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The deliberations will be aimed at the basic meanings of legal trust, its social role in the development of society and the relationship between law and social evolution. The considerations carried out is to confirm the assumption made of the complex nature of trust and its role in social development. First of all, formal and legal entrustment arises when the formal requirements of the legal system are guaranteed – coherence, non-contradiction, differentiation, hierarchy. Secondly, trust in the law arises in the situation of the existence of institutional guarantees of the rule of law and the systemic principle of trust, which is expressed not in retroactivity, correctness of legislation, protection of acquired rights, protection of the so-called interests in progress. Taken together, the fulfilment of these requirements determines the stability of the state of law, the predictability of its application, legality, durability, and, consequently, the ontological security of individuals and social development. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the right to file a constitutional complaint as a component of ensuring access to constitutional justice. Based on the analysis of Ukraine’s legal doctrine and legislation, it has been established that the institution of constitutional complaint became a novelty within the framework of the institutional judicial reform regarding justice in 2016, which was accompanied by amendments to the Constitution, and the practical implementation of these provisions, as well as the consideration of constitutional complaints by the Constitutional Court of Ukraine began in 2018. The article establishes that the peculiarities of the constitutional complaint in Ukraine allow it to be characterized as individual, direct, and «partially normative,» since its subject matter only covers «the law of Ukraine,» with the object of the constitutional complaint being limited exclusively to laws of Ukraine. The Ukrainian model of the constitutional complaint, by its potential, serves as an effective tool for protecting constitutionally guaranteed human rights, with the condition of its effectiveness being the productive activity of the Constitutional Court of Ukraine. At the same time, the author draws attention to the debatable nature of limiting the object of the constitutional complaint exclusively to laws of Ukraine in view of the needs and realities of Ukrainian society in terms of guaranteeing human and citizen rights and freedoms. It is proposed to expand the range of legal acts that can be challenged through a constitutional complaint to verify their constitutionality, including other normative legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, and legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea in cases where the application of these acts in a specific case led to a violation of the rights and freedoms enshrined in the Constitution of Ukraine. It has been established that the introduction of the institution of individual constitutional complaint is a valuable step in the context of ensuring an individual’s access to constitutional justice in Ukraine and a guarantee of the effectiveness of the right to judicial protection. It is concluded that the right to file an individual constitutional complaint is an important guarantee of access to justice, as it ensures the nonillusory nature of democratic values, the principle of the rule of law, and contributes to the development of a judicial system that guarantees equality before the law and a fair trial [ABSTRACT FROM AUTHOR]

The Constitution of Ukraine, the Criminal Code of Ukraine, the rule of law, p. According to the study of this direction, various scientists paid a lot of attention to the study of the problems of official criminal offenses and the use of special knowledge in general. However, no monographic scientific research has been carried out in Ukraine, which would combine scientific assets in the direction of special knowledge and official falsification and would reflect a comprehensive approach to the mentioned issues, despite the undoubted relevance of this topic and the need for practice, 89.6% of the respondents testified to the need for a comprehensive study of it. And although combating corruption was identified as one of the state's priority areas, law enforcement agencies have difficulties in proving official forgery, which actualizes the need to highlight the possibilities of using special knowledge during the investigation of such facts. So, based on the experience of scientists, practical workers, taking into account changes in legislation and the specifics of official criminal offenses, we made an attempt to investigate the origins of the development of scientific opinion on official forgery, the possibilities of using special knowledge during their investigation, and to determine the main directions for improving their investigation. The closest to the topic of our research is the organization and tactics of the investigation of official forgery, which highlights: the content of the forensic characteristics of official forgery, its elements, such as the methods of committing the crime, the identity of the criminal, the object of the crime, a typical investigative picture; correlational dependencies between the elements of the forensic characteristics of official forgeries were revealed; types of methods of counteracting the investigation of official forgery in modern conditions (refusal to issue documents, items requested by the investigator, limiting the investigator's access to information, refusal to provide samples for comparative research, influence on the investigator, in particular with the help of a defense attorney), the means of overcoming them are outlined; classification of means of investigative verification of information on the detection of signs of official forgery; the classification of circumstances to be established during the investigation of official forgeries, namely: general circumstances characteristic of the investigation of crimes in general, and special circumstances - the fact that the forged document belongs to an official one, the type and method of document forgery, the connection of the forged document with others and the consequences, that arose in connection with the validity of the document, etc. [ABSTRACT FROM AUTHOR]

This study examines how democracy and its political attributes (such as free elections) and social attributes (such as gender equality) are perceived by people who come from nondemocratic countries and have lived for several months in a democratic society. The data were collected in Quebec using an original questionnaire completed by 127 adult immigrants. The results indicate that recent immigrants from nondemocratic countries primarily view democracy as a society based on the rule of law with strong social control. They consider free elections significantly more important to democracy than the possibility to vote for any political party. Contrary to expectations, recent immigrants view gender equality as essential for democracy, although this importance varies according to sphere. Immigrants' conceptions of democracy also signify the most salient characteristics of the social and physical environment of the host society as the most important democratic features. The study illustrates the multifaceted nature of the process of forming ideas about democracy among immigrants socialized in nondemocratic societies. Not only is theoretical knowledge about democracy as a political system part of these ideas, but everything observed in a democratic society can be perceived as attributes of democracy. The results indicate that immigrants' impressions of the social and physical environment in their host society should not be overlooked when analyzing their ideas on democracy. Consequently, the study concludes that a more welcoming society can foster more positive visions of democracy among newcomers from nondemocratic countries. [ABSTRACT FROM AUTHOR]

This article explores how states mobilise ideologies of the rule of law to legitimise, facilitate and obscure human rights violations, especially in the context of citizenship and migration. There is a global pattern of states using ostensibly legal means to undermine citizenship status of vulnerable minorities. In several national contexts, the invocation of the rule of law and the use of legal identity documents are interlocked. States have relied on the regimes of documentary citizenship as the legal face of citizenship deprivation. This article studies India's north-eastern state of Assam – one of the most striking instances of this pattern – where bureaucratic practices of citizenship adjudication have threatened the citizenship status of more than 3 million people. It shows that despite being centred around them, the administrators of documentary citizenship routinely disregard identity documents in their everyday functioning. It argues that India's ethnicised politics towards immigration constitutes contradictory attitudes towards identity documents. Officials imagine legal identity documents as legitimate and viable, and simultaneously compromised due to administrative corruption and complicity. This documentary doublethink engenders grave instability of citizenship status. The article illuminates how the rule of law – like the documentary regimes it sustains – is Janus-faced by producing and obscuring precarious citizenship. [ABSTRACT FROM AUTHOR]

This special issue critically examines the interplay between the law and politics of state trans/formation, status precarity and the abuse of law. Globally, governments have exercised state power to undermine citizenship status, democratic well-being and the rule of law. This introduction makes the case for this focus and highlights the range of the special issue's intervention. Firstly, it shows how the contributions in the special issue build upon scholarship that tackles these three values independently and offers a more comprehensive analysis of contemporary challenges of the law and politics of citizenship. It studies the mutual attrition of citizenship, law and democracy by adopting a focus on South and Southeast Asia, especially India, Myanmar and Sri Lanka. Secondly, it emphasises the special issue's methodological contribution by drawing from the theory-generative capacities of focusing on Asia and the Global South more generally. Thirdly, the introduction highlights the cross-cutting substantive contributions of the articles, especially status liminality and statelessness, securitisation and authoritarian politics, bureaucracy and paperwork, and minority and human rights. [ABSTRACT FROM AUTHOR]

The article explores the 1958 “Harvard” conception of legal reasoning presented by the British philosopher and jurist Herbert Hart, within the context of a contemporary reinterpretation by American jurist and historian of legal thought, Gerald Postema. Postema’s interpretation, labeling Hart’s view as “settled-meaning positivism”, posits it as a unity that encompasses both the delineation of distinct types of argumentation in the realms of “core” and “penumbra” (linguistically mediated clear and controversial cases of law enforcement) and the reduction of law and legal reasoning to the “core” of rules and their established linguistic meanings. The article aims to analyze Postema’s perspective in the broader context of the evolution of Hart’s views on legal indeterminacy and judicial decision-making. The relevance of this topic lies in the necessity for a more comprehensive and balanced reconstruction of Hart’s theory, which is paradigmatic for modern positivism and Anglophone jurisprudence, in the light of the contentious and narrow character of its assessments. The authority of the Postema’s interpretation, seen as providing new insights into the work of the British jurist, adds to the relevance of this analysis. The research uses diverse, primarily hermeneutical, methods, drawing from Postema’s paper and the available body of Hart’s writings, as well as the representative biographical and scientific literature. The article examines the historical context of the 1958 essay’s creation and the doctrine of judicial reasoning contained within it. Ultimately, while recognizing the stimulating role of Postema’s re-description of the 1958 doctrine, the article finds some of its key assertions (including Hart’s understanding of the nature of legal indeterminacy and judicial choice, the attribution of “settle-meaning positivism”, and a doctrine of the rule of law) to be contentious or unwarranted.

Trade and sustainable development (TSD) chapters in international trade agreements include labour provisions with a view to prevent a "race to the bottom" and reaffirm the existing international labour commitments. When properly formulated and implemented, these provisions could have positive normative impacts on the international and domestic rule of law. This article provides a critical analysis of the evolution of labour standards in international trade agreements, particularly focusing on the European Union's (EU) approach, in comparison with the approach in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). More specifically, it considers ways in which trade agreements contribute to the improvement of labour standards in domestic legal systems. While EU trade agreements embrace minimum standards under international labour law rather than higher standards that apply in the EU legal order, the article argues that there is at least a normative shift towards a more efficient implementation of labour rights through EU agreements, which could make a limited contribution to the rule of law. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Business Administration & Social Studies is the property of Aves Yayincilik Ltd. STI 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 question of whether democracy as a system of government helps combat corruption is a subject of debate, particularly in developing countries where democracy is practiced. The objective of this article is to answer a fundamental question: Should democracy be blamed for corruption in Ghana's Fourth Republic? In addressing this question, this article uses interviews, media reports, Ghana's constitution, relevant governance indices, and scholarly literature to argue that if constitutionalism and the rule of law, vital to democratic governance, are not respected, democracy cannot be blamed for the persistent corruption in Ghana. Hence, for democracy to help curb corruption, citizens—mainly the power elite—must take a keen interest in promoting constitutionalism and the rule of law. Based on the Ghanaian case, this article contributes to the ongoing debate on the relationship between democracy and corruption, especially in the sub-Saharan African context. [ABSTRACT FROM AUTHOR]

Maritime security is an essential component of national security, and the effective maintenance of China's maritime security urgently needs a complete guarantee of the rule of law. Since the founding of the People's Republic of China in 1949, the construction of domestic law on maritime security has undergone three phases: slow development, formation and refinement. Although the rule of law in the seas has been constantly improved, it has provided essential safeguards for maintaining China's maritime sovereignty, security, and rights and interests. It has facilitated the development of maritime undertakings. However, it still faces problems such as the lack of an explicit constitutional basis, the law of the sea is not an independent departmental law, the absence of the fundamental law of the sea, the lack of operability of marine legislation, and the existence of some gaps in marine laws. Given the problems with the current domestic law on maritime security, it is necessary to make improvements in the following areas: adding marine provisions to the Constitution, formulating the fundamental law of the sea and other marine laws, improving local marine laws, and introducing implementing regulations. [ABSTRACT FROM AUTHOR]

Copyright of Ankara Barosu Dergileri is the property of Ankara Bar Association 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 Bulletin of the L.N. Gumilyov Eurasian National University. Law Series is the property of L.N. Gumilyov Eurasian National University 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 analyzes the issues of managing crises in the context of fragile states, co-optations and, consequently, focuses on the logic of political survival. Excluding particular social groups from exercising power increases the risk of serious internal political tensions and even civil war. Yet, the question remains: why do fragile state governments exclude social groups in the first place if this threatens the survival of the regime? In the political regimes of fragile states, an important response to patterns of social exclusion can be found in the formation of political coalitions. Ruling social groups have sufficient incentive to exclude groups even more powerful than themselves because they cannot credibly pledge loyalty to the ruling group. Hence, potential allies avoid joining coalitions with stronger ruling parties. The above problem of mutual support and joint commitment leads to potentially power-equivalent political alliances. Yet, political regimes of fragile states facilitate the creation of coalitions of less balanced power (co-option) with institutions that alleviate the problems of political tensions and differences. The above arguments regarding forming alliances and political parties are tested based on data on the political groups "grasping" power and their status. Moreover, in political regimes of fragile states, the elites "holding power" are more willing to conclude agreements that balance the political power of all possible coalition partners. In this context, however, the diverse specificity of political groupings determines the degree of balance of the particular political scene. [ABSTRACT FROM AUTHOR]

Research Summary: Police brutality is a widespread phenomenon around the world. Particularly gruesome human rights abuses in the course of policing take place in Latin America, the world's most violent region outside war zones. Democratic institutions such as competitive elections, checks and balances, and judicial independence are insufficient to prevent police from abusing their power. What factors explain that police engage in abusive behaviors, including illegal arrest, the fabrication of evidence, the use of torture to extract confessions, and the excessive use of force causing injury or death? How can societies restrain these abusive behaviors and subject police to the rule of law? Police behavior is shaped by a combination of institutional, societal, political, organizational, and individual factors. Inquisitorial criminal justice institutions, inherited from the colonial past, have persisted in Latin America until very recently. This meant that democracies in the region were born with weak due process protections that have enabled state authorities and police to abuse their coercive powers as they investigate and prosecute crimes. Police brutality is further the product of security policies. High crime rates and the presence of highly organized criminal groups have pushed many Latin American governments to adopt militarized security interventions ‐including deploying the armed forces to control crime and militarizing police forces. Populist demands for harsh policies, moreover, generate incentives for politicians to adopt security strategies that violate human rights and which, in the long run, increase violence in society. The most affected groups are the poor, people of color, and those living in impoverished minoritized communities. Policy Implications: It is essential to strengthen due process protections and judicial oversight over police to reduce torture and other forms of police brutality. Police demilitarization and, under some conditions, community‐oriented policing approaches can sharply reduce the use of excessive force causing injury or death. Body‐worn cameras (BWC), moreover, can effectively be used to reduce police abusive behavior —and violence against police officers — even in high violence situations and where toxic police‐community relations prevail. One limitation of this technology is that it gives too much leeway to frontline officers to turn their cameras on. Poor supervision can further undermine police compliance with camera protocols. These problems can be overcome by assigning cameras to supervisors and using more advanced technologies that allow turning cameras on from the main station. Monetary incentives that reward police officers "to kill less" is another effective policy intervention to reduce police violence causing injury or death. [ABSTRACT FROM AUTHOR]

The article presents a review in the form of theoretical knowledge and critical understanding of cognitive premises, value formations and ideas about law, conceptualized in the chapter "Ethical and legal foundations of medical triage standards in the Russian military medical service" in the book "Lack of resources in an unfavorable environment: an ethical study principles of medical triage and procedures for providing medical care", published in 2023 by the Springer publishing house (Switzerland). The authors note that the reviewed chapter of the monograph is of theoretical, empirical and practical interest for researchers in healthcare organization, including in conditions of armed (military conflicts), philosophers, lawyers, as well as medical and legal students. This interest is due to the fact that the author of the chapter under review successfully managed to describe, justify and reveal the substantive characteristics of the ethical and legal foundations of medical triage in the activities of the Russian military medical service. Cognitive, legal, informational, value and prognostic aspects are the obvious advantages of the chapter under review, which will contribute to its popularization among readers.

Rapid development of information and communication technologies brings many challenges and risks for the protection of personal data since the internet has become enormously influential in virtually every aspect of daily life. Privacy and data protection are interrelated since data protection is a legal mechanism that ensures privacy of the subject on the Internet. Privacy is a fundamental human right, recognized in many international and regional human rights documents. The misuse of technologies has just recently shed some light on the meaning and importance of this subjective right in contemporary societies, and has also pointed to the problem of defining its content in context of informational and technological development. Digital transformation also affects the way how companies analyse consumer preferences in order to create personalized ads. The paper examines the right to privacy of personal data, existing legal framework for the protection of privacy and personal data and its impact on the rule of law in the EU, focusing on the examining of existing rules on processing personal data on the Internet, particularly legal regulation and challenges of processing personal data for the purpose of profiling and behavioral advertising on the Internet, using cookies. By processing data, companies on the Internet aim to develop new advertisements, products, and services specified to the particular consumer needs. Recent landmark decision of the Court of Justice of the European Union C -- 252/21, (Meta Platforms and Others v. Bundeskartellamt) is analyzed as well, because it clarifies several points of data protection law, namely GDPR, regarding personalized use of consumers' personal data for behavioral advertising on social network platforms. The Court of Justice of the European Union made it clear that the personalization of advertising financed by the Internet social network Facebook cannot justify the processing of (sensitive) data if there is no consent given by the data subject. According to development of legislation of the European Council and the European Parliament and legal practice of the Court of Justice in digital transformation development, personal data protection became more significant and important part of regulatory framework the European Single Market. This regulation specific influences on approach and acting of public institutions, governmental bodies and private entities in personal data protection. This paper will analyze how challenges of personal data protection can influence on public institutions activity and citizens' rights in two fields of regulation: access to personal data and possibility of collecting, using and manipulation of personal data with role of public institutions in personal data protection. [ABSTRACT FROM AUTHOR]

The status of countries within the global value chain varies depending on the importance of national production capabilities in the global economy. From this perspective, there is a need for a value-added production approach that focuses on innovation and competitiveness. Technological advances and institutions are considered to play a significant role in transforming the economy towards an innovation-driven one to meet these needs. The aim of this paper is to investigate the relationship among technological advances, the rule of law as a proxy for institutions, value-added production, and competitiveness in a way that reflects crosscountry divergence. Through an analysis employed independently of countries' existing levels of development, it will be possible to evaluate whether the factors associated with institutions and innovation can produce similar results in all circumstances and for each country. In this context, a panel causality analysis that considers cross-sectional heterogeneity is employed. The analysis shows bidirectional causality between the variables, except for value-added to the rule of law. However, the results also support the existence of cross-country divergence. These findings suggest that future policy plans should be designed to consider the multidimensional nature of country-specific factors, alongside technological advances and the rule of law, and to ensure the integration of both national and international economic objectives. [ABSTRACT FROM AUTHOR]

Copyright of Selcuk Law Review / Selçuk Üniversitesi Hukuk Fakültesi Dergisi is the property of Selcuk Law Review 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.)

Bosnia and Herzegovina (B&H) has difficulty integrating and moving closer to the goal of becoming a member of the European Union (EU). From the legal perspective, the main issue is the need to fulfil the accession criteria. The article aims to examine the relationship between the obligations under the European Convention on Human Rights and Basic Freedoms (ECHR) and the obligations related to the European Union (EU) accession process, with emphasis on Bosnia and Herzegovina (B&H) as an EU membership candidate country. At first sight, those two obligations are separate. However, upon close examination, a strong link between those two obligations can be established using normative research with a historical approach, statute and case-based approach. On the other hand, the constitutional system of B&H has been described as discriminatory by numerous judgments of the European Court of Human Rights (ECtHR) and, most prominently, by the Sejdic-Finci case. B&H has difficulties implementing those judgments. Implementing those judgments is also set as one of the requirements of EU accession. Even if the two obligations seem separate at first sight, the ECHR has a special position within the law of the EU and is especially important in the accession of new Member States, including B&H. The research results show a special position of the ECHR in EU law and a link between the obligations under the ECHR and EU accession.

This paper considers the relationships between global international law and democracy as well as between democracy and human rights. Its primary assumption is that some obstacles to democracy are rooted in international law itself. Simultaneously, international law, particularly international human rights law, is also undeniably the flywheel pushing countries towards democratic governance, of which the protection of human rights is an essential element. Therefore, this paper examines the attitude of global international law to democracy and the interplay between democracy and human rights. It also traces whether a human right to democracy arises from international law. This research shows that international law has two faces. The first shows that international law is not conducive to, or at least is indifferent to, democracy. At the same time, there is another face of international law revealed by international human rights law as some pillars of democracy and the rule of law, are protected by human rights treaties. The universal hard and soft international laws and output of human rights bodies show that democracy should go hand in hand with the rule of law and human rights.

This study provides a right-based analysis of the rule of law and armed conflict reconstruction implementation practices in Rwanda. It answers the mode of implementation of the ICTR and the Gacaca court system and assessed the consistency of these mechanisms with HRBA principles using a qualitative-content approach. The study revealed the consistency of ICTR operations with the HRBA principle on the rule of law; yet, the Gacaca court system appeared the opposite. Therefore, the need to identify and strengthen specific rule of law mechanisms to prosecute respective human rights and humanitarian law violations to reduce clashes. The study recommends sanctions be applied to all perpetrators of international crimes in accordance with their level of perpetration.

This article, with a descriptive-analytical method, tries to answer the question of whether in Iran's legal system, the criminal policy of the Estiza Foundation has been fair and effective in dealing with and fighting the crime of disrupting the economic system. Therefore, while referring to the process of approval of Istiza, the challenges of Istizia in 1397 and 1399 have been examined and finally, their function as well as their strengths and weaknesses have been evaluated. The findings indicate the inefficiency of the judicial criminal policy and the failure to achieve the desired result in curbing the crime through its implementation and restricting the rights of the accused. Therefore, measured and scientific methods in the fight against economic corruption should replace the symbolic emphasis on the "war on corruption" and a fair and discriminatory judicial system for economic crimes should be designed and approved in the light of legislative criminal policy in the form of a comprehensive plan or bill. [ABSTRACT FROM AUTHOR]

The purpose of the paper is to research the influence of political environment factors on the inflow of foreign investments in Serbia. Keeping in mind that many countries in Southeast Europe find themselves in a situation where foreign investments are a necessity and a need for whole economic development, this research focused on Serbia owing to its results in foreign investment attraction during a transition period. Primary data collected using a survey technique on 88 foreign companies that invested in Serbia from 2001 to 2019 were analysed using a quantitative methodology (ANOVA and t-test). The results indicate that the stability of the government and the rule of law are the most important conditions for foreign investors in Serbia. This research's originality is reflected in the primary data and research results obtained.

The purpose of this article is twofold: on the one hand, to relate the fiscal and financial model to the Social and Democratic Rule of Law, on the other one, to transfer Spanish experiences that may be of interest to Poland, as both countries began their democratic experience and integration into the European Union a few decades ago. From a multidisciplinary perspective, the contributions that law could make to the field of political economy can be of capital importance for the consolidation of our democratic systems, public order, and social peace, analyzing the role of religious confessions. Methodology. To achieve this purpose, the analytical-comparative-interdisciplinary method was chosen as it was considered the most appropriate one in view of the close connections between economics, law, progress and social peace. The result of the research. The work shows that democracies, although they are the most effective models for achieving the highest standards of progress, and even though in the Polish and Spanish cases, they have the advantage of having served to bring dictatorial periods to an end, there is a need for effective control mechanisms. Democracies absolutely cannot degenerate into corrupt and ineffective systems under the control of large political and partisan oligarchies. The independence of the judiciary is, in this sense, an essential and inalienable element in guaranteeing the correct functioning of other state institutions. It is necessary to insist on the importance of the legal norm as an instrument of political control and its impact on macroeconomics, and the consolidation of democratic regimes, even more in the context initiated with the respective integration processes in the European Union. On the other hand, the aim is to show how beneficial tax treatment for religious denominations has a powerful effect on the achievement of the common good and social peace. In addition, it is about relating importance that has the budgetary balance and mechanisms for controlling public expenditure for the maintenance of progress and social justice in a sustainable model.

Objectives The purpose of this study is to draw attention to an important procedural institution, which is the prohibition of changing the decision to the detriment of the appellant. This prohibition is an important civilization achievement in every legal procedure, including administrative proceedings. The study presents the legal regulations of this interdict in administrative proceedings of Central European and Balkan countries. The choice of these countries is not accidental: the laws of the Austro-Hungarian monarchy had in the past codified the administrative proceedings of these countries and then deeply influenced them. Material and methods The article uses the normative acts of these countries as well as the views of the doctrine and judicial decisions. First of all, the focus was on the views of doctrine. Results In some of these countries it is believed that reformatio in peius is a natural consequence of lodging an appeal and there is no need to limit it. At the same time, in other countries the restriction of reformatio in peius seems justified, and the legislator introduces broader or narrower prohibitions on changing the decision to the detriment of the appellant party. Conclusions The pioneers in the consistent protection of the appealing party against the possibility of deterioration of the legal situation were: the Polish APA of 1960 by the prohibition of reformationis in peius, and the law passed in the former Yugoslavia in 1957. The prevailing view is that the prohibition of reformationis in peius is an important procedural guarantee for a party to the proceedings. Its validity is justified by reference to the basic principles of this procedure, such as the principle of protection of a party's interests and the principle of protection of their trust in state bodies.

This paper interrogates administrative law as organized lawlessness by engaging in the necessary theoretical expositions. The central research question of the work borders on the aptness or logic of depicting administrative law as organized lawlessness. Under a qualitative research design, the study relied on internet materials, book sources, journal articles and other secondary sources of non-numeric data to conduct its interrogations. It traced the source of delineating administrative law as organized lawlessness to Ferdinand Lundberg, an influential American social philosopher, journalist and scholar. The study found immense reason in the thesis of Lundberg. The incidence of administrative tribunals and the embedded practice of administrative adjudication (occasioning apparent detractions from the rule of law ideals) are central to the surrounding issues. Even at that, administrative law has remained an integral and critical aspect of law and administration in contemporary times. Hence, the work recommends the consideration of diverse perspectives in the relevant analyses, and continuing discussions to ensure the nonstop improvement and proper functioning of administrative law within broader legal framework. [ABSTRACT FROM AUTHOR]

Copyright of Ankara Barosu Dergileri is the property of Ankara Bar Association 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 primary aim of this article is to present the rule of law universalism as a relevant theoretical and socio-political issue that critical legal thought needs to contend with. In order to do so, this issue is described through a Marxist theoretical framework, which aids in identifying the consequences of this universalism. Furthermore, the Marxist theoretical framework is suggested as a countermeasure that allows for going beyond it. The rule of law universalism is analysed as a process connected to establishing hegemony and status quo that affects both the way the law is thought of and practiced. The post-communist context serves in fleshing out some of these consequences. Although the transition is not the main subject of inquiry, it is a starting point to a set of philosophical questions directed towards the rule of law universalism, mainly regarding historical embeddedness and socio-political dependency of the rule of law. The transitional context illustrates the tension between the rule of law treated as a generalized blueprint and the reality it is introduced to. The method of approach to this tension argued for in this paper is Marxian theorization of concept as an interplay between concrete and abstract that underlies historical materialism. This movement within concept is juxtaposed to the universalism. The philosophical investigations are followed by findings from Marxist legal theory that pinpoint the importance of concrete interventions into the legal theory that abate its ever-growing abstractness. In particular, the import of knowledges and practices divorced from the capitalist system is brought into focus. The paper concludes with a brief assessment of the possibility of overturning the rule of law universalism and a discussion on the emancipatory potential of law. [ABSTRACT FROM AUTHOR]

Bosnia and Herzegovina (B&H) has difficulty integrating and moving closer to the goal of becoming a member of the European Union (EU). From the legal perspective, the main issue is the need to fulfil the accession criteria. The article aims to examine the relationship between the obligations under the European Convention on Human Rights and Basic Freedoms (ECHR) and the obligations related to the European Union (EU) accession process, with emphasis on Bosnia and Herzegovina (B&H) as an EU membership candidate country. At first sight, those two obligations are separate. However, upon close examination, a strong link between those two obligations can be established using normative research with a historical approach, statute and case-based approach. On the other hand, the constitutional system of B&H has been described as discriminatory by numerous judgments of the European Court of Human Rights (ECtHR) and, most prominently, by the Sejdic-Finci case. B&H has difficulties implementing those judgments. Implementing those judgments is also set as one of the requirements of EU accession. Even if the two obligations seem separate at first sight, the ECHR has a special position within the law of the EU and is especially important in the accession of new Member States, including B&H. The research results show a special position of the ECHR in EU law and a link between the obligations under the ECHR and EU accession. [ABSTRACT FROM AUTHOR]

The principle of the state of law is undoubtedly one of the most important and essential principles for any state and democratic society. Its fullest realisation in everyday life is the best guarantee for the development of democracy as well as recognition and enforcement of citizens' fundamental rights and freedoms. To this end, the general principles of the rule of law today occupy a special place and are fixed explicitly in contemporary constitutions and democratic legislation. However, it should be borne in mind that the existence of the constitutional and legal framework is only a necessary premise for the rule of law. Equally important is the functioning of various control mechanisms for the implementation of constitutional and legal norms, and especially, the creation of a new mentality among both public officials and citizens expressed in the awareness to the needs for the implementation of these norms and in the reaction with legal and democratic means against their violation by anyone. The Balkan Peninsula represents great strategic importance, not only for the surrounding states but also for the criminal groups that interact in this region. Many Balkan states have been through and currently are in deep democratic transition and it is difficult to break away from their historical past. Although many law enforcement agencies in this region stand out for their professionalism, the impact of consecutive wars presents decisive factors for the triumph or failure of law enforcement institutions against various crimes in this European area. The last war was waged in Kosovo, which ceased in June 1999, has a significant importance in the increase of criminality in Kosovo. After 1999, due to poorly controlled borders, lack of legislation, creation of a new police, and the establishment of the justice system, many criminal groups from the field of narco-criminality took advantage of this situation by creating organized criminal networks for the purpose of trafficking narcotic substances and psychotropic substances from the country of origin, transiting through Kosovo, and continuing towards the country of destination which was in Western Europe. The current internal processes that Kosovo is facing are economic and social development, which are still far from regional and European development structures, which as a result of poverty and lack of perspective, for a significant part of Kosovan society, are resulting with a high crime rate. The geostrategic position of the Republic of Kosovo in the Balkans, as well as the created post-war conditions, enables various criminal groups to carry out organised crime activities. High levels of unemployment and poverty, high levels of corruption in state institutions, and lack of free movement outside Kosovo contribute to creating appropriate conditions for the development of criminality in general and organised crime in particular. In support of various analyses conducted during the research, is the author has noticed that the Republic of Kosovo, compared to EU countries, has a lower level of criminality, while compared to countries in the region where the criminality level is higher. [ABSTRACT FROM AUTHOR]

Whether democratic governance breeds corruption, especially in developing countries that practice democracy, is highly debatable. Using primary data from interviews and relevant secondary data from media reports and scholarly work, this article aims to address a fundamental question: Does democracy fuel corruption in Ghana's Fourth Republic? Although 20% of participants believed that democracy breeds corruption, about 80% disagreed. The study indicates that democracy does not necessarily bring about corruption; rather, what fuels corruption is how democracy is practiced. Based on the stage/age of democracy thesis, this study does not suggest less corruption in a dictatorship compared to democracy. Instead, the study indicates that despite its democracy being over 29 years old, corruption is still prevalent because Ghana has a flawed democracy that has failed to establish and implement robust accountability mechanisms to control corruption effectively. The theoretical and policy implication is to avoid a lengthy period of the flawed/electoral democracy phase and move to the mature democracy phase by, for example, ensuring a sustained political commitment to combatting corruption and strengthening the rule of law and accountability institutions such as the judiciary. This study extends the theoretical and empirical understanding of the relationship between democracy and corruption. [ABSTRACT FROM AUTHOR]

The philosophy of Gustav Radbruch made an immeasurable contribution to the development of the concept of the rule of law. The part of Radbruch’s philosophy that still has a great influence on thought about the relationship between justice and mere legality is certainly his Formula, which can be reduced to the venerable stance of lex injusta non est lex.[1] Simply put, according to Radbruch’s Formula, any law that is ‘unjust to an intolerable degree is not legally valid and should not be applied by courts. In this text, the author finds a similarity between Radbruch’s Formula and provision VI/3(c) of the Constitution of Bosnia and Herzegovina (B&H) and analyzes the content of the aforementioned provision, which regulates the possibility of initiating a concrete review of the constitutionality of laws by ordinary courts. The text analyzes what the aforementioned provision of the B&H Constitution stipulates and what opportunities it offers to ordinary courts when applying the law. It also analyzes the extent to which the potential of the B&H Constitution has been used by ordinary courts in the legal system of B&H.

In the construction of Europe, the rule of law is considered the foundation of all the values on which the European Union is based, and its observance is an indispensable condition for the observance of the other values of the Union, in other words, of its existence. In Article 2 of the Treaty on European Union, we find the provision that the rule of law is one of the fundamental values on which the Union is founded, which is joined in the text by respect for human dignity, freedom, democracy, equality and respect for human rights, including the rights of persons belonging to minorities. Given the importance attached to this principle, it is only natural to remain concerned and to ensure that all Member States comply with it at all times and that it is constantly monitored. In recent years, in various states, amid complex external situations and due to the economic crisis felt worldwide, there have been political actions considered to be "at the limit of the law", which were considered to affect the rule of law. All this has forced the Union to take concrete measures to strengthen the rule of law in order to prevent democratic slippages that could jeopardize the security of European construction. We will refer below to the regulations contained in the content of the Treaty of Lisbon applicable in situations of deviation from the rule of law.

In mutual connection, these provisions make it possible to most clearly understand both the essence of justice in criminal cases and to fully formulate the concept of an act adopted in its course - a court verdict, to reveal its inherent properties and requirements. This is the most important task of the theory of criminal procedure. The only basis for guilt or its absence, as well as the need to bring or exempt from criminal liability and punishment, is a court verdict, which contributes to the fight against crime, strengthening the rule of law and protecting human rights. It is this principle that gives us a real guarantee in strengthening the rule of law, in pursuing a unified criminal procedure policy, in protecting a person from illegal prosecution or non-criminal liability.

The article examines legal and political narratives regarding the accession of Ukraine to the Rome Statute of the International Criminal Court. Ukraine signed it in 2000 but has not ratified it till now (April 2023) due to political tensions and legal (legislative) disparities. The spectrum of applied methods in this research is extensive. The primary research methods used in this article to highlight essential circumventions regarding Ukraine’s full participation in the International Criminal Court’s activities are descriptive and qualitative to comparative. In this article, the author outlines the importance for every democratic country (which guarantees human rights, the rule of law, and fairness) to be party-state to the International Criminal Court; the paper analyzes its strong and weak sides, challenges, and threats of ratification. Its ratification should revitalize constitutional values (democracy, the rule of law) and human dignity in Ukraine. There reason to conclude that the initiative to create a separate international tribunal should reflect the rule of law principle application de facto and de jure. Justice must be done; it is not only about the susceptible slogans of the Ukrainian leaders addressing our partners but massive and effective legal, legislative, and diplomatic actions. It is about routine war crimes’ investigatory work on a day-to-day basis to identify those who have allegedly committed mass atrocity crimes (i.e., genocide, crimes against humanity, war crimes, and crimes of aggression) in Ukraine since 2014, specifically after the full-fledged invasion in 2022, and all perpetrators of international crimes committed in Ukraine should be brought to justice.

Copyright of College of Law Journal for Legal & Political Sciences / Magallat Kulliyyat Al-Qanun Li-L-ulum Al-Qanuniyyat Wa-Al-Siyasiyyat 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.)

In Australia's Murray – Darling Basin (MDB), the law explicitly requires strategies for managing risks to water quality and quantity. In this paper, we analyse water governance in the Basin, identifying inadequate governance standards and practices. Current arrangements in the MDB demonstrate deficiencies and vulnerabilities that limit capabilities for dealing with known or emerging risks and erode the legitimacy of governing institutions. Our analysis of the problems and opportunities for reform is informed by the OECD's principles of good water governance and the legal concept of the rule of law. We conclude that ignoring opportunities to adopt better-practice water governance is a severe risk to the MDB's shared waters. To overcome reactionary crisis-reaction reform, we propose reforms that empower critical evaluations of governance structures, rules, practices and participation. Therefore, proposed reforms of policy, institutions and legislation do not simply attempt one-off changes to enhance transparency and accountability but instead seek to enshrine processes of continuous, ongoing improvements to water governance. [ABSTRACT FROM AUTHOR]

The present article outlines the conflict between the representative of the pro-Kremlin part of the Russian minority in Latvia and the local political community. The case will be presented in the broader context of the problems that emerge due to the constitutionalisation of new democratic communities after the fall of communism, the issues of the rule of law together, with questions of its unlimited inclusiveness. By discussing the case of Tatiana Zhdanok in a broad socio-political and historical context, it will be possible to reflect on Central European dilemmas concerning the values considered to be leading within the political community. [ABSTRACT FROM AUTHOR]

The rule of law is, along with democracy, one of the main concepts of the 21st century, while Islam is, along with Christianity, the most populous religion. On the other hand, Muslim states face the problem of accepting the rule of law as a concept that originated in the West. The paper discusses the compatibility of the rule of law and Islam as well as the reason why the rule of law is not developed in Muslim countries. The authors investigate whether the underdevelopment of the rule of law in Muslim countries is inherently related to Islam or to the socio-economic circumstances that led to it. The authors of the paper put forward the thesis that the cause of the underdevelopment of the rule of law in Muslim countries is primarily caused by socio-economic circumstances, and not because of the very concept of Islam as a religion.

Copyright of Revista E-mercatoria is the property of Universidad Externado de Colombia, Departamento de Derecho Comercial 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.)