Journal of Law and Sustainable Development
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Derecho a la defensa en la aplicación del contenido del art. 534 # 3 del COIP, en Delitos Flagrantes
No full textAndina Elock, Arga, & Pujiyono. (2024). COMPARISON OF POLITICAL DYNASTY IN INDONESIA AND THE UNITED STATES. Revista de Gestão Social eAmbiental. Obtenido de https://rgsa.emnuvens.com.br/rgsa/article/view/4573
Asamblea Constituyente de Ecuador. (2007-2008). Constitución del Ecuador. Montecristi. Asamblea Nacional. Montecristi: CÓDIGO ORGÁNICO INTEGRAL PENAL, COIP. Registro Oficial del Ecuador.
Benavides-Benalcázar, M. (2017). El debido proceso y el sistema procesal penal. Obtenido de https://derechoecuador.com/garantia-del-debido-proceso/
Castro-Arroyo, R. (2021). El debido proceso y el sistema procesal penal. Obtenido de https://derechoecuador.com/debido-proceso-en-ecuador/
Clery Aguirre, A. G. (2015). El acceso a la información pública: análisis de la experiencia europea y española y bases para su regulación en la República del Ecuador. Barcelona: Universitat de Barcelona.
Corte Constitucional del Ecuador. (2018). Sentencia: No. 001-18-PJO-CC. Quito: Corte Constitucional del Ecuador.
Corte Nacional de Justicia. (2017). Criterios sobre inteligencia y aplicación de la ley Materias Penales. Quito: Jefatura de Biblioteca, Gaceta y Museo de la CNJ.
Corte Nacional de Justicia. (2021). RESOLUCIÓN No. 14-2021. Quito: Corte Nacional de Justicia.
Devis-Echandía, H. (1981). Teoría General de la Prueba Judicial. Bogotá: Temis S. A.
Durán, M. C., Dimas Flores, K. R., & Rodríguez Romero, E. A. (2004). Consecuencias jurídicas derivadas del principio reversión de la carga de la prueba en los procesos de filiación y pensión alimentaria. San Salvador.
Durán-Chávez, C. E., & Henríquez-Jiménez, C. D. (2021). El principio de imparcialidad como fundamento de la actuación del juez y su relación con el debido proceso. Revista Científica UISRAEL, 173-190.
Florian Krauth, S. (2018). La Prisión Preventiva en el Ecuador. Quito: Defensoría Pública del Ecuador.
Guerra, V. S. (2011). Imperium de las sentencias judiciales en Roma y en la actualidad. Revista de Derecho Privado, 59-86.
Instituto Nacional de Estadísticas y Censos (INEC). (2021). Encuesta Nacional de Empleo, Desempleo y Subempleo (ENEMDU). Quito: Dirección de Innovación en Métricas y Metodologías.
Inter-American Court of Human Rights. (2021). Chaparro Álvarez y Lapo Íñiguez vs. Ecuador. Excepciones preliminares, Fondo, Reparaciones y Costas. Sentencia, 21.
Inthomya, S., & Sirivunnabood, P. (2024). THE DEVELOPMENT OF ROYAL THAI POLICE CRIMINAL CASE INVESTIGATION SYSTEM AND CRIMINAL BEHAVIOR ANALYSIS CONCEPTS. Journal of Law and Sustainable Development, e3446.
Lizama, M. N. (2018). Los informes de arraigo: un análisis desde la perspectiva de los Servicios Sociales. Cuadernos de Trabajo Social, 85-93.
Mestanza, M. (2018). Medidas Cautelares. La Hora.
Molina-Benavides, L. S., Vera Campuzano, N., Parrales-Loor, G., Laínez-Quinde, A., & Clery-Aguirre, A. (2017). Investigación aplicada en Ciencias Sociales. La Libertad: Universidad Estatal Península de Santa Elena.
Organization of American States. (1978). Convención Americana sobre Derechos Humanos (Pacto de San José de Costa Rica). San José.
Osco Escobedo, & et al. . (2024). DIGITAL EVIDENCE AS A MEANS OF PROOF IN CRIMINAL PROCEEDINGS. Rev. Gest. Soc. Ambient. | Miami | v.18.n.4 | p.1-13 | e04585 | 2024. Obtenido de https://rgsa.emnuvens.com.br/rgsa/article/view/4585
Palacios-Quinto, R. (2017). El corazón de Salinas para el mundo. Salinas: Kindle.
Ramírez Carvajal, D. M. (2013). Contornos del derecho procesal contemporáneo. luces desde la obra de Michele Taruffo. Academia & Derecho, 171-188.
Real Academia Española. (2013). Diccionario panhispánico del español jurídico. Obtenido de https://dpej.rae.es/lema/medida-cautelar
Reyes Molina, S. (2012). Presunción de inocencia y estándar de prueba en el proceso penal: Reflexiones sobre el caso chileno. Revista de derecho (Valdivia), 229-247.
Reyes Valenzuela, C., Jaramillo Tejada, F., Jayo Suquillo, L., Merlyn Sacoto, M. F., & Martos-Méndez, M. J. (2017). Dimensiones de integración social en población colombiana y cubana que vive en Quito, Ecuador. Universitas Psychologica, 234-247.
Tapakova, V., Abdrasulov, E., Kulbaeva, M., Shaykhadenov, R., & Zhumadilov, A. (2023). Ways to Improve Legal Mechanisms’ Efficiency in Protecting Human Rights and Freedom. Journal of Law and Sustainable Development, 1698-1698. https://doi.org/10.55908/sdgs.v11i9.1698.En el presente trabajo se examinó el contenido del artículo 534, numeral 3 del Código Orgánico Integral Penal, en su aplicación, efectividad y ante una posible vulneración del derecho a la defensa. También se consideró el arraigo social presentado o no por el demandado, donde se consideró su contenido y la posibilidad de obtenerlo dentro de las 24 horas; Se utilizó normativa internacional, la Constitución del Ecuador, doctrina penal, sentencias y criterios de la Corte Constitucional, Corte Nacional de Justicia, así como el ordenamiento jurídico nacional y revistas científicas, información que resultó en la existencia de una violación al derecho a defensa de los procesados. Además, emerge la falta de claridad de esta disposición legal, que al ser de carácter subjetivo genera discrecionalidad sin control, igual arbitrariedad y en ocasiones abusos del régimen de turno; por lo tanto, estaríamos ante afectaciones a los derechos de libertad, seguridad jurídica, debido proceso y ante una latente criminalización de la pobreza. Asimismo, concluyendo que es necesario tener un criterio unificado sobre las "indicaciones", cuáles serían eficientes o suficientes y la erradicación
THE ISSUE OF LEGALIZING CANNABIS: A QUALITATIVE ANALYSIS OF THE STUDENT’S PUBLIC DISCOURSE
No full textIntroduction: The objective of the present work is to analyze in a multidimensional view, Albania's Law No. 61/2023 on Cannabis legalization for its legal, applicability mechanisms, and economic challenges, assessing the readiness of the country, clarity, and impact on drug control.
Method: The method of this study is quasi-experimental, and it is divided into two phases.
The current study sample is two hundred students, of whom 120 (60%) were from the Faculty of Law and 80 (40%) from the University of Medical Sciences. The initial retrospective study (T1) was employed to identify the gaps in the legal education of law and assess the legislation’s stance. Five months later (T2) Medical Cannabis Juridical Education; Law enforcement capacities; and Social and Psychological impact identified as the key gaps were evaluated.
Results: The students enrolled in the Law and Pharmacy program showed an improved understanding of the socio-psychological ramifications associated with the law implementation in Albania (t1 = 2; 7; t2 = 3.76; p < 0.001). Regressive results revealed an influence of Judicial and Psychoeducational training on the students' public opinion with an R-value model summary of 0,706 (70%).
Conclusions: The findings of this study suggest that the legalization of Cannabis in Albania is a significant challenge for the country and continued follow-up and public training would increase public awareness and assertiveness toward the Law
MODEL OF CABINET RELATIONSHIP WITH REGIONAL GOVERNMENT IN THE ERA OF REGIONAL AUTONOMY
No full textPurpose: To propose a new model of relations between the central cabinet and local governments in the context of regional autonomy. Measures such as the formation of a linear presidential coalition party with coalition parties supporting regional heads, simplification of political parties, and improvement of the political system aim to create a more harmonious and effective relationship between the two entities in the implementation of public policies in the era of regional autonomy.
Method: The method used in this research is a normative research method using a statutory approach
Results and Conclusion: The relationship between the central cabinet and local governments in Indonesia is influenced by the suitability of supporting political parties. Nonconformity can lead to disharmony. Therefore, a new model of relations is needed that involves a coalition of political parties that are more in line between the cabinet and local governments. Measures such as increasing electoral thresholds, simplifying political parties, and institutional strengthening of political parties are proposed. This is expected to create clarity and enhance cooperation between the two entities for more effective implementation of public policies.
Implications of research: The need for the establishment of a new model of relations between the central cabinet and local governments involving a more conformed coalition of political parties, simplification of political parties in every election, institutional strengthening of political parties, and a shift towards an ideology-based coalition. These measures are expected to enhance harmonization in relations between the two entities, strengthen the political system, and bring clarity in policy formation
INTERNATIONAL ORGANIZATIONS' RESPONSIBILITY FOR THEIR ACTIONS AND ITS RAMIFICATIONS: THE UNITED NATIONS AND THE RUSSIAN-UKRAINIAN WAR
No full textObjectives: The objectives of this study are to examine the international responsibility of international organizations for their actions and to elucidate the conditions under which such responsibility arises. By analyzing the legal nature of international organizations and exploring relevant cases, this study seeks to provide a comprehensive understanding of the legal framework governing the accountability of international organizations in the international arena.
Methods: To achieve the stated objectives, this study employs a conceptual and analytical approach. It involves a comprehensive review and analysis of legal literature, international treaties, judicial decisions, and scholarly articles pertaining to the legal personality and responsibility of international organizations. Additionally, case studies are examined to illustrate the application of legal principles in determining the responsibility of international organizations for their actions.
Results: The analysis reveals that international organizations are recognized as legal entities capable of independent activity separate from member states. Their actions may give rise to international responsibility if they are illegal and in violation of their international obligations. Such responsibility is attributable to the international organization when its representatives or organs are involved in the actions that result in harm to other subjects of international law. However, there are instances where the responsibility of international organizations is not applicable, similar to impediments affecting states' international responsibilities. Recognizing the legal personality of international organizations enables them to have rights and responsibilities, thereby allowing for accountability for illegal actions committed by their employees or organs.
Conclusion: In conclusion, this study underscores the importance of recognizing the legal personality of international organizations and elucidates the conditions under which they may be held responsible for their actions. By providing a comprehensive analysis of the legal framework governing the accountability of international organizations, this research contributes to a better understanding of their role in the international legal system. Moving forward, it is essential to ensure effective mechanisms for holding international organizations accountable for their actions, thereby promoting accountability, transparency, and adherence to international law in the conduct of international affairs
THE CONSEQUENCES OF RECEIVING SOCIAL INSURANCE ONCE IN VIETNAM
No full textObjective: Social insurance policies have played a crucial role as a cornerstone in the social security system, contributing positively to social stability and the realization of goals for a prosperous, strong, fair, democratic, and civilized society. The current legal framework on social insurance in Vietnam stipulates provisions to ensure the rights of workers in all cases, including regulations regarding one-time social insurance cases. Although the significance of receiving one-time social insurance aligns with the legal provisions for each case, the lack of understanding among workers regarding the significance of social insurance policies or their deliberate acceptance of one-time social insurance can have unpredictable consequences for society, the social insurance system, and the workers themselves... The study builds on the situation of receiving social insurance in Vietnam and makes a case study of consequences for once workers receive social insurance suggesting solutions to mitigate the situation.
Method: The study is based on a method to collect secondary data on the status of social insurance once received in Vietnam through data channels. This data is presented and analyzed by the descriptive statistical method (mainly in the form of tables and charts) that will see the situation for receiving social insurance once in Vietnam over time. In order to conduct the research, the method applied in this article is a qualitative method including: The systematic approach to the research materials, legal regulations related to the research; The integrated analysis method is used to analyze and synthesize the situation of receiving social insurance once in Vietnam; The objective methodology is used by the author to argue, the views of the individual, along with the combination of perspectives of other studies of nature to make a broad consensus about a particular problem.
Results: The results of the study show that although social insurance policies were established to protect workers from income risk, they can lead a stable future life. Rules on one-off social insurance regimes can help resolve many special cases of workers. However, research shows that the number of people who choose to receive social insurance in Vietnam in the period of 2014-2023 has increased greatly. The increase of the number of people who receive social insurance once means the increase in the number of people leaving the system, making it difficult to achieve the goal of universal social insurance coverage in the spirit of resolution No. 28-NQ/TW of the XII Central Committee. Actual data suggest that on average 1 new person is entering social insurance, there is 1 old person leaving the system. The number of people withdrawn the following year was always higher than the previous year with an average annual increase of about 10%. The proportion of workers that have returned from social insurance benefits to continue their low participation in social insurance. In the period of 2016-2022, the country had more than 4.8 million workers requesting and resolving social insurance once. After receiving social insurance coverage once, approximately 1.3 million people returned to continue the social insurance penetration. Thus, the proportion of workers who have been remarried to social insurance benefits is 26%, and the remaining 74% of those who have received social insurance benefits once, corresponding to about 3.5 million who do not return to social insurance contributions, meaning that they are not guaranteed short-term benefits in the process of continuing labor such as sickness, maternity, occupational accidents, unemployment and long-term retirement.
Conclusion: Receiving one-time social insurance benefits of workers will have some consequences for the social insurance system, for Society and Workers in the current context of Vietnam population aging trends lead to the number of people who do not have a monthly pension in Vietnam accounting for a large proportion of approximately 10 million people, this shows that the lack of sustainability of the Social Security system in general creates pressure for the community and the workers themselves will not be protected from the immediate benefits and long-term social insurance system
PEACE AND SECURITY, HEALTH AND CLIMATE CHANGE IN SUB-SAHARAN AFRICA
No full textPurpose: Sub-Saharan Africa (SSA) is a region that is most affected by both conflict and climate change, with the Sahel, Southern Africa, and East Africa impacted severely. Research has shown climate change is a ‘threat multiplier’ while low state capability and high poverty are core conflict drivers. However, climate change gradually contributes to political, socioeconomic and environmental insecurity and fragility. This study examines perspectives of peace, security and health during climate change in SSA and explores strategic options for the region.
Theoretical reference: This study is underpinned by the greenhouse effect, which is a theory of anthropogenic global warming (AGW) supported by the Intergovernmental Panel on Climate Change (IPCC).
Methods: This study was grounded in the postmodernist philosophy, and data was obtained using desktop research methodology. This involved reviewing academic studies and grey literature.
Results and conclusion: Conflict prevention measures should ensure that climate change adaptation strategies are effectively implemented because its consequences in the region are now visible. Climate change should not be framed merely as a threat to security but as a security issue, although its role as a threat multiplier must not be trivialised or denied. Some vector-borne diseases sensitive to climate change represent an express cause for health concern, calling for evidence-based solutions.
Implications of the research: Climate change has a multiplier effect on conflict and health concerns, which are less understood.
Originality/Value: Although climate change does not directly cause conflict and health challenges, this study adds to the policy debate and literature by focusing on the indirect effects of climate change on peace, security and health
A NOVEL TREATMENT FOR PTOSIS COMPLICATION AFTER PRESEPTAL CELLULITIS IN DIABETIC PATIENT (CASE REPORT
No full textBackground: Preseptal cellulitis (PC) is an inflammation of the eyelid and surrounding soft tissues covering the anterior portion of the orbital septum (palpebral fascia) characterized by eyelids unilateral swelling, can develop to orbital cellulitis and be fatal for diabetics after complication. Two main mechanisms of the PC development are distinguished. One of them is based on a spread of local infection on the eyelid. The second group of PC causes include eye surgery, trauma or insect bites. In most cases, serious complications are rare, but sometimes sight-threatening infections behind the orbital septum may develop. It is important to be able to distinguish periorbital cellulitis from orbital cellulitis, and treat according to the diagnosis. In this paper, we discuss a case of PC and successful recovery after medical intervention even though due to late presentation to the Clinic, patient developed ptosis. A clinical case of PC developed to complete ptosis, treatment and successful elimination of all residual symptoms in diabetic patient with is described. We used a novel approach to PC treatment and ptosis after PC.
Results: We achieved complete recovery from ptosis after PS in a diabetic patient thanks to novel approach to treatment
Findings: 1. The use of nepafenac instead of diclofenac helps to enhance the effectiveness of treatment and prevent the spread of infection to nearby tissues during PС. 2. For the treatment PC complication, ptosis, we suggest the simultaneous, not separated in time use of proserin in combination with glycine
THEORIES OF FINANCIAL INTERMEDIATION: EVALUATION AND EMPIRICAL RELEVANCE
No full textObjective: The process of credits transfer is often facilitated by the financial intermediaries, including banks and non-bank institutions. his article offers an insight on the various theories of intermediation. The first scrutinises the various theoretical conceptualizations found in varied models which demonstrate the roles of intermediaries. The second offers a concise discuss on the relevance of the theories to current situation of intermediation and intermediaries in Nigeria.
Method: The paper is based on theoretical reviews. The study used the approach to appraise the issues on financial intermediation and of intermediaries.
Result and Discussion: The study finds that financial intermediation is fast changing as new types of economic players enter and new financial tools evolve. Moreso, that the financial markets have become more dominated by extensive intermediaries. We note that the development cryptocurrencies have largely affected the ways of intermediation, and this has effect on asset pricing theory.
Implications: The theory and evidence on financial intermediation have important implications for the capital market.
Originality: The study offers information related to theoretical perspectives on financial intermediation and intermediaries. The value of the paper is evidenced by the fact that it provides background on financial intermediation and intermediaries.
Recommendations: The paper concludes that other means of intermediation that involve decentralised exchanged are continuously developing and this has implications for the current theory of intermediation. The study recommends the need for development of more details theory that consider the nature and effect of decentralised finance and decentralised exchange on the optimality of capital allocation
CONSUMER PROTECTION IN HIRE PURCHASE TRANSACTIONS: A CASE STUDY OF GHANA’S LEGAL FRAMEWORK
No full textObjective: This study critically examines the effectiveness of Ghana's Hire Purchase Act 1974 in safeguarding consumer interests in modern hire purchase agreements.
Theoretical Framework: The focus of analysis is the regulatory framework for hire purchase transactions in Ghana in comparison to UK and Australia.
Method: The methodology adopted for this research comprises [concisely describe the study design, including approach, participants, instruments, procedures, etc.]. Data collection was carried out through [explain the specific methods used, such as interviews, questionnaires, observations, among others.
Results and Discussion: The Act provides fundamental consumer protections through requirements for written agreements, disclosure of terms, and rights to terminate agreements. However, it faces challenges in addressing contemporary market realities, particularly digital transactions, and in providing accessible dispute resolution mechanisms. The study identifies key areas for improvement, including modernization of the Act, introduction of alternative dispute resolution options, strengthening enforcement capabilities, and enhancing consumer education initiatives.
Research Implications: These findings contribute to the ongoing discourse on consumer protection in Ghana and offer valuable insights for policymakers considering reforms to the hire purchase regulatory framework. The research emphasizes the need for a balanced approach that enhances consumer protections while maintaining a vibrant hire purchase market in Ghana.
Originality/Value: Overall, the study offers a unique and valuable perspective on the effectiveness of Ghana's Hire Purchase Act and provides actionable recommendations for improvement
THE MAIN TRENDS AND DIRECTIONS OF THE SUSTAINABLE DEVELOPMENT AND REGENERATION OF THE HISTORICAL ENVIRONMENT
No full textObjective: The purpose of this study is an attempt to reveal and analyze the modern trends and directions of the sustainable development and regeneration of the historical environment
from the point of view of the harmonious combination of new and historical architecture and to define some methodological principles of its design at the different hierarchical levels.
Theoretical Framework: The study is grounded in a thorough literature review that examines existing research and is based on international scientific publications, reports, scientific papers. Diverse practical materials in the area under study were used as well as own experience in designing urban complexes and buildings in the historical environment.
Methods: This study is based on a set of scientific research methods, using an extensive review of literature, Internet resources, and the views of stakeholders. Preference was given to methods such as comparative analysis, synthesis, generalization, complex and systemic approaches.
Results: Research identifies key areas of the development and regeneration of the complexes and buildings in the historical environment, which can be divided into several directions. The features, conditions, and directions of such implementations on various examples are examined in this study. Some methodological principles of designing in historical areas at different hierarchical levels are considered.
Research Implications: Implications of the study: The results and recommendations of this study will be useful for contemporary design practice, may increase awareness of project management in the field of architecture and urban planning, and help to manage practice in this field more effectively