relations in Kazakhstan." Journal of Law and Sustainable Development 11, no. 11 (November 16, 2023): e1329. http://dx.doi.org/10.55908/sdgs.v11i11.1329.
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Objective: The relevance of the studied issue lies in that the concept of constitutionalization is increasingly utilized in legal terminology and the spheres of state and international law. However, researchers have not yet developed a unified approach to the concept, as each scholar proposes examining constitutionalization in the context of its impact on specific aspects of legal reality. The study thus aims to explore the effect of constitutionalization not only on the system of national law but also on the national legal system in the broad sense. Methods: The research goal is achieved through an analysis of scientific literature, legal sources, and legislative documents. Comparative legal and system structural methods are used to understand the relationship between academic theories and the practical application of constitutionalization. Results: The analysis shows that constitutionalization is a multifaceted process that assumes the integration of constitutional norms and principles into various aspects of legal systems. The study emphasizes the influence of constitutionalization on national legal systems, including such aspects as legal culture, judicial interpretation, and the conformity of legislation with constitutional values. Conclusion: The concept of constitutionalization is concluded to play a decisive part in the development of modern legal science. The study stresses the importance of regulating legal norms in line with constitutional principles, both nationally and internationally, to ensure effective legal regulation.
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Bielov, Dmytro, and Myroslava Hromovchuk. "Constitutional and legal regulation of economic relations: selected aspects." Проблеми сучасних трансформацій. Серія: право, публічне управління та адміністрування, no. 1 (October 20, 2021): 30–39. http://dx.doi.org/10.54929/pmtl-issue1-2021-05.
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Found, constitutional and legal norms undoubtedly have a significant impact on the economic system of any state. Models of the world's economic systems are established and guaranteed by a system of legal means, which, in turn, are subject to the constitutional and legal framework. Specified, the sphere of constitutional-legal regulation of economic relations has been repeatedly explored in scientific research, however, the consensus on the scope of economic issues that should be subject to constitutional entrenchment has not been reached yet. The analysis of the world constitutional practice shows a tendency to strengthen the regulation of those relations that concern the economic organization of public life. This topic is relevant since not only the legal theory but also political practice enters into a heated debate over the above-mentioned issue. The author argues: 1) constitutional law regulates the place of the state in the political system of society and defines the principles of relations between the state and its non-state elements including the ways of resolving conflicts between them, limits of interference or even limits of its activity; 2) the boundaries of constitutional regulation of economic relations should be determined first of all on the basis of considering fundamental relations for the economic system of the state. That is, the limits of constitutional regulation depend on the system of relations that are included in the concept of economic relations; 3) the system of relations that require legal regulation should also include the establishment of an effective pricing mechanism, the exercise of control over monetary policy, the cancellation of restrictions on foreign trade activities, the development of an effective tax and budgetary system, regulation of financial reporting, etc.
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Tatar, Olga, and Iurie Mihalache. "Legal nature and practice of application of the Vienna convention in the regulation of international contractual relations." National Law Journal, no. 1(249) (November 2023): 37–46. http://dx.doi.org/10.52388/1811-0770.2023.1(249).04.
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The procedure for concluding an agreement has come a long way of evolution from a strictly formalized process to concluding an agreement using computer networks. Currently, almost all legal systems regulate the main stages of the pre-contractual process - the direction of the offer, its analysis and acceptance to the addressees, as well as the conclusion of the contract during the negotiation process. However, the intensity of such regulation and the range of regulated relations differ in each legal family and even in states belonging to the same legal family (for example, Great Britain and the United States). The process of negotiations between the parties during the conclusion of an agreement remained the least regulated, although attempts to regulate some elements of the negotiation process are observed in almost all legal systems (for example, the establishment of pre-contractual responsibility, the legal status of pre-contractual relations). For this reason, it is of particular interest to analyze the UN Vienna Convention.
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Nazarov, A. "General characteristic of a civil-legal contract." Law and innovative society, no. 1 (14) (July 2020): 7–13. http://dx.doi.org/10.37772/2309-9275-2020-1(14)-1.
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Problem setting. The life of modern society is unthinkable without a civil-law contract, which is the most important tool for coordinating the will. With the help of a contract, the subjects of legal relations establish their own rights and obligations, specify and detail legal norms, fill in gaps in legislation and establish a legal link between them. This relationship becomes legally significant due to the fact that the state authorizes it through various measures of state influence, including measures of state coercion. Target of research. The target of the research is to study the role of contracts in civil-law relations. Analysis of recent researches and publications. The following scientists were engaged in research of the specified question: D.I.Meyer, S.A.Muromtsev, V.M.Nechaev, I.A.Pokrovsky, I.N.Trepitsyn, G.F.Shershenevich, O.S.Ioffe, O.A.Krasavchikov, P.O.Khalfina, B.B.Cherepakhin and others. Article’s main body. The concept of a contract as a complex multidimensional concept has existed since the time of Roman law. A contract is one of the oldest necessary legal structures in various legal systems of the world, which, according to most researchers, is based on an agreement between two or more entities. The universality of the agreement allows it to serve as an irreplaceable flexible tool for regulating relations at all stages of social development. Conclusions and prospects for the development. Thus, we can conclude that in a market economy the contract is the main legal form of communication of participants in legal relations. Features of a civil law contract as the main areas of legal impact reflect the role and importance of the contract in streamlining the relations of participants in civil turnover, express the essence of a specific contract
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Bielov, Dmytro, and Olga Sidorenko. "BOUNDARIES OF CONSTITUTIONAL AND LEGAL REGULATION OF ECONOMIC RELATIONS." Baltic Journal of Economic Studies 6, no. 1 (March 16, 2020): 9. http://dx.doi.org/10.30525/2256-0742/2020-6-1-9-17.
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It is found that the constitutional and legal norms undoubtedly have a significant impact on the economic system of any state. Models of the world's economic systems are established and guaranteed by a system of legal means, which, in turn, are subject to the constitutional and legal framework. It is specified that the sphere of constitutional and legal regulation of economic relations has been repeatedly explored in scientific research, however, the consensus on the scope of economic issues that should be subject to constitutional entrenchment has not been reached yet. The analysis of the world constitutional practice shows a tendency of strengthening the regulation of those relations that concern the economic organization of public life. This topic is relevant since not only the legal theory but also political practice enters into a heated debate over the above-mentioned issue. The authors argue that: 1) constitutional law regulates the place of the state in the political system of society and defines the principles of relations between the state and its non-state elements including the ways of resolving conflicts between them, limits of interference or even limits of its activity; 2) the boundaries of constitutional and legal regulation of economic relations should be determined, first of all, on the basis of considering fundamental relations for the economic system of the state, that is, the limits of constitutional regulation depend on the system of relations that are included in the concept of economic relations; 3) the system of relations that require constitutional and legal regulation should also include the establishment of an effective pricing mechanism, the exercise of control over monetary policy, the cancellation of restrictions on foreign trade activities, the development of an effective tax and budgetary system, regulation of financial reporting, etc.
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Хассельбальк, Оле, and Ole Khasselbalk. "NORDIC LEGAL SYSTEM: ROOTS, STRENGTH, TRENDS." Journal of Foreign Legislation and Comparative Law 5, no. 2 (October 15, 2019): 1. http://dx.doi.org/10.12737/art.2019.2.1.
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In this article different aspects of rooting, strengthening and trends of the Nordic Legal System (Nordic Law) are discussed. The Nordic Law is considered to be a sum of the legal systems of the countries, which are situated on the Scandinavian Peninsula. Apart of it the concept principles, particularities and advantages of this legal system are analyzed in comparison with the others. The author points the historical background and conditions of this legal system’s appearing and defines the periodization of this legal system strengthening process. He lights out five stages of the mentioned process. Besides this and according to the author’s viewpoint the Nordic Legal System should be characterized as the one of the traditional type and it differs substantially if it is compared to the Roman-Germanic or to the Anglo-Saxon (Anglo-American) legal systems, having the unique legal dimensions. Further in the article the law — making process, the order of parliamentary acts adopting, the laws using practice and handling the custom as a source of law in the Scandinavian countries are described and analyzed. Special attention is paid to the role of courts and judges in the law-making process, their influence on the formation of legal systems and legislation in the Nordic countries. In particular, the article notes the existence of a conflict between judges and parliamentarians. It lies in the fact that judges are not always satisfied with the quality of acts of Parliament, on the basis of which it is not always possible to fairly resolve the case in court. In addition, the author considers the functioning of public and private law institutions in the system of regulation of public relations. At the same time, the author pays the necessary attention to the regulation of social relations in those areas of public life that are not covered by acts of Parliament and in which contractual regulation in interpersonal relations and regulation of the activities of public organizations on the basis of self-regulation are possible. The problem of legal protection of individuals is considered.
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Magomedova, O. S. "Concept of International Legal Policy in Foreign Comparative Legal Studies." Moscow Journal of International Law, no. 3 (December 26, 2020): 27–43. http://dx.doi.org/10.24833/0869-0049-2020-3-27-43.
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INTRODUCTION. International legal policy is a new object in international legal studies, although this phenomenon exists as long as the external relations of States. International legal policy is a rare case of research subject, which remains unexplored. International legal policy as a Concept of State's policy towards legal aspects of international relations was formed in the 80-s of last century. Earlier the questions and their particular aspects now embraced by international legal policy were divided between international lawyers and international relations researchers. However international legal policy is an integral system of State's approaches to international legal matters, therefore its punctual research is relevant only from comparative point of view. It would be interesting to compare States' positions on concrete issues or States' tactics at different stages of realization of international legal norms. This article concerns the question whether comparative studies of international legal policy can be integrated into existing fields of comparative foreign relations law or of comparative research of international law.MATERIALS AND METHODS. The article surveys theoretic questions primarily on the base of doctrinal sources. The retrospective analysis of the comparative method in international law is based on works published by Russian and foreign experts during the XX century. Particular attention is drawn upon works of founders of comparative research in international legal studies. The concept of foreign relations law in the scholarship and practice of the U.S. is researched on the base of national case law, which formulated the principle of executive exceptionalism in State foreign policy. Research work is realized with the use of analysis, synthesis, systematisation, as well as methods of historical and comparative method.RESEARCH RESULTS. The Article consistently reveals meaning and the content of international legal policy as one of the authors of the concept, French lawyer and diplomat G. de Lacharriere, presented it. The Article examines the history of foreign relations law in the U.S. and presents its doctrinal estimations from viewpoint of American constitutional law. The research work specifies different points of view on content of foreign relations law and approaches to its justification. Indeed international legal policy and foreign relations law can be compared as two types of State’s approach to its legal position on the international scene. There are six parameters for comparison: sources, functions, subjects of both concepts, questions on allocation of foreign powers in the State, on relationship between international and national law, on the role of national courts in interpretation and application of international norms. In consideration of “national interest” concept the attribution of international legal policy to international organisations or supranational association is judged as incorrect. The article examines the question of applicability of comparative method in the international law within the discourse among scholars on how differently modern States evaluate international legal norms. Analysis of the tendency to contrasting States’ approaches to the international law encompasses its development from notions “international law of transitional period”, “international legal systems”, to notions “national approach”, “legal style”, “legal culture”. Brief survey of comparative international law gives perspective on diversity of approaches to comparable aspects of the international law. Comparative studies of international legal policy could get consolidated among them.DISCUSSION AND CONCLUSIONS. At first sight the comparative method is hardly applicable to the international law. However the universality of the international law doesn’t exclude variety of approaches to it. The research into international legal policy determined by national interests of every State allows to systemize positions of a State into a single strategy. At the same time comparative method doesn’t only provide classical comparison of States’ positions by issues, but also offers to compare inner-workings of the international legal policy and shaping factors. Nowadays in the context of trends on diversification of international relations (fragmentation, regionalisation), growing popularity of the comparative method translated into comparative foreign relations law and comparative international law. However international legal policy doesn’t correspond with categorial apparatus of comparative foreign relations law. International legal policy is nor able to apply methodological tenets of comparative international law due to its multivalued content. Most likely comparative studies of international legal policy can become a new approach within comparative international law, which should be based on the principles of concreteness and consistency.
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Kuznetsova, E. V. "Legal systems of the countries of totalitarian socialism: features of legal genesis and development trends." Siberian Law Herald 3 (2022): 3–9. http://dx.doi.org/10.26516/2071-8136.2022.3.3.
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The essential features of the legal systems of the countries of totalitarian socialism are analyzed, some issues of the formation of the socialist legal system in Russia are investigated, the main approaches to the typology of the legal systems of the countries of totali-tarian socialism are identified: from denial of existence at the present time to recognition as a global legal system. The characteristic features of socialist law are revealed, the close connection between legal genesis and political genesis is noted. The formation of the system of socialist law in Russia was based on a radical rejection of the legislation of the previous era; on the contrary, in some other countries of totalitarian socialism, a gradual change in the regulatory framework is noted. The leading role of ideology in the system of socialist law is characterized, which influenced the content of law, and its forms, and technical and legal features. From the point of view of content, socialist ideology gave rise to a special paradigm of relations in the “personality-state” system, which in one way or another affected all branches of law. The author also draws attention to the specifics of the sources of socialist law, the features of the legal culture of the countries of totalitarian socialism. All of the above allows us to conclude that the socialist legal system exists as an independent one. Despite the reduction in the number of countries included in this legal system after the collapse of the USSR, its preservation is noted, while in its classical form it remained only in the DPRK, other countries should be attributed to the modernized socialist legal system. The transformations concerned mainly socio-economic relations, the main political institutions did not undergo significant changes. An analysis of constitutional legislation and political practice does not indicate a desire to re-build the political and legal system along Western lines.
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Amiri, M. A. "PROBLEMS OF PERSIAN-RUSSIAN LEGAL TRANSLATION ON THE EXAMPLE OF MARRIAGE CONTRACT." Title in english 17, no. 1 (March 31, 2019): 49–54. http://dx.doi.org/10.24833/2410-2423-2019-1-17-49-54.
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Te ever-expanding international contacts reveal a great importance of studying and translating various kinds of documents and legal texts. Tis rather complicated process involves a number of problems that a translator needs to overcome. Te problems of legal texts translation are aggravated by the discrepancies between the legal systems of societies with social, cultural, ethnic, religious and other differences underlying them that fnd their reflection in different legal terminology systems. Tis article deals with the problems of Persian-Russian translation of legal texts with cultural and religious specifcs. Recently, Iranian-Russian relations have been developing really actively. In this regard, the translation of legal texts, which include documents of identity, marriage and family relations regulations, inheritance, etc., is of particular relevance. Te Persian-Russian translation of these documents raises many questions and problems due to its cultural and religious nature. Problems are exacerbated by the lack of specialized dictionaries, databases and electronic resources. Tis article presents some ways of solving these problems, as well as practical recommendations on the example of the translation of marriage contracts.
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Verdier, Pierre-Hugues, and Mila Versteeg. "International Law in National Legal Systems: An Empirical Investigation." American Journal of International Law 109, no. 3 (July 2015): 514–33. http://dx.doi.org/10.5305/amerjintelaw.109.3.0514.
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International legal scholars have long recognized the importance of the rules and processes by which states adhere to international legal obligations and “translate” them into their domestic legal systems. Research by political scientists on specific issue areas likewise increasingly recognizes that domestic implementation is crucial to international law compliance and effectiveness. Yet the lack of systematic data makes it difficult to assemble an overall picture of the relationship between international law and domestic law around the world, let alone to document its evolution over time. Recent qualitative surveys of state practice have begun to fill that gap, but provide only a snapshot in time and are limited to relatively few countries. Some quantitative projects cover more countries, but address only a limited number of questions based solely on the text of national constitutions.
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Kravchuk, S. Y. "Interaction of legal and political systems in Ukraine: problems and ways to solve them." Uzhhorod National University Herald. Series: Law 1, no. 81 (March 27, 2024): 47–52. http://dx.doi.org/10.24144/2307-3322.2024.81.1.7.
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The article examines the main aspects of the interaction of legal and political systems to create conditions for the stable development of the state, strengthening and maintenance of law and order.
The effectiveness of the political system is ensured by the coherence of the actions of all components of the system, which, in turn, is achieved with the help of legal means. The legal system, embodying the normative basis, affects social relations and ensures their stability; and the political system, in turn, is connected with a special sphere of people’s activity - politics, which reflects the sphere of relations between classes, social groups, collectives, and citizens regarding state power.
The formation of the modern legal system of Ukraine in accordance with international, in particular with European legal standards is a complex and multifunctional process, and therefore requires a deep scientific analysis of the legal reality and the development of conceptual foundations of its functioning and development.
The current period of development of the Ukrainian legal system (which in its genesis and legal features is similar to the legal system of the Romano-Germanic type) is connected both with the improvement of the main features of continental law and with the formation of effective ways of bringing it closer to European international legal systems.
In the current situation, the need to create a single legal space, within which it would be possible to quickly achieve effective cooperation between states that have different economic and legal systems, is becoming urgent.
Having considered the existing legal systems, we can already conclude that Ukraine undoubtedly belongs to the family of the continental legal system. However, in our country, private law, for example, is extremely underdeveloped. For a long time, the main attention was paid mainly to the development of public law. It is likely that the great difficulties of implementing a socially oriented market economy and entrepreneurship in our country are connected with this. The low legal awareness of the population of Ukraine in the field of private law also stands in the way of the integration of our state into the world economic space.
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Kranebitter, Klara. "The impact of European legal acts on national legal terminology and on German as a minority language in South Tyrol, Italy." International Journal of Legal Discourse 6, no. 1 (May 1, 2021): 113–33. http://dx.doi.org/10.1515/ijld-2021-2048.
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Abstract Legal concepts are generally deeply rooted in a specific legal system. Even when two legal systems use the same official language, such as Germany and Austria, the system-boundness of their legal concepts may lead to communication problems. German is also an officially recognised minority language in South Tyrol, Italy. In South Tyrol, the local public authorities must use the minority language in their relations with German-speaking citizens. This brought about the need to elaborate a local German legal terminology to express Italian legal concepts. Terminology development efforts intended to promote terminology consistency and avoid an excessive regionalisation of South Tyrolean German, so as to foster communication with the neighbouring German-speaking legal systems. In the last decades, European Union law has led to a growing harmonisation in the legal terminologies of its Member States, facilitating communication between the different legal systems, also with benefits for terminology work in South Tyrol. This paper focuses on how European legal acts impact on national legal terminology and affect German legal terminology in South Tyrol. The considerations set out are based on comparative legal terminology work regarding the Italian and the German-speaking legal systems done at Eurac Research.
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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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Nefedov, B. I. "Legal Frontier in the Regulation of Cross-Border Public Relations." Moscow Journal of International Law, no. 3 (October 29, 2023): 6–16. http://dx.doi.org/10.24833/0869-0049-2023-3-6-16.
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INTRODUCTION. When it comes to regulating cross-border relations, the rules of law of a given state, foreign national laws and international legal norms are/may all be applicable. In their entirety, these norms form a sort of buffer zone between existing legal systems, i.e. create a legal phenomenon that can be called a legal frontier. It is within the framework of this frontier that numerous legal phenomena occur, with the very concept of their existence in recent years being either challenged or blatantly denied.MATERIALS AND METHODS. The provisions of international treaties, the national legislation of Russia and other states, as well as numerous works of Russian and foreign researchers were used as materials for this study. The study relies on the general scientific and special methods as its methodological foundation.RESEARCH RESULTS. The study found that foreign laws do not coincide, applying them to regulate crossborder relations leads to cases where relations of the same category are managed differently even within a single state. All known sources of law serve as the generators of norms that govern cross-border relations, which is not the case for either domestic or international interstate relations. Additionally, new sources of international legal norms have emerged and their objective is to regulate cross-border public relations not specified in Art. 38 of the Statute of the International Court of Justice. The article states that significant changes in the theory of general international law (as well as in the general theory of law) are caused by the emergence of self-executing international legal norms designed to regulate cross-border social relations specifically.DISCUSSION AND CONCLUSIONS. The author comes to the conclusion that the emergence of self-executing international legal norms required a change in the very definition of international law, admitting the impossibility of the existence of any universal theory of the relationship between international and national law, as well as specifying the nature of the object and subject of an international treaty. The use of self-executing international legal norms as regulators of crossborder public relations does not transform these relations into international interstate relations and does not turn their subjects into subjects of international law. These relations remain as cross-border relations, and their subjects have an exclusively cross-border legal standing, regardless of which legal system norm was responsible for regulating them.
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Ilin, I. G. "Personal Data in Artificial Intelligence Systems: Natural Language Processing Technology." Journal of Digital Technologies and Law 2, no. 1 (March 20, 2024): 123–40. http://dx.doi.org/10.21202/jdtl.2024.7.
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Objective: to conceptualize, from the viewpoint of personal data protection legislation, the development of natural language processing technology, identifying possible legal barriers to such development and directions for further research of the issue.Methods: the research is based on general scientific methods of cognition, along with which formal-legal and comparative-legal methods were applied, as well as the method of theoretical modeling.Results: it was found that the observance of personal data regime natural language processing in the development of natural language processing technology leads technology, to a conflict between private-legal and public-legal interests, which, personal data in turn, creates obstacles for further development of this technology. The shortcomings of the existing legal order are shown, namely, the insufficient correspondence to the technical features of technology development. This may lead to the risks of excessive regulation, or, on the contrary, to the risks of neglecting critical areas that require protection. Problems in qualifying the data involved in the technology development are outlined. An attempt is made to define the limits of ensuring the lawfulness of personal data processing within the natural language processing technology. The material, temporal and territorial effect of the legal regulation in this field is identified as the limits of ensuring the legality. The author touches upon the possibility of using personal data as a consideration, which is important for the development of natural language processing technology and for the improvement of the information and communication technology industry.Scientific novelty: the paper supplements the scientific discussion on the legal regulation of personal data processing by artificial intelligence systems with an analysis of natural language processing technology. The latter is insufficiently studied, making it relevant to research information law, namely, the legal relations arising around artificial intelligence systems, and to assess the impact of a personal data regime on the development of natural language processing technology.Practical relevance: the applied aspects of the problems researched and the results obtained can be used to improve the legal regulation of public relations in the field of creation and development of artificial intelligence, as well as to identify and assess the legal risks arising in the personal data processing by developers of digital products based on natural language processing technology.
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Madera, Adelaide. "Religiously Affiliated Schools in America and Italy." Ecclesiastical Law Journal 7, no. 34 (January 2004): 251–66. http://dx.doi.org/10.1017/s0956618x00005366.
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The aim of this paper is to make a comparison between the legal status of religiously affiliated schools in America and those in Italy, taking into account the difference between the two legal systems in which these institutions operate, and the different understanding of Church-State relations (separatism in the USA, Church-State Agreements in Italy). First, the study examines the different juridical legal structures offered by the two legal systems to religious organisations to manage secular works and protect their property. Secondly it examines the problem of the access of religiously affiliated schools to the public funding necessary for these institutions to continue to develop their mission: in both legal systems religiously affiliated schools are constitutionally denied direct access to public funding, but some forms of indirect access have been gradually admitted. Thirdly, the article examines new perspectives opened by recent statutes (in Italy) and decisions (in the USA) that are altering the traditional relationship between public/private and religious/secular which are going to offer a new, more equal role to religiously affiliated schools in both systems, preserving their spiritual identity and ethos.
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Serebriakov, Andrei. "Actors in the sphere of issuing and turnover of digital financial assets: legal problems." Юридические исследования, no. 12 (December 2021): 10–19. http://dx.doi.org/10.25136/2409-7136.2021.12.34618.
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The new technological realities significantly affect the economic turnover, which due to digital transformation requires adequate legal regulation. Public relations complicated by digitalization need clarification of the legal status of their actors. The subject of this research is the legal status of actors in the sphere of issuing and turnover of digital financial assets. The research leans on the formal legal method for establishing the content of legal norms regulating the issuance and turnover of digital financial assets. The methods of analysis and comparison were applied for revealing the peculiarities of the legal status of the parties to relations in the sphere of issuing and turnover of digital financial assets. The novelty of this article in the fact that most sources focus on the digital financial assets as the objects of civil turnover, while there are no works dedicated to comprehensive analysis of the legal status of the actors in the sphere of issuing and turnover of digital financial assets. It is demonstrated that the key actors in the sphere of issuing and turnover of digital financial assets are the emitters or holders of digital financial assets, operators of information systems, and operators of the exchange of digital financial assets. However, the existing legal regulation does not contain an accurate mechanism for interaction between these parties. The author takes into account the complex nature of relationships between the emitters and the holders of digital financial assets, as well as the fact that digitalization affects only the external aspect of relations. As a result of analysis of the legal status of the operators of information systems and operators of the exchange of digital financial asset, the author highlights five groups of requirements that need to be met; as well as establishes gaps in determining the responsibilities of the operator of information system.
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Yesimov, S. S. "Peculiarities and content of tax legal relations in conditions of digitalization." Uzhhorod National University Herald. Series: Law 2, no. 81 (April 8, 2024): 127–34. http://dx.doi.org/10.24144/2307-3322.2024.81.2.20.
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The article examines the peculiarities and content of tax legal relations in the conditions of digitalization based on the current legislation. The object of research is a set of legal relations in the field of taxation that arise and develop in the conditions of digitalization. The subject is the principles and norms of tax law in the unified system of forms of European law implemented in the context of European integration. The methodological basis is represented by general scientific methods of knowledge and private scientific methods of knowledge - historical, statistical, structural-functional, comparative-legal, formal-legal. It is indicated that the increased influence of digital technologies on modern tax legal relations requires the scientific and professional community to carry out detailed research and revision of the entire complex of transformation of tax legal relations, as well as the development of the most effective models of relevant legal relations and guarantees of ensuring the rights of taxpayers in the digital reality. There are no unified approaches to assessing the legal consequences and content of the transformation of tax relations in the context of the development of digital technologies. It is noted that the introduction of digital technologies in the field of tax legal relations has led to the fact that the existing guarantees of ensuring the rights of taxpayers, established in the legislation on taxes and fees, as well as developed in the course of individual regulation of legal relations in the field of taxation, are insufficient to comply with European legal standards regarding the effectiveness and efficiency of restoration of violated rights. The implementation of digital technologies in the process of interaction between the state and society in the field of taxation involves not only the simplification of the corresponding interaction, but also the development of qualitatively new models of digital interaction based on the analysis of the existing legal regulation. The transforming effect of digitalization on tax legal relations is based on the communicative potential of digital technologies, the possibility of effective functioning of big data systems, simplified interaction of participants in tax legal relations, the possibility of automating operations in law enforcement and analytical activities of tax authorities.
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Fonotova, O. V. "Legal Foundation of Contractual Relations Regulation in Cross-Border Supply Chains." Lex Russica 75, no. 9 (September 22, 2022): 33–45. http://dx.doi.org/10.17803/1729-5920.2022.190.9.033-045.
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Global value chains (supply chains) have attracted close attention of representatives of the scientific, business and political circles. Foreign scholars and researchers have convincingly proved that the global value chain is an independent object for study in international commercial law.In recent years, the leading European legal systems have strengthened the protection of the most vulnerable participants in cross-border relations: workers, other individuals affected by the negative impact of global supply flows. In France, the UK, the Netherlands, Germany, Switzerland, as well as at the supranational level in the EU, legislation regulating supply chains is developing. By assigning responsibility to large corporations for cross border violations committed in chains coordinated by them, foreign law is focused on solving socially significant tasks.From a legal point of view, the supply chain is a complex, multi-level system of contracts subordinated to a uniform economic goal. The dominant legal regulation of private relations within supply chains has a non-state origin and is formed by private entities, mainly large multinational corporations. To explain the legal effect of such global regulatory systems, the paper introduces the concept of a «transnational legal order» based on the mechanisms of private law. The transnational legal order, along with the formation of binding (contractual) ties between entities, plays a unifying — organizing and coordinating — role in supply chains. In addition, it creates a platform for the international dissemination of national norms of law, as well as «voluntary» standards and rules formulated in private, social and ethical practices that are not initially endowed with legal force. The contractual form of consolidation contributes to their legitimization. The paper justifies the emergence of a new direction of research in the framework of international commercial law — transnational supply chain law.The trends in the development of international commercial law include digitalization, environmentalization, socialization, industry fragmentation and extraterritoriality of regulation.
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Muszyński, Mariusz. "Supremacy and Primacy: Hierarchical Relationships Between the Polish and EU Legal Systems and Their Guardians." Central European Journal of Comparative Law 4, no. 2 (December 29, 2023): 177–99. http://dx.doi.org/10.47078/2023.2.177-199.
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European Union (EU) law and Polish national law are two separate legal systems. However, they function together within the framework of the Law of the Republic of Poland, in line with the meaning of Article 8(1) of the Constitution and have legal effects within the territory of the Polish State. Also, their norms are directed at the same addresses and operate within the same Polish territory. This results in the possibility of collision, both at the levels of the binding force (dispute over the hierarchy of provisions) and the application of law (dispute over the primacy of application). Each system has instruments aimed at solving collisions. Each also has an organ (organs) guarding the system. The activity of the said organ is to guarantee internal coherence and the proper position in the event of a collision with the other system. This analysis presents relations between those systems at the normative level and among the guardians of those systems. The first case concerns the definition and explanation of the substance of legal instruments solving collisions at the level of the Constitution and EU Treaties, and the indication of existing similarities and disparities, and as a result, the indication of the spheres of potential collision. In the second context, the text discusses the legal position of the guardians of the systems, that is, in the case of national law – the position of the Constitutional Tribunal, the Supreme Court, and administrative courts, and in the case of EU law – the position of the Court of Justice of the EU (CJEU). It also indicates the field of mutual convergence and disparity, and defines the applied legal tools. The analysis embraces constitutional identity as a boundary for national concessions to the primacy of EU law.
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Serebryakova, T. Yu, and Yu V. Isakova. "Insolvency in the legal and economic context." International Accounting 23, no. 12 (December 15, 2020): 1340–55. http://dx.doi.org/10.24891/ia.23.12.1340.
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Subject. This article analyzes the law enforcement and economic practices of the use of the terms Solvency and Insolvency, assesses their identity and belonging to Law or Economics. Objectives. The article aims to justify the need for a clearer application of the term Insolvency for economic relations, legal relations, and relations arising on the interfaces between Law and Economics within the framework of economic expertise. Methods. For the study, we used general scientific cognition methods, systems approach, logical generalization, and abstraction. Results. The article says that while the economic essence of the categories of Solvency and Insolvency seems to be different in the opposite sign only, at first glance, in the economic and legal field, they have different meanings. This cannot be ignored in scientific and practical activities in related areas of Law and Economics interaction, such as the application of bankruptcy law and expertise, for example. Conclusions and Relevance. The terms Solvency and Insolvency should be distinguished. While the meanings are opposite apparently, there are differences in the term interpretation for the purposes of economic assessments of the financial standing and legal estimates of insolvency to establish bankruptcy. The results of the study are intended to develop theoretical views on economic categories of solvency and their status in legal relations. They can be used for scientific and practical activities related to economic expertise, solvency analysis, and for teaching legal disciplines on bankruptcy and expertise.
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Тонков, Евгений, Evgeniy Tonkov, Владимир Синенко, and Vladimir Sinenko. "Complex Branches in the System of Law and in Legislation System." Journal of Russian Law 4, no. 11 (October 31, 2016): 0. http://dx.doi.org/10.12737/22205.
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The article deals with the reasonableness of inclusion into legal science and system of law new complex branches of law. It often occurs in spite of the generally recognized principles of systems of law construction. The authors criticize the constant increase in the number of complex branches of law, assuming that complex branches can only exist in legislation. Isolation of complex branches in the legal system is an attempt to summarize the phenomenon on the basis of different methodological approaches. Formation of the system of law as opposed to the system of legislation is carried out on the basis of essential unity but not functional unity relations. Essential unity of social relations is characterized by the homogeneity of their qualitative characteristics due to socio-economic basis prevailing in a society. The building of the legal system on the basis of essential unity of the controlled relationship allows to apply a single method of legal regulation and to identify the presence of systemic relations between the norms of the individual branch of law and specific principles of legal regulation.
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Li, Xiang. "Platform Work in the Context of Big Data: Legal Issues and Countermeasures." Learning & Education 10, no. 2 (September 16, 2021): 231. http://dx.doi.org/10.18282/l-e.v10i2.2338.
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Based on the sharing economy and big data operation, platform work has the characteristics of platform dependence and digitalisation. However, traditional labour relations based on subordination theory and related standard systems are no longer applicable under the new employment model, which has led to difficulties in the identification of labour relations and judicial practice and has triggered several derivative contradictions. These contradictions will be aggravated by improvements in the sharing economy and the internal digitalisation of platform employment. Accordingly, the operating logic of platform-based employment and the essence of digitalisation should be emphasised to enhance the judgment standards of labour relations and strengthen the legal regulation of data platforms so as to provide legal and social responses for effective negotiation between labour and management in the context of big data.
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Purić, Sveto, and Milan Rapajić. "ODNOS CENTRALNE BANKE I GRANA DRŽAVNE VLASTI." Glasnik prava IX, no. 1 (2018): 39–65. http://dx.doi.org/10.46793/gp.0901.39p.
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Highly regulated legal relations in a single legal system reflects the level of legal culture of a nation. When it comes to standardizing the relationship between the branchеs of government and other subjects of the political system and the public, regulatory bodies and independent institutions that have a considerable degree of autonomy in their work and this is a sensitive issue. States authorities must fulfill their functions of creating the law, its execution, and creating a general national policy (and the creator of that creation is executive power) whose element is also economic policy. In this paper, the authors pay attention to defining a branches of power, starting from the triple division of functions of state power into legislative, judicial and executive. It is pointed out that there are different types of organizations, primarily the executive, ie parliamentary, presidential, semi-presidential and аssembly system Relations between the branches of government and the central bank are different in the legal systems. This has to do with the system of government organization and democratic relations in society. The primary function of the modern central bank is to control the supply of money and credit conditions in the country. The Central Bank is responsible for the conduct of monetary policy and in the achievement of its objectives it must not be blocked by two political branches of government: legislative and executive. The executive has the greatest responsibility for the state of the nation, and thus in some legal systems it still has a major impact on the central bank's staff structure.
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Selmani, Bashkim. "New Perspectives on Contractual Law in the Context of Real Contracts in the Systems of International Contemporary (Roman) Law." European Journal of Interdisciplinary Studies 1, no. 3 (December 30, 2015): 142. http://dx.doi.org/10.26417/ejis.v1i3.p142-151.
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This scientific paper aims at exploring and establishing whether national legal gaps or possible issues within the differences in the international contractual law of the European Union’s member countries and non-EU member countries can result in possible difficulties. In case there are legal problems and difficulties or practical concerns in this field, should the functioning of the internal trade and legal function through its interpretation hinder the process between the contracting parties in the event of entering a contract of international and interstate character within the law of obligations, and in cases of entering a contract, during its interpretation, while determining the rights and obligations or during other legal issues which have to do with the implementation of international private law and European international private law. Viewed from this angle, we need to consider the national and international private contractual law in the aspect of harmonization of the contractual law which may result in inconsistencies on a European level and broader. This would present an obstacle which restricts the fundamental legal-private rights of citizens as an advantage of individuals. They consist of three parts: personal relations between citizens, property relations between persons entitled as property trustees, as well as the procedural law which regulates the protection of subjective rights of personal and ownership nature. In practice, these face more difficulties in the private international law and European private international law, for example in: rules on property, ownership, real rights on other people’s belongings, liabilities and heritage in international character and elements.
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Selmani, Bashkim. "New Perspectives on Contractual Law in the Context of Real Contracts in the Systems of International Contemporary (Roman) Law." European Journal of Interdisciplinary Studies 3, no. 1 (December 30, 2015): 142. http://dx.doi.org/10.26417/ejis.v3i1.p142-151.
Full textAbstract:
This scientific paper aims at exploring and establishing whether national legal gaps or possible issues within the differences in the international contractual law of the European Union’s member countries and non-EU member countries can result in possible difficulties. In case there are legal problems and difficulties or practical concerns in this field, should the functioning of the internal trade and legal function through its interpretation hinder the process between the contracting parties in the event of entering a contract of international and interstate character within the law of obligations, and in cases of entering a contract, during its interpretation, while determining the rights and obligations or during other legal issues which have to do with the implementation of international private law and European international private law. Viewed from this angle, we need to consider the national and international private contractual law in the aspect of harmonization of the contractual law which may result in inconsistencies on a European level and broader. This would present an obstacle which restricts the fundamental legal-private rights of citizens as an advantage of individuals. They consist of three parts: personal relations between citizens, property relations between persons entitled as property trustees, as well as the procedural law which regulates the protection of subjective rights of personal and ownership nature. In practice, these face more difficulties in the private international law and European private international law, for example in: rules on property, ownership, real rights on other people’s belongings, liabilities and heritage in international character and elements.
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Kiseleva, O. A. "Theoretical and applied problems of interaction between the international and national legal systems." Law Enforcement Review 6, no. 1 (March 23, 2022): 50–62. http://dx.doi.org/10.52468/2542-1514.2022.6(1).50-62.
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The subject. The interaction of modern national legal systems and the international legal system is still the most controversial legal phenomenon. An exclusively national approach to solving issues of the general theory of international law could not and cannot justify expectations and close the need for legal comprehension. The situation is aggravated by the fact that, at the level of universal international law, the solution of issues on the agenda with the help of positive methods of legal regulation, and, consequently, the implementation of the norms of existing international treaties today are criticized, tested and often completely violated. The implementation of the norms of existing international treaties is increasingly faced with attempts to refute their postulates using the "customs" under which those "rules" are veiled. In such conditions, national legal systems may experience an increased "feeling of jealousy" to their sovereignty and try to "close" as much as possible using the principle of non-interference in the internal affairs of the state.Purpose of the study. In such conditions, it is most important to choose the right vector in improving international law, and not order, law based on normative principles. It is important to correctly "choose the key" to harmonizing the will of sovereign states of our time. The article is devoted to the search for a more correct way of developing international law through its interaction, and not counteraction with the national one.Methodology. The research was carried out using a formal legal interpretation of international legal acts, as well as a comparative analysis of Russian and foreign legal literature. Structural and systemic methods are also the backbone of the study. The conclusions of the work are based on dialectical unity and the struggle of opposites, as well as on interacting deduction and induction in relation to legal systems.The main results. The growing trend towards fragmentation of international law leads to a reduction in the base of sources in the universal sphere of international law. The intensification of regionalization and the creation of regional unions of sovereign states is becoming a source of polar processes: on the one hand, supranational control over the observance of international law by states within their legal system increases, on the other hand, natural situations of non-execution of decisions of international judicial bodies arise. Such situations, without a proper assessment of the reasons for the issuance of the international acts of law enforcement themselves, can lead to unfounded criticism. There is an impressive amount of work in the field of correlation between international and national law, as well as in the field of enforcement of decisions of international judicial bodies. Despite this, in the field of practical implementation of the norms of international law, there remains a lack of doctrinal developments. Such a situation will inevitably lead to attempts to create a semblance of a norm, an escalation of confrontation, and an inability to reach agreement on issues on the agenda. The situation at the level of the universal international legal system is aggravating, therefore, the verification of the limits of competence of regional education authorities, in particular of supranational judicial control bodies, becomes even more important.Сonclusions. The author comes to the conclusion that, on the one hand, in the sphere of universal international law, there is a reduction in the base of sources of international law. On the other hand, in the field of regional international integration, on the contrary, the number of sources of international legal regulation is increasing, and the process of their implementation is intensifying. Universal international law based on the principles of the UN Charter is the most qualitative regulator of the field of international public relations. However, at the present stage of development of the international community, regional integration may well come to its aid: through regional interaction, the consolidation of the wills of sovereign states can and should be achieved a legal constructive dialogue on key issues of already universal international law. Using the approaches of national legal regulation exclusively and unilaterally, it is impossible to productively approach issues of international law: neither in the field of creating international organizations of various types, nor in matters of fulfilling obligations under international law. According to the results of the study, it was concluded that only non-confrontational interaction of specialists in the field of international and national (primarily constitutional) law can provide the construction of the most effective model of interaction of these legal systems. This requires a transformation of the basic approaches to the issues of interaction between international and national law. The basic unity of the general theory of law and the specific features of legal systems should be the starting points for doctrinal research of existing legal structures and the practice of their implementation.
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Kulynych, Pavlo. "Digitalization of land relations and law in Ukraine: methodological and theoretical aspects." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 257–67. http://dx.doi.org/10.33663/0869-2491-2021-32-257-267.
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The article examines the methodological and theoretical issues of the formation of legal support for the digitalization of land relations in Ukraine. The author points out that the digitalization of land relations causes "profound" changes in their legal regulation and determines the clarification of the basic principles of land law of Ukraine. Thus, with the adoption of the Law "On National Infrastructure of Geospatial Data" laid the beginning of the formation in the land legislation of Ukraine the principle of availability of public data on land, which symbolizes the beginning of the era of digitalization of land relations. The essence of this principle is that all information provided by law and created in the process of maintaining the relevant state registers of land and related natural and other resources (geospatial data) as a multifaceted object of land and other legal relations are available to subjects of such legal relations in real time in the official form and to the extent that such access is provided by the computer equipment and software used by such subjects. As stated in the Concept of Development of the Digital Economy and Society of Ukraine for 2018–2020, digitization is the saturation of the physical world with electronic-digital devices, tools, systems and electronic communication between them, which actually allows integrated interaction of virtual and physical, ie creates cyberphysical space. In our opinion, this definition of digitization cannot be considered as correct. Firstly, saturation of the physical world with electronic-digital devices, means, systems and the establishment of electronic-communication exchange between them is neither the essence nor the purpose of digitalization, but is only a way to implement it. After all, the saturation of the physical world with electronic-digital devices can lead to any social result – both positive and negative. Secondly, the provision of integrated interaction of virtual and physical - the creation of cyberphysical space does not indicate how such cyberphysical space differs from ordinary physical space, in which social relations arise and are regulated by law. Therefore, the concept of digitalization needs to be clarified taking into account the specifics of the legal regulation of land relations. It is proved that the legal norms regulating the digitalization of public relations are an integral part of the administrative, civil, land and other branches of law. The conclusion is substantiated that the legal infrastructure of digitalization of land relations includes legal support for: 1) collection and formation of a system of information about the land using its remote sensing; 2) formation of promptly updated land databases; 3) the formation of a system of registers, portals and other service mechanisms that guarantee and provide access to such databases and the use of information about land in land legal relations. The author proves that legal support for digitalization of land relations is their legal regulation, the basic basis of which is information about the land (data-based legal regulation), which with the help of appropriate software includes the dynamics of qualitative and quantitative state of land in the mechanism of legal regulation of land relations, transforming this dynamic in such dynamics of land legal relations at which negative and positive changes in a condition of the earths automatically cause emergence, change, specification of the rights and duties of their subjects and form preconditions for application of the legal influence provided by the legislation on those subjects whose activity or inaction caused negative consequences in the condition of the lands. Finaly analysis of the modern system of land information required to ensure the digitization of land relations, gives grounds to identify such key components of its legal infrastructure as: 1) collection and formation of a system of such information through remote sensing of land (remote sensing); 2) formation of operatively updated land databases; 3) formation of a system of registers, portals and other service mechanisms, which guarantee and provide access to such databases and the use of information about land in land relations. Each of the selected elements of the system of information use in the process of digitization of land relations has a special legal mechanism.