Journal of Legal Studies最新文献_第7页

Relevant Issues of Research of Minors’ Antisocial Behavior 未成年人反社会行为研究的相关问题

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2021-05-26 DOI: 10.2478/jles-2021-0002

O. Huzik

{"title":"Relevant Issues of Research of Minors’ Antisocial Behavior","authors":"O. Huzik","doi":"10.2478/jles-2021-0002","DOIUrl":"https://doi.org/10.2478/jles-2021-0002","url":null,"abstract":"Abstract The study of the antisocial behavior of minors is of interest to many scientists: from pedagogues and psychologists to lawyers and criminologists. On the one hand, this has led to important and diverse research detailing the nature, causes, and consequences of deviance among youth. This makes it possible to develop better mechanisms for the prevention of juvenile delinquency, punishment, and resocialization of minor offenders. But on the other hand, this diversity caused contradictory approaches to defining the boundaries of deviance and delinquency, as well as the correlation of these terms. This paper offers an overview of the interdisciplinary scientific discussion on the relationship between delinquency and deviance as types of antisocial behavior, and structures these approaches. It also defines limitations in the field and generates new ideas and directions for future research. In the second part, we examine the causes of juvenile delinquency, with a particular interest in causes that can be corrected. Thus, we found that proper upbringing can “treat” not only anti-social attitudes and values, low educational and professional skills of the offender, poor cognitive and interpersonal skills but also innate tendencies to aggression.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"29 1","pages":"17 - 25"},"PeriodicalIF":1.0,"publicationDate":"2021-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81413595","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: 2

Relevant Problems of the Correlation Between the Concept and Content of the Right to Freedom of Conscience and Religion 论信仰与宗教自由权的概念与内容的相关问题

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2021-05-26 DOI: 10.2478/jles-2021-0004

Dariia Melnykova

{"title":"Relevant Problems of the Correlation Between the Concept and Content of the Right to Freedom of Conscience and Religion","authors":"Dariia Melnykova","doi":"10.2478/jles-2021-0004","DOIUrl":"https://doi.org/10.2478/jles-2021-0004","url":null,"abstract":"Abstract The right to freedom of conscience and religion is a fundamental natural right, which is enshrined in international legal acts and acts of national legislation. At the same time, the different regulation of the mentioned right in distinct acts attracts attention. Variations include the “right to freedom of thought, conscience and religion”, “the right to freedom of conscience and confession” etc. This article analyzes all cases of terminological regulation of the right to freedom of conscience and religion. The content of each of the categories is analyzed, due to which the concept of the right to freedom of conscience and religion is defined and a clear distinction is made between each of the categories. Along with this, the interaction of the content and the concept of the right to freedom of conscience and religion is established. Based on the research conducted within the article, the most successful concept for expressing the content of the right to freedom of conscience and religion is determined. The article also analyzes the rulings of the European Court of Human Rights on the vision of the content and concept of the right to freedom of conscience and religion.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"1 1","pages":"44 - 58"},"PeriodicalIF":1.0,"publicationDate":"2021-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79511622","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

Development of the Magistrate’s Intime Conviction in the Context of Non-Verbal Communication 非言语交际背景下治安法官定罪的发展

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2021-05-17 DOI: 10.2478/jles-2021-0007

Marțian Iovan

引用次数: 0

Legal Barriers and Quality Compliance in the Business of Biofertilizers and Biopesticides in India 印度生物肥料和生物农药业务的法律障碍和质量合规

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2020-11-07 DOI: 10.2478/jles-2020-0013

Hasrat Arjjumend, Konstantia Koutouki

{"title":"Legal Barriers and Quality Compliance in the Business of Biofertilizers and Biopesticides in India","authors":"Hasrat Arjjumend, Konstantia Koutouki","doi":"10.2478/jles-2020-0013","DOIUrl":"https://doi.org/10.2478/jles-2020-0013","url":null,"abstract":"Abstract Biofertilizers and biopesticides (together known as ‘biologicals’) hold the potential to increase farmers’ current agricultural productivity, while at the same time contributing to the soil’s ability to produce more in the future. However, the legal registration of microbial products and the operation of businesses dealing in biologicals face certain barriers, which ultimately affect the expansion and widespread use of these green products in Indian agriculture. By involving manufacturers, suppliers and traders of biologicals, as well as government officers dealing with biologicals in India, a study was conducted using participatory methods of semi-structured interviews, structured interviews and informal discussions. This article explores the participants’ perceptions and understanding of the barriers, obstacles and issues in the registration, licensing, proliferation and business operations surrounding the manufacturing, sale, trade, import, export, storage, use, and transport of microbial products. Numerous barriers to business and trade in microbial green products – biofertilizers and biopesticides – are identified. Nevertheless, certain weaknesses related to quality compliance and monitoring are also identified on the part of the manufacturers and suppliers of these biologicals, indicating that the government’s regulatory system must be more efficient and competent in handling these processes.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"60 1","pages":"81 - 101"},"PeriodicalIF":1.0,"publicationDate":"2020-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82328253","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: 1

The Constitutional Hurdles to Exercise Secession Right and Arguments on its Inclusion in the Ethiopian Constitution 行使分离权的宪法障碍及关于将其纳入埃塞俄比亚宪法的争论

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2020-11-07 DOI: 10.2478/jles-2020-0010

Teshale Shambel

{"title":"The Constitutional Hurdles to Exercise Secession Right and Arguments on its Inclusion in the Ethiopian Constitution","authors":"Teshale Shambel","doi":"10.2478/jles-2020-0010","DOIUrl":"https://doi.org/10.2478/jles-2020-0010","url":null,"abstract":"Abstract The right to self-determination is one of the human rights enshrined under the Ethiopian constitution. It is also one of the rights mentioned under ICCPR and ICESCR as well as the constitutions of different countries. Being unique to many other human rights instruments and constitutions in the world, the Ethiopian constitution includes the unconditional right to secession as a part of self-determination for every one of the ethnic groups (nations, nationalities, and people) in the country. As argued among many scholars, the inclusion of unconditional secession as a part of self-determination right in the Ethiopian constitution was based on the wrong narrative that nations, nationalities and people in the country were oppressed. Thus, it is a point of political debate between elites and became the major cause of widening the divergence among views of different political parties in the country. Of course, within the constitution, there are hurdles that can potentially deny exercising of this right. Therefore, this study qualitatively analyses the impracticability of secession and unacceptability of narratives to its inclusion in the constitution of the federal democratic republic of Ethiopia.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"50 1","pages":"37 - 47"},"PeriodicalIF":1.0,"publicationDate":"2020-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81462846","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 Legal Research-Building a Legal Attitude for a Transnational World 比较法学研究——构建跨国世界的法律态度

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2020-11-07 DOI: 10.2478/jles-2020-0012

M. Ali

{"title":"Comparative Legal Research-Building a Legal Attitude for a Transnational World","authors":"M. Ali","doi":"10.2478/jles-2020-0012","DOIUrl":"https://doi.org/10.2478/jles-2020-0012","url":null,"abstract":"Abstract Comparative Legal Research (CLR) is a valuable tool for legal research because it expands the history of community experience. Understanding basic knowledge in different systems fills the knowledge gap. However, the principles of globalization and universal human rights require a greater role for systematic CLR. This article analyzes the role of comparative legal research in contemporary legal education. The discussion is based on the idea that it is useful to distinguish between the education of lawyers and the conduct of comparative legal research. Comparative law is a successful field of study that has ignited a growing interest in academic and legal education in recent decades. It is proposed to pay more attention to the comparative pedagogy of legal research in today's world, where law students must be prepared to function in a global context. While comparative academic research, the goal is to foster a deep cultural understanding of foreign law, but in legal education, the goal is to learn the spirit as an advocate. This article provides an overview of the key conceptual tools to tackle the problem of the comparative methodology by introducing the logical argument to help the researcher to filter his approach. A literature review method will adopt for this article.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"22 1","pages":"66 - 80"},"PeriodicalIF":1.0,"publicationDate":"2020-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87138866","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: 7

Advocating for the Protection of Rights of Children and Women in Nigeria: An Appraisal 倡导保护尼日利亚儿童和妇女的权利:评价

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2020-11-07 DOI: 10.2478/jles-2020-0011

N. Umejiaku

{"title":"Advocating for the Protection of Rights of Children and Women in Nigeria: An Appraisal","authors":"N. Umejiaku","doi":"10.2478/jles-2020-0011","DOIUrl":"https://doi.org/10.2478/jles-2020-0011","url":null,"abstract":"Abstract The protection of children and women in Nigeria is very critical because their integration in every sphere is a precedent to the growth and development of nations. However, they face diverse discrimination and violence because they are very vulnerable. The object of this study is to examine the rights of children and women by x-raying the various legal and institutional frameworks that provide for their rights, as well as dangers posed by taking their rights for granted. The work analyses factors that inhibit their protection and proffers a viable solution. In this paper, we adopt the doctrinal and empirical methods of legal research. The study discovers that despite a legion of legislation, children and women are exposed to many factors such as legal, social, economic, and obnoxious cultural practices. Further, the work reveals that inherent lapses are visible in our legal framework particularly the 1999 Constitution (as amended), Child‘s Rights Act and other relevant legislation. Accordingly, the work recommends for the eradication of factors that promote child and women abuse and review of relevant laws. The work further recommends for a serious synergy between the government and non-governmental organizations for the protection of children and women.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"9 1","pages":"48 - 65"},"PeriodicalIF":1.0,"publicationDate":"2020-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75358836","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

Study on the Taxation of the Income Obtained from the Cryptocurrency Transfer 加密货币转让所得的税收研究

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2020-11-07 DOI: 10.2478/jles-2020-0019

L. Cernușca, B. C. Gomoi, R. Bilți, R. Almași

引用次数: 1

Theoretical and Practical Assessments of Transfer Prices. Legal Evidence from Romanian Case Law 转让价格的理论与实践评估。罗马尼亚判例法的法律证据

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2020-11-07 DOI: 10.2478/jles-2020-0008

F. Dumiter, Ș. Jimon

{"title":"Theoretical and Practical Assessments of Transfer Prices. Legal Evidence from Romanian Case Law","authors":"F. Dumiter, Ș. Jimon","doi":"10.2478/jles-2020-0008","DOIUrl":"https://doi.org/10.2478/jles-2020-0008","url":null,"abstract":"Abstract Transfer pricing represents the mainstream agenda in the light of tax law, lato sensu, and international taxation, stricto sensu. At the international level, there can be an emphasis on several problems related to taxation: double taxation, double non – taxation, permanent establishment, business profits, residence criteria, arm's length principle, mutual agreement procedure, dispute resolution of tax conflicts. However, the problem of transfer pricing has more profound judicial and economic implications. The main objective of this paper is to evaluate and assess the underlying features and characteristics of transfer prices in the economical and judicial actual context. The operational objectives are related to a quid pro quo analysis regarding the fine-tuning aspects of transfer pricing in the digital taxation era. The case law presented in this article tackles the main problems of applying transfer pricing international regulation upon Romanian tax jurisprudence. The conclusion of this article highlights the need, mutadis mutandis, for a tax policy agenda revealing a strengthened fiscal and financial environment towards the creation of a new proper fiscal space.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"39 1","pages":"1 - 18"},"PeriodicalIF":1.0,"publicationDate":"2020-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85818757","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: 4

Tax Enforcement Procedure Under Section 104 of Personal Income Tax Act: Matters Arisings 个人所得税法第104条规定的税务执行程序:引起的问题

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2020-11-07 DOI: 10.2478/jles-2020-0018

Kachi Bielu John

引用次数: 0