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Journal articles on the topic 'Creation of legal norms'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

Shiner, Roger A. "Justice in the Garden of Eden." Philosophy 63, no. 245 (1988): 301–16. http://dx.doi.org/10.1017/s0031819100043564.

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Legal theory for the purposes of this essay is the theory of mundane law—that is, our law. The legal system of a modern Western democracy is the phenomenon legal theory is trying to represent perspicuously. Such a legal system may be characterized prephilosophically as an institutionalized normative system. The associated institutions include legislatures, courts, police forces, civil services, royal families, and the like. The associated norms are of three kinds—norms directly enjoining, permitting or proscribing behaviour on the part of the norm-subjectss; norms for facilitating the creation

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Аяпбергенов, Махсуд Махмуд ули. "LEGAL IN THE PROCESS OF LEGAL CREATIVITY EXPRESSION OF VALUES." "Science and innovation" international scientific journal 1, no. 2 (2022): 59–63. https://doi.org/10.5281/zenodo.6551221.

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<em>this article covers the expression of legal values in the creation of legal norms through the activity of law creativity, that is, the forms of expression of social values in the norms of law, legislation and their concepts are widely discussed and studied with the help of examples. It also indicated the measures to be taken to identify, assess national values and integrate them into the content of legislative acts.</em>

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Toktobaev, B., and A. Urmatova. "Theoretical Methods of Unification of Normative Legal Terminology." Bulletin of Science and Practice 10, no. 10 (2024): 298–304. http://dx.doi.org/10.33619/2414-2948/107/36.

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The article analyzes the conditions and directions of unification of normative legal acts. The author identifies the following areas of unification: the creation of unified normative acts; the formation of normative legal acts with a single structure; increasing the list of norms common to similar normative legal acts, norms regulating the same type of public relations; creating conditions for the development of a unified legal terminology in order to ensure the general meaning of legal norms. In conclusion, the author comes to the conclusion that the set of methods used depends entirely on th

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Kaiser-Derrick, Elspeth. "Intensifying the Incarceration of the Vulnerable Legal Subject: Correctional Treatment of Ashley Smith as a Source of Legal Norms." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 32, no. 02 (2017): 229–48. http://dx.doi.org/10.1017/cls.2017.7.

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Abstract Ashley Smith lived and died at a confluence of legal sanctions and correctional policy, norms, decisions, and indifference. This article approaches her incarceration primarily through a particular articulation of legal pluralism. Martha-Marie Kleinhans and Roderick A. Macdonald argue legal subjects should be understood as creating law in relationship with laws/norms. The Correctional Service of Canada (CSC) treated Smith as an excluded legal subject through practices of isolation, but the correctional norms evolving in relationship with her resultant distress simultaneously indicate C

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Kazantseva, Olesya. "On the Interpretation of Legal Norms." Legal Linguistics, no. 33 (44) (October 1, 2024): 13–17. https://doi.org/10.14258/leglin(2024)3303.

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The scientific research discusses a comprehensive analysis of the interpretation of legal texts that have their own specifics in comparison with ordinary ones, containing special legal terminology and laid out according to the rules of legal technique. The norms of law contained in normative legal acts are subject to interpretation, exclusively in accordance with other norms of law and taking into account the principles of legal science. The relevance of the research topic is determined by the fact that legal norms regulate relations arising in society and are addressed primarily to people. Du

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Zhukov, S. "LEGAL REGULATION OF ETHICAL STANDARDS OF PROFESSIONAL ACTIVITY." Innovative Solution in Modern Science 8, no. 27 (2019): 98. http://dx.doi.org/10.26886/2414-634x.8(27)2018.7.

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The article contains an analysis of the essence of ethical standards of professional activity. The author substantiates the expediency of applying an existential approach to understanding ethical standards. The creation of ethical codes in post-industrial society is a factor in the consolidation of professional social groups. The author argues that the transformation of ethical standards in the legal norm is possible, subject to the addition of a certain sanction. The article contains description of the features of the synthesis of ethical and legal components of the social norm.Key words: eth

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Viorescu, Răzvan. "Review of the Book “Particularităţile creării şi aplicării de către state a normelor de drept internaţional” [The particularities of the creation and application by states of the norms of international law], Author - Dumitriţa Florea, Lumen Publishing House." European Journal of Law and Public Administration 9, no. 1 (2022): 112–15. http://dx.doi.org/10.18662/eljpa/9.1/176.

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The work entitled "Peculiarities of the creation and application by states of the norms of public international law" emphasizes the analysis of the role of the state in the formation of international legal norms. This scientific approach is an integral part of the doctrine of public international law and details issues related to the ways of creating and applying the norms of public international law and the participation of sovereign states in the process of creating international legal norms. Currently, we are witnessing a transformation of international rules, a fact that generates cl

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Powell, C. H. "A Fullerian Analysis of security Council Legislation." International Organizations Law Review 8, no. 1 (2011): 205–24. http://dx.doi.org/10.1163/157237411x601570.

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AbstractThis article uses the term 'international legislation' to refer to the creation, by the Security Council, of norms by which the Council intends to bind all states, irrespective of their consent. The norms produced by the Council must in turn purport to modify some element of existing law, or to create new law, and they must be general in nature. Two resolutions of the Security Council emerge as 'legislative' under this definition: SCR 1373 of 2001 and SCR 1540 of 2004. Relying on the legal philosophy of Lon Fuller, this article will argue that these resolutions do not, in fact, produce

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Tymchenko, Leonid. "International Legal Norms in the System of the Ukrainian Constitution." Baltic Yearbook of International Law Online 15, no. 1 (2016): 181–90. http://dx.doi.org/10.1163/22115897-90000065b.

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This article studies influence of international legal norms on the Ukrainian Constitution. Special attention is given to the provisions of Article 9 of the Constitution which regulates the implementation of international treaties in the legal system of Ukraine. The creation and main directions of activity of the Constitutional Assembly are analyzed. The author arrived at the conclusion that the main drawback of the current Constitution is the declarative nature of some constitutional provisions.

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Zwitter, Andrej J. "From Needs to Rights—A Socio-Legal Account of Bridging Moral and Legal Universalism via Ethical Pluralism." Politics and Governance 1, no. 1 (2013): 74–91. http://dx.doi.org/10.17645/pag.v1i1.86.

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The question of the universality of human rights has much in common with the question of the universality of ethics. In the form of a multidisciplinary reflexive survey, the aim of this article is to show how human rights discourses derive from more basic principles related to basic needs. These needs are the universal grammar for moral principles, which will be distinguished from ethical norms. Ethical norms, I will argue, are rules that develop in social groups to put into effect moral principles through communicative action and therefore develop as culturally specific norms, which guide beh

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Mihelič, Petja. "Racionalnost znanstvenega raziskovanja naravnega prava." Res novae: revija za celovito znanost 6, no. 1 (2021): 69–84. http://dx.doi.org/10.62983/rn2865.221.3.

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The aim of this paper is to demonstrate, through the presentation of various pursuits and creations of objective law, the necessity of objective natural law and the essential identity of natural and positive law. A positive law governing a morally relevant issue must be the same as the ethical norm of natural law. Only such a law can be considered just and legitimate. When regulating social relations in the field of morality, positive law must not depart from the coherent norms of natural law. However, man has the discretion to regulate many other areas of dispositive (natural) law, such as te

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Sehin, Ivan V. "Regulatory density: concept and rating scale." Vestnik of Kostroma State University, no. 4 (2019): 186–89. http://dx.doi.org/10.34216/1998-0817-2019-25-4-186-189.

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The article deals with the topic of assessing the quantitative increase in the array of legal norms. Topicality of the research topic is due to the negative consequences of legislative inflation, expressed in the creation of new legal norms and the novelisation of the current legislation. The author focuses on the ratio of the number of legal norms and the volume of social relations. The article defines concept of the regulatory density. The author pays particular attention to the scale of legal regulation density. The author identifies three degrees of legal regulation density: low, medium, a

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VINICHENKO, EKATERINA. "SUBSTANTIVE-SYSTEMIC IDEAS OF LAW ENFORCEMENT WHEN CREATING LEGAL ENTITIES AND THEIR REGULATORY SIGNIFICANCE." LEGAL BULLETIN 3, no. 7 (2022): 84–99. https://doi.org/10.5281/zenodo.11189402.

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The relevance of the study of the status of a legal entity in the aspect of its creation is predetermined by the renewal of the role of such a subject in the special conditions of the impact of external sanctions on the economic life of Russia. The main purpose of this work is to substantiate conceptual approaches to improving the legal mechanism for creating legal entities based on substantive and systemic ideas of the legality of the rule of law. The mechanism of creating a legal entity is considered as a complex legal order in the Russian legislation on legal entities. The problems consider

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Aliev, R. I. "Legal Characteristics of the Hunting Agreement." Juridical science and practice 17, no. 3 (2021): 63–68. http://dx.doi.org/10.25205/2542-0410-2021-17-3-63-68.

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The article considers the legal characteristics of the hunting agreement. The author emphasized the legal features of the hunting agreement by the analysis of the doctrine and norms of natural resource legislation: it is the object of complex regulation of various branches of law; this agreement has a special subject – measures for the conservation of hunting resources and their habitat and the creation of hunting infrastructure; the specifics of determining the terms of the hunting agreement and the procedure for its conclusion are established by mandatory norms; this agreement has a special

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Qiram, Syahrul, and Faisal Santiago. "Termination Of Employment Relationship Based On Law Regulation Number 11 Of 2020 Concerning Employment Creation." Edunity : Kajian Ilmu Sosial dan Pendidikan 2, no. 1 (2023): 56–62. http://dx.doi.org/10.57096/edunity.v1i05.36.

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The study aims to examine/analyze legal protection for workers/laborers for termination of employment (PHK) due to Force Majeure experienced by the company. The research method used in this proceeding uses normative juridical research methods, namely research that is focused on examining the application of norms or norms in normative law, namely an approach that uses the positivist conception of legis. This concept views law as identical to written norms made and promulgated by authorized institutions or officials. The conception views law as a normative system that is independent, closed, and

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Taeva, N. E. "Procedural Norms and Institutions in the Structure of Constitutional Law of Russia." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 12 (2024): 92–103. http://dx.doi.org/10.17803/2311-5998.2023.112.12.092-103.

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The article analyzes the opinions of scholars and concludes that the “broad” interpretation of the concept of procedural norms, which actually identifies them with procedural norms, is the most reasonable for constitutional law. On the basis of the studied opinions of constitutional scholars, the author’s definition of the concept of procedural norms of constitutional law is proposed. The idea that the procedural component of constitutional law is the result of legal differentiation, as the completeness of legal regulation of dynamic social relations requires the creation of norms that enshrin

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Sabbir, Ahmed. "The Validity of Normative Power in International Politics in the Twenty-First Century." DIU Journal of Humanities and Social Science 7, no. 1 (2020): 29–41. http://dx.doi.org/10.36481/diujhss.v07i1.fq2xbb12.

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The concept of “normative power” has emerged, as states continuously looked for additional ways to infuse norms within a system. Normative power refers to the power of governing the creation, deletion, or modification of norms within a system or society, and thus entails a strong power of attraction. As most norms are informal having no legal binding, therefore, they seem to be weak in their application. This raises the question of the effectiveness of normative power in the twenty-first century. However, universality, equality, similarity, necessity, etc. provide the moral justification of no

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Slutskiy, Pavel. "Communication in Adopting Moral Norms." MANUSYA 19, no. 2 (2016): 90–108. http://dx.doi.org/10.1163/26659077-01902005.

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There is a seemingly unbridgeable gap between descriptive statements of moral philosophy (ethics) and prescriptive statements of moral norms. The gap can be avoided by introducing a praxeological explanation of the utilitarian meaning of moral norms which treats them as manmade devices utilized for creating social circumstances that reflect universal subjective value preferences of members of society. The universally shared subjective preference not to be acted upon against ones consent is the reason for adopting a moral norm that prohibits such actions. Adoption of this norm is believed to re

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Prehantoro, Prehantoro. "Analysis of Omnibus Law Creation Law: Scope of Labor." International Journal of Multicultural and Multireligious Understanding 8, no. 10 (2021): 180. http://dx.doi.org/10.18415/ijmmu.v8i10.3080.

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This type of research is normative legal research, namely research that puts law as a system of norms, namely about principles, norms, laws and regulations, court decisions, agreements and doctrines. Based on the explanation above, it can be concluded that omnibus law is a legal concept that focuses on simplifying the number of regulations because it revises and revokes many laws at once. Therefore, before the omnibus law concept is actually applied in forming regulations, the principles of participation, transparency, and accountability need to be put forward first. Law Number 11 of 2020 conc

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Литвинов, О. М., О. В. Чуприна та В. О. Гребеніков. "ОСНОВИ ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ СТВОРЕННЯ АВІАЦІЙНОЇ ТЕХНІКИ УКРАЇНИ". Open Information and Computer Integrated Technologies, № 103 (1 травня 2025): 123–33. https://doi.org/10.32620/oikit/2025.103.10.

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The article examines the fundamentals of legal support for the creation of aviation equipment in Ukraine in accordance with the Air Code and regulatory legal acts. The requirements of the Air Code of Ukraine and the Aviation Rules of Ukraine relating to the design, production, certification and operation of aviation equipment are systematized and analyzed in detail. The certification procedures are presented, in particular, obtaining a DOA (Design Organization Approval) certificate, and it is demonstrated how legal norms affect the practical aspects of the creation of aviation equipment. This

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Subky, A. Tajus, Syukri Abubakar, and Arlisa Siti Zahra. "REKONSTRUKSI DAN ADAPTABILITAS TEORI PERTINGKATAN NORMA DALAM IJTIHAD PENEMUAN HUKUM ISLAM." FiTUA: Jurnal Studi Islam 5, no. 2 (2024): 94–112. https://doi.org/10.47625/fitua.v5i2.650.

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This research seeks to examine in depth the deepening and reconstruction of the theoretical concepts of norm development and legal discovery. This research will use a qualitative research method with a type of literature study that analyzes pre-existing theories, concepts and phenomena. The results of the research can be formulated as follows: first, Islamic law has a structure of levels of legal norms, but the validity of Islamic legal norms (syar'i law) is not formal validity which is determined by a higher norm underlying the creation of these norms, as is the theory of the formal validity

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Ahmed, Sabbir. "The Validity of Normative Power in International Politics in the Twenty-First Century." DIU Journal of Humanities & Social Science 7 (October 21, 2024): 1–8. https://doi.org/10.5281/zenodo.13958951.

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The concept of “normative power” has emerged, as states continuously looked for additional ways to infuse norms within a system. Normative power refers to the power of governing the creation, deletion, or modification of norms within a system or society, and thus entails a strong power of attraction. As most norms are informal having no legal binding, therefore, they seem to be weak in their application. This raises the question of the effectiveness of normative power in the twenty-first century. However, universality, equality, similarity, necessity, etc. provide the moral justifi

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Samakashvili, Ana. "TECHNOLOGY AND LEGAL CHALLENGES OF CONTEMPORARY ARMED CONFLICT." Scientific works of National Aviation University. Series: Law Journal "Air and Space Law" 3, no. 72 (2024): 68–74. http://dx.doi.org/10.18372/2307-9061.72.19062.

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The purpose of the article is to research the relationship between IHL, IHRL and national law norms, and to give recommendations about the prevention of using technologies in contemporary armed conflicts. Research methods: in the article, the research was carried out using the comparative-legal method in order to present the relationship between international and national legal norms. Also, we will use the normative method to emphasize the need of introduction of new norms to regulate the problem. Results: after the World War II, adoption of the new international norms significantly decreased

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Chulyukin, L. D., and V. V. Guryanova. "Law-Making Activity as a Type of Legal Process." Russian Journal of Legal Studies 5, no. 4 (2018): 38–44. http://dx.doi.org/10.17816/rjls18442.

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The article studies the problem of understanding the essence of law-making as a kind of legal process. The current procedural legislation for the creation of norms of law is analyzed. Scientific research about the nature of lawmaking is studied and modern law-making activity is taken. The law-making process is researched on the basis of philosophical approaches (dialectical materialism, logical positivism, critical rationalism, etc.), general scientific (analysis and synthesis, generalization, system analysis, abstraction, etc.) and private methods (specifically sociological method, formal leg

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Elfakharani, Ashraf M. A., Rohana Abdul Rahman, and Nor Anita Abdullah. "Compatibility Between US-BIT Norms and the Need for Local Remedies Through Relevant Egyptian Investment Laws." African Journal of International and Comparative Law 26, no. 3 (2018): 452–76. http://dx.doi.org/10.3366/ajicl.2018.0241.

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This article investigates the legal mechanism designed for promoting private investment in Egypt through signing Bilateral Investment Treaties (BITs) including adoption of the United States of America's BIT Norms Model (US BIT Norms). It also explores their compatibility with the relevant Egyptian investment laws and investigates whether these norms had any significance in the creation of an investment environment in Egypt. The article cites examples from Egyptian investment laws to see whether these norms gave birth to any conflicts. The presence of Egypt has increased before the internationa

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Muroni, Darul Kutni Al. "INTELLECTUAL PROPERTY RIGHTS’ LEGAL PROTECTION TOWARDS COPYRIGHTS OF NEW CREATION DANCE CHOREOGRAPHY IN LAMPUNG." Indonesia Private Law Review 3, no. 1 (2022): 1–12. http://dx.doi.org/10.25041/iplr.v3i1.2311.

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The copyright law determines that the state holds a copyright owner regarding traditional cultural expressions. What if a cultural expression undergoes renewal and is created into a new dance that still has a traditional theme. The purpose of this study is to describe the form of the legal protection of intellectual property rights as well as constraints in determining who is the legal owner of the copyright of the creation of new dance choreographies in Lampung. The research method used is the socio-legal approach, namely by using an approach that focuses on seeing the law through a combinati

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Abrianto, Bagus Oktafian, Xavier Nugraha, Julienna Hartono, and Indah Permatasari Kosuma. "Problematika Keputusan Tata Usaha Negara Yang Bersifat Fiktif Positif Setelah Undang-Undang Nomor 11 Tahun 2020." Arena Hukum 16, no. 3 (2023): 532–56. http://dx.doi.org/10.21776/ub.arenahukum.2023.01603.5.

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This doctrinal research aims to analyze the development of legal consequences and legal protection related to the Government's omission on applications to state administrative officials. Until the enactment of the Job Creation Act, there were 3 (three) different legal norms regarding the legal consequences of the Government's omission on applications to state administrative officials, namely fictitious rejection, in the State Administrative Court Law, fictitious approval followed up with applications, in the Government Administration Act, and fictitious approval without being followed up with

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Доронина, Наталия, and Nataliya Doronina. "Diffusion in Law as Trend for Private International Law Unification: To the Issue of Data Protection Law Object." Journal of Russian Law 3, no. 5 (2015): 0. http://dx.doi.org/10.12737/10728.

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Foreign law can be an important object of informational legal relations. Different states compose unified registers of legislative acts. In the long run creation of national information resources on the basis of the current legislation contributes to interpenetration of legal norms into foreign legal systems. In the age of globalization cooperation between states on a contractual basis opens large-scale prospects for establishing business and other contacts between citizens and legal entities of different state affiliations. But the use of this method of law unification faces difficulties rela

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Meese, James, and Jennifer Hagedorn. "Mundane Content on Social Media: Creation, Circulation, and the Copyright Problem." Social Media + Society 5, no. 2 (2019): 205630511983919. http://dx.doi.org/10.1177/2056305119839190.

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This article examines the practices of social media users and explores how people value, protect, and circulate content on social media platforms. Legal scholarship shows us that much of the mundane online distribution and consumption of media infringes copyright law and as a result raises complex questions around the distribution and circulation of content. Through exploring this misalignment between copyright law and everyday social media practices, this article identifies existing norms on social media platforms and asks whether they could provide guidance for a future copyright reform agen

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Fadli Fauzi, Ahmad. "Politik Hukum Undang-Undang Cipta Kerja Pada Aspek Hubungan Industrial." Jurnal Lex Renaissance 8, no. 1 (2023): 20–38. http://dx.doi.org/10.20885/jlr.vol8.iss1.art2.

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The policy direction in the Job Creation Law appears to exhibit a political nuance and thus inseparable from the negotiation of interests between the authorities and entrepreneurs. As a result, the legal products produced only satisfy the political principles and hence are problematic. The issues with the Job Creation Law are not only at the legislative stage; but at the level of normative substance whereby there are several problematic articles. For instance, in terms of wages, the phrase "necessities for a decent living" as regulated in Article 88 has been removed, alterations to Article 151

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Petrova, T. V. "Theoretical Approaches to the Formation of Legal Values in the Modern Education System." Moscow Juridical Journal, no. 4 (March 13, 2024): 45–54. https://doi.org/10.18384/2949-513x-2023-4-45-54.

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Aim. to identify the main approaches to the formation of legal values in the modern education system taking into account modern trends in the development of the state and society. Procedure and methods: the conducted research pays special attention to the comprehensive study of legal education, which is considered as a legal category. For this purpose, systemic, methodological, axiological and value-based approaches in the context of the educational system were applied.Methodology. The conclusions made in the presented study are aimed at fixing norms-definitions for uniform law enforcement of

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Priyma, Serhiy, та Maria Erofeeva. "The Concept оf the Legal Collisions". Theory and practice of jurisprudence 2, № 2 (2022): 5–21. http://dx.doi.org/10.21564/2225-6555.2022.2.269676.

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The article considers the conflict of law as one of the drowbacks of the law. It has been established that legal conflicts are an objectively existing, natural defect of law that arises due to various objective and subjective circumstances. To realize the purpose of the article, the following main features of legal conflicts were singled out: 1) their essence is that they are an excess of legal regulation. At the same time, three conditions are necessary for the emergence of a legal conflict: two or more valid legal norms; regulate the same social relationship; such regulation is carried out i

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Frąckowiak, Józef. "Orzecznictwo i doktryna jako źródło prawa prywatnego." Przegląd Prawa i Administracji 112 (August 2, 2018): 47–65. http://dx.doi.org/10.19195/0137-1134.112.4.

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JURISPRUDENCE AND DOCTRINE AS A SOURCE OF PRIVATE LAWIn Polish legal literature, it has long been pointed out that jurisprudence and doctrine have an impact on the formation of legal norms. In private law, the influence of jurisprudence and doctrine is particularly visible. Despite the unambiguous determination in art. 87 of the Constitution of the Republic of Poland, which is a source of law, and lack of case law and doctrine in this list, they play an important role in the creation of the norms of applicable law. In the private law doctrine, it is assumed that the norm of applied law is noth

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Kuznetsova, Yuliya, and Dmytro Husiev. "Wheeled vehicle certification: possibilities of legal regulatio." REPORTER OF THE PRIAZOVSKYI STATE TECHNICAL UNIVERSITY Section: Economic sciences, no. 37 (September 29, 2019): 194–99. http://dx.doi.org/10.31498/2225-6725.37.2019.290862.

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Legislative system which regulate wheeled vehicle certification of Ukraine is investigated in the article. Norms from fundamental law of Ukraine, norms Law of Ukraine such as Road Traffic, about Transport, about Motor transport, secondary legislation. are. аnalysed. Аdjudicate that in the lawgiving level rulemaking of certification wheeled vehicle in Ukraine answer requirements international standards namely Agreement concerning the Adoption of Harmonized Technical United Nations Regulations for Wheeled Vehicles, Equipment and Parts Which can be Fitted and/or be Used on Wheeled Vehicles and th

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Molchanov, D. M. "Special Rules of the Special Part of the Russian Criminal Code on Participation in the Activities of Organizations Registered in the Russian Federation or other Jurisdictions (Art. 239 of the RF CC)." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 13, 2024): 90–98. http://dx.doi.org/10.17803/2311-5998.2024.116.4.090-098.

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The Russian legislator does not have a systematic approach to criminalizing the creation of groups of a certain orientation, their leadership and participation in such groups. At first glance, a variety of norms containing a ban on the commission of such acts are the norms of the Criminal Code of the Russian Federation, enshrined in the Part. 1-3 tbsp. 239 of the Criminal Code of the Russian Federation. These norms prohibit the creation of associations or organizations, their management and participation in them. This prohibition is due to the nature of the activities of the relevant associati

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Muslim, Shohib, Shinta Hadiyantina, Hudriyah Mundzir, Khrisna Hadiwinata, and Dina Imam Supaat. "Reconstruction of Fulfilling the Rights of Domestic Helpers in Employment Relations as a Form of Respect for Human Rights." Yuridika 38, no. 2 (2022): 243–60. http://dx.doi.org/10.20473/ydk.v38i2.41214.

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The state guarantees welfare for its people, including domestic servants who are guaranteed constitutional rights. However, in statutory regulations, guarantees for legal protection do not apply to domestic workers who work in the informal sector, while domestic workers who work in the formal sector get guaranteed legal protection, as stated in Law No. 11 of 2020 regarding the employment creation cluster. Techniques implemented in research in the form of presentation of concepts, theories and arguments that are useful in studying and analyzing phenomena that occur based on applicable regulatio

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Vicheva, A. A. "СONCERNING THE QUESTION OF LEGAL REGULATION ENHANCEMENT OF INTERACTION BETWEEN LOCAL SELF-GOVERNMENT BODIES AND MEDICAL ORGANIZATIONS". Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), № 2 (2020): 67–76. http://dx.doi.org/10.37279/2413-1733-2020-6-2-67-76.

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The article highlights the peculiarities of legal regulation of the interaction between local authorities in the process of power realization and creation conditions for the medical care provision by medical organizations. The author notes that the interaction under study is carried out in the tax sphere, on the vicinity improvement, while transferring property rights to municipal property, while organizing the efficiency of electricity, heat, gas, water, sanitation, while creating conditions to provide communication services. On the basis of analysis of the federal legislation norms and munic

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Faizal, Muhammad, Budi Santoso, and Amelia Sri Kusuma Dewi. "The Juridical Validity of the Asset Seizure Prohibition for the Indonesia Investment Authority (INA)." International Journal of Business, Law, and Education 6, no. 1 (2025): 922–31. https://doi.org/10.56442/ijble.v6i1.1123.

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Article 160, paragraph (3) of the Job Creation Law prohibits the confiscation of assets by the Indonesia Investment Authority (INA). The provision prohibiting asset confiscation raises problems in the form of norm conflicts with the provisions of bail confiscation, criminal confiscation, and bankruptcy confiscation. Therefore, it is necessary to analyze the validity of the norms prohibiting the confiscation of INA assets. Based on this background, the purpose of this study is to analyze the juridical validity of the norms prohibiting the seizure of INA assets. This research uses a statutory an

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Levandovskaya, M. G. "On the necessity to improve criminal legal counteraction to the creation and activity of dual-use biolaborations." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 13, 2024): 151–59. http://dx.doi.org/10.17803/2311-5998.2024.116.4.151-159.

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The article deals with the topic of assessing the activities of dualuse biolaboratories and improving the criminal-legal counteraction to their negative impact. The author justifies the relevance of this topic by the growing scale of illegal activities of the United States in the field of dual-use biological research and their active expansion in the territory of the states bordering the Russian Federation.The author analyzes the general concept and characteristic features of dualuse bio-laboratories. The article emphasizes the importance of developing an effective legal framework to regulate

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Tyniewicki, Marcin, and Joanna Małgorzata Salachna. "The impact of moral norms on the creation of public expenditure law – the Polish experience." Opolskie Studia Administracyjno-Prawne 19, no. 4 (2022): 73–88. http://dx.doi.org/10.25167/osap.4543.

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The aim of this article is to determine the extent of dependence/relation between moral norms and public expenditure law established in Poland as well as to determine the impact of this law on the formation of citizenship. The following theses have been formulated by the Authors on the basis of elaborated diagram: firstly, moral norms, including social rules arising from universal Christian values, should directly and indirectly strongly influence legal regulations in the scope of public expenditure as well as education and citizenship; secondly and this is a reverse process – public spending

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Kurek, Justyna. "Legal Security Aspects of Online Search. Postulates de lege ferenda." Internal Security 11, no. 2 (2020): 129–40. http://dx.doi.org/10.5604/01.3001.0013.8212.

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Classified online search of telecommunication systems with the use of spyware tools requires comprehensive regulation. On the one hand, it should ensure the balance between an effective legal framework for guaranteeing public security in the online environment and legal regulation, on the other hand — it should respect constitutional norms, in particular the right of the individual to protect privacy, the inviolability of the home and the protection of correspondence. Legal and political consent for such activities requires, however, the creation of institutional, material, legal and procedura

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Pratama, Topan Yulia, Sudarsono Sudarsono, Herman Suryokumoro, and Aan Eko Widiarto. "Analyzing the concept of incompleteness and ambiguity of norms in formal testing of laws at the constitutional court." International Review of Social Sciences Research 5, no. 1 (2025): 106–27. https://doi.org/10.53378/irssr.353148.

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The effectiveness, fairness, and legal certainty of Indonesia’s constitutional system are significantly undermined by the inadequacy and ambiguity of legislative standards. Deficiencies in legislative drafting, such as insufficient regulatory provisions and vague legal language, often contribute to this issue. This research examines the role of the Constitutional Court in addressing the incompleteness and ambiguity of legal norms through formal judicial review. By employing a normative legal research methodology with a descriptive-analytical approach, this study analyzes constitutional provisi

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Poernamadjaja, Doddy, and Hufron Hufron. "PERBANDINGAN ANTARA UNDANG-UNDANG NOMOR 13 TAHUN 2003 KETENAGAKERJAAN DENGAN UNDANG-UNDANG NOMOR 11 TAHUN 2020 CIPTA KERJA DALAM PEMUTUSAN HUBUNGAN KERJA BAGI PEKERJA PERJANJIAN KERJA WAKTU TERTENTU PADA MASA KONTRAK." Mimbar Keadilan 15, no. 1 (2022): 81–92. http://dx.doi.org/10.30996/mk.v15i1.5848.

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the aim of this research was conducted analyze legal protection for workers' contracts, who are dismissed before the end of their working period. This research was conducted using juridical-normative legal research, The research produces the first answer PKWT workers who are dismissed based on the employees have not provided maximum legal protection for PKWT workers, Article 62 of the employment only provides compensation for workers/ laborers. workers until the end of the work agreement. The attestation of the Job Creation Law and PP 35 of 2021 raises legal problems in the form of conflicting

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Gostojic, Stevan, Branko Milosavljevic, and Zora Konjovic. "Ontological model of legal norms for creating and using legislation." Computer Science and Information Systems 10, no. 1 (2013): 151–71. http://dx.doi.org/10.2298/csis110804035g.

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This paper presents a formal model of legal norms modeled in OWL. It is intended for semiautomatic drafting and semantic retrieval and browsing of legislation. Most existing solutions model legal norms by formal logic, rules or ontologies. Nevertheless, they were not in-tended as a basis for drafting, retrieval and browsing of legislation. The proposed model formally defines legal norms using their elements and elements of legal relations they regulate. The duality between the con-tent and the form of legislation is exploited by connecting it to the XML model of legislation based on the CEN Me

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Efendi, A'an, and Fradhana Putra Disantara. "Post Conditionally Unconstitutional of Job Creation Law: Quo Vadis Legal Certainty?" Yuridika 37, no. 2 (2022): 345–82. http://dx.doi.org/10.20473/ydk.v37i2.33364.

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Enigma emerged when the Constitutional Court declared that Law Number 11 of 2020 concerning Job Creation (UU CK) unconstitutional. The purpose of this legal research is to review the legal dynamics of the UU CK after the Constitutional Court Decision No. 91/PUU-XVIII/2020 based on the point of view of the formal review and procedural justice, as well as reviewing the relevance of the Decision as a monumental decision; while at the same time analyzing the phenomenon of 'conditionally unconstitutional' in the perspective of legal certainty and expediency. This legal research uses a conceptual ap

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Nikulina, O. V. "LEGAL ENTITIES AND INDIVIDUALS AS PARTICIPANTS IN LEGAL RELATIONS FOR THE CREATION AND USE OF THE OFFICIAL RESULT OF INTELLECTUAL ACTIVITY." Chronos 6, no. 6(56) (2021): 47–51. http://dx.doi.org/10.52013/2658-7556-56-6-16.

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The purpose of this study is to substantiate the need to revise the current legislation in terms of determining the circle of participants in legal relations for the creation and use of official results of intellectual activity. Through scientific research, the creation of inventions, selection achievements and other results of intellectual activity, including official ones, the scientific and technical potential of scientists in the Russian Federation is realized. However, disputes often arise between legal entities (employers) and the creators of the result of intellectual property (employee

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Kamarudin and N. Trisyani. "Conservation Efforts for Sustainable Razor Clam (Solen sp.) Resources after Enacting the Job Creation Law." IOP Conference Series: Earth and Environmental Science 1473, no. 1 (2025): 012065. https://doi.org/10.1088/1755-1315/1473/1/012065.

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Abstract Pamekasan is one of the regions producing razor clam resources in Indonesia, but the population growth rate is lower than other regions. Local community is responsible for keeping sustainable fish resources. Local government need to make various efforts to conserve razor clam resources. However, since the Job Creation Law has enacted, central government determines norms, standards, procedures, and criteria for fisheries businesses, including razor clams, the local government shall hold them. This study aims to examine razor clam conservation efforts in Pamekasan in regulatory mechanis

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Melnikova, V. G. "Environmental Legal Aspects of Stimulating Innovation: EU Experience." Juridical science and practice 17, no. 1 (2021): 56–64. http://dx.doi.org/10.25205/2542-0410-2021-17-1-56-64.

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In the article a research of the environmental law means and methods that have a stimulating effect on the development of new technologies is considered. The experience of legal regulation at the level of the EU and Germany in terms of the impact of environmental legal norms and standards on the creation and dissemination of new technologies is considered. Indirect tools for stimulating the creation of environmentally efficient technologies are considered on the example of legal regulation of energy production from renewable sources. The elements of the environmental legal mechanism that contr

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Чубукова, Светлана. "APPROACHES TO LEGAL REGULATION OF GENETIC TESTING IN THE RULE-OF-LAW STATE." Rule-of-law state: theory and practice 16, no. 2 (2020): 145–56. http://dx.doi.org/10.33184/pravgos-2020.2.13.

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The relevance of legal regulation of genetic testing is determined by the fact that genetic data can be used not only for the good, but also for discrimination against a person. Aim: To analyze the approaches of different countries to the development of legal regulation of genetic testing and the use of genetic data. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; private scientific methods: comparative legal and the method of interpretation of legal norms. Results: Two approaches are identified in legal regulation of

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Nugrahani, Dian. "Legal Developments On The Use Of Protected Forest Areas For Geothermal Power." Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang 7, no. 1 (2023): 23–39. http://dx.doi.org/10.33474/yur.v7i1.19762.

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The latest developments related to indirect Geothermal utilization in conservation areas in connection with the issuance of Law Number 11 of 2020 concerning Job Creation, which includes the forestry sector and its amendments through Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. The creation of the facilities provided by the Government can positively impact the ease of Geothermal utilization. The research method used is a normative juridical method. The method of data analysis in this study was carried out qualitatively by elaborating and analyzing various secon

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