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    270 research outputs found

    Provisions on investment registration certificates upon establishment of enterprises and cooperatives in Vietnam – Shortcomings and recommendations for improvement

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    An investment registration certificate in Vietnamese law is a written or electronic document that records the investor's registration information on the investment project. This Certificate is a mandatory prerequisite for foreign investors to establish or participate in establishing economic organisations in Vietnam, including companies and cooperatives. The methodology employed in this study is qualitative research. This study uses the literature approach and the Statute approach. This rule has a few exceptions, but it is usually required. Nevertheless, the Law on Investment, the Law on Enterprises, and the Law on Cooperatives all contain several illogical and inconsistent provisions for the most part. Because of this, the application of the law becomes more complex. Therefore, to enhance the Vietnam Law on Investment, it is essential to continue improving, revising, and supplementing the provisions of the Vietnam Law on Investment, the Vietnam Law on Enterprises, and the Vietnam Law on Cooperatives

    Principles of law in the legal regulation of social relations in modern conditions: administrative, criminal and constitutional aspects

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    The purpose of this paper is to conduct an independent study on the position of legal principles in the legal regulation of public relations in the context of digitalization. In writing this paper, the functional research method was used. The functional research method allows for a thorough clarification of the dynamic aspects of legal principles, their practical objectives, their position and role in the law and in other elements of the legal system of society in general, and their impact on social relations in the form of legal regulation and other forms of legal influence (informational, value-oriented, psychological, system-shaping, etc.). Although the role of legal principles in today's various legal systems is not the same, it is nevertheless concluded that legal principles are one of the sources of law practically everywhere, whether nominal or de facto. The importance of legal principles is that they serve as a framework, the basic structure of the legal system; that they are a guide in the process of development and formation of law; that they have a significant impact on the formation of people's legal consciousness; that they can be a direct basis for making individual legal decisions in a particular case; that they can provide a legislative blanks, reflected in the fact that legal principles can be used as a legal basis for considering legal issues, and that legal principles contribute to the correct interpretation of legal norms while they serve as a source of law

    Administrative and legal status of public administration subjects regarding countering terrorism: Constitutional and Theoretical Aspects

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    The aim of the research was to make known the administrative and legal status of the subjects of public administration in the field of counter-terrorism. It was found that a rather clear and logical structure of state bodies in the field of organization and coordination of the fight against terrorism has been created in Ukraine. The system of anti-terrorist entities is a set of specific, legally defined institutions that interact with the aim of preventing, detecting, stopping and minimizing the consequences of terrorist activities. The following methods were used in the research: analysis of biographical sources, synthesis, deduction, comparative analysis and meta-analysis, etc. In the conclusions it has been established that the President of Ukraine, the Verkhovna Rada and the Cabinet of Ministers are the key actors in the fight against terrorism in the system of higher authorities. The defining areas of action of the President of Ukraine in the sphere of counter-terrorism, are the activities aimed at regulatory and legal support of counter-terrorism in Ukraine, which implies: creation, liquidation, reorganization and management of relevant counter-terrorism entities

    The Rights of Leave of Absence of Civil Servants

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    Civil officials have several rights conferred by the Constitution as well as by laws and regulations to facilitate the successful execution of their responsibilities. These rights encompass the entitlement to the appointment, provision of service and security, retirement, resignation, the ability to initiate a complaint or legal action, the formation of a trade union, collective bargaining, leave from employment, special considerations in prosecution and trial, protection against accusations and defamation, as well as the right to remuneration and travel expenses. This paper will succinctly examine the overarching rights of federal servants and will thoroughly analyze the "right to leave." Article 50 of the Constitution of the Republic of Turkey ensures employees' entitlement to a day off, while statutory regulations govern paid weekly and annual leave as well as official holidays. Furthermore, Article 23 of the Government Servants Law No. 657 mandates that government servants are entitled to leave under conditions and durations prescribed by law, enabling them to take leave for rest or other purposes. Within this framework, the legislation governs five types of leave: yearly leave, special leave, sick leave, compassionate leave, and unpaid leave. This study employs a qualitative methodology encompassing two primary approaches: a literature review and a legal analysis. The literature review is conducted by examining several academic sources, books, and journals pertinent to the rights of civil servants, particularly the right to quit. This analysis examines the evolution of leave-related rules and regulations across various international contexts and their implementation in Turkey. The legal framework is employed to examine the statutes and regulations pertaining to the rights of government servants in Turkey, encompassing Article 50 of the Constitution and Law No. 657. This article assesses the alignment between legal theory and practice on the right to leave. The study's findings indicate that, despite the legal promise of leave for federal personnel, its execution frequently encounters challenges, particularly concerning the duration and requisite administrative conditions. This paper presents an extensive analysis of government servants' leave rights in Turkey and proposes enhancements for the execution of this right to promote equity and well-being among civil servants

    Settlement of Criminal Cases through Integration Customary Law Values Angkon Muakhi in Lampung Province

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    The current Indonesian criminal law, although it has used the restorative justice method, has not been able to resolve the core of the problem and has not restored balance in society, so the settlement of criminal acts is not complete to the community, the victim and the victim's family. The importance of criminal law policies for the settlement of criminal cases through the integration of Angkon Muakhi law is to realise justice, benefit, balance, and kinship in criminal law enforcement. This research method uses the combined theory paradigm and mixed legal system to generate new ideas in settling criminal cases. This research is normative juridical and empirical juridical research with a socio-legal approach. In-depth interviews were carried out in primary data collection; sources were determined by the snowball method, while secondary data collection was carried out using a literature study. The findings of this study indicate that the enforcement of criminal law at this time still does not involve the community. There are still the rights of victims' families and communities that have not been restored; even though restorative justice has been resolved, it still leaves disputes, seeds of conflict and grudges both from the victim, the victim's family and the surrounding community. Prison sentences are still prioritised in light cases and negligence, both in the investigation process, prosecutors' demands, and the judge's decision. The importance of resolving criminal cases through integrating the customary law values of Angkon Muakhi, which can resolve cases, conflicts, hostilities and disputes between perpetrators, victims and the community

    Corruption in Higher Education; A Comparative Studies on Whistleblowing System between University of Stanford and Universitas Indonesia

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    This study seeks to demonstrate the utilisation of the whistleblower system in higher education to mitigate academic dishonesty and fraud, emphasising a comparison between Stanford University in the United States and the University of Indonesia. The study's findings indicate that both universities acknowledge the significance of witness protection within the whistleblowing framework, particularly to safeguard the safety and security of whistleblowers. Stanford University and the University of Indonesia provide conventional reporting mechanisms; nevertheless, Stanford University possesses superior reporting governance and regulations. Both schools offer application-based reporting mechanisms; however, Stanford University maintains an exceptional framework for reporting management rules and whistleblower protection. This study's conclusions aim to assist Indonesian universities in establishing efficient reporting methods and procedures to eliminate corruption and enhance academic integrity. This study employs a qualitative research methodology encompassing two primary approaches: a literary approach and a law approach. The literature review method examines academic literature, publications, and regulations about whistleblowing in higher education institutions in the United States and Indonesia. This literature analysis examines the optimal practices of whistleblower systems in several international universities and their implications for higher education in Indonesia. A legal framework is utilised to explore the existing regulations and statutes, specifically concerning witness protection, whistleblower security, and the enforcement of academic integrity. This entails an examination of the legislation and internal university policies concerning whistleblowing in each nation. The study offers a comprehensive comparative analysis of the effective implementation of whistleblower systems in Indonesian universities, along with recommendations for enhancing reporting governance policies to foster a more transparent and accountable academic environment

    Restitution as a Prerequisite for Case Termination: Analyzing Conditional Exoneration in Russian Criminal Procedure

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    In this scholarly article, the researchers methodically examine the protocols involved in discontinuing criminal cases through the conciliation of the involved parties, as well as ceasing criminal prosecution on the grounds of active contrition, contingent upon the pivotal requirement of recompensing the damage inflicted by the criminal act. The study substantiates that the investigator, or the individual responsible for the preliminary inquiry, bears the mandatory duty to ascertain, via investigative measures, that the injury wrought by the criminal offence has been comprehensively redressed. The authors delineate that the transcript of the victim's interrogation is the most prevalent procedural document, signifying that the conciliation procedures are mutually satisfactory, voluntary, and indicative of the parties' willingness and preparedness to reconcile. Conclusively, the authors infer that exemption from criminal accountability and the consequent cessation of the criminal case, predicated upon reconciliation or earnest remorse, is contingent upon the substantiated evidence of actual compensation for the harm engendered by the criminally punishable deed

    Protection of the Rights, Freedoms and Interests of Ukrainian Citizens in Court Proceedings During the War

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    The article aims to reveal access to justice during wartime in cases related to protecting citizens' rights, freedoms and interests. Active hostilities are taking place in most regions of Ukraine, making it impossible to deliver justice in administrative courts. However, the High Council of Justice has resolved this issue properly, so access to justice in Ukraine during wartime in cases related to protecting citizens' rights, freedoms and interests is currently possible following the Constitution of Ukraine. Courts are obliged to administer justice even under martial law, and their powers are not suspended. To ensure access to the Court, the Supreme Court changed the territorial jurisdiction of about one hundred courts in Ukraine. In connection with the introduction of martial law in Ukraine, all procedural terms shall be renewed, consideration of cases shall not be stopped, and excessive formalism on the part of judges shall not allowed. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, and methods of analysis and synthesis. The article analyzes the Decision of the ECtHR, and based on this, the author concludes that the ECtHR considers financial costs as an obstacle to accessing justice. Access to Court is adequate only when a person will have a real opportunity to challenge wrongful actions in practice. According to the ECtHR, the construction of Article 6 of the Convention is effective only if the case is considered in Court. The ECtHR singles out the right to access the Court as a component of the right to a fair trial. Attention is drawn to the fact that courts must take all measures to restore violated rights

    Comparative Legal Analysis of the Use of Electronic Format of Criminal Cases and the Procedure under the Code of Criminal Procedure of the Russian Federation

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    The article deals with foreign experience of digitalization of preliminary investigation. Russian Federation is dominated by conservative views of law enforcers and legislators on this issue. Currently there are only small steps towards the digitalisation of preliminary investigation in our country. At the same time it has been established that the introduction of various information systems and automated workstations into practice, which was supposed to create a unified system and network of wide coverage, has not happened due to the lack of a unified request from the system of investigative bodies and technical capabilities, as well as lack of an urgent need for changes in the working procedure on the part of investigators and interrogators. In conclusion, the authors conclude that there are currently only minor steps towards digitalisation of pre-trial investigations and the creation of an electronic format for criminal cases in the Russian Federation. However, it is obvious that the rapidly developing information and telecommunication technologies will do their job in this aspect as well, which will lead to the creation and successful testing of the topic studied by the authors

    Revenues and expenditures of the state and local budgets in Ukraine in peacetime and under martial law: regulatory and legal provisions

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    Martial law dictates the need to guarantee the proper level of execution of the state and local budgets, as well as to identify and attract additional sources of income and implement a rational and economical concept of expenditures. The level of coherence and efficiency of interaction between participants in the budgeting process determines the possibility of maintaining financial stability and avoiding macroeconomic imbalances. This article aims to analyze the regulatory revenues and expenditures of Ukraine's budgetary sphere during peacetime and wartime. The study involved general scientific methods, including analysis, synthesis, comparison, abstraction, specification, and generalization. This research analyzes the current state of regulatory and legal support of the state and local budgets. It outlines the concept of budgetary resource management in wartime. The author has found that the realities of wartime have led to some changes regarding filling budgets and forming expenditures. The study identified signs of budget deficit and specific issues that arise in contrast to peacetime processes. The author analyzed the indicators of the consolidated budget for pre-war and wartime and studied the vector of financial budget differentiation by sectors and programs. It is determined that the share of expenditures of the State Budget of Ukraine is focused on ensuring Ukraine's defense capability, which is dictated by wartime. The author has outlined the specific features of forming the local and State budgets during wartime, and the main issues of this process have been highlighted. In addition, the author formulated the main priority areas of optimization in the field of budgeting during wartime and in the context of further socio-economic development

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