JURNAL CITA HUKUM
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Implementation of the Principle of the Rule of Law In the Criminal Process of Ukraine under Martial Law
Full text linkThe scientific article focuses on the theoretical and applied problem of applying the rule-of-law principle in the criminal process in Ukraine under martial law. It is stated that in such critical conditions for Ukraine, most elements of the rule of law are negatively affected in the form of relevant restrictions, the necessity of which is of an objective nature due to the need to prevent global threats to the independence and territorial integrity of the state, repel armed aggression, ensure national security, as well as real and potential threats to human rights and freedoms. It is emphasized that to prevent violations of constitutional rights and human liberties, the problem of combating crime and protecting human rights under special legal regimes should be solved through such interrelated components as: legislative establishment of permissible restrictions on rights; creation of a mechanism for monitoring the adoption of measures that provide for limitations on rights; activities of institutions that ensure the protection and restoration of violated rights. It is concluded that in connection with the military events in Ukraine and numerous facts of committing illegal acts, it is essential to ensure not only the effective investigation of criminal offenses, the preservation of evidence, and ensuring the proper quality of investigative (search) actions, but also compliance with the rule of law and other principles of criminal justice. This requires a comprehensive approach: improving criminal procedural legislation, involving international organizations, and enhancing the skills of justice and law enforcement officials. It is emphasized that, under such conditions, international cooperation in criminal proceedings is of great importance to Ukraine and helps improve both the regulatory framework and practical experience. It is summarized that to unconditionally bring to justice those responsible for committing war and other crimes on the territory of Ukraine, criminal proceedings must be conducted in accordance with the general standards, requirements, and procedures of international judicial institutions, which will testify to the rule of law in the country, even in conditions of forced restriction of the rights and freedoms of citizens
Legal Reconstruction of Employee Shareholder Protection through ESOP Program from Termination of Employment
Full text linkArticle 43, paragraph 3 of Law Number 40 of 2007 concerning Limited Liability Companies allows an employee to become a shareholder of the company through the ESOP (Employee Stock Option Program). In practice, an ESOP by companies is stated in a stock option agreement that outlines the rights and obligations of employees concerning the stock options. The position of employees will certainly not be exempt from the HR management policies carried out by the company, including the Termination of Employment policy. Compensation as an employee\u27s right when Termination of Employment occurs is Severance Pay, Long Service Award Pay, Replacement of Rights, and Separation Pay if entitled only to Separation Pay. This study aims to examine and find forms of legal protection and find weaknesses in legal protection for employee shareholders (ESOP) when laid off, and to find efforts to reconstruct legal protection for employee shareholders (ESOP) when laid off. This research is normative juridical. Using secondary data as the primary source, the research was conducted through document studies via library research, employing both statistical and conceptual approaches. The results of this study are: first, that the legal provisions regarding layoffs of employees who are also shareholders of the company through ESOPs in Government Regulation Number 35 of 2021 concerning Fixed-Term Employment Agreements, Outsourcing, Working Hours and Rest Periods, and Termination of Employment have not been able to provide maximum legal protection for the rights of employees who are also shareholders. The current reality is that when ESOP employees are laid off, the company only relies on their employee status, the reason for the layoff, and the rights clearly stated in the legislation. Second, the research findings indicate that the reconstitution of Article 40 paragraph 4 letter (c) of Government Regulation 35 of 2021 aims to provide certainty and legal protection for ESOP employees in the event of layoffs by the company
Legal status of victims of sexual and domestic violence in armed conflict: international legal standards and Ukrainian practice
No full textThe 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. Directions for improving the Ukrainian legal system are proposed: creation of a unified system for documenting crimes of sexual violence, improvement of interdepartmental coordination, expansion of victims\u27 access to free legal aid, training of specialized investigators and prosecutors
Resocialization Of Convicts in The Czech Republic: The Role of The Prison System in Promoting Reintegration into Society
Full text linkThe article focuses on the execution of imprisonment in the Czech Republic, its objectives and responsibilities in the context of promoting the reintegration of convicted persons into society. The main mission of the prison system is not only to ensure the safety of society and protection from offenders, but also to provide systematic social support and penitentiary care. Specially trained staff help convicts to understand their behaviour, the reasons for breaking the law and to acquire new moral standards, skills and knowledge. This approach emphasises the transformation of convicts, with the aim of reducing the risk of reoffending and facilitating their return to society as active, independent and contributing members. The practical and social-adaptive skills developed during their sentence are crucial for their successful re-socialisation and minimising the risks associated with re-offending. The study offers insight into the principles and practices of the Czech penitentiary system, with an emphasis on its rehabilitative and preventive functions. The current Russo-Ukrainian war has caused an influx of Ukrainian refugees, including those who may have committed crimes in the Czech Republic. This situation places increased demands on the prison system, which must respond not only to the general needs of convicts, but also to the specific challenges arising from their cultural, legal and social context
Developing a Framework for Fraud Risk and Financial Crimes Platforms in Companies Based on Managerial Cognitive Styles
Full text linkThere has been a rise in financial misconduct and white-collar crimes in today\u27s competitive economic landscape. The notable surge in observed accounting fraud cases has drawn significant attention from investors, academic researchers, the media, the public, and financial regulators. This study aims to develop a model to mitigate fraud risk in companies, grounded in managers\u27 cognitive styles. A qualitative grounded theory approach was employed to construct this model, and the categorized indicators were validated using both a confirmatory factor analysis model and the Q-model approach. In this study, insights from 10 accounting and auditing professionals were used to identify and validate indicators aligned with the foundational model. Based on identified concepts related to fraud risk platforms, the findings led to the formulation and validation of a paradigm encompassing 22 primary categories. These categories include Supervisory, Economic, Political, and Social Factors, Managerial Pressure, Organizational Determinants, Management Cognitive Style, Governance Factors, Corporate Structural Variables, Managerial Motivational Drivers, Industry-Specific Factors, Legislative and Regulatory Framework, Employee-Related Determinants, Individual-level Determinants, Cultural Influences, Managerial Incompetence, Financial Literacy of Executives, Ethical Considerations and Organizational Commitment, Organizational Consequences, Ethical Consequences, Effectiveness Strategies, and Organizational Efficiency Strategies. These categories were incorporated into the paradigm framework as dimensions of causal conditions, contextual factors, intervening factors, strategies, and outcomes. The categorization of indicators in this proposed model was validated through confirmatory factor analysis with Smart PLS, further reinforcing the findings
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
No full textThe 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. The scientific novelty lies in the comprehensive analysis of the transformation of Ukraine’s social policy during martial law, taking into account the factors of territorial isolation and digital inequality. Conceptual directions for reforming the social security system are proposed, based on the principles of inclusiveness, intersectoral interaction, and international cooperation
The Role of Gakkumdu Bawaslu East Jakarta In Law Enforcement of Election Crimes
Full text linkLaw enforcement of election crimes is a critical aspect to ensure the creation of a fair, honest, and transparent democratic process. This research discusses the role of the Integrated Law Enforcement Centre (Gakkumdu) under Bawaslu East Jakarta in handling and resolving cases related to election crimes. Gakkumdu Bawaslu East Jakarta is mandated to address various violations, including administrative breaches, code of ethics violations, and criminal acts within the electoral process. This study aims to identify how Gakkumdu East Jakarta carries out its preventive and enforcement functions, as well as to analyse the challenges encountered in implementing these tasks. The research adopts a qualitative method with a literature and legal approach, utilising secondary data sources such as official documents, reports, regulations, and interviews with related stakeholders. The findings reveal that Gakkumdu East Jakarta plays a pivotal role in maintaining electoral integrity by actively monitoring, investigating, and processing election violations. However, several obstacles persist, notably limited human and financial resources, the complexity of legal procedures, and challenges in inter-institutional coordination between Bawaslu, the police, and the prosecutor’s office. This research emphasizes the need for improved institutional synergy, capacity building, and clearer regulatory frameworks to enhance the effectiveness of Gakkumdu’s performance in future elections. Strengthening these aspects is vital to upholding democratic values and ensuring that elections run according to the principles of fairness and justice
Control over the activities of public administration bodies (prosecutor\u27s office, police, local authorities): legal regulation, administrative, land, financial aspects and prospects for development under the martial law of Ukraine
Full text linkThe purpose of the study is to consider issues of administrative, land, financial regulation and foreign experience in controlling the activities of public administration bodies (prosecutor\u27s office, police, local authorities). Main content. The main assessment measures are defined to ensure the effectiveness of control measures. This assessment is carried out on the following stages: determination of quantitative and qualitative parameters for evaluating the effectiveness of control; assessment of the competence of the control bodies or assessment of the effectiveness of internal and external control, etc. Methodology: The methodological basis of the study is comparative legal and system analysis, formal legal method, interpretation method, hermeneutical method, as well as methods of analysis and synthesis. Conclusions. It is concluded that in order to assess the effectiveness of regulatory authorities, it is proposed to improve the following criteria: quality and completeness, reliability of information received by regulatory authorities; timeliness of control, regularity of control, objectivity of control, simplicity of control measures.Keywords: Administrative regulation, land law, legal principles, foreign experience, control, state administration, financial legislation, legislation, prosecutor’s office, police, local self-government
Combating and Preventing Corruption in Local Government: Foreign Experience, Administrative, Legal and Criminal Aspects
Full text linkThis article is devoted to the negative impact of corruption on the efficiency of the state, the ability of the state to govern, and the deterioration of public life organisations during wartime in Ukraine. The prevention of corruption risks in local government organisations should be carried out by the authorities exclusively at the level of legislative acts. It must comply with the principles of the rule of law and relevant state security. This article presents a detailed analysis of Ukrainian legislation to prevent corruption risks in local self-government organisations (within the administrative and criminal law). It is concluded that strengthening liability for corruption under martial law in Ukraine is fully justified, as it aims to prevent the “reduction” of international aid in wartime, equating corruption with cooperation with the enemy and delivering preventive strikes. A scientific vision of the legislative approach to solving the problem of fighting corruption in Ukraine has been developed, considering the realistic goals of such activities and the war in Ukraine. The following aspects of the legislative approach to the fight against corruption are taken into account: anti-corruption mechanisms at the legislative level and in the activities of executive authorities; formation of an effective system of state bodies that implement the state policy in the field of combating corruption risks; bringing individuals to responsibility for corruption through imprisonment and other measures; intolerance of the population to corruption during the war, etc. Attention is drawn to the need for states to comply with international standards, namely the recommendations of GRECO and the Istanbul Action Plan of the OECD Anti-Corruption Network
Complete the Law on Contracts for Sale and Purchase of Goods in accordance with Vietnamese Law
Full text linkThis study explores the role of economic law in promoting Vietnam’s economic growth and global integration, particularly focusing on the legal framework governing international contracts for the sale of goods. Using a qualitative research method with a normative-juridical and comparative approach, the study analyzes legal documents, case studies, and expert opinions to identify weaknesses in Vietnam’s current economic law system. Through in-depth interviews with legal scholars, business practitioners, and policymakers, as well as content analysis of international trade agreements, the research examines how inconsistencies in legislation and differences in legal interpretation often lead to contractual disputes and economic inefficiencies. The findings reveal that improving Vietnam’s economic law requires not only legislative reform to ensure consistency, transparency, and conformity with international legal standards, but also enhanced legal literacy among enterprises. By understanding and applying the law correctly, businesses can better safeguard their rights and optimize their participation in international trade. The research highlights the need for comprehensive legal education, institutional support, and harmonization efforts to strengthen Vietnam’s commercial legal infrastructure. Ultimately, the study concludes that aligning Vietnam’s economic law with international norms will promote more effective and sustainable global economic integration, boost investor confidence, and contribute significantly to the nation’s long-term economic resilience and competitiveness in the global market