Journal of Legal Studies最新文献

Genesis of Legal Regulation of Pre-Trial Detention in Sweden and Ukraine: Comparative Analysis 瑞典与乌克兰审前羁押法律规制的渊源:比较分析

3区社会学

Journal of Legal Studies Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0013

Dariia Melnykova

引用次数: 0

Romania’s 1866 Electoral System and the Quest for National Sovereignty 罗马尼亚1866年的选举制度和对国家主权的追求

3区社会学

Journal of Legal Studies Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0016

Răzvan Cosmin Roghină

引用次数: 0

Protection of Private, Family, and Intimate Lives 保护私人、家庭和亲密生活

3区社会学

Journal of Legal Studies Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0018

Anca Florina Moroșteș

{"title":"Protection of Private, Family, and Intimate Lives","authors":"Anca Florina Moroșteș","doi":"10.2478/jles-2023-0018","DOIUrl":"https://doi.org/10.2478/jles-2023-0018","url":null,"abstract":"Abstract The Constitutional Court of Romania (CCR) holds an essential position in guaranteeing the observance of human rights within the country’s constitutional and legal framework. Through its attribution to interpret and verify the compliance of laws with the Constitution, the CCR has built a vast and particularly significant caselaw regarding the individual’s fundamental rights. By studying the Constitutional Court of Romania’s judicial practice in the field of human rights, we can examine how fundamental rights are interpreted and implemented in the national legal system. In this regard, the CCR plays a vital role in ensuring the protection and promotion of these rights by interpreting the Constitution and applicable legislation in accordance with international standards. It is important to highlight that the CCR’s human rights caselaw reflects the constant attempt to ensure a balance between the individual’s and society’s interests, protecting fundamental rights in accordance with the principles of the rule of law and international standards in the field. Through the analysis of concrete cases and constitutional interpretation, the CCR strengthens its essential role in human rights promotion and defense in Romania.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"1 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135876457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Complications in Classifying Suicide Incitement as a Crime 将煽动自杀列为罪行的复杂情况

3区社会学

Journal of Legal Studies Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0010

Nukri Matua

引用次数: 0

Oligarchic Politics in the Context of a Democratic Rule of Law in Relation to the Principle of Expediency 民主法治背景下的寡头政治与权宜之计原则的关系

3区社会学

Journal of Legal Studies Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0012

Ahmad Rifai Suftyadi, Dini Dewi Heniarti, A Harits Nu’man

{"title":"Oligarchic Politics in the Context of a Democratic Rule of Law in Relation to the Principle of Expediency","authors":"Ahmad Rifai Suftyadi, Dini Dewi Heniarti, A Harits Nu’man","doi":"10.2478/jles-2023-0012","DOIUrl":"https://doi.org/10.2478/jles-2023-0012","url":null,"abstract":"Abstract Indonesia, which is a democratic country, is not necessarily free from the practice of ownership of a handful of groups that influence the course of the National constitution. Oligarchy begins with the fact that extreme material inequality produces extreme political inequality. Although in a democracy, position and access to the political process are interpreted as equal, the enormous wealth in the hands of a small minority creates a significant excess of power in the political sphere for that group. The practice of oligarchic politics in Indonesia has been prominent and widespread since the New Order era. Oligarchy has undermined the philosophical meaning of democracy, which is political power or government run by the people, and for the people. Freedom in the political field certainly does not mean legalizing all means but remains in the corridor as contained in Pancasila as the basic ideology of the Indonesian nation. The good and bad of the law must be measured by the good and bad consequences produced by the application of the law, meaning that legal provisions can be considered good and provide benefits if the consequences resulting from their application are good, maximum happiness, and reduced suffering.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"228 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135876318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

QUO Quadis Romanian Education? Brief Introspection 罗马尼亚教育?短暂的内省

3区社会学

Journal of Legal Studies Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0017

Verginia Vedinaş, Teodor Narcis Godeanu

引用次数: 0

Tax Evasion Between Tax Optimization at the Border of Legality, Tax Burden and Voluntary Compliance 在合法性、税负和自愿遵守边界上的税收优化之间的偷税漏税

3区社会学

Journal of Legal Studies Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0019

Daniela Petrașcu, Ioana Păcurariu, Bianca Cristina Ciocanea, Cosmin Ioan Pițu

{"title":"Tax Evasion Between Tax Optimization at the Border of Legality, Tax Burden and Voluntary Compliance","authors":"Daniela Petrașcu, Ioana Păcurariu, Bianca Cristina Ciocanea, Cosmin Ioan Pițu","doi":"10.2478/jles-2023-0019","DOIUrl":"https://doi.org/10.2478/jles-2023-0019","url":null,"abstract":"Abstract Tax evasion operates beyond the boundaries of the jurisdictions, it develops across borders, and the extent of tax fraud as a phenomenon is differentiated according to the aspects and the rigours of legislation, as well as according to the economic environment of each country in part. Regardless of the level of development of the country in which it manifests, the effects of the fiscal fraud are destructive, affecting both the state budget, as well as the financial resources of the offenders’ commercial partners. The fiscal fraud has negative effects over the economic market, and one of the consequences is the social inequality from the perspective of the abuse and the predisposition of certain taxable subjects to fraud. Certainly, the phenomenon remains unraveled, the financial schemes being extremely complex, and the fraud mechanisms are some of the most laborious ones and in a permanent improvement, while the evaders keep finding new means by way of which they illegally attract financial resources. The fight against tax evaders is a difficult one, mainly because of the sometimes “deliberate” legislative “loopholes”, but also because of their ingenuity, which is often “one step” ahead of those who fight against tax evasion.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"228 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135876314","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Forensic Science Integration in Legal Education: A Paradigm Shift for Strengthening Legal Expertise in Pakistan 法医学融入法律教育:巴基斯坦加强法律专业知识的范式转变

3区社会学

Journal of Legal Studies Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0014

Muhammad Imran Ali

{"title":"Forensic Science Integration in Legal Education: A Paradigm Shift for Strengthening Legal Expertise in Pakistan","authors":"Muhammad Imran Ali","doi":"10.2478/jles-2023-0014","DOIUrl":"https://doi.org/10.2478/jles-2023-0014","url":null,"abstract":"Abstract The objective and scientific interpretation of evidence provided by forensic science is a crucial component of the contemporary judicial system. In Pakistan, forensic science education is not a part of the required curriculum for obtaining a Bachelor of Law (LL.B.) degree. Lawyer’s knowledge of the scope and limits of forensic research is hindered by the absence of a thorough forensic science component within law school. This, in turn, may obstruct the proper use of forensics in court procedures, which can slow down the distribution of justice. Forensic science education offers numerous benefits, including a holistic understanding of law and forensic science, interdisciplinary skills development, enhanced collaboration between lawyers and experts, and the development of specialized lawyers for handling complex cases. Law students may benefit from a deeper grasp of the scientific processes involved in criminal investigation, evidence collecting, preservation, analysis, and presentation by taking forensic science courses. Future lawyers will benefit from this understanding while trying cases, challenging expert testimony, and arguing on behalf of their clients. This article addresses the advantages, problems, and possible tactics for integrating forensic science into the LL.B. curriculum in Pakistan.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"229 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135876312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Comparative Analysis of Evidence Law Within the Civil Process Comparative-Legal Research 民事诉讼中的证据法比较分析比较法学研究

3区社会学

Journal of Legal Studies Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0008

Sophio Barnabishvili

{"title":"Comparative Analysis of Evidence Law Within the Civil Process Comparative-Legal Research","authors":"Sophio Barnabishvili","doi":"10.2478/jles-2023-0008","DOIUrl":"https://doi.org/10.2478/jles-2023-0008","url":null,"abstract":"Abstract The article discusses the types of evidence used in the civil law process. Comparative-legal research includes a list of types of evidence used in the civil law process in different countries of the world, their description, and legal significance based on local law. The Code of Civil Procedure is a legal means of protecting the civil rights and freedom of a person. Proceedings are conducted in compliance with the principles of disposition and competition, which allows disputing parties, under equal conditions, to determine the essence of the dispute on their initiative and to present relevant different types of evidence to determine the truth in the case. In general, asserting one’s position, truth, or justice and obtaining, collecting and presenting relevant evidence for the purpose is related to the legal awareness, good faith and sound logic developed by the party (its representative or third parties). In the process of development of a democratic state, much attention is paid to the pursuit of perfection of individual disciplines of private law, which mainly includes the objective protection of human rights and legal interests. In this process, it is of the utmost importance that the relevant norms of the law allow the interested person to present appropriate evidence to confirm the violation of the right and request the restoration of the violated rights in the justice implementing Agency. The Code of Civil Procedure is a legal means of protecting the civil rights and freedom of a person. Proceedings are conducted in compliance with the principles of disposition and competition, which allows disputing parties, under equal conditions, to determine the essence of the dispute on their initiative and to present relevant different types of evidence to determine the truth in the case.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"229 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135876464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Comparative Analysis of Evidence Law Within the Civil Process Comparative-Legal Research 民事诉讼中的证据法比较分析比较法学研究

3区社会学

Journal of Legal Studies Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0009

Cordelia Onyinyechi Omodero

{"title":"Comparative Analysis of Evidence Law Within the Civil Process Comparative-Legal Research","authors":"Cordelia Onyinyechi Omodero","doi":"10.2478/jles-2023-0009","DOIUrl":"https://doi.org/10.2478/jles-2023-0009","url":null,"abstract":"Abstract Fiscal policy methods are critical to a country’s economic stability. However, when fiscal policy changes occur, all economic sectors react either favorably or adversely. The stock market is not spared from this reaction because it is likewise an important aspect of the economy. From 1998 through 2020, the inquiry looks at the link between fiscal policy mechanisms and stock market performance. The Levin, Lin, and Chu test is used to determine data stationarity. At zero latency, all factors remain constant. Other screening tools employed indicate that all datasets and models utilized in this work are of satisfactory quality. Pearson Product Moment Correlation (PPMC) is a statistical method used to investigate the link between fiscal policy plans and stock market results. Correlation coefficients quantify the strength of a link between two variables. The study’s findings indicate that fiscal measures such as tax income, domestic borrowing, government capital, and regular expenditure have a substantial and extremely strong positive relationship with Nigerian stock market returns. The study also indicates that foreign borrowing is harmful to Nigeria’s stock market advancement. Other data indicate that foreign borrowing has a modest to very weak link with other fiscal policy methods when compared to the outcomes of the other instruments. As a result, the report recommends increased tax income collection and a significant reduction in the country’s foreign debt.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135876454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0