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Legal Representative of Commercial Legal Entity Committing a Crime: Theoretical and Practical Issues in Vietnam
The criminal liability of legal representatives in commercial entities under Vietnamese law presents complex theoretical and practical challenges, particularly as the 2015 Penal Code (amended 2017) formally introduced corporate criminal liability for the first time. This article analyses the legal framework surrounding the representation of commercial legal entities in criminal proceedings under Vietnamese law. The article discusses the role of the legal representative in protecting the rights and interests of legal entities, highlighting significant issues such as the rigid limitation to "legal representatives" in proceedings, challenges in appointing a representative when none is available, and the absence of detailed regulations on the rights and obligations of representatives during criminal investigations. Suggestions for improvement include expanding the scope of representatives allowed in proceedings, adding legal provisions for temporary appointments, and defining the representative’s procedural rights. These proposals aim to address current legislative gaps and enhance the effectiveness of criminal proceedings involving legal entities in Vietnam.
Legal Representative, Legal Entity, Commercial Legal Entity, Criminal Proceedings, Vietnamese Law, Corporate Liability
Copyright (c) 2025 Thi Ngoc Kim Tran, Hao Van Le https://creativecommons.org/licenses/by-nc/4.0
Analysis of the effectiveness of the mechanisms for the execution of court decisions in the civil justice system of Ukraine
The purpose of this study was to describe the effectiveness of the existing mechanisms for the execution of court decisions in civil cases in Ukraine. The research methodology was formed based on the indices of the development of the judicial system: the index of measuring the effectiveness of justice, formed by the World Bank, and the quality of regulation and the rule of law were used. The quality of regulation is assessed using a widely used international indicator, where higher scores correspond to higher regulatory effectiveness. Using World Bank datasets together with administrative statistics from the State Judicial Administration of Ukraine, a correlation-regression analysis was conducted. The results of the study indicated that improving the rule of law and quality of regulation indicators had a statistically significant positive impact on the enforcement of court decisions. This explained about 79% of the explained variation. It was found that there are difficulties with the functioning mechanism in the civil justice system of Ukraine, due to the low percentage of their actual execution. The conclusions indicate that to solve the proposed problems, it is proposed to optimize legislative regulation, establish budgetary discipline, introduce an automated database for the execution.
Law Enforcement, Judicial Practice, Executive Proceedings, Legal Effectiveness, Civil Justice
Copyright (c) 2025 Ihor Zhukevych, Igors Trofimovs, Taras Kulchytskyi, Volodymyr Kroitor, Oleksandr Klymenko https://creativecommons.org/licenses/by-nc/4.0
Pursuing sustainable development goals through corporate social responsibility: Observations on CSR legislation of Chinese Company Law
This study focuses on the implementation, social impact and the limitations of corporate social responsibility (CSR) in Chinese Company Law. An empirical analysis of 221 cases reveals that Chinese courts generally do not consider the CSR provision to impose mandatory obligations on companies. The independent value of the CSR provision is generally weak. After its revision in 2023, the legislative approach shifted its focus to the decision-making process of company operators, returning the perspective to the adjustment of internal company behaviour. To further provide reference for China, the study observes the practices of the United Kingdom, France and Germany. The study suggests that China improve its provisions on CSR reporting disclosure in Chinese Company Law by requiring companies to ensure that their published social responsibility reports systematically present information that has a significant impact on the decision-making basis or the realisation of rights of relevant stakeholder groups. In addition, drawing on the European Union’s series of initiatives on sustainable information disclosure, the regulations could be further strengthened in terms of the scope of eligible companies, differentiated management of mandatory information disclosure, and the role of industry organizations. For companies, it is essential to establish their own CSR or sustainable development internal management system as soon as possible, including setting up a dedicated board committee and providing corresponding professional knowledge training, as well as establishing an internal oversight system.
Corporate Social Responsibility, Chinese Company Law, Corporate Governance, Sustainable Development Goals, Sustainable Information Disclosure
Copyright (c) 2025 Xintong Zhang, Hasani Mohd Ali, Mohd Shahril Nizam Md Radzi https://creativecommons.org/licenses/by-nc/4.0
Special investigative measures and the right to privacy in Vietnam: A comparative analysis with European human rights standards
From a comparative legal perspective, the regulation of special investigative measures in Vietnam reveals both progress and paradox. The codification of covert techniques such as surveillance, interception, and data collection has transformed informal police discretion into a framework of procedural legality. Yet, this evolution remains largely internal to state institutions and insufficiently aligned with the external safeguards of human rights law. The Vietnamese system relies on prosecutorial authorization, lacks judicial pre-approval, and omits a proportionality test that would balance state necessity against individual privacy. By contrast, European jurisprudence, grounded in Articles 8 of the European Convention on Human Rights and 17 of the ICCPR, regards legality, necessity, proportionality, and independent oversight as indispensable to the rule of law. The absence of these principles in Vietnam’s practice marks a conceptual gap between codified control and accountable power. A normative recalibration is therefore required one that constitutionalizes limits on investigative authority, embeds judicial review, and restores proportionality as the moral center of criminal procedure.
Special Investigative Measures, Privacy Rights, Judicial Oversight, Human Rights
Copyright (c) 2025 Thuyen Duy Trinh https://creativecommons.org/licenses/by-nc/4.0
Research on the legal issues of administrative penalty power of townships in China based on Article 24 of the administrative penalty law of the People's Republic of China
The administrative penalty power of Chinese townships is undergoing a dynamic reform process from legal empowerment to practical adjustment. Article 24 of the Administrative Penalty Law revised in 2021 establishes the legal framework for provincial governments to delegate administrative penalty authority, providing a system foundation for the downward shift of the law enforcement focus. However, the legislative provisions are rather vague, and multiple obstacles have been encountered in specific practical implementation, such as insufficient empowerment effectiveness, shortage of law enforcement resources, poor coordination in law enforcement, lack of professional law enforcement personnel, and imperfect supervision mechanisms, which have seriously affected the law enforcement efficiency and weakened the credibility of township law enforcement. To thoroughly analyze the causes of the aforementioned problems and explore paths to resolve these dilemmas, this study comprehensively adopts methods such as data statistics, textual analysis, and field research to measure the relevant indicators of the administrative law enforcement powers of township people's governments. Meanwhile, it conducts differentiated analyses from multiple dimensions including law enforcement support, case-handling quality, and law enforcement effectiveness, so as to ensure the objectivity and validity of the research findings. Finally, the researcher intends to propose relevant countermeasures from aspects such as improving the legal system, constructing a refined administrative penalty power operation mechanism, enhancing the law enforcement capacity and level of townships, and reshaping the law enforcement supervision system, providing theoretical support and practical suggestions for improving the administrative law enforcement system at the grassroots level in China.
Administrative Penalty Power, Township Governments, Devolution of Power, Power Allocation
Copyright (c) 2025 Chaoying Yu, Norazlina Abdul Aziz https://creativecommons.org/licenses/by-nc/4.0
Legal factors influencing the effectiveness of relations between government bodies and tenants in the agricultural land lease
The growing role of legal mechanisms in ensuring the transparency of procedures, the stability of contractual relations, and the legal protection of tenants makes a comprehensive analysis of the current regulatory framework relevant. The aim of the study was to identify the main legal and administrative factors that influence the institutional interaction between government bodies and users of agricultural land in the context of legal transformations. The research methodology included an analysis of legislation, content analysis of 127 lease agreements, a study of case law, a survey of 42 land law specialists, and legal modelling of the consequences of regulatory changes. The qualitative component of the interviews was examined through a thematic legal assessment, which allowed the identification of typical administrative barriers. The ongoing wartime conditions in Ukraine additionally affect access to cadastral information and the stability of registration procedures, which should be considered when interpreting the results. The main results revealed a number of barriers, including the complexity of coordination procedures, contradictions between cadastral and registration data, as well as insufficient coordination of the functions of public administration bodies. The highest level of efficiency was recorded in notarial agencies, while local governments demonstrated the lowest indicators because of unclear legal status. The forecast predicts increased competition for land resources, the expansion of electronic circulation of lease rights, and increased vulnerability of small tenants. The academic novelty is the integration of legal, empirical, and analytical approaches to assessing the effectiveness of law enforcement in the field of land lease. The practical significance of the results is the developed proposals for improving legislative procedures, unifying contractual practice, and increasing legal predictability in land legal relations.
Institutional Capacity, Public Administration, Property Rights, Case Law, Rule of Law, Tenancy Relations
Copyright (c) 2025 Mykola Knapets, Dmytro Sviatetskyi, Olena Konstantinova, Oleksandr Kostiukevych, Taras Kit https://creativecommons.org/licenses/by-nc/4.0
A legal and policy analysis of early childhood education management
The function of education legislation in early childhood education (ECE) management is examined in this systematic literature review, with an emphasis on how it affects teacher management, educational quality, and equity. The evaluation highlights how legislative frameworks influence ECE practices, guaranteeing inclusive education, teacher development, and the protection of children's rights. It is based on 27 papers from Scopus and Web of Science (2016-2025). Key findings demonstrate that education law promotes equal access to high-quality education for children from a variety of socioeconomic backgrounds by establishing minimum criteria for facilities, curricula, teacher qualifications, and student safety. Additionally, it promotes teacher development by controlling training, evaluation, and remuneration. There are still issues, nevertheless, such as unequal resource allocation, inconsistent policy execution, and obstacles to education for underrepresented groups. In order to better understand the efficacy of legal frameworks in various educational contexts, the review emphasizes the significance of comprehensive education legislation in ECE administration and urges future research to use longitudinal and cross-cultural designs.
Early Childhood Education, Education Management, Legal Frameworks, Equity, Teacher Management
Copyright (c) 2025 Yuxi Zhang, Hazrati Binti Husnin https://creativecommons.org/licenses/by-nc/4.0
Reassessing redemption-clause transactions in Vietnam: A comparative study with French civil law
A sale with a redemption clause is commonly used when a property owner seeks immediate liquidity for financial purposes but does not intend to permanently transfer ownership of the asset. Functionally, this arrangement may operate as a de facto secured loan in which ownership temporarily shifts to the buyer as collateral. This article examines whether such transactions are legally recognized under current Vietnamese law as true sale contracts or whether their substance suggests a security device. Using qualitative doctrinal and comparative methods, the study analyzes Vietnamese legal practice and contrasts it with the French legal framework, which has historically shaped Vietnam’s civil law tradition. The findings reveal a high incidence of disputes arising from redemption-clause transactions, largely attributable to ambiguities and gaps in statutory provisions, particularly those concerning the determination of the redemption price. These loopholes have enabled purchasers to take advantage of sellers, resulting in significant legal uncertainty. The article concludes that Vietnamese law would benefit from targeted reforms informed by comparative insights, especially from French experience, to ensure greater fairness, transparency, and legal coherence in transactions involving ownership rights used as collateral.
Redemption Clause, Secured Transaction, Vente à Réméré, Fiducie, Dispute Resolution, Property Security
Copyright (c) 2025 Nguyen Ngoc Dien https://creativecommons.org/licenses/by-nc/4.0
From "right text" to "governance practice": An analysis of the legal path for the protection of college students' constitutional rights in China
Against the dual backdrop of comprehensively advancing the rule of law in China and modernizing higher education governance, the protection of college students' constitutional rights in China has gradually moved from the "textual declaration" stage to the "practical implementation" stage. As dual subjects of national citizens and recipients of higher education, college students are legally entitled to fundamental constitutional rights such as the right to education, academic freedom, freedom of speech, and dignity of personality. These rights not only represent the core of the modern university spirit but also serve as a crucial criterion for the rule of law in campus governance. However, conflicts between university management practices and students' constitutional rights frequently occur in practice, revealing a disconnect between "right texts" and "governance practices," which is specifically manifested in predicaments such as weak awareness of rights, overreach of administrative power, and failure of relief mechanisms. Based on China's rule of law practice, this paper adopts a combined approach of doctrinal analysis and comparative research, drawing on typical domestic cases and institutional practices of countries including Germany and African nations. From the core perspective of "text-practice" connection, it systematically sorts out the research status of the protection of college students' constitutional rights, deeply analyzes the normative conflicts and implementation obstacles existing in practice, and proposes a trinity-based legal improvement path of "norm-relief-participation." The paper aims to transform college students' constitutional rights from "paper provisions" into "perceivable, claimable, and remediable" practical rights and interests, thereby providing institutional support for the modernization of campus governance.
College Students, Constitutional Rights, Right Text, Governance Practice
Copyright (c) 2025 Pengcheng Zhao, Kun Han https://creativecommons.org/licenses/by-nc/4.0
The role of the ECtHR in the investigation and prevention of medical crimes: Impact on national practice
This article examines the role of the European Court of Human Rights (ECtHR) in shaping standards for the investigation and prevention of medical crimes, as well as the impact of its decisions on the development of national medical liability mechanisms. The study covers the period from 2010 to 2024 and is based on an analysis of twenty-six key cases included in the official HUDOC database. Using systemic, comparative-legal, and content-analytical methods, the study combines legal and institutional analysis of judicial practice. The Court has established an integrated approach to state obligations, viewing the right to life as comprising both substantive and procedural guarantees. Particular attention is paid to the impact of the COVID-19 pandemic on the development of judicial doctrine. The article emphasizes that the ECtHR performs not only a judicial but also a normative function, shaping a humanistic model of medical liability and demonstrate that the ECtHR's practice contributes to strengthening the rule of law and fostering a pan-European culture of medical justice.
COVID-19 Pandemic, European Court of Human Rights, Medical Liability, Medical Negligence, Positive Obligations, Right to Life, Transparency of Investigations
Copyright (c) 2025 Constantin Pisarenco, Serghei Pisarenco https://creativecommons.org/licenses/by-nc/4.0
The impact of changes in immigration law on the crime rate among illegal migrants
The study aimed to determine the impact of recent immigration law reforms on crime dynamics among irregular migrants in Ukraine, Poland, Germany, and Italy. A mixed-method design combining legal and comparative analysis with content analysis of 15 legislative acts and 10 official reports was applied, allowing both regulatory and empirical evaluation. The findings revealed that document forgery (up to 38% in Ukraine), theft (up to 29% in Germany), and violent acts in detention facilities (up to 22% in Italy) remain predominant offence categories. Following reforms between 2021 and 2024, the number of registered criminal proceedings rose by 16% in Poland and 11% in Germany, reflecting intensified law-enforcement activity rather than a genuine increase in crime. In contrast, Italy showed an ≈9% decline in migration-related offences due to administrative reclassification. The study identified no direct causal link between the level of criminalization and actual crime incidence; instead, it highlighted the impact of reporting and classification practices on statistical growth. Countries with stable judicial control (Germany and Poland) demonstrated higher recording accuracy and greater legal consistency, with completion rates ranging from 53% to 84%.Overall, the results emphasize that harmonization of procedural safeguards and proportional enforcement remains crucial for achieving both deterrence and human-rights compliance in migration governance.
Illegal Migration, Criminalization, Immigration Law, Law Enforcement, Migration Crimes, Legal Status of Foreigners
Copyright (c) 2025 Oleksandr Mykhailyk, Ivo Svoboda, Mykola Rudyk, Svitlana Tatarenko, Stanislav Filippov https://creativecommons.org/licenses/by-nc/4.0
Domestic violence in cases of abused women who kill their abusers: Impact and identification
Domestic violence often impacts sentencing in cases where battered women kill their abusers, primarily through the assessment of the victim’s fault and the classification of “relatively minor circumstances of intentional homicide” under Article 20 of the Opinion on Handling Criminal Cases Involving Domestic Violence in Accordance with the Law. Case analysis shows that when the victim’s serious fault is recognized, sentences typically range from 6 to 10 years, while cases falling under “relatively minor circumstances of intentional homicide” under Article 20 often result in sentences under 5 years, including suspended sentences. NVivo analysis indicates that both sentencing outcomes largely depend on the recognition of long-term abuse, leading to disparities in similar cases. This article argues for clearer application of “relatively minor circumstances of intentional homicide” and the introduction of evidence showing help-seeking behavior to standardize sentencing and support commutation or acquittal.
Domestic Violence, Intimate Partner Homicide, Battered Women, Sentencing, Mitigating Circumstances, Victim Fault, Help-Seeking Behavior
Copyright (c) 2025 Jingyu Liu, Muhamad Helmi Md Said, Nurul Hidayat Ab Rahman, Nadhilah A. Kadir, Yaoyao Li https://creativecommons.org/licenses/by-nc/4.0
Término de caducidad de la acción judicial para la indemnización de perjuicios ocasionados por delitos de lesa humanidad en Colombia, interpretación desde la teoría del constitucionalismo democrático
In the context of Colombia’s internal armed conflict, victim reparation is a cornerstone of transitional justice and the pursuit of sustainable peace. Among the available mechanisms, the most comprehensive is the judicial process for the State’s extra-contractual liability. Yet access to this remedy remains contested, particularly with respect to the statute of limitations: while the Inter-American Court of Human Rights holds that such actions are not subject to prescription, both the Colombian Council of State and the Constitutional Court maintain that they are governed by the statutory time limits established in domestic law. This divergence creates uncertainty and significantly undermines the rights of victims of crimes against humanity, limiting their ability to pursue the most effective avenue for redress. To assess which interpretation proves more suitable and legitimate, this study engages with constitutional interpretation through the lens of democratic constitutionalism. By applying its criteria to the two conflicting approaches, it seeks to offer a reasoned solution to the problem at hand.
Crimes Against Humanity, Conventionality Control, Comprehensive Reparation, Constitutional Interpretation, Democratic Constitutionalism
Copyright (c) 2025 Mauricio Andrés Pérez Caballero https://creativecommons.org/licenses/by-nc/4.0
Corporate diversification of small and medium-sized enterprises (SMEs) and corporate management concerning China–Europe trade and investment integration
The research purpose is to identify the role of China-EUrope trade and investment relations on corporate diversification and corporate management of SMEs. There is significant research done on this area, and it has been identified that presently geopolitical tensions, internal governance and team management are some of the hurdles faced by SMEs in engaging in corporate diversification. The research has engaged in an interview of 5 respondents who work in senior manager positions in different SMEs in China that have expanded into the EU. The findings illustrate the need for legal teams and regulatory compliance audits, along with an agile management and compliance monitoring dashboard for effective governance at par with the trade and investment agreements. A framework for achieving diversification has also been recommended.
Corporate Diversification, China–EU Trade Agreement, Product Diversification, Geopolitical Tension, Trade Barriers
Copyright (c) 2025 Shuyun Wang, Anatolijs Kriviņš https://creativecommons.org/licenses/by-nc/4.0
Legal grounds for continuing military service by servicemen after an unauthorized abandonment of a military unit
This study dives into what actually happens when a Ukrainian soldier comes back to duty after leaving their unit without permission. The researchers didn’t just skim the surface-they went through 42 laws and court decisions from 2024 and 2025. They also looked at how the U.S., France, Germany, Canada, and the U.K. handle the same thing. Here’s the deal: Ukraine’s laws are still pretty tough and don’t really explain how someone can come back voluntarily or get their position back. Judges aren’t always consistent either, so no one really knows what to expect. In other countries, the approach is a lot more balanced. They mix discipline with support, even offer psychological help, and try to be fair while still holding soldiers responsible. The study doesn’t just point out the problems-it offers some solid fixes. It says Ukraine needs to set clear rules for judges and spell out how much authority commanders have. The researchers think Ukraine should also create a military ombudsman, so soldiers have someone to turn to if they run into trouble. And real rehab programs for those who want to return? Those are a must. Put all this together, and Ukraine’s system would be a lot closer to NATO standards, the laws would make more sense, and soldiers’ rights would actually mean something.
Military Service, Criminal Liability, Unauthorized Abandonment, Reinstatement, Military Justice Reform, Comparative Law, Ukraine
Copyright (c) 2025 Oleksii Voluiko, Hennadii Shevchuk, Volodymyr Myna, Oleksandr Pelahesha, Dеnys Sharko https://creativecommons.org/licenses/by-nc/4.0
Research on the lack of legal authority in China’s rural governance
The authority of village level governance in China is undergoing a process of transition from traditional authority to rule of law authority, with significant changes in governance subjects, methods, and models. To build the authority of the rule of law in rural areas, it is necessary to cultivate public respect for and belief in the law, thereby internalizing the concept of legal authority. Therefore, multiple channels are needed to jointly build the authority of rural rule of law and promote the further realization of the goal of rural rule of law spirit. This article analyzes the current situation of the rule of law authority in rural China, understands the main reasons for the chaotic structure and mechanism of rural authority, and analyzes the reasons for the lack of rural rule of law authority from three aspects: legal creation, legal operation, and legal popularization. Finally, it sorts out what methods should be taken to build rural rule of law authority from three aspects: policy and regulations, village autonomy, and legal consciousness.
Rural Governance, Governance Model, Legal Authority, Policy Recommendations
From the synergistic perspective of company law and labor law: Resolving legal disputes and compliance pathways in enterprise human resource management—A China-based case study
This paper examines mechanisms for resolving legal disputes and ensuring compliance in corporate human-resource management from the perspective of the interplay between Chinese company law and labour law. Focusing on such practical problems as overlapping and conflicting legal applications and the ambiguous classification of platform labour, it proposes targeted solutions—including a tiered employment-rule framework and a labour-compliance committee system—grounded in Chinese court decisions and existing institutions. Drawing on the employment-status criteria set out in the EU Platform Work Directive (EU) 2024/2831, the study also offers international reference points for refining China’s regulatory regime. The research seeks to clarify legal boundaries, facilitate enterprise compliance, and foster harmonious labour-capital relations.
Company Law, Labor Law, Collaborative Governance, Human Resources, Legal Disputes
Copyright (c) 2025 Zhen Yuan https://creativecommons.org/licenses/by-nc/4.0
A study of the relationship between executive legal background, financial fraud and corporate finance constraints
In recent years, with the increasing complexity of corporate governance structure, the importance of executives' legal background on corporate decision-making and compliance has gradually come to the fore. By combing domestic and international studies, we analyze how executives' legal background affects financial fraud and financing constraints by influencing the internal governance structure and decision-making mechanism of enterprises under the current rule of law environment in China. Executives with legal background can better identify and prevent financial fraud risks by virtue of their familiarity with laws and regulations and their awareness of risk prevention and control, so as to safeguard the financial integrity and market reputation of enterprises. At the same time, executives with legal background can reduce the information asymmetry between enterprises and external investors by improving the internal corporate governance mechanism and optimizing the information disclosure system, thus alleviating the financing constraints of enterprises. This paper provides theoretical basis and practical reference for improving corporate governance and optimizing enterprise financing environment, and also provides useful reference for the improvement of relevant laws and regulations and the formulation of regulatory policies.
Legal context, Financial fraud, Corporate finance, Internal governance
Copyright (c) 2025 Daodi Yao, Yong-Sik Hwang https://creativecommons.org/licenses/by-nc/4.0
Socio-political impact and the ground realities of refugee policies in Greece
This research paper will address the Greece policy regarding refugees, specifically after the European refugee crisis in 2015, when Greece turned into one of the main gates of entry of refugees leaving the conflict in Syria, Afghanistan, and Iraq. The paper explores the socio-political, legal and humanitarian frames that defined the Greek approach to the crisis. It discusses the issue that Greece had to deal with as a frontline state such as overcrowded reception centers, delay in processing asylum and insufficient integration programs. Referring to the data of the institutions like the Greek Council of Refugees, the academic research, and case studies of the different parts of Greece, the article offers a thorough analysis of the policy responses in the country. The study uses documentary analysis, qualitative interviews, and case reports in making an evaluation of the effectiveness of these policies. Results show that the asylum system in Greece has not performed well during the crisis, but it is not as simple as it is presented since there are tremendous differences in the experience of refugees across the region. The article states that a proper policy change is necessary, and there should be European Union (EU) wide unity and long-term plans on how to better manage refugees. It requires the multifaceted approach balancing humanitarian issues with practical issues at the ground level. The paper summarizes that to find sustainable solutions to the population of refugees in Greece, more effort has to be put by the EU, which means that policy change, solidarity, and long-term intervention is necessary to assist refugees and host communities in the most appropriate way.
Greece's Refugee Policies, European Refugee Crisis, Historical Context, Legal Frameworks, Socio-Political Dynamics
Copyright (c) 2025 Suror Shaba Polus, Mohd Ikbal Mohd Huda https://creativecommons.org/licenses/by-nc/4.0
Substantive law governing the aspects of protecting the right to inheritance: Ukrainian model and EU experience
During 2020–2025, the inheritance law system in Ukraine underwent significant transformations influenced by internal regulatory reforms, digitalization of notarial services, and the growth of cross-border succession cases. The relevance of the study is determined by the need to adapt national legislation to the challenges of the digital era and ensure gradual convergence with the European legal space. The research focused on assessing the effectiveness of inheritance rights protection through judicial and notarial mechanisms, digital tools, and a comparative perspective with European standards. The central research question addressed in the study was to what extent substantive inheritance law and its enforcement mechanisms in Ukraine ensure effective protection of heirs’ rights compared with the standards established in the European Union. The aim of the study was to identify regulatory gaps, procedural barriers, and factors of legal uncertainty that complicate inheritance practice in Ukraine. The methodology included a systematic and comparative legal analysis, content analysis of 62 court decisions and 34 notarial acts, as well as a survey of 45 specialists. Particular attention was paid to the provisions of the Civil Code of Ukraine, secondary legislation, and Regulation (EU) 2020/1784. The results revealed the absence of a unified procedure for protecting inherited property, inconsistent approaches of courts and notaries, and serious shortcomings in digital registers. Empirical data showed that 40.3% of disputes concerned will invalidity, 70.6% of notarial cases lacked protective measures, and 41% of digital entries were delayed. Unlike the EU, Ukraine does not provide for the European Certificate of Succession, which complicates cross-border inheritance and limits the rights of non-resident heirs. The academic novelty lies in combining regulatory, empirical, and comparative approaches. The practical significance is the formulation of proposals for introducing unified procedures, expanding digital interaction between institutions, and adapting European mechanisms to national practice.
Legal System, Human Rights, Institutions, Governance, Rule of Law
Copyright (c) 2025 Maryna Toporkova, Anatolii Puhach, Tetiana Sukhorebra, Myroslava Khlystik, Oleh Polyukhovych https://creativecommons.org/licenses/by-nc/4.0
Efficiency of cooperation between various services and specialists in the investigation of terrorist murders
The relevance of the study is determined by the increasing number of terrorist attacks and the need to improve the efficiency of interagency cooperation as regulated under domestic legal provisions and international conventions during the investigation of murders committed for terrorist motives. The aim of the study is to analyse and improve mechanisms for interagency cooperation as regulated under domestic legal provisions and international conventions in the investigation of terrorist murders. The following methods were used in the study: relevance analysis, doctrinal comparative legal analysis, comparative cluster analysis, topological analysis, algorithm generalization, algorithm optimization, step-by-step structural qualitative comparative analysis, step-by-step structural element comparative analysis, and efficiency determination. The generalized results of the study showed that among the 25 analysed countries and international organizations, only 32% have highly effective integrated interaction models. The optimized algorithm reduces the operational complexity of the investigation process from 212 to 170 conventional units (≈20%), thereby increasing the speed of response, the accuracy of the services’ actions, and the ability to legal adaptation within different jurisdictions.
Investigation, Criminal Proceedings, Forensics, Criminal Offence, Murders, Murder Investigation, Particularly Serious Crimes
Copyright (c) 2025 Ihor Demidov, Arzu Hadzhiieva, Ivan Tkachov, Oleksandr Kozenko, Denys Bohdan https://creativecommons.org/licenses/by-nc/4.0
The rule of law as a principle of protection of violated civil rights
This article examines the rule of law as both a philosophical and practical standard for civil rights within the judicial system. This research employs the six-component framework established by the Venice Commission. The components include legality, clarity, prohibition of arbitrariness, access to justice, respect for human rights, and equality before the law. In comparative analysis, guiding principles are converted into evaluative categories. A total of 148 court opinions were analyzed. The sample included cases from the ECHR, CJEU, Spain, and Ukraine. Supranational courts consistently apply all six essential components. This guarantees procedural fairness and the protection of rights. Spanish case law consistently establishes proportionality, equality, and access to justice throughout the legal system. Actual guarantees represent manifestations of abstract notions. Ukrainian practice demonstrates merely superficial integration. The Supreme Court and Constitutional Court frequently utilize proportionality and legal certainty in their rulings. Political interference, inadequate law enforcement, and neglect by subordinate courts contribute to the fragmentation and unpredictability of the judicial system. The research contextualizes the data within theoretical frameworks and comparative analyses. The rule of law framework established by the Venice Commission exhibits greater analytical rigor compared to earlier definitions. Numerous modifications have been suggested for Ukraine. This legislation establishes a Spanish-style proportionality review, enhances law enforcement, initiates pilot monitoring programs in lower courts, and incorporates six elements into judicial education. The comprehensive application of the Venice Commission method to both national and supranational contexts represents a significant scientific contribution. This approach is pragmatic, as it suggests reform measures aimed at legitimizing the judicial system and aligning transitional systems with European principles. This study highlights the significance of the Ukrainian experience within Spanish and European academic discourse. The challenges and opportunities of implementing the rule of law in transitional democracies are outlined herein.
Rule of law; Venice Commission; Civil rights protection; Legal certainty; Proportionality; Access to justice; Judicial independence; European Court of Human Rights (ECHR); Court of Justice of the European Union (CJEU); Spanish Constitutional Court; Ukrainian judiciary; Comparative constitutional law; Enforcement of judgments; Equality before the law; Transitional democracies
Copyright (c) 2025 Ivan Ivanets https://creativecommons.org/licenses/by-nc/4.0
International cooperation in operational and search activities: A comparative analysis of foreign experience
The purpose of the article is to analyze the concept and essence of international cooperation in operational-search activities, the definition of these provisions in the legislation of different countries. Research results. The following main forms of cooperation between states in operational-search activities have been identified: exchange of operational-search, legal and other information; joint efforts of states, in particular those outlined in mutually agreed agreements, aimed at preventing criminal activity, identifying its cases and further conducting investigations; search and detention of criminals on the basis of contractual relations or one-time appeals of one state to another; transfer of persons accused of committing crimes to another jurisdiction, whether it is a state within the same country or an international organization, for the purpose of trial; main areas of international cooperation in the administration of justice: assistance in the resettlement of convicted persons to their country of origin or country of permanent residence to serve their sentence in prison. Conclusions. International cooperation in operational and investigative activities must be carried out in compliance with state sovereignty, national legislation, adherence to the principle of non-intervention in the domestic affairs of nations, along with other core tenets of international law, forms the foundation of this discussion. The reach, principal approaches, and structures through which states collaborate internationally to combat crime are contingent upon the specifics and intrinsic traits of each severe criminal act, which manifests as a unique societal issue.
Interaction; Foreign Experience; Operational and Investigative Activities; International Cooperation; International Law Enforcement Agencies; Organized Criminal Groups
Copyright (c) 2025 Viacheslav Davydenko , Maksym Korniienko, Anatolii Radchuk, Andrii Babiak, Yevhen Leheza https://creativecommons.org/licenses/by-nc/4.0
Quantitative jurisprudence: dynamic balancing framework of personal information protection via information entropy and Alexy's formula
China's personal information protection system mainly unfolds around the protection of personal information rights and the realization of data interests. However, this system faces two major predicaments in practice: the definition of the protected objects and the balance between rights and interests. Whether information belongs to personal information needs to be judged specifically in specific usage scenarios. Personal information simultaneously carries the dual demands of data flow and rights protection, and a balance needs to be achieved. The entropy weight model based on information entropy theory can calculate and describe the identification ability of personal information, providing objective parameters for judgment. By substituting the calculation results of the entropy weight model into the Alexy weight formula, the balance between personal information rights and data flow interests in dynamic scenarios can be analyzed. This article proposes a method to assist in determining the legal definition of the object and the dynamic balance of rights and interests through calculation conclusions by adopting an interdisciplinary research approach, and presents an effective research paradigm for personal protection.
Personal Information; Information Entropy; Weighing Rule; Rights and Interests Balance
Copyright (c) 2025 Qizhen Yang https://creativecommons.org/licenses/by-nc/4.0
Optimization study of artificial intelligence on dispute resolution models in criminal proceedings
Purpose: To explore how artificial intelligence (AI) can transform criminal litigation dispute resolution in real-world judicial practice, focusing on resolving persistent challenges in cross-regional mediation, including legal application discrepancies and mediation model heterogeneity. Design: We integrate data from the national court electronic case file system and the Supreme People's Court’s judicial big data platform to construct a criminal mediation case database covering eastern, central, and western China. Using a domain-adaptive approach to standardize legal elements, we build a dispute prediction model combining deep adversarial networks with temporal attention mechanisms. Multidimensional feature vectors incorporate behavioral trajectories, social relationship networks, and historical caFse similarity analysis. Findings: The model achieves 81.4% accuracy in predicting successful mediations—33.6 percentage points higher than traditional legal analysis. In small-sample scenarios (e.g., border regions), it maintains 79.2% accuracy, demonstrating robust adaptability for resource-constrained courts. Conclusion: This study confirms AI’s capacity to unify regional judicial standards and provides an interpretable framework for data-driven dispute resolution in criminal practice.
Artificial intelligence; Criminal proceedings; Dispute resolution
Copyright (c) 2025 Yuguang Lu https://creativecommons.org/licenses/by-nc/4.0
From passive to active: The constitutional logic transformation of state guarantee of the right to employment in the context of artificial intelligence
The rapid development of artificial intelligence is profoundly reshaping the labor market, triggering a series of challenges such as the transformation of employment structure and changes in labor forms. The traditional constitutional logic of state guarantee for the right to employment, which is centered on "passive protection", can no longer adapt to these changes. This paper aims to explore the transformation path of the constitutional logic for the state to guarantee the right to employment in the context of artificial intelligence. It sorts out the evolution of provisions related to the protection of the right to employment in China's Constitution and relevant laws through normative analysis, investigates the practical experience of foreign countries in adjusting state obligations amid technological changes with comparative law research, and meanwhile analyzes typical cases involving artificial intelligence and the right to employment in China's judicial practice by means of case study. The study finds that there are three tensions in the current protection of the right to employment in China: the gap between the principled nature of the "state guarantee" clauses in the constitutional text and the specificity required by the technological era; the blurred boundary between the state's obligation of negative non-interference and positive action; and the poor adaptability of the traditional formal employment protection model to new employment forms such as the platform economy. Based on this, this paper proposes that the constitutional logic for the state to guarantee the right to employment should shift from "passive response" to "active construction". The specific paths include: at the normative level, clarifying the connotation of the state's positive obligations in guaranteeing the right to employment in the era of artificial intelligence, and incorporating skill training and protection of new employment forms into the scope of constitutional interpretation; at the institutional level, drawing on international experience to establish a full-chain protection mechanism of "prevention-adaptation-relief"; and at the practical level, balancing technological innovation and protection of employment rights and interests through judicial case guidance. This transformation not only provides theoretical support for improving China's constitutional protection system for the right to employment, but also offers an operable path reference for addressing the challenges in protecting social and economic rights under the technological revolution.
Artificial intelligence; Right to employment; Constitutional protection; State obligations
Copyright (c) 2025 Kun Han https://creativecommons.org/licenses/by-nc/4.0
Labor law and human resource management: Legal disputes and management strategies in labor relations
With the continuous improvement of China's labor legal system and the increasing awareness of workers' rights protection, labor relations have become increasingly complex, resulting in frequent labor disputes that pose severe challenges to human resource management in enterprises. This paper focuses on the interaction between labor law and human resource management, examining common legal disputes in current labor relations, such as non-compliance with labor contract execution, wage and benefit disputes, and improper dismissal procedures. It conducts an in-depth analysis of the underlying institutional deficiencies and management loopholes. Particularly under new employment models, such as platform work and flexible employment, issues such as vague legal applicability and unclear definitions of responsibilities are prominent, which significantly increase the risk of labor disputes. Therefore, this paper, in conjunction with China's labor laws and regulations, argues for the necessity of enhancing internal corporate rules and regulations, strengthening the protection of employee rights, and improving communication negotiation mechanisms, with the aim of helping enterprises enhance the efficiency of human resource management, effectively prevent and resolve labor disputes, and build harmonious and stable labor relations.
Labor Law, Human Resources, Labor Dispute, Legal Risk
Copyright (c) 2025 Leiyang Sun https://creativecommons.org/licenses/by-nc/4.0
Problems from the legal ambiguities of nominee shareholding agreement in China
This research critically examines the legal ambiguities surrounding nominee shareholding agreements in China, a practice increasingly prevalent within the corporate sector yet inadequately regulated under existing statutory frameworks. Relying on doctrinal legal analysis and comparative legal methods, the study identifies significant gaps in the Company Law and Civil Code, judicial inconsistencies in recognising beneficial ownership, and procedural barriers faced by anonymous shareholders. The findings reveal that while Chinese courts generally uphold nominee agreements as valid contracts, their treatment of shareholder qualification remains fragmented and unpredictable. Comparative analysis of the United States, United Kingdom, Germany, and Japan illustrates that balancing private autonomy with beneficial ownership transparency is feasible through targeted legislative reforms. Although China’s recent regulatory developments, including the introduction of beneficial ownership reporting obligations, represent progress, substantial deficiencies persist regarding the codification and protection of beneficial ownership rights. The research concludes that comprehensive legislative reform, harmonised judicial interpretation, and integration of international best practices are essential to enhance corporate governance, promote investment confidence, and align China's corporate regulatory framework with global standards. Addressing the nominee shareholding challenges is vital for achieving greater market stability and regulatory integrity.
Nominee Shareholding; Beneficial Ownership; Corporate Governance; Chinese Company Law; Legal Transparency
Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
Fund security and legal regulatory paradigm shifts for commercial prepaid cards in the digital payment era
Research explores how changing regulations affect both security measures and customer trust and the market transition of business willingness towards accepting prepaid cards during digital payment adoption. Prepaid cards serve as crucial financial instruments for digital transactions because they address banking service gaps in areas lacking traditional banking facilities. Security concerns arise about prepaid cards because of fraud issues together with data breaches and compliance requirements. The analysis explores the influences of Prepaid Accounts Rule and AMLD5 regulations on security protocols through their impact on fraud identification systems and encryption and identity authentication procedures. The research utilizes document analysis of regulatory documents and academic literature and industry reports to determine the essential regulatory effects on prepaid card security and business operations. Stricter regulations generate better security outcomes for consumers alongside enhanced trust and increased market development yet emerging market businesses face difficulties due to these compliance requirements. This study recommends additional international regulatory coordination because regulations have increased both safety and market expansion.
Prepaid Cards; Regulatory Shifts; Consumer Trust; Security Features; Compliance
Mainstreaming Progressive Law: Toward an Emancipatory Paradigm in Legal Higher Education
This paper addresses the deep-rooted crisis in Indonesian legal higher education by proposing the mainstreaming of Progressive Law as an emancipatory response. Current legal education often reinforces a rigid, positivist framework that distances future legal professionals from the lived realities of marginalized communities. Drawing from the intellectual legacy of Satjipto Rahardjo, the paper calls for a paradigm shift: from legal formalism toward a human-centered, socially engaged, and justice-oriented model of learning. The article introduces “turun ke bawah”—a method of direct engagement with vulnerable groups—as a critical pedagogical approach that bridges theory and praxis. In doing so, it critiques both the Langdellian model and the technocratic orientation of conventional legal instruction, which tends to produce legal technicians rather than legal thinkers. The proposed curriculum reform centers on the institutionalization of a dedicated Progressive Law course that integrates socio-legal methodologies, pluralistic legal traditions, and ethical reflexivity. Ultimately, the paper argues that reforming legal education is not merely a technical or academic endeavor, but a moral imperative to reclaim law as a tool for emancipation, justice, and social transformation in an increasingly complex and plural society.
Progressive Legal Education; Legal Emancipation; Satjipto Rahardjo; Socio-Legal Methodology; Curriculum Reform