scholarly journals THE IMPACT OF PANDEMIC ON LEGAL SYSTEM: IMPACT ON ARBITRATION LAW

2020 ◽  
Vol 13 (2) ◽  
pp. 137-150
Author(s):  
Huala Adolf
Keyword(s):  
Legal System ◽  
The State ◽  
Judicial System ◽  
Broad Sense ◽  
System A ◽  
Force Majeure ◽  
Settlement Of Dispute ◽  
The Impact ◽  
System Impact

One of the impacts of the outbreak of COVID-19 is the state legal system. Legal system in a broad sense consists of legislation, the state’s legal personnel (executive) and the judicial system. A part of the judicial system is a private settlement of dispute by arbitration. Arbitration is subject to the arbitration law. The COVID-19 has forced the closure of the arbitration proceedings. This is a problem for arbitration. This article tried to analyse the possible solution to the closure of the proceedings. This article used the normative method by analysing the existing arbitration law and arbitration rules. This article argued, although arbitration may not be able to be commenced amid pandemic, that future arbitration law (and amendment of existing arbitration law) should foresee feasible events with a smaller ”pandemic”, i.e., epidemic and other force-majeure related events. This article recommended firstly, the introduction of provision(s), which recognizes virtual arbitration. Secondly, changes of some procedural issues in the arbitration proceedi ngs.

Ensuring food security amid the spread of COVID-19

Ekonomika APK ◽  
2021 ◽  
Vol 321 (7) ◽  
pp. 16-27
Author(s):  
Mykola Pugachov ◽  
Olha Khodakivska ◽  
Oleksandr Shpykuliak ◽  
Nataliia Patyka ◽  
Olena Hryschenko
Keyword(s):  
Food Security ◽  
Food Products ◽  
The State ◽  
Practical Significance ◽  
Economic Science ◽  
Political Factors ◽  
Healthy Nutrition ◽  
Economic Methods ◽  
Force Majeure ◽  
The Impact

The purpose of the article is to carry out an analytical assessing the impact of the COVID-19 pandemic on the level of food security in Ukraine. Research methods. The research was based on general scientific and economic methods, the creative heritage of the founders of economic science, publications of Ukrainian and foreign scientists on the impact of quarantine restrictions related to the spread of the COVID-19 pandemic on the level of food security of the country, regulatory legal acts, data from the State Statistics Service of Ukraine, electronic resources and other sources. The monographic approach is used to analyze the dynamics of the actual consumption of agri-food products and the level of food independence for individual agri-food products. Normative and positive approaches are used to highlight real risks and threats to food security. A number of techniques of abstract-logical tools made it possible to make a scientific and applied generalization of the material presented, to formulate intermediate and final conclusions and proposals. Research results. An analytical assessing the impact of the COVID-19 pandemic on the consumption of agri-food products and the level of food independence for individual agri-food products has been carried out. It has been proven that Ukraine produces enough food to ensure healthy nutrition for citizens. It has been determined that due to the low purchasing power of the population, groups of citizens with low incomes have limited access to essential agricultural and food products. In the medium and long term, there will be a shortage of food resources and global food inflation, the situation in agricultural markets will remain unstable, and trade will continue to develop under the influence of not only competition, but also political factors. Scientific novelty. The theoretical and methodological provisions, scientific, methodological and practical approaches to determining the factors of influence of quarantine measures and the spread of COVID-19 to the level of food security of the state have been substantiated. Assessing the impact of quarantine measures and the spread of COVID-19 on food security made it possible to identify the main risks of ensuring the country's food security. Practical significance. The applied aspects of the study can be taken into account in the formation of programs for the socio-economic development of the agri-food sector of Ukraine, which will increase the effectiveness of state initiatives aimed at ensuring food security of the state and increase the country's readiness for force majeure threats. Tabl.: 7. Figs.: 3. Refs.: 17.

scholarly journals Historical evolution of the judicial system of Ancient Russia in the aspect of customary law

2021 ◽  
pp. 126-131
Author(s):  
Nan Gong ◽  
I. I. Fedorov
Keyword(s):  
Coercive Force ◽  
Legal System ◽  
The State ◽  
Judicial System ◽  
Customary Law ◽  
Positive Law ◽  
Feudal Society ◽  
Self Defense ◽  
Primitive Society ◽  
The Social

The formation of the Russian procedural legal system is closely connected with its unique historical evolution. Russian Russian culture According to the Norman theory of the origin of the Russian nation, the Scandinavian culture is the most important source of early Russian culture. During the chaotic period of the tribe at the stage of primitive society, the Norman Varian was invited to Russia to reconcile the tribes of Russia and manage them, and this brought the Germanic custom to regulate the socio-economic and legal relations of various tribes. Since the formation of the ancient state of Russia, the ruling class has constantly strengthened the drafting of new laws and regulations, but customary law still dominates the legal system of the state. At the same time, ordinary norms in the system of customary law as a quasi-legal norm between morality and law have become an integral organic component of social customs and norms at all stages of Russian social development.During the period of Ancient Russia, the common custom of the Slavic people and the Norman Customary Law had a profound impact on the social life of ancient Russia. From the beginning of the 9th to the 17th century, customary law existed as the main legal source for regulating social relations in the late period of the development of Russian primitive society and in the earlier time of feudal society. His coercive force was based on the conviction that was widespread in the social community during this period, that is, "existing customs denote a reasonable basis". With the formation of the East Slavic state, the rulers began to work on drafting new legal norms, but inheritance is still mainly based on customs based on the clan system. As a result, as a rule of conduct recognized and guaranteed by the state, traditional customs gradually acquired a legal nature, and after that, positive law was formed. "Russkaya Pravda" is the most representative legal collection in the early years of the Russian feudal society, "The Truth of Ross", which was compiled according to the customs of the Eastern Slavs, and is the very fi rst positive law of ancient Russia.Before the appearance of formal law, customary law always played a role and coercive force as legislation, but the self-defense and insane methods of revenge obtained from it also caused social unrest. In order to stop personal self-defense and self-arbitrariness, as well as to strengthen ties between different regions, it is necessary to use the power of common law to unite the Principality into a whole. Although the new law does not exclude the original good customary norms, if there are no necessary penalties for violations, it will be destructive for the law. Therefore, it is necessary to give customary law a legal meaning and a compelling force, without changing the existing content of customary law.I must say that the German customs and the traditional customs of the Slavic people are intertwined in the historical codifi cation of Russian procedural law, forming a unique historical path of development of the procedural legal system of ancient Russia. Although national customs were recognized by the state in the form of positive law with the help of " Russian Truth”, and became the norm of justice and social norm on the basis of the guarantee of national coercive force, but this did not change the essence of customary law, but the form of positive law was given to it. As the modernization of the Russian judicial system moves into modern times, generations of legislators and lawyers are focusing on the study of national legal traditions and history, trying to discover the natural laws governing the development of the Russian legal system, and are constantly trying to make progress in the modern and modern process of judicial reform. The harmony of legislation, the borrowing of laws and national customs to a certain extent ensured a reasonable adjustment of national laws and norms of customary law.

scholarly journals "Treaty Principles": Constitutional Relations Inside a Conservative Jurisprudence

2008 ◽  
Vol 39 (1) ◽  
pp. 39
Author(s):  
PG McHugh
Keyword(s):  
New Zealand ◽  
Legal System ◽  
The State ◽  
Political Life ◽  
The Past ◽  
Broad Field ◽  
The Impact ◽  
Court Of Appeal

This article looks at the impact and afterlife of the groundbreaking Maori Council judgments handed down in the late 1980s by the Court of Appeal presided by the late Sir Robin Cooke (as he then was). This article refutes any notion of constitutional relations with Māori being founded on race despite unilateral (and long discarded) legal design tending towards that characterisation. The true pattern has been iwi-based and it has arisen from the continuity of whakapapa in the organization of Maori political life and relations with the state notwithstanding meddlesome but ultimately ineffectual legislative attempts to dilute tribalism. Over the past twenty plus years, the Treaty claims processes initiated in 1985 have accentuated and revitalised that tribalism. Far from licensing judicial interventionism "Treaty principles" are part of an embedded and conservative jurisprudence of Māori affairs. Their elimination from legislation would amputate a major segment of that jurisprudence. The courts, whose profile in this broad field (Treaty claims processes most notably) is mostly a resiling one, would respond by generating their own version. The legacy of Sir Robin Cooke’s court is deep-rooted and thoroughly integrated into the New Zealand legal system.

scholarly journals The Jewish Verfassung, the Israeli nomos: the constitutional situation of the beginnings of the State of Israel in the context of Carl Schmitt's political and legal philosophy

2021 ◽  
pp. 1-21
Author(s):  
Wojciech Engelking
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Philosophy ◽  
Constitutional Theory ◽  
National Community ◽  
The Earth ◽  
Arab Origin ◽  
The Impact ◽  
State Of Israel ◽  
Basic Matter

Abstract The paper is an attempt to examine how Carl Schmitt's constitutional theory can be useful to analyse the Constitution of the State of Israel designed in the late 1940s – the impact of which Jacob Taubes once certified. The author analyses three projects created then by Leo Kohn through the prism of Schmitt's concept of Verfassung and Verfassungsgesetz. He also reads in the context of Schmitt's philosophy (from Constitutional Theory and The Nomos of the Earth) the constitutional situation of Israel as a country where, first, the Constitution has not been passed and the basic matter of its legal system is regulated by the Basic Laws; second, citizens of Arab origin are excluded from the national community; and third, the borders of the state remain fluid and change due to the constant partition of the land.

The judicial system at the stage of the formation of the Soviet state as the most important element of the state legal system: the activities of the revolutionary tribunals

2022 ◽  
pp. 115-121
Author(s):  
I. D. Changli
Keyword(s):  
Legal System ◽  
Legal Regulation ◽  
The State ◽  
Judicial System ◽  
Soviet State ◽  
Early Stages ◽  
Further Development

This article examines the main historical, ideological, social and other factors that determined the emergence of the judicial system of the Soviet state (RSFSR) during its formation in 1917-1922, as well as the main patterns of its further development, features of legal regulation of the activities of courts and extraordinary judicial bodies, as well as the views of Soviet jurists on the essence and importance of courts in building socialism in the early stages of its development.

scholarly journals The Islamist Trend in Egyptian Law

2010 ◽  
Vol 3 (3) ◽  
pp. 610-630 ◽  
Author(s):  
Tamir Moustafa
Keyword(s):  
Legal System ◽  
Legal Profession ◽  
The State ◽  
The Political ◽  
The Past ◽  
Islamic Jurisprudence ◽  
History Of ◽  
Socio Economic Variables ◽  
The Impact ◽  
Principle Source

AbstractThe past four decades have witnessed profound transformations in the Egyptian legal system and in the Egyptian legal profession. Article 2 of the Egyptian Constitution now enshrines Islamic jurisprudence as the principle source of law, thus establishing an important symbolic marker at the heart of the state and opening avenues for Islamist activists to press litigation campaigns in the courts. Additionally, the Islamist trend gained prominence within the legal profession, a development that is particularly striking given the long and illustrious history of the Lawyer's Syndicate as a bastion of liberalism. Despite these significant shifts, however, Islamist litigation has achieved only limited legal victories. This article traces the political and socio-economic variables that underlie the Islamist trend in Egyptian law, and examines the impact of Islamist litigation in the Egyptian courts.

scholarly journals Application of Administrative Law in the Time of Reforms in the Light of the Scope of Judicial Review in Hungary

2020 ◽  
Vol 29 (3) ◽  
pp. 101
Author(s):  
István Hoffman
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Judicial Review ◽  
Paradigm Shift ◽  
Administrative Law ◽  
The State ◽  
The Rule Of Law ◽  
Legal Remedies ◽  
Review Model ◽  
The Impact

<p class="Default">The Hungarian legal system and especially the administrative law is in the state of permanent change. This constantly transforming environment is a challenge for the rule of law. Every significant field of administrative law is impacted by these changes – even the judicial review model of the administrative decisions. The author analyzes the impact of these changes – especially from the last three years – on the application of administrative law. The issues raised in the article are focused on the transformation of the procedural rules, in particular on the impact of the new Act I of 2017 – Code of Administrative Court Procedure and its amendment in 2019. Two major institutions are analyzed further. First, the work analyzes the impact of the reform on the system of legal remedies in the administrative law, i.e. the reduction of the intra-administration remedies, the administrative appeal. Secondly, the extent of the judicial review was examined, in particular debates, codifications and amendments of the cassation and reformatory jurisdiction of the courts. The courts are currently the major interpreter of administrative law, whose change can be interpreted as a paradigm shift of the approach of the application of administrative law.</p>

scholarly journals A imposição da guarda compartilhada como regra no ordenamento jurídico brasileiro: um paralelo com a Doutrina da Situação Irregular

2017 ◽  
Vol 3 (1) ◽  
pp. 14
Author(s):  
Rodrigo Freitas Paixão ◽  
Ana Paula Motta Costa
Keyword(s):  
Human Rights ◽  
Children And Adolescents ◽  
Legal System ◽  
The State ◽  
Best Interests ◽  
Joint Custody ◽  
International Convention ◽  
System A ◽  
Rights Of The Child

O artigo busca traçar um paralelo entre a imposição da guarda compartilhada pela Lei 13.058/2014 e a Doutrina da Situação Irregular que estabelecia a forma como os direitos das crianças e dos adolescentes eram tutelados pelo Estado antes da Convenção Internacional sobre os Direitos da Criança. Para tanto, mostrará que, empesar da boa intenção do legislador, a imposição incondicional da guarda compartilhada pode configurar uma afronta à Doutrina da Proteção Integral, em especial ao Princípio do Melhor Interesse da Criança e do Adolescente, e um retorno aos principais pensamentos que embasavam a Doutrina da Situação Irregular.Title: The imposition of joint custody as a rule in the Brazilian legal system: a parallel with the Irregular Situation DoctrineAbstract: The article seeks to draw a parallel between the imposition of shared custody by Law 13.058/2014 and the Irregular Situation Doctrine which established how the rights of children and adolescents were protected by the State prior to the International Convention on the Rights of the Child. This study will demonstrate that, in spite of the good intentions of the legislator, the unconditional imposition of joint custody can constitute an affront to the Integral Protection Doctrine, especially to the Principle of the Best Interests of Children and Adolescents, and a return to the main thoughts that embase the Irregular Situation DoctrineKeywords: human rights of children and adolescents; principle of the best interests of children and adolescents; joint custody; irregular situation docrtine; integral protection doctrine

Scots Law and Scottish Identity: A Legendary Tale

2018 ◽  
Vol 27 (1) ◽  
pp. 73-81
Author(s):  
Michael P. Clancy
Keyword(s):  
Legal System ◽  
The State ◽  
Scottish Parliament ◽  
The Impact ◽  
The Eu

The Treaty of Union 1707 between Scotland and England and the respective implementing legislation in each Kingdom contained provisions which today we might describe as ‘opt-outs’. These opt-outs from incorporating Union preserved aspects of the Scottish legal system which, along with the Presbyterian religion and the system of education, helped to ensure that Scottish identity was supported by some of the most powerful aspects of the state. This essay will examine some of the provisions of the Treaty, analyse aspects of the legal system and law that persisted after the Union, comment on the extent to which 310 years of the Union with England influenced that law, reflect on membership of the EU and the harmonization which it brought to the legal system and consider the impact of the Scottish Parliament on that law and legal system.

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