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All Journal Jurnal Ilmiah Al-Syir'ah Khazanah Hukum
Maksym Korniienko
Odessa State University of Internal Affairs
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Peculiarities of Investigating Criminal Offenses Related to Illegal Turnover of Narcotic Drugs, Psychotropic Substances, Their Analogues or Precursors: Criminal Law Aspect Maksym Korniienko; Anatolii Desyatnik; Galina Didkivska; Yevhen Leheza; Oleksiy Titarenkо
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.v5i3.31742

Abstract

The article highlights the legal regulation of peculiarities concerning investigation of criminal offenses related to the illegal turnover of narcotic drugs, psychotropic substances, their analogues or precursors.. Main content. It has been established that effectiveness of pre-trial investigation in criminal proceedings on the facts of illegal sale of substances excluded from free circulation using the Internet and other telecommunication technologies is complicated by the need to identify the user under a nickname. Methodology:  The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. It has been established that  in today’s conditions, against the background of the global IT development of society and the active introduction of the latest technologies in all spheres of human life, the forms of sale of narcotic drugs, psychotropic substances, their analogues or precursors are also changing. While using the assets of modern technologies criminals constantly improve their criminal activities, change directions of interaction with the aim of committing offenses. In Ukraine, as well as in the world in general, drug crimes are actively carried out through smartphones via the “Internet” network using messengers and special applications for the distribution of psychoactive substances, narcotic drugs and their analogues.
Constitutional, Administrative and Criminal Law Regulation of Protecting Rights of Internally Displaced Persons: Foreign Experience and Directions for Improvement Olha Balynska; Maksym Korniienko; Oleh Martseliak; Vira Halunko; Ihor Mahnovskyi
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.33775

Abstract

The purpose of the article consists in revealing the constitutional, administrative and criminal law foundations of protecting rights of internally displaced persons, problems of implementing foreign experience and identification of directions for improvement. It is substantiated that the system of individual protection standards is a kind of international mechanism for ensuring first of all the status of rights and freedoms of internally displaced persons, the corresponding guarantees regulated by the norms of universal, regional and special treaties, implemented by authorized subjects of public administration in various spheres of society. Attention is focused on compliance with the Guidelines of 1998, which are the basis of the legal acts of the European Union, the Council of Europe and other democratic countries. However, the existing standards of individual protection are not uniform, and there is no corresponding institutional mechanism. Universal, supranational, regional, mandatory, recommendatory, permanent and temporary standards are singled out. The authors conclude that the Ukrainian authorities are entrusted with important tasks, functions and powers to guarantee the rights and freedoms of internally displaced persons, as well as tasks concerning implementation and protection of such rights and freedoms, restoration of violated rights and implementation of existing international standards and best foreign practices. Therefore, it is natural to improve Ukrainian legislation and ensure effective and accessible procedures. Proposed are ways to solve existing problems in the sphere of social protection, electoral law, housing and land rights, and provision of legal aid.
Negotiating Islamic Law and Customary Practice: Fiqh al-Aqalliyyat and Restorative Justice in Banjar Inheritance Disputes Ahmad Sukris Sarmadi; Anwar Hafidzi; Mohlis Mohlis; Oleksandr Yunin; Maksym Korniienko
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3673

Abstract

Inheritance disputes in Banjar customary society extend beyond material distribution and are closely connected to kinship relations, moral obligations, and communal harmony. When such disputes are resolved exclusively through state law, particularly the Compilation of Islamic Law (KHI), the outcomes often fail to accommodate the social and cultural realities of indigenous Muslim communities. Formal litigation, with its adversarial structure and procedural rigidity, may intensify conflict rather than restore family relationships. This study adopts a normative legal research design using conceptual, doctrinal, and comparative approaches to examine Banjar customary inheritance mechanisms, namely bacu’ur (genealogical tracing), basuluh (moral and religious consultation), and bapatut (consensus-based deliberation). These mechanisms are analyzed through the perspectives of restorative justice and fiqh al-aqalliyyat as frameworks of contextual Islamic legal reasoning. The analysis relies on primary legal sources, including the 1945 Constitution, the KHI, and legislation on alternative dispute resolution, as well as secondary literature from legal anthropology and restorative justice studies, without employing empirical methods. The findings indicate that the Banjar karakatan system embodies restorative justice principles such as dialogue, collective responsibility, and relational repair. From the perspective of fiqh al-aqalliyyat, these practices constitute legitimate forms of Islamic legal reasoning that prioritize maslahah, islah, and social cohesion within plural legal settings. This study argues that Banjar customary inheritance resolution offers a normatively grounded model for integrating Islamic law, customary practices, and restorative justice within Indonesia’s alternative dispute resolution framework, contributing to broader debates on legal pluralism and the contextual application of Islamic law.
Co-Authors Ahmad Sukris Sarmadi Anatolii Desyatnik Anwar Hafidzi Galina Didkivska Ihor Mahnovskyi Mohlis Mohlis Oleh Martseliak Oleksandr Yunin Oleksiy Titarenkо Olha Balynska Vira Halunko Yevhen Leheza