Suchergebnisse

In the Common Law system judges have the power to create subsidiary laws: they make rules in strict sense. This Kind of power responds to a special way in which the Common Law develops and adapts itself to achieve the best rules for a given society. Understanding how the Australian law system works, as an example of a common law structure, and how judges interact with the parliament in the creation of the best rules of law -which makes the process coherent- is paramount for other legal systems that have a mixture of legal institutions from both civil and common law systems, as Colombia. Colombia has an unclear mixture of law systems, which generates an uncertainty of the application of the law producing both by judges and parliament, and serious structural law problems; so, understanding the basis of the common law system it is important to clarify the limits in the competence of each authority and the interaction between the law made by the Parliament and the one that the judges produce. ; In the Common Law system judges have the power to create subsidiary laws: they make rules in strict sense. This Kind of power responds to a special way in which the Common Law develops and adapts itself to achieve the best rules for a given society. Understanding how the Australian law system works, as an example of a common law structure, and how judges interact with the parliament in the creation of the best rules of law -which makes the process coherent- is paramount for other legal systems that have a mixture of legal institutions from both civil and common law systems, as Colombia. Colombia has an unclear mixture of law systems, which generates an uncertainty of the application of the law producing both by judges and parliament, and serious structural law problems; so, understanding the basis of the common law system it is important to clarify the limits in the competence of each authority and the interaction between the law made by the Parliament and the one that the judges produce.

The concept of femicide in Latin America was
developed by the ethnologist and anthropologist Marcela Lagarde, specifically for the case of women murdered in Ciudad Juarez (Mexico). The term has spread to other countries and in Colombia it was
built into the reform to the Penal Code (Act 1257 of 2008) in this law is to protect women in such circumstances, this paper intends to make a sketch and a made known this as fact.

This work presents several different points of view regarding the role of environmental innovation as the driving force of public policy designed to promote sustainabilityand reduce environmental impacts. Environmental innovation is analyzed byexamining concrete practices such as sustainable design, green branding, eco-labeling, the use of medicinal plants, and improved plant varieties, among other things, and the individual and collective intellectual property rights that protect and promote these kinds of innovations. While this thematic diversity is directly proportional to the complexity of the author's presentation, it does not detract from the conceptual unity of the text. On the contrary, by examining the concepts as applied in a variety of contexts, the author highlights not only the challenges that must be faced in order to protect the general interest, but also proposes alternative solutions that promise to improve the structure, emphases, and priorities of these rights. This work represents the culmination of a valuable research project that benefited from the cumulative experience of the author and will be of great interest to scholars in the field, It is an important theoretical contribution to the formulation of strategies for environmental mitigation, adaptation, and recovery.

The article deals with the correlation between the European Union law and international law. Constant participation of the European Union and its members in international organizations gave a rise to the need for establishment of interrelation between the sources of international law particularly international agreements and customs and sources of European Union law such as regulating agreements and acts of the EU institutions as well as necessity to identify which norms should be applied in a certain case and which hierarchical connections exist in these sources. This issue was research by numerous Ukrainian and foreign scholars such as T.V. Komarova, O.V. Plotnikov, K. Zigler, I.I. Maryniv, R. Jennigs, K. Tomushat and others. But unlike scientific research EU agreements do not have any provisions which would identify the type of relations between EU law and international law. It is also necessary to note that the only subject which position is important in this sphere is EU Court. In order to answer the mentioned questions decisions of the EU Court which had an impact on the formation of a new law and order on international level such as the one of the European Union (for example decision in case Van Gend en Loos) and decision of the Court which established fundamental positions regarding correlation of EU law and international law (for example in case Kadi v Council and Commission) were researched into. Provisions of EU regulating agreements related to international agreements and their place in the system of norms of the European Union were analyzed. To see the procedure of applying customary law in European law case law of the EU Court was researched. The article provides modern position of the EU Court regarding interaction between European and international law.

The analysis of the relationship between law and policy is based on current legal theories, which build their models on the basis of the interaction of these two phenomena as in the process of state formation, so in the management of the state and the civil society. Legal theories correlate with the constitutional process in Ukraine, which gives reason to speak about the growing of the influence of political mechanisms on national legislation, the state, society and citizens' justice. This raises the question of the relation of the archetypes of legal culture with the direct political and legal experience of the nation-state, which over time is crystallized into theoretical doctrines and the corresponding political and legal practice of their implementation. Legal theories, as well as the positions of national scholars regarding the law and politics, also did not go beyond the definitions of the influence of national factors on the interaction of law and policy. The autonomous model (legal positivism), the insertion model (natural law theory), and the intersection model (American and Scandinavian legal realism) always had a common field from which different (in our case Ukrainian) national systems of law development ware sprouted. In this field law and politics are two (to a greater or lesser extent) different phenomena that interact with one another (with lesser or greater frequency) in the light of national interests and what the social sciences call the «spirit of the nation». In a transitional period, the positioning of the law in Ukraine is too closely linked to the political realities and interests of the political elites, which in most cases are still very far from the generally accepted principles of law. This is also the case today, in particular during the discussion and adoption of the bills on amendments to the Constitution of Ukraine proposed by the President in August 2019. It is clear that the issues of interaction of the law (law) and politics in Ukrainian realities are at the stage of their ...

ABSTRACT The study by legal scholars and educators argue that an interdisciplinary approach in teaching law is inevitable. This article seeks to analyze two questions: being first, to what extent law schools in Indonesia adopt interdisciplinary subjects into the curriculum. Second, to what extent these interdisciplinary subjects are relevant to the government's Industry 4.0 Roadmap. This study analyses the curriculum of law schools, both in private and public universities across Indonesia, as well as making the comparison with other universities in ASEAN. These samples of law schools represent three major regions of Indonesian archipelagos; these are the eastern, central and western region.RESUMEN El estudio realizado por especialistas en derecho y educadores argumenta que el enfoque interdisciplinario en la enseñanza del derecho es inevitable. Este artículo busca analizar dos preguntas: en primer lugar, en qué medida las facultades de derecho en Indonesia adoptan materias interdisciplinarias en el plan de estudios. Segundo, hasta qué punto estos temas interdisciplinarios son relevantes con la Hoja de ruta de la Industria 4.0 del gobierno. Este estudio analiza el plan de estudios de las facultades de derecho, tanto en universidades privadas como públicas de toda Indonesia, y también compara con otras universidades de la ASEAN. Estas muestras de facultades de derecho representan tres regiones principales del archipiélago de Indonesia, estas son: la región oriental, central y occidental.

The article presents Polish agricultural law as a branch of law in the legal system, as a set of laws (part of legislation), a scientific discipline and a teaching subject. The author states, among other things, that the study of agricultural law is closely related to the (agricultural) policy of the country, sharing its fate. This policy has been and still continues to be the main determinant of the development of agricultural legislation. In Poland, agricultural legislation which developed as a consequence of the implementation of the Common Agricultural Policy led to a stronger legislative position of agricultural law. This is an indication that efforts to strengthen the position of agricultural law in university teaching should also be promoted.

This paper intends to cover some views (not all), with regard to Reason of the Unreason of law. Yes, so to speak, can or could think of a reason for the law,why not much more, in an "unreasonable" or rather how many additional "unreasonable" the same.

Problem setting. Due to the rapid development of digital technologies, the issue of status settlement and the use of artificial intelligence technologies is especially relevant. This fact indicates the need and importance of finding answers to the question and aims to intensify and unite the efforts of the scientific community to address relevant issues. One of the areas of scientific research is the doctrinal development of new phenomena and processes that have arisen and are taking place in the state and legal sphere under the influence of digitalization of economics, management and law. The tasks of scientific research are to comprehend the impact of the digitization process on the state and legal sphere of society; law as such; assessment of the transformations that are taking place and identification of trends in their dynamics; forecasting the state of these phenomena in the future; formulation of fundamental and applied problems of legal science in terms of doctrinal development of the laws of development and functioning of law, state and legal sphere of society in the conditions of digital reality, determination of approaches to their solution. Recent research and publications analysis. An analysis of recent research and publications shows that scientific research on this issue is carried out mainly within the economic, political, computer, legal sciences, although the problems and prospects of digitization of law require a deep and thorough philosophical, including philosophical and legal understanding. The rapid development of new technologies, in particular artificial intelligence technologies, the Internet of Things, cloud technologies, etc., is contributing to changes in current legislation. Today, advanced economies are already pondering the question of regulating the status and use of AI technologies. While these are only the first bold steps, in the future, all of these can affect global changes in the legal system – perhaps full-fledged comprehensive institutions of law, even the branches of ...

The purpose of the research was to study the sufficien and necessary conditions for applying the principles of law in the processes of law making and execution. In the main content it has been established that the principles of law should be understood as universal, fundamental, basic provisions and ideas reflectingdeep foundations of human existence, general relations formed by the participants of legal realities as a result of their social interaction and as the basis for legal development. The following methods were used in the research: analysis of biographical sources, synthesis, deduction, comparative analysis and meta-analysis, etc. In the conclusions of the case it has been shown that consistent adherence to legal principles by legislative and law enforcement bodies will create an atmosphere of predictability and stability of legislation in society. Finally, the principles enshrined in the Constitution and codes of Ukraine should become a prerequisite for modern Ukrainian society to implement a humanistic concept of personality, education of legal subjects, an effective norm on a par with other norms regulating specific relationships, and should not remain only a statement.

The research is dedicated to the analysis of law enforcement civil aspects in legal regulation of public relations, determination of its character and value as security instrument of their effectiveness. It is set that law realization is considered in such forms as law fulfillment, law application, law enforcement, law fulfillment and law termination accompanying the motion of civil-law relations. Law enforcement legal nature is stipulated by the objective necessity to influence on the behavior of participants of such civil-law relations to ensure their compliance with the legal model. It is proved that the reason for law enforcement in the course of civil-law relations realization is such character of their development, reality and affiliation of which in view of their social value is provided individually-legal instructions given by public authority. Realization of subjective civil rights and legal obligations in private relation is provided by the acceptance of individual legal act issued by governmental authority. Law enforcement mechanism in a private law was considered whereby the combination of legal measures through which public activity of governmental authority is adjusted should be understood, which involves adjustment of civil-law relations in the course of their legal regulation, provision of stable public society development. Authority's activity in law enforcement mechanism is provided by the system of legal measures (mechanism elements), the total amount of which shall be naturally implemented in law realization mechanism the component of which is law enforcement mechanism in synchronically directed at provision of its effectiveness. To such elements of law enforcement mechanism each of which is specified within the appropriate law realization may be included: legal provision, legal relations and judicial fact.