The Role of Witness as Evidence in Divorce Cases at the Banda Aceh Syar’iyah Court

This study examines the role of witnesses as evidence in a divorce case at the Banda Aceh Syari’iyah Court. This study aims to determine the legal basis of witnesses as evidence, the background of the witnesses who were submitted due to disputes or syiqaqand the position of female witnesses in divorce cases. This study uses empirical legal research or sociological law, which is a study whose object is legal phenomena using sociological theories. The legal phenomenon in question is the application of law at the Banda Aceh Syar’iyah Court, particularly regarding witness evidence in divorce cases. Data collection techniques were carried out by means of in-depth interviews with judges and literature studies related to the existence of witnesses and judges’ decisions as primary data related to witnesses as evidence. This study concludes that witnesses as evidence are based on the Qur’an and hadithand the applicable laws and regulations. Witnesses have existence as evidence used by judges as a consideration in deciding cases. In the case of a divorce caused by a dispute, the witness evidence comes from the close family background of the husband or wife. Close family who really know, see and hear the events that occur in their household. In civil procedural law for divorce cases at the Syar'iyah Court, women have the same and equal position as men in giving testimony. The testimony of close families and the sociological equality of women and men is a legal fact that must be appreciated to achieve justice for all parties.

Information systems as a tool for regulating public relations: Analysis of Russian and world practice

Introduction. The practice of public administration in the Russian Federation is largely based on the implementation and use of public information systems in all areas. Such information systems become a tool for influencing public relations, firstly, acting as a continuation of legal norms, secondly, replacing the actual norms of law in rare individual cases and, finally, acting as a means of certifying and qualifying legal facts. Theoretical analysis. Legal facts act as the most important links of the legal mechanism – both in legal regulation and in law enforcement. An integral part of the legal regulation mechanism is the system of fixing and certifying legal facts. Empirical analysis. State information systems ensure the maintenance of state registers intended for registration and storage of legal facts, and are also able to collect information in an automated mode and receive new information based on the processing of primary data. In the system of legal regulation, there is a tendency to endow such data with legal force, as a result of which they act as legal facts, and the activities for their qualification are delegated to the information system. The increasing complexity of information systems leads to the fact that the implementation of the rights and obligations of subjects becomes critically dependent on their correct work. Results. The author proposed to establish a number of legislative principles and restrictions, in particular, the principle of verification of conclusions obtained through the use of information systems by a person, in cases where such a conclusion has the force of a legal fact that affects the rights and obligations of a person.

Recognition As a Legal Fact in Civil Law

Introduction: the concept of recognition in civil studies is most often identified with one of the methods of protecting civil rights, which is specified among others in Article 12 of the Civil Code of the Russian Federation. At the same time, the protection of civil rights under the norms of Chapter 2 of Part 1of the Civil Code of the Russian Federation does not imply such purely factual actions that would not create legal consequences, which would contradict the very existence of their legislative consolidation. The purpose of the study is to reveal the concept and legal consequences of recognition as a legal fact in civil law. Tasks: to correlate recognition as a method of protection and as a legal fact; to determine the types, conditions, and subjects of recognition; to reveal the mechanism of connection between recognition and its legal consequences. Methods: system, logic, analysis, synthesis, comparison. Results: recognition as a legal fact in civil law can be defined as follows: it is a public-legal decision of a body with authority on the existence of a legally significant circumstance, either that took place in the past, or that arises as a result of this decision. Recognition is not a legal requirement, since it does not in itself oblige the subjects of legal relations to perform or not perform any actions. Conclusions: the mechanism of connection of recognition with its legal consequences is characterized by the fact that it most often acts as an element of a complex set of facts. Recognition is nothing more than the addition of an imperious authority to the already existing conditions for the emergence, modification or termination of legal relations in order to eliminate the uncertainty associated with them.

Cross-Border Oil and Gas Transactions in Private International Law: Concept, Types, and Features of Regulation

The paper proposes to refer to cross-border oil and gas transactions as contracts mediating relations in the field of international circulation of hydrocarbons. These include all transactions complicated by a foreign element (foreign entity, object, legal fact) and concluded regarding the exploration, development, processing, transfer, transportation of oil and gas as a commodity in the course of entrepreneurial and investment activities. Based on the Russian and foreign doctrine of private international law, the author examines the most common transactions in the industry, analyzes their features, and also proposes a basic classification of contractual structures. In the absence of a wide range of international treaties governing cross-border oil and gas transactions, the author concludes that the conflict of laws method of determining the applicable law is dominant. The importance of non-state regulators lex petrolea is noted, capable of complementing, but not replacing, national legal regulation.

Legal aspects of gender identity in Ukraine

The issue of gender identity in the modern world is becoming increasingly relevant. The place of a person's right to recognise their gender identity in the Ukrainian legal plane is uncertain. The study considers the specific features of regulating the human right to recognise gender identity and gender reassignment in Ukraine. The authors of the study consider personal non-property rights of an individual as a specific concept, and somatic rights – as a generic concept, the main meaning of which is the ability to dispose of one's body. Accordingly, a person's right to recognition of their gender identity is a personal non-property right. In Ukraine, legal regulation of gender change is carried out, but certain regulations come into force only in the event of a legal fact of gender change, although their provisions regulate the direct implementation of such a right. However, gender identity is the third most common cause of discrimination. It is necessary for Ukrainian legislation to update the regulatory framework that governs the procedure for changing gender. It is worth paying attention to the correct use of terminology in these relations.

Gondolatok és javaslatok a román Polgári törvénykönyv magyar fordításához

In this paper, we wish to make a few comments on the third edition of the hungarian translation of the Romanian Civil Code, without claiming to be exhaustive. Our translation suggestions concern certain provisions of personal (and family) law, law of property and law of obligations. We will expand on the concepts of legal personality, legal capacity and capacity to act in the personal law section, the concepts of property and assets in the law of property section, and the relationship between the concepts of legal fact and deed in the law of obligations section, and then make translation and correction suggestions for all the other articles in the books mentioned.

To the question of the actual admission of the employee to work

The article is devoted to the analysis of the actual admission to work as a legal fact, its characteristics and the legal consequences of this action for the employee and the employer, both explicitly indicated in special norms, and follows from the interpretation of other norms of labor legislation, including the obligations of the employer and liability for their violation; There is a gap in the rules of labor legislation regarding the definition of an authorized representative of the employer, the legal consequences of admission to work by an unauthorized person are examined, procedural issues about the distribution of the burden of proof and court costs are considered.

LYING OF A PARTY IN THE ARBITRATION COURT AS A PROCEDURAL LEGAL FACT

The study puts forward the idea that the development of the principle of good faith in civil law should seriously affect the arbitration process and should make it unprofitable to lie in court. Among other things, we believe that it is possible to raise the question of using the legislator’s approach without the culpable occurrence of negative consequences of false assurances about circumstances in the conduct of entrepreneurial activity. The author also argues that there should be no deception of the court, because any decision based on a lie is not justice and is contrary to the rule of law. In a situation where deception does occur, there must be a mechanism to rectify the situation and level out the consequences of the deception. As a kind of substantiation of the above ideas, the author uses a reference to the principle of direct examination of evidence, which is enshrined in Articles 10 and 71 of the APC RF and obligates the court to directly examine and perceive all evidence in the case, including hearing explanations of persons involved in the case, testimony of witnesses, expert opinions, review written evidence, examine the physical evidence. Compliance with this principle guarantees the personal perception of the judges of the arbitration court of all evidence, which is probably one of the most significant guarantees of justice.

Restorative justice as a new response to crime - the modern vision and Bulgarian dreamers and opponents

The concept of restorative justice as a type of alternative justice that focuses on the recovery of harm from crime, the victim, the perpetrator and the status quo in general, rather than on repression, is no longer new. It has long had its international legal basis – acts of the UN, EU, Council of Europe and others. Its main tools – victim-offender mediation, family conferences, problem-solving circles and more, are already established and widely used in most European countries and America, Asia, Australia, and Africa. Although marked in some strategic documents in our country recently, restorative justice is not a legal fact yet. However, in the global criminal crisis, deficits of the criminal justice system's functioning could be successfully, if not completely eliminated, then at least mitigated through its mechanisms. Individual scientists and representatives of non-governmental organizations have not only dreamed since the beginning of this century but are working hard to introduce its models. Politicians and decision-makers and part of the legal community show stubborn rigidity and resistance, refusing to put this issue on the current agenda of society, under various pretexts, but primarily defending their "preserved interests and monopoly" in criminal justice. At the same time, the crisis with the COVID-19 pandemic raises the issue again with particular urgency. That is why it is high time to abandon the unproductive "penal populism", to revitalize the debate for the mentioned novelty and achieve synchronicity between visionaries, dreamers, practitioners and users.

Coherence in Legal Evidence

This chapter discusses the concept of coherence and its role in evidential reasoning in law. It examines three main approaches to coherence, namely, structural coherence, narrative coherence, and coherence as constraint satisfaction, and argues that coherence as constraint satisfaction provides an account of the kind of coherence that is relevant to legal fact-finding that is both descriptively adequate and normatively appealing. Next, it addresses some problems concerning the relation between coherence and inference, coherence and virtue, and coherence and truth in the context of legal factfinding. More specifically, it examines three main objections facing a coherentist account of inference, i.e., conservatism, circularity and unfeasibility, and conceptualizes it as an explanatory kind of inference. Then, it articulates a problem that has not been traditionally discussed in the coherentist literature, to wit, the coherence bias, and argues that virtue coherentism has the resources to effectively counteract it. Last, it defends the coherentist approach to evidence and legal proof against three objections that put into question the truth-conduciveness of coherence, namely, the isolation or input objection, the alternative coherent systems objection, and the truth objection. The chapter concludes by suggesting some avenues for further research on coherence, evidence, and legal proof.