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The concept of administrative discretion has become a significant topic in legal scholarship, focusing not on abstract legal terms and concepts, but on the fundamental possibility and extent (intensity, boundaries, limits) of judicial review of the legality of discretionary decisions, actions (or inaction) by public administration. In this context, the article examines the legal positions of the Plenum of the Supreme Court of the Russian Federation (hereinafter referred to as the Plenum) as reflected in its resolutions adopted after the enactment of the Russian Federation’s Law No. 4866-1, “On Appealing Actions and Decisions Violating Citizens' Rights and Freedoms in Court”, dated April 27, 1993. These resolutions concern the judicial review of the legality of discretionary decisions, actions (or inaction) of public administration contested by citizens and organizations through administrative and arbitration proceedings. The purpose of the study is to outline the development trends of these legal positions and assess their capacity to ensure substantive judicial review of the legality of discretionary decisions, actions (or inaction) by public administration. Employing dialectical, formal-logical, historical, formal-legal methods, and the method of legal interpretation, the Author concludes that the Plenum’s legal positions have evolved from an initial disregard of the issue to the establishment of concrete criteria for such a review. This progression, despite certain limitations noted in the article, significantly supports meaningful judicial review of the legality of discretionary decisions, actions (or inaction) by public administration, thereby enhancing the protection of citizens' rights, freedoms, and legitimate interests, as well as those of organizations. The Author suggests that a comprehensive solution would not involve the legislative proposal, made by some authors, to abandon the requirement for courts to determine the illegality of such decisions or actions as a prerequisite for satisfying an administrative claim. Instead, a more effective approach would be the enactment of a federal law on administrative procedures, which is currently absent. Such a law would comprehensively outline principles to serve as criteria for substantive judicial review of the legality of administrative discretion. Until the adoption of this federal law, the Author advocates for a new legal position by the Plenum to clarify how judicial practice interprets the legal requirement for satisfying an administrative claim challenging discretionary decisions or actions by public administration. Specifically, this would involve defining the requirement for courts to establish that the challenged decision, action (or inaction) violated the rights, freedoms, or legitimate interests of the administrative claimant. Adopting the proposed legal position, as outlined in this article, would remove the immunity of administrative discretion from judicial review.

Background: The authors of the article refer to the institution of separate opinions of the judges of the European Court of Human Rights (hereinafter referred to as the European Court, the Court or the ECtHR). They emphasise that this phenomenon has not been sufficiently studied in the legal literature. However, given the leading role of the European Court, its progressive views and authority - primarily on the European continent, where it serves as an umbrella for those who have not found protection at the national level - a judge's opinion should not merely be an appendix to the Court's decision. Instead, it should be regarded as the driving force for the development of the doctrine, warranting academic study, consideration by practitioners at the national level, and a possible reference point for forecasting and shaping future interpretations of the provisions of the European Convention on Human Rights in ECtHR future decisions. Methods: In the article, the authors present the points of view of scientists and practitioners on the phenomenon of separate opinions, illustrating specific examples of what they consider to be the most interesting separate opinions attached to the decisions of the European Court of Human Rights. Based on substantive analysis, they formulate conclusions, emphasising the prospective doctrinal importance for world science, law-making and law-enforcement perspective for national legal systems, as well as unconditional axiological importance, because they play the role of a catalyst for creative judicial search, contribute to the support of judicial independence and personal responsibility. The special importance not only of the decisions of the European Court of Human Rights but also of individual opinions, according to the authors, stems from the fact that those key problematic issues that bring citizens before the ECtHR are a priori difficult for the entire European community. The authors analysed separate opinions, such as that of ECtHR Judge Elósegui, which was expressed in the ECtHR case Mortier v. Belgium, regarding the ratio of the provisions of Article 2 "Right to Life" ECHR and euthanasia. The authors also focused on the key conclusions made by the Portuguese ECtHR Judge Paulo Pinto de Albuquerque, who, in his nine-year tenure, independently or with colleagues, formulated more than 150 separate opinions. The authors particularly explore his opinions in two well-known cases, Bărbulescu v. Romania and Svetina v. Slovenia. Notably, in the former case, although the judge remained in the section in the minority, his separate opinion later turned into the opinion of the majority of the Grand Chamber of the ECtHR. Results and conclusions: The authors consider the phenomenon of a separate opinion of a judge of the European Court as a result of independent and deep thinking, an expression of the judge's individual legal awareness. This perspective is based on the author's immersion in the problems that were the subject of consideration by the panel of judges and found or, on the contrary, did not find their expression in the court decision. In examining separate opinions, the authors also pay attention to the specifics of their structural construction often employed by ECtHR judges. These skillfully structured opinions can serve as a valuable example for national courts, many of which are still in search of their individual legal style. [ABSTRACT FROM AUTHOR]

The legal consequences of the adoption event are regarding the status of the adopted child as the heir of his adoptive parents, such a status often causes problems in the family. The issues that often arise in the event of a lawsuit are usually related to the legality of the adoption of the child, as well as the position of the adopted child as the heir of his adoptive parents. Adopted children also have the right to guarantee the protection of their rights so that they can live their lives, participate optimally, and get protection from violence and/or different treatments. As for the reality, sometimes adopted children are still considered not part of the family and in the end, the rights of adopted children are ignored. This does not rule out the possibility of problems such as in terms of the distribution of inheritance, because it considers that the adopted child is not the heir of the parent who adopted him. In this study, the author also used Decision Study Number: 113/K/Pdt/2019. The theories used in the research are the theory of legal certainty, the theory of legal justice, and the theory of legal protection. The research method used by the author is normative. SW is not entitled to LTJ's inheritance because of his position as only a foster child based on the Deed of Child Handover Number 2. Foster children in terms of inheritance are not entitled to inheritance because their position is different from the position of the adopted child. A foster child is considered a third person who is not included in the class of heirs who are entitled to inheritance according to the law. An adopted child can get property from his adoptive parents through a will. The amount of this will is determined not to exceed 1/3 of the inheritance. [ABSTRACT FROM AUTHOR]

National economic development through the establishment of Islamic Banks is an implementation of Article 29 of the 1945 Constitution of the Republic of Indonesia. The presence of Islamic Banking in the national economy is a strategic legal policy of the government because its operations are based on the principles of Islamic law, namely principles derived from the Qur'an, Hadith, Ijma', and Qiyas. However, in its application, these principles of Islamic law are manifested in the form of fatwas issued by the National Sharia Council-Indonesian Ulema Council (DSN-MUI) as a source of positive law for Islamic banking. Therefore, this study raises legal issues related to the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking operations in Indonesia. This study aims to analyze and determine the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking in Indonesia. The research method used is normative research, which provides answers to the problems raised with the perspective of what should be done. The results of the study indicate that the DSN-MUI fatwa has a crucial role as a positive legal basis in the operation of Islamic Banking in Indonesia, although formally it is not a statutory regulation. The implications of this study indicate the importance of recognizing and strengthening the role of the DSN-MUI in the national legal system to ensure compliance of Islamic Banking operations with applicable sharia principles. [ABSTRACT FROM AUTHOR]

The article is devoted to the issue of the dissenting opinion of a judge, which is relevant to modern law enforcement practice and legal theory and which may be expressed when a judge who participated in a collegial consideration of a case does not agree with the position of the majority of the panel of judges. The authors analyse the existing approaches to the institution of dissenting opinions in different legal systems, the factors that negatively affect the existence of dissenting opinions in the justice system, provide examples of dissenting opinions of Ukrainian judges expressed in different jurisdictions, their significance for law enforcement practice and the public outcry they caused. It addresses the procedural issues that may potentially arise during the judicial proceedings and the formation of a dissenting opinion of a judge. The authors conclude that the institution of dissenting opinion is of undoubted value for justice and the authority of the court in the State and emphasise that the specifics of the text of a judge's dissenting opinion against the background of lapidary normative regulation by the rules of procedural law may indicate the genre independence of the content of a dissenting opinion in judicial discourse as compared to a court decision. The authors propose the concept of dissenting opinion, by which they mean an official legal position of a judge which is formed during collegial consideration of a case as a result of an internal conviction which does not coincide (partially does not coincide) with the position of the majority of judges in terms of reasoning or final conclusion, and which is formalised in a procedural document which is an act of competent (professional) and doctrinal judicial casual interpretation. In addition, the authors present synthesised features which characterise a judge's legal opinion as a dissenting opinion, including the statement that it is undoubtedly a phenomenon of a democratic society; it has the features of an institution of law, albeit with lapidary normative regulation; it is issued by a judge within his/her competence as a result of judicial discretion and inner conviction; has a prognostic and forward-looking character, since it sometimes serves as a means of overcoming outdated views that impede progressive legal development, evolution of sustainable approaches, and as a basis for the formation of a new legal position, which in the future may be transformed into a majority position and become a sustainable practice; besides, it is derivative, optional, as it is not binding, unlike a court decision, and is not an act of justice, as it is not issued in the name of the state and is not a mandatory part of a court decision. [ABSTRACT FROM AUTHOR]

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Copyright of Studies in Law & Economics / Studia Prawno-Ekonomiczne is the property of Lodz Scientific Society / Lodzkie Towarzystwo Naukowe 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 research discusses customary law in Indonesia which is pluralistic because it reflects the diversity of tribes and ethnic groups. Customary law is still relevant and applicable in the life and culture of Indonesian society. Customary law as positive law has a special characteristic, namely that there is little written statute, despite its value applying in society. This research is descriptive in nature using normative analysis, literature studies, and field surveys. The research results show that customary law has a position that is recognized in statutory regulations, including the 1945 Constitution, the Human Rights Law, and the Draft Criminal Code. The implementation of traditional law is elucidated through the Kaili customary justice process in the Central Sulawesi region, with the stages of decision-making and the types of sanctions that can be given. [ABSTRACT FROM AUTHOR]

The article reveals the modern concept of legal opinion of the Supreme Court as a source of judicial law-making. The author reviewed scientific approaches to understanding the place and role of court precedent in general and its presence in the legal system of Ukraine. It has been clarified which features of the legal position of the Supreme Court give it the properties of a judicial precedent, and also the ever-increasing importance of knowledge and use of the legal positions of the Supreme Court in the activities of all civil servants, lawyers, as well as representatives of other professions who apply the relevant norms in their work has been proven legislation. It has been proven that the legal opinion of the Supreme Court is the result of judicial lawmaking. Based on the analysis of scientific sources, the author concluded that judicial law-making in modern conditions is gaining weight, although it remains a very debatable issue. It is argued that judicial law-making should be considered in broad and narrow senses. It was found that in a broad sense, judicial law-making is the formation of conclusions by courts of all instances during the administration of justice in order to eliminate gaps in legislative regulation in the absence of a law regulating disputed legal relations. It is proved that in a narrow sense, judicial law-making is the law-making of the Supreme Court, the result of which is the formation of a judicial precedent (legal opinion). The author substantiates the opinion that the binding of courts during the consideration of a case by a specific way of applying the rule of law, determined in the decisions of the courts of cassation instance (court precedents) in similar legal relations, applies not only to the system of common law, but also to the states belonging to the continental systems of law. It has been proven that the binding nature of the Supreme Court's conclusions for courts of all instances should be based on the necessary balance between the independence of judges and ensuring the unity and stability of judicial practice. [ABSTRACT FROM AUTHOR]

The article is devoted to the analysis of the judge's discretion in ensuring human rights and freedoms and the study of the significance of the legal position of the Supreme Court. It has been established that the purpose of the Supreme Court as the highest judicial institution in Ukraine is, first of all, the formation of a justified legal position regarding the application by all courts in the further work of a specific norm of substantive law or compliance with a norm of procedural law that was incorrectly used, and thus directing practice into a unified and proper enforcement. The legal positions of the Supreme Court have a more complex nature, as there is a clear awareness of the tasks of this body as a key subject in the formation of the unity of national judicial practice. The legal literature was studied, which currently discusses the problem of deviating from the legal positions expressed earlier, whereas it is at the level of higher courts that the problem of unanimous application of legal norms by courts in similar legal relations should be resolved. The institution of departure from the pre-legal position is quite an interesting phenomenon and become widely in recent years, and this problem is connected, perhaps, with the reform of procedural legislation. It was established that a massive departure from previous legal positions violates the standards of consistency of judicial practice, and the requirement of legal certainty appeals precisely to the standards of consistency of judicial practice, according to which courts must make similar decisions in similar cases under the same factual conditions. Constancy of judicial practice means that a series of previously adopted and agreed court decisions is a convincing proof of the correct interpretation of the legal norm. Since the legislator has not establish the binding nature of previously adopted resolutions of the Supreme Court of Ukraine, however, the possibility of deviating from them is provided only to the court of cassation instance of the Supreme Court. Deviating from the legal position, the court must provide a serious and convincing argument, since there has to be valid and reasonable grounds for a different application of the law's prescription in the same (or similar) situation with a similar legal structure. It was concluded that the principles that are guided by judges when making each specific decision and forming the corresponding legal position, namely the principles of the rule of law, justice and legality, are of particular importance. [ABSTRACT FROM AUTHOR]

The article is aimed at identifying legal positions on the relationship between international and domestic Russian law in the decisions of Russian Constitutional Court and Russian Supreme Court.The purpose of the article is to confirm or disprove hypothesis that the practice of Russian Constitutional Court and Russian Supreme Court significantly changed the content of norm of Russian Constitution that recognizes generally recognized principles and norms of international law and international treaties as part of the Russian legal system.The methodological basis of the study was formed by both general scientific methods (dialectical, analysis and synthesis, induction and deduction) and special methods (synergistic, systemic-structural and formal-legal).The main results, scope of application. The main body of the article covers three interrelated issues. Firstly, the problems of interpretation of Pt. 4 of Art. 15 of the Russian Constitution. These problems are summarized to the ratio of the categories “generally recognized principles of international law” and “generally recognized norms of international law”, to possible contradictions between the current international treaty with the participation of Russia and the provisions of the Russian Constitution as well as to exceptions from the priority of international treaties over the domestic law of Russia. Five such exceptions are highlighted: the unconditional primacy of the Russian Constitution; domination of an international treaty only in the event of a conflict of its norms with the internal law of Russia; the presence in an international treaty of dispositive norms that are inferior to domestic law; taking into account the level of legal force when determining the correlation of an international treaty with the sources of national Russian law; implementation of an international treaty as self-executing or non-self-executing, when the priority of the latter directly depends on the adoption of an appropriate normative act of domestic law. Secondly, the system of legal positions of the Russian Constitutional Court on the relationship between international and domestic law and their target mission is considered. The legal positions on the issue under study are divided into two groups - on the interaction of international treaties with the domestic law of Russia and on the assessment of the prospects for the incorporation of the legal positions of the European Court of Human Rights into Russian legal system and the limits of its jurisdiction. The consolidating basis of all judicial legal positions is the unconditional priority of the Russian Constitution, the need to differentiate the normative content of an international treaty with the participation of the Russian Federation and acts of official interpretation by the authorized body of its norms, as well as the desire to preserve the constitutional identity of Russia. Thirdly, the subject of reflection was the limits of the internationalization of domestic law.Conclusions. There is an obstacle to the further internationalization of domestic law. It is the presence of spheres of public and state life that cannot and should not be included in the subject of international legal regulation and are subject exclusively to domestic legal impact. In addition, the framework of internationalization is due to the conflict with the state sovereignty of Russia and the desire to ensure the inviolability of the foundations of the constitutional order and national interests, and to ensure the country's constitutional identity.

The practice of surrogate mother is widely applied abroad, but in Indonesia there is a lot of opposition from the community. In Indonesia, this practice has not received a clear legal force. This is related to the clarity of the legal status of the child being born as well as the legal status of the rent of the womb of another person who has not been regulated. The purpose of this study is to determine the legal position of surrogate mother and its implementation based on ethics and religion in Indonesia. This study uses a normative juridical approach. The results of this study indicate that surogate mother in Indonesia is null and void because it is contrary to Article 1320 of the criminal code; in addition, from the side of criminal law is also contrary to Article 284 of the Criminal Code. Even surrogate mother declared not in accordance with the norms of decency in Indonesia.

Problems. An applied problem of automating the search for relevant legal positions on a set of court decisions in the judiciary of Ukraine. The possibility of developing a high-quality NLP system for searching for a relevant, contextually justified legal position on a set of court decisions in the judiciary of Ukraine, which, based on the user’s request, produces expert answers to the user’s request by applying a reasoning-search algorithm based on large language models. Objective. To develop and formalize the concept and conceptual model of the NLP system for finding legal positions on the basis of interdisciplinary knowledge of a technical and philosophical direction, which covers the existence of a person, community, enterprises, institutions and organizations, state authorities, and also substantiates the formation of a legal position on the basis of a plurality. legislative acts and court decisions. Methodology of implementation. The method of implementation of the NLP system for searching for a context-based legal position lies in the interaction of the essences of tasks related to the judiciary of Ukraine, tools for analysis, processing, text generation and available available court decisions of the judiciary of Ukraine based on the Erikson-Penker business profile and large language models. Results. The proposed interdisciplinary model of the concept of the NLP system of finding a solution to the problem, tasks and tasks of searching court documents for more rendering of court decisions and/or formation of a legal position in the form of a Venn diagram as a set of entities and their cooperation, which integrates philosophical, legal and technical knowledge. The Erikson–Penker business profile of the conceptual model of the NLP system for searching for a context-based legal position is formalized. A formalized model of the work process of the NLP system of searching for a context-based legal position based on the RAG method. A conceptual model of the NLP system for searching for a context-based legal position has been developed in the form of a structural mapping based on a component diagram and a dynamic mapping based on an activity diagram with a description of the internal structure of the components. Conclusions. A number of important philosophical, legal and technical problems have been identified in the process of searching for legal positions on many court decisions. The interdisciplinary nature of the problem of developing the concept and conceptual model of the NLP system for finding a context-based legal position on a set of court decisions and the need to automate the process of finding a legal position for judicial practice has been established. At the meta levels, the concept of the NLP system for finding context-based legal positions on Venn diagrams and the conceptual model of the NLP system based on the modified Erikson-Penker business profile as a system of entities and cooperation are formalized. A conceptual model of the NLP system for finding a context-based legal position has been developed in the form of a structural mapping based on a diagram of components and a dynamic mapping based on an activity diagram with a description of the internal structure of the components. The functionality of the NLP system was compared with other main existing systems for searching court decisions in the judiciary and it was established that the developed system, at least, is not implemented in terms of functionality of existing systems and has additional opportunities for users. [ABSTRACT FROM AUTHOR]

Medicinal cannabis has been used for over 6000 years, and clinical trials have revealed its many therapeutic benefits. Despite its medicinal values and therapeutic benefits, Muslim countries are reluctant to accept the legal use of medicinal cannabis. Currently, Malaysian law prohibits the use of cannabis, either recreationally or medically. As a result, those who use cannabis for medical purposes may face severe punishment. Due to desperate situations, some Muslims purchase cannabis illegally through the black market for self-medication without knowing the legal status of access to cannabis in Islam. Therefore, this article intends to investigate the legal position of cannabis and the extent of cannabis prohibition in Islam. In achieving the objectives, this paper will review the debates between schools of Islamic thought and examine the approach of Muslim jurists in recognising the therapeutic benefits of cannabis through content analysis. Findings show that it is permissible to consume cannabis for medical purposes in Islam under certain situations, and the act of purchasing cannabis from the black market goes against Islamic principles. It is hoped that this article will provide enlightenment on these issues, especially to Muslims around the world, to correct any misapprehension. It is suggested that Muslim countries participate in conducting more research on the medicinal benefits of cannabis. Finally, to address the issues of misgivings among patients requiring legal medicinal cannabis, it is hoped this study will help to equip Muslim doctors with the requisite knowledge on the position of medical cannabis. [ABSTRACT FROM AUTHOR]

This paper presents a debate on the legal posistion of marital property and its application. It begins with examining the legal position of marital property and the application of the UUP and KHI for Muslims. It also pays attention to a discussion of whether the position of marital property needs to be declared in a marriage agreement or comes into effect automatically in every marriage. It ends with examining various actual applications in resolving a legal dispute over the marital property in the Indonesian Religious Courts. As qualitative research, this study adopts a socio-historical approach. Data were taken from such regulations on the marital property as the UUP and KHI, official documents released by the Supreme Court of the Republic of Indonesia. The data were also collected from books and reputable journals. Based on the socio-historical analysis, it could be concluded that the legal position of marital property distribution has been regulated in the UUP and KHI coming into force nationally. Under this legal framework, the property acquired during a marriage belongs to both spouses. In practice, however, the spousal rights to share the property ownership becomes broken in two situations, i.e., when the husband and wife agree to include the formulation of the distribution of marital property in their marriage agreement, and when one of them files a lawsuit for the marital property by either litigation or non-litigation. Decisions based on the qualitative contributions have turned out to be more dominant in the history of settling disputes over marital property in Indonesia. [Artikel ini membahas perdebatan posisi hukum dari harta bersama beserta penerapannya. Pembahasan diawali dari posisi hukum harta bersama dan penerapannya didalam UU Perkawinan dan Kompilasi Hukum Islam (KHI). Hal ini juga dibahas apakah perlu dicantumkan dalam perjanjian nikah atau otomatis menjadi bagian dari setiap pernikahan. Selain itu artikel ini juga membahas beberapa penerapan dalam penyelesaian kasus hukum harta bersama di Peradilan Agama. Artikel ini menggunakan pendekatan sosio-historis dan tidak hanya menggunakan rujukan dari buku serta jurnal ilmiah, tetapi juga dari dokumen resmi peraturan perundangan dalam UU Perkawinan, KHI serta Mahkamah Agung. Dalam tulisan ini disimpulkan bahwa harta bersama sudah mempunyai posisi legal dalam UU Perkawinan dan KHI serta diterapkan secara nasional. Dalam logika hukum ini, harta yang didapatkan selama pernikahan menjadi milik bersama. Dalam praktiknya, hak keduanya akan terbagi jika berada di dua kondisi, pertama ketika suami dan istri memasukkan formasi pembagian sendiri dalam perjanjian pernikahan dan kedua ketika salah satu dari pasangan tersebut mengajukan gugatan harta kekayaan baik lewat pengadilan atau tidak. Keputusan yang berdasarkan kontribusi kualitatif ternyata lebih dominan dalam sejarah penyelesaian perselisihan harta bersama di Indonesia.]

The purpose of the article is the determination of the role of legal conclusions of the SC in providing the principle of legality. For implementation of this purpose the following tasks were performed: 1) justification of the thoughts that the legal conclusions of the SC in the modern conditions are characterized by the numerous number of signs of court precedent; 2) proving the constantly increasing role of legal conclusions of the SC in providing of the implementation of the principle of legality; 3) determination of the expanded content of the principle of legality based on the obligation of the subjects of authority to take into account the legal conclusions of the SC in their activity. During the study of the topic of the article, the author analyzed the works of scientists who pay attention to the study of the role and significance of legal conclusions of the Supreme Court in the activities of subjects of power as N. Zozulia, O. Kibenko, M. Sambor, M. Shumylo and others. Some questions connected with the determination of the role of legal conclusions of the Supreme Court in ensuring the unity of judicial practice, were investigated by the author of this article when compiling the "Compendium of Legal Positions of the Supreme Court for lawyers" and developing the content part of the analytical and legal system ZakonOnline (Kibenko, 2022). Nevertheless, in modern legal science there is still a list of unsolved issues in the sphere of the role definition of legal conclusions of the Supreme Court in providing of the principle of legality. Based on the conducted research, it is concluded that it is established by the law the obligation for all courts and subjects of authorities to consider (apply) legal conclusions of the SC allows to confirm that such approach causes the expanded application of the principle of legality, as the norm of law in fact cannot exist separately from the SC case law (its legal understanding) and the subject of authorities cannot have own approach to understand of this or that norm of law.

The paper elaborates on the relation between marriage and the family, on one hand, and marriage-like and family-like homosexual unions such as so-called homosexual marriage and same-sex union (or same-sex life partnership). With a brief theoretical introduction and a comparative overview of the manner in which this matter is regulated in other countries, certain solutions are analyzed from the Proposal Draft Law on Same-Sex Unions of Serbia (2021). It is indicated that it is no longer possible to equalize marriage and the family with the same-sex union because the content of these concepts is substantially different. The society is interested in protecting marriage and the family and to take special care of them since they perform extremely important social functions, whereas without some of them the survival of the society itself would be brought to question (the reproduction function). On the other hand, homosexual marriage and/or same-sex unions do not perform any social function, but are formed exclusively for the purpose of relatively longer-standing satisfaction of sexual needs of same-sex partners. Since the society and the state do not protect marriage only because sexuality is regulated within it, but because it legitimizes sexual relationships aimed at having children, in the event of homosexual marriage-like unions it should also be proceeded in an identical manner: solely those rights and obligations of partners deriving from a relatively longer-standing homosexual partnership should be legally regulated. Moreover, having in mind the principle that every man's right is limited by other people's rights, it is impermissible to give priority to the protection of the rights of same-sex partners for the purpose of longer-standing homosexual relationships over the protection of children's rights. Children need both a father and a mother (an ideal condition), and the family in which they will be socialized. In line with those homosexual marriage-like unions, neither adoption nor assisted insemination can be allowed.

Background. Judicial rule-making has always aroused interest in Russian science and practice in various periods of the development of the Russian state. The significance of judicial rule-making in Russia is ambiguous, but its actual existence is beyond doubt. Throughout the development of the judicial system, the formation of judicial reform and the formation of uniform law enforcement, judicial rule-making has played a huge role in the mechanism for protecting human rights, ensuring the rule of law and legal certainty. In view of this, there is a need to determine the status of judicial rule-making in Russia and gradually consolidate its legitimacy, which requires consistent theoretical study. The pur-pose of the research is to show the development of judicial rule-making in different periods of Russian statehood, its understanding and application, to reveal the significance of this legal phenomenon carried out by the highest judicial instances. Materials and methods. The implementation of the tasks set was achieved on the basis of an analysis of the legisla-tion of the Russian Empire, the judicial practice of the Senate, the current federal legislation and the judicial practice of the highest judicial bodies of the Russian Federation. The me-thodological basis of the study was the methods of comparative legal and system analysis, the formal legal and historical approach to understanding judicial regulatory. In the course of the study, a historical and legal analysis of the development of the function of judicial rule-making in the Russian Federation was carried out in the context of uniform law en-forcement. Through the analysis of theoretical provisions, the authorʼs interpretation of the rule-making activity of the highest judicial bodies of the Russian state at various stages of the development of the judicial system is presented. On the basis of a comparative legal analysis of the judicial activities of the Senate and the highest judicial bodies of the Russian Federation, judicial practice is considered as a result of the administration of justice and the actual existence in Russia of judicial rule-making and the precedent nature of judicial acts of higher courts is proved. The main conclusions concern the need to improve the status of judicial acts of the highest judicial bodies and provide them with a legitimate opportunity to implement judicial rule-making. Results and conclusions. It is proved that the normative legal act has obvious dominance as the main source of law in Russia, however, the judicial practice of the highest courts, due to their precedent nature, is growing in importance and predetermines the actual existence of judicial rule-making in the state. Based on this con-clusion, the authorʼs concept of the structure of judicial rule-making is proposed, the need for its further legitimization and development of the doctrine of judicial rule-making is sub-stantiated.

This research is a normative legal research. The characteristics of Government Contracts are multi-faceted and have a special character, namely they are private with the dimensions of public law (civil law, and administrative law), which means that Government Contracts have a hybrid character. In government contracts, the Commitment Making Officer (CMO) by the Budget User/Budget User Proxy as a representative of the government is given the authority to make decisions and/or take legal action to enter into agreements and also issue funds sourced from the state budget/regional budget in procurement of goods/services. The nature of CMO's legal position in Government Contracts is a private legal subject and its legal actions are subject to private law. In this regard, the CMO can be civilly liable. Therefore, if the CMO makes a mistake, in this case it is in default, then the CMO can be sued for compensation to the Court as appropriate for individual legal subjects and private legal entities in general. [ABSTRACT FROM AUTHOR]

The purpose of the article is the determination of the role of legal conclusions of the SC in providing the principle of legality. For implementation of this purpose the following tasks were performed: 1) justification of the thoughts that the legal conclusions of the SC in the modern conditions are characterized by the numerous number of signs of court precedent; 2) proving the constantly increasing role of legal conclusions of the SC in providing of the implementation of the principle of legality; 3) determination of the expanded content of the principle of legality based on the obligation of the subjects of authority to take into account the legal conclusions of the SC in their activity. During the study of the topic of the article, the author analyzed the works of scientists who pay attention to the study of the role and significance of legal conclusions of the Supreme Court in the activities of subjects of power as N. Zozulia, O. Kibenko, M. Sambor, M. Shumylo and others. Some questions connected with the determination of the role of legal conclusions of the Supreme Court in ensuring the unity of judicial practice, were investigated by the author of this article when compiling the "Compendium of Legal Positions of the Supreme Court for lawyers" and developing the content part of the analytical and legal system ZakonOnline (Kibenko, 2022). Nevertheless, in modern legal science there is still a list of unsolved issues in the sphere of the role definition of legal conclusions of the Supreme Court in providing of the principle of legality. Based on the conducted research, it is concluded that it is established by the law the obligation for all courts and subjects of authorities to consider (apply) legal conclusions of the SC allows to confirm that such approach causes the expanded application of the principle of legality, as the norm of law in fact cannot exist separately from the SC case law (its legal understanding) and the subject of authorities cannot have own approach to understand of this or that norm of law. [ABSTRACT FROM AUTHOR]

The article discusses the procedural issues of reviewing, under new circumstances, a court decision that has entered into legal force on the basis of the legal position of the Constitutional Court of the Russian Federation. The study is based on the norms of the Civil Procedure Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation, as well as the positions of the Supreme Court of the Russian Federation. The experience of courts in this category of cases is given. Violation by the courts when considering civil cases based on statements by interested parties of a legally established procedure for judicial proceedings is critically evaluated.

Copyright of Socioloski Pregled is the property of Srpsko Sociolosko Drustvo 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 Al-Jami'ah: Journal of Islamic Studies is the property of UIN Sunan Kalijaga, Al-Jami'ah Research Centre 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.)

Background. Judicial interpretation and concretization of the norms and principles of law have different points of view in theory and practice, but this does not exclude the possibility of their application in judicial proceedings as a means of ensuring the consistency and predictability of justice. Judicial interpretation and concretization of the norms and principles of law by the highest judicial bodies form legal positions for the lower courts, ensuring the certainty and unity of the application of the norms and principles of law in specific disputes. At present, the activities of the highest court on the interpretation and concretization of the norms and principles of law are relevant for the law enforcement officer and require theoretical and legal substantiation. Suggestion for the development of a unified concept of judicial interpretation and concretization of the norms and principles of law by the judicial authorities determined the purpose of this work, and the tasks set made it possible to reveal the features of judicial interpretation and concretization, the need to apply the legal positions of the higher judicial authorities on the interpretation and concretization of the principles and norms of law by lower instances. Materials and methods. This goal was achieved through the implementation of tasks: generalization of scientific views on these legal phenomena, analysis of the current federal legislation, judicial practice of higher courts, containing the legal positions of interpretation and concretization of the norms and principles of law. The methodological potential includes research methods: dialectical, comparative legal, systemic, formal legal. Results. The scientific substantiation of a unified approach to judicial interpretation and concretization made it possible to identify the need to use legal positions on the interpretation and concretization of the norms and principles of law by judges in the administration of justice. Conclusions. Judicial interpretation and judicial concretization of the norms and principles of law has the specifics of the formation and implementation of the judicial authorities, which contributes to certainty and consistency in judicial enforcement.

Given the absence of a legal mechanism for implementation of referendum in Ukraine, even despite the direct effect of the provisions set forth in the Constitution of Ukraine there is no possibility for practical implementation of a number of provisions of the Fundamental Law of Ukraine from the perspective of the people's will. Working on the draft "referendum" law, the legislator should give consideration to the legal positions of the Constitutional Court of Ukraine (CCU) so as to prevent its possible recognition as non-compliant with the Constitution of Ukraine (as unconstitutional) based on its content. As shown by the analysis of recent research and publications, despite the doctrinebased need for normalization of the relations in terms of organizing and holding of the All-Ukrainian and local referendums, there is still no relevant law on referendums in the system of national legislation. In any State, the will of the people should be the keystone of government's power, so exercise of the people's will through adoption of binding decisions is a form of the people's sovereignty implementation. Such legal considerations underlie a number of legal positions formed by the constitutional jurisdiction body as regards the people's will. The article aims at making a substantive analysis of the legal positions of the Constitutional Court of Ukraine formed by the latter in the context of interpreting the provisions of the Constitution of Ukraine regarding referendum as a form of direct democracy, as well as from the perspective where the legislator takes into account its legal positions when developing draft Law No. 3612 on people's power through the All-Ukrainian referendum. Results of the study show that a lacking procedural law support to the implementation of referendum as an institution undermines the authority of the Constitution as the Fundamental Law of the State and makes it impossible for the Ukrainian people as "the only source of power in Ukraine" and "the holder of sovereignty" to implement direct power in the State at the All-Ukrainian and local levels, which is inadmissible in a rule-of-law State. For the first time, resting upon the generalized legal positions of the Constitutional Court of Ukraine, the authors have formed a legal approach according to which inability of the Ukrainian people to exercise their constitutionally enshrined right of power to decide on various issues via referendum is seen as a manifestation of the alienation of "the people's sovereignty" from its constitutional holder, since referendum is a form of exercise of their discretionary powers. Presenting their final generalizations, the authors of the publication: a) proposed their own definition of the concept "legal position" as a stable conceptual legal statement of CCU about the content of provisions of law which CCU has formed by subject-systematic assessment and clarification of their conceptual meaning, thus precluding substantive legal uncertainty in the theory and practice of national lawmaking and State-building, or identifying such a substantive legal uncertainty which rulemaking bodies are expected to eliminate; b) identified CCU's key legal positions from the perspective of the people's power through referendum; c) reviewed a respective consistency of provisions of draft Law No. 3612 with the legal positions of the constitutional jurisdiction body and thus made a generalization about the need for its substantive refinement. [ABSTRACT FROM AUTHOR]

The article highlights some problems pertaining to how the Supreme Court ensures the unity of court practice in modern realities. The purpose of the study is to identify the threats to modernization of the mechanisms which ensure the unity of court practice; to develop proposals for their improvement and expansion; to define the concept and types of the mechanisms which ensure the unity of court practice in general. The author shows the importance of ensuring the unity of court practice from the perspective of the European Court of Human Rights. Furthermore, the author critically analyzes the new approaches developed by the Grand Chamber of the Supreme Court with a view to ensuring the unity of court practice and proves that they are insufficient and have low efficiency in the situation of changingness (where the Supreme Court deviates from its own legal positions on numerous occasions) and a growing plurality of legal positions of the Supreme Court. The conclusion is made about the need to modernize (improve) the existing mechanisms which ensure the unity of court practice with a view to enhancing their efficiency. The article criticizes the progressive tendency of making the Supreme Court's legal positions binding (giving them the meaning of a case in precedent) at the legislative level (by making appropriate changes to the procedural codes), and forecasts possible probable threats and negative consequences of such an innovation. A special focus is given to the concept and signs of a case in precedent and its nature. The author notes that the essence of a case in precedent primarily depends on the legal system within which it has originated and develops. The author also notes a trend to an enhanced role of law. The article suggests alternative ways to ensuring the unity of court practice in economic court procedure. The concept and types of mechanisms ensuring the unity of court practice in economic court procedure are defined. They are classified by their content and orientation. [ABSTRACT FROM AUTHOR]

Copyright of IUG Journal of Sharia & Law Studies is the property of Islamic University of Gaza 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.)

The development of Islamic banks as part of the Islamic economic system in Indonesia can be said late compared to that in other countries whose population is predominantly Muslim. However, the legal position of Islamic banking is juridically strong and aligned with other conventional banks. If a dispute occurs to those banks, according to the decision of Constitutional Court No. 93/PUU-X/ 2012 stating that it can be solved using two ways, namely, litigation and non-litigation. Problem solving using way of litigation becomes the absolute uthority of religious courts, while problem solving using nonlitigation, each party may choose the solution which is not only that explained on Article 55 paragraph (2) of Law No. 21 of 2008 concerning Islamic Banking, but it can also take other alternatives according to the deal made. Surveillance towards Islamic Banking is held not only by insider but also by independent regulatory institution namely DPS and DSN that both have duty of maintaining the Islamic banking towards an ideal situation and keep the Muslims. In addition, as a form of public participation, all Muslims have an obligation to conduct surveillance towards Islamic banking either directly or indirectly as a vehicle for commanding the good and forbidding dishonor towards the implementation of Islamic banking as the Islamic economic life

The paper reports the results of an analysis of opportunities provided by using the tools of practical psychology in lawyer’s practice. The authors distinguish psychological aspects of such legal category as a legal position, and also a variety of client’s psychological conditions that foster its formation. They also describe specific patterns of behaviour of a lawyer and a client which promote establishing and maintaining of a psychological contact and confidential relations between them. The authors show the opportunities to create a client’s orientation in a legal situation, using the methods of active listening. They also present the results of research on the conditions that provide an effective interaction between a lawyer and a client in a course of formation of a legal position. The results of participant observation of a lawyer-client interaction reveal that the effectiveness of a lawyer’s work on formation a client’s legal position is related to a quality of psychological contact and a credibility of relations between them. One of the indicators of this effectiveness is completeness of client’s orientation in his/her legal situation. They show that the relation between these indexes is mediated by the use of methods of active listening and conversation techniques. Thus, developing his professional competence by mastering psychological methods of impact on a client, a lawyer can significantly increase his efficiency of rendering a legal aid.

Objective: to determine the differences between the legal position and the decision of the constitutional justice authority, to identify the essence of the legal positions of the constitutional control bodies as a complex legal phenomenon and its impact on the legal system of the Russian Federation. Methods: scientific analysis (analysis of theoretical sources); synthesis method; systemic-structural; generalization of materials on the theme studied, structural-functional, historical; specific scientific methods: techno-legal, comparative legal, formal legal. Results: the article defines the concept of the legal position of the Russian constitutional court, the characteristics and essence of the phenomenon; we study the formation of the legal positions of the Russian constitutional court. Scientific novelty: to date in the legal literature there is no consensus on the concept and juridical nature of the legal positions of the Russian constitutional court, their correlation with the decision of the specified authority. The author reveals the essence of the legal positions of the constitutional controlbodies as a complex legal phenomenon and its impact on the Russian legal system, highlights the similarities and differences between the legal position and the decision of the constitutional justice. Practical significance: the theoretical and practical proposals of the author may be used in the improvement of the Russian legislation, as well as in lectures and workshops on the subjects related to the research topic.