Jurnal Cita Hukum
type: channel
description: Jurnal Cita Hukum is an open access and peer-reviewed journal that aims to offer legal studies, government policies, law and society, laws and regulations, and legal issues that have developed in various countries. This study is not limited to various fields of criminal law, civil law, constitutional law, state administrative law, the development of Islamic law, international law, humanitarian law, and other fields regarding contemporary issues in the field of law. Jurnal Cita Hukum has been indexed at Web of Science (WOS) P-ISSN 2356-1440 E-ISSN 2502-230X
publisher: Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta
language: en
publication name: Jurnal Cita Hukum
issn: 2356-1440
items: Политика использования социальных сетей в России после Спецоперации в 2022 г.(Social Media Usage Policy in Russia after the Special Military Operation in 2022)
items: Prevention of corruption in the field of social protection of the population: administrative and criminal legal aspects
items: Martial law and transformation of the social security system: issues of equality and access to assistance for internally displaced persons and the population of occupied territories
items: The Philosophical-Legal Aspect of the Methodology of Research on the Instruments of State Policy and Public Administration
items: Legal status of victims of sexual and domestic violence in armed conflict: international legal standards and Ukrainian practice
items: Laws on The Management of the Underground Economy in the Criminal Sector in Vietnam
items: Navigating the Intersection of Technology, Disinformation, and Human Rights: Balancing Freedom of Expression and Speech
items: Legal Regulations on Professional Liability Insurance for Non-Material Damages: Lessons for Vietnam from China
items: The Institution of Legal Liability in the Digital Age: International Legal Standards, Administrative, Financial and Criminal Aspects
items: Legal Regulation of the Principles of State Activity in Family Relations
items: Information Support of Procedural Activities to Prove Moral Damage in Pre-Trial Proceedings
items: Judicial Activism In Criminal Prison Sentences Below The Minimum Sentence In Narcotics Cases From A Criminal Accountability Perspective
items: Interpretation of Legal Norms in Modern Jurisprudence: Theoretical and Practical Aspects of Human Rights Protection Under Martial Law
items: Raising the Level of Legal Culture in Society: Regulatory Framework for Academic Integrity
items: International Courts and Their Contribution to Justice in the Context of the War in Ukraine
items: The Place of Financial Administrative Sanctions in the System of Public Liability
items: Proposing Some Solutions to Improve Policies and Laws on Land Use Rights of Overseas Vietnamese
items: The International Human Rights Standard and Pakistan’s Obligations regarding Wrongful Conviction: A Comparative Doctrinal Analysis with the United Kingdom
items: Legal Reconstruction of Employee Shareholder Protection through ESOP Program from Termination of Employment
items: The Legislation of the Notary System and Electronic Data Evidence in Different Countries
items: Online Privacy and Personal Data Protection: An Islamic Law Perspective
items: Reforming Ukraine’s Legal System in the Context of Sustainable Development: Challenges and Prospects
items: Legal Basis of Cross-Border Criminal Prosecution of Cybercriminals: Criminal and Procedural Challenges for Azerbaijan
items: Ai In Big Data in Criminal Investigation: Procedural Safeguards and Human Rights Risks
items: People with intellectual disabilities and crime: changes in terminology, attitudes and interventions in the Czech context
items: Custom in Insurance Law: A Doctrinal and Applied Analysis of Usage as a Source of Legal Norms
items: Practice of the european court of human rights as a factor in the development of private law
items: Artificial Intelligence’s Application In Journalistic Practice In Terms Of Digital Transformation
items: Conflict of Interest Regulation in Transitional Legal Systems: A Comparative Legal Study of Ukrainian Compliance with International Anti-Corruption Standards
items: Regulating Legal Ethics in Vietnam: Institutional Challenges, Normative Frameworks, and Reform Imperatives

Политика использования социальных сетей в России после Спецоперации в 2022 г.(Social Media Usage Policy in Russia after the Special Military Operation in 2022)
type: item
description: This article examines the characteristics of social media usage in Russia, particularly following the special military operation in Ukraine in 2022, a period that marked a significant shift in the country’s information and communication landscape. The study aims to provide an in-depth analysis of how the Russian government regulates, restricts, and controls the use of digital media platforms among its citizens. Special attention is given to the political, security, and ideological considerations that underlie these restrictions, especially in the context of national sovereignty, information warfare, and state security. The primary objective of this research is to identify the key reasons behind limitations on social media usage and access to online information in Russia. It also seeks to analyze the legal framework governing these restrictions, including laws, government decrees, and regulatory policies that justify bans, content moderation, platform blocking, and surveillance of online activities. By examining these normative instruments, the article highlights how legal mechanisms are employed to shape public discourse and manage information flows in times of political tension and conflict. Methodologically, this study adopts the perspective of the social construction of mass media, which views media not merely as neutral channels of communication but as socially and politically constructed institutions influenced by power relations, ideology, and state interests. Through qualitative analysis of policy documents, official statements, and regulatory practices, the research illustrates how state narratives are reinforced through digital media governance. The findings indicate that the Russian government has developed a systematic and institutionalized policy framework to regulate social media and internet access. These policies significantly affect freedom of expression, access to alternative information sources, and patterns of online communication, reshaping the r…
subject: Articles
  topic: section
creator: Albert Muhammad Isrun Naini
creator: Margarita Olegovna Naini
rights: Copyright (c) 2025 Albert Muhammad Isrun Naini, Margarita Olegovna Naini https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.50043

Prevention of corruption in the field of social protection of the population: administrative and criminal legal aspects
type: item
description: The article examines the problems of preventing corruption in the social protection sector from the point of view of administrative and criminal law aspects. The mechanisms of preventive influence are considered, in particular, the standardization of procedures, internal control, audit and the implementation of e-government, which contribute to minimizing corruption risks. The criminal law measures of liability for abuse of power, acceptance or provision of illegal benefits and forgery of documents in the field of social payments are analyzed. The importance of an integrated approach combining administrative and criminal mechanisms is emphasized to increase the transparency, accountability and efficiency of the social protection system. Examples of foreign practice on the use of electronic platforms and internal audits as means of combating corruption are given. Corruption in the field of social protection of the population is a multifaceted and systemic phenomenon that negatively affects the effectiveness of state policy, the level of trust of citizens in state institutions and social justice in society. It manifests itself in various forms: from bribery and abuse of official position to manipulation of the distribution of social benefits and subsidies. Administrative mechanisms for combating corruption play an important role in preventing offenses. The introduction of electronic management systems, automation of the processes of distributing social benefits, declaring the income of officials, standardizing application forms and increasing the transparency of procedures allow minimizing the risks of abuse, increasing the accountability of social protection bodies and preventing corrupt actions at the early stages. Criminal law measures provided for by the legislation of Ukraine are a necessary condition for effective combating corruption. Strict liability for abuse of power, acceptance or provision of undue benefits, forgery of documents in the social sector provid…
subject: Articles
  topic: section
subject: corruption
  topic: keywords
subject: social protection
  topic: keywords
subject: administrative responsibility
  topic: keywords
subject: criminal responsibility
  topic: keywords
subject: e-government
  topic: keywords
subject: internal control
  topic: keywords
subject: preventive measures
  topic: keywords
subject: population
  topic: keywords
subject: legal aspects
  topic: keywords
creator: Wiktor Branowicki
creator: Olena Varhuliak
creator: Oleksandr Kozlenko
creator: Roman Melnychuk
creator: Artur Makarov
rights: Copyright (c) 2025 Wiktor Branowicki, Olena Varhuliak , Oleksandr Kozlenko, Roman Melnychuk, Artur Makarov https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.49356

Martial law and transformation of the social security system: issues of equality and access to assistance for internally displaced persons and the population of occupied territories
type: item
description: The article examines the transformation processes in the social security system of Ukraine under martial law caused by the full-scale military aggression of the Russian Federation. The relevance of the topic is due to the need to ensure equality and justice in the distribution of social assistance among internally displaced persons and the population of temporarily occupied territories. It is noted that military actions have become a catalyst for profound structural changes in the field of social protection, which are manifested in the transition from traditional support mechanisms to digital and crisis-oriented social policy instruments. The purpose of the study is to analyze the current state of the social security system of Ukraine during martial law, identify key problems in ensuring equality and accessibility of social assistance, and develop proposals for improving state policy in this area. The methodological basis is made up of general scientific and special-legal methods, in particular: systemic, comparative-legal, formal-legal, structural-functional and content analysis. Empirical materials, statistical data and judicial practice on the implementation of social rights of IDPs and citizens from occupied territories were used. The results of the study showed that the existing model of social security during martial law retains signs of fragmentation and inequality in access to assistance. The digitalization of social services (in particular, through the “Diya” application) has significantly increased the efficiency of accounting and payments, but at the same time created barriers for vulnerable groups - the elderly, people without access to the Internet and residents of remote or occupied territories. The problem of social integration of internally displaced persons requires special attention, since state policy is currently focused mainly on short-term financial payments, and not on sustainable mechanisms for employment, housing support or social adaptation…
subject: Articles
  topic: section
subject: martial law
  topic: keywords
subject: armed conflict
  topic: keywords
subject: social rights
  topic: keywords
subject: social guarantees
  topic: keywords
subject: social protection
  topic: keywords
subject: labor rights
  topic: keywords
subject: labor relations
  topic: keywords
subject: occupation regime
  topic: keywords
subject: internally displaced persons
  topic: keywords
creator: Oksana Valetska
creator: Olena Arsentieva
creator: Viktoriia Zholudieva
creator: Viktoriia Yurovskа
creator: Mykhailo Ternushchak
rights: Copyright (c) 2025 Oksana Valetska, Olena Arsentieva, Viktoriia Zholudieva , Viktoriia Yurovskа , Mykhailo Ternushchak https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.48660

The Philosophical-Legal Aspect of the Methodology of Research on the Instruments of State Policy and Public Administration
type: item
description: In particular, the study has shown that each of the approaches under consideration—epistemological, ontological, axiological, and systemic (in combination with synergetics)—has its own substantive purpose, yet together they form a comprehensive methodological framework for the respective scientific inquiry. It has been established that the epistemological approach ensures the identification of the ways, boundaries, and means of acquiring knowledge about the instruments of public administration. Its significance lies in the development of methods for collecting, verifying, and interpreting information, which include dialectical analysis of contradictions, metaphysical fixation of stable elements, logical operations of induction and deduction, analytic-synthetic data processing, as well as hermeneutic interpretation of concepts and norms. Within this approach, instruments are studied through the prism of how exactly they can be known, described, and explained by scientific means. It is noted that, in contrast, the ontological approach focuses on the nature, essence, and structural characteristics of instruments as socio-legal phenomena. Its methods are oriented not so much towards the process of cognition, but rather towards the identification of the fundamental properties of the object of study and its place within the structure of public administration. It is emphasized that the axiological approach provides the value-based dimension of the research, in which the criteria for evaluating an instrument are the ideals enshrined in the legal system and social consciousness, namely justice, equality, freedom, human rights, and others. It has been revealed that the systemic approach, reinforced by the synergetic dimension, makes it possible to consider public administration instruments in interaction with all elements of the public governance mechanism as a whole, to identify internal and external connections, as well as the patterns of their dynamics, self-organization, …
subject: Articles
  topic: section
subject: public administration
  topic: keywords
subject: instruments of public administration
  topic: keywords
subject: research methodology
  topic: keywords
subject: epistemological approach
  topic: keywords
subject: ontological approach
  topic: keywords
subject: axiological approach
  topic: keywords
subject: systemic approach
  topic: keywords
subject: synergetics
  topic: keywords
subject: legal values
  topic: keywords
subject: state policy
  topic: keywords
subject: economic (managerial) activity of the state
  topic: keywords
subject: private-law instruments of public administration
  topic: keywords
creator: Pavlo Liutikov
creator: Dmytro Pryimachenko
creator: Vasyl Yurchenko
creator: Anatolii Dietochka
creator: Yaroslav Sydorov
rights: Copyright (c) 2025 Pavlo Liutikov , Dmytro Pryimachenko , Vasyl Yurchenko , Anatolii Dietochka , Yaroslav Sydorov https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.48690

Legal status of victims of sexual and domestic violence in armed conflict: international legal standards and Ukrainian practice
type: item
description: The article provides a comprehensive analysis of the legal status of victims of sexual and domestic violence in armed conflict through the prism of international legal standards and modern Ukrainian practice. The relevance of the topic is due to the ongoing armed aggression of the Russian Federation against Ukraine, which has led to a significant increase in the number of cases of sexual and gender-based violence, in particular in temporarily occupied areas, places of detention and among internally displaced persons. The aim of the article is to study the system of international and national legal mechanisms for the protection of victims of sexual and domestic violence during armed conflict, identify problems in the implementation of international legal norms in Ukrainian legislation and formulate proposals for its improvement. The research used a complex of general scientific (analysis, synthesis, induction, deduction, systematic approach) and special legal (comparative legal, formal legal, historical legal, method of interpretation of legal norms) methods, which ensured the completeness and objectivity of the results obtained. The article reveals the content of the main international documents that determine the legal status of victims of sexual violence in armed conflicts: the Geneva Conventions of 1949 and the Additional Protocols thereto, the Rome Statute of the International Criminal Court of 1998, the Istanbul Convention of the Council of Europe of 2011, UN Security Council Resolutions No. 1325 (2000) and No. 1820 (2008). It is emphasized that these acts establish the obligation of states to ensure prevention, investigation, prosecution of perpetrators and assistance to victims. The scientific novelty of the study lies in the systematic approach to determining the legal status of victims of sexual and domestic violence as a complex legal category, combining elements of international humanitarian law, international human rights law and national legislation. Di…
subject: Articles
  topic: section
subject: war crimes
  topic: keywords
subject: martial law
  topic: keywords
subject: armed conflict
  topic: keywords
subject: responsibility
  topic: keywords
subject: Disinformation; Human rights; Freedom of expression; Freedom of information; Prevention of Electronic Crimes Act (PECA)
  topic: keywords
subject: status of victims
  topic: keywords
subject: domestic violence
  topic: keywords
creator: Andrii Sobakar
creator: Liubov Kotova
creator: Ihor Tatarenko
creator: Kostiantyn Palshkov
creator: Oksana Zuieva
rights: Copyright (c) 2025 Andrii Sobakar, Liubov Kotova , Ihor Tatarenko , Kostiantyn Palshkov , Oksana Zuieva https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.47347

Laws on The Management of the Underground Economy in the Criminal Sector in Vietnam
type: item
description: This study explores the complex relationship between criminal law and the underground economy in Vietnam, highlighting both its economic contributions and its detrimental effects on social order, security, and individual well-being. The underground economy—comprising unregistered businesses, informal labor, and illicit trade—has persisted due to gaps in legal enforcement, economic inequality, and the pursuit of profit outside regulatory oversight. While it can stimulate short-term economic activity, it also undermines fiscal stability, erodes trust in public institutions, and exposes participants to significant risks. To analyze this phenomenon, the study employs a qualitative research method that integrates literature review, juridical-normative analysis, and case-based exploration. Legal documents, policy papers, and academic studies are examined to understand how Vietnamese criminal law addresses underground economic activities. In addition, expert interviews with legal scholars, law enforcement officers, and economists provide contextual insights into enforcement challenges and policy gaps. This qualitative approach allows for a nuanced understanding of how law and informal economic practices interact in real-world contexts, beyond mere statistical data. The findings reveal that Vietnam’s criminal law serves not only as a deterrent mechanism but also as a regulatory instrument that shapes economic behavior. However, enforcement remains inconsistent, and coordination among state institutions remains limited. The study concludes with policy recommendations to improve legal frameworks, strengthen institutional capacity, and promote public awareness to manage and gradually formalize the underground economy in Vietnam effectively. REFERENCES Channel 14.Vn Electronic Newspaper (2018). “The story of legalizing prostitution in 10 countries around the world: The country allows prostitution but restricts the purchase of sex”. Access source: https://kenh14.vn/ specializing…
subject: Articles
  topic: section
subject: Underground Economy; Law; Criminal; Management; Crime
  topic: keywords
creator: Nguyen Vinh Hung
creator: Tran Cong Thinh
creator: Dao Thi Thu Huong
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 575
ending page: 588
doi: 10.15408/jch.v13i2.47271

Navigating the Intersection of Technology, Disinformation, and Human Rights: Balancing Freedom of Expression and Speech
type: item
description: The spread of deceptive content online threatens human rights, particularly freedom of expression and access to accurate information. In Pakistan, the rise of digital platforms has fuelled misinformation, weakening democratic processes, polarizing society, and eroding public trust. The challenge lies in balancing disinformation regulation with protecting free speech. While false narratives undermine institutions, restrictive measures risk suppressing dissent and opposition voices. The Prevention of Electronic Crimes Act (PECA) exemplifies this tension. This study critically evaluates Pakistan’s regulatory approach, assessing its effectiveness and alignment with international human rights standards. Through qualitative analysis of PECA’s provisions and case studies, findings highlight key concerns: ambiguous legal definitions and politically motivated enforcement. Case studies illustrate how disinformation affects public trust and democratic engagement. Despite the challenges posed by disinformation, a practical framework must protect fundamental rights while addressing online harms. Recommendations include refining PECA’s provisions, introducing robust procedural safeguards, and promoting digital literacy programs to empower citizens to counter misinformation. A multi-stakeholder approach involving government, civil society, and technology platforms is essential for fostering a more accountable digital environment in Pakistan. Striking a balance between regulation and free speech is crucial for preserving democracy and public trust. REFERENCES: Alibašić, H. (2024). The Post-Factual Polity: Ethical, Governance, Administrative, and Policy Crises in the Disinformation Era. IAP. AZAM, M. (2021). Pakistan's International Law Obligations and Curtailment of Freedom of Expression: Balancing Legitimate Competing Interests or a Case of Violation?. PLR, 12, 37. Butt, M. N., Riaz, M., & Rabbani, A. W. (2023). Countering Fake News in Pakistan: Challenges Faced by Newsrooms and R…
subject: Articles
  topic: section
subject: Disinformation; Human rights; Freedom of expression; Freedom of information; Prevention of Electronic Crimes Act (PECA)
  topic: keywords
creator: Hamza Iftikhar
creator: Umelaila Shah
creator: Uzair Hashmi
creator: Inayatullah .
creator: Sanaullah Khan
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 537
ending page: 560
doi: 10.15408/jch.v13i2.47165

Legal Regulations on Professional Liability Insurance for Non-Material Damages: Lessons for Vietnam from China
type: item
description: Professional liability insurance is essential for protecting professionals and organizations against financial losses resulting from negligence or errors in their services. Despite its importance, the legal framework governing professional liability insurance for non-material damages, such as reputational, prestige, or mental health harm, remains underdeveloped in Vietnam. This paper analyzed and compared the legal regulations surrounding professional liability insurance for non-material damages in China and Vietnam. It identified key lessons that Vietnam could adopt to enhance its legal framework. Existing legal texts, scholarly articles, and case law from both countries were examined. The findings revealed that, while China has established a more robust regulatory framework to address non-material damages, Vietnam's current legal provisions are fragmented and lack clarity. The analysis highlights aspects of China's approach, including comprehensive definitions and more evident liability standards, which could significantly benefit Vietnam's legal system. The significance of this study lies in its potential to inform policymakers and legal practitioners in Vietnam about effective regulatory practices in professional liability insurance. By drawing insights from China's experience, Vietnam can develop a more coherent and effective legal framework that protects professionals and enhances consumer trust in professional services. This research contributes to the ongoing discourse on legal reform in Vietnam, particularly in emerging areas of professional liability law. REFERENCES: Anh, N. T. B. (2020). Medical malpractice liability insurance: Comparison of Vietnam to some European countries. Can Tho University Journal of Science, 12(3), 73–79. Aven, T. (2019). The cautionary principle in risk management: Foundation and practical use. Reliability Engineering & System Safety, 191, 106585. https://doi.org/10.1016/j.ress.2019.106585 Bucheton, D., & Cominh, D. (1995). The de…
subject: Articles
  topic: section
subject: Professional Liability Insurance; Financial Losses; Negligence; Non-Material Damages; Policymakers
  topic: keywords
creator: Nguyen Thi Bao Anh
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 495
ending page: 514
doi: 10.15408/jch.v13i2.47160

The Institution of Legal Liability in the Digital Age: International Legal Standards, Administrative, Financial and Criminal Aspects
type: item
description: The article reveals the issue of legal responsibility within the context of digitalization in society. It is indicated that legal obligation, as a tool for coercion and the restoration of law and order, has always depended on the form of social relations. Today, digitalization has given rise not only to new objects of legal protection (personal data, digital assets, information security), but also to new subjects, such as platforms, algorithms, and autonomous systems. It is stated that the formation of the digital state leads to the transformation of traditional forms of public law responsibility, primarily administrative. In the digital age, not only is the form of offenses changing, but also how they are committed, recorded, detected, and proven. Administrative liability is becoming a tool for rapid response to mass violations in the fields of e-governance, personal data processing, cybersecurity, digital platform use, artificial intelligence, and telecommunication services. It is concluded that, accordingly, the institution of legal responsibility in the digital age is a system of prevention, regulation, self-control, and international cooperation. It must be adaptive, technologically literate, and human rights. The quality of legal mechanisms in the digital sphere determines whether the rule of law will remain effective in the context of digital transformation. REFERENCES: A Digital Agenda for Europe: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Brussels, 19.5.2010, COM (2010) 245 final. http://eurlex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:52010DC0245R (01)&from=EN Additional Protocol to the Convention on Cybercrime on the criminalization of acts of a racist and xenophobic nature committed through computer systems: Council of Europe; Protocol, International Document of 28.01.2003 https://zakon.rada.gov.ua/laws/show/994_687#Text Association Agreement …
subject: Articles
  topic: section
subject: Digitalization; Digital Rights; Legal Responsibility; Administrative Responsibility; Financial Monitoring; Criminal Liability; International Legal Standards
  topic: keywords
creator: Yuliia Volkova
creator: Yuliia Leheza
creator: Volodymyr Pavlov
creator: Ganna Goncharenko
creator: Andrii Blahodarnyi
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 431
ending page: 450
doi: 10.15408/jch.v13i2.47113

Legal Regulation of the Principles of State Activity in Family Relations
type: item
description: This work examines some challenges in the application of the principles of family law. It is found that the principles of family law cannot replace the legal norms that regulate family relations. However, the regulatory influence of family law norms is determined and limited by its principles. It is proven that the principles of family law can be applied by authorized law-making bodies (in the process of law-making), administrative, judicial bodies, and subjects of family relations (in the process of law enforcement). It is established that the legality of the actions of public institutions and private individuals directly depends on compliance with the principles of family law. It is substantiated that the principles of family law are implemented in the process of law-making, implemented through the norms of law, and in the process of direct application. In the process of law-making, the principles of family law establish requirements for law-making activity that cannot contradict general values. They determine the content of legal norms that must reflect these values and serve as a criterion for the conformity of family law norms with the law. It has been established that the application of family law principles is possible by embedding them in family law norms. At the same time, the principles of family law are not limited to the list that can be fixed in written law. It has been proven that consolidating family law principles in written law contributes to their practical implementation. The features of applying family law principles through legal analogy have been studied. It has been established that the analogy guarantees participants in family relations that their rights and obligations will be regulated, allowing them to resolve cases within the framework of family legislation or based on the principles of family law. REFERENCES: Decision of the Tyachiv District Court of the Transcarpathian region dated May 15, 2019, in case No. 307/1041/19. http://www.reyes…
subject: Articles
  topic: section
subject: Relations; Principles; Family Law, Analogy of Law; Legal Regulation; Judicial Practice
  topic: keywords
creator: Larysa Nalyvaiko
creator: Nataliia Obushenko
creator: Vladyslav Boikov
creator: Natalia Hryshyna
creator: Liliia Makhova
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 397
ending page: 408
doi: 10.15408/jch.v13i2.47108

Information Support of Procedural Activities to Prove Moral Damage in Pre-Trial Proceedings
type: item
description: This article explores the procedure for establishing the facts of moral harm resulting from criminally punishable acts during pre-trial criminal proceedings. The study employs a qualitative research method with a normative-juridical and descriptive-analytical approach, drawing upon legal documents, statutory provisions, and expert opinions to analyze how investigators and inquiry officers handle moral damage claims. Through qualitative content analysis of case files, legal frameworks, and interview data with practitioners, the study identifies procedural gaps and best practices in ensuring justice for victims. It has been demonstrated that investigators and inquiry officers must clearly explain the victim’s right to file a civil claim, take appropriate measures to secure compensation, and provide guidance on evidence collection. The article also analyzes criteria for assessing moral damage, emphasizing the importance of documenting both the psychological and emotional consequences of criminal acts. The findings affirm the necessity of mandatory documentary proof to substantiate claims of moral harm. Moreover, the proactive role of investigators in gathering and attaching supporting documents to case files is essential, as it establishes the legal basis for courts to award fair monetary compensation proportional to the moral suffering endured by victims. REFERENCES: Burdov v. the Russian Federation (No. 2) (complaint No. 33509/04): Ruling of the European Court of Human Rights, Strasbourg, January 15, 2009. (2009). In O. A. Sadovskaya, & A. I. Ryzhov (Comp.), Case law of the European Court of Human Rights in relation to Russia: Collection of selected decisions and decisions of the ECHR for Russian judges: in 2 vols. Vol. 2. Nizhny Novgorod: Komitet protiv pytok. Chechel, G. I. (2013). Preduprezhdeniye prestupleniy – osnova zashchity interesov obshchestva [Prevention of crimes is the basis of society's interests’ defense]. Society and Law. No. 3(45), 176-180. Erofeev, …
subject: Articles
  topic: section
subject: Preliminary Investigation; Compensation; Investigator; Interrogator; Victim
  topic: keywords
creator: Dmitriy Ivanov
creator: Nikolay Pcholovsky
creator: Alexey Makeev
creator: Vitaliy Vasyukov
creator: Anna Skachko
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 383
ending page: 396
doi: 10.15408/jch.v13i2.47105

Judicial Activism In Criminal Prison Sentences Below The Minimum Sentence In Narcotics Cases From A Criminal Accountability Perspective
type: item
description: The decision to sentence below the special minimum that has been determined by law a priori is a denial of the principle of legality. However, in the paradigm of Judicial Activism, it can be justified as long as it meets the principles or principles of applicable criminal law, follows the development of community law and in the context of protecting the basic rights of the Defendant from the arbitrariness of law enforcement. Therefore, the author wants to test the extent to which the practice of Judicial Activism can be carried out by judges in sentencing decisions below the special minimum. In this paper, the author wants to test it by reinterpreting the principle of legality in the function of regulating criminal law, the concept of criminal responsibility and viewing it futuristically through the application of the National Criminal Code. The research method in this paper is normative with a statutory and conceptual approach. Two things are concluded, First, Judicial Activism can be applied within the framework of the principle of legality which means that the judge corrects the prosecution process by the Public Prosecutor in the criminal justice system and is based on the balance of the subjective state of the Defendant when committing a crime, so that the decision can be made below the special minimum. Second, the guidelines and limitations of judges in carrying out Judicial Activism are to consider the concept of the Defendant's criminal responsibility in the trial, the limits of which can be guided by the National Criminal Code, especially in relation to the Sentencing Guidelines.
subject: Articles
  topic: section
subject: Judicial Activism
  topic: keywords
subject: Criminal Decision
  topic: keywords
subject: Criminal Liability
  topic: keywords
subject: Narcotic Crimes
  topic: keywords
creator: Raenes Wadi
creator: Prija Djatmika
creator: Milda Istiqomah
rights: Copyright (c) 2025 Raenes Wadi, Prija Djatmika, Milda Istiqomah https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 619
ending page: 640
doi: 10.15408/jch.v13i2.47061

Interpretation of Legal Norms in Modern Jurisprudence: Theoretical and Practical Aspects of Human Rights Protection Under Martial Law
type: item
description: The purpose of the research is to consider ways for the interpretation of legal norms in modern jurisprudence. Main content. It has been established that interpretation will result in a general conclusion or a sum of the findings reached by the subject of interpretation in the process of clarifying the rule of law (legal norms) using the entire set of interpretation methods, which is adequate to the actual content of this rule and meets the criteria of truth and correctness of the result of interpretation... Methodology: The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, as well as methods of analysis and synthesis. Conclusions. It has been concluded that the procedure for achieving the goal of interpretation should be as follows: grammatical interpretation, teleological interpretation - clarification of compliance of the essence of legal norm content with the principles of law, systematic interpretation, special legal interpretation, logical interpretation, functional interpretation, historical interpretation - repeated application of the interpretation procedure when receiving new data. REFERENCES: Antoshkina, Valeriia Kostiantynivna. 2011. Reasons for the interpretation of civil law norms: Actual problems of civil law: the materials of the "round table" are dedicated. in memory of Prof. Genghis Khan by Nufatovych Asimov. National Law Academy of Ukraine named after Yaroslav the Wise. Right. Kharkiv. Ukraine. BEZPALOVA, Olha. YUNINA, Maryna. KOROHOD, Svitlana. REZVOROVICH, Kristina. OHANISIAN, Tsahik. 2021. Legal regulation of entrepreneurial activity in the national security system. Entrepreneurship and Sustainability Issues, 8(3), 340-355. DOI:10.9770/jesi.2021.8.3(22) Halaburda, Nadiia. Leheza, Yevhen, Chalavan, Viktor. Yefimov, Volodymyr. Yefimova, Inna. 2021. Compliance with the principle of the rule of law in guarantees of ensuring the legality of …
subject: Articles
  topic: section
subject: Ways for Interpretation of Legal Norms; The Purpose of Interpretation; Legal Understanding; Criminal Liability; Types of Legal Understanding
  topic: keywords
creator: Yaroslav Sydorov
creator: Vasyl Yurchenko
creator: Nataliia Kantor
creator: Tetiana Chekhovych
creator: Anatolii Dietochka
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 371
ending page: 382
doi: 10.15408/jch.v13i2.47013

Raising the Level of Legal Culture in Society: Regulatory Framework for Academic Integrity
type: item
description: This article aims to analyze academic integrity both as a legal category and as an indicator of legal culture, highlighting its essential role in shaping the quality and morality of higher education. It argues that the implementation and internalization of academic integrity must be prioritized by all actors within the educational system to ensure the sustainable development of the Russian scientific and academic environment. Violations of academic integrity—such as plagiarism, data falsification, or dishonest assessment practices—pose significant risks to the educational process, leading to diminished public trust, intellectual decline, and the normalization of deviant academic behavior. To achieve its objectives, the study employs a qualitative research methodology, using a normative and socio-legal approach. Data are collected through documentary analysis of Russian legislative frameworks, academic codes of conduct, and relevant legal documents regulating education. In addition, in-depth interviews with legal scholars and education policy experts provide interpretative insights into the relationship between law, ethics, and academic practice. The qualitative analysis allows the study to explore not only the normative aspects of academic integrity but also the underlying cultural and institutional factors affecting its enforcement. The findings reveal that the absence of a precise legal definition of academic integrity hinders consistent interpretation and enforcement. Thus, effective regulation should be grounded in well-formulated legislative provisions aligned with international legal drafting standards. Ultimately, the article identifies the key features of academic integrity as a legal category and underscores its pivotal function as both the moral foundation and legal instrument for advancing education quality and social development. REFERENCES: Abdullayev, I., Akhmetshin, E., Nayanov, E., Otcheskiy, I., & Lyubanenko, A. (2024). Possibilities of using online…
subject: Articles
  topic: section
subject: Higher Education; Academic Culture; Students; Institutions; Academic Integrity Violations
  topic: keywords
creator: Svetlana Sergeeva
creator: Irina Gladilina
creator: Natalia Bulochnikova
creator: Gennady Degtev
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 355
ending page: 370
doi: 10.15408/jch.v13i2.47003

International Courts and Their Contribution to Justice in the Context of the War in Ukraine
type: item
description: Ensuring justice during the ongoing war in Ukraine represents one of the most pressing challenges for contemporary international law. This study examines the pivotal role of international judicial institutions—particularly the International Criminal Court (ICC), the European Court of Human Rights (ECHR), and various ad hoc tribunals—in enforcing accountability for war crimes, upholding human rights, and preserving the rule of law amid armed conflict. Using a qualitative research method, the study relies on comparative analysis as well as historical and legal approaches to understand how these institutions function within complex geopolitical contexts. Through qualitative data collection and interpretive analysis of court decisions, international conventions, and reports from global organizations, the research identifies structural and procedural challenges faced by international courts, including political interference, difficulties in gathering evidence, and limited coordination with domestic jurisdictions. Moreover, the study explores the role of international cooperation and judicial precedents in building a more consistent and enforceable global justice system. The findings suggest that while international courts play a critical role in prosecuting war crimes and deterring future violations, their effectiveness is often constrained by issues of state sovereignty and the lack of uniform enforcement mechanisms. Therefore, the paper argues for a strategic consolidation between international and national legal systems to ensure that justice is not only pursued but also realized in practice. Ultimately, this research contributes to the broader discourse on strengthening international criminal justice in the era of hybrid conflicts and global political polarization.
subject: Articles
  topic: section
subject: International courts; War in Ukraine; War crimes; Human rights; International law; International Criminal Court; European Court of Human Rights; Responsibility; Justice; Special Legal Regime
  topic: keywords
creator: Iurii Rega
creator: Anastasiia Mernyk
creator: Oksana Adamovych
creator: Olha Melnychuk
creator: Dmytro Chobotar
rights: Copyright (c) 2025 Iurii Rega, Anastasiia Mernyk, Oksana Adamovych, Olha Melnychuk, Dmytro Chobotar https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 589
ending page: 604
doi: 10.15408/jch.v13i2.46339

The Place of Financial Administrative Sanctions in the System of Public Liability
type: item
description: The article is devoted to clarifying the place of financial administrative sanctions among other sanctions in public law which constitute a single ‘right of responsibility’. Financial administrative sanctions are a widespread phenomenon, as they allow the states to respond promptly to violations of public order, while increasing budget revenues. The purpose of the article is to find out whether there is a single ‘right of liability’ and what exactly it includes; to establish how certain types of public law liability are distinguished from each other, in particular, to characterise the difference between financial administrative sanctions and criminal law sanctions; and to find out the extent to which criminal law guarantees are extended to the system of financial administrative sanctions. The article provides a rationale for the existence of a single ‘right of liability’, which is divided into two branches based on the criterion of the subject of liability - criminal liability and administrative sanctions. The authors compare financial administrative sanctions and criminal sanctions by the subject and substantive criteria. The authors substantiate the view that criminal law guarantees should be applied when imposing financial administrative sanctions on a person. The study is based on the current state of legal doctrine, and therefore the article is of a theoretical nature. The results of the study make it possible to determine the true legal nature of financial administrative sanctions and can be used to develop concepts of legislative acts, as well as in law enforcement. REFERENCES: Calderón, C.R., Bórquez, J.C.F., Ortiz, P.M. (2021) La reconfiguración teórica de la potestad sancionadora de la Administración Pública: Del tradicional ius puniendi único estatal a la función responsiva [The theoretical reconfiguration of the sanctioning power of the Public Administration: From the traditional state ius puniendi to the responsive function]. Revista de Derecho Administ…
subject: Articles
  topic: section
subject:
  topic: keywords
  value: Administrative Sanction; Criminal Law Guarantees; Financial Responsibility; Gravity of an Offence; Procedure for Applying a Sanction; Public Law Responsibility; Right of Responsibility; Severity of a Sanction
creator: Tetiana Kolomoiets
creator: Serhii Kushnir
creator: Daria Yevtushenko
creator: Ivan Shumeiko
creator: Svitlana Frankovska
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-18
publication date: 2025-10-18
starting page: 339
ending page: 354
doi: 10.15408/jch.v13i2.46994

Proposing Some Solutions to Improve Policies and Laws on Land Use Rights of Overseas Vietnamese
type: item
description: The overseas Vietnamese community constitutes an important resource for the nation’s development, in which economic contributions represent one of the most traditional and widespread forms of engagement. The substantial flow of remittances sent by overseas Vietnamese has significantly contributed to Vietnam’s socio-economic development by supporting and stimulating domestic production and business activities. Given the notable benefits derived from the expansion of land use rights for overseas Vietnamese, this reform can be regarded as a major advancement of the 2024 Land Law in attracting foreign investment to Vietnam. The expansion provides more favorable conditions for overseas Vietnamese to invest in their homeland’s real estate market while fostering linkages and investment cooperation between them and foreign-invested enterprises. Such collaboration is expected to promote joint business initiatives, strengthen the private sector, and accelerate the growth of innovative start-up enterprises. Furthermore, the attraction of foreign investment serves as a vital bridge for economic integration, facilitating the connection of the domestic economy with global production and business networks. Through this process, Vietnam not only gains access to advanced scientific and technological innovations, modern management practices, and global value chains but also broadens its market reach—creating opportunities for domestic products, goods, and services to enter the global market and affirm their position in the international arena.
subject: Articles
  topic: section
subject: Overseas Vietnamese
  topic: keywords
subject: policy
  topic: keywords
subject: law
  topic: keywords
subject: land
  topic: keywords
creator: Doan Hong Nhung
creator: Hoang Truong Giang
creator: Nguyen Vinh Hung
rights: Copyright (c) 2025 Doan Hong Nhung, Hoang Truong Giang, Nguyen Vinh Hung https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.46944

The International Human Rights Standard and Pakistan’s Obligations regarding Wrongful Conviction: A Comparative Doctrinal Analysis with the United Kingdom
type: item
description: Failures within the criminal justice system can result in wrongful convictions, leading to a loss of human rights. Additionally, wrongful convictions can erode trust in the system as a whole. This article examines the disparate human rights standards around the world as they relate to wrongful convictions, focusing on Pakistan and the expectations for Pakistan’s position in the global community on the issue. This article also examines the comparative and doctrinal position of the UK, aiming to identify the strengths and weaknesses of Pakistan's position. This takes into account the central instruments of human rights —the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights —as well as the domestic case law and statutes of both the UK and Pakistan. In Pakistan, all the agreements on fair trial and remedies under the ICCPR guarantee fair trial rights. Still, there have also been domestic legislative omissions, such as the lack of a law to compensate the wrongfully imprisoned. The UK, on the other hand, has a more systematic approach, particularly in the office of the Criminal Justice Act 1988. In light of this, Pakistan needs a domestic law that addresses the human rights standards at its disposal to deliver justice to the wrongfully convicted.
subject: Articles
  topic: section
subject: wrongful Conviction
  topic: keywords
subject: Criminal Justice
  topic: keywords
subject: Pakistan
  topic: keywords
subject: United Kingdom
  topic: keywords
subject: Compensation
  topic: keywords
creator: Naseem Jan
creator: Ramalinggam Rajamanickam
creator: Mohd Zamre Mohd Zahir
rights: Copyright (c) 2025 Naseem Jan, Ramalinggam Rajamanickam, Mohd Zamre Mohd Zahir https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 641
ending page: 652
doi: 10.15408/jch.v13i2.46942

Legal Reconstruction of Employee Shareholder Protection through ESOP Program from Termination of Employment
type: item
description: Article 43, paragraph 3 of Law Number 40 of 2007 concerning Limited Liability Companies allows an employee to become a shareholder of the company through the ESOP (Employee Stock Option Program). In practice, an ESOP by companies is stated in a stock option agreement that outlines the rights and obligations of employees concerning the stock options. The position of employees will certainly not be exempt from the HR management policies carried out by the company, including the Termination of Employment policy. Compensation as an employee's right when Termination of Employment occurs is Severance Pay, Long Service Award Pay, Replacement of Rights, and Separation Pay if entitled only to Separation Pay. This study aims to examine and find forms of legal protection and find weaknesses in legal protection for employee shareholders (ESOP) when laid off, and to find efforts to reconstruct legal protection for employee shareholders (ESOP) when laid off. This research is normative juridical. Using secondary data as the primary source, the research was conducted through document studies via library research, employing both statistical and conceptual approaches. The results of this study are: first, that the legal provisions regarding layoffs of employees who are also shareholders of the company through ESOPs in Government Regulation Number 35 of 2021 concerning Fixed-Term Employment Agreements, Outsourcing, Working Hours and Rest Periods, and Termination of Employment have not been able to provide maximum legal protection for the rights of employees who are also shareholders. The current reality is that when ESOP employees are laid off, the company only relies on their employee status, the reason for the layoff, and the rights clearly stated in the legislation. Second, the research findings indicate that the reconstitution of Article 40 paragraph 4 letter (c) of Government Regulation 35 of 2021 aims to provide certainty and legal protection for ESOP employees in the event of l…
subject: Articles
  topic: section
subject: ESOP Employees; Legal Protection; Layoffs
  topic: keywords
creator: Suyono Musimin
creator: Agung Iriantoro
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0
date: 2025-03-31
publication date: 2025-03-31
starting page: 307
ending page: 322
doi: 10.15408/jch.v13i1.46886

The Legislation of the Notary System and Electronic Data Evidence in Different Countries
type: item
description: As digital applications continue to expand across various fields, the importance of reliable electronic data evidence and an efficient notary system has become even more prominent. The improper handling of electronic data not only affects the fairness of judicial proceedings but also poses threats to the legitimate rights and interests of individuals and organizations. This paper analyzes the characteristics of notarial system in different countries through comparative research method, elaborates in detail the situation of EU and China in electronic data evidence legislation, and carries out a comparative analysis of the similarities and differences between the Chinese and European legislation. It is found that the notarization system of civil law countries is characterized by strong state intervention, high authority of notarial acts, and wide scope of application; while the notarization system of common law countries is relatively flexible, with simple procedures but limited authority. EU legislation on electronic data evidence is centered on the General Data Protection Regulation (GDPR), which is detailed and has strong extraterritorial effect in protecting personal data rights. China has actively constructed a legal framework for electronic data evidence, focusing on combining it with national development strategies and reflecting Chinese characteristics while safeguarding data security and privacy. Based on this, the article puts forward suggestions in terms of technological upgrading, legislative optimization, professional development of personnel and international cooperation, with the aim of promoting the development of the notary system in the era of electronic data, and facilitating the effective use and protection of electronic data evidence.
subject: Articles
  topic: section
subject: Notarial System
  topic: keywords
subject: Electronic Data Evidence
  topic: keywords
subject: Legislative Comparison
  topic: keywords
subject: Challenges
  topic: keywords
subject: Digital Age
  topic: keywords
creator: Cao Zhaoxun
creator: Ramalinggam Rajamanickam
creator: Nur Khalidah Dahlan
creator: Min Bingyuan
creator: Rajini Kumar Sreedharam
rights: Copyright (c) 2025 Cao Zhaoxun, Ramalinggam Rajamanickam, Nur Khalidah Dahlan, Min Bingyuan, Rajini Kumar Sreedharam https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.46860

Online Privacy and Personal Data Protection: An Islamic Law Perspective
type: item
description: This article explores the intricate intersection of online privacy and personal data protection through the lens of Islamic law, shedding light on the ethical considerations that govern digital transactions. Grounded in Qur’anic principles, Sunnah, and classical Islamic jurisprudence, this study examines how Shari’ah law provides a comprehensive ethical framework for navigating the digital landscape while upholding timeless Islamic values. Key principles such as Ghibah (gossip and backbiting), Amanah (trustworthiness), and Sitr (respect for privacy) are analyzed to highlight their significance in regulating online interactions and data protection. Employing a doctrinal legal method and an inductive approach, the article explores online privacy from an Islamic perspective. It incorporates Qiyas (analogical reasoning) to address emerging challenges posed by rapid technological advancements. The study finds that the commitment to Amanah underscores the responsibility of individuals, organizations, and governments in safeguarding personal information. It emphasizes ethical considerations in the collection, processing, and usage of data, aligning digital practices with Islamic moral obligations. Moreover, the dynamic nature of Ijtihad (independent legal reasoning) allows Islamic jurisprudence to adapt to contemporary digital issues while preserving its foundational ethical principles. By synthesizing Islamic teachings with digital ethics, this article offers a robust framework for addressing modern privacy concerns. It contributes to the discourse on the harmonious coexistence of technological innovations and Islamic values, providing insights into how Shari’ah law can guide ethical digital conduct. Ultimately, this study reinforces the relevance of Islamic legal principles in shaping responsible and morally sound digital practices.
subject: Articles
  topic: section
subject: Online Privacy
  topic: keywords
subject: Personal Data Protection
  topic: keywords
subject: Islamic Principles
  topic: keywords
subject: GDPR
  topic: keywords
subject: CCPA
  topic: keywords
creator: Bareq Muntadher Abdul Wahab
creator: Safinaz Mohd Hussein
creator: Ramalinggam Rajamanickam
rights: Copyright (c) 2025 Bareq Muntadher Abdul Wahab, Safinaz Mohd Hussein, Ramalinggam Rajamanickam https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.46859

Reforming Ukraine’s Legal System in the Context of Sustainable Development: Challenges and Prospects
type: item
description: The article aims to analyse the status of reforming the legal system of Ukraine and identify the main challenges and prospects for sustainable development. To achieve this goal, the author used a descriptive research methodology, particularly the PRISMA approach, which included a search for relevant scientific literature (2018-2024) and legislative acts. The study formed four inclusion criteria based on relevance, content, geographical focus, and timeframe. In total, 52 items of scientific materials were analysed. The study results show that Ukraine's legal system has made some progress in aligning with the principles of sustainable development, especially in environmental protection. At the same time, key challenges remain, such as corruption, insufficient harmonisation with international standards, lack of systematic understanding of environmental legislation, and the effects of the financial crisis and Russian aggression. The recommendations include harmonising legislation with EU standards, strengthening the environmental component, focusing on socially oriented legal reforms, ensuring economic justice, and digitalising judicial and law enforcement processes. The study confirms that adherence to Ukraine's European integration course and implementing environmental and social principles can strengthen the legal framework for sustainable development.
subject: Articles
  topic: section
subject: Reforming the Legal System
  topic: keywords
subject: Sustainable Development
  topic: keywords
subject: Harmonisation of Legislation
  topic: keywords
subject: Anti-Corruption Measures
  topic: keywords
subject: Digitalisation of the Judicial System
  topic: keywords
subject: International Standards
  topic: keywords
subject: Principles of Law
  topic: keywords
creator: Nadiia Demchyk
creator: Volodymyr Kroitor
creator: Petro Korniienko
creator: Olha-Mariia Alimenko
creator: Iryna Bryiovska
rights: Copyright (c) 2025 Nadiia Demchyk, Volodymyr Kroitor, Petro Korniienko, Olha-Mariia Alimenko, Iryna Bryiovska https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.46858

Legal Basis of Cross-Border Criminal Prosecution of Cybercriminals: Criminal and Procedural Challenges for Azerbaijan
type: item
description: The impact of modern digital technologies is essential for understanding the need to improve the law enforcement system. The purpose of this article is to examine the legal basis for cross-border criminal prosecution of cybercrime in Azerbaijan, identify key criminal law and procedural challenges, and develop recommendations to improve national legislation and strengthen international cooperation. The study is based on an analysis of Azerbaijan's criminal and criminal procedure legislation in the field of cross-border prosecution of cybercrimes. Normative and comparative legal analysis methods, along with systematization, were employed to identify gaps and formulate recommendations. The results show that the Criminal Code of Azerbaijan contains references to the illegality of unauthorized access to computer information, illegal actions related to the exploitation of computer networks, and the distribution of malicious software. There is no separate article on computer fraud, so clear standards for collecting electronic evidence are not specified, indicating significant gaps in the national legal framework. The main challenges in cross-border prosecution of cybercrimes include the limited scope of bilateral extradition agreements, difficulties in cooperating with countries with different legal systems, and bureaucratic obstacles to the exchange of digital evidence. The conclusions highlight recommendations that would improve the regulatory framework. First and foremost, they point to the need to implement regulations on computer fraud and clear rules for the use of electronic evidence, expand international cooperation, and implement the provisions of international conventions to which Azerbaijan is a party.
subject: Articles
  topic: section
subject: cybercrime
  topic: keywords
subject: cross-border prosecution
  topic: keywords
subject: electronic evidence
  topic: keywords
subject: international cooperation
  topic: keywords
subject: criminal law of Azerbaijan
  topic: keywords
creator: Shohlet Muzaffar Karimov
creator: Rashad Mammad Sharifov
creator: Akif Maharlam Eyvazov
rights: Copyright (c) 2025 Shohlet Muzaffar Karimov, Rashad Mammad Sharifov, Akif Maharlam Eyvazov https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 605
ending page: 618
doi: 10.15408/jch.v13i2.46857

Ai In Big Data in Criminal Investigation: Procedural Safeguards and Human Rights Risks
type: item
description: The purpose of the study is to develop recommendations for improving procedural safeguards when using AI and big data in criminal investigations in Azerbaijan, considering the existing safeguards and risks that exist in the Azerbaijani legal system. This normative-legal study examines national and international laws pertaining to artificial intelligence in criminal justice using comparative and black-letter legal techniques. Due to the dearth of local research, it synthesizes scholarly material and adapts international approaches to the Azerbaijani setting. In results It has been demonstrated that the application of AI influences the development of human rights hazards, including the denial of access to algorithms, the possibility of discrimination, and the restriction of appeal procedures. The establishment of unique control and supervision mechanisms for the use of AI, as well as compatibility with international norms, are necessary due to the notable gaps in Azerbaijani legislation. Therefore, to enhance procedural guarantees in Azerbaijan, it is suggested that: establish and approve ethical standards for the use of AI in criminal proceedings; codify the rights of parties to transparency in algorithmic decisions and access to information about how AI works; and introduce legislative norms governing appeal procedures for AI-based decisions. In conclusion it is shown that a significant prospective direction is the study of the interaction between technological innovations and legal institutions to shape modern regulatory frameworks.
subject: Articles
  topic: section
subject: Artificial intelligence
  topic: keywords
subject: Criminal proceedings
  topic: keywords
subject: Big data
  topic: keywords
subject: Appeal mechanisms
  topic: keywords
subject: Azerbaijan
  topic: keywords
creator: Matanat Pasha Asgarova
rights: Copyright (c) 2025 Matanat Pasha Asgarova https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.46856

People with intellectual disabilities and crime: changes in terminology, attitudes and interventions in the Czech context
type: item
description: Supporting people with intellectual disabilities in the field of crime prevention and re-socialisation after imprisonment is a key challenge for contemporary society. It is essential not only to strengthen existing programmes but also to create an inclusive environment that enables these people to participate fully in society. The joint efforts of professionals, families and the general public can contribute to enabling people with intellectual disabilities to become equal members of our society. This expert article focuses on the understudied issue of persons with mental disabilities who commit crimes and serve prison sentences in the Czech prison system. The aim of the text is to draw attention to changes in terminology, social attitudes and professional approaches when working with this target group. The article emphasises the rights of people with mental disabilities, the need to support their self-determination and responsibility, as well as the prevention of criminal behaviour and appropriate resocialisation after serving a sentence. The paper includes an analysis of current interventions and recommendations for practice.
subject: Articles
  topic: section
subject: individual rights
  topic: keywords
subject: intellectual disability
  topic: keywords
subject: prevention
  topic: keywords
subject: prison systém
  topic: keywords
subject: resocialisation
  topic: keywords
subject: support
  topic: keywords
creator: Lukáš Stárek
rights: Copyright (c) 2025 Lukáš Stárek https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.46855

Custom in Insurance Law: A Doctrinal and Applied Analysis of Usage as a Source of Legal Norms
type: item
description: Custom has long served as an implicit yet powerful source of legal norms, particularly in fields characterized by technical complexity and rapid evolution. This article examines insurance custom—the unwritten practices consistently adopted by insurance market participants—as a source of legal authority in insurance contracts. While insurance regulation is increasingly comprehensive, it cannot anticipate every contingency or dispute, leaving gaps often filled by industry usage. Drawing on doctrinal legal theory and applied analysis, this study consolidates scattered jurisprudential principles and industry practices to clarify the concept, emergence, authority, types, and conditions of insurance custom. It distinguishes verbal custom (customary terminology) from practical custom (customary conduct), and analyzes their legal functions as mandatory, interpretive, and supplementary norms in contract adjudication. The article also explores judicial reliance on custom to interpret ambiguous policy terms, enforce implied obligations, or reject claims that contradict established usage. The findings highlight the dual nature of insurance custom as both a stabilizing force and a potential source of uncertainty. It argues for structured mechanisms to document, evaluate, and integrate custom into insurance adjudication, ensuring both legal predictability and responsiveness to evolving industry practices.
subject: Articles
  topic: section
subject: Custom usage
  topic: keywords
subject: Insurance law
  topic: keywords
subject: Legal theory
  topic: keywords
subject: Risk regulation
  topic: keywords
subject: Socio-legal studies
  topic: keywords
subject: Contract interpretation
  topic: keywords
creator: Abdullah bin Abdulrahman Al-Bader
rights: Copyright (c) 2025 Abdullah bin Abdulrahman Al-Bader https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.46854

Practice of the european court of human rights as a factor in the development of private law
type: item
description: The article examines the case law of the European Court of Human Rights (hereinafter referred to as the ECHR) as an important factor in the development of private law in the national legal systems of the member states of the Council of Europe. Particular attention is paid to the analysis of the decisions of the ECHR, which have a systemic impact on the improvement of legal mechanisms for the protection of rights in the field of private law relations. The expediency of using the construction “case law of the European Court of Human Rights”, which has already been implemented in legislation of Ukraine (Civil Procedure Code, Commercial Procedure Code, Code of Administrative Procedure, Law of Ukraine “On the Execution of Decisions and Application of the Practice of the European Court of Human Rights”) is substantiated, which emphasizes the normative legitimacy of such an approach. Changing the focus from “civil law” to the broader concept of “private law” allows expanding specialization, also covering aspects of economic, family and other related areas. The paper highlights the key areas of influence of the ECHR practice on law enforcement in matters of property rights protection, access to justice, fair trial and effective enforcement of court decisions. It also examines the problems of implementing ECHR decisions into the legal practice of Ukraine, conflicts between national and international law, as well as the role of the Court in forming a balance between public and private interests. In conclusion, the importance of the ECHR practice as a factor in the evolution of the doctrine of private law and the unification of European standards of human rights protection is emphasized.
subject: Articles
  topic: section
subject: European Court of Human Rights
  topic: keywords
subject: Case law
  topic: keywords
subject: Private law
  topic: keywords
subject: Property right
  topic: keywords
subject: Access to justice
  topic: keywords
subject: Convention for the Protection of Human Rights
  topic: keywords
subject: Implementation of ECHR decisions
  topic: keywords
subject: Compliance with principles
  topic: keywords
subject: Principle of the best interests of the child
  topic: keywords
subject: simplified court procedures
  topic: keywords
creator: Andrii Petrovskyi
creator: Larysa Neskorodzhena
creator: Vitalii Kucher
creator: Iryna Borovska
creator: Volodymyr Bondar
rights: Copyright (c) 2025 Andrii Petrovskyi, Larysa Neskorodzhena, Vitalii Kucher, Iryna Borovska, Volodymyr Bondar https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.46853

Artificial Intelligence’s Application In Journalistic Practice In Terms Of Digital Transformation
type: item
description: The article examines the problems of regulatory and legal support for the use of artificial intelligence technologies in journalism in Ukraine in the context of modern digital transformations. Utilising interdisciplinary and comparative legal analysis, the legal nature of AI as an object of regulation is examined, the state of national legislation in the media sphere is characterised, and gaps in the regulatory framework for the use of AI in journalism are identified. This study places particular emphasis on the analysis of two significant documents: the EU Regulation No. 2024/1689, also known as the “Artificial Intelligence Act”, and the European Parliament Resolution on AI in the audiovisual sector. These documents are of particular significance as they serve to enshrine the principles of transparency, non-discrimination, ethical use of algorithms and protection of freedom of expression. The implementation of the relevant provisions of the Acquis Communautaire into Ukrainian national legislation is justified by the aim of ensuring information security, freedom of speech and European integration. The analysis yielded a proposed model of regulatory harmonisation, which entails the incorporation of specific AI regulations within the Ukrainian legislation entitled “On Media” and “On Information”. Additionally, the model calls for the formulation of a code of ethics for the utilisation of AI in journalism. The results of the study are of practical importance for updating the legal framework in the context of digital challenges and contribute to the formation of a theoretical and methodological basis for further research on the interaction between AI and freedom of speech.
subject: Articles
  topic: section
subject: artificial intelligence
  topic: keywords
subject: journalism
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subject: media
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subject: information law
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subject: digital ethics
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subject: Acquis Communautaire
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subject: EU
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creator: Vladyslav Teremetskyi
creator: Oleksandr Ryzhenko
creator: Liudmila Ryzhenko
creator: Viktoriia Klymiuk
creator: Andrii Smus
rights: Copyright (c) 2025 Vladyslav Teremetskyi, Oleksandr Ryzhenko, Liudmila Ryzhenko, Viktoriia Klymiuk, Andrii Smus https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.46852

Conflict of Interest Regulation in Transitional Legal Systems: A Comparative Legal Study of Ukrainian Compliance with International Anti-Corruption Standards
type: item
description: This article examines the legal and institutional implementation of international standards on conflict-of-interest regulation within the Ukrainian legal system. Drawing on a comparative legal methodology, the study evaluates the degree of normative convergence between Ukrainian legislation and key international instruments, including the United Nations Convention against Corruption (UNCAC), OECD Recommendations, and GRECO guidelines. In addition to doctrinal analysis, the research analyzes 120 judicial decisions at the national, regional, and local levels to assess patterns of interpretation, enforcement disparities, and procedural compliance. The findings reveal that while Ukraine demonstrates a high level of formal alignment—particularly in its legal provisions on disclosure and sanctions—significant deficiencies persist in preventive mechanisms, judicial consistency, and institutional coordination. National courts apply conflict-of-interest rules with relative rigor, yet subnational courts exhibit variability in reasoning, procedural irregularities, and limited engagement with international legal norms. The study identifies structural obstacles that hinder effective enforcement, including the absence of harmonized jurisprudence, insufficient legal training, and weak oversight frameworks. These gaps risk reducing international compliance to a symbolic function rather than a substantive tool for safeguarding integrity in public governance. The article concludes with targeted recommendations for legal reform, emphasizing the need for judicial interpretive guidelines, independent monitoring bodies, and coordinated enforcement strategies. By situating Ukraine’s legal system within a global comparative context, this study offers actionable insights for EU candidate countries and transitional legal systems seeking to enhance rule-of-law compliance and public sector integrity.
subject: Articles
  topic: section
subject: Conflict of Interest
  topic: keywords
subject: International Anti-Corruption Law
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subject: Ukrainian Administrative Law
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subject: Legal Compliance
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subject: Judicial Interpretation
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subject: Comparative Legal Analysis
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subject: Public Sector Integrity
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subject: Rule of Law
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creator: Alina Biryukova
creator: Sergii Tellis
creator: Serhii Hrechaniuk
creator: Oleh Roy
creator: Tetiana Sukhorebra
rights: Copyright (c) 2025 Alina Biryukova, Sergii Tellis, Serhii Hrechaniuk, Oleh Roy, Tetiana Sukhorebra https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.46851

Regulating Legal Ethics in Vietnam: Institutional Challenges, Normative Frameworks, and Reform Imperatives
type: item
description: This article analyzes Vietnam’s regulatory mechanisms for legal ethics using institutional theory and comparative legal analysis. It explores how ethical standards can move beyond aspirational guidelines to become enforceable norms within a modern rule-of-law system. Applying a normative-analytical approach and case studies from Germany, the UK, the US, and Australia, the study identifies four core pillars of an effective mechanism: (i) ethical standards, (ii) independent supervisory institutions, (iii) transparent disciplinary procedures, and (iv) public accountability. Findings show Vietnam’s framework remains fragmented, administratively dependent, and lacks independent oversight and public participation. Ethical codes are non-binding, while enforcement is internalized, compromising transparency and trust. The article proposes five reforms: interdisciplinary ethical codes, partial legal codification, independent ethics committees, public feedback mechanisms, and situational ethics education. Together, these aim to build a dynamic governance system supporting integrity and accountability in legal practice. This research contributes to debates on regulatory governance in transitional legal systems and offers insights for designing context-sensitive, enforceable ethical frameworks.
subject: Articles
  topic: section
subject: Legal ethics
  topic: keywords
subject: regulatory governance
  topic: keywords
subject: disciplinary systems
  topic: keywords
subject: institutional accountability
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subject: comparative law
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creator: Minh Tuan Nguyen
creator: Hanh Dang Thi My
rights: Copyright (c) 2025 Minh Tuan Nguyen, Hanh Dang Thi My https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.46850