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: Transnational Conflicts: Issues of Legal Classification
items: The Lawmaking Potential of the Constitutional Court in Bosnia and Herzegovina's Human Rights Protection Mechanism
items: Copyright Ownership of AI Generated Content: Evidence from Judicial Practice and a User Attribution Rule
items: Cross-border Protection of Geographical Indications between China and ASEAN under the Regional Comprehensive Economic Partnership
items: Enforcement Proceedings During Martial Law In Ukraine: Issues, Prospects, And Borrowing Positive Foreign Practices
items: International experience in preventing violations by border guard authorities: The case of EU member states
items: The Relationship Between Criminal Law and Administrative Law in Crime Prevention
items: The Burden of Proof in Vietnamese Civil Procedure
items: Ensuring Sustainable Employment Rights in Vietnamese Labor Law in the Face of Digital Transformation
items: Infanticide of Newborns: A Comparative Study between Vietnamese Law and International Legal Frameworks
items: Practical issues of buyers' rights regulation: Comparison of normative acts in Ukraine and the European Union
items: China-ASEAN Criminal Justice Cooperation Based on Value Consensus in the Context of the Belt and Road Initiative
items: Schizophrenia between evidence, human rights and practice: The S3 guideline 2025 as a legal and psychiatric challenge
items: A Risk Situation Threatening Public Law: Example of Fanaticism in Turkey
items: Research on Potential Competitive Legal Regulation in the Digital Economy Theoretical Evolution and Applicable Boundaries
items: Peculiarities Of Legal Regulation Of The Application Of Legal Principles In The Processes Of Lawmaking And Law Enforcement: Comparative Analysis
items: Institutional capacity of labor supervision and control bodies: international standards and problems of implementation into Ukrainian legislation
items: Formation of an Information (digital) Society in Ukraine Under Martial Law: Political and Legal Aspect
items: Theoretical and Applied Issues of Implementing the Transitional Justice Model in Ukraine
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: The Impact of Language Structure on Legal Drafting: A Study of Kyrgyz and English Imperatives
items: Difficulties in the Legal Qualification of Fraud: Financial Pyramids and Multi-Level Marketing
items: Function of the Right to Freedom of Movement in the Human Rights Protection System and its Importance for National Security
items: International Legal Challenges in Regulating Asymmetric Armed Conflicts
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

Transnational Conflicts: Issues of Legal Classification
type: item
description: The article aims to analyze the international legal aspects of transnational armed conflicts. The article presents the most important views of international legal doctrine on transnational armed conflicts, supplemented by positions expressed in the case law of international tribunals. It examines scientific proposals regarding military actions that contain a transnational element and can be considered such conflicts, while also noting the inconsistency in how these conflicts are named. The article provides arguments from supporters of different approaches to placing these conflicts within the framework of international law: those who regard them as a new type of armed conflict, and those who classify them as a subcategory of either international or non-international conflicts. In addition, it explains the so-called parallel model in the application of international humanitarian law. In the case of the approach that considers transnational conflicts as non-international ones, the article specifies which legal regime governing non-international conflicts can be applied to them with due regard to their specific territorial scope
subject: Articles
  topic: section
subject: Transnational Armed Conflicts
  topic: keywords
subject: Types of Armed Conflicts
  topic: keywords
subject: War on Terrorism
  topic: keywords
subject: Non-State Armed Groups
  topic: keywords
creator: Yuriy Kolesnikov
creator: Evgeniia Kashina
creator: Aleksandr Riabchenko
creator: Susanna Nimetullaeva
creator: Yermek Nurmaganbet
creator: Makhabbat Nakisheva
rights: Copyright (c) 2026 Yuriy Kolesnikov, Evgeniia Kashina, Aleksandr Riabchenko, Susanna Nimetullaeva, Yermek Nurmaganbet, Makhabbat Nakisheva https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.51242

The Lawmaking Potential of the Constitutional Court in Bosnia and Herzegovina's Human Rights Protection Mechanism
type: item
description: The organization and functioning of the Constitutional Court of Bosnia and Herzegovina has rightfully drawn the attention of scholars from various fields of contemporary research. This interest is rooted not only in the Court's crucial role in preserving the integrity of this "complex" state but also in the unique nature of its operations. The establishment of the Constitutional Court of Bosnia and Herzegovina occurred under conditions atypical for such institutions, and the initial tasks assigned to it were equally distinctive. As a result, while the Court follows the European model of constitutional review, it has developed several features that are not characteristic of this model. One such feature is the Court’s appellate authority, which logically requires its incorporation into the system of general jurisdiction courts. Nevertheless, as the constitutional review body of Bosnia and Herzegovina, the Court approached its competence with creativity, particularly in adapting its atypical appellate authority to the task of ensuring the supremacy of the Bosnian Constitution. This study analyzes the theory and practice of constitutional justice in Bosnia and Herzegovina, aiming to identify the Constitutional Court's place within the mechanism of protecting constitutional rights and freedoms. The novelty of this research lies in the author's attempt to examine the lawmaking potential of the Constitutional Court of Bosnia and Herzegovina, whose judicial activism, according to the author, has played a key role in transforming the Court’s appellate authority into the institution of constitutional complaint
subject: Articles
  topic: section
subject: Judicial Power
  topic: keywords
subject: Protection of Rights and Freedoms
  topic: keywords
subject: Constitutional Complaint
  topic: keywords
creator: Konstantin Polovchenko
rights: Copyright (c) 2026 Konstantin Polovchenko https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.51240

Copyright Ownership of AI Generated Content: Evidence from Judicial Practice and a User Attribution Rule
type: item
description: Ensuring a clear and workable allocation of copyright ownership for AI generated content has become one of the most urgent challenges of contemporary copyright law. This article examines how existing copyright doctrines, especially originality and authorship, respond to outputs produced with generative artificial intelligence, and how ownership should be attributed in a way that preserves the human centred foundations of copyright while maintaining effective incentives for creation and dissemination. The study adopts doctrinal analysis and comparative legal research, with particular focus on Chinese judicial practice and United States copyright registration practice. It further integrates a practice based review of representative cases, including Tencent Dreamwriter, the Spring Breeze image dispute, and Beijing Feilin v Baidu, together with United States determinations such as Zarya of the Dawn, Théâtre D’opéra Spatial, and A Single Piece of American Cheese. The findings indicate broad convergence on the principle that artificial intelligence is not a legal subject and cannot be an author, while jurisdictions diverge on the threshold and proof of human creative control. Building on these results, the article argues for a user attribution approach as the general rule, supported by clearer contribution assessment standards, contractual flexibility as a limited exception, and a workable labelling mechanism to enhance transparency and reduce disputes.
subject: Articles
  topic: section
subject: AI generated content
  topic: keywords
subject: copyright ownership
  topic: keywords
subject: authorship
  topic: keywords
subject: originality
  topic: keywords
subject: user attribution
  topic: keywords
subject: comparative copyright law
  topic: keywords
subject: China
  topic: keywords
subject: United States
  topic: keywords
subject: labelling obligation
  topic: keywords
subject: contribution assessment
  topic: keywords
creator: Jian Xuepeng
creator: Nazura Abdul Manap
creator: Mohd Zamre Mohd Zahir
rights: Copyright (c) 2026 Jian Xuepeng, Nazura Abdul Manap, Mohd Zamre Mohd Zahir https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50967

Cross-border Protection of Geographical Indications between China and ASEAN under the Regional Comprehensive Economic Partnership
type: item
description: Following the entry into force of the RCEP, trade in agricultural products and specialty foods between China and ASEAN has grown, highlighting the role of geographical indications in enhancing quality reputation and market bargaining power. However, cross-border circulation also brings risks such as counterfeiting, free-riding on reputation, and squatting. Existing legal protections struggle to match the risks brought by trade expansion. This paper employs qualitative analysis, comparative analysis, and rule interpretation methodologies. From the perspective of integrating the RCEP framework with China's domestic institutional practices, it proposes advancing procedural alignment and directory-based mutual recognition based on the premise of unified expression through rights information packages. By refining conflict resolution rules and establishing coordinated enforcement mechanisms, it aims to forge an enforceable and sustainable path for regional cooperation.
subject: Articles
  topic: section
subject: Geographical Indications
  topic: keywords
subject: RECP
  topic: keywords
subject: ASEAN
  topic: keywords
subject: China
  topic: keywords
subject: Regional Cooperation
  topic: keywords
subject: Cross-border Protection
  topic: keywords
creator: Chen Siqi
creator: Chen Mengru
creator: Ramalinggam Rajamanickam
creator: nazura binti abdul manap
rights: Copyright (c) 2026 Chen Siqi, Chen Mengru, Ramalinggam Rajamanickam, nazura binti abdul manap https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50966

Enforcement Proceedings During Martial Law In Ukraine: Issues, Prospects, And Borrowing Positive Foreign Practices
type: item
description: This article examines the current state of legal regulation of enforcement proceedings in Ukraine under the conditions of martial law. The aim of the study is to identify systemic legal and institutional problems that impede the proper functioning of enforcement mechanisms during wartime and to outline directions for their improvement based on the experience of selected foreign jurisdictions. The methodology combines general scientific and special legal methods, including analysis, synthesis, comparative legal analysis, and hermeneutics. The article identifies key challenges such as the suspension of enforcement measures, the limited access of claimants to judicial remedies, and gaps in legislative regulation. The study also reviews the practices of Sweden, Germany, and Poland, highlighting their successful models of ensuring enforcement continuity in crisis conditions. Based on the comparative analysis, proposals are made to modernize Ukrainian legislation in this area. Authors emphasize the importance of balancing state security interests with the protection of creditors’ rights and ensuring legal certainty for all participants in enforcement proceedings. The scientific value of the article lies in the formation of a proposals for improving the legal regulation of enforcement of decisions, taking into account the conditions of martial law, based on the experience of foreign countries, in particular, certain EU member states. The article was prepared as part of the scholarship work of the Verkhovna Rada of Ukraine. The article was prepared as part of the scientific (scientific and technical) work “Enforcement of court decisions, other bodies (officials)” (state registration number: 0125U003345).
subject: Articles
  topic: section
subject: Enforcement Proceedings
  topic: keywords
subject: Enforcement Of Decisions
  topic: keywords
subject: Legislation on Enforcement Proceedings
  topic: keywords
subject: Martial Law
  topic: keywords
subject: Automated Enforcement Proceedings System (AEP)
  topic: keywords
creator: Nataliia Sergiienko
creator: Serhii Suslin
creator: Vira Pyrohovska
creator: Oleksandr Snidevych
creator: Iryna Bondar
rights: Copyright (c) 2026 Nataliia Sergiienko, Serhii Suslin, Vira Pyrohovska, Oleksandr Snidevych, Iryna Bondar https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50965

International experience in preventing violations by border guard authorities: The case of EU member states
type: item
description: The relevance of this study is determined by the growing role of border services in preventing offenses amid the evolving security environment of the European Union and the implementation of integrated border management. For Ukraine, critically analyzing international experience is essential due to the ongoing armed aggression of the Russian Federation and institutional differences in its law enforcement system, which make full adoption of EU models impractical without considering national realities. The study aims to examine international practices in crime prevention within the law enforcement and administrative-jurisdictional activities of border services in EU member states bordering Russia, to identify possibilities and limits for adapting these practices to the State Border Guard Service (SBGS) of Ukraine. The object of the study is the social relations formed during law enforcement and administrative activities in crime prevention under integrated border management. Using comparative, formal, structural-functional, and systemic legal analysis, the study examines the concept and content of crime prevention, the role of integrated border management, and the functions of Frontex and EU acquis standards in forming common security approaches. Practices in Poland, Finland, Lithuania, Latvia, and Estonia are analyzed, highlighting differences in pre-trial investigation, procedural coercion, and migration policy. Mechanical transfer of EU models to Ukraine is deemed ineffective and risky under martial law. Instead, selective adaptation of functional elements—risk analysis, interagency coordination, and analytical tools—can enhance SBGS operations while maintaining existing power structures. Promising areas for adaptation include risk-based analytics, preventive measures, and coordinated operational practices, ensuring effective crime prevention in Ukraine.
subject: Articles
  topic: section
subject: Crime Prevention
  topic: keywords
subject: Law Enforcement
  topic: keywords
subject: strative and Jurisdictional Activities
  topic: keywords
subject: International Experience
  topic: keywords
subject: Integrated Border Management
  topic: keywords
subject: Border Service
  topic: keywords
subject: EU Border Services
  topic: keywords
creator: Yaroslav Kushnir
rights: Copyright (c) 2026 Yaroslav Kushnir https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50964

The Relationship Between Criminal Law and Administrative Law in Crime Prevention
type: item
description: In the context of increasing crime risks associated with socio-economic development and the expansion of state governance, crime prevention is increasingly seen as a comprehensive task of the legal system, rather than solely a function of criminal law. This article analyzes the relationship between criminal law and administrative law in crime prevention, approaching it from the perspective of risk management and early prevention. Based on a combination of criminal law theory, administrative law, and criminology, the article clarifies the preventive role of administrative responsibility, the position of criminal responsibility as a “last resort”, and the mechanisms of legal interoperability in controlling deviant behavior. Through an analysis of the provisions of the Vietnamese Criminal Code and the Law on Handling Administrative Violations, this article points out the theoretical and practical issues arising in determining the legal boundary between two types of responsibility, the risk of criminalizing administrative violations or administratively treating criminal acts. From there, the study proposes directions for improving the interconnected mechanism between criminal law and administrative law to enhance the effectiveness of crime prevention, while ensuring constitutional and legal principles and the control of state power.
subject: Articles
  topic: section
subject: Crime prevention
  topic: keywords
subject: criminal law
  topic: keywords
subject: administrative law
  topic: keywords
subject: administrative responsibility
  topic: keywords
subject: criminal responsibility
  topic: keywords
subject: crime risk management
  topic: keywords
creator: Baokhanh Nguyen Huynh
rights: Copyright (c) 2026 Baokhanh Nguyen Huynh https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50963

The Burden of Proof in Vietnamese Civil Procedure
type: item
description: Currently, Vietnam is changing its judicial model. Civil procedure is becoming increasingly important. In Vietnamese civil procedure, the participated subjects’ burden of proof plays an especially important part and has great relations to the outcome of the settlement of civil cases. This is the liability that most subjects of civil procedure have to carry out; however; the burden of proof is a complicated problem and there are many limitations that make it difficult for subjects to do their bit. Due to that fact, the article studies the burden of proof in civil procedure, on that basis, proposes some solutions to contribute to improving the efficiency of the performance of the burden of proof in civil procedure in Vietnam.
subject: Articles
  topic: section
subject: Burden of proof
  topic: keywords
subject: Court
  topic: keywords
subject: facts
  topic: keywords
subject: event
  topic: keywords
subject: civil procedure
  topic: keywords
creator: Nguyen Vinh Hung
creator: Le Kim Nguyet
creator: Ha Thi Lan Phuong
rights: Copyright (c) 2026 Nguyen Vinh Hung, Le Kim Nguyet, Ha Thi Lan Phuong https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50962

Ensuring Sustainable Employment Rights in Vietnamese Labor Law in the Face of Digital Transformation
type: item
description: The purpose of this study is to clarify how Vietnamese labor law ensures sustainable employment rights for workers in the context of digital transformation, which is profoundly changing the structure of the labor market, forms of employment, and labor relations. The study focuses on analyzing the adaptability of current labor law regulations to the increase in digitalized and flexible labor, while assessing legal gaps that may increase the risk of job loss or a decline in job quality. The study uses a textual research method, combining a quantitative survey of 229 workers and employers in sectors directly affected by digital transformation with semi-structured interviews with 21 state management experts, lawyers, policy researchers, and business representatives to clarify perceptions, practical experiences, and policy evaluations. The research results show that Vietnamese labor law has made certain progress in protecting employment rights through regulations on labor contracts, retraining, and social security. However, it still has limitations in covering new forms of employment as well as mechanisms to ensure safe job transitions for workers. Based on this, the study affirms the scientific and practical significance of improving labor law towards a sustainable employment-centered approach, contributing to enhancing the adaptability of the labor market and ensuring social stability in the digital transformation era.
subject: Articles
  topic: section
subject: Vietnamese labor law
  topic: keywords
subject: sustainable employment rights
  topic: keywords
subject: digital transformation
  topic: keywords
subject: digital labor market
  topic: keywords
subject: worker protection
  topic: keywords
creator: Tamhoa Nguyen Thi
creator: Hiep Ho Duc
rights: Copyright (c) 2026 Tamhoa Nguyen Thi, Hiep Ho Duc https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50961

Infanticide of Newborns: A Comparative Study between Vietnamese Law and International Legal Frameworks
type: item
description: Infanticide of newborns represents a particularly complex category of homicide, located at the intersection of criminal law, psychology, gender studies, and human rights. Many legal systems treat the killing of a newborn child by the mother under special legal provisions, recognising the unique physiological and psychological conditions surrounding childbirth. This article provides an in-depth analysis of the crime of killing a newborn child under Vietnamese criminal law, with a comprehensive comparison to selected international legal systems and international human rights standards. By examining the historical evolution, constituent elements of the offence, criminal liability, penalties, and underlying policy rationales, the article highlights similarities and differences between Vietnamese law and foreign legal approaches. The study further evaluates the compatibility of Vietnamese regulations with international human rights obligations and proposes recommendations for legal reform aimed at enhancing both child protection and maternal justice.
subject: Articles
  topic: section
subject: infanticide
  topic: keywords
subject: newborn child
  topic: keywords
subject: criminal law
  topic: keywords
subject: comparative law
  topic: keywords
subject: human rights
  topic: keywords
subject: Vietnam
  topic: keywords
creator: Nguyen Van Khoat
rights: Copyright (c) 2026 Nguyen Van Khoat https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50960

Practical issues of buyers' rights regulation: Comparison of normative acts in Ukraine and the European Union
type: item
description: In the fast-growing digital era, new possibilities raise safety concerns never before considered: from the misuse of personal data through messages you receive personally and media occupations that are most unseen, all the way to algorithmic manipulation that affects both our digital behavior and how attractive we find design. This represents a shift in the consumer landscape, when legal clarity and enforcement methods developed for standard consumer goods no longer work best. This brought far-reaching changes in the consumer protection landscape, including changes of regulation and law. The text makes a comparative study of consumer protection laws in both the EU and Ukraine. Through integrative review and comparative analysis, this article sought to explore the major elements and characteristics of consumer protection legislation in either the EU or Ukrainian settings. It was shown that in the digital environment of consumer experience, new challenges have replaced traditional ones: for example, in this case, the industry should be regulated. The article proposes integrating the agile methodology into the civil law context and advancing consumer protection. From this integration, we can expect that EU consumer protection laws will be less fragmented and make it easier to enforce them; a preemptive governance of issues on the horizon is essential for our survival. Here, Ukraine’s consumer protection legislation will approach EU standards in some measure.
subject: Articles
  topic: section
subject: Consumer Protection Legislation
  topic: keywords
subject: EU Directives
  topic: keywords
subject: Ukrainian Legislation Harmonization
  topic: keywords
subject: Agile Legislation
  topic: keywords
subject: Legtech
  topic: keywords
subject: Invalidity
  topic: keywords
subject: Types of Invalidity
  topic: keywords
creator: Oleksii Volokhov
creator: Ihor Okuniev
creator: Vladyslav Kondiuk
creator: Maryna Toporkova
rights: Copyright (c) 2026 Oleksii Volokhov, Ihor Okuniev, Vladyslav Kondiuk, Maryna Toporkova https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50958

China-ASEAN Criminal Justice Cooperation Based on Value Consensus in the Context of the Belt and Road Initiative
type: item
description: Against the background of the Belt and Road Initiative (BRI) and the increasing complexity of transnational crime, criminal judicial cooperation has become an essential yet insufficiently examined aspect of China–ASEAN legal cooperation. Existing BRI scholarship has primarily focused on investment protection and commercial dispute resolution, leaving the normative foundations of criminal judicial cooperation largely underexplored. This article adopts a value-based analytical framework to examine the feasibility of criminal judicial cooperation between China and ASEAN states. Through an analysis of ASEAN criminal judicial cooperation instruments and practices, the article identifies core value orientations embedded in ASEAN mechanisms, including the prioritisation of state sovereignty and legal autonomy, a functional emphasis on public order and regional security, minimum guarantees of procedural justice, and a constrained pursuit of cooperation efficiency. These value orientations are then compared with those reflected in China’s criminal justice system. The analysis demonstrates that, despite differences in legal traditions and institutional structures, China and ASEAN share a substantial overlap at the level of value prioritisation and normative bottom lines. The coexistence of diverse legal traditions, including Islamic law influences within ASEAN, further illustrates the viability of cooperation based on minimum value consensus rather than legal uniformity. Building on this finding, the article proposes a value-consensus-oriented model for China–ASEAN criminal judicial cooperation that balances effectiveness, legal diversity, and state sovereignty.
subject: Articles
  topic: section
subject: Belt and Road Initiative
  topic: keywords
subject: China–ASEAN relations
  topic: keywords
subject: criminal judicial cooperation
  topic: keywords
subject: value consensus
  topic: keywords
subject: value orientation
  topic: keywords
creator: Wen Xinming
creator: Salawati Mat Basir
creator: Nurul Hidayat Ab Rahman
rights: Copyright (c) 2026 Wen Xinming, Salawati Mat Basir, Nurul Hidayat Ab Rahman https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50957

Schizophrenia between evidence, human rights and practice: The S3 guideline 2025 as a legal and psychiatric challenge
type: item
description: The paper examines the S3 Guideline Schizophrenia 2025 of the German Society for Psychiatry, Psychotherapy, Psychosomatics, and Neurology (DGPPN) as a turning point in modern psychiatry. The paper aims to explore how this living guideline integrates evidence-based medicine, legal regulations, and human rights standards into a unified framework of psychiatric care. Using a qualitative analysis of the guideline's structure, legal references, and participatory development process, the study identifies its methodological innovations and practical challenges. The results highlight that the guideline promotes shared and supported decision-making, empowerment, and recovery-oriented care while defining coercion as a measure of last resort. It establishes psychiatry as a legally constituted field where autonomy, protection, and professional responsibility must be continuously balanced. However, discrepancies persist between the normative standards of the guideline and institutional practice, mainly due to structural and resource limitations. The paper concludes that the S3 Guideline Schizophrenia 2025 represents both a medical and legal policy instrument, setting the foundation for human rights–based psychiatry in Germany and beyond.
subject: Articles
  topic: section
subject: Schizophrenia
  topic: keywords
subject: Human Rights
  topic: keywords
subject: Guideline
  topic: keywords
subject: Psychiatry
  topic: keywords
subject: Coercion
  topic: keywords
creator: Anja Pfeifer
creator: Mariana Mrázová
rights: Copyright (c) 2026 Anja Pfeifer, Mariana Mrázová https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50956

A Risk Situation Threatening Public Law: Example of Fanaticism in Turkey
type: item
description: This study was conducted to examine the views of football fans regarding fanaticism, which poses a risk to public law. Data were collected from responses to the Football Fanaticism Scale. The working group consisted of Uşakspor football team fans in the Turkish Football 2nd League. Among the supporters of the team, 1568 people were interviewed on a voluntary basis. It was evaluated as a scale of 1530, which was answered completely. It has been determined that the fans have a high level of team belonging and a low level of violent tendencies. The violent tendency and team belonging of woman fans are higher than many fans. The propensity to violence among the fans in the 18-24 age group is higher than the violence tendency among the fans over the age of 30. The tendency for violence among self-employed fans is higher than among public servants and retired fans. Only literate fans have a higher tendency to violence than university graduates. The violent tendency and team belonging of the fans who are interested in sports are higher than the fans who are not interested in sports. The violent tendency of the fans who never go to the team's matches is higher than the violent tendency of the fans who constantly go to the team's matches. The violent tendencies of fans who watch the matches of the team on television are higher than the fans who do not watch the matches on the television. There was a positive relationship between the tendency to violence and belonging to the team.
subject: Articles
  topic: section
subject: Public Law
  topic: keywords
subject: fanaticism
  topic: keywords
subject: violence tendency
  topic: keywords
subject: team belonging
  topic: keywords
creator: Ibrahim Çankaya
creator: Hafiz Bek
rights: Copyright (c) 2026 Ibrahim Çankaya, Hafiz Bek https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50955

Research on Potential Competitive Legal Regulation in the Digital Economy Theoretical Evolution and Applicable Boundaries
type: item
description: With the deepening development of the global digital economy, the business operation models of enterprises have undergone fundamental changes. The core dimensions of market competition have shifted from traditional categories such as price regulation and scale expansion to technological innovation and market promotion capabilities. Against this backdrop, potential competition analysis, as a forward-looking anti-monopoly analysis tool, is increasingly highlighting its value. This article systematically reviews the origin and evolution of the theory of potential competition analysis, deeply explores the legal application disputes between "perceived potential competition" and "actual potential competition" in the judicial practice of the United States, and dissects the effect changes of this theory from price constraints to innovation suppression. Research findings show that the digital economy era offers new development opportunities for potential competition analysis, but there are still many challenges in terms of defining applicable standards and adapting to local conditions. Based on the structural characteristics of the Chinese market and the practical demands of anti-monopoly, this article proposes a Chinese solution of restricting the scope and prudent application, providing a theoretical reference for improving the review system of business concentration in our country
subject: Articles
  topic: section
subject: Potential competition
  topic: keywords
subject: Concentration of business
  topic: keywords
subject: operators’ Digital economy
  topic: keywords
subject: Innovation competition
  topic: keywords
subject: Anti-monopoly Law
  topic: keywords
creator: Xinqian Zhou
rights: Copyright (c) 2026 Xinqian Zhou https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50954

Peculiarities Of Legal Regulation Of The Application Of Legal Principles In The Processes Of Lawmaking And Law Enforcement: Comparative Analysis
type: item
description: The work is aimed at a comprehensive analysis and justification of the mechanisms for applying the principles of law in the processes of lawmaking and law enforcement. The main attention is paid to the study of how fundamental legal ideas are transformed into effective instruments for regulating social relations, ensuring the integrity and logic of the legal system. During the study, it was established that the principles of law are not purely formal constructs. They should be interpreted as universal, fundamental and basic provisions that reflect the deep foundations of human existence. These ideas are the product of long-term social interaction and reflect the general relations that are formed between the participants in legal relations. Acting as a kind of "genetic code" of law, these principles form the basis for sustainable legal development, determining the boundaries of permissible behavior and the vector of development of legislative initiatives. To achieve the set goal and ensure the objectivity of the results, a systematic approach and a number of scientific methods were used: analysis of biographical and primary sources: to study the evolution of views on legal ideologemes; synthesis and deduction: to form a holistic view of the role of principles on the basis of individual legal phenomena. The results of the study prove that consistent and systematic adherence to legal principles by law-making and law-enforcement bodies is a key condition for creating an atmosphere of predictability and stability in the legislative field. The effectiveness of the legal system directly depends on the recognition of the principles of law as norms of direct action that have the same regulatory force as specific legal regulations that regulate highly specialized relations
subject: Articles
  topic: section
subject: Application
  topic: keywords
subject: principles of law
  topic: keywords
subject: legislation
  topic: keywords
subject: law-making activity
  topic: keywords
subject: law enforcement activity
  topic: keywords
creator: Tetiana Lezhnieva
creator: Anzela Moseiko
creator: Oleksandr Samoilenko
creator: Viacheslav Kuzyk
creator: Oleksandr Yеrmenchuk
rights: Copyright (c) 2026 Tetiana Lezhnieva, Anzela Moseiko, Oleksandr Samoilenko, Viacheslav Kuzyk, Oleksandr Yеrmenchuk, Oleksandr Yеrmenchuk https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50898

Institutional capacity of labor supervision and control bodies: international standards and problems of implementation into Ukrainian legislation
type: item
description: The article examines the institutional capacity of labor supervision and control bodies in the context of international standards and the features of their implementation in the legislation of Ukraine. The main approaches of the International Labor Organization and the European Union to the organization of the labor inspection system are analyzed, in particular, regarding ensuring the independence of control bodies, the adequacy of their powers, and human and financial support. The current state of legal regulation of the activities of labor supervision bodies in Ukraine is outlined and key problems related to the instability of legislation, the limitation of control powers, and the inconsistency of national mechanisms with the international obligations of the state are identified. The need for a comprehensive approach to the implementation of international standards, combining legislative, institutional, and organizational measures, is substantiated. It is concluded that increasing the institutional capacity of labor supervision and control bodies is an important prerequisite for the effective protection of labor rights of employees and the harmonization of Ukrainian legislation with European social and legal standards.
subject: Articles
  topic: section
subject: institutional capacity
  topic: keywords
subject: authority
  topic: keywords
subject: supervision
  topic: keywords
subject: control, labor
  topic: keywords
subject: international standards
  topic: keywords
subject: implementation
  topic: keywords
subject: legislation of Ukraine
  topic: keywords
creator: Serhii Ostrovskyi
creator: Serhiy Sivkov
creator: Svitlana Zadereiko
creator: Tetiana Voloshanivska
creator: Yevhen LEHEZA
rights: Copyright (c) 2026 Serhii Ostrovskyi, Serhiy Sivkov, Svitlana Zadereiko, Tetiana Voloshanivska, Yevhen LEHEZA https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50764

Formation of an Information (digital) Society in Ukraine Under Martial Law: Political and Legal Aspect
type: item
description: In addition to analyzing the political and legal frameworks for guaranteeing the digital transformation of the state in the face of military aggression, the paper looks at the characteristics of the development of an information (digital) society in Ukraine under martial law. The topic is relevant because information and communication technologies are rapidly permeating every aspect of public life in the modern stage of society's development, creating a new model of socioeconomic and political development known as the information or digital society. In order to maintain the stability of state administration, the continuation of administrative services, and efficient communication between the state and its citizens, the Russian Federation's full-scale war against Ukraine created new difficulties for the operation of state institutions. This made the active use of digital technologies necessary. The dominance of knowledge and information as strategic resources for development, the extensive use of digital technologies, the expansion of information access, and the active use of electronic services in the field of public administration are found to be characteristics of the information society. In this sense, digitalization is viewed as a complicated process that uses contemporary information technologies to change public communications, economic interactions, and state institutions. The study also takes into account cyber and information security as a crucial element in the development of a digital society.
subject: Articles
  topic: section
subject: political system
  topic: keywords
subject: legal system
  topic: keywords
subject: sustainable development
  topic: keywords
subject: Information society
  topic: keywords
subject: digital society
  topic: keywords
subject: information security
  topic: keywords
subject: cybersecurity
  topic: keywords
creator: Yurii Kyrychenko
creator: Olena Postol
creator: Natalia Riezanova
creator: Pavlo Nazarenko
creator: Liliia Baieva
rights: Copyright (c) 2026 Yurii Kyrychenko , Olena Postol , Natalia Riezanova , Pavlo Nazarenko , Liliia Baieva https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50470

Theoretical and Applied Issues of Implementing the Transitional Justice Model in Ukraine
type: item
description: The article provides a comprehensive analysis of the theoretical and applied issues concerning the transitional justice model implementation in Ukraine. The authors have systematized and examined in detail the following issues: a lack of complete understanding regarding the philosophical and analytical nature of the transitional justice model; the absence of retrospective links in the formation and development of the transitional justice model within modern international law; imperfections in theoretical provisions regarding the structural integrity of the transitional justice model; functional limitations of the transitional justice model; a misunderstanding of the grounds for applying the directions and principles of transitional justice; fragmentary understanding of specific transitional justice categories; and the reduction of the transitional justice model solely to the sphere of judicial proceedings. The study summarizes the following factors contributing to these theoretical and applied problems: 1) insufficient level of approbation and scientific substantiation of the transitional justice model at the national level; 2) a lack of institutional links between the scientific community and authorities regarding the shaping of transitional period policies; 3) a failure to comprehend the integrity of the transitional justice model and the unity of its components; 4) the individuality of transitional justice contexts in specific states; 5) insufficient exploration of the philosophical sources of the transitional justice model; 6) imperfections in the cognitive algorithms used to study the transitional justice model
subject: Articles
  topic: section
subject: armed aggression
  topic: keywords
subject: victims of conflict
  topic: keywords
subject: national context
  topic: keywords
subject: post-conflict development
  topic: keywords
subject: transition period
  topic: keywords
subject: human rights
  topic: keywords
subject: transitional justice
  topic: keywords
subject: territorial integrity
  topic: keywords
creator: Viktor Filatov
creator: Oleksandr Boiko
creator: Sergey Нerasymchuk
creator: Inna Yefimova
creator: Anzhelika Pylypenko
rights: Copyright (c) 2026 Viktor Filatov, Oleksandr Boiko, Sergey Нerasymchuk, Inna Yefimova, Anzhelika Pylypenko https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.50220

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

The Impact of Language Structure on Legal Drafting: A Study of Kyrgyz and English Imperatives
type: item
description: This article examines how imperative constructions and numerals function in Kyrgyz and English legal texts to shape legal obligations, precision, and interpretation. Using a qualitative and comparative methodology, the study analyzes 100 legal documents to identify syntactic and semantic patterns relevant for legal drafting and translation. The results show significant cross-linguistic differences: English relies on explicit modal verbs and isolated numerals, while Kyrgyz integrates obligations and quantities into narrative structures. The study concludes that these distinctions affect legal certainty and must be addressed in multilingual drafting and professional legal communication.
subject: Articles
  topic: section
subject: Legal Discourse
  topic: keywords
subject: Imperative Sentences
  topic: keywords
subject: Kyrgyz Language
  topic: keywords
subject: English Language
  topic: keywords
subject: Comparative Analysis
  topic: keywords
creator: Nurbek Kokonbai uulu
creator: Aliyakhan Toktonazarova
creator: Elvira Kushbekova
creator: Roza Aliyeva
creator: Minavarhan Matkarimova
creator: Orunkan Abdykaimova
rights: Copyright (c) 2026 Nurbek Kokonbai uulu, Aliyakhan Toktonazarova, Elvira Kushbekova, Roza Aliyeva, Minavarhan Matkarimova, Orunkan Abdykaimova https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.49294

Difficulties in the Legal Qualification of Fraud: Financial Pyramids and Multi-Level Marketing
type: item
description: This article examines the legal challenges in identifying two types of schemes: classic financial pyramids and commodity financial pyramids. A comparative-legal analysis shows that financial pyramids are often disguised as legitimate businesses, namely, multi-level marketing. The study focuses on describing the differences between lawful multi-level marketing practices and illegal pyramids based on such criteria as misleading investment offers, the lack of economic value creation, and the continuous need to attract new investors. The results indicate that current legislation in many jurisdictions lacks uniform standards for defining and prosecuting financial pyramids, which often leads to difficulties in the legal qualification of criminal offenses
subject: Articles
  topic: section
subject: Classic Pyramid Scheme
  topic: keywords
subject: Commodity Pyramid Scheme
  topic: keywords
subject: MLM
  topic: keywords
subject: Criminal Offenses
  topic: keywords
subject: Investment
  topic: keywords
creator: Botagoz Gabbassali
creator: Askar Kaliyev
creator: Kuandyk Tokubayev
creator: Talgat Khanov
creator: Nurlan Biyekenov
creator: Assel Karipova
rights: Copyright (c) 2025 Botagoz Gabbassali, Askar Kaliyev, Kuandyk Tokubayev, Talgat Khanov, Nurlan Biyekenov, Assel Karipova https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.49204

Function of the Right to Freedom of Movement in the Human Rights Protection System and its Importance for National Security
type: item
description: The purpose of this paper is to analyze the function of the right to freedom of movement in the human rights protection system. For these purposes, the following research objectives were established: first, to assess the functional role of the right to freedom of movement within the human rights protection system and, second, to evaluate its significance for the national security system of Kazakhstan. The reliability and validity of the results are ensured by a theoretical analysis of scientific literature, the formal legal method, analysis of legal technology, and examination of documents. The functional role of this right in the human rights protection system has been clarified. Based on the results of the theoretical research analysis, the authors propose an approach to defining the right to freedom of movement
subject: Articles
  topic: section
subject: Ratification
  topic: keywords
subject: Subjective Rights
  topic: keywords
subject: Principle of Proportionality
  topic: keywords
subject: Legal Guarantees
  topic: keywords
subject: Right to Freedom of Movement
  topic: keywords
creator: Abzal Begembetov
creator: Baurzhan Alenov
creator: Malika Alieva
rights: Copyright (c) 2026 Abzal Begembetov, Baurzhan Alenov, Malika Alieva https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
doi: 10.15408/jch.v14i1.49203

International Legal Challenges in Regulating Asymmetric Armed Conflicts
type: item
description: The purpose of the article was to analyze the international legal aspects of asymmetric armed conflicts, including the right to self-defense and the legal status of civilians. The methodological basis of the study consists of an examination of international legal instruments, such as the UN Charter, the Geneva Conventions and their Additional Protocols. Additional literature review included contemporary conflict studies and international humanitarian law. Results showed that asymmetric conflicts blur the line between combatants and civilians, complicate the application of proportionality, and diminish the effectiveness of classical jus ad bellum and jus in bello norms. The conclusion highlights the need to adopt international law to the involvement of non-state actors and to the growing number of cases in which states invoke preventive self-defense, while ensuring strict compliance with its legal criteria.
subject: Articles
  topic: section
subject: Asymmetric Conflict
  topic: keywords
subject: Armed Conflict
  topic: keywords
subject: Right to Self-Defense
  topic: keywords
subject: Combatant
  topic: keywords
subject: Civilians
  topic: keywords
creator: Vladislav Kudryavtsev
creator: Sergei Kolganov
creator: Oksana Sitnikova
creator: Karina Chikaeva
creator: Elman Akhyadov
rights: Copyright (c) 2025 Vladislav Kudryavtsev, Sergei Kolganov, Oksana Sitnikova, Karina Chikaeva, Elman Akhyadov https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.15408/jch.v13i3.49202

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