Pub Date : 2023-05-14DOI: 10.33327/ajee-18-6.2-a000222
N. Kvit
Background: This article focuses on the analysis of posthumous reproduction regulation perspectives in Ukraine through the lens of war risks, considering how the reproductive rights of male and female military personnel could be best guaranteed. In particular, the peculiarities of different legal and ethical problems, like formal requirements for the disposal of reproductive biological material and embryos in case of death, as well as issues of inheritance and establishment of paternity/maternity, are disclosed. The problem of posthumous reproduction legal regulation unification in the application of technology of posthumous reproduction is considered. Attention is also focused on the possibility of reproductive tourism for the sake of posthumous reproduction. Methods: The methodological framework of the study was a range of philosophical, general, and legal methods. The-dialectical method of cognition made it possible to investigate the problem’s social and ethical content and legal form and conduct a systematic theoretical and legal analysis of the applying posthumous reproduction in practice, especially under the scope of risks for health and life, which are conditioned by war in Ukraine. Thanks to the comparative method, the diversity of posthumous reproduction regulation models worldwide was investigated and compared with current Ukrainian draft Laws, particularly considering which of the models listed could best fit the Ukrainian law and moral traditions and the current situation in our country. With the help of a formal-legal approach, the content and peculiarities of contractual and legal practice were analysed. Results and Conclusions: It was comprehensively considered that posthumous reproduction should be allowed and regulated in the special law of Ukraine, which must perform the clear and justified legal framework to protect the rights of all participants of these sensitive relationships: consumers and performers of these reproductive services, as well as so-called postmortal children.
{"title":"Prospects for Regulating the Right to Posthumous Reproduction in the Context of War in Ukraine: Foreign Experience and Formation of Legal Support for the Realisation of Reproductive Rights of Military Personnel","authors":"N. Kvit","doi":"10.33327/ajee-18-6.2-a000222","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-a000222","url":null,"abstract":"Background: This article focuses on the analysis of posthumous reproduction regulation perspectives in Ukraine through the lens of war risks, considering how the reproductive rights of male and female military personnel could be best guaranteed. In particular, the peculiarities of different legal and ethical problems, like formal requirements for the disposal of reproductive biological material and embryos in case of death, as well as issues of inheritance and establishment of paternity/maternity, are disclosed. The problem of posthumous reproduction legal regulation unification in the application of technology of posthumous reproduction is considered. Attention is also focused on the possibility of reproductive tourism for the sake of posthumous reproduction. \u0000Methods: The methodological framework of the study was a range of philosophical, general, and legal methods. The-dialectical method of cognition made it possible to investigate the problem’s social and ethical content and legal form and conduct a systematic theoretical and legal analysis of the applying posthumous reproduction in practice, especially under the scope of risks for health and life, which are conditioned by war in Ukraine. Thanks to the comparative method, the diversity of posthumous reproduction regulation models worldwide was investigated and compared with current Ukrainian draft Laws, particularly considering which of the models listed could best fit the Ukrainian law and moral traditions and the current situation in our country. With the help of a formal-legal approach, the content and peculiarities of contractual and legal practice were analysed. \u0000Results and Conclusions: It was comprehensively considered that posthumous reproduction should be allowed and regulated in the special law of Ukraine, which must perform the clear and justified legal framework to protect the rights of all participants of these sensitive relationships: consumers and performers of these reproductive services, as well as so-called postmortal children.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46499304","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Background: This paper deals with the ethical limitations of e-commerce. The aim is to discover areas where the protection is not granted as users would expect and to make proposals for improvement. The authors will begin the paper by proposing the market of e-commerce and how it is directly linked to society’s daily life. The method adopted for the legal perspective is case studies, where the Kingdom of Saudi Arabia’s (KSA) legal context will be explored. In the end, the paper will answer two main questions: What are the ethical challenges facing the issue of data protection in electronic commerce? What are essential legal frameworks that regulate the subject of data protection in Saudi Arabia? Methods: The normative method is applied to identify the main legislations used in e-commerce and data protection, especially regarding big data regulations. A case study analysis is also used where KSA legislation is investigated. Results and Conclusions: The authors saw that e-commerce is an insecure place to protect customer data. This data is stored electronically, so it is very easy to steal it in addition to the use of this data by companies without the permission of the customer. Research proves that laws are unable to keep pace with technological developments and are unable to provide effective protection for data stored in the cloud.
{"title":"Business Ethics in E-Commerce – Legal Challenges and Opportunities","authors":"Zaki Mahmed Channak","doi":"10.33327/ajee-18-6s007","DOIUrl":"https://doi.org/10.33327/ajee-18-6s007","url":null,"abstract":"Background: This paper deals with the ethical limitations of e-commerce. The aim is to discover areas where the protection is not granted as users would expect and to make proposals for improvement. The authors will begin the paper by proposing the market of e-commerce and how it is directly linked to society’s daily life. The method adopted for the legal perspective is case studies, where the Kingdom of Saudi Arabia’s (KSA) legal context will be explored. In the end, the paper will answer two main questions: What are the ethical challenges facing the issue of data protection in electronic commerce? What are essential legal frameworks that regulate the subject of data protection in Saudi Arabia?\u0000Methods: The normative method is applied to identify the main legislations used in e-commerce and data protection, especially regarding big data regulations. A case study analysis is also used where KSA legislation is investigated.\u0000Results and Conclusions: The authors saw that e-commerce is an insecure place to protect customer data. This data is stored electronically, so it is very easy to steal it in addition to the use of this data by companies without the permission of the customer. Research proves that laws are unable to keep pace with technological developments and are unable to provide effective protection for data stored in the cloud.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43165086","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-05DOI: 10.33327/ajee-18-6.2-n000225
Driton Muharremi, Mensut Ademi
Background: The feeling of fear of crime is a condition created in the hearts of many citizens, both in urban and rural areas, in war or peace, and the goal of many international researchers in the field of criminology is to evaluate it. This article is broken into three parts. The first part introduces the factors that explain the fear of crime, a including socio-demographic and social-psychological model by A. van der Wurff, L. van Staalduinen, and P. Stringer. The second part provides an overview of paradoxes and inconsistencies in the literature regarding fear of crime and the police’s role in reducing the fear of crime. Discussing public, political, and media perceptions of the role of police, and these perceptions’ implications for possible ways the police can increase feelings of security. Finally, it covers measures that can reduce fear of crime. The police presence in dangerous areas with criminal influence is an important factor to reduce the fear of crime. Citizens continue to make more demands of the police to fight crime, and this task is directed mainly at community policing. Alleviation of the fear of crime comes with the preventive actions of the police. They believe their presence in a neighbourhood calms the situation. For citizens, on the other hand, police presence can be seen as an indicator of an unsafe, tense, or disorderly situation. Methods: The combined methodology from the studies of self-accusation and victimization was used in this paper by following the listed methods. The police’s role to reduce the fear of crime in the RPRFCC community has two distinctive features identified within a comparative study of crime and victimization: the large number and cultural diversity of participants in our country, Kosovo, and its explicitly comparative design. The study reviews how to overcome these challenges and how to gather the data in time or to give an early warning.1 An integral part of comparative survey research is the inclusion of a long tradition of researchers in the fields of cultural anthropology, sociology, political science and criminology, with few clear solutions (A. Prezworski and H. Teune, M. Armer and A. D. Grimshaw, M. L. Kohn, C. Ragin, E. Allardt, S. Karstedt, N. J. Smelser, F. van de Vijver and N. K. Tanzer, T. Bennett, D. Nelken, S. Rokkan, et al.). During the implementation of RPRFCC, many technical, human, and logistical challenges and problems can arise, but awareness of these problems is the best weapon against oversimplification or misinterpretation of the results.2 The research also analyses the strongest and most problematic aspects, such as the challenges faced by residents and identification of a number of recommendations to strengthen law enforcement agencies’ work in the future. The paper addresses the following questions: 1. What conditions and causes lead to the occurrence or development of criminal behaviour in a society at a given time? 2. What are effective ways to remove the conditions a
背景:恐惧犯罪的感觉是许多公民心中产生的一种状态，无论是在城市还是农村地区，在战争或和平时期，许多国际犯罪学研究人员的目标是对其进行评估。本文分为三个部分。第一部分介绍了解释犯罪恐惧的因素，包括a . van der Wurff, L. van Staalduinen和P. Stringer的社会人口统计学和社会心理学模型。第二部分概述了关于犯罪恐惧和警察在减少犯罪恐惧方面的作用的文献中的矛盾和不一致之处。讨论公众、政治和媒体对警察角色的看法，以及这些看法对警察增加安全感的可能方式的影响。最后，它涵盖了可以减少对犯罪恐惧的措施。警察在有犯罪影响的危险地区的存在是减少犯罪恐惧的一个重要因素。市民继续对警察提出更多打击犯罪的要求，而这项任务主要针对社区警务。减轻对犯罪的恐惧需要警察采取预防措施。他们相信他们的出现能平息局势。另一方面，对市民来说，警察的出现可以被视为不安全、紧张或混乱局面的标志。方法:采用自我指责与受害研究相结合的研究方法。在犯罪和受害的比较研究中发现，警察在减少RPRFCC社区对犯罪的恐惧方面的作用有两个显著特征:我国科索沃参与者的数量和文化多样性，以及其明确的比较设计。该研究综述了如何克服这些挑战以及如何及时收集数据或早期预警。1比较调查研究的一个组成部分是包含了文化人类学、社会学、政治学和犯罪学领域的研究人员的悠久传统，这些研究人员很少有明确的解决方案(a . Prezworski和H. Teune, M. Armer和a . D. Grimshaw, M. L. Kohn, C. Ragin, E. Allardt, S. Karstedt, N. J. Smelser, F. van de Vijver和N. K. Tanzer, T. Bennett, D. Nelken, S. Rokkan等)。在RPRFCC的实施过程中，可能会出现许多技术、人力和后勤方面的挑战和问题，但对这些问题的认识是防止过度简化或误解结果的最佳武器该研究还分析了最严重和最有问题的方面，例如居民面临的挑战，并提出了一些建议，以加强执法机构未来的工作。本文解决了以下问题:1.;什么条件和原因导致犯罪行为的发生或发展在一个社会在给定的时间?什么是消除犯罪行为的条件和原因的有效方法?
{"title":"The Role of the Police in Reducing the Fear of Crime in the Community","authors":"Driton Muharremi, Mensut Ademi","doi":"10.33327/ajee-18-6.2-n000225","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-n000225","url":null,"abstract":"Background: The feeling of fear of crime is a condition created in the hearts of many citizens, both in urban and rural areas, in war or peace, and the goal of many international researchers in the field of criminology is to evaluate it. This article is broken into three parts. The first part introduces the factors that explain the fear of crime, a including socio-demographic and social-psychological model by A. van der Wurff, L. van Staalduinen, and P. Stringer. The second part provides an overview of paradoxes and inconsistencies in the literature regarding fear of crime and the police’s role in reducing the fear of crime. Discussing public, political, and media perceptions of the role of police, and these perceptions’ implications for possible ways the police can increase feelings of security. Finally, it covers measures that can reduce fear of crime.\u0000The police presence in dangerous areas with criminal influence is an important factor to reduce the fear of crime. Citizens continue to make more demands of the police to fight crime, and this task is directed mainly at community policing.\u0000Alleviation of the fear of crime comes with the preventive actions of the police. They believe their presence in a neighbourhood calms the situation. For citizens, on the other hand, police presence can be seen as an indicator of an unsafe, tense, or disorderly situation.\u0000Methods: The combined methodology from the studies of self-accusation and victimization was used in this paper by following the listed methods. The police’s role to reduce the fear of crime in the RPRFCC community has two distinctive features identified within a comparative study of crime and victimization: the large number and cultural diversity of participants in our country, Kosovo, and its explicitly comparative design. The study reviews how to overcome these challenges and how to gather the data in time or to give an early warning.1\u0000An integral part of comparative survey research is the inclusion of a long tradition of researchers in the fields of cultural anthropology, sociology, political science and criminology, with few clear solutions (A. Prezworski and H. Teune, M. Armer and A. D. Grimshaw, M. L. Kohn, C. Ragin, E. Allardt, S. Karstedt, N. J. Smelser, F. van de Vijver and N. K. Tanzer, T. Bennett, D. Nelken, S. Rokkan, et al.). During the implementation of RPRFCC, many technical, human, and logistical challenges and problems can arise, but awareness of these problems is the best weapon against oversimplification or misinterpretation of the results.2 The research also analyses the strongest and most problematic aspects, such as the challenges faced by residents and identification of a number of recommendations to strengthen law enforcement agencies’ work in the future.\u0000The paper addresses the following questions:\u00001. What conditions and causes lead to the occurrence or development of criminal behaviour in a society at a given time?\u00002. What are effective ways to remove the conditions a","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44336120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-03DOI: 10.33327/ajee-18-6.2-n000224
V. Turkanova
The article examines the main direction of the modern model’s formation of justice in Ukraine regarding sustainable development, the need to support and develop strong and peaceful institutions, and adaptation of Ukrainian legislation to EU law. Based on the analysis of existing approaches, the use of artificial intelligence for the development of tools that analyse large data sets of the Unified the State Register of Court Decisions to identify stable regularities in the judicial system’s functioning will be possible through the development of systems and assessment of risks to achieve the desired outcome of civil cases, increase the percentage of funds awarded, ensure the effective use of public funds for the maintenance of the judiciary in the state, and promote its growth equally across levels in society. The study showed that it is necessary to determine the indicators of the justice system’s efficient functioning and the main factors affecting their efficient consideration of civil cases by the court, as well as the reasons for the risk of excessive length in court proceedings, non-enforcement of court decisions, and high court costs. The findings show that it is necessary to develop a catalogue of information from the analysed cases by taking into account the legal proceedings’ administrative performance indicators in civil cases, as well as the identification of their main and significant factors affecting the effectiveness of legal proceedings and the derivation of quantitative and effective indicators.
{"title":"Prospects for the use of artificial intelligence and machine learning algorithms for effective resolution of civil disputes","authors":"V. Turkanova","doi":"10.33327/ajee-18-6.2-n000224","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-n000224","url":null,"abstract":"The article examines the main direction of the modern model’s formation of justice in Ukraine regarding sustainable development, the need to support and develop strong and peaceful institutions, and adaptation of Ukrainian legislation to EU law. Based on the analysis of existing approaches, the use of artificial intelligence for the development of tools that analyse large data sets of the Unified the State Register of Court Decisions to identify stable regularities in the judicial system’s functioning will be possible through the development of systems and assessment of risks to achieve the desired outcome of civil cases, increase the percentage of funds awarded, ensure the effective use of public funds for the maintenance of the judiciary in the state, and promote its growth equally across levels in society. The study showed that it is necessary to determine the indicators of the justice system’s efficient functioning and the main factors affecting their efficient consideration of civil cases by the court, as well as the reasons for the risk of excessive length in court proceedings, non-enforcement of court decisions, and high court costs. The findings show that it is necessary to develop a catalogue of information from the analysed cases by taking into account the legal proceedings’ administrative performance indicators in civil cases, as well as the identification of their main and significant factors affecting the effectiveness of legal proceedings and the derivation of quantitative and effective indicators.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42302871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-03DOI: 10.33327/ajee-18-6.2-n000206
Background: This article presents a scientific and legal analysis of the provisions of the current legislation of Ukraine and international legal acts in the field of protection of private property rights during the Russian-Ukrainian war. Based on historical and legal analysis of scientific heritage and modern scientific theories in the field of protection of private property rights and the right of possession by all subjects of public life, the authors of this article provide generalisations and recommendations for improving the effectiveness of international protection mechanisms in this area. Methods: The authors resort to numerous research methods, such as the method of philosophical dialectics and hermeneutics, historical, comparative, structural, and functional methods, analysis and synthesis, and induction. Results and Conclusions: The article examines international and Ukrainian regulatory legal acts that substantiate the mechanisms of acquisition, possession, and disposal of property owned by a person on the right of private property. Particular attention is paid to the latest problems associated with bringing to the established international responsibility war criminals involved in causing property damage and moral damage to the civilian population in connection with the destruction of private property. The authors suggest improving the mechanisms for the protection of the rights of private property that has been destroyed or damaged as a result of war crimes committed by Russian invaders on the territory of Ukraine.
{"title":"Protection of Property Rights during the Russian-Ukrainian War: Theoretical and Legal Analysis","authors":"","doi":"10.33327/ajee-18-6.2-n000206","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-n000206","url":null,"abstract":"Background: This article presents a scientific and legal analysis of the provisions of the current legislation of Ukraine and international legal acts in the field of protection of private property rights during the Russian-Ukrainian war. Based on historical and legal analysis of scientific heritage and modern scientific theories in the field of protection of private property rights and the right of possession by all subjects of public life, the authors of this article provide generalisations and recommendations for improving the effectiveness of international protection mechanisms in this area.\u0000Methods: The authors resort to numerous research methods, such as the method of philosophical dialectics and hermeneutics, historical, comparative, structural, and functional methods, analysis and synthesis, and induction.\u0000Results and Conclusions: The article examines international and Ukrainian regulatory legal acts that substantiate the mechanisms of acquisition, possession, and disposal of property owned by a person on the right of private property. Particular attention is paid to the latest problems associated with bringing to the established international responsibility war criminals involved in causing property damage and moral damage to the civilian population in connection with the destruction of private property. The authors suggest improving the mechanisms for the protection of the rights of private property that has been destroyed or damaged as a result of war crimes committed by Russian invaders on the territory of Ukraine.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45170904","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Background: Trafficking in human beings is a crime that violates human rights. Recent years have witnessed an increase in human trafficking for the purpose of commercial sex exploitation, forced labour, and beggary, to name but a few. Globalisation and advanced technology have been exploited by perpetrators of trafficking in human beings. This phenomenon is becoming more difficult to discover and investigate due to its nature and complexity. The purpose of this research is to explore the legal response to the crime of trafficking in human beings in the Kingdom of Saudi Arabia. Methods: This research uses a combination of primary and secondary resources such as the assigned laws, caselaw, academic books, journal articles, and reliable websites. Results and Conclusions: After working out that this crime falls within the scope of Ta’zer Crimes but not Hudud and Qisas crimes, the paper examines the efficiency of the Saudi Anti-Trafficking in Persons Law 2009 from two aspects, the effectiveness of penalties imposed on the human traffickers and the feasibility of protective measures provided in the law for safeguarding the trafficked person (victims). Finally, the study concludes with some findings and recommendations.
{"title":"Combatting Human Trafficking in Saudi Arabia","authors":"Samah Al Agha","doi":"10.33327/ajee-18-6s010","DOIUrl":"https://doi.org/10.33327/ajee-18-6s010","url":null,"abstract":"Background: Trafficking in human beings is a crime that violates human rights. Recent years have witnessed an increase in human trafficking for the purpose of commercial sex exploitation, forced labour, and beggary, to name but a few. Globalisation and advanced technology have been exploited by perpetrators of trafficking in human beings. This phenomenon is becoming more difficult to discover and investigate due to its nature and complexity. The purpose of this research is to explore the legal response to the crime of trafficking in human beings in the Kingdom of Saudi Arabia.\u0000Methods: This research uses a combination of primary and secondary resources such as the assigned laws, caselaw, academic books, journal articles, and reliable websites.\u0000Results and Conclusions: After working out that this crime falls within the scope of Ta’zer Crimes but not Hudud and Qisas crimes, the paper examines the efficiency of the Saudi Anti-Trafficking in Persons Law 2009 from two aspects, the effectiveness of penalties imposed on the human traffickers and the feasibility of protective measures provided in the law for safeguarding the trafficked person (victims). Finally, the study concludes with some findings and recommendations.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42883681","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hussein Shhadah Alhussein, Z. Meskic, Ahmad Al-Rushoud
Background. The arbitrability of administrative contracts contributes to sustainable dispute resolution within the United Nations’ Sustainable Development Goals 16 (SDG 16). However, different regulation of administrative contracts in comparative law affects the arbitrability of the disputes arising out of them. The question arises – is protection deserved if an administrative contract containing an arbitration clause concluded in violation of the administrative law of the governmental body or without a special approval is invalid, unenforceable, or if the company was unaware of such a requirement? This paper analyses the concept of an administrative contract and its arbitrability in Saudi Arabia and comparative law to provide for sustainable solutions. Methods. The analysis of the applicable arbitration and administrative laws and rules is conducted with the normative method to establish the arbitrability of the disputes arising out of administrative contracts and the concept of the administrative contract. The case analysis reveals if the legislative approach causes difficulties in practice. The dogmatic method is applied to link the reasons for legislative and case law development to the current normative solutions in comparative and Saudi law. The conclusions on the existing problems and possible solutions shall be based on the analytical method. Results and Conclusions. Government contracts are of great importance and their exclusion from arbitration contradicts the set goal of sustainable dispute resolution mechanism. Differences in comparative law in terms of the notion of the administrative contract and the arbitrability may diminish the positive effects of arbitration in administrative contracts, as they may endanger equal access to dispute resolution as part of the sustainable development goals, be enforceable, or even cause discrepancies between states that annul the arbitration awards and others that still enforce the awards despite their annulment.
{"title":"Sustainability and Challenges of Arbitration in Administrative Contracts: the Concept and Approach in Saudi and Comparative Law","authors":"Hussein Shhadah Alhussein, Z. Meskic, Ahmad Al-Rushoud","doi":"10.33327/ajee-18-6s004","DOIUrl":"https://doi.org/10.33327/ajee-18-6s004","url":null,"abstract":"Background. The arbitrability of administrative contracts contributes to sustainable dispute resolution within the United Nations’ Sustainable Development Goals 16 (SDG 16). However, different regulation of administrative contracts in comparative law affects the arbitrability of the disputes arising out of them. The question arises – is protection deserved if an administrative contract containing an arbitration clause concluded in violation of the administrative law of the governmental body or without a special approval is invalid, unenforceable, or if the company was unaware of such a requirement? This paper analyses the concept of an administrative contract and its arbitrability in Saudi Arabia and comparative law to provide for sustainable solutions.\u0000Methods. The analysis of the applicable arbitration and administrative laws and rules is conducted with the normative method to establish the arbitrability of the disputes arising out of administrative contracts and the concept of the administrative contract. The case analysis reveals if the legislative approach causes difficulties in practice. The dogmatic method is applied to link the reasons for legislative and case law development to the current normative solutions in comparative and Saudi law. The conclusions on the existing problems and possible solutions shall be based on the analytical method.\u0000Results and Conclusions. Government contracts are of great importance and their exclusion from arbitration contradicts the set goal of sustainable dispute resolution mechanism. Differences in comparative law in terms of the notion of the administrative contract and the arbitrability may diminish the positive effects of arbitration in administrative contracts, as they may endanger equal access to dispute resolution as part of the sustainable development goals, be enforceable, or even cause discrepancies between states that annul the arbitration awards and others that still enforce the awards despite their annulment.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45302628","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-02DOI: 10.33327/ajee-18-6.2-n000211
Aisel Omarova
Background: With Russia’s full-scale invasion of Ukraine and other problems that have arisen in recent years, the issue of Ukrainian children who find themselves in difficult life circumstances has become a significant problem. This situation demands urgent measures. For better or worse, Ukraine has experience in this regard and a history of combating the problem of child homelessness and neglect in the 1920s. Moreover, Ukraine’s neighbour, Poland, also has a history of combating the same problem in the 1920s. In this article, child homelessness and neglect in Ukraine and Poland were studied. Furthermore, legal measures to combat this problem were explored. It was useful to examine the state of the problem and legal measures to combat it to see what lessons could be learned from the successful experience in Ukraine and Poland in solving the problem of child homelessness and neglect in the 1920s. Methods: Historical and legal methods were used to study the issue effectively. This method allowed us to investigate the state of the problem in two countries at the same time and to outline the main measures that were used to combat the problem of child homelessness and neglect. The comparative method was also used to reveal the differences in combating the problem mentioned above. Results and Conclusions: Some suggestions that could be used in Ukraine to solve the problem of children who find themselves in difficult life circumstances were proposed in the conclusions.
{"title":"Child homelessness and neglect in Ukraine and Poland in the 1920s: The state of the problem and legal measures to combat it","authors":"Aisel Omarova","doi":"10.33327/ajee-18-6.2-n000211","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-n000211","url":null,"abstract":"Background: With Russia’s full-scale invasion of Ukraine and other problems that have arisen in recent years, the issue of Ukrainian children who find themselves in difficult life circumstances has become a significant problem. This situation demands urgent measures. For better or worse, Ukraine has experience in this regard and a history of combating the problem of child homelessness and neglect in the 1920s. Moreover, Ukraine’s neighbour, Poland, also has a history of combating the same problem in the 1920s. In this article, child homelessness and neglect in Ukraine and Poland were studied. Furthermore, legal measures to combat this problem were explored. It was useful to examine the state of the problem and legal measures to combat it to see what lessons could be learned from the successful experience in Ukraine and Poland in solving the problem of child homelessness and neglect in the 1920s.\u0000Methods: Historical and legal methods were used to study the issue effectively. This method allowed us to investigate the state of the problem in two countries at the same time and to outline the main measures that were used to combat the problem of child homelessness and neglect. The comparative method was also used to reveal the differences in combating the problem mentioned above.\u0000Results and Conclusions: Some suggestions that could be used in Ukraine to solve the problem of children who find themselves in difficult life circumstances were proposed in the conclusions.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47234854","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Background: The general budget is the essential mechanism for implementing the public policies of the state and thus for achieving sustainable development at all levels, especially economic and social. In view of this importance, the issue of governance is raised as the most effective way to achieve the desired goals. In this context, the research seeks to highlight the role played by the public budget governance in the Kingdom of Saudi Arabia in reducing the fiscal deficit caused by the instability of financial revenues while controlling the public spending process and searching for non-oil resources. Methods: The research relied on the descriptive analytical approach to study the reality of the governance of the public budget management in the Kingdom through the analysis of national and international studies and reports, with the aim of preparing recommendations related to improving the state budgetary management. Results and Conclusions: This article produced results and recommendations that are evident in the fact that the management of the general budget in the Kingdom, although it has witnessed some improvement in the past years, still needs more effectiveness, transparency, and good performance. These are all considered to be the principles of governance in general and the public budget in particular. Therefore, these principles must be applied according to a mechanism consistent with the national legal and institutional specificities, as well as according to a time period that depends on performance indicators.
{"title":"The General Budget in the Kingdom of Saudi Arabia: Between Governance Requirements and Financial Sustainability","authors":"Cherif Elhilali","doi":"10.33327/ajee-18-6s006","DOIUrl":"https://doi.org/10.33327/ajee-18-6s006","url":null,"abstract":"Background: The general budget is the essential mechanism for implementing the public policies of the state and thus for achieving sustainable development at all levels, especially economic and social. In view of this importance, the issue of governance is raised as the most effective way to achieve the desired goals.\u0000In this context, the research seeks to highlight the role played by the public budget governance in the Kingdom of Saudi Arabia in reducing the fiscal deficit caused by the instability of financial revenues while controlling the public spending process and searching for non-oil resources.\u0000Methods: The research relied on the descriptive analytical approach to study the reality of the governance of the public budget management in the Kingdom through the analysis of national and international studies and reports, with the aim of preparing recommendations related to improving the state budgetary management.\u0000Results and Conclusions: This article produced results and recommendations that are evident in the fact that the management of the general budget in the Kingdom, although it has witnessed some improvement in the past years, still needs more effectiveness, transparency, and good performance. These are all considered to be the principles of governance in general and the public budget in particular. Therefore, these principles must be applied according to a mechanism consistent with the national legal and institutional specificities, as well as according to a time period that depends on performance indicators.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43797954","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Background: Saudi Arabia has become an important economic player in the world. Based on this strategic importance, the banking sector had to keep pace. As a result, the Shariah Governance Framework was put in place in February 2020, as banks in Saudi operate in accordance with the requirements of Islamic laws. Therefore, shariah governance is important in the Islamic banking industry, The Shariah Governance framework was issued to control the growth in financial assets, and the first issuance of such a framework needed comprehensive studies. Therefore, due to the lack of local and international research focused on the Saudi corporate governance infrastructure, specifically related parties, the significance of this paper lies in the academic impact and the impact it has on the field practitioners, as it will try to identify the concept of shariah committee members and their re-addition as related parties and disclosures. This research paper aims to study a key principle in corporate governance, that is, the conflict of interest that can be defined under Related Parties Transactions. Specifically, this study will focus on the Shariah Committee Members as Related Parties in the Banking sector in Saudi Arabia. Methods: The researchers used primary and secondary resources. Results: This paper concludes with some findings related to the Shariah Governance Framework and the narrowed topic of this paper, which is the Shariah committee members as related parties. Although it was an important step to re-add the members, there is a need to improve the current regulatory structure.
{"title":"The Importance of Shariah Governance in the Banking Industry in Saudi Arabia and the Case of Shariah Committee Members as Related Partie","authors":"","doi":"10.33327/ajee-18-6s012","DOIUrl":"https://doi.org/10.33327/ajee-18-6s012","url":null,"abstract":"Background: Saudi Arabia has become an important economic player in the world. Based on this strategic importance, the banking sector had to keep pace. As a result, the Shariah Governance Framework was put in place in February 2020, as banks in Saudi operate in accordance with the requirements of Islamic laws. Therefore, shariah governance is important in the Islamic banking industry, The Shariah Governance framework was issued to control the growth in financial assets, and the first issuance of such a framework needed comprehensive studies. Therefore, due to the lack of local and international research focused on the Saudi corporate governance infrastructure, specifically related parties, the significance of this paper lies in the academic impact and the impact it has on the field practitioners, as it will try to identify the concept of shariah committee members and their re-addition as related parties and disclosures. This research paper aims to study a key principle in corporate governance, that is, the conflict of interest that can be defined under Related Parties Transactions. Specifically, this study will focus on the Shariah Committee Members as Related Parties in the Banking sector in Saudi Arabia.\u0000Methods: The researchers used primary and secondary resources.\u0000Results: This paper concludes with some findings related to the Shariah Governance Framework and the narrowed topic of this paper, which is the Shariah committee members as related parties. Although it was an important step to re-add the members, there is a need to improve the current regulatory structure.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48702229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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