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INDONESIA
Ius Humani. Law Journal
Published by Universidad de Los Hemisferios
ISSN : 1390440X     EISSN : 13907794     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice
Ius Humani Law Journal is a platform (iushumani.org) open to researchers around the world. It contains articles in all languages, where writers publish original studies on persons rights (natural, human or constitutional) and about the effective procedures for the protection of rights. The studies are viewed both form the philosophical perspective and the perspective of the fundamental juridical principles. Ius Humani’s purpose is the diffusion of knowledge, and the promotion of debate on different juridical perspectives.
Arjuna Subject : -
Articles 225 Documents
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Justice in the Covid-19 era Through the Prism of Judicial Power Victor Gorodovenko; Oleksandr Bondar; Larysa Udovyka
Ius Humani. Jornal do direito Vol 10 No 1 (2021): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i1.270

Abstract

The work is devoted to identifying the main problems in the field of the principle of legal proceedings in the context of the Covid-19 pandemic. The research applies the formal-legal, historical and legal, comparative and modeling methodology. The order and issues to be considered are as follows: in the first section, we will consider the challenges and threats to justice that emerged during the Covid-19 pandemic. In the second section, we will see the judicial experience during the pandemic in the context of the basic principles of the judiciary. In the third section, we examine the application of organizational and procedural principles of the judiciary during the pandemic crisis. In the final fourth section, we will assess the role of international judicial institutions and government bodies in optimizing the administration of justice in the context of the Covid-19 pandemic. As a result of the work, emphasizing the vulnerability of the judicial system and justice standards, the authors support the expansion of exchange of experience and cooperation not only at the state level but also at the level of professional communities of judges, in particular with the members and judges of the European Commission for the Effectiveness of Justice, the Advisory Council of European Judges, and the European human rights courts.
Comparative Legal Research on Contract Law Changes Under Covid-19 Pandemic: England, United States, Asia and Ukraine Inna Vorotyntseva; Ivanna Hranina; Maryna Pysarenko
Ius Humani. Jornal do direito Vol 10 No 1 (2021): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i1.275

Abstract

The study aims to characterize the changes in contract law under the influence of the Covid-19 pandemic in Ukraine and the world. For this purpose, we used systemic, comparative-legal, and formal-legal methods. The paper consists of an introduction, methodology section, bibliography review, results, discussion, conclusions, and references. In the result of the study some distinctive features of changes in contract law under Covid-19 pandemic at the level of national law of Ukraine and some foreign countries were characterized and highlighted. The authors came to the conclusion that changes in contract law are typical for the countries of continental law. Instead, common law states remain resistant to changes in contract law, particularly, the force-majeure application. The reason for this lies in the specific doctrine of the common law countries, as England and the United States. These countries’ courts remain unshakable in terms of managing the contracts performance. In contrast, some Asian and European states (including Ukraine) are characterized by dynamic changes in legislation, given the pandemic situation. The paper also discusses similar institutions like hardship and frustration of purpose, which are both applicable in continental and common law countries.
The Repealed Prohibition of Baptism and Religious Marriage, Without the Previous State Process, Approval and Register Juan Carlos Riofrío Martínez-Villalba; Jaime Baquero de la Calle Rivadeneira; Pablo Marcelo Espinosa Quiroz; Juan Pablo Aguilar González
Ius Humani. Jornal do direito Vol 10 No 1 (2021): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i1.276

Abstract

This study explains how the Ecuadorian registry regulation has evolved related to the prohibition of celebrating baptism and religious marriage without having managed the identity registry and having carried out the civil marriage previously. Curiously, this prohibition was born in the Ecuadorian legal system with the advent of the secular State. From then, some constitutionalists experts observed that it was a contradiction to proclaim the separation of Church and State, allowing the State to control the sacraments of the Christian community by imposing prohibitions. Fortunately, the latest regulatory reforms of the Public Registry have eliminated such prohibition. However, some ecclesiastical sectors continue acting as if it still exists. These matters are analyzed with a casuistic, historical, and legal method that illustrates how the regulation had evolved and which is the current standard today. The analysis is divided into four sections. The first section identifies the problem and explains the current practices within the Catholic Church, despite the regulation changes. The second section describes certain cases where it is no longer convenient for the Church to require a civil certificate to officiate ecclesiastical ceremonies. The third section provides a historical and legal perspective of the Ecuadorian legislation. Finally, it is concluded that today the prohibition against celebrating baptism and religious marriage without the mediation of State registries has ceased to exist, and the Christian authorities are urged to review whether their practices can be better adapted to the new legal framework.
Communication Organic Law Commented, review Gabriela Rodríguez Llamas
Ius Humani. Jornal do direito Vol 10 No 1 (2021): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i1.278

Abstract

This work contains a review of the work “Organic Communication Law commented” by Dr. Juan Carlos Riofrío Martínez-Villalba, as well as a brief comment on the profound reforms made to this law made in February 2019. Some lights and shadows of this reform are shown here, following the author’s commentaries. It is also explained here how this work is part of the Ecuadorian Digest collection, that the Corporación de Estudios y Publicaciones (CEP), with the University of the Hemispheres, are taking forward. In the first part we talk about the author and about the opportunity of the work. Then, in Part II we discuss the aims of the reform. Finally, in Part III we include some conclusions that help us assess the reform and the commented work. Although what has been done to reconquer freedom of expression is very positive, following the author comments, we miss the disappearance of the principles of communication, which today only remain as doctrinal standards in our environment.
Legal Nature and Inheritance of Virtual Property in Ukraine and the World: Current Status, Problems, Prospects Davydova, Iryna; Didenko, Larysa; Tomina, Viktoriya
Ius Humani. Jornal do direito v. 10 n. 2 (2021): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i2.283

Abstract

In recent years, there has been a growing interest in such a phenomenon as a digital inheritance. Sooner or later, users of social networks or online games begin to think about the status of their virtual assets, as they become valuable since users have spent a lot of time to earn them. However, legislation on digital inheritance remains either imperfect or does not answer the question of what happens to digital property after one's death. The study aimed to describe the situation in the field of digital inheritance through the concepts of virtual property and IT objects. We used systemic, formal-legal, and hermeneutic methods to describe the state of the art in the area of virtual property and digital inheritance through the lens of jurisprudence. The found results suggest that digital inheritance is a growing problem due to imperfect or absent legislation with simultaneously increasing role and importance of the virtual world and digital assets in everyday life. Accordingly, we have found that court decisions set the tone for the development of the legislative process in this field, but at the moment, we are only at the beginning of the creation of solid and harmonized legislation towards digital inheritance. It is also determined that the concept of virtual property does not contradict the general principles of civil law, so it can be applied in the context of digital inheritance.
Some Preliminary Considerations for the Legal-Economic Analysis of Corporate Social Responsibility Méndez Reátegui, Rubén; Tabra Ochoa, Edison
Ius Humani. Jornal do direito v. 10 n. 2 (2021): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i2.282

Abstract

This review article presents some preliminary considerations and describes the evolution of corporate social responsibility, which is necessary for an informed study of this " tool". In that sense, the authors resort to a preliminary exploration of the conceptual framework of the legal-economic approach presenting social responsibility and the relationship that subsists with " property rights", the relevance of " transaction costs", among other aspects. They also explore the interrelation between social responsibility and its forms of legal exercise and its characterization in areas that involve linking it with workers, unions, and consumers. The aim is to highlight its importance and build a contribution where social responsibility will be studied from an analytical and empirical perspective. Thus, it is sought to conclude that the company considers implementing and complying with good corporate governance standards since they expand the shared vision of business management, effectively allocating resources to obtain the most significant benefits of establishing a corporate social responsibility regime.
Labor Relations Law in the Public Sector and the Fourth Rule of the Protective Principle Ubilla Fernández, Gonzalo
Ius Humani. Jornal do direito v. 10 n. 2 (2021): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i2.265

Abstract

This paper focuses on developing the issue of labor relations in the public sector, and more specifically in the area of the protective nature that the Uruguayan legal system displays on the functional link between the State as employer and the public official as worker. The approach to be taken on the subject will be based on a vision of the general principles of Labor Law, and a constructive syllogistic position in a tertium genus view between Labor Law and Administrative Law for the phenomenon of labor relations in the public sector. On the basis of this idea of common formation and construction among both branches of Law, an attempt will be made to propose the figure of a fourth rule in the form of action of Labor Law operates. Analyzing the impact and scope of the presence of this new legal concept with the aim of protecting public officials and providing a new distinctive element to continue thinking about whether or not we are dealing with a new autonomous branch of Law.
Balancing and Its Application in Judgment 11-18-CN/19 Regarding "Equal Marriage" in Ecuador Avalos Barreno, Iván Rodrigo
Ius Humani. Jornal do direito v. 10 n. 2 (2021): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i2.277

Abstract

In 2019 the Constitutional Court of Ecuador issued sentence 11-18-CN/19. In this resolution it was affirmed that article 67 of the Constitution-which established that marriage is the union between a man and a woman-was unconstitutional, thus granting the possibility for same-sex people to marry. For this, the Judge Ramiro Ávila Santamaría, among other arguments, used balancing. The essential part of balancing is the weight formula. However, this was not use in that sentence. Through this argumentative method, it was concluded that the principle of equality prevails over other general principles of law. This paper analyzes the weight formula, applying it in the way that, in my opinion, the Constitutional Court should have done in the " egalitarian marriage" judgment. For this, the analytical-synthetic method is used, breaking down the argumentation made by Judge Ávila into fragments. The first section deals with the elements of the weight formula. Then the balancing exercise carried out in the sentence is exposed, followed by a demonstration of the argumentative errors committed, highlighting the mistake in choosing the principles in conflict. Finally, a new balancing exercise is presented, confronting the principles that should have been taken to the balance. The paper concludes mainly that the Constitutional Court erroneously applied balancing in the " egalitarian marriage" judgment.
Legal Nature of Terrorist Crimes in Russian Legal System Babichev, Arseniy Georgievich; Khakimova, Elmira Robertovna
Ius Humani. Jornal do direito v. 10 n. 2 (2021): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i2.286

Abstract

The article examines the legal nature of terrorism from the Russian legal system point of view. The relevance of the research stems from the large scale, sophistication, and cruelty with which terrorist crimes have been committed over the recent decades. Terrorism has nowadays become a global threat, and any government, including government of the Russian Federation, must take it into consideration when formulating its domestic and foreign policy. In countering terrorist crimes, current regulations of the Criminal Code of Russian Federation take rather important part. Punishment differentiation, depending on corpus delicti and consequences, as well as correct qualification of terrorist crimes, are the most important conditions of those regulation's efficient application. This problem is in fact interdisciplinary one, which is proved by researchers from other scientific fields: not only law scientists, but also psychologists, historians, political scientists. All the listed illustrates relevance, timeliness, and expediency of researching the problems mentioned. The purpose of the study is formulating recommendations for solving the above-mentioned issues of improving the existing criminal (and other) measures and developing new viable and practically applicable criminal measures for countering terrorist crimes.
Developing Information Technology Law and Legislation: Analysis of International Experience and Possibilities of Its Application in Ukraine Aristova, Irina; Brusakova, Oksana; Koshikov, Denis; Kaplya, Oleksandr
Ius Humani. Jornal do direito v. 10 n. 2 (2021): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i2.287

Abstract

The purpose of this article is focusing attention on the relevant problematic issues that exist in the sphere of legal regulation of domestic area of high technologies, as well as finding ways of their effective solution. Noted that the legal regulation of objects and phenomena surrounding the domestic information technology (IT) sphere is quite weak and insufficient compared to other countries. Effectively functioning practices of legal regulation of the sphere of high technologies that exist in developed democracies are analyzed for their compliance with the realities of the domestic legal system. Considerable attention is paid to the characteristics of the current state of functioning of IT law and legislation in democracies. The initial successes that have already been achieved in Ukraine in relation to the IT sphere in the past were analyzed. The perspective directions of further development of IT law, as well as related domestic and international legislation, are considered. It is pointed out that the development of both the domestic high-tech industry and the functioning of IT law and legislation are inextricably linked with the democratization of the country. The methodological basis for writing the article was a set of general scientific and special methods and techniques of scientific knowledge.

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