International Journal of Public Law and Policy (31 papers in press)
Love jihad in India and its socio-legal conspectus: conversion dilemma and contentious laws
by Garima Tiwari, Ankit Dhotrekar
Abstract: While the Constitution of India guarantees several rights relating to religious freedom, there is no mention of the right to convert to another religion. In India, marriages are mostly governed by religious personal laws. Historically, inter-faith marriages have been looked upon with suspicion and laws against conversion have existed both pre and post enactment of the Indian Constitution. Recently, the term 'love jihad' has emerged with a negative connotation and is described as a campaign propagated by Muslim men for converting Hindu girls' religion on the pretext of marriage. Consequently, several states in India have enacted strict laws to punish forcible or fraudulent religious conversion through and for marriages. The article critically analyses these enactments and argues that these laws hamper the attainment of several rights. The conspectus of these debatable laws, social conditions and court decisions highlight the need for systemic and systematic research and reform.
Keywords: inter-faith marriages; personal laws; religious freedom; love jihad; Constitution of India; anti-conversion laws; religious conversion; India; Islam; Hinduism.
Internal protection of persons from enforced disappearance: an analytical study on Jordan's non-ratification of the International Convention for the Protection of All Persons from Enforced Disappearance
by Omar Mahmoud Emar, Mohammad Bani Taha, Rehan Naji Abuelzeet, Kamal Jamal Alawamleh
Abstract: Enforced disappearance is a crime that witnessed significant attention internationally to confront and prevent such practice. This attention was reflected in the states internal legislation aiming at fulfilling international obligations. Accordingly, many states have sought to criminalize enforced disappearance of all forms in their laws, guided by the provisions of international conventions and instruments. However, Jordan has not ratified the International Convention for the Protection of All Persons from Enforced Disappearance justifying this by claiming that Jordan has an integrated internal legal system that is capable to confront and prevent this crime. Yet, real confrontation and prevention of this crime are potential only through ratification of this Convention and inclusion thereof in the internal laws, otherwise, this crime will not be subject to the national jurisdiction
Keywords: enforced disappearance; protection of persons; involuntary disappearance; protection of persons in Jordan.
Policies and legal framework of involving small and medium enterprises in administrative contracts in Egypt: dynamics and influences
by Karem Sayed Aboelazm
Abstract: This paper will present the concept of small and medium enterprises in Egyptian law and some other laws. It also presents the advantages and benefits of supporting small and medium enterprises to participate in public procurement contracts to reinforce many of the policies that the government seeks to implement such as limiting monopolistic practices, expanding the base of competition and limiting unemployment, raising the employment rate and achieving economic growth. The paper also expresses the challenges and barriers facing SMEs to winning a public procurement contract. Also, the paper provided a mechanism to overcome these challenges by using the descriptive approach as well as the analytical approach to find out the numbers of these enterprises in Egypt and the fields in which they operates, the new law for public procurement, as well as the new law for small and medium enterprises.
Keywords: public procurement; small and medium enterprises; SMEs; economic development; employment; Egypt.
Developing an education model to improve Indonesian capital market literation and inclusion
by Dito Rinaldo, Vina Anggilia Puspita
Abstract: This study attempts to analyse the capital market literacy and inclusion in Indonesia. The total number of respondents was 495 college students in Java, the island with the most significant number of college students, 60.5% of the entire Indonesian college students. Studies have shown that the degree of literacy has had a beneficial influence on the engagement of students in the capital market, whereas Indonesian student capital market literacy is poor on the basis of statistics. Students primary weaknesses include practical understanding of the capital market, a material which is extremely important in promoting the engagement of students in the capital market. This research has established a realistic, inclusive, and collaborative model for teaching about the capital market which can tackle these challenges, which IDX may implement in its education program.
Keywords: investment; capital market literacy; capital market inclusion; law and public policy.
The nexus between foreign direct investment and environmental protection in Ethiopia: appraisal of bilateral investment treaties
by Alemu Balcha Adugna
Abstract: With the primary purpose of assessing whether the bilateral investment treaties signed by Ethiopia have paid proper attention to the environment or not, doctrinal legal research methodology is employed. Accordingly, the papers finding shows that most of Ethiopias bilateral investment treaties are devoid of environmental protection and sustainable development issues. Yet, 2006 can be marked as a turning point in the history of BITs of Ethiopia. The Ethio-Belgium Luxemburg Economic Union BIT of 2006 has a separate provision on the right to regulate and protect the environment. However, saving for the latest four BITs, namely Ethio-Morocco (2016), Ethio-United Arab Emirates (2016), Ethio-Qatar (2017) and Brazil-Ethio (2018) BITs, other BITs signed by Ethiopia have no separate provision on environmental protection and regulatory space for the protection of the environment. Hence, it is recommendable for Ethiopia to revisit all of its BITs and integrate environmental protection and sustainable development clauses through renegotiation or termination.
Keywords: bilateral investment treaty; BIT; foreign direct investment; FDI; environment; Ethiopia.
Sexual violence against women during non-international armed conflicts
by C. Fowmina, C. Rabbiraj
Abstract: Sexual violence against women has long been recognised as a crime in armed situations, but human rights discourse and international humanitarian law (IHL) have ignored this (Kutlu, 2014). Women have been referred to as 'spoils of war'. Although women's violence is not new, the nature and scale of sexual violence against women have increased in recent years. Women are used as military weapons, and rape is considered a dreadful by-product (Buchowska, 2016). Women have always been considered sex slaves, with their bodies serving as 'comfort zones' (de Sousa Santos et al., 2010). In today's scenario, where the conflicts are between states or within state armed groups (Paulus and Vashakmadze, 2009). Until World War II, disputes were global (between two countries), but now we have conflicts within territory or governments and internal rebels. This study has been broken into three sections. and violence against them. The first section of this study examines whether international humanitarian law sufficiently defines sexual violence (IHL). This section examines how armed conflicts are classed and defined. The third segment examines violence against women in armed conflicts, particularly noninternational wars, in light of IHL and women's legal obligations.
Keywords: international humanitarian law; IHL; sexual violence; women and belligerency; United Nations Security; non-international armed conflicts; NIACs; crime against women; international tribunals; International Tribunal for the Former Yugoslavia; ICTY; International Criminal Tribunal for Rwanda; ICTR; International Criminal Court; ICC.
The status of victim protection in India: comparative analysis with international regime
by Vipin Vijay Nair
Abstract: Victims are the prime witnesses in a criminal trial. Witness safety and security are paramount to maintaining an unbiased judicial process in the criminal justice system. In the last two decades, India has observed many witnesses being hostile or killed in several high-profile criminal cases like Asharam Bapu, Jessica Lal and Vyapam Scam. Many international countries have adopted various Witness Protection Legislature to protect the basic tenet of law. India instituted Witness Protection Scheme, in 2018 to strengthen the Rule of Law in the criminal justice system in haste. In its infancy stage, the scheme lacks experience and needs a thorough discussion and revision to reduce the victimisation of witnesses within criminal justice. The article critically analyses the Witness Protection Scheme, 2018, notified by the Government of India to introduce witness protection in India. The article discusses various aspects and limitations of the witness protection scheme in India in comparative parlance with the international regime.
Keywords: victim protection; criminal justice system; victimology; India.
Welfare payments, food stamps, and crime: evidence from US county-level data
by Suzan Odabaşı, Patricia A. Duffy
Abstract: This study examines whether the Supplemental Nutrition Assistance Program (SNAP) implementations had an effect on criminal activities. To address this problem, the present study utilises two main variations: 1) changes in waiver of the time limit for areas within the states; 2) increases in SNAP benefits. A county level panel data from 2009 to 2015 for 3,134 counties is employed to investigate the relationship between SNAP benefits and crime. The findings show that SNAP benefits contribute to a significant reduction in the criminal activities in both rural and urban counties. The estimation results indicate that changes in waivers to work-related time limits is one of the significant factors which have an impact on criminal activities. Additionally, income motivated crimes such as property, robbery, and burglary are more likely to be affected by the changes in individuals welfare and income level changes.
Keywords: economic development; welfare economics; economics of crime; panel data.
The legal framework and policies for sustainable administrative contracts in Egypt: reality and challenges
by Karem Sayed Aboelazm
Abstract: This paper provided an overview of the concept of public procurement and sustainable development and aimed to extract a definition of sustainable public procurement. The paper also focused on reaching the pillars of sustainable procurement in general and extracting these pillars from the Egyptian system to identify the advantages of implementing sustainable public procurement. Several results were reached, on top of which are the multiple advantages of sustainable public procurement that may contribute to achieving sustainable development goals. It was also concluded that many challenges are facing the implementation of this system in Egypt, the most important of which is the legal framework, the bureaucracy and the necessary funding.
Keywords: public procurement; sustainable development; sustainable public procurement; Egypt.
Instrumentality of music in cultural diplomacy between India and Pakistan
by Mayank Mishra
Abstract: Music is cathartic and can express emotions in ways that language struggles to accomplish. This paper intends to analyse how cultural diplomacy, especially music, can serve as a crucial conduit in ameliorating the relations between India and Pakistan. It traces the evolution of music, its dynamics in bilateral politics and the everyday lives of people of both countries. Forging people to people bond through art and cultural exchanges can potentially provide an alternative to the hegemonised antagonistic discourse conquered by the two governments. The paper addresses, whether music can be the language of diplomacy? How the shared legacy of music of the Indian subcontinent stands in contestation to the idea of the perpetual difference of us versus them between India and Pakistan? Can music play any role in ameliorating bilateral relations? The paper primarily uses the naturalistic elements of qualitative methodology, anecdotal references and briefly historicise the syncreticity of music.
Keywords: cultural diplomacy; music; India; Pakistan; South Asia.
Independent regulatory bodies in the Jordanian legal system: an evaluative review
by Ibrahim Kamel Al Shawabkeh, Mouaid Alqudah
Abstract: The administrative organisation in Jordan witnessed a remarkable demand for the establishment of independent regulatory bodies, and this new institutional form aroused the ire of both legal and public administration scholars and politics. Supporters of such bodies, perceive them as satisfactory answer to the crisis experienced by the state and its inability to respond to the privacy of economic sectors. Opponents, on the other hand, contend that these bodies disintegrate the state and turn it into companies. Perhaps, this interaction raises some important questions about the feasibility of expanding the establishment of these bodies in Jordan as the competent ministries remain within the scope of their work, which certainly led to jurisdiction overlapping between them and the concerned ministries. Thus, one might ask were justifications available in Jordan for the establishment of these bodies in the first place. Has the Jordanian legislator succeeded in providing it with the elements necessary to attain its goals in achieving administrative governance? This paper attempt to address these questions by evaluating the importance of the establishment of these independent bodies within the Jordanian administrative organisation. It also considers whether those bodies really possess the requirement necessary to achieving the goals which underpin its whole existence.
Keywords: independent regulatory bodies; Jordanian legal system; administrative centralisation; administrative decentralisation.
The taxation of income from technical services under the Federal Income Tax Proclamation of Ethiopia: income labelling and tax jurisdiction issues
by Yibekal Tadesse Abate
Abstract: Income obtained from a rendering of technical services would be taxed under different schedules as a particular item of income. Consequently, the characterisation of income is critical as it determines which tax rule applies to each item of income. However, the login details, pertinent to labelling income from technical services into a particular item of income, are not specific under the law. Also, the rules regulating taxation power over each kind of income of technical service needs a close scrutiny. The article aims at discerning the login details applicable in labelling income from technical services to catalogue to the domains of individual schedule. It also aims at identifying the conditions of tax jurisdiction over each item of income of technical services. The article reveals that an ambiguity in the language of definitions and the uncertainty of the scope of each income makes the taxation of income from technical service perplexing.
Keywords: technical fee; technical service; income characterisation; income tax; Ethiopia.
Population census as an institutional tool for socio-economic analysis of regional and state development in Russia
by Olga A. Medvedeva, Natalia V. Cheremisina, Tatiana N. Cheremisina, Eleonora M. Chernenko
Abstract: The purpose of the study is to substantiate the population census as an effective institutional tool for conducting socio-economic analysis of regional and national development for the implementation of state policy to improve the quality of life of the population. The authors analysed the results of population censuses in Russia in dynamics, identified the main trends in the development of the country and its regions, as well as the causes of new social phenomena. The authors studied statistical information on the distribution of the population in Russia (educational, gender, age, financial, labour characteristics). The authors systematised the main users of information obtained as a result of population censuses, and also formed recommendations for the implementation of state policy to improve the quality of life of the population.
Keywords: population census; state policy; institutional tool; statistics; socio-economic development; analysis; region; state; Russia.
Intra-system dynamism and the rights-based approach to the environment under the ECtHR
by Befekadu Bogale Biru
Abstract: This article aims to reflect on the ongoing debate regarding the relation between human rights and the environment focusing on the Council of Europe (the Council) framework. Specifically, it assesses how the pragmatism of the European Court of Human Rights (ECtHR), the active role of the pertinent organs of the council and some of the major legal-political developments therein such as the increasing European consensus and the margin of appreciation doctrine are contributing for the evolution of the rights-based approach to the environment in the region. Accordingly, the limitations related to the ECtHRs environment-related caselaw are overviewed. Thence, the aforementioned institutional and system-level factors are discussed cognizant of the limitations and to ponder on some of the major debates regarding the nexus between human rights and the environment.
Keywords: Council of Europe; CoE; European Court of Human Rights; ECtHR; rights-based approach to the environment; ECHR System.
Human right repercussion of large-scale land acquisition in Ethiopia: evidence from Gumaro Tea Plantation and Limmu Coffee Farm
by Abiyot M. Dabela
Abstract: Ethiopia is a signatory to series of human rights instruments and assumed duty to respect, protect and promote human rights. Nonetheless, the rush for large land acquisition for investment 'dubbed grabbing' reportedly undermined the rights of local community in the country. The objective of this study is to assess the human rights implication of large-scale land investment in Ethiopia based on a case study from situations of Gumaro Tea Plantation and Limmu Coffee Farm. More specially, the study investigates: 1) the negative impact of large-scale land investment on rights of the local community; 2) appraise the extent to which human right issues are integrated into the practice and regulation of large-scale land investment; 3) explore possible ways of ensuring the investment work for development without affecting the human rights of the local community in Ethiopia. To this end, it employed a socio-legal research methodology that involved document review and in-depth interviews with 44 purposively selected informants. The finding from both large-scale farms revealed that both Gumaro Tea Plantation and Limmu Coffee Farm were established, expanded, and are operating at expense of the rights local community. Hence, it urges concerned government organs and investors to integrate the rights of local people in course of these investments.
Keywords: land grabbing; human rights; Gumaro Tea Plantation; Limmu Coffee Farm; Ethiopia.
Health and safety management in Indian construction sector: a legal perspective
by Deep Shaileshkumar Upadhyaya, Mohhammedshakil S. Malek
Abstract: The construction industry has been found the most dangerous on health and safety criteria, particularly in developing countries. In India, to achieve on-site health and safety, we have identified constitutional and legal provisions related to health and safety in construction. We have also identified some national autonomous bodies whose objectives are to achieve health and safety in the building. A detailed study found legal provisions like acts and rules for health and safety in the Indian construction sector at the central and state level. Still, improper enactment and lack of awareness make them inefficient. Efforts have been put through to find out the lacking and up-gradation of the available legal provisions with the help of the present SWOT analysis.
Keywords: health; safety; construction; legislative; BOCW; SWOT.
Health and society: the impact of media on social welfare during COVID-19: a case study in UAE
by Emad Omer, Osman Sirajeldeen Ahmed, Abdalla Sirag, Najeh Rajeh Alsalhi
Abstract: The relationship between epidemic and society is one of the topics that illustrate the intersection between social and health studies, this research is an interdisciplinary study between health, sociology and media, with the aim of clarifying the mutual effect during COVID 19. The research raises a question about the impact of the official media on social welfare services in the UAE. The importance of the research is due to the continuation of the outbreak of the Corona virus in second wave. The research aims to determine the role of the official media in social welfare during COVID 19. The study used the descriptive method by analysing the content of 95 news items issued by the official news agency in the UAE. The most important findings of the research are that media has a direct impact on social welfare services in all areas of care.
Keywords: official media; social policy; social protection; social welfare; COVID-19; health.
Institutional opposition in parliamentary democracy: experience from the UK, Australia and India
by Richa Dwivedi, Abhinav Shrivastava
Abstract: In a democratic setup, it is not only the majority which is responsible for governance but it is a balance of both, government as well as the opposition which protects democratic spirit. Therefore, a significant role is given to opposition in a democracy, however, in India it is often argued that the opposition is not systematic as it lacks constructive dialogues to debate in the parliament. For the purpose of strengthening opposition, institution of Shadow Cabinet was introduced in UK. This concept has been adopted by Australia and Canada as well. This paper focuses on the role, practice and functioning of Shadow Cabinet in Australia and UK and its effectiveness in politics and discusses feasible options to strengthen the institution of opposition in Indias democratic setup. The paper intends to formulate a practicable idea in the line of Shadow Cabinet to make the institution of opposition significant in the Indian democracy.
Keywords: parliament; opposition; Shadow Cabinet; democracy; government; UK; Australia; India.
Special Issue on: COVID-19 Before the Courts Where to Draw The Line?
Healthcare for prisoners in penitentiary establishments during COVID-19: a comparative study between national legislation and international covenants
by Ibrahim Suleiman Al-Qatawneh, Aliaa Zakaria, Jamal Barafi
Abstract: This study examined the prisoners right to healthcare in penal facilities during health crises in three Arabic countries, namely the UAE, Jordan, and Bahrain. The study is rare in that it also deals with prisoner healthcare during a pandemic. The study considers the key international rules and standards governing prisoner healthcare and its development over the past 60 years, regarding the obligations of states and the rights of the prisoner and the constitutions of the study countries, their national legislations, and the measures taken to confront COVID-19, to identify the extent of their adequacy and effectiveness and compatibility with key international standards. Despite numerous measures being taken to protect the health of prisoners, and the enactment of international and national legislations, at the time of writing the pandemic is still uncontrolled; therefore, the study finds that exceptional measures continue to be required.
Keywords: prisoner healthcare; infallibility of the body; health release; equality; fair treatment.
Special Issue on: Implementation of European Legal Standards into the Legislation of Ukraine
Protection of property and non-property rights of internet users
by Yurii Bilousov, Anna Dolinska, Nina Hetmantseva, Hanna Mytrytska, Volodymyr Nahnybida
Abstract: The study investigates the specific features of applying some remedies for the civil rights of internet users. Comparative, qualitative, and doctrinal research methods were used. The authors point out that often, the very method of entering into a transaction on internet platforms may indicate the possibility of further voidability. The study investigates such a remedy as restoring the situation that existed prior to the violation of the right. In this regard, an opinion is proposed for protecting the rights of internet users, the renewal of the situation that existed prior to the violation may be expressed in the restoration of access to internet resources or the restoration of rights belonging to a person on the relevant internet platform, including access to such a resource as such. Attention is also drawn to the specific features of the implementation of remedies when the subject is in employment relations with the company.
Keywords: restitution; recognition of a right; civil remedy; web resource; labour relations.
Procedural aspects of estoppel application in civil relations
by Oleksandr Krupchan, Yaroslav Romaniuk, Svitlana Pylypenko, Valentyna Myronenko
Abstract: The article investigates the nature and manifestation of the material and procedural aspects of estoppel application in civil relations. The authors studied cases of variable, contradictory, or illegal behaviour of the contractual partner. The model for applying the estoppel principle in civil doctrine and civil procedure legislation was developed. It is proved that the estoppel principle is described by the universality of law enforcement in any sphere of private law relations of civil and economic jurisdiction. However, both civil and civil procedural legislation has no express provision on estoppel, which forms the maximum variety of its application by courts, up to the substitution of its legal nature. This leads to legal uncertainty and does not contribute to the unity of judicial enforcement.
Keywords: civil law; contract; civil proceedings; abuse of law; judicial protection.
Protection of honour and dignity: theoretical and practical issues
by Yuri Zaika, Oleksandr Kukhariev, Volodymyr Skrypnyk, Serhii Burlakov, Oleh Ilkiv
Abstract: The study identifies the features of protecting honour and dignity as personal intangible goods of a person and objects of legal protection. The protection of the honour and dignity of a person is of exceptional importance for ensuring an appropriate mechanism for the exercise of personal intangible rights of subjects. The study defends the position that the protection of human honour and dignity should be carried out in the plane of both private and public law. The problematic issues of the studied objects are manifested in the need to define the boundaries of freedom of speech and its relationship with the right to protect honour and dignity, which is associated with the rapid development of communication tools and the internet. Most often, a person's honour and dignity are violated by spreading misinformation.
Keywords: personal intangible rights; honour; dignity; defamation; methods of protection; refutation of false information.
Judicial application of constitutional provisions as directly applicable in the continental legal system countries
by Andriy Rybachuk
Abstract: The aim of the study is to model the optimal approach to the direct application of constitutional provisions by courts of the countries of the continental legal system. The objective of the study is to cover the forms of direct application and effect of provisions of the Constitution of Ukraine. It is established that the Fundamental Law of Ukraine operates in two categories: the effect of the constitutional provisions and the application of the constitutional provisions in the protection of human and civil rights and freedoms. It is concluded that these categories are considered in the doctrine from different angles: from the identification of effect and application to their differentiation according to subject and temporal criteria. It is proved that Ukrainian, French, German, Italian, Austrian, Russian, Polish, Spanish and Portuguese doctrines contain broad and narrow approaches to the direct effect of the constitutional provisions.
Keywords: constitution; direct effect of the constitutional provisions; direct application of the constitutional provisions; justice; competence of the court.
Mediation as an alternative form of protection of shareholders' rights in property relations
by Bogdan Derevyanko, Liudmyla Nikolenko, Olha Turkot, Natalya Ivanyuta, Iryna Butyrska
Abstract: Violations of shareholders' rights occur in almost every joint-stock company. The mediation helps resolve corporate disputes with the help of neutral persons. The parties, through a mediation procedure, make decisions to protect the legal rights and interests of all parties to the dispute, taking into account the mutual and voluntary consent of each and in such a way that the decision does not violate the interests of any of them. Using this method of dispute resolution, it is possible to protect the legal rights of shareholders without going to court, without spending money on lawyers' services and court fees, as well as saving valuable time. In the world, the main provisions and procedures for mediation are consolidated at the legislative level, but Ukraine has not adopted a law for the implementation of legal regulation of this method of dispute resolution.
Keywords: economics; mediation; shareholders; protection; alternative dispute resolution methods; corporate disputes.
Improvement of the legislative framework for the sustainable development of the state
by Tetiana Popovych, Volodymyr Korol, Valerii Poliukhovych, Oleksandr Bezukh, Kostiantyn Pilkov
Abstract: The study aims to identify trends and prospects for the development of safety in the implementation of economic activities in the context of replacing the consumption of natural resources with environmental protection. The study proposes an interpretation of the transition to sustainable development as a need to raise society to a new level of knowledge and legal regulation, where the issue of security should be rethought based on universal values, achieving a balance with nature, which would serve as the foundation of environmental technocracy. To create safety prerequisites for conducting business, countries rely on a complex system of quality and compliance to ensure the proper functioning of the market, protect people's health and safety, preserve the environment and protect businesses - National Quality Infrastructure. Many developing countries suffer from the poor quality of the NQI system, which can become a major obstacle to their integration into regional and global markets.
Keywords: economic relations; competition; rule of law; sociocratic ideology.
On the legal nature of gamete donation
by Hanna Krushelnytska
Abstract: The study investigates the features of donation of female and male reproductive cells. Based on the analysis of the legislation of different countries, it is concluded that there is both anonymous and non-anonymous gamete donation. The author points out the issue of correlation between the right to secrecy of donation and the right of children born using in vitro fertilisation methods to information about their origin. In the course of the study dialectical, Aristotelian, comparative-legal, and modelling methods were used. It is concluded that the gamete donation agreement refers to agreements in the field of medical activity since it includes both works on the extraction of germ cells and services to meet the personal needs of the donor. In addition, the study clarifies the legal nature of commercial sperm donation, which is close to the purchase and sale relations.
Keywords: assisted reproductive technologies; anonymous donation; gamete donors; biomaterials; medical activities.
Recognition of factual circumstances by the parties to a case as a basis for exemption from their proof in civil proceedings of Ukraine
by Oleksandr Hetmantsev, Liudmyla Ostafiichuk, Iryna Tatulych, Inna Osipova, Volodymyr Bobryk
Abstract: The relevance of the study is conditioned by the global necessity of improving the legal regulation of judicial protection of human rights, freedoms and interests in human society. The purpose of the study is to investigate the features of recognition of factual circumstances by the trial participants in civil proceedings. Recognition of factual circumstances is an important element of the proof procedure in civil cases, and the current state of procedural and legal regulation due to its impact on the positive completion of the trial. Study results allowed the authors to conclude that further implementation of reform activities by the state in the judicial system and civil proceedings should be accompanied by consideration of scientific and theoretical developments and proposals for the legal regulation of issues concerning the proof procedure.
Keywords: civil proceedings; proof; exemption from proof; circumstances of the case; recognition of the parties; Ukraine.
Challenges and opportunities of business contracts in legislation of Ukraine during pandemic
by Oksana Kiriiak, Liliana Sishchuk, Viktoriia Vasylieva, Nataliia Vintoniak, Oksana Оliinyk
Abstract: The purpose of this study is to comprehensively consider the current issues in the field of optimising the contractual practice of business entities, which are determined by the spread of the pandemic in most countries, with the formulation of author's proposals for improving legislative regulation in this area. As a result of the conducted research, the authors concluded that in the conditions of unstable and unpredictable development of the situation regarding quarantine restrictions, legislative regulation of the procedure for concluding contracts, and the procedure for implementing fixed contractual requirements, legislative regulation should reach a qualitatively new level of legal regulation, for which the co-authors proposed a number of amendments to the text of current regulations in this area.
Keywords: agreements; contracts; civil law; business law; civil procedure; COVID-19.
Comparative analysis of Ukrainian and Estonian law in the context of adaptation to EU legal standards
by Maksym Hetmantsev, Andrii Shabalin, Mykola Haliantych, Anatoliy Kostruba
Abstract: This study focuses on the establishment and development of general aspects of the legal system of the Republic of Estonia, in comparison with Ukrainian legal transformations in the context of the EU integration. Ukraine's way to achieving a European integration involves a number of issues that should be resolved, in particular corruption, unreformed judiciary, ongoing 'oligarchization', shadow economy, the influence of corporate interests, and insufficient economic development. Authors used comparison, analysis, and modelling methods. Attention is also paid to the procedural link of Estonian civil procedure to pan-European provisions, the application of common European procedures in the judicial proceedings of Estonia as an EU Member State. The authors have engaged in comparative analysis of Ukrainian civil procedural law and the corresponding law of Estonia Study concludes that adaptation of European democratic standards by the Ukrainian judiciary system would be difficult without studying legal experiences of other EU countries.
Keywords: Europe; Estonian judicial system; judicial proceedings; European Union; Estonian civil procedure; legal responsibility; Civil Procedural Code of Ukraine; judicial branch of government; Ukraine; Estonia.
Judicial determination of an effective and legitimate remedy for private rights and interests
by Andrii Dryshluk, Mykola O. Stefanchuk, Svitlana Rabovska, Yuliia Bondarenko, Andrii V. Potapenko
Abstract: This study covers the legal regulation of the court's activities to determine an effective legitimate remedy for private rights and interests. The paper also investigates the new privacy law and procedural concept of 'an effective and legitimate way of judicial protection'. The chosen methodology is the modelling method, dialectical, and comparative methods of scientific cognition. The study of judicial practice demonstrates that the problem of developing a clear procedure for applying remedies is also faced by cassation courts, which are responsible for developing the unity of law enforcement. In the absence of such unity, the court is forced to adapt the existing substantive rules and judicial remedies to real social relations, their inevitable development.
Keywords: private law; legally protected interest; judicial protection; effective remedy for private rights; compliance with civil principles.
Legal regulations of digital economy during pandemic
by Oksana Vinnyk, Olena Belianevych, Nino Patsuriia, Galyna Myronova, Svitlana Seminoh
Abstract: The actual state of legal support for the digital economy significantly lags behind the needs of society in its social aspect, which includes not only stimulating the positive properties of digitalisation and their widespread use in all spheres of social existence but also ensures the minimisation of the risks generated by it and their negative consequences. The study aims to develop a solid base for the legal regulation of the digitalisation of the economy, public administration and healthcare system in Ukraine. During the study, authors used modelling, dialectical, comparative and historical-legal methods. The authors analysed the state of relations and their legal regulation from the perspective of the natural interaction of digitalisation, economics, and law as phenomena of public life. Problems that need to be solved were identified and respective solutions were proposed.
Keywords: digitalisation; digital economy; electronic form of agreements; electronic financial services.