CONCEPTUAL THEORETICAL AND LEGAL FOUNDATIONS OF THE THEORY OF NATIONAL INTEREST

The analysis is based on a systematic and comprehensive theoretical and legal study of the legal provision of national interests. The study of its conceptual foundations in dialectical unity and interrelation of all aspects of this legal phenomenon is carried out. The conceptual theoretical foundations of the legal provision of national interests are defined, including the genesis, nature, concept, signs, essence and content of national interests, their classification and correlation with law, the model of legal provision of national interests is considered and characterized, including the stages of their awareness, formulation, coordination, formation and implementation by appropriate mechanisms, directions for its improvement.

The order of property realisation in bankruptcy (insolvency) procedure under the law of Ukraine and Germany

The article represents a comparative legal study of the specifics of the order of debtor's property realisation in the bankruptcy procedure under the law of Ukraine and Germany through the application of hermeneutic (used in accessing the essence of the legal framework and judicial practice); axiological (in determining the evaluative base) along with phenomenological (and the nature of the phenomena); systematic (modeling of the functioning systems) methodological toolkit. The authors emphasise the importance of legal provisions governing the sale of the debtor's property, due to the natural proximity of this stage of the competitive process to the financial component, which, in turn, is inevitably associated with various abuses. An electronic trading system had been recently introduced in Ukraine, on which therefore many hopes and expectations were relied upon. However, the electronic trading system did not cope with tasks set, and many new problems were added to the old ones. The article states that the existence of problematic issues in the procedure of bankrupt property realisation is confirmed, in particular, by the court practice. However, judicial practice in itself often becomes a source of problems. The article pays special attention to the German legislation, which uses a radically opposite model of property sale in insolvency proceedings. The authors justifiably propose to make certain changes to the Ukrainian legislation, by using the positive experience of Germany. As a result of a comparative legal analysis of the legislation of Ukraine and Germany, the authors provide ways of solving the raised issues in the article. The implementation of the recommendations submitted within this comparative-legal study should improve the quality of bankruptcy proceedings, reduce the number of abuses by insolvency trustees, as well as protect the rights and property interests of competitive creditors and creditors with the right of separate satisfaction

A retrospective model of the domestic development of debt relations and the establishment of criminal liability in the field of repayment of overdue debts

The work is a historical and legal study of domestic sources of criminal legislation, including the study of the dynamics of the emergence of debt relations, as well as the consideration of issues related to countering crimes committed in the field of repayment of overdue debts in our state. The main result of the research was the developed model of the author in an illustrative form, which can be of value not only as a scientific development, but also be used in the educational process.

Succession of Digital Goods. A Comparative Legal Study

The purpose of this article is to present possible solutions to the problem of access to digital contents left by a deceased user of Internet services under different European legal systems. Discussion of this issue from a comparative perspective will allow the drawing of general conclusions about the direction de lege lata in which European legislation is heading. In my opinion there should be dedicated legal provisons introduced into the polish civil code which would pertain to digital goods. This would also facilitate the harmonization of inheritance matters in a European perspective. Technological development requires amending the civil code to fit changing reality.

Jurisprudential and Legal Analysis of Criminal's Satisfaction in Article 384 of the Islamic Penal Code enacted in 1392 HS

Legislation is very serious and precise, especially where a human soul is involved. According to Article 384 of the Islamic Penal Code; if one person intentionally kills two or more people and the blood avengers of all the slain want Qiṣāṣ, the murderer will be retaliated without paying Diya. If the blood avengers of some of the victims want Qiṣāṣ and the blood avengers of the victim or other victims want blood money, if the murderer agrees to pay them blood money in exchange for their Qiṣāṣ, their blood money will be paid from the murderer's property and without the murderer's consent, they do not have the right to take blood money from him or his property. The point to consider in this legal article is that the payment of Diya from the property of the criminal to the victim is bound to the consent of the criminal. The basis of this opinion of the legislator is the opinion of some jurists. The present article in a descriptive-analytical research, with a problem-oriented view, follows the legal study of criminal’s satisfaction in this legal article and the analysis and critique of its jurisprudential principles. One of the most important findings of the study is that the discussion of criminal’s satisfaction in Article 384 of the Islamic Penal Code needs to be reviewed and revised by the legislator because it is incompatible with the rule of justice, the rule of “The blood of Muslim is not wasted”, the rule of obligation to save lives and other jurisprudential rules.

FRIENDLY LOAN: A LEGAL STUDY IN MALAYSIA

Financial institutions licensed which were established under the Financial Services Act 2013 and the Moneylenders Act 1951 in Malaysia will provide financial loans at the interest rate charged permitted by-laws and guidelines from the Central Bank of Malaysia to borrowers. However, not all borrowers can afford to pay high and onerous interest rates. Therefore, the law in Malaysia allows for friendly loans, i.e. the lender will provide financial loans assistance to the borrower from of interest or with minimal interest rate. This study will focus on the extent to which the legal issues of the practice of friendly loans in Malaysia and whether the provisions of current laws and policies can protect the interests of both lenders and recipients of friendly loans. This study is qualitative in nature and involves library research. The results of this study will look at aspects of legal issues in order to protect the interests of both lenders and recipients of friendly loans. In fact, Malaysia could also consider creating a special law on friendly loans and regulated by the authorities.