JURNAL CITA HUKUM
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Use of Special Knowledge in the Investigation of Crimes in the Field of Credit
Full text linkBased on the results of the analysis of judicial and expert practice, as well as scientific sources, a study of the problematic aspects of the involvement of a specialist in the conduct of individual investigative (search) actions, the appointment and conduct of expert studies in the investigation of crimes in the field of lending was carried out. It has been established that the existence of schemes of criminal activity is typical for the technology of criminal enrichment through credit and financial transactions, which include appropriation of bank credit resources, fraudulent obtaining of credit, and fraud with financial resources. It was emphasised that clarifying certain circumstances in the mentioned criminal proceedings is impossible without using special knowledge, primarily related to making changes to the relevant official documents. Typical investigative (search) actions are highlighted, in which it is necessary to actively use the help of a specialist, as well as the main areas of application of special knowledge by the parties to criminal proceedings, in particular, the investigator and the defence attorney. The importance of forensic examination (technical examination of documents, handwriting examination, complex forensic dactyloscopy, handwriting and technical examination of documents) is indicated as one of the primary means of obtaining evidence during the investigation of criminal offences in lending. Particular attention is focused on determining the purpose, subject and tasks of technical examination of documents in the investigation of criminal offenses of this category
Artificial Intelligence and the Issue of Information Protection: Legal Aspect
Full text linkThe development and use of artificial intelligence (AI) brings new challenges related to information protection, which is an important concern in the legal context of today\u27s digital era. This article aims to analyse the legal aspects of information protection in the development and application of AI. This research was conducted using qualitative methods through a literature approach and analysis of legislation, both at the national (Russian) and international levels. The analysis results show that the main objects of information protection in the context of AI include trade secrets, professional secrets, and personal data. Therefore, entities holding trade and professional secrets and processing personal data must handle this issue under the applicable legal framework. This article concludes that existing regulations must evolve to accommodate information protection challenges in the dynamic AI ecosystem
A Comparative Legal Analysis of Freedom of Belief and Worship in Turkey
Full text linkFreedom of Belief and Freedom of Worship are interrelated and complementary freedoms. While belief primarily concerns the internal aspect of an individual, their spirit and worship can be seen as the manifestation of belief, transitioning from the abstract to the tangible. Freedom of belief and worship are among the inalienable fundamental rights established in national, regional, and international human rights documents. Recognised as one of the core values of a democratic society, freedom of belief is considered a fundamental right that cannot be restricted, even in times of war or emergency. The scope of these rights and freedoms, as enshrined in the constitutions of modern societies, has expanded over time in favour of liberties through legislative regulations and judicial rulings. Generally, in the decisions of the Turkish Constitutional Court and the European Court of Human Rights, to which Turkey is a party, it is emphasised that the internal aspect of freedom of belief is an inseparable part of one’s personality, making this freedom non-restrictable. However, it is difficult to assert that freedom of worship, which serves as an outward expression of this liberty, is fully guaranteed by the legal system, as it is acknowledged that this freedom can be restricted in line with the requirements of a democratic society. Given that the boundaries of freedom of belief and worship cannot be distinctly defined and that separating these two domains is highly complex, it must be recognised that any intervention or limitation on freedom of worship inevitably impacts freedom of belief. This study will examine international legal regulations on freedom of belief and worship, constitutional provisions, and the decisions of the European Court of Human Rights and the Constitutional Court on this matter. Additionally, progress made in Turkey, along with challenges and shortcomings encountered in practice, will be addressed, and potential solutions will be offered. The topic will also be compared from a religious perspective, assessing the role of religion concerning these freedoms
The Rights of Leave of Absence of Civil Servants
Full text linkCivil officials have several rights conferred by the Constitution as well as by laws and regulations to facilitate the successful execution of their responsibilities. These rights encompass the entitlement to the appointment, provision of service and security, retirement, resignation, the ability to initiate a complaint or legal action, the formation of a trade union, collective bargaining, leave from employment, special considerations in prosecution and trial, protection against accusations and defamation, as well as the right to remuneration and travel expenses. This paper will succinctly examine the overarching rights of federal servants and will thoroughly analyze the "right to leave." Article 50 of the Constitution of the Republic of Turkey ensures employees\u27 entitlement to a day off, while statutory regulations govern paid weekly and annual leave as well as official holidays. Furthermore, Article 23 of the Government Servants Law No. 657 mandates that government servants are entitled to leave under conditions and durations prescribed by law, enabling them to take leave for rest or other purposes. Within this framework, the legislation governs five types of leave: yearly leave, special leave, sick leave, compassionate leave, and unpaid leave. This study employs a qualitative methodology encompassing two primary approaches: a literature review and a legal analysis. The literature review is conducted by examining several academic sources, books, and journals pertinent to the rights of civil servants, particularly the right to quit. This analysis examines the evolution of leave-related rules and regulations across various international contexts and their implementation in Turkey. The legal framework is employed to examine the statutes and regulations pertaining to the rights of government servants in Turkey, encompassing Article 50 of the Constitution and Law No. 657. This article assesses the alignment between legal theory and practice on the right to leave. The study\u27s findings indicate that, despite the legal promise of leave for federal personnel, its execution frequently encounters challenges, particularly concerning the duration and requisite administrative conditions. This paper presents an extensive analysis of government servants\u27 leave rights in Turkey and proposes enhancements for the execution of this right to promote equity and well-being among civil servants
Settlement of Criminal Cases through Integration Customary Law Values Angkon Muakhi in Lampung Province
Full text linkThe current Indonesian criminal law, although it has used the restorative justice method, has not been able to resolve the core of the problem and has not restored balance in society, so the settlement of criminal acts is not complete to the community, the victim and the victim\u27s family. The importance of criminal law policies for the settlement of criminal cases through the integration of Angkon Muakhi law is to realise justice, benefit, balance, and kinship in criminal law enforcement. This research method uses the combined theory paradigm and mixed legal system to generate new ideas in settling criminal cases. This research is normative juridical and empirical juridical research with a socio-legal approach. In-depth interviews were carried out in primary data collection; sources were determined by the snowball method, while secondary data collection was carried out using a literature study. The findings of this study indicate that the enforcement of criminal law at this time still does not involve the community. There are still the rights of victims\u27 families and communities that have not been restored; even though restorative justice has been resolved, it still leaves disputes, seeds of conflict and grudges both from the victim, the victim\u27s family and the surrounding community. Prison sentences are still prioritised in light cases and negligence, both in the investigation process, prosecutors\u27 demands, and the judge\u27s decision. The importance of resolving criminal cases through integrating the customary law values of Angkon Muakhi, which can resolve cases, conflicts, hostilities and disputes between perpetrators, victims and the community
Viewpoints on Ruling by Law in The Philosophical Thought of Han Fei Tzu
Full text linkDuring the Spring Autumn and Warring States periods, when Chinese society was in chaos and instability, Han Fei Tzu proposed a comprehensive view that law is the most effective tool to bring peace, stability, and justice. This approach, which stands in stark contrast to the contemporary emphasis on morality and virtue in governance, holds relevance even in modern times. The primary aim of this study is to elucidate the role of law in politics from a philosophical perspective, with a specific focus on Han Fei Tzu\u27s thoughts on the application of law as the primary instrument in state governance. The study employs a qualitative method, comprising two main approaches: the literature approach and the law approach. The literature approach is used to analyze classical texts and philosophical works that discuss Han Fei Tzu\u27s thoughts on law and governance, and to review modern academic literature that either supports or criticizes his views. Meanwhile, the law approach is used to assess how Han Fei Tzu\u27s proposed concept of law can be implemented in the context of governance and whether its application aligns with modern legal theory. The findings underscore the importance of Han Fei Tzu\u27s thoughts on law, which stress the need for consistency between theory and practice, and the comprehensive enforcement of law without any discrimination. His thinking also underscores the significance of law as a tool of social control that is not contingent on individual morality, but on absolute obedience to the rules set by the state. The study raises several critical questions about the relevance of Han Fei Tzu\u27s views in the context of modern politics, and offers recommendations for further research on the role of law in achieving sustainable political stability
Classification of Circumstances that Contributed to the Commission of a Crime in the Legislation of the Russian Federation
Full text linkIn the article, the authors consider the most pressing issues related to the classification of circumstances that contributed to the commission of a crime in Russian legislation. It is established that the factors that make it possible to classify the above circumstances are: the identity of the suspect (accused); the living conditions and upbringing of the person who committed the crime; the circle of communication of the person who committed the crime; the circumstances of the origin of criminal intent; the circumstances that made it possible to achieve criminal goals; circumstances of an objective nature, the totality of which allows you to commit a specific crime; the absence of preventive measures and preventive work in the presence of appropriate conditions. The authors substantiate the position that the considered factors, according to which the classification of the circumstances under study was carried out, are conditional and are not exhaustive in their essence. At the same time, the classification of the circumstances under consideration by the authors allows the head of the investigative body and the investigator to correctly and competently plan their daily activities aimed at identifying, proving and eliminating them. In conclusion, the authors conclude that the classification of circumstances that contributed to the commission of a crime is necessary to build an algorithm of actions to identify, prove and eliminate them at all stages of pre-trial proceedings in criminal cases. Only when all three dominants are achieved (identification, proof, elimination) will the goals of criminal proceedings be achieved
State’s Management of Belief and Religious Activities according to Vietnam law and role in the direction of cultural activities
Full text linkVietnam’s innovation process, which started in 1986, has created many changes in the country\u27s economic, political, and cultural life while changing the state’s behaviour regarding beliefs and religions. According to the Law on Belief and Religion (2016), many forms of beliefs are recognised, and many religions coexist in Vietnam and have a role in the direction of cultural activities. The Vietnam State also respects the people’s right to freedom of belief and religion. The topic of this study is to focus on clarifying the diversity in people’s beliefs and religious activities as well as the recognition by the State’s legal documents on the diversity of beliefs, many religious organisations as well as the people’s freedom of beliefs, and religion when the country innovation. In this context, information about different types of beliefs and religions, diversity in belief and religious activities, and number of followers will be provided. Then, there is the legal basis of people’s freedom of belief and religious activities; regulations on the organisation and operation of religious organisations will be considered and evaluated. Limitations and shortcomings in religious activities will be discussed; some orientation issues for the state management of beliefs and religions were raised. This study aims to evaluate the positive changes in the State’s belief and religion policy and propose some solutions to improve the State’s management policy and law on belief and religion. This study has important implications for the State to continue to have policies to manage and promote the people’s diversity in belief and religious activities
Principles of law in the legal regulation of social relations in modern conditions: administrative, criminal and constitutional aspects
Full text linkThe purpose of this paper is to conduct an independent study on the position of legal principles in the legal regulation of public relations in the context of digitalization. In writing this paper, the functional research method was used. The functional research method allows for a thorough clarification of the dynamic aspects of legal principles, their practical objectives, their position and role in the law and in other elements of the legal system of society in general, and their impact on social relations in the form of legal regulation and other forms of legal influence (informational, value-oriented, psychological, system-shaping, etc.). Although the role of legal principles in today\u27s various legal systems is not the same, it is nevertheless concluded that legal principles are one of the sources of law practically everywhere, whether nominal or de facto. The importance of legal principles is that they serve as a framework, the basic structure of the legal system; that they are a guide in the process of development and formation of law; that they have a significant impact on the formation of people\u27s legal consciousness; that they can be a direct basis for making individual legal decisions in a particular case; that they can provide a legislative blanks, reflected in the fact that legal principles can be used as a legal basis for considering legal issues, and that legal principles contribute to the correct interpretation of legal norms while they serve as a source of law
State’s Obligation to Protect Human Rights in Business Activities According to the Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect, and Remedy Framework - Recommendations for Vietnam
Full text linkThe state’s duty to protect human rights in corporate activities, as outlined in the UN Guiding Principles on Business and Human Rights (UNGP), is essential in promoting, respecting, and safeguarding human rights within the business sector. This article examines the state\u27s obligations under the UNGP in the context of corporate activities. It connects this analysis with the development and application of a National Action Plan (NAP) based on the general provisions of the UNGP. Employing a qualitative research methodology, the study utilises a doctrinal approach to analyse international legal instruments, national policies, and academic literature related to the UNGP framework. Additionally, the article incorporates a comparative approach, reviewing examples of NAP implementation in various countries to provide practical insights for Vietnam. The findings emphasise aligning Vietnam\u27s legal and policy frameworks with the UNGP to enhance corporate accountability and human rights protection. The study concludes with several actionable recommendations for Vietnam to implement the UNGP effectively, considering its unique socio-economic context and the demands of global development. These recommendations aim to strengthen Vietnam\u27s capacity to address human rights challenges in corporate practices and contribute to its sustainable development goals