Journal of Legal Studies

Comparative Analysis of Evidence Law Within the Civil Process Comparative-legal Research

Sophio Barnabishvili — 2023-11-02

The article discusses the types of evidence used in the civil law process. Comparative-legal research includes a list of types of evidence used in the civil law process in different countries of the world, their description, and legal significance based on local law. The Code of Civil Procedure is a legal means of protecting the civil rights and freedom of a person. Proceedings are conducted in compliance with the principles of disposition and competition, which allows disputing parties, under equal conditions, to determine the essence of the dispute on their initiative and to present relevant different types of evidence to determine the truth in the case. In general, asserting one's position, truth, or justice and obtaining, collecting and presenting relevant evidence for the purpose is related to the legal awareness, good faith and sound logic developed by the party (its representative or third parties). In the process of development of a democratic state, much attention is paid to the pursuit of perfection of individual disciplines of private law, which mainly includes the objective protection of human rights and legal interests. In this process, it is of the utmost importance that the relevant norms of the law allow the interested person to present appropriate evidence to confirm the violation of the right and request the restoration of the violated rights in the justice implementing Agency. The Code of Civil Procedure is a legal means of protecting the civil rights and freedom of a person. Proceedings are conducted in compliance with the principles of disposition and competition, which allows disputing parties, under equal conditions, to determine the essence of the dispute on their initiative and to present relevant different types of evidence to determine the truth in the case.

Nexus Between Fiscal Policy Mechanism and Stock Market Output in a Growing Economy

Cordelia Onyinyechi Omodero — 2023-11-02

Fiscal policy methods are critical to a country's economic stability. However, when fiscal policy changes occur, all economic sectors react either favorably or adversely. The stock market is not spared from this reaction because it is likewise an important aspect of the economy. From 1998 through 2020, the inquiry looks at the link between fiscal policy mechanisms and stock market performance. The Levin, Lin, and Chu test is used to determine data stationarity. At zero latency, all factors remain constant. Other screening tools employed indicate that all datasets and models utilized in this work are of satisfactory quality. Pearson Product Moment Correlation (PPMC) is a statistical method used to investigate the link between fiscal policy plans and stock market results. Correlation coefficients quantify the strength of a link between two variables. The study's findings indicate that fiscal measures such as tax income, domestic borrowing, government capital, and regular expenditure have a substantial and extremely strong positive relationship with Nigerian stock market returns. The study also indicates that foreign borrowing is harmful to Nigeria's stock market advancement. Other data indicate that foreign borrowing has a modest to very weak link with other fiscal policy methods when compared to the outcomes of the other instruments. As a result, the report recommends increased tax income collection and a significant reduction in the country's foreign debt.

Complications in Classifying Suicide Incitement as a Crime

Nukri Matua — 2023-11-02

The article describes and evaluates Georgian legislation in comparison to foreign legislation, as well as, based on the practical analysis, highlights the critical elements of the actual composition leading to suicide and suicide attempt. The problem of identifying whether a crime leading to suicide, or a suicide attempt qualifies for prosecution before investigative bodies and national courts is the main concern. Because of this, the article analyzes topics covered by European and National Court judgments on human rights. The intricacies of the suicide investigation are explained based on the author's personal professional and practical knowledge, likewise, the conditions that need to be proven all through the case investigations. This article provides an overview of the problems with the current legislative architecture, its weaknesses, and basic suggestions for improving them.

Governance, Investors Motivations and Foreign Direct Investment Inflow in Selected African Countries: Does John Dunning’s Eclectic Paradigm Matters?

Felix Aberu — 2023-11-02

Over the years, studies have focused on the implications of institutional quality as a key factor of FDI inflows into Africa and how it influences the economic processes of various African countries. However, in the studies on Africa, investors’ motivations as determinants of foreign direct investment inflows into African regions are grossly understudied and yet determined. As a result, there is a need to investigate the impact of FDI inflows on African countries, as well as the implications of home and host country investment phenomena. The study employs ex-post-facto research using panel data obtained from different World Bank publications; world development indicators, and the Transparency Index database from 1997 to 2022. The System Generalized Method of Moments (SGMM) was used to examine the data. The results reveal that governance and investor motivations have a negative impact on each other; the effect of the interacted variables is less than the total of the impacts of governance and investor motivations separately. Therefore, FDI in the selecte3d African countries will decline by 7.5 points for every unit increase in the level of poor governance and investor motivations, and this validates the locational assumption of John Dunning Eclectic Paradigm with the proposition that FDI inflows is a function of the home and host investment phenomena As a result, we recommend that African governments implement Regulatory reform, market reform, complete streets policies, and contingency-based planning that are FDI inflow induced.

Oligarchic Politics in the Context of a Democratic Rule of Law in Relation to the Principle of Expediency

Ahmad Rifai Suftyadi — 2023-11-02

Indonesia, which is a democratic country, is not necessarily free from the practice of ownership of a handful of groups that influence the course of the National constitution. Oligarchy begins with the fact that extreme material inequality produces extreme political inequality. Although in a democracy, position and access to the political process are interpreted as equal, the enormous wealth in the hands of a small minority creates a significant excess of power in the political sphere for that group. The practice of oligarchic politics in Indonesia has been prominent and widespread since the New Order era. Oligarchy has undermined the philosophical meaning of democracy, which is political power or government run by the people, and for the people. Freedom in the political field certainly does not mean legalizing all means but remains in the corridor as contained in Pancasila as the basic ideology of the Indonesian nation. The good and bad of the law must be measured by the good and bad consequences produced by the application of the law, meaning that legal provisions can be considered good and provide benefits if the consequences resulting from their application are good, maximum happiness, and reduced suffering.

Genesis of Legal Regulation of Pre-trial Detention in Sweden and Ukraine: Comparative Analysis

Dariia Melnykova — 2023-11-02

The paper goes on to discuss the prevalence of issues in pre-trial detention practices in both Sweden and Ukraine, as noted by international and national organizations. Sweden has witnessed a growing trend in pre-trial detention statistics, while Ukraine, despite a decreasing trend in remand, faces a substantial number of cases brought against it at the European Court of Human Rights (ECHR) pertaining to pre-trial detention. The historical context reveals that these two countries have responded differently to criticism and challenges, reflecting variations in their legal systems and corresponding regulations on pre-trial detention. Nonetheless, both nations have pursued reforms with a shared objective: to improve the pre-trial detention system. Given these divergent experiences, statistical data, and overall context, it is evident that a comparative analysis of pre-trial detention policies in Sweden and Ukraine is warranted. Such a comparison can offer valuable insights into the existing problems in both countries and suggest pertinent solutions, taking into consideration their distinctive experiences and circumstances.

Forensic Science Integration in Legal Education: a Paradigm Shift for Strengthening Legal Expertise in Pakistan

Muhammad Imran Ali — 2023-11-02

The objective and scientific interpretation of evidence provided by forensic science is a crucial component of the contemporary judicial system. In Pakistan, forensic science education is not a part of the required curriculum for obtaining a Bachelor of Law (LL.B.) degree. Lawyer’s knowledge of the scope and limits of forensic research is hindered by the absence of a thorough forensic science component within law school. This, in turn, may obstruct the proper use of forensics in court procedures, which can slow down the distribution of justice. Forensic science education offers numerous benefits, including a holistic understanding of law and forensic science, interdisciplinary skills development, enhanced collaboration between lawyers and experts, and the development of specialized lawyers for handling complex cases. Law students may benefit from a deeper grasp of the scientific processes involved in criminal investigation, evidence collecting, preservation, analysis, and presentation by taking forensic science courses. Future lawyers will benefit from this understanding while trying cases, challenging expert testimony, and arguing on behalf of their clients. This article addresses the advantages, problems, and possible tactics for integrating forensic science into the LL.B. curriculum in Pakistan.

An Overview of Criminal Provisions Responding to Hate Speech in Turkish Law

Devrim Aydın — 2023-11-02

There are several reports and cases that demonstrate the clear increase of hate speech in Turkey through media and especially on social media against some national and religious minorities, asylum seekers, refugees, and LGBTQ. This was also reported by the European Commission which pointed out that there is no effective prosecution of incitement to hatred, including by the media. In addition hate speech is not clearly regulated, expressions that can be considered hate speech are interpreted sometimes through provisions that regulate the crime of defamation against a person or the crime of defamation against a part of people. Although tidy legislation which defines and regulates hate speech through media, the internet and, social media is not yet available in the Turkish Penal Code. Major provisions that can be associated with hate speech are available in the Turkish Penal Code in a scattered manner. There are also related regulations in the law governing internet broadcasting and the law governing radio and television broadcasting. Expressions that can be considered hate speech are, in some cases interpreted through provisions that regulate the crime of defamation against the person. The most important problem pertains to the fact that hate speech and hate crimes have not been prescribed under a single title in Turkish Law.

Romania's 1866 Electoral System and the Quest for National Sovereignty

Răzvan Cosmin Roghină — 2023-11-02

In 1866, religion played a significant role in unifying the Romanian national spirit. A foreign prince was brought to rule under the Orthodox faith, and this religious aspect was incorporated into Article 82 of the Constitution.

The limitation of political rights in Romania was based on ethnic criteria, with Jews and other non-Christians excluded from full participation. The electoral system introduced a high property-based voting qualification, reflecting, to some extent, liberal principles, but effectively limiting actual participation.

Thus, the Romanian Constitution of 1866 struck a delicate balance between borrowed liberal ideals and the specific cultural context of Romania. It emphasized the role of religion and property ownership in shaping political rights and identity, while also attempting to align with European constitutional standards. The electoral system of 1866 in Romania fell short of democratic ideals and perpetuated inequalities. It shaped the political landscape and had far-reaching consequences for the country's governance and representation.

Quo Quadis Romanian Education? Brief Introspection

Verginia Vedinaş — 2023-11-02

This study aims to conduct a brief introspection of the current state of Romanian education, in general and of academic education, in particular. The approach is achieved under four coordinates: legislative evolution; a review of constitutional and legal provisions; a critical approach to academic education and possible solutions.

Protection of Private, Family, and Intimate Lives

Anca Florina Moroșteș — 2023-11-02

The Constitutional Court of Romania (CCR) holds an essential position in guaranteeing the observance of human rights within the country's constitutional and legal framework. Through its attribution to interpret and verify the compliance of laws with the Constitution, the CCR has built a vast and particularly significant caselaw regarding the individual’s fundamental rights.

By studying the Constitutional Court of Romania's judicial practice in the field of human rights, we can examine how fundamental rights are interpreted and implemented in the national legal system.

In this regard, the CCR plays a vital role in ensuring the protection and promotion of these rights by interpreting the Constitution and applicable legislation in accordance with international standards.

It is important to highlight that the CCR's human rights caselaw reflects the constant attempt to ensure a balance between the individual’s and society's interests, protecting fundamental rights in accordance with the principles of the rule of law and international standards in the field.

Through the analysis of concrete cases and constitutional interpretation, the CCR strengthens its essential role in human rights promotion and defense in Romania.

Tax Evasion Between Tax Optimization at the Border of Legality, Tax Burden and Voluntary Compliance

Daniela Petrașcu — 2023-11-02

Tax evasion operates beyond the boundaries of the jurisdictions, it develops across borders, and the extent of tax fraud as a phenomenon is differentiated according to the aspects and the rigours of legislation, as well as according to the economic environment of each country in part. Regardless of the level of development of the country in which it manifests, the effects of the fiscal fraud are destructive, affecting both the state budget, as well as the financial resources of the offenders’ commercial partners. The fiscal fraud has negative effects over the economic market, and one of the consequences is the social inequality from the perspective of the abuse and the predisposition of certain taxable subjects to fraud. Certainly, the phenomenon remains unraveled, the financial schemes being extremely complex, and the fraud mechanisms are some of the most laborious ones and in a permanent improvement, while the evaders keep finding new means by way of which they illegally attract financial resources. The fight against tax evaders is a difficult one, mainly because of the sometimes “deliberate” legislative “loopholes”, but also because of their ingenuity, which is often “one step” ahead of those who fight against tax evasion.