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In Libya's protracted conflict, authoritarian, illiberal, and democratic practises exist at local and (inter)national levels. The repeated occurrence of crises in governance and rule of law, such as sudden restrictions on civil society or deferred elections, opens a window for the emergence of civic practice. Drawing on Kaldor's concept of war and peace logic and a development ethics viewpoint, this study will critically discuss how manifestations of civic logic depend to start with on inclusive actor selection. This paper, based on Libyan-led co-inquiries and an analysis of dialogues and actions from an EU-funded rule of law programme, will demonstrate how the involvement of a diverse group of Libyans initiates manifestations of civic practice that are used during times of crisis. [ABSTRACT FROM AUTHOR]

This article highlights the influence of the implementation of Artificial intelligence (AI) based- systems in democratic governance and their potential threats to the rights to participation. The use of those AI tools has become widespread over the last decades and tend to be widely utilized by governments to make decisions. There is then a concern that the use of AI may threaten the trinitarian view of global governance: the rule of law, democracy, and human rights. This paper describes the mitigated impacts of AI by positing the advantages and the risks that may hamper the rights to political participation. It argues that a responsible use of AI that does not hamper technological advancement is needed, to protect the rights to participation. By examining the connection between governance, human rights, and AI, the paper suggests a particular attention to the Low- and Medium-Income Countries (LMICs) where the use of AI and related tools jeopardize democracy. It urges for the strengthening of laws and regulations to ensure responsible use of AI that does not impede technological advancement. [ABSTRACT FROM AUTHOR]

After more than a decade of inaction or, at best, using soft instruments, the EU has become more assertive against democratic backsliding in member states. This special issue adopts a multi-level perspective to tackle the new research avenues that arise from this change in EU policy. Its contributions investigate two broad questions: first, the causes of this policy change, and second, its potential domestic impact in the backsliding countries. Focused on the EU level, a first set of articles revisits and refines existing accounts of EU inaction in order to explain the EU's recent turn towards greater assertiveness. A second set of contributions concentrates mainly on the domestic level to explore the potential impact of the EU's efforts to counter democratic backsliding in the member states that are the targets of EU actions. This introduction identifies the main themes of this new research agenda, provides an overview of the individual contributions to the special issue and their main insights, and sketches avenues for further research on countering democratic backsliding in the EU. [ABSTRACT FROM AUTHOR]

Since 2010, the European Union has been challenged by rogue Member States that reject its fundamental values. The European Commission cajoled, expressed concern and occasionally brought infringement actions. Yet autocratisation continued. Then the EU passed three regulations with the 2021–2027 EU budget cycle and in response to the COVID-19 pandemic that explicitly permitted the Union to freeze funds to rogue Member States. At the end of 2022, the EU had acted on all three, freezing all non-agricultural funds to Hungary and Poland. Did this action restore EU values? The results are mixed. One the one hand, given the financial stakes, the funding freezes spurred rogue governments' responses and moved rogue states' publics to challenge their leaders more than any other mechanism had. On the other, the EU has since buckled under pressure to unfreeze all funds to Poland and most to Hungary, both before meaningful changes were implemented. Therefore, the jury is still out on the longer-term impact and benefits of budgetary conditionality, and on the question of whether we will see a definitive move away from the default of Money for Nothing. [ABSTRACT FROM AUTHOR]

This article examines Member States' support for rule of law (RoL) enforcement in the Council of the European Union (the Council). Existing studies regarding this topic produce puzzling findings: there is a stable pro-RoL enforcement coalition between older Member States, while the positions of the newer members appear to be more nuanced in relation to different RoL issues and instruments. This article seeks to elucidate the factors underlying these divergent positions and proposes a solution to this puzzle by introducing the conceptualisation of Member States' 'differential support' for RoL enforcement. Furthermore, it develops a theoretical framework to explain various factors influencing these positions. By analysing Member States' stances on five RoL instruments designed for the promotion and protection of the RoL in the Union, this article demonstrates that the positions of new Member States on RoL enforcement are more stable than often perceived. Additionally, an in-depth qualitative analysis of Member States' arguments reveals that strategic calculations largely influence their positions on RoL enforcement within the Council. [ABSTRACT FROM AUTHOR]

How does the European Union's enforcement of democracy and rule-of-law standards influence the domestic public's attitudes toward backsliding governments? On the one hand, enforcement actions by international organisations may increase the costs of supporting backsliding governments and provide informational cues about non-compliance with international norms. On the other hand, scholars and practitioners worry that enforcement actions create 'rally-around-the-flag' effects that inadvertently increase support for backsliding regimes. We report descriptive, experimental, and quasi-experimental results from a survey designed to assess the public-opinion effects of EU action in response to rule-of-law backsliding in Poland. The survey results suggest both that Polish citizens perceive the EU as a main critic of measures undermining judicial independence and that these perceptions are correlated with opposing the targeted measures. We find no evidence that additional information about EU actions turns public opinion against the targeted measures but there is also no evidence of any rally-around-the-flag effect. In diagnosing the null findings from our experimental and quasi-experimental designs, we also highlight important challenges associated with using survey-experimental methods to assess the effectiveness of EU interventions in ongoing and salient public debates. [ABSTRACT FROM AUTHOR]

The autocratization of Hungary and Poland prompted a revolution in the European Court of Justice (ECJ)'s caselaw. Brick by brick, the ECJ imposed novel obligations on EU member states to safeguard the rule of law while expanding the legal bases for the EU to sanction governments breaching the Union's fundamental values. In this article, we ask whether the ECJ pioneered this rule of law revolution or, conversely, whether the Court responded to an entrepreneurial European Commission acting as 'guardian of the Treaties'. While supranationalist theories depict the Commission as a proactive agenda-setter guiding the Court's innovations, studies of the EU's rule of law crisis argue that the Commission dragged its feet or only recently seized the reins of leadership. Which perspective is closer to the mark? Deploying a new theoretical framework to study judicial innovation and agenda-setting on an original dataset of all rule of law cases adjudicated by the ECJ from 2010 through 2023, we demonstrate that the Commission has been an inconsistent and often indifferent agenda-setter. Besides several proactive interventions limited to the latter years of the Juncker Commission, the Court's innovative rulings prompted the Commission to act more than the reverse, belying a fundamental shift in leadership. [ABSTRACT FROM AUTHOR]

The European Parliament (EP) has repeatedly been criticised for its slow, insufficient response to democratic backsliding in several member states. At the same time, it is the arena where we find some of the most vigorous defences of the EU's fundamental values and appeals to safeguard the rule of law across the Union. Leveraging an original dataset of MEP statements from plenary debates over the last two EP terms (2009–2019), this article examines the dynamics of norm contestation in the EP's responses to democratic backsliding. We observe a discursive polarisation primarily along ideological lines, with a notable slippage among European People's Party legislators who shift from scepticism towards EU intervention in rule of law matters to overt support. We show how Eurosceptic MEPs and those from backsliding countries seek to appeal to domestic voters by invoking negative partisanship and anti-Western resentment to discredit EU criticism. In contrast, pro-intervention MEPs situate their discourse at the supranational level and focus on defending European unity and the rule of law as shared identity. Overall, the growing contestation over the nature of fundamental values by Eurosceptics has crystallized a more vocal and differentiated engagement of Europhile MEPs in democratic backsliding debates. [ABSTRACT FROM AUTHOR]

In 2021, the European Union (EU) started to use material sanctions to punish democratic backsliding in Hungary and Poland. This policy change presents a puzzle for the existing literatures on international responses to backsliding. We theorise two distinctive processes that can account for why EU policy changed from inaction to enforcement. First, once the issue of backsliding in a member state has attained public salience across the other member states, their mainstream parties face domestic electoral incentives to support sanctions against illiberal governments abroad. Second, once backsliding governments also disrupt intergovernmental policy cooperation and threaten common policies at the EU level, even those actors who had been reluctant to defend EU values become more inclined to use sanctions. We demonstrate the plausibility of our explanation with evidence, first, of the increasing public and electoral salience of backsliding in other EU member states, and second, of the occurrence of a negative intergovernmental spillover through increasing attacks by backsliding member state governments against common policies. [ABSTRACT FROM AUTHOR]

Democratic backsliding in Hungary and Poland has inspired a growing literature on EU actions to enforce the rule of law at the member state level. Some researchers have warned against possible unintended consequences of EU interference, but systematic research on the domestic politics of EU rule of law protection in target countries is largely absent. We develop a set of theoretical expectations regarding the positions of domestic political actors towards backsliding governments and EU actions. We test our hypotheses with original data from news articles in Hungary and Poland. We find that governing parties, rather than blaming 'Brussels' for illegitimate interventions in domestic affairs, spend considerable effort defending their own actions. Similarly, opposition parties and civil society actors focus on criticising their country's governments instead of supporting EU actions. EU actions thus provide domestic actors opportunities to discuss democratic backsliding, but EU actions receive little support in public (newspaper) debates. [ABSTRACT FROM AUTHOR]

Examination of the second and subsequent editions of T. Robert Malthus's Essay on the Principle of Population shows that the author created a more expansive examination of his political economy of population than that of the simple model in the Essay's first edition. In subsequent editions, the simple, ecological model gives way to a sophisticated general model of a commercial society with property rights, the rule of law, marriage laws similar to those of the British Christian tradition, and expanded markets. The result was not the "dismal" prognostication that Malthus is often identified with. Rather, he was reasonably optimistic that steady growth in per capita income could be accomplished along with a rising population. Biology could never be conquered, but within the right institutional context, reason might interrupt its career. [ABSTRACT FROM AUTHOR]

AbstractCan legal remedies act as a line of defence against dispossession? Although the legal system in Indonesia very rarely yields the outcomes that scholars and activists seem to prefer, “The Perils of Legal Formalism,” in addressing widespread conflicts caused by the expansion of oil palm plantations, argues that it can. Yet, the political economy of Indonesia’s “extractive regime” has long relied on violent and legal dispossession. A Poulantzian Marxist analysis of law provides firmer ground for understanding the ineffectiveness of law by itself in reforming society. Peterson, Bedner, and Berenschot’s (2025) puzzlement at the formalistic decisions of Indonesian judges and incompetence of plaintiff lawyers representing displaced communities reveals their individualist, law-centric approach and a reluctance to abandon the liberal myths of rule of law and autonomy of the legal system from “the rest” of society. Optimistic reformist efforts may offer the veneer of legitimacy in rule of law while actually strengthening the extractive regime and the power of dominant actors who benefit from it. Against such wishful thinking, a rare case of effective mobilisation in West Sumatra illustrates how legal action can only be impactful if deployed in combination with power built over time by collective actors. [ABSTRACT FROM AUTHOR]

This article advances the concept of ‘soft’ hostage-taking and examines its effectiveness in EU policymaking. Hostage-taking relates to situations where an individual member state (the hostage-taker) combines its veto-power in intergovernmental domains with a strategy of tactical issue-linkage to extract concessions in a not functionally related negotiating context. Soft hostage-taking does so whilst simultaneously denying issue-linkage in public communications. We argue that the effectiveness of (soft) hostage-taking depends on the credibility of a hostage-taker’s veto-threat, the cost of complying with hostage-taking demands by the other side, as well as the latter’s mitigating capacity. Empirically, we explore the relevance of our theoretical claims for the role of Hungary’s Populist Radical Right government in EU policymaking, which has increasingly relied on veto-threats on key EU foreign policy decisions to gain concessions in its rule of law conflict with EU institutions. We show that whilst Hungary’s soft hostage-taking strategy initially benefited from favourable conditions, its effectiveness has become more circumscribed in line with an altered context. [ABSTRACT FROM AUTHOR]

The Council’s enforcement inaction regarding the rule of law crisis has been endlessly criticised by scholars and commentators. However, there is currently no theoretically parsimonious explanation of why some national governments oppose enforcement whilst others are more inclined to support it. We address this question by considering structural (time of accession), semi-structural (contributions to, or receipts from, the EU budget and democratic quality) and circumstantial (partisanship, ideology, EU integration stance) conditions. We use Qualitative Comparative Analysis (QCA) to test the impact of these conditions on governments’ positions from 2016 to 2021. Findings show relatively stable preferences on enforcement within Member States, despite changes in the ideology of the ruling party. Time of accession, having a high quality of democracy and being a net contributor to the budget emerges as the most robust combination of conditions to explain strong pro-enforcement preferences. In contrast, governments of newer Member States that are net recipients of funds tend to be more reluctant to enforce the rule of law. While ideology lacks sufficient parsimonious explanatory power, it is particularly relevant for explaining extreme anti-enforcement reactions. [ABSTRACT FROM AUTHOR]

In response to increased numbers of refugee claimants in 2015, the Norwegian government introduced restrictive measures aimed, in part, at deterring future arrivals. These included the mandatory cessation of refugee status when conditions underpinning the grant of asylum have changed. Unlike in Denmark, however, group-based cessation practices have not remained a distinct priority for immigration authorities. Instead, protection reviews are entangled with efforts to combat fraud in the immigration system, and stricter conditions for settlement. The interaction of these measures prolongs temporary residence status and intensifies the possibility of deportation for previously secure immigrant groups. In this article I analyze how precarious status is consolidated through three mechanisms collectively referred to as ‘revocation’ in national law and practice: cessation assessments, the revocation of residence permits, and denaturalization. I then outline two dilemmas that revocation practice poses from a rule of law perspective. I conclude that legal certainty, a core rule of law value, can only be secured by introducing an ‘end date’ to uncertainty. This could be achieved by lifting the threat of cessation after a limited period of time and by introducing a statute of limitations for revocation based on fraud. [ABSTRACT FROM AUTHOR]

This paper analyses the nexus between corruption and the rule of law, focusing on the role of international actors in upholding the latter. Special emphasis is placed on asset recovery, including the seizure of property derived from corrupt activities both abroad and within Member States of the Council of Europe and the European Union. The paper focuses on the actions of Member States of the Council of Europe, especially the jurisprudence of the ECtHR and the corresponding international legal framework. The paper concludes with recommendations for fighting corruption while upholding the rule of law for countries in transition and those on their way to European Union accession. [ABSTRACT FROM AUTHOR]

National parliaments, alongside the European Parliament, form a constituent part of the democratic legitimacy chain of the Union and play an integral role in promoting EU values in decision-making. This paper aims to assess the role of national parliaments, supranationally within the governance of the EU, but also the democratic standards that national parliaments must meet when acting internally, outside the scope of EU law. These findings will then be put into practice to assess the Cypriot Parliament as a guardian of European values nationally, which provides for valuable insights due to its unique constitutional setting. The assessment is specifically conducted in relation to: (a) the internal organisation and composition of the national Parliament and preparatory procedures and (b) the proposal, drafting and implementation of national laws. The paper then assesses the role of the EP in further supporting national parliaments in their role as guardians of European values nationally. [ABSTRACT FROM AUTHOR]

Democratic backsliding in member states, such as Hungary and Poland, poses a significant challenge to the European Union (EU), undermining its core values of democracy, the rule of law, and human rights. This paper addresses the fundamental normative question of how the EU should address such backsliding, by assessing the democratic justifiability of different EU responses. Drawing on the concept of multilateral democracy, the paper argues for the legitimacy and mandate of the EU to influence the domestic political institutions of its member states. It examines the normative implications of different tools, particularly the suspension of voting rights in the Council and the expulsion of backsliding states. By employing the framework of multilateral democracy, the paper offers a novel assessment of these tools, contending that this multilevel understanding reveals the suspension of voting rights as democratically preferable to the expulsion of member states. [ABSTRACT FROM AUTHOR]

Igor Shoikhedbrod's stimulating monograph, Revisiting Marx's Critique of Liberalism: Rethinking Justice, Legality and Rights, provides a timely occasion to reflect on how legal procedures might be conceptualized against the background of a radical progressive project, and how justice, in all its forms, might be achieved in an ideal socialist society. The book's mission is to defend Karl Marx against critics who contend that the concept of justice is either rejected or seriously compromised by Marx's historical materialist commitments and communist ideals. Shoikhedbrod's book is both scholarly and insightful, but his aim of vindicating Marx limits his capacity to appreciate fully the need for law to mediate conflict in even the most ideal egalitarian communities and, at the same time, to ward off the preoccupation with the juridical to engage fully with the socialist commitment to equal human flourishing. [ABSTRACT FROM AUTHOR]

The rule of law is the fundamental approach to governance in modern states. The ethical issues arising from deceased organ donation activities have attracted high social attention. In order to ensure that deceased organ donation is in line with the interests and moral standards of the public, it is not enough to provide ethical guidance for the development of the organ donation cause through reflection alone. It is necessary to apply the concept of the rule of law, legal rules and procedural norms to the ethical governance of deceased organ donation. The newly revised "Regulations on Human Organ Donation and Transplantation" have established ethical guidelines that organ donation must follow, such as "benefit, do no harm, respect for life, fairness and justice, and compliance with laws and public order", as well as five major principles that must be adhered to in conducting ethical reviews of organ procurement, such as "voluntary and unpaid, informed consent, risk control, fairness and justice, and privacy protection". Faced with the increasing number of deceased organ donation cases and the ethical challenges they pose, it is recommended to establish a "National Human Organ Donation Ethics Committee," clarify the definition and judgment criteria of death from a legal perspective as soon as possible, and create an effective ethical risk monitoring and supervision mechanism. Continuously promote the progress of the organ donation within the legal framework, and effectively safeguard the public interest and basic rights. [ABSTRACT FROM AUTHOR]

There is a dearth of theoretical and empirical work examining street-level land administration officials (SLAOs) in post-conflict peri-urban communities in sub-Saharan Africa. This article investigates how SLAOs deliver land administration services under a hybrid governance regime in a localised post-conflict environment, and how they balance strict adherence to the rule of law and a flexible application of rules and regulations. The study is based on a case study in Mombasa. The theory argues that, in Waitiki, SLAOs evaluate their situation and formulate a range of strategies to deliver services and deal with poor governance challenges like corruption. [ABSTRACT FROM AUTHOR]

Copyright of Revista Estudios de Filosofía is the property of Universidad de Antioquia, Instituto de Filosofia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of College of Languages is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines how the value of rule of law is negotiated through public prosecutors' attitudinal positioning of themselves and defendants in courtroom discourse. A corpus-based analysis of 120 recent Chinese digital indictments revealed that the evaluative stances of public prosecutors toward themselves invariably imply positive judgment of capacity and legal propriety in their legal investigation, thus constructing a stable and authoritative image of law enforcers. Their attitudes toward defendants are mainly negative judgments of both moral and legal propriety through various criminal actions, creating a predominantly evil image of law violators with different personae. It is through these sharply different patterns of discourse representation that public prosecutors tactically construct and negotiate attitudes toward crime and justice, thus establishing mainstream judicial values during legal proceedings. This study may shed new light on the research of legal argumentation for negotiating judicial values under the civil law system in this digital era. [ABSTRACT FROM AUTHOR]

Law can only be understood in relation to society, on whose very existence and structure depends the very existence of the legal field. The rule of law is not addressed to the individual, but to inter-human relations, which it protects and optimizes. The elements that shape the content of law have been categorized into factors belonging to the natural framework, factors belonging to the social-political framework and the human factor. Of these, the social-political framework mainly comprises the economic sphere, but also the political system, which includes both social movements within the state and inter-state relations. [ABSTRACT FROM AUTHOR]

Most scholarly literature explores the relationship between regime type and terrorism, while little attention has been paid to the influence of regime on terrorist groups' decision to engage in civil war. This paper argues that the onset of civil war involving terrorist organizations is conditioned by regime type. Democratic regimes create conditions that prevent the onset of civil war involving terrorist organizations, although similar regimes might provide the opportunities for such groups to emerge in the first place. The pacifying effect of democracy on terrorist organizations' decision-making calculus is, however, mediated through a set of democratic institutions. Empirical tests on a global dataset of terrorist organizations show that democratic institutions such as political rights, repression (lack of), rule of law, civil liberties and high state capacity indeed mediate the effects of a democratic regime in lowering the likelihood of civil war onset involving terrorist organizations. [ABSTRACT FROM AUTHOR]

The present study strives to identify the major factors influencing the non-performing assets (NPAs) of public sector banks (PSBs) in India using a panel dataset comprising of 26 PSBs over the period 1999-2000 to 2015-16. The results reveal that business per employee, operating inefficiency, priority sector lending, inflation and real interest rate have a significant positive influence on increasing NPAs of banks while credit orientation, higher capital adequacy, net interest margin, non-interest income, GDP growth, and financial intermediation are found to exert a significant favourable effect of lowering NPAs of banks. Most interestingly, the study also shows that the level of corruption and the rule of law significantly impacted the NPAs of Indian banks during the period under study. [ABSTRACT FROM AUTHOR]

Igor Shoikhedbrod's stimulating monograph, Revisiting Marx's Critique of Liberalism: Rethinking Justice, Legality and Rights, provides a timely occasion to reflect on how legal procedures might be conceptualized against the background of a radical progressive project, and how justice, in all its forms, might be achieved in an ideal socialist society. The book's mission is to defend Karl Marx against critics who contend that the concept of justice is either rejected or seriously compromised by Marx's historical materialist commitments and communist ideals. Shoikhedbrod's book is both scholarly and insightful, but his aim of vindicating Marx limits his capacity to appreciate fully the need for law to mediate conflict in even the most ideal egalitarian communities and, at the same time, to ward off the preoccupation with the juridical to engage fully with the socialist commitment to equal human flourishing. [ABSTRACT FROM AUTHOR]

The rule of law is a dynamic and evolving concept that adapts to the changing needs and values of society. In light of the information technology revolution and the widespread use of AI applications, a fundamental question arises: how will these advancements influence the concept and application of the rule of law? The answer is twofold. Firstly, the 'black box' problem and the general lack of understanding regarding how automated decisions are reached present multiple challenges to the rule of law. This can potentially lead to decisions influenced by systemic biases without a transparent and accountable decision-making framework. Addressing these challenges requires upholding the rule of law through human involvement in automated decision-making processes and possibly enforcing an obligation for reason and explainability. However, the extent of human involvement and the need for explainability would vary based on the nature and function of the AI applications. Secondly, the unprecedented benefits derived from the use of AI applications carry the risk of exacerbating the digital divide, significantly impacting equality. Consequently, it will be argued that the rule of law necessitates both governments and private entities utilizing AI applications to implement measures aimed at preventing and narrowing the digital divides. [ABSTRACT FROM AUTHOR]

Strong judicial support is an important guarantee for a country's environment to achieve good governance. This paper utilizes a multi-period difference-in-differences approach to examine the impact of environmental justice reform, represented by environmental tribunals, on corporate green innovation and its underlying mechanisms. It is found that environmental courts can effectively promote green innovation in enterprises, and their effect on "substantive green innovation" is more significant than that on "strategic green innovation". The environmental court is divided into the environmental resources trial court and the environmental resources panel court, and the trial court has a more pronounced effect on promoting corporate green innovation than the environmental resources panel court. The establishment of environmental protection courts can improve the efficiency of regional environmental justice, enhance the government's awareness of environmental protection, and increase the cost of illegal activities by enterprises, thereby promoting corporate green innovation. The promotion effect of environmental courts on corporate green innovation is more significant in regions with non-state-owned enterprises, better legal environments, and lower levels of industry competition. The main findings still hold after considering robustness tests, such as the endogeneity of environmental court establishment. The study suggests that environmental judicial specialization has a positive impact on corporate green innovation, and that the reform of environmental judicial specialization should be continuously deepened to provide useful insights for the construction of the ecological rule of law and the green transformation of enterprises. [ABSTRACT FROM AUTHOR]

AbstractThis study examines the determinants of FDI inflows in 17 Latin American countries from 1995 to 2020. With recourse to dynamic panel models and various robustness checks, our analysis reveals that external, macroeconomic, fiscal, and institutional variables emerge as some of the most reliable predictors of FDI inflows to countries within the region. The importance of central bank independence (CBI) and US monetary policy shocks is one of the key results obtained in this study, contributing significantly to the literature on FDI determinants in emerging economies. Our paper is a timely contribution given the FDI trends throughout the region and ongoing policy debates in some markets over CBI. [ABSTRACT FROM AUTHOR]

It is indicated that our state at the constitutional level guarantees that public life is based on the principles of political, economic and ideological pluralism. However, legal ideology must be monistic in its substantive and functional subordination to the rule of law, because by its nature it is a significant driver of positive change in legal reality. As historical experience shows, legal ideology has become a way of or ganizing civil society and its institutions, a vector of cardin al world transformations, a dominant factor in the development and functioning of most states, a criterion of positive legal progress. The article reveals the role of public organizations in the formation of the legal ideology of Ukrainian society. Revealing the potential of public organizations in the formation of the legal ideology of Ukrainian society, the following functions of these organizations in this process are identified: civil and professional socialization; communication function; regulatory, organizational, oppositional, protective, educational and personnel functions. The article reveals that among the most popular ways of forming the legal ideology of Ukrainian society, which are used by public organizations and are extremely significant in military conditions, the following should be distinguished: volunteer and charitable activities, educational and scientific work, establishing international relations, providing support to socially vulnerable citizens, internally displaced persons, victims of military operations, and military personnel and their families. The article emphasizes that the role of public organizations in the formation of legal ideology lies primarily in achieving a general social consensus, a social compromise, on the basis of an established, holistic vision of the role of law in the state and civil society, as well as in determining the main goals, methods and mechanisms of legal regulation. One of the obligations of the state in relation to public organizations is the regulatory and legal support of their activities and interaction with public authorities, in particular the adoption of special laws that determine their legal status. [ABSTRACT FROM AUTHOR]

The article is devoted to the features of ensuring and implementing the Bangalore Principles of Judicial Conduct as the basis of judicial ethics, the purpose of which is to establish standards of ethical behavior of judges in order to support and develop trust in the judiciary in society. It is found that the Bangalore Principles of Judicial Conduct define the fundamental ethical standards of the judiciary in general and the moral and ethical requirements for the person of a judge in particular. These principles define independence, objectivity, honesty, incorruptibility, equality, competence and diligence as key factors in judicial proceedings, and their observance in professional activities and everyday life contributes to the formation and strengthening of citizens' trust in the judiciary. It is emphasized that the Code of Judicial Ethics in force in Ukraine, formed on the basis of the analyzed principles, justifies the importance of their implementation in national judicial systems, since their observance will contribute to the encouragement and maintenance of high moral and ethical and professional and competence standards in the behavior of judges. It is noted that judicial ethics covers the professional and personal aspects of a judge's life, explores and develops moral and ethical relations between judges and participants in the judicial process. Moral and ethical norms in the judiciary should be formed on the basis of the principle of human centrism, the priority of human rights and freedoms. Attention is focused on the fact that today in Ukraine the value orientations of society's development have acquired special importance in all spheres of a person's life, because a consolidated, harmonious morally and spiritually stable society is able to fully develop and ensure and guarantee the fundamental rights and freedoms of a person and a citizen. It is emphasized that the above principles are aimed not only at establishing and recommending compliance with ethical principles as regulations of internal requirements for the behavior of judges. They should contribute to supporting the administration of justice by representatives of the executive and legislative branches, lawyers, and society, which will develop interaction between them in order to ensure the rule of law and the triumph of justice. [ABSTRACT FROM AUTHOR]

The article examines some aspects of realization of the rule of law principle in the case law of the European Court of Human Rights. The author notes that the principle of the rule of law is a fundamental component of international legal acts regulating human rights and fundamental freedoms. It is emphasized that the Constitution of Ukraine proclaims that the principle of the rule of law is recognized and operates in Ukraine, but the concept of the rule of law itself is not fully disclosed in national legislation. The principle of the rule of law is actually the only effective means of ensuring the inviolability of democracy. The separate elements of this principle as its integral parts and mandatory prerequisites through which the European Court of Human Rights reveals the content of the rule of law was considered. The author provides examples of grouping certain requirements of the rule of law in the case law of the European Court of Human Rights. The author notes that there are no unified approaches to understanding the exact meaning of the rule of law principle either in theory or in practice. The author substantiates that the elements of the rule of law in the case law of the European Court of Human Rights are legality, legal certainty, fairness of a trial and priority of human rights. The main element of the rule of law in the case law of the European Court of Human Rights is legality. The requirement of legality has formal (procedural) and substantive aspects (requirements for the quality of the law). It is noted that the requirement to respect human rights and recognize their priority is key in the case law of the European Court of Human Rights. Cases of human rights restrictions must comply with the principle of proportionality. The provisions of the documents of the Venice Commission on the understanding of principle of the rule are analyzed, the activity of the European Court of Human Rights in ensuring the principle of the rule of law in the process of protection of human rights and fr eedoms is studied. The author concludes that the case law of the European Court of Human Rights is the basis for understanding the essence of the rule of law as a principle. The author emphasizes that the case law of the European Court of Human Rights has a positive impact on the indicators of strengthening the rule of law in the state, and contributes to the improvement of each individual element of this principle and all of them in aggregate. [ABSTRACT FROM AUTHOR]

The article examines and draws attention to the issues and problems in ensuring the security of the State's financial markets in today's realities, namely, in the context of European integration processes and under martial law. Attention is paid to the importance of ensuring the security of financial markets for the economic stability of the State, including for ensuring the financial security of the State. The author presents the interpretation of scholars on the importance of ensuring the security of financial markets and the impact of the proper functioning of such markets on ensuring economic stability. Attention is drawn to the composition of the financial security system, which includes: budgetary, currency, monetary, debt security, insurance market security and stock market security. The author highlights the importance of security of the state's financial markets for ensuring the state sovereignty and integrity of the country, as well as a decent standard of living for Ukrainian citizens. Threats to the financial security of the state have been identified, including: non-compliance with the rule of law; imperfection of public administration in ensuring financial security; ineffectiveness of the system of control over the expenditure of budget funds; ill-considered monetary and credit policy of the state; ineffectiveness of the tax system; corruption of state bodies and pressure on business; excessive deficit of the State Budget; growth of the «shadow» economy; growth of external debt; outflow of human capital and demographic crisis; irrational use of foreign loans and financial assistance. Attention is drawn to the experience of the European Union (EU) in ensuring the security of financial markets and the financial security of the state. The conclusions of the work demonstrate that for the proper functioning of the state's financial activities and the promotion of Ukraine's European integration, even in the current conditions, the security of the state's financial markets and their proper functioning must be ensured at the proper level. [ABSTRACT FROM AUTHOR]

The article analyzes state interference in the exercise of human rights and fundamental freedoms under martial law. The peculiarity of such interference is considered through the prism of the practice of the European Court of Human Rights. The need to maintain a balance between public and private interests is indicated. It is emphasized that a balanced ratio is an integral part of the rule of law. Some conclusions from the case of the European Court of Human Rights "Kryvenky v. Ukraine" and the Report of the Venice Commission "On the Rule of Law" are analyzed. It is noted that the general interests of society and a particular individual must be in a fair balance. The opinion was expressed that ensuring the interests of society or the state may also involve restrictions on the exercise of the rights and freedoms of a particular individual. The need for proportionality of such restrictions is emphasized. The rights that cannot be restricted for any reason are indicat ed. Three main criteria are highlighted according to which a restriction is an unlawful interference with human rights. The criterion of "established by law" is analyzed. It was argued that the concept of "law" in this context should be understood in a broad sense. The requirements for legislation are presented. The "Case of Chahal v. The United Kingdom" and national legislation are analyzed for the presence of the above-mentioned criterion. It is determined that the grounds for the restriction are present, in particular, in the Decree of the President of Ukraine "On the introduction of martial law in Ukraine". The need to adhere to the principle of the rule of law is emphasized using the example of "Case of Tsezar and others v. Ukraine". The criterion of "pursuit of a legitimate aim" is analyzed. An exhaustive list of legitimate aims is established, however, it is noted that such aims can be interpreted broadly. The conclusion is made that there is a legitimate aim, namely the need to ensure national s ecurity and territorial integrity. The criterion of "necessity in a democratic society" is analyzed. The conclusions in the cases "Case of Dubská and Krejzová v. The Czech Republic", "Case Of Vavřička And Others v. The Czech Republic" are updated. The possibility of restricting the rights and freedoms of an individual is emphasized only in the absence of alternatives and exclusively to the extent that is minimally sufficient to achieve the set legitimate goal using the example of the ECHR decision "Affaire Vedat Şorli v. Turkey". It is indicated that in the conditions of martial law in Ukraine, sacrificing less important rights to ensure more important ones is appropriate and necessary in a democratic society. The conclusions are drawn that in the conditions of martial law in Ukraine, restrictions on the exercise of human rights and fundamental freedoms are a legitimate interference through the prism of the ECHR. The state should apply restrictions only in extreme cases, and any abuse is not allowed. [ABSTRACT FROM AUTHOR]

The article is devoted to the international and national legal principles of the right to freedom of peaceful assembly in the context of the principles of legality and the rule of law. The main international standards of the right to freedom of peaceful assembly were identified with the help of the analysis of the main international documents in the field of human rights. The main provisions of national law guaranteeing freedom of peaceful assembly are highlighted with the help of the analysis of the provisions of the current legislation of Ukraine and some other member states of the Council of Europe. The main principles of the correlation of the principles of legality and the rule of law in the context of the right to peaceful assembly are outlined. Attention is drawn to the fact that the principle of the rule of law, by its nature, is broader and deeper than the principle of le gality. The authors came to the conclusion that currently the issue of the right to peaceful assembly is not sufficiently regulated in detail by the current legislation of Ukraine, which causes legal uncertainty and, thereby, violates the principle of the rule of law, which can lead to various unacceptable extremes. The need for detailed legislative regulation of the right to peacef ul assembly in Ukraine is indicated. Attention is drawn to the existence of both notification and permissive nature of peaceful assemblies in civilized states, including member states of the Council of Europe, while maintaining a high level of tolerance for mass gatherings, which should not be dispersed if they are peaceful. It is pointed out that the practice of the European Court of Human Rights recognizes the importance of distinguishing between «peaceful» and «non-peaceful» assemblies based on the criterion of the absence or presence of an intention to use violence by their organizers and/or participants, with the existence of a presumption of the peaceful nature of the assemblies and the need for strict justification of restrictive measures to prevent violations of people's right to peaceful assembly, etc. It was found that a promising direction for further development of this issue should be considered the understanding of the basic principles of distinguishing between peaceful and non-peaceful assemblies, as well as permissible and impermissible actions carried out by both representatives of state authorities and local governments, and participants in mass events. [ABSTRACT FROM AUTHOR]