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This paper highlights the history, typology, and implementation of Islamic law in Indonesia as well as proves that the law is a translation of both sharia and fiqh, rather than a historical evolution, as claimed by Ignaz Goldziher (1850 - 1921 AD) and some of his Muslim followers; nor does the law separate elements of ritual, muamalah, and politics as argued by Christian Snouck Hurgronje (1857–1936 AD), a stance that has deformalized Islamic law in Indonesia considering it an inferior legal institution. Focusing on Islamic civil law which is extracted from relevant literature sources, this paper shows that, to some extent, the influence of orientalists’ views is manifested, for example, in the books of Interfaith Jurisprudence and the Counter Legal Draft of Islamic Law Compilation (CLD - KHI) which have ample of "historical evolution" claims. In fact, the history, typology, and implementation of Islamic law in Indonesia have so far not only been for the benefit in the world but also in the hereafter. Thus, reforming Islamic civil law in line with the West’s human rights values, as done by CLD-KHI initiators, whom are greatly influenced by Ignaz Goldziher’s and Muhammad Anna'im’s "evolution of history", is like considering Islamic law limited to law for the world only, without any ukhrawi values., Tulisan ini menyoroti sejarah, tipologi dan implementasi hukum Islam di Indonesia serta membuktikan bahwa hukum merupakan terjemahan dari syariah dan fiqh, bukan evolusi sejarah, seperti yang diklaim oleh Ignaz Goldziher (1850 - 1921 M) dan beberapa pengikut Muslimnya; hukum juga tidak memisahkan unsur ritual, muamalah, dan politik sebagaimana dikemukakan oleh Christian Snouck Hurgronje (1857–1936 M), suatu sikap yang telah mendeformalisasi hukum Islam di Indonesia dengan menganggapnya sebagai lembaga hukum yang inferior. Berfokus pada hukum perdata Islam yang disarikan dari sumber-sumber literatur yang relevan, makalah ini menunjukkan bahwa, sampai batas tertentu, pengaruh pandangan orientalis diwujudkan, misalnya, dalam buku-buku Fiqih Antar Agama dan RUU Kontra Hukum Islam. Kompilasi (CLD - KHI) yang memiliki banyak klaim "evolusi historis". Padahal, sejarah, tipologi dan implementasi syariat Islam di Indonesia selama ini tidak hanya untuk kemaslahatan di dunia, tetapi juga di akhirat. Dengan demikian, pembenahan hukum perdata Islam yang sejalan dengan nilai-nilai HAM Barat, seperti yang dilakukan oleh para penggagas CLD-KHI, yang sangat dipengaruhi oleh "evolusi sejarah" Ignaz Goldziher dan Muhammad Anna'im, seperti menganggap hukum Islam terbatas pada hukum untuk dunia saja, tanpa nilai ukhrawi.

Most countries have many pieces of legislation that govern biodiversity, including a range of criminal, administrative, and civil law provisions that state how wildlife must be legally used, managed, and protected. However, related debates in conservation, such as about enforcement, often overlook the details within national legislation that define which specific acts are illegal, the conditions under which laws apply, and how they are sanctioned. Based on a review of 90 wildlife laws in 8 high-biodiversity countries with different legal systems, we developed a taxonomy that describes all types of wildlife offenses in those countries. The 511 offenses are organized into a hierarchical taxonomy that scholars and practitioners can use to help conduct legal analyses. This is significant amidst competing calls to strengthen, deregulate, and reform wildlife legislation, particularly in response to fears over zoonotic threats and large-scale biodiversity loss. It can be used to provide more nuance legal analyses and facilitate like-for-like comparisons across countries, informing processes to redraft conservation laws, review deregulation efforts, close loopholes, and harmonize legislation across jurisdictions. We applied the taxonomy in a comparison of sanctions in 8 countries for hunting a protected species. We found not only huge ranges in fines (US$0 to $200,000) and imprisonment terms (1.5 years to life imprisonment), but also fundamentally different approaches to designing sanctions for wildlife offenses. The taxonomy also illustrates how future legal taxonomies can be developed for other environmental issues (e.g., invasive species, protected areas).Creación de una Taxonomía Mundial de Ofensas a la Fauna Resumen La mayoría de los países tienen muchos instrumentos de legislación que gobiernan la biodiversidad, incluyendo una gama de disposiciones de leyes criminales, administrativas y civiles que declaran cómo se debe usar, manejar y proteger legalmente a la fauna. Sin embargo, los debates relacionados a la conservación, como el cumplimiento de las leyes, generalmente ignoran los detalles dentro de la legislación nacional que definen cuáles actos específicos son ilegales, las condiciones bajo las cuales aplican las leyes y cómo son sancionadas. Con base en una revisión de 90 leyes relacionadas con la fauna en ocho países con una gran biodiversidad y diferentes sistemas legales, desarrollamos una taxonomía que describe todos los tipos de ofensas a la fauna en aquellos países. Las 511 ofensas están organizadas en una taxonomía jerárquica que los académicos y los practicantes pueden usar para ayudar a realizar análisis legales. Lo anterior es significativo en medio de las peticiones competitivas por fortalecer, desregular y reformar la legislación de la fauna, particularmente como respuesta al miedo por las amenazas zoonóticas y la pérdida a gran escala de la biodiversidad. La taxonomía puede usarse para proporcionar análisis legales más matizados y para facilitar las comparaciones igual-por-igual entre los países, informar los procesos para reformular las leyes de conservación, revisar los esfuerzos por desregular, cerrar los vacíos legales y armonizar la legislación entre las jurisdicciones. Aplicamos la taxonomía en una comparación de las sanciones aplicadas en ocho países a la caza de especies protegidas. Encontramos no sólo una gama enorme de multas (de US$0 a $200,000) y términos de encarcelamiento (de 1.5 años a sentencias de por vida), sino también estrategias fundamentalmente diferentes para el diseño de las sanciones para las ofensas a la fauna. La taxonomía también ilustra cómo pueden desarrollarse las siguientes taxonomías legales para otros temas ambientales (p. ej.: especies invasoras, áreas protegidas).

Problem setting. The current state of scientific researching the issue of venture investment of innovation activity suggests that the presence of mixing in research of diverse concepts in the field of venture investment innovation, reflection in regulations of the uncoordinated categorical definitions, leads to negative consequences in the form of legal uncertainty or even conflict, that significantly slows down the process of attracting investment. Therefore, the idea is that the building effective mechanisms of civil law regulation of venture investment of innovation activity of Ukraine in order to accelerate the commercialization of innovations as a major driving force of economy during the spread of COVID-19. Analysis of recent researches and publications. O. M. Vinnyk, S. O. Vikhrov, S. V. Hlibko, T. S. Hudima, Y. M. Zhornokuy, D. V. Zadykhaylo, O. YU. Kampi, O. P. Podtserkovnyy, V. V. Poyedynok, V. Y. Polatay, O. E. Simson have been researched the subject of innovation and investment activities. Theirs scientific minds formed the basis of this research, but the author has analyzed the current state of legislation in the given field and concluded that, in terms of civil law regulation of legal relations aimed at investing in innovation sphere, does not meet the global vector of development. To date, no systematic approach to building a holistic regulatory framework for the basic principles of formation and regulation of the venture capital market in Ukraine. So in the conditions of legislation of civil law the issues of venture investment of innovation activity in Ukraine remains open for new discussion, and the relevance of this study is obvious. Target of research is to analyze and identify the concept of venture investment of innovation activity, to determine its essence and characteristics in the civil law aspect. Article’s main body. Venture capital investment, as an element of the national innovation system, ensures the effective implementation of venture capital in the activities of private legal entities operating in the field of innovation, on a corporate or contractual basis. The high risks of such investment are due to the novelty of commercialized innovations and the early stage of bringing new high-tech products to market, created on their basis, and are reduced using of special legal forms and tools. Venture investment of innovation activity as a civil law category is a type of activity of venture investors to acquire shares (shares in the authorized capital) of legal entities of private law, carrying out innovative activities at an early stage of bringing their innovative product to market or (and) its scaling, aimed at obtaining a high level of profit from the subsequent sale of these shares (shares), characterized by high risks and long-term return on invested capital. Conclusions and prospects for the development. Analysis of the concept under this research allows us to conclude that venture investment of innovation activity is special value to the economy nowadays, demonstrating high growth potential during the spread of COVID-19. Therefore, its legal definition and legislative consolidation, taking into account the essence and characteristics, is a particularly urgent need for today's civil law regulation.

Keywords: moral rights, assisted reproductive technologies, legal category The author analyzes the legal concept of «assisted reproductive technologies», which is presentedin the works of Ukrainian and foreign scientists. Given the nature and essence of theuse of assisted reproductive technologies as social relations, the author concludes thatthe main part of the researches belongs to the Civil Law branch of scientific knowledge.It is because the right to assisted reproductive technologies is a part of the system ofmoral rights which are the part of the regulation of Civil Law. At the same time, withinthe legal literature the doctrinal understanding of assisted reproductive technologieshave rather multifaceted, but ambiguous nature of its' scope.Thus, the content of the views of scientists which are analysing in the article, reflectsthe provisions on: a) the functional purpose of assisted reproductive technologies; b) thecontent of their application in the determined cases; c) their instrumental understandingas a set of manipulations (methods, techniques, etc.); d) the exceptional importance of these technologies as the main means of overcoming infertility and solving demographicproblems of today; e) innovative nature of use in the medical field.In addition, at the level of modern legal doctrine, the scientific researches of legal aspectsof assisted reproductive technologies is multi-vector, especially in terms of studyingtheir medical and legal nature, content and consequences, accompanied by increasingrelevance of their knowledge under the influence of rapid medical development, inventionand implementation of new medical technologies, including in the field of human reproduction.Generally modern scientific researches on the legal aspects of assisted reproductivetechnologies is represented by a wide range of scientific works, but most of them aremulti-vector in nature, and scientific conclusions are mostly scattered and not systematized.In fact, the «harmony» of the conceptual and categorical apparatus for assisted reproductivetechnologies is important for the formulation of a scientific problem and thedefinition of methods for its further resolving.

The subject of the article is the study of the theoretical and legal aspect of the development of the institution of accessory obligations. The genesis of the category of "accessory" in Roman law is considered, where the formula of the ancients is derived: the validity of the accessory legal relationship is predetermined by the reality of the basic legal relationship, and was quite simple and concise, there is no basic obligation - no additional one. The evolution of "accessory" in domestic civil law is revealed, which consists in the following: in pre-revolutionary civil law, the theory of security deviated from accessory for the sake of convenience for the circulation of security obligations; in the Soviet period, the identification of the terms "security" and "accessory" obligation took root in the scientific circulation; and at the present stage of development of the theory of accessory in Russian civil law, the concept of "accessory" is identified with a security obligation.The author comes to the conclusion about the multidimensionality of the category of "accessory", which consists in the fact that in the course of the development of law, the understanding of accessory obligations has undergone significant changes, going from the perception of accessory as a kind of obligation that ensures the return of debt and the transfer of "belonging" to the goods sold, to its identification with security obligations in general. Gradually, in the legal doctrine, the opinion was fixed that different types of obligations have the property of accessory, and each of them has its own characteristic features and has its own specifics. According to the authors of the article, the further development of the civilistic doctrine of the accessory of obligations will contribute to the final consolidation of the definition of "accessory" within the framework of Russian civil law.

According to the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch = ABGB) from 1811, there were almost no possibilities for a woman to obtain guardianship of a child. Instead, the married father possessed paternal authority (patria potestas), which included the sole guardianship of his legitimate children. If the father was unable to exercise paternal authority, the courts had to appoint a guardian for his minor children. Based on the assumption that the female gender lacked the necessary abilities, women were generally excluded from guardianship. Only at the end of the 19th century did the women’s movement start to mobilize against the frequent exclusion of women from the guardianship of their own children. Moreover, the drastic neglection of the young made legal reforms ever more urgent. The legal possibilities open to women for taking over guardianship of a minor were first extended with the legislative amendment to the ABGB in 1914 (1. Teilnovelle 1914). This paper will focus on the causes for the extension of legal possibilities of women concerning guardianship due to the first legislative amendment.

The corporate governance as a regulatory system has started a journey towards independence for a while, and sooner or later it will turn into a self-standing field of science. This process is facilitated not only by its transdisciplinary nature, which combines legal science with economic science, within the civil law, the corporate law, business economics, management and organizational science, but also, in the case of state-owned companies, with public administration and proceedings law. The timeliness of the topic is illustrated by the prolonged transition to market economy following the 1989 regime change, the controversial application of company law, the scandals around certain privatization processes, the bankruptcy of many important state-owned enterprises, all of these bringing about a willingness to establish a regulatory framework. Taking into consideration the above short presentation, the subject of our analysis is very complex; this article intends to limit the examination to the Bucharest Stock Exchange Corporate Governance Code, investigating it in comparison to the provisions of the Romanian legal system. At the same time, it sets as an objective to make use of a concrete example (the most important Romanian state-owned joint stock company listed at the Bucharest Stock Exchange), Romgaz, in order to present the reader the ways and circumstances of the implementation of the general principles and provisions to comply with , as included in the Code.

The paper is devoted to the examination of some legal aspects of the legislative regulation of public relations in the field of large-scale international research infrastructures. The author identifies the features of public relations in the field of Megasience, examines various approaches to the definition of this category. In particular, it is determined that it is the rules of financial law that regulate the complex of public relations within which public financial activities are carried out in the field under consideration, namely: relations concerning financing at the expense of centralized funds (budgets) as well as using extrabudgetary sources for creating large-scale research infrastructures — unique scientific Mega-science installations; relations associated with the application of various tax incentives and preferences, investment tax credits by scientific and other organizations involved in the implementation of Megascience projects; financial control and supervision relations in the process of creation and operation of global research infrastructure facilities. The author makes proposals concerning the need to develop and adopt a special federal law of the Russian Federation regulating public relations in the field under consideration, as well as public relations in the field of international collaboration related to the implementation of international research activities based on Megascience facilities by the States Parties to such activities. The author gives possible definitions of key concepts applied in the field of Megasience.

The current legal system is not designed to pursue satisfying action in criminal court for hate crimes or fine art crimes. However, the civil court system in the United States might provide a more fruitful avenue in combatting these crimes. The burden of proof is lessened to preponderance of evidence. Compensatory and punitive damages awarded in civil cases against hate groups appear to create a more significant financial impact than reparations in criminal cases. Known forprofit entities engage in both of these types of crimes. Due to the limitations of criminal legal solutions in the United States, pursuing a civil legal approach might prove more effective in combatting cases involving hate crime as well as illicit antiquities and fine art.

The Papyrology Rooms of the Sackler Library, Oxford, preserve the correspondence of the two famous papyrologists, B.P. Grenfell and A.S. Hunt, conducted with numerous scholars from Britain and continental Europe. The main subject of this correspondence is the editing of the texts found in the Oxyrhynchus papyri. On some of the most important legal papyri, namely P.Oxy. 1814, 2089 and especially 2103 (the ‘Oxyrhynchus Gaius’), Hunt sought out the collaboration of Roman law scholars such as F. de Zulueta, W.W. Buckland and E. Levy, who all participated to a varying degree in the editorial process of these legal documents. These letters, some of them hitherto unknown, are here published for the first time. They reveal the extent of the collaboration especially between Hunt and de Zulueta, the Regius Professor of Civil Law in Oxford. In addition to this correspondence, another letter on the same theme was discovered in the University Library of Aberdeen, where de Zulueta’s personal library is now located. It was sent to de Zulueta by the Italian Roman law scholar V. Arangio-Ruiz, who was then editing the PSI 1182 (the ‘Florentine Gaius’), and shows the ongoing dialogue between the two scholars on this important legal papyrus. Taken together, these letters allow a reconstruction of the editorial process applied to some of the most significant witnesses of Roman law sources unearthed in the 20th century. This in turn provokes reflection on the desirability of submitting the standard editions of these sources to a new critical analysis.

تتناول هذه الدراسة قضية المركز القانوني الذي يمكن أن يكرس مستقبلًا لجيل جديد من الإعلاميين، برزوًا عبر الإنترنت، هم "اليوتيوبرز"؛ لذلك وفي ظل عدم وضوح صفتهم الإعلامية حاليًّا بسبب الفراغ القانوني الصريح، سواء ضمن قوانين الإعلام والاتصال، أم ضمن قوانين العمل، وأيضًا في ظل عدم وضوح مركزهم من المسؤولية التي يمكن أن تثار، سواء في القوانين المدنية، أو القوانين الخاصة بتنظيم الإنترنت، أو المعلوماتية. نجد أنه يلزمنا إعادة النظر في شرط الاحتراف والخبرة الإعلامية المفروضة؛ من أجل ممارسة الإعلام الصحفي عبر الإنترنت (بالنسبة إلى "اليوتيوبرز" أو بالنسبة إلى "منصة اليوتيوب")، بعد النجاح المبهر للهواة الصحفيين عبر اليوتيوب. ثم أيضا يجب علينا تحديد من تقع عليهم المسؤولية في حالة حدوثها، خاصة إذا ما علمنا أن المسؤولية عبر اليوتيوب "من المسائل المعقدة؛ إذ إنها تختلط وتفترق في أحوال فصل فيها القانون، وأخرى فصل فيها القضاء، وأخرى ما زال الجدل قائمًا بشأنها فقهًا. This study addresses the question of the legal status that could be devoted in the future for a new generation of journalists, "the Youtubers". However, given the lack of clarity in their journalistic quality caused by the explicit legal vacuum, whether in the context of media and communication law or in the context of labor law, and given the lack of visible clarity on their position of responsibility either in civil law or in internet regulation law, we suggest rethinking about the professional experience constraint imposed on the practice of journalism on the internet. Then, it is also necessary to specify who bears the responsibility in the event of an occurrence, taking into consideration that this responsibility involves many complexes. A responsibility of "Youtubers" has become common or distinct in accordance with what the law or courts decide, , while other controversies still remain under discussion.

The study addressed the impact of the Corona virus (Covid-19) on labour contracts in Qatari and Palestinian labor laws, while these two laws did not include special and explicit provisions dealing with the case in question. The study used the comparative analytical method to characterize the pandemic, and the governmental measures taken in this regard, to apply the result of this characterization to labour contracts and the potential disputes that arise therefrom. The study aimed at finding legal solutions to these various disputes in a manner consistent with the labor law, its various sources, and the civil law. It is concluded that the current legal texts in labor laws and the general rules of the theories of force majeure and hardship are not appropriate in such a context. Accordingly, the study calls for legislative interventions to address the impact of unusual public incidents and closure of facilities on the obligations of parties to labor relation

The article is devoted to the consideration of the main approaches in science regarding the perception and explanation of the nature of international law and its significance. In the current sense, international law is a set of rights, which include civil law, in part public law. Another important component of the article is analytical work on the principles of international law, which certainly play an important role in international and domestic policy. The principles are the logical, legal, philosophical, psychological and linguistic rules used in the activities of international society. Today, the relations between the states are becoming more and more important, which is confirmed by the constant development of relations in various spheres: labor, civil, trade and economic, military, political. Such relationships are becoming more and more widespread and diverse in their approaches to understanding and interpreting them. The proper development of such relations is ensured primarily through legal regulation, so, with a qualitative level of regulation, both externally and internally. In turn, in the case of an improper level of regulation, the action will be the opposite, in which case there may be legal conflicts, inhibitions and obstacles to development. International law plays an important role in the legal and political regulation of relations between states. After all, it determines the level of favorable legal regime that is formed for the subjects of international relations, including their property relations with each other. Currently, Ukraine has chosen a development strategy, where such relations play an important role in creating favorable conditions and a legal climate. In view of the above, it can be argued that international law has occupied a unique niche in the legal system, and that is why the question of origin and status in the legal system is widespread and needs detailed analysis.

Attention to the effectiveness of modern lawmaking, its prognostic assessments and optimization of law enforcement has not weakened. The consideration of these problems from the point of view of system analysis requires creative interaction of various structures interested in improving state-building, balanced development of the legal system, ensuring the effectiveness of its impact on society, strengthening the rule of law and order in the country. One of the most effective forms of such coordination is the Scientific and Methodological Council created under the Prosecutor of the Omsk region, a special task among the many of which the development and discussion, together with legal scholars, of scientifically based recommendations on problematic issues of prosecutor’s supervision, legislation and law enforcement practice, legal advisory opinions on issues arising in the practice of prosecutor's supervision. The article proposes to discuss some actual problems of law enforcement raised at one of the meetings of the Scientific and Methodological Council under the Prosecutor of the Omsk region. In particular, the problematic issues of the qualification of actions of persons under Article 165 of the Criminal Code of the Russian Federation (causing property damage by deception or abuse of trust) related to the misuse of funds of resourcesupplying organizations are considered. In this regard, the position is expressed, according to which the process of qualifying a person's actions according to the examined norm requires an analysis of civil law relations. In the second part of the material, the problematic issues of determining the jurisdiction in the proceedings based on the materials of inspections and criminal cases against persons specified in Article 447 of the Code of Criminal Procedure of the Russian Federation, but who have lost their status, are considered. In solving this problem, the actions of Chapter 52 of the Code of Criminal Procedure of the Russian Federation are proposed to be fully extended to the special person specified in it, who at the time of initiating a criminal case lost their official position, but on the condition that the subject of criminal prosecution is a crime committed by one of these persons during the period of their special status. In addition, consideration of other features of criminal proceedings of this type should depend on the specific investigative and judicial situation, and the jurisdiction of criminal cases against “special persons” who have lost their status should be determined according to the general rule of Chapter 52 of the Code of Criminal Procedure of the Russian Federation.

Threats to consumer and social security in the conditions of imbalance of interests of parties under consumer loan contracts result in the necessity to adjust the current legislation. The significant increase in litigation between borrowers and lenders confirms the need to find new approaches to the regulation of the area in question. The aim of the research is to analyze the most common forms of unfair behavior of credit and microfinance organizations in the light of the implementation of fundamental principles of civil law. The main attention is paid to the determination of essential criteria of the principle of integrity. The paper provides for the comparison between different approaches to understanding its content in fundamental jurisprudence, the possibility of their implementation in law enforcement.The paper uses methods of legal model analysis, formal-legal and system-structural methods. Comparative analysis of the norms of current Russian and foreign legislation, as well as the method of law enforcement monitoring. It allows us to offer tools to restore the balance between the interests in execution of consumer loan contracts.According to the results of the study, the author compiles a list of characteristics of the principle of integrity with due regard to such factors as lack of information about a difficult financial situation of the borrower or other circumstances preventing the conclusion of a contract, the prohibition of the inclusion of asymmetric and arbitrary terms of the contract, mandatory consideration of public interest, etc. The listed elements of the criteria will contribute to the balance of interests of the parties in the antinomy of the principles of integrity and freedom of contract. The author makes the conclusion that it is expedient to include algorithms of implementation of fundamental principles of regulation in special laws, which will contribute to harmonization of interests of participants of civil legal relations in the field of consumer lending.

The paper is devoted to the problem of using the work of another person in the intellectual field, primarily in literary activity. The involvement of ghostwriters in writing literary works has created a legal phenomenon when the subject matter of contractual relations represents the inalienable non-property right, namely: the right of authorship the transfer of which is not possible in many jurisdictions, and in others, despite the absence of an explicit prohibition, there is no legal regulation of such alienation. However, the existence of ghostwriters cannot be assessed as a unique phenomenon of modernity. In our time, they have only gained new forms and a special place not only in the literary, but also in the scientific field. In this regard, the establishment of legal mechanisms for attracting and regulating ghostwriters is more effective than the establishment of a system of prohibitions.In the conditions of changing publishing businesses and increasing ways and forms of proof, questions about the authenticity of a person's authorship began to arise increasingly, especially in the field of scientific and scholarly literature, where the work of "new" researchers is often used. The issue of assignment of the right of authorship (copyright) — a fundamental property right — is treated differently in different legal systems. The continental system of law relies on impossibility of transferring copyright from one entity to another as part of a civil law transaction. Therefore, instances of attribution of authorship are assessed in the context of criminal or administrative law. It forms the legal essence of the division of rights of authorship into property and nonproperty ones: any commercial rights to intellectual property can be ceded except the authorship.

The author makes an attempt to determine tendencies for the development of the legal regulation of property relations between spouses based on the approved amendments and expected changes in the legal regulation, established jurisprudence and with due regard to the goals of family law regulation and models of contractual regulation of property relations between spouses enshrined in positive law. The paper considers in detail the following trends: enforcement and development of provisions concerning contractual regulation of property relations between spouses and their common property, law enforcement and development provisions concerning contractual regulation of the property relations between spouses for the provision of mutual maintenance.The author comes to the following conclusions. Firstly, the family law regulation of contractual relations concerning the common property of spouses and law enforcement as a whole comply with the goals of the family law regulation. Secondly, civil law regulation and law enforcement in terms of contractual property relations between spouses strengthen the "pro-creditor" approach and limit contractual freedom of spouses. Thirdly, the prospects for regulating the legal and contractual regime (with the stronger "pro-creditor" approach) may result in changes in the systemic interpretation and law enforcement of provisions concerning the contractual regulation of spousal property and they can contradict the goals of family law. Fourthly, the regulation of contractual relations between spouses concerning maintenance shows sufficient stability and general conformity with the goals of family law regulation, but does not exclude the search for options to expand its limits through the rules of the Family Code of the Russian Federation, while the practice of applying these provisions indicates a "pro-creditor" approach and non-compliance with the goals of family law regulation.

The article examines the genesis of the legal institutions of purchase and sale, sale and delivery in the Russian state in the context of historical conditions that influenced the formation and development of the triumvirate of the relevant contracts. The author of the article analyzes the objective prerequisites, significant changes in the social and economic life of the state, the complication of social relations, as a result of which all the considered agreements arose. The article identifies and investigates the political and legal processes associated with the further evolution of these institutions, as well as the factors that determined their content.

This article examines the legal aspects of the cancellation of marriage due to identity forgery based on the case of the South Jakarta District Court Decision Number 586 / PDT.G / 2014 / PN.JAKEL , this is regulated in Law number 1 of 1974 concerning Marriage. This research uses normative juridical research, which refers to the provisions of positive laws and regulations in Indonesia among the laws and regulations on Marriage by knowing the procedures of the marriage law and making it a guide in resolving problems in society. The results of the study found indicators of legal aspects between husband and wife that arise because of marriage between them. AThere are different nationalities, so that it becomes a study of International Civil Law and mixed marriage problems in Indonesia between Jessica Iskandar and Ludwig Frans Willibald regarding the validity of the marriage certificate so that it can be canceled and legal consequences after marriage cancellation. So there are important things that need to be considered if there is someone foreigners or non-citizens of Indonesian citizens who will conduct a mixed marriage with an Indonesian citizen. The marriage procedure is regulated in the Implementation Regulation of the Marriage Law, namely Government Regulation No. 9 of 1975 So that there are important things that need to be considered in the applicable marriage law, it should be known about the legal aspects and legal consequences according to the legal aspects in Indonesia.

There are two general pathways towards climate change litigation in China: tort-based litigation to hold carbon emitters accountable in civil law, and administrative litigation against the government to demand better climate regulation. While the first pathway is gaining momentum among Chinese scholars, this article argues that legal barriers to applying tort-based rules to climate change should be fairly acknowledged. The article argues that China's legal framework for environmental impact assessment (EIA) provides more openness and flexibility for the resolution of climate change disputes. Therefore, EIA-based climate lawsuits, which challenge environmental authorities for not adequately taking climate change factors into account in decision-making processes, encounter relatively fewer legal barriers, require less radical legal or institutional reform, and have greater potential to maintain existing legal orders. The regulatory effects produced by EIA-based litigation suggest that the scholarship on climate change litigation in China should take such litigation seriously because it could influence both governments and emitters in undertaking more proactive efforts. This China-based study, with a special focus on judicial practice in the largest developing country, will shine a light on China's contribution to transnational climate litigation.

The article discusses the current state of the ongoing process of private law recodification in the Slovak Republic. Despite the efforts promised by every new government, to this day, none of them have achieved a recodification of civil law that would ultimately result in unambiguous treatment of, in particular, the so-called questions of values, nor have any of them seen through the creation of a codex, which has long been required. The need for recodification first became apparent even before the November 1989 Revolution. The focus of the expert public post-revolution was on filling the legal vacuum that came about through the abolition of the Economic Code and the Code of International Trade and on substituting them with a new and equivalent legal regulation. Due to time constraints and the urgent need for a solution to the given situation, the country failed to adopt a single universal regulation for private law; instead, the so-called major amendment of the previous Civil Code was adopted. This state has since prevailed; thus, Slovakia’s legal system is still subject to a Civil Code from 1964, amended on several occasions, as well as the Commercial Code from 1991. This is despite the numerous attempts to recodify private law, the last attempt having been introduced to the public at the end of 2018. The form of this reform was, however, surprising. Slovakia saw a change in governments in 2020, and the new government has, to date, declared other priorities in the domain of justice. It is, therefore, difficult to say whether the new government will adopt the ambition to recodify private law and, if so, to what extent it will succeed in completing this goal.

Статтю присвячено дослідженню особливостей провадження щодо розгляду та вирішення адміністра­тивних справ щодо реалізації права на мирні зібрання, адміністративно-правового забезпечення права на мир­ні зібрання. Проілюстровано аналіз судових рішень, оскільки законодавець наділив повноваженнями встановлюва­ти обмеження щодо реалізації права на мирні зібрання тільки суд, який може скористатися ними відповідно до Конституції України лише в інтересах національної безпеки і публічного порядку. У дослідженні наголошено на важливості забез­печення права на мирні зібрання та актуальності пи­тання виконання судових рішень у разі відкриття проваджень щодо обмеження права на мирні зібрання, розгляд яких зараховано до компетенції суду. Географічно-політичне місце України у двигу­ні європейських перегонів великої політики диктує не зовсім простий (а подеколи й трагічний) шлях со­ціально-політичного руху соціуму громадян - брати безпосередню участь у вирішенні економічних та соці­альних програм. Ураховуючи процеси становлення держави та три­валого реформування різних державних інституцій, свобода та право громадян на мирні зібрання ставить перед органами влади питання відповідності актив­ності громадян у вирішенні своєї участі на держав­ному та регіональному рівнях, відстоювання своїх інтересів шляхом вираження та донесення поглядів та незгоди до державних та місцевих структур влади. Постає питання законодавчого та практичного регу­лювання такого болісного питання, як відносини вла­ди та суспільства, шляхом урегулювання проведення мирних зібрань та активних («без зброї») акцій впливу на державні установи різного рівня. Спираючись на міжнародний досвід урегулювання права на мирні зібрання, запропоновано шляхи підви­щення ефективності механізму адміністративно-пра­вового забезпечення права на мирні зібрання, які по­лягають у створенні внутрішньодержавного механізму контролю над дотриманням міжнародних стандартів прав та свобод людини, а також розвитку можливо­стей звернення до Європейського суду з прав людини, якщо та чи інша проблема не вирішена на національ­ному рівні. Доведено, що навіть досить невелике коло чинних норм, що закріплені у законодавчих актах різ­ ного рівня, які гарантують забезпечення права на мир­ні зібрання, часто виявляють певну неузгодженість у змісті окреслених прав, особливо з позицій суб’єктів права на свободу мирних зібрань: Конституція Укра­їни таким суб’єктом називає громадянина, а цивіль­не законодавство - фізичну особу. Доведено потребу у впровадженні міжнародних стандартів забезпечен­ня права на мирні зібрання, насамперед стандартів європейської спільноти, що пов’язано з євроінтегра- ційними прагненнями України. Адже впровадження європейських стандартів і дотримання їх суб’єктами публічної адміністрації є однією з передумов інтеграції України в європейський правовий простір.

Chế định thừa kế là một chế định đặc biệt quan trọng trong ngành luật dân sự Việt Nam, điều chỉnh một loại quan hệ xã hội hết sức phổ biến, gần gũi với thực tiễn cuộc sống. Trên thực tế, số vụ tranh chấp về thừa kế luôn chiếm tỷ trọng lớn trong các tranh chấp dân sự. Đặc biệt, các tranh chấp về thừa kế hết sức đa dạng và có tính phức tạp cao, đôi khi còn tồn tại nhiều quan điểm khác nhau trong quá trình Tòa án áp dụng pháp luật để giải quyết tranh chấp. Trên cơ sở nghiên cứu một bản án cụ thể về giải quyết tranh chấp về thừa kế tài sản là quyền sử dụng đất và tài sản trên đất, bài viết tập trung bình luận và đưa ra phương hướng áp dụng pháp luật về thừa kế trong một tình huống cụ thể.

Summary The research analyses incongruent Polish and British criminal law terms. British terms are the names of legal institutions characteristic of three independent legal systems: of England and Wales, Scotland or Northern Ireland. The Polish terms that have been discussed come from the Polish Criminal Code Act of 6 June 1997 (Journal of Laws 1997 No. 88 item 553). Moreover, they are legal terms pursuant to their interpretation by Morawski (1980, p. 187). The English equivalents under analysis have appeared in four Polish Criminal Code translations into English. The research aims at a verification of whether or not the classification of translation methods applied in the Polish-English translation of incongruent succession and family law terms (called civil law terms) (Kizińska, 2015, p. 175–178) encompasses translation methods used in the process of translation of incongruent law terms characteristic of criminal law into English. In the paper the translation method is interpreted according to the definition by Hejwowski (2004, p. 76). In the theoretical part of the paper the following linguistic phenomena have been presented: a term (by Zmarzer & Lukszyn, 2001, p. 9) and incongruity of terms (by Šarčević, 1989, p. 278). In the initial stage of the analysis the definitions of a given Polish term and its suggested equivalents have been compared. Next, the appearance of a given equivalent in the sources of British law texts as well as the English language has been checked to determine the translation methods used while forming a given equivalent. Finally, the list of translation methods applied has been drafted, to conclude, among other things, that the translation methods presented in the above-mentioned typology of translation methods applied in the translation of incongruent civil law terms from Polish into English are to be determined as exclusively primary or secondary.

This study aims to reveal the legal verses in the Koran, especially the legal verses about human relationships (habluminannas) that have been written in the Koran, as a guide or reference for Muslims. Especially in the case, the number of verses regarding muamalah law is relatively small, especially when compared to the law verses on worship. While the development of life seems to continue to change. while the verse has no changes and additions. This research was conducted with literature study, data collection techniques using documentation techniques with data analysis, namely content analysis. The results show that the verses of muamalah law are classified into 7 (seven) sections, including those related to family law, civil law, criminal law, procedural law, administrative law, economic law, and finance. The verse of law regulates fellow human beings or muamalahs which provide little opportunity for Muslims to implement muamalah activities in accordance with the guidelines contained in the Koran and Hadith, if not explicitly explained it is supported by other legal products such as ushul fiqh and kaedah- fiqh principles.

This article examines the phenomenon of pluricentrism in languages for legal purposes in the contexts of legal translation teaching. The purpose of the research is to discuss the teaching problems stemming from the coexistence of different language varieties of pluricentric languages in a legal setting, and how this can affect translation decisions. The research focuses on English and German. The authors apply the method of comparative law analysis and the parametriccomparison to identify differences and similarities in legal terminology, in order to develop the resulting didactic implications for legal translation courses. The methods used in the article encompass: the analysis of comparable texts, the terminological analysis of research material (the method of comparative law analysis and the parametric comparison of terminology), the theory of skopos, and an analysis of the relevant literature. The research material mostly consisted of civil law documents of countries where the languages under discussion are spoken. The research hypothesis is that if a given language is an official language in more than one country, the legal languages are not uniform and vary in respect to national legal language variants (similar to general language), and consequently there is a risk of making an error. Thus, the students of translation studies must be made aware of the resultant differences in order to solve translation problems more efficiently and to reduce the number of errors in specialized translation. The analysis of the source text through the prism of terminology should be related to the legal system of the country concerned. Students of translation courses should be aware of the semantic differences between legal terms in order to find proper equivalents.

Introduction. The article provides an overview of the legal regulation of copyright protection using technical means of protection. German law states that technical means of copyright protection are technologies, devices, and their components. Such technical means are created to prevent or impede illegal actions of users that are not authorized by the copyright holder in relation to the results of intellectual activity. At the same time the legislator pays special attention to the fact that the distinguishing criterion of a technical means of protection against other methods of protection is effectiveness. In the article the authors analyze the legal consolidation of the specified criterion as a distinctive feature of technical means of copyright protection, and also consider the concept and cases of bypassing technical means of protection provided for by German law. Materials and methods. The methodological basis of the research is formed by the following general scientific and special methods of cognition of legal phenomena and processes in the field of intellectual law: the method of system-structural analysis; method of synthesis of social and legal phenomena; comparative legal method; formal logical method. Results. As a result of the analysis it was revealed that according to German law the distinguishing feature of technical means of copyright protection from other methods of protection is the criterion of effectiveness. A technical protection device is recognized by the German legislator as effective if the technical protection device cannot be bypassed without the consent of the copyright holder. In the context of the effectiveness of a technical means of protection, German legislation broadly defines the concept of circumvention of technical means. German copyright law, unlike other foreign jurisdictions, contains provisions prohibiting the removal of a technical remedy.Discussions and Conclusions. The main criteria for technical means of copyright protection under German law have been studied, the fundamental of which is the criterion of the effectiveness of a technical means. Cases of circumvention of technical means of copyright protection provided for by German law have been identified. The legal regulation of the ban on the removal of technical means of protection has been explored.

The subject of the study is a phenomenon of an “entropy” of property, its interpretation, socio-economic conditionality, genesis of its development in European and Russian doctrine, reflection of a construct of “separated” property in the legislation. “Entropy” of property is a situation when both entities are owners, but in different areas of relations: the first person is the owner in relation to third parties, and the second-in relation to the first The goal of this scientific research is to find out reasons of the existence of phenomenon of “entropy of property” in European and Russian legal doctrines, to identify common and specific features of this phenomenon. Methodology. The authors use the general scientific method, including dialectics, comparative analysis, formal logic, historical method. A number of specific methods pertaining to the legal science were used as well: the formal dogmatic method was applied for analysis of ownership within the institute of property rights; the logical legal method was applied to study general tendencies of development of the institute of property rights; the legal comparative method was used to study European and Russian legislation on ownership and other property rights. The main scientific results. The Western legal doctrine of “entropy of property” has quite a long history of development, unlike the Russian. Specific features of the Russian doctrine are result of its historical, political and cultural characteristics. The phenomenon of “entropy of property” has both positive and negative consequences, which requires pluralistic approach to its assessment. “Reunification” of ownership rights on the land plot and other objects located on it, is a result of socio-economic and legal factors and deserves positive assessment. Property rights as elements of titular possession are not based only on law, but may be created by contract as well. Conclusions. The European and Russian legal doctrines on the “entropy of property” have both common and specific features. The common features are: existence of “absolute” ownership, limited property rights, trends of reunification of “separated” property etc. The specific features are: absence of “trust” in the Russian legal system; excessive fragmentation of right of ownership as a large “bundle” of rights; absence of situations when one person may simultaneously hold statuses of owner and holder of a limited property right in the Russian legislation.

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.

Most scholarly works on res judicata rest on two long-established assumptions: (i) the scope for the preclusive effects of previously rendered judgments upon subsequent proceedings is rather narrow in civil law systems compared to the extensive approach that characterizes the common law tradition especially in its U.S. epiphany; (ii) the very idea of issue preclusion is generally said to be absent or rejected in the civil law world. Accordingly, this alleged divergence has over time discouraged the development of a meaningful dialogue between common lawyers and civil law scholars on res judicata. This Article confronts these assumptions and aims to yield new critical insights into the topic by comparing Italian and U.S. law. This idea stems from a path-breaking line of decisions by the Italian Supreme Court that has significantly extended the scope of res judicata to gradually open to some form of issue preclusion. Indeed, irrespective of a long dogmatic tradition, these “grands arretes,” together with few critical scholarly voices, have prompted a reconceptualization of res judicata, pointing out a potential rapprochement between the Italian and American solutions. By placing this hermeneutic evolution within a wider comparative context, it is possible to challenge the traditional narrative propounding issue preclusion as a preserve of the common law world and to unveil new common grounds for discussion on res judicata within the Western legal tradition.

It is determined that, in accordance with the provisions of civil law, the obligation is a legal relationship in which one party (debtor) is obliged to perform a certain act in favour of the second party (creditor), that is, to perform an act determined by contract or law or to refrain from a certain action, and the creditor has the right to require the debtor to fulfil its duty. The presence of a certain number of persons participating in the obligation of the entities of the obligation (creditor and debtor) is a characteristic feature of the binding legal relationship. Scientific approaches and approaches outstanding in the normative legal acts on understanding the concept of «child» have been analyzed. It is proved that in the Civil Code of Ukraine the concept of «child» is used only in some articles (part 2 of article 25, part 1 of article 35, part 3 of article 72, part 2 of article 285, part 3 of article 295, part 1.4 of article 1200 part 1 of article 1242, etc.) at the same time this category is used regarding, that is, when determining the question regarding the legal status of a conceived and unborn child, regarding the personal non-property rights of individuals, regarding the issue of compensation for harm, hereditary legal relations, etc. It is justified that civil law does not identify the concept of «child» with a person before the age of 18. The peculiarities of the child’s participation in binding legal relations, in particular in contractual and non-contractual relations, were studied. The characteristics of the child’s participation in contractual binding legal relations are defined: 1. The child is subject to contractual obligations until he or she reaches the age of 14, as he or she has the right to engage in petty domestic transactions; 2. The child may be subject to contractual obligations at the age of 14, and the scope and capacity of the child is increased; 3. The child has the same rights as other subjects of binding legal relations. 4. Obligatory legal relations involving the child arise in relation to property and personal non-property benefits; 5. Legal facts are the basis for legal relations involving the child. The legislative approach is disclosed regarding the peculiarities of the participation of the child, namely a minor and juvenile person, in non-contractual obligations, in particular in obligations for compensation for harm.

The subject. The law of emphyteusis was studied in the Russian Empire in the middle of 19th – beginning of 20th century due to practical significance. The interest in this subject began to revive at the beginning of the 21st century, the first few publications appeared, but they were mostly replicas of Imperial period studies. The law of emphyteusis in Russia before the middle of the 19th century is not researched sufficiently. The purpose of the study is to confirm or disprove hypothesis that the law of emphyteusis was initially implemented in the system of Russian law as a legislative institution, but since the middle of the 19th century it has acquired the status of a local legal custom. The Russian state, having preserved the former system of civil law (the Lithuanian Statute) in the Western lands annexed from Lithuania and Poland, created the basis for the formation of a different system of legal awareness among a part of the population, thereby consolidating the dichotomy of the Empire and the Western provinces. Since the issue of land ownership is a key issue for feudal society, the law of emphyteusis is the most striking example of the split in the unity of the legal system of the Russian state. The methodology. The study is based on a combination of formal-legal and historical-legal methods: the methods of historicism, synchronous and diachronic comparison allow us to get an idea of the socio-political conditions in which the law of emphyteusis was formed and functioned. The main results, scope of application. The institute of emphyteusis (Latin – сensus, German – zins, Polish – czynsz) was formed on the basis of the reception of Roman and Byzantine law in the feudal law of a number of European States. Emphyteusis comes to the PolishLithuanian lands as an element of German law. The article describes the socio-political processes in the territories annexed by Russia from the Polish-Lithuanian Commonwealth, where the right of emphyteusis was preserved in the middle of 17th - first half of the 19th century as a local civil law under the Lithuanian Statute system. After the abolition of the Statute of Lithuania (1840) an emphyteusis preserved as a regional legal custom. The analysis of legislation and law enforcement practice on the issue of emphyteusis on the borderlands of the Russian state is carried out. The ineffectiveness of the state policy on the elimination of emphyteusis is noted. Conclusions. The revealed specifics of the development of emphyteusis in the Russian Empire are extremely poorly studied, although they indicate far-reaching consequences in the system of forming the legal consciousness of Russian, Ukrainian, Belarusian, Jewish (Ashkenazi) and other peoples.

The purpose of the article is to reveal the theory and practice of legal fiction in civil law, to determine their essential features, to reveal their technical and legal specifics. The scientific novelty lies in the actualization of further depth study of legal fiction in civil law and in legal science in general. After all, filling gaps in scientific knowledge about legal fiction will allow to adequately identify and describe real legal phenomena. The necessity of distinguishing between such concepts as legal fictions and fictions in law is argued. It is shown that with the help of legal fiction separate normative provisions are created that regulate specific social relations, institutions of law, in particular the institution of a legal entity, the institution of extraterritoriality, retroactive force of law, etc. Contractual fictions are designed to close some gaps in the conclusion of contracts. Otherwise, if the Civil Code of Ukraine did not contain such fictions for certain agreements, they would be considered unconcluded with the corresponding consequences. Conclusions. The author concludes that there are causal links between legal fiction as a norm and a method. The specificity of legal fiction is that it is an element of legal technique, as well as a way of expressing the will of the legislator. The anomaly of legal fictions is seen in the signs of fictitiousness of the rule of law, as well as in the fictitiousness of the situation itself, which requires logical consolidation. There is a deviation of the law from its inherent goals by interfering in the development of legal relations of the subjective element. The use of fiction does not help the court to establish the objective truth in the case. The expediency of legal fictions in civil law is justified by their features and functions.

Based on Article 72 of the Indonesia Limited Company Law, companies are allowed to distribute dividends before the company closes the annual book and the General Meeting of Shareholders (GMS) by giving temporary dividends (interim). In this case, if the company suffers a loss at the closing of the annual book according to the Indonesia Limited Company Law, the shareholders must return the dividends they have received. If the shareholders do not return it, the directors and commissioners must be joint responsibility to cover company losses. Based on these reasons, the researcher examined the useful aspects of the interim dividend arrangement in Article 72 of the Indonesia Limited Company Law based on Jeremy Bentham's Utilitarianism theory and found the form of norms regarding the return of interim dividends in Indonesian legislation using Hans Kallsen's Hierarchy theory. This research is a normative study with a conceptual approach. The results of the study suggest that; Article 72 paragraphs 1 to 4 of the Indonesia Limited Company Law can benefit the public because Bentham places benefits on individual happiness on a materialistic basis and practical social goals that can balance various interests. However, paragraphs 5 and 6 discussing the return of interim dividends that have been distributed, if, at the end of the closing of the book the company suffers a loss, in terms of the principle of benefit, Bentham does not provide benefits because it cannot provide a happiness effect for many people. The form of regulation on the distribution and return of interim share dividends in Indonesia is Statutes and Bylaws (C & B). C & B are a creative dimension in the form of living law or actions taken by the community. In terms of civil law, C & B has the same position as the law but cannot apply to the public.

The article shows discussion issues regarding the place of family law agreements in the classificationof legal facts. The authors also bring to the discussion the question of the legal nature of the family lawagreement. The scientific work presents an anthology of legal thought about family legal relations of theSoviet period, as well as a brief retrospective of its development in the last 20 years. The authors of the articledefine family law as an independent legal industry with its inherent features which also predefine the specialqualities of family law agreements that do not allow them to be identified with civil law contracts. The articleproposes to abandon the application of civil law in the regulation of family agreements.

The article is devoted to the study of theoretical and practical aspects of the objects of property rights of religious organizations. The subject of the study is the question of theory and practice of legal regulation of relations that arise in the definition of objects belonging to religious organizations, as well as legal and canonical norms used in the regulation of these relations. The object of study are the objects of property rights of religious organizations. The purpose of the study is to reveal the essence of the objects of property rights of religious organizations on the basis of a comprehensive analysis of modern civil law and canon law. The accepted traditional division of objects of property rights of religious organizations needs to be improved. The objects of property rights of religious organizations can include any objects of civil rights. Exceptions are objects that are withdrawn from civil circulation by law or restricted in circulation. The legislator uses the terms “cult building”, “cult property”, “cult objects”, without disclosing their content. “Cult objects” are religious means used in the performance of religious rites. The division of “cult objects” into four groups is offered. Given that religious organizations attract community members to their ranks through the Internet. Accordingly, it was necessary to investigate the issue of a very specific object of intellectual property rights of a religious organization’s website, and a classification of websites according to different criteria was proposed. However, this issue has been considered only in a general context and needs further study taking into account the specifics.

The law of tort (or extra or non-contractual liability) has been criticised for being imprecise and lacking coherence. Legal systems have sought to systemise its rules in a number of ways. While civil law systems generally place tort law in a civil code, common law systems have favoured case-law development supported by limited statutory intervention consolidating existing legal rules. In both systems, case law plays a significant role in maintaining the flexibility and adaptability of the law. This article will examine, comparatively, different means of systemising the law of tort, contrasting civil law codification (taking the example of recent French proposals to update the tort provisions of the Code civil) with common law statutory consolidation and case-law intervention (using examples taken from English and Australian law). In examining the degree to which these formal means of systemisation are capable of improving the accessibility, intelligibility, clarity and predictability of the law of tort, it will also address the role played by informal sources, be they ambitious restatements of law or other means. It will be argued that given the nature of tort law, at best, any form of systemisation (be it formal or informal) can only seek to minimise any lack of precision and coherence. However, as this comparative study shows, further steps are needed, both in updating outdated codal provisions and rethinking the type of legal scholarship that might best assist the courts.

The study covers the issues of legal regulation of relations in the field of artificial intelligence use The study mainstreams the issue of whether it is possible to contemplate the legal status of a robot at the present stage of human development, or, on the contrary, all discussions on this issue are premature Various areas of application, applications of robotics and artificial intelligence are considered Special attention is paid to the medical field, where with the help of modern technologies it has become possible to develop models for predicting breast cancer, a model of cardiovascular risk in asymptomatic people with atherosclerosis, predicting stroke and seasonality of tuberculosis, and predicting the disease in a pandemic It is argued that the COVID pandemic has reminded the world of the urgent need to intervene in the healthcare industry using artificial intelligence It is artificial intelligence (AI) that has many applications in pandemic situations - from diagnostics to therapy Attention is paid to the use of artificial intelligence in the educational, scientific, and research areas This refers to the fight against the identification of facts of academic dishonesty and plagiarism, to the introduction of new technologies in the educational process The study considers the existing approaches to the concept, nature, and main features of such categories as “artificial intelligence”, “robot”, and other related concepts in order to understand and comprehend their essence In the comparative legal aspect, the study examines the RoboLaw project, European Parliament Resolution 2015/2103 (INL), entitled “Civil Law Rules on Robotics” of February 16, 2017, and the Charter of Robotics (the Scientific Foresight Unit, STOA) © 2021, National Academy of Legal Sciences of Ukraine All rights reserved

This article explores whether an extended doctrine of implied consent can better balance copyright interests in the digital environment, particularly users’ access to digital content. Implied licences are analysed from a variety of jurisdictions including the United Kingdom, the European Union, Germany, the United States and Australia to submit that the role of implied consent emerges as a fundamental legal principle in both common and civil law jurisdictions. Given the significance of consent within the doctrine of exhaustion, the article also evaluates its application in the digital environment and the extent to which this could impact the proposal for an extended doctrine of implied consent. The boundaries of the extended doctrine along with its practical impact will be assessed through an example illustrating users’ access and interaction with digital content. It then becomes clear from the discussion that follows, that an extended doctrine of implied consent has the potential to balance copyright interests in the digital environment due to its status as a fundamental legal principle and inherent flexibility to consider a range of factors regarding users’ subsequent use of digital content.

Improving the institution of stay of enforcement of obligations is one of the urgent problems in modern civil law. The need to reform this institution is relevant as in the context of the coronavirus pandemic and forced self-isolation many organizations of trade, public catering, provision of household services and others are forced to suspend their work in connection with the introduced regime of anti-epidemic measures. Due to the lack of income, these organizations often find themselves in a situation where they cannot fulfill a number of obligations, primarily obligations arising from the lease agreement. The purpose of the study is to consider the features of theinstitution of stay of enforcement of obligations, to analyze the adequacy of this institution in the new conditions and to suggest ways to improve it. To achieve this goal, the author uses the following methods: analysis, synthesis, induction, deduction, formal-legal approach. In the course of the study, it was found that in the new conditions, in particular in connection with the spread of coronavirus infection, it is necessary to reform the institution of stay of enforcement of obligations. The reform of this institution should be aimed at expanding the grounds for stay of enforcement of obligations, including by introducing such grounds as suspending the activities of an organization based on a decision of state authorities or local self-government bodies. In this case, the obligations of the specified organization are considered suspended until the resumption of its activities. It seems that this institution of stay of enforcement of obligations makes it possible to account the interests of both the creditor and the debtor, and therefore, in our opinion, is an effective institution for regulating private relations.

The article provides a critical analysis of current trends in the sphere of legal liability of civil servants and the sphere of employment law of Ukraine. It is established that the inconsistency and incompleteness of the national legislation on public service has a negative impact on the effectiveness of legal liability of public servants. A small number of works in administrative law which, firstly, solve the conceptual problems of administrative law, and secondly, combine knowledge of the theory of law, the science of administrative law and the work of other branches of science. It is concluded that official law should be considered as an institution of administrative law, which has a cross-sectoral nature. The legal responsibility of public servants is a sub-institute of service law of Ukraine. The cross-sectoral nature of service law is due to the fact that today it combines the rules of administrative, constitutional, labor, civil and criminal law. It was found that the content of national legislation allows to distinguish the following types of legal liability of public servants: 1) disciplinary liability, which is regulated mainly by the rules of administrative law; 2) disciplinary liability, which is regulated by labor law; 3) administrative liability, which is regulated by the rules of administrative tort law; 4) material liability, which today is partially regulated by the rules of administrative law (we are talking about the procedure for voluntary compensation for material damage) and mainly by the rules of civil law (we are talking about the procedure for forced compensation for material damage); 5) criminal liability, which is provided by the norms of criminal and criminal procedural legislation. It is established that the legal liability of public servants can only be retrospective, that is, used only for the commission of illegal acts by these employees. Arguments are given regarding the lack of positive responsibility of public servants. The use of this concept in the scientific literature is due only to the reluctance of scientists to break away from the archaic ideas about the structure of the rule of law, legal sanctions and incentives.

The author of this study traces back the origin of the notion of "General Part"(Allgemeiner Teil in German) to the century's old tradition of Roman law (Civil law). He points out that the origin of the term "General Part" cannot be found in the sources of classical and postclassical Roman law. The most renowned representatives of the German Pandectist School i.e., Pandectist Legal Science developed the concept of "General Part"during the preparation of the codification of private (civil) law during the 19th century availing themselves, however, of the Roman law tradition dating back to the previous i.e. medieval legal science.

Мақолада тиббий суғурта шартномавий-ҳуқуқий муносабат сифатида соғлиқ ёмонлашганда даволаниш билан боғлиқ харажатлар хавфини суғурталовчи омил саналиши, ушбу ҳолатда суғурталанган шахснинг соғлиғи шартнома амал қилиб турган муддат мобайнида ёмонлашган тақдирда, уни даволаш билан боғлиқ харажатлар суғурта компанияси томонидан қоплаб берилиши, суғуртанинг ўзига хос тури сифатида тиббий суғуртада суғурталовчи нафақат суғурталанган шахсни даволаниш билан боғлиқ харажатларини қоплаши, балки унинг тегишли тиббиёт муассасасида даволаниши ҳамда малакали шифокорлар томонидан муолажалар олиши учун тегишли ташкилий-ҳуқуқий чораларни кўриш мажбуриятини ҳам ўз ифодасини топган. Тиббий суғурта келгусида юз бериши мумкин бўлган хавф-хатар оқибатини юмшатишга қаратилган ҳуқуқий механизм бўлиб, уни қўллаш орқали суғурталанган шахснинг малакали ва сифатли тиббий хизматга бўлган эҳтиёжи таъминланиши кўриб чиқилди. Одатга кўра бундай таъминот даволаниш харажатларининг қопланиши ҳамда тиббий муассасага даволаш билан боғлиқ мажбуриятларни юклайдиган ташкилий-шартномавий чораларни кўриш орқали амалга оширилиши аниқланди. Шу сабабли тиббий суғурта муносабатлари фуқароларнинг соғлиғини сақлаш соҳасидаги ўзига хос ўринга эга эканлиги такидланди. Бу эса айни пайтда тиббий суғуртанинг тушунчаси ва унинг вазифаларидан келиб чиқиб, тиббий суғуртани қўллаш механизмлари ҳамда фуқаролик-ҳуқуқий тартибга солиш ёндашувларини аниқлаштиришни тақозо этиши зарурат деб топилди.

El texto reseña brevemente los dos tomos que conforman el último Volumen del Treatise of Legal Philosophy and General Jurisprudence, inicialmente editado por Enrico Pattaro y actualmente acompañado por Corrado Roversi. En la primera sección se reconstruye la estructura de la obra para luego, en las dos secciones siguientes, presentar sintéticamente el contenido de los diferentes capítulos que conforman el Tomo 1 y el Tomo 2, respectivamente. En cada caso se comenta con algo más de detenimiento las referencias a la filosofía del derecho en Latinoamérica, especialmente en Argentina.

Problems arising from the insolvency (bankruptcy) procedures of a unitary undertaking are currently very relevant, since, in the context of competition relations, the redistribution of ownership may also take place outside the framework of privatization legislation. This article is dedicated to the analysis of both theoretical and practical problems of the competitiveness of a unitary company. The authors of the paper point out that the lack of a special term for the designation of unitary enterprises on the right to economic management is one of the systemic shortcomings of Russian doctrine of civil law. The study methodology includes a group of general scientific methods (analysis, synthesis, deduction, induction), as well as a group of special methods: analysis of the content of scientific literature and analysis of the regulatory framework. It is concluded that Russian law should create a legal model that excludes the operation of non-proprietary entities alongside legal conditions that prevent abuse of their competitive status, both by the arbitration administrator and by the public legal entity that owns the debtor unitary enterprise.

Indonesia uses customary Law as positive Law in the archipelago, is obeyed and implemented as a custom, from generation to generation respected by the community as a national tradition. As a rule of Law, Indonesia adheres to many legal systems at the same time that lives and develops in society, namely the civil law system and the customary law system. All these legal systems are complementary, harmonious, and romantic. As the original Law that grows and develops from community habits, Customary Law affects the process of law enforcement in Indonesia. The values ​​contained in customary Law in Indonesia were used in the formation of jurisprudence in the Supreme Court. This paper will explain how customary Law, which has an "unwritten" character, can fill the Indonesian civil law system's legal gap. This paper's research method is a normative legal research method and uses several approaches, namely the statutory approach, the comparative approach, and the historical approach. This paper concludes that legal pluralism in Indonesia can be a solution to the legal gap created by the rigidity of civil law application.

Recently, under the amendment of the educational law, a new type of obligatory extra-codex contract has appeared in Polish law - the contract of traineeship for pupils. It is very similar to a contract of traineeship for graduates. A joint analysis of the contractual regulation in the context of extracting differences and similarities makes it possible to present the obligations and rights of the parties in the context of the civil law method of regulation. Internship and internship are non-employment jobs, which are very similar to an employment contract and at the same time are similar to a contract for services. This entitles the application certain provisions by analogy of legislation. As a result of the aforementioned, the provisions of the labour law do not apply except for some explicitly indicated by the legislator. In this context, attention should be paid to the greater flexibility of working time for a contract of traineeship for pupils, which, however, involves performing it in conjunction with schooling, the time for which is included in the daily working day. An internship contract also provides greater security at work, as the catalogue of prohibited jobs is wider. It should be pointed out that the apprentice and pupil (the person carrying out the contract of traineeship for pupils) are specific parties to the contract, but their position is relatively weak. The position of the law is compensated for by qualifying them as consumers and by granting them the right of a trade union coalition, which, however, is de facto limited to paid contracts. Unpaid apprentices and pupils are entitled to a limited right of coalition depending on the provisions of trade union statutes. Moreover, the legislator itself, by providing for certain institutions, leads to an unequal position for apprentices and pupils, in order to spread practical vocational training in real conditions. Such an institution is a pecuniary benefit, the regulation of which is irregular and has loopholes. Similarly, regulation of an apprentice's age must be ruled out.

Digital legal relations have undoubtedly become an important part of relations regulated under civil law and business. The socio-economic digital basis has set the main directions for the existence and functioning of the relevant legal superstructure and the practice of applying rules governing certain relations. In this regard, the legal status of digital intermediaries, including their legal capacity and tort, is of particular importance. It seems important to investigate the problems involving the grounds for holding aggregators and other digital intermediaries liable, as well as guarantees of protecting the rights of persons with whom these intermediaries interact. The legislation governing digital relations has undergone significant changes over the past few years. However, the complex of relations between digital intermediaries as new subjects of law and other persons remains unresolved, and the practice of imposing on such intermediaries civil and other types of legal liability is unsettled. In the paper, the author describes his approach to the consideration and solution of these problems.

This study examines the reform of the law of inheritance in Turkey and Tunisia. Both countries reinterpret the law of inheritance based on the current social context where the changes of social structure particularly related to gender issues encourage changes in its implementation. Applying the library research method, this study aims at comparing the law of inheritance in Turkey and Tunisia and illustrating that the Sharia law associated with social issues is adapted to and reinterpreted according to the needs of the people. As the result, the study draws some conclusion that Turkey grants equal inheritance rights to men and women, whereas Tunisia integrates the inheritance legal system described in the Quran with the social context. This happens due to the fact that Turkey has been subject to total secularisation and has caused a conflict with the opposition since the beginning of its formation. In the meantime, Tunisia has attempted to avoid a conflict with the traditionalists. To that end, in Tunisia the opinions of the Mālikī and Ḥanafī scholars followed by the majority of the people are adopted and used as a source to formulate the first draft of the civil law.

This paper reflects on the problem of endowing Artificial Intelligence (AI) with legal subjectivity, especially with regard to civil law. It is necessary to reject the myth that the criteria of legal subjectivity are sentience and reason. Arguing that AI may have potential legal subjectivity based on an analogy to animals or juristic persons suggests the existence of a single hierarchy or sequence of entities, organized according to their degree of similarity to human beings; also, that the place of an entity in this hierarchy determines the scope of subjectivity attributed to it. Rather, it is participation or presence in social life, whatever the role, that is the true criterion of subjectivity. In addition, it is clear that even if AI is not currently a significant participant in social life, it will be in the nearest future. Despite the potential dangers associated with endowing AI with some kind of subjectivity, such a course is inescapable, and should be considered sooner rather than later.