Frontiers in Law

The Implementation of Sustainable Development to Achieve Climate Justice: Indonesian Perspective as an Archipelagic State

2024-02-14T14:27:54+00:00

Climate change causes serious impacts to the environment and to human beings. The impacts of climate change cannot be overcome by a single state, but it needs international cooperation. Each state has to act locally to participate in combating climate change in order to achieve climate justice. The research aims to analyze comprehensively the implementation of sustainable development to achieve climate justice Indonesian Perspective as an Archipelagic State. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the research found that the policies strategies and efforts of Indonesian government to participate in achieving climate justice in the global spere still needs to be improved. However, there are some opportunities and challenges that have to be addressed. Thus, it is necessary to educate and to improve the public awareness to participate in the efforts of implementing sustainable development principle to achieve climate justice.

Local Self-Governance and State Power in the Russian Federation: In the Search for a Way Out of the Institutional Trap

2024-03-20T10:49:02+00:00

The subject of the study is the causes of the contradiction that have arisen in the legal and political field of modern Russia, related to the status of the institution of local self-government. On the one hand, local self-government, in fact, acts as a lower level of public administration, both in political practice and in mass consciousness. But legally, its bodies are not part of the system of state power. The author explains this situation by the institutional trap into which the state power has fallen.

The author sees the reasons for the emergence of this collision between the needs of political practice and legislative requirements in the coincidence of circumstances caused by the struggle of actors during the political confrontation between the legislative and executive powers in October 1993. The lack of socio-economic support, necessary for the full functioning of the institution, made it inevi that in the future that institution would turn into a "lower floor" of the system of state administration, with the simultaneous camouflaging municipal bodies as a non-governmental organization.

It is shown that throughout the entire subsequent history of local self-government existence attempts were made to resolve this contradiction. The latest attempt was made in the latest version of the Constitution of the Russian Federation by including state and local self-government bodies into the system of unified public power.

It is noted that the functioning of nominally self-governing, but basically - state bodies at the local level has a number of negative consequences. Organizational and legal ways out of the "institutional trap" are suggested.

The Doctrine of Excessive Formalism in the Legal Theory and Practice of the European Court of Human Rights

2024-03-20T10:48:59+00:00

As a means of organising certain existing disputes and resolving conflicts within society, it has made the institution of procedural formalities necessary since the beginning of history. The existence of formalities in a proceeding, whether judicial or extrajudicial, serves to limit certain situations in the course of the process. It is well known that there are several principles that regulate the formalities of procedure, mainly by establishing procedural limits. These reason values are thus aimed at achieving the principles of purpose. The methodological basis of the article is the dialectical method of cognition based on materialistic dialectic with the use of such general scientific methods as analysis, synthesis, induction, deduction, abstraction, specification, analogy, hypothesis building method, and the system-structural method. The study has resulted in the identification of cases of excessive formalism by courts when applying the rules of procedural law. The practical significance of the results obtained is to prevent such mistakes by law enforcement authorities in the future. As a result of writing this article, the author has established that the main manifestations of excessive formalism are the creation by the court of procedural obstacles to the implementation of procedural rules by the parties to the case, strict interpretation by national legislation of the procedural rules, and return of an administrative claim on formal grounds. It is proved that excessive formalism in resolving the issue of acceptance of a statement of claim leads to a violation of the right to fair judicial protection.

Judges and Social Networks

2024-03-21T09:54:44+00:00

It is essential that the judicial function be public, discreet, and professional. Its legitimacy as a public authority is acquired through the recognition of judgments, in which there is an identification between decisions and society. But what type of communication must be made by the judiciary, and especially by judges, to provide information about their activities, and ensure that their interaction strengthens the republic, generating proximity between the sovereign and the public power.