JURNAL CITA HUKUM
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Protection of the Rights, Freedoms and Interests of Ukrainian Citizens in Court Proceedings During the War
Full text linkThe article aims to reveal access to justice during wartime in cases related to protecting citizens\u27 rights, freedoms and interests. Active hostilities are taking place in most regions of Ukraine, making it impossible to deliver justice in administrative courts. However, the High Council of Justice has resolved this issue properly, so access to justice in Ukraine during wartime in cases related to protecting citizens\u27 rights, freedoms and interests is currently possible following the Constitution of Ukraine. Courts are obliged to administer justice even under martial law, and their powers are not suspended. To ensure access to the Court, the Supreme Court changed the territorial jurisdiction of about one hundred courts in Ukraine. In connection with the introduction of martial law in Ukraine, all procedural terms shall be renewed, consideration of cases shall not be stopped, and excessive formalism on the part of judges shall not allowed. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, and methods of analysis and synthesis. The article analyzes the Decision of the ECtHR, and based on this, the author concludes that the ECtHR considers financial costs as an obstacle to accessing justice. Access to Court is adequate only when a person will have a real opportunity to challenge wrongful actions in practice. According to the ECtHR, the construction of Article 6 of the Convention is effective only if the case is considered in Court. The ECtHR singles out the right to access the Court as a component of the right to a fair trial. Attention is drawn to the fact that courts must take all measures to restore violated rights
Revenues and expenditures of the state and local budgets in Ukraine in peacetime and under martial law: regulatory and legal provisions
Full text linkMartial law dictates the need to guarantee the proper level of execution of the state and local budgets, as well as to identify and attract additional sources of income and implement a rational and economical concept of expenditures. The level of coherence and efficiency of interaction between participants in the budgeting process determines the possibility of maintaining financial stability and avoiding macroeconomic imbalances. This article analyses Ukraine\u27s budgetary sphere\u27s regulatory revenues and expenditures during peacetime and wartime. The study involved general scientific methods, including analysis, synthesis, comparison, abstraction, specification, and generalisation. This research analyses the current state of regulatory and legal support of the state and local budgets. It outlines the concept of budgetary resource management in wartime. The author has found that the realities of wartime have led to some changes regarding filling budgets and forming expenditures. The study identified signs of budget deficit and specific issues that arise in contrast to peacetime processes. The author analyzed the indicators of the consolidated budget for pre-war and wartime and studied the vector of financial budget differentiation by sectors and programs. It is determined that the share of expenditures of the State Budget of Ukraine is focused on ensuring Ukraine\u27s defence capability, which is dictated by wartime. The author has outlined the specific features of forming the local and State budgets during wartime, and the main issues of this process have been highlighted. In addition, the author formulated the main priority areas of optimisation in budgeting during wartime and in the context of further socio-economic development
Digital Data Collection of 3 kg LPG Purchasers - Transformation of 3 kg LPG Subsidy as Implementation of the Minister of Energy and Mineral Resources Decree No. IX.37.K/KMG.01/MEM.M/2023
Full text linkThe energy needs, especially for subsidized LPG 3 kg, have increased by more than 700% compared to the initial program of kerosene-to-LPG conversion in 2007. The 3 kg of LPG distribution is now widespread across almost all of Indonesia. Currently, 95% of LPG usage is subsidised category. As a result, subsidies for 3 kg of LPG have consistently risen annually. Meanwhile, the price gap between subsidised and non-subsidised LPG has widened, leading to widespread illegal filling practices. Ironically, eligible citizens often struggle to obtain 3 kg of LPG, due to broad criteria allowing almost anyone to purchase it. This study aims to analyze government policies aimed at more targeted subsidy transformation. Utilizing a juridical-normative research method, it examines the regulations governing the distribution of 3 kg LPG and the underlying policies for subsidy transformation. The desired outcome is for the government to ensure that the subsidy for 3 kg of LPG reaches its intended targets through adequate regulations. Revision of Presidential Regulation 104/2007 is necessary to clarify the criteria for 3 kg LPG users and enable effective implementation. Ministerial Decision No. 37.K/MG.01/MEM.M/2023 mandates businesses to gather buyer data via web-based applications, allowing cross-referencing with welfare rankings from relevant ministries/agencies based on buyer names and addresses. The digitalisation effort by government-appointed entities in data collection for 3 kg LPG buyers aims to ensure that subsidies reach the eligible Indonesian citizens
Restitution as a Prerequisite for Case Termination: Analyzing Conditional Exoneration in Russian Criminal Procedure
Full text linkIn this scholarly article, the researchers methodically examine the protocols involved in discontinuing criminal cases through the conciliation of the involved parties, as well as ceasing criminal prosecution on the grounds of active contrition, contingent upon the pivotal requirement of recompensing the damage inflicted by the criminal act. The study substantiates that the investigator, or the individual responsible for the preliminary inquiry, bears the mandatory duty to ascertain, via investigative measures, that the injury wrought by the criminal offence has been comprehensively redressed. The authors delineate that the transcript of the victim\u27s interrogation is the most prevalent procedural document, signifying that the conciliation procedures are mutually satisfactory, voluntary, and indicative of the parties\u27 willingness and preparedness to reconcile. Conclusively, the authors infer that exemption from criminal accountability and the consequent cessation of the criminal case, predicated upon reconciliation or earnest remorse, is contingent upon the substantiated evidence of actual compensation for the harm engendered by the criminally punishable deed
Legal Regulation Experience of Individual Countries of The European Region Regarding Implementation of International Standards for Ensuring Criminological and Criminal-Legal Protection of Justice
Full text linkThe article describes the experience of Germany and Austria in implementing international standards for ensuring criminological and criminal-legal protection of justice. A set of general scientific and specific scientific research methods were used in the preparation of this article to define special subjects authorised to carry out such criminological activities, peculiarities of their interaction with the police and other law enforcement agencies, to reveal the content of legislative mandates regarding organisation and functioning of the Court Security Services and their counterparts, as well as that of the legislation on criminal liability for criminal offences against justice. The purpose of this work is to determine promising directions for increasing the efficiency of implementing criminological and criminal-legal protection of justice by authorised subjects in Ukraine, which has become especially important in the sphere of ensuring national security under martial law, taking into account positive experience of such European region countries as Germany and Austria regarding implementation of international standards recognised by the international community in this area. Based on the results of the research, prospective directions for improving the activity of the Court Security Service of Ukraine, its interaction with the National Police and other subjects of the state sector and non-state sector in the provision of criminological protection of justice, as well as the legislation of Ukraine on criminal liability for criminal offences against justice, taking into account experience of Germany and Austria regarding implementation of standards recognised by the international community in this area
Criminal Liability for Establishing the Criminal Impact of Russia\u27s Armed Aggression Against Ukraine
Full text linkRussia\u27s aggression against Ukraine emphasised the question of criminal accountability for acts committed during the war. The research aims to study international legal norms regarding avoiding criminal penalties for developing criminal influence on Russian military operations against Ukraine. Implementing such a task involves using the scientific method of content analysis to review legal sources and specialised literature and compare existing practices and innovations in the legal sphere. The results noted that Russia\u27s armed aggression created favourable conditions for activating criminal groups that use the unstable situation to establish their influence. Under such circumstances, establishing criminal influence has a tangible negative impact on stabilising the existing situation. To counteract such negative phenomena at the national level, there is talk of strengthening criminal responsibility for committed offences, strengthening coordination actions between law enforcement agencies, strengthening institutional capacity, and intensifying international support. Besides, the experience of some European and Asian countries, where a criminal punishment is prepared just for admitting one belongs to the criminal world. The conclusions indicate that applying such experience, however, requires caution since, in martial law, it is important to counter also other manifestations of criminal influence – corruption and abuse
International Relations in the Perspective of Fiqh al-Siyasah
Full text linkThis article analyses the concept and practice of international relations according to fiqh al-siyasah, which is related to war and peace, international law, diplomacy, and international cooperation. This study emphasises the normative concept of international relations (al-‘alâqât al-dauliyyah) using international relations studies and international law. Thus, the sources of data or information in this study are the Quran, Hadis, the opinions of Muslim scholars (ulama) and theories of international relations and international law. Since the beginning, Islam has provided guidelines on relations between groups and kingdoms, which in today\u27s context refer to international relations. In addition to the principles of international relations, the Quran and Hadith also provide normative references, which the Muslim scholars formulated as international law. Philosophically, there is a difference between secular international law and Islamic law derived from revelation understood by contextual ijtihad. However, at present, the majority of Muslim scholars believe that, in general, there is compatibility between the principles of modern international law and the principles of Islamic law, especially in the form of agreements (\u27uhûd and mawâtsiq), customs (\u27âdât), and ratio (\u27aql), which also recognised by Islamic law
Judge\u27s arguments in decisions involving Sharia economic disputes in the regional religious courts of Jakarta, 2015–2022.
Full text linkJudges must be capable of settling sharia economic issues without departing from accepted sharia principles. When weighing each decision, the judge takes into account the DSN-MUI Fatwa, which serves as a manual and a mechanism for the implementation of sharia economic activities in Indonesia, as well as KHES, which serves as the primary legal framework for religious courts handling sharia economic disputes. This study intends to map the judges\u27 arguments in sharia economic issues and explain how the National Sharia Council-Indonesian Ulema Council (DSN-MUI) Fatwa and the Compilation of Sharia Economic Law (KHES) are applied in Religious Court rulings involving sharia economic disputes. A qualitative approach is applied in the study methodology, which is normative legal research. The study\u27s findings demonstrate that the judges\u27 arguments in sharia economic matters in the Jakarta Regional Religious Court jurisdiction reflect their own viewpoints. The judge\u27s arguments in the five Religious Courts in the Jakarta region frequently reference the Civil Code for legal justifications. The DSN-MUI Fatwa and KHES must be applied as effectively as possible. The use of KHES is only used in specific articles, namely using Articles 36 and 38 of the Compilation of Sharia Economic Law and the DSN-MUI Fatwa, which is mostly used in matters of compensation or ta\u27widh or sanctions for customers who are unable to fulfill their obligations, according to an analysis of sharia economic case decisions at the Jakarta Regional Religious Court
Legal Regulation of Ensuring Human Rights in Ukraine During The Introduction of Martial Law: Constitutional, Administrative and Theoretical Aspects
Full text linkThe purpose of the article is to reveal the provision of human rights in Ukraine under the conditions of martial law. Human rights and freedoms are the highest value, but their characteristic feature, as a fundamentally important feature of a progressive society, consists in historical instability, variability and subordination to socio-economic processes in the state, which contradicts the established principles of humanism but remains typical in war conditions. Within the scope of the scientific study, it was determined that human rights have a characteristic of evolution together with society and the state, and therefore, taking into account the complexity of the events taking place on the territory of modern Ukraine, the study of the available range of problems has a particularly important scientific and practical role. A study of the available range of problems was carried out using comparison, abstraction, analysis, and generalization methods. In the course of the study, the essential characteristics of the social category were determined, particularly the theoretical and methodological foundations of ensuring observance of human rights in conditions of martial law (the regulatory and legal basis). Summarizing the events taking place in Ukraine as a result of the treacherous armed aggression of the Russian Federation, it was concluded that under conditions of war, human rights are of the highest value
Forest Conservation and Development in India– An Analysis of the Forest Rights Act, 2006 and Its Impact on the Forest System
Full text linkDevelopment of any kind is seen as a destroyer of the environment. Development affects the environment, ecology and climate. However, it is necessary for the progress of human beings and, consequently, any country. This gave rise to the concept of sustainable development. Sustainable development is development which fulfils the needs of the present generation while protecting the environment for the needs of the future generation. In India, there are many laws protecting and safeguarding the environment. Many of those laws provide exceptional circumstances under which the environment can be harmed. Most of the time, it is for the public\u27s development. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act, 2006, recognises the rights of forest dwellers over forest land and forest resources for life, habitation and livelihood. These forest dwellers are required by the Act to conserve the forest. It provides for the management of forest and forest resources for the sustainable use of forest dwellers and, at the same time, the protection of the forest. The Act requires the Gram Sabha to conserve and protect biodiversity, wildlife, and forests. The Act also makes provisions for allocating forest land for development purposes. When the law recognises the right of forest dwellers to reside on forest land, it necessarily follows that development facilities like education, roads and others shall be made available. So, the Act recognises the right of forest dwellers over forests and provides for basic developmental facilities for the use of forest dwellers. This research paper analyses the long-standing conflict between environmental law providing for the conservation of the environment and development. It will critically analyse the Forest Rights Act 2006 provisions on the diversion of forest land and a few Supreme Court of India judgments