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All Journal Syariah: Jurnal Hukum dan Pemikiran Khazanah Hukum Legal Protection for the Partnership Agreement Parties
Koval, Marat
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Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Human Rights and Features of their Protection in Conditions of War: International Legal Standards, Administrative, Constitutional and Criminal Aspects Zaporozhchenko, Yuliia; Leheza, Yuliia; Volkova, Yuliia; Pushkina, Olena; Koval, Marat
Khazanah Hukum Vol 5, No 3 (2023): Khazanah Hukum Vol 5, No 3 December (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i3.33290

Abstract

The article is devoted to analysis of constitutional human rights and freedoms under martial law. The main focus is made on the analysis of human rights that may be restricted during martial law. Human rights are divided into absolute ones and relative ones. Absolute rights are determined as rights that cannot be limited under any circumstances. The legal definition of martial law is analyzed. It was found that martial law is the main legal basis for limiting the constitutional rights and freedoms of the person and of the citizen. Grounds for introducing martial law include threats to national security and territorial integrity. Attention is focused on the mechanisms and guarantees aimed at protection of human rights in conditions of martial law. Any restrictions on human rights must be justified, proportionate and necessary to achieve the legitimate goals of security and defense of the state. Affirmation and provision of human rights and freedoms is the main duty of the state. Therefore, during the legal regime of martial law the state cannot cancel its obligation to guarantee human rights. The list of rights which are not subject to restriction even during martial law, are human and citizen’s rights guaranteed by the Constitution. Respect for human rights is a guarantee of state power both at the national and international levels.
Place of Principles of Law in Legal Regulation of Public Relations in Conditions of Digital Society: Theoretical and Legal Research Rostovska, Karyna; Hryshyna, Natalia; Pakhomova, Irina; Liubchyk, Viktor; Koval, Marat
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 1 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i1.12647

Abstract

Purpose of the article is to carry out original research on the place of principles of law in legal regulation of public relations in conditions of digitalization. Being a specific (fundamental, abstract, etc.) rule of law, a principle of law must be expressed in a certain external form (constitution, law, court decision, doctrine). During writing this article, a functional research, induction, deduction and classification methods was used; it allows to thoroughly reveal dynamic aspects of principles of law, their practical purpose, place and role among other elements of law and the legal system of society in general, as well as influence social relations in the form of legal regulation and other forms of legal influence (informational one, value-oriented one, psychological one, system-forming one, etc.). It was concluded that inclusion of universally recognized principles and norms of international law in the domestic legal system significantly changes its content, in a new way raises the question of interaction, hierarchy of legal acts in accordance with their legal force and the meaning of norms contained in them. Importance of principles of law is reflected in the fact that they act as a framework, a fundamental structure of the legal system; principles of law are a guide in the process of law development and formation; they significantly influence the formation of people’s legal awareness, can be a direct basis for making individual legal decisions in specific cases; in the case of gaps in the legislation, principles of law can be used as a legal ground when considering the issue of law, while they act as a source of law, principles of law contribute to the correct interpretation of legal norms. The state of implementation of the fundamental principles of the Union in the founding states, using the example of the Federal Republic of Germany and the French Republic, as well as problems with the implementation of the principles of the law of the Republic of Poland, were studied. Thus, Germany and France today have a fairly high level of implementation and compliance with the main principles of European Union law, while Poland has recently had certain problems with this. So, over the past 7 years, this state has violated EU values in two categories at once - in the category of personal and political rights. In 2023, cases of legitimate abortions were limited in the Republic of Poland, which violated the right to the integrity of the individual and its inviolability, which is one of the main values of the European Union. In 2022, the European Commission filed a lawsuit against Poland to the European Court of Justice regarding violations of the latest requirements of the EU Treaty regarding the principle of judicial independence.
Application of Artificial Intelligence in Motivating Court Decisions: Legal Basis and Foreign Experience Leheza, Yevhen; Yankovyi , Mykola; Medvedenko, Nadiia; Vaida, Taras; Koval, Marat
Al-Risalah Vol 24 No 1 (2024): June 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i1.1531

Abstract

The article is devoted to the study of opportunities and challenges of using artificial intelligence in motivating court decisions.  An important aspect of this process consists of the application of special knowledge by judges in the context of analyzing evidence and legal evaluation of this evidence. The use of artificial intelligence in this area can become a significant innovation that can improve the quality of court decisions and ensure objectivity in the sphere of justice. Artificial intelligence technologies are rapidly developing, and their potential application in the sphere of judiciary has become a subject of deep interest both among the scientific community and among representatives of legal professions. According to the research results, it has been established that the application of artificial intelligence during the motivation of court decisions is possible provided the development and implementation of effective legal mechanisms that will allow coordination and regulation of the specified process. Also, the procedure of implementing relevant changes in the justice system of Ukraine should take place with the use of a balanced and scientifically based approach, which allows for weighing potential risks and benefits and developing recommendations for the proper practical and ethical use of artificial intelligence technologies.
Application of Artificial Intelligence in Motivating Court Decisions: Legal Basis and Foreign Experience Leheza, Yevhen; Yankovyi , Mykola; Medvedenko, Nadiia; Vaida, Taras; Koval, Marat
Al-Risalah Vol 24 No 1 (2024): June 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i1.1531

Abstract

The article is devoted to the study of opportunities and challenges of using artificial intelligence in motivating court decisions.  An important aspect of this process consists of the application of special knowledge by judges in the context of analyzing evidence and legal evaluation of this evidence. The use of artificial intelligence in this area can become a significant innovation that can improve the quality of court decisions and ensure objectivity in the sphere of justice. Artificial intelligence technologies are rapidly developing, and their potential application in the sphere of judiciary has become a subject of deep interest both among the scientific community and among representatives of legal professions. According to the research results, it has been established that the application of artificial intelligence during the motivation of court decisions is possible provided the development and implementation of effective legal mechanisms that will allow coordination and regulation of the specified process. Also, the procedure of implementing relevant changes in the justice system of Ukraine should take place with the use of a balanced and scientifically based approach, which allows for weighing potential risks and benefits and developing recommendations for the proper practical and ethical use of artificial intelligence technologies.
Human Rights and Features of their Protection in Conditions of War: International Legal Standards, Administrative, Constitutional and Criminal Aspects Zaporozhchenko, Yuliia; Leheza, Yuliia; Volkova, Yuliia; Pushkina, Olena; Koval, Marat
Khazanah Hukum Vol. 5 No. 3 (2023): Khazanah Hukum Vol 5, No 3 December (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i3.33290

Abstract

The article is devoted to analysis of constitutional human rights and freedoms under martial law. The main focus is made on the analysis of human rights that may be restricted during martial law. Human rights are divided into absolute ones and relative ones. Absolute rights are determined as rights that cannot be limited under any circumstances. The legal definition of martial law is analyzed. It was found that martial law is the main legal basis for limiting the constitutional rights and freedoms of the person and of the citizen. Grounds for introducing martial law include threats to national security and territorial integrity. Attention is focused on the mechanisms and guarantees aimed at protection of human rights in conditions of martial law. Any restrictions on human rights must be justified, proportionate and necessary to achieve the legitimate goals of security and defense of the state. Affirmation and provision of human rights and freedoms is the main duty of the state. Therefore, during the legal regime of martial law the state cannot cancel its obligation to guarantee human rights. The list of rights which are not subject to restriction even during martial law, are human and citizen’s rights guaranteed by the Constitution. Respect for human rights is a guarantee of state power both at the national and international levels.
Co-Authors Hryshyna, Natalia Leheza, Yevhen Leheza, Yuliia Liubchyk, Viktor Medvedenko, Nadiia Pakhomova, Irina Pushkina, Olena Rostovska, Karyna Vaida, Taras Volkova, Yuliia Yankovyi , Mykola Zaporozhchenko, Yuliia