Norm of criminal law under the draft Criminal code of Ukraine

The article considers the rule of law, the rule of criminal law. When studying the norm of criminal law, I rely on the fact that it is a mandatory rule of conduct for failure to commit a criminal offense under the criminal law of the Special Part of the Criminal Code of Ukraine, organically related orders, compliance with which is ensured by coercive potential criminal law influence. The norm of criminal law consists of: 1) conditions for the implementation of criminal law (hypothesis); 2) criminal law normative – obligatory legal requirement for non-commission of an act provided by the instruction of the Special Part of the Criminal Code (disposition); 3) sanction for non-compliance with these legal requirements. Mandatory requirements (rules) contained in the articles of the General and Special Parts of the Criminal Code and organically supplement (clarify) the content of the relevant structural part of the criminal law or contain procedural issues for its application and implementation. The article analyzes the hypothetical, dispositional and sanctioning dictates of the draft Criminal Code of Ukraine. It is concluded that the draft Criminal Code of Ukraine does not significantly change the approaches to understanding the rules of criminal law as a system of established (sanctioned) by the Verkhovna Rada of Ukraine and legally secured universally binding criminal law norms and organically related commands. project composition, their rights and responsibilities, tasks of the Criminal Code, legal facts, etc.), compliance with which is ensured by the coercive potential of the means of criminal law influence. The considered norm in a broad sense provides for a three-tier structure and is fixed in the criminal law. At the same time, the structural elements of the norm of criminal law in the «broad» sense are placed in the articles of both the General and Special parts of the draft Criminal Code of Ukraine. Further research should focus on understanding the concept and structure of criminal law, as it will help both the legislator and the court. Proper interpretation of the concept and structure of criminal law encourages parliamentarians to more fully and accurately reproduce in the text of the Criminal Code of Ukraine all the necessary elements of criminal law in view of the purpose of its development and adoption, and the judge, investigating judge (court) – to find, compare and understand these elements, to establish their interrelations and the legal will of the legislator fixed in this norm, and also to provide its reliable realization according to a letter of the law. This knowledge allows members of society to navigate the system of criminal law obligations for their implementation.

Efficiency of Rules of Law in Regulation of Property Relations in International Commercial Turnover

The article examines the essence and criteria for the effectiveness of the mechanism of legal regulation, the effectiveness of rules of law in international commercial agreements, given the distinction between the concept of «rule of law» as a mandatory rule of conduct adopted and protected by the state, and as a category covering not only certain national legal system, but also various legal regulators of non-national and non-state, international origin. It is established that ensuring the effectiveness of the rule of law is based on the need to achieve social, political, economic and other goals of its adoption, and is guaranteed by the construction of substantively and formally consistent, holistic within the relevant institution or branch of law and logically constructed legal prescription. It is proved that the complexity and variety of sources of legal regulation of international commercial agreements, the choice of the applicable law to which is based in general, indicates the inexpediency of limiting of the understanding of the construct of «rule of law» as exclusively sanctioned and enshrined by the state. In this regard, the thesis is put forward that in law-making activity it is necessary to construct provisions of new legislation on normative-legal acts and rule-making activity with awareness of needs and realities of international business, both Ukrainian and domestically located. Two ways to achieve this goal have been proposed: either by adjusting the proposed definitions of the rule of law or by establishing the scope of meaningful dissemination of the provisions of the future law on law-making activities exclusively within national borders and in relation to the Ukrainian legal system. Also, from the point of view of the effectiveness of legal regulation of international commercial agreements, it is justified that in this regard a broader and more modern understanding of legal norms, giving the parties a guaranteed opportunity to refer to general principles of law, trade customs, lex mercatoria, unified international instruments (for example, the UNIDROIT Principles, INCOTERMS), etc. should be implemented.

Parallel importation as a policy option to reduce price of patented health technologies

The COVID-19 pandemic has burdened most of the health systems around the world. Governments, especially in resource-constrained low- and middle-income countries, are finding it hard to meet the health needs of their nationals. Patent exclusive rights further add to the cost of healthcare by allowing supra-competitive prices of protected technologies. Parallel importation of patented health technologies is a legitimate policy option to obtain patented health technologies at a reduced price. This paper examines the legality and practical significance of parallel trade of patented medicines as a price-reducing policy option and evaluates some of the practical hurdles in the actual use of this important public health flexibility. This study supports the adoption of international exhaustion of patent rights as a mandatory rule for the international trading system.

A “Significant Swedish Outpost”: The Swedish School and Arab Christians in Jerusalem, 1920–1930

This chapter focuses on the Swedish School in Jerusalem during the British Mandate period. I argue that while modelled on Swedish educational culture and largely financed from Sweden, the school had a profound local connection to the Arab community. This chapter demonstrates that the educational culture of the school was more important to Arab parents than its religious profile. Arabic was the language of instruction and the children were taught by well-educated Arab female teachers. Parents and pupils influenced the Swedish School’s profile with demands that were created by a new reality under British Mandatory rule. These parents and pupils were also challenged by the fact that pupils from the middle class and the urban poor attended the same lessons and were—in theory at least—treated equally despite social or religious backgrounds.

Antara Kewajipan Dan Keinginan Nafsu Berpoligami Dalam Membentuk Keluarga Bahagia (Polygamy: Between Obligation and Lust in Forming A Happy Family)

Poligami merupakan salah satu topik hangat yang sering menjadi bualan masyarakat sepanjang zaman di dunia dan sering menimbulkan kontroversi serta mendapat perhatian. Ianya memiliki seribu satu cerita serta pandangan yang masih tidak mencapai muafakat bersama. Islam mengharuskan poligami bagi lelaki yang berhasrat mengamalkannya namun perlu mematuhi dhawabit yakni aturan bagi mencapai maqasid shari’ahbagi sesebuah perkahwinan. Namun begitu, sehingga ke hari ini poligami masih tidak dapat diterima masyarakat dengan sebaiknya. Hal ini kerana terdapat kecacatan dalam pengamalannya oleh individu-individu yang terlibat sehingga membawa dampak negatif terutamanya pada zaman kini. Artikel ini membincangkan poligami dalam Islam, antara kewajipan dan keinginan nafsu dan peranan individu untuk membentuk keluarga bahagia. Kajian ini berbentuk penyelidikan perpustakaan yang akan mengkaji amalan poligami secara berkesan dengan berpandukan anjuran Islam agar dapat menghasilkan tanggapan baik serta mampu membentuk institusi keluarga bahagia dan harmoni. Hasil kajian mendapati perihal poligami ini seharusnya tidak melibatkan pembawakan emosi, perasaan dan keinginan semata-mata baik dari lelaki mahupun wanita dek kerana ianya sukar dikawal. Namun kita hendaklah berfikir secara waras meskipun bertentangan dengan emosi. Justeru itu, pentingnya memberi kesedaran bahawa poligami adalah perkara yang mulia jika dilaksanakan atas dasar kewajipan dan tanggungjawab di dalam diri setiap insan bagi membentuk keluarga bahagia yang diredhai Allah SWT, bukannya demi memenuhi kerakusan nafsu semata-mata dan sekaligus merenung hikmah yang terselindung disebaliknya. Kata Kunci: Poligami, Dhawabit, Kewajipan, Keinginan Nafsu, Keluarga Bahagia. Abstract Polygamy is one of the debated issues that has often been the discourse of society throughout the world. This issue is frequently controversial and intrigued. It also has thousands of deliberations from different perspectives that are yet to be agreed upon. Islam requires men who intend to practice polygamy to observe dhawabit which is mandatory rule to achieve a maqasid shari’ah of a marriage. However, polygamy is still unappealing to society up until now. This is due to the fact that polygamy has been so wrongly practiced by individuals and therefore, it has been negatively affected especially in recent times. This article discusses polygamy in accordance to Islamic perspectives, between the obligation and desire of lust, and individual roles in order to achieve harmonious accord between family members through polygamy. This study is in the form of a library research that will study effective practices based on the guidance of Islam to generate positive perception and establish a happy and harmonious family institution. The outcome of this study is whereas these polygamies should not involve the expression of emotions, feelings and desires either from men or women as they are difficult to control. However, this issue must be comprehended with reasons and rationality even when countless emotions will repudiate it. Therefore, it is important to promote awareness about the practice of polygamy so that it is performed on the basis of obligations and responsibilities of each person to form a happy family that is pleasing to Allah and to contemplate the wisdom behind it not merely to fulfill lust and desires. Keywords: Polygamy, Dhawabit, Obligation, Lust, Happy Family.

Key Audit Matters Reports in China: Their Descriptions and Implications of Audit Quality

Using Chinese data of key audit matters (KAM) reports, this study assesses whether the KAM rule improves audit quality and how KAM disclosures relate to audit quality. With textual analysis, we evaluate disclosure characteristics in detail and find that auditors report both industry-generic and firm-specific KAM. The wordings, to a large extent, are firm-specific and differ in KAM reporting components. Our empirical investigation via the pre-post and difference-in-differences analyses reveals that audit quality is improved following the mandatory rule. The cross-sectional analysis shows that the number of KAMs and disclosure characteristics (such as specificity, similarity, readability, and length) signal auditors' concern about clients' earnings quality, audit effort, and the propensity of issuing modified opinions. Overall, our paper provides some evidence on the implementation and communicative value of the new KAM reporting.

Improving the Wearing Rate of Mouthguards in the Youth Rugby Category Affects the Total Future Mouthguard Wearing Rate

The aim of this study is to consider the hypothesis that wearing mouthguards (MGs) from a young age helps to shape players’ habit of continuing to wear MGs as adults. In addition, we consider the mandatory rule of wearing mouthguards in the youth category on the future wearing rates of mouthguards. Eighty-five Japanese male amateur rugby players were included in this study. We examined the relationship between the wearing rates of mouthguards when participants were high school students and as adults (in 2018) using a questionnaire. Collected data were classified into categories (age, mouthguard type, and applied mandatory rule or not), and their relationships were analyzed. The wearing rate of mouthguards in high school was significantly related to the wearing rate of mouthguards in adulthood (χ2 = 12.1, p < 0.01). The mandatory rule to wear mouthguards at high school was related to the wearing rates of mouthguards as adults, but not significantly (χ2 = 3.42, p = 0.06). Participants’ mouthguard wearing rates as adults were affected by their high school wearing rates. The mandatory rule of wearing mouthguards in the youth category may be somewhat effective for improving mouthguard wearing rates; however, it is more important to provide knowledge about their importance.

Introduction

The Introduction contextualizes the Armenian population in Lebanon. It distinguishes between Armenians who lived in Lebanon prior to the division of the Ottoman Empire, in the wake of the Armenian Genocide, and after the establishment of French and British mandatory rule in the Levant. In addition, it outlines the ecclesiastic, class, linguistic, and political gamut of the Armenian population in Lebanon. It analyzes how Armenians organized themselves according to the villages and centers in the Ottoman Empire that they hailed from and reformed their political ideologies, affiliations, and ecclesiastic connections resulting in the establishment of mini-enclaves within Armenian-populated neighborhoods in Lebanon. The introduction also positions the book within four fields: histories of Armenians, Lebanon, the Cold War in the Middle East, and the Diaspora Studies. The innovation of linking these fields together through the themes of identification, belonging, and articulating citizenship produces fresh readings of the time period. This intervention draws attention to experiences that established scholarship does not adequately tackle, increasing the possible ways and methods to study and approach the region, its inhabitants, and historical time frame.

Waiving Jury Deliberation

This article argues that, given the current pervasive uncertainty about the reliability of jury deliberation, we ought to treat it with epistemic humility. I further argue that epistemic humility should be expressed and enforced by turning jury deliberation from a mandatory rule of the jury trial to a waivable right of the defendant. I consider two main objections to my argument: the first one concerns the putative self-defeatingness of humility attitudes; the second objection points to the burdensomeness of granting an unconditional jury deliberation waiver to the defendant.

Niejednoznaczne podstawy stosowania przepisów wymuszających swoje zastosowanie (przepisów koniecznego zastosowania)

The article raises issues concerning legal basis for the application of the overriding mandatory rules. In the Polish doctrine there are two opposing concepts in terms of explanation of the legal grounds for application of overriding mandatory rules. Both theories do not have a universal dimension, in the sense that they do not sufficiently explain the basis for the application of domestic as well as foreign overriding mandatory rules, being part of lex causae or coming from a third state. The article presents arguments for and against the possibility of deriving the legal grounds for application of the overriding mandatory rules, with reference to submissions made to that effect in literature. The author makes also an attempt to formulate a concept complementary to the concept of an integrated conflict-of-law rule with the substantive law rule, boiling down to the assumption that the basis for application of overriding mandatory rule is a second degree conflict of laws rule allowing to apply a first degree conflict of laws rule integrated with the substantive rule.