Open Journal for Legal Studies

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  • The Duty of the Israeli Police to Warn a Suspect About His/her Right to Remain Silent Due to the Israeli Basic Law on Human Dignity and Freedom

    Human dignity and freedom is a basic law, designed to protect the main human rights in the State of Israel. As its title makes clear, the law establishes human dignity and freedom as the fundamental values from which the human rights protected in the Basic Law are derived. According to Section 28(a) of the Israeli Arrest Law (Criminal Procedure Law, 1996) the officer in charge of a police station is required to hear the command’s messages before deciding whether to keep him in custody or to release him, that is, before they hear his words, the officer must warn that he is not obliged. Keywords: Israeli Basic Law: human dignity and freedom, the right to remain silent, Israeli police

  • The Influence of Basic Laws on Criminal Law and the Right to Remain Silent According to Israeli Supreme Court Rulings - A Brief Overview

    The practice of "Privilege Against Self Incrimination" of secrecy against self-incrimination in all Western legal methods, including Israeli law, is seen as one of the human rights in general and part of the right to due process in particular. The constitutional revolution took place and with the enactment of the basic laws of human dignity and freedom, which established several human rights, among them is the right to remain silent, which is considered a right derived from the Basic Law of Human Dignity and Freedom. Keywords: human rights, Israeli basic laws, the right to remain silent

  • Environmental Crimes and Criminal Legal Framework in Albania

    Environmental protection is an essential issue in today’s society. With the increasing number of environmental problems and issues, it is essential to have a comprehensive understanding of the role of criminal law in environmental protection. This paper aims to explore the relationship between criminal law and environmental protection, determining the effectiveness of criminal law in addressing environmental threats. Also, through this study it is analyzed from a comparative point of view in relation to the legislation of the developed countries of the European Union, the shortcomings of the Albanian criminal legislation which need to be updated. Criminal law has also played an important role in protecting the environment by imposing penalties and punishments on individuals or corporations that violate environmental laws. However, there is a need to assess the effectiveness of criminal law in protecting the environment and the challenges it faces in achieving its objectives. This research aims to contribute to the existing literature on criminal law in environmental protection by providing a more complete understanding of its effectiveness and challenges. The findings of the study will assist policy makers in designing and implementing more effective environmental protection measures, resulting in the promotion of sustainable development. Keywords: environmental protection, criminal law, punishment and effective measures

  • General Provisions of Digital Property Law and How to Categorize Digital Assets

    This article deals with general provisions of digital property law and categorization of digital assets. Distributed data storage technologies and their applications have created a market for digital assets, forming a new intangible, digital type of property. The formation of digital property law, which is becoming increasingly important, is based on the functional approach of implementing digital assets as property into the law, which necessitates a rethinking and transformation of property law, similar to the transition from exclusively tangible objects of property rights to intangible objects such as intellectual property, as well as from securities and documents of title (bill of lading, bill of exchange) in paper form to fully dematerialized securities, electronic documents of title, and online accounts as property. The transformation of property law for the purposes of digital assets is based on the implementation of new, sui generis property rights and the extension of rules on property rights to objects that were not previously objects of law or were created for obligatory claims, as a result of which objects arising from actual or contractual relations acquire a in rem and quasi-in rem legal regime. Starting with an overview of the concepts of property law of digital assets, the article then discusses the concept of property, and then the concept of digital assets, their nature and classification of the main types of digital assets as property. The formation of digital property law inherent in modern law is a global trend characterized by the gradual recognition of certain types of digital assets as property and the creation of functional equivalents of possession, legal titles and remedies that are inherent in traditional property law, taking into account the intangible nature of digital assets. The author of this research starts with an overview of the general provisions of property law and digital property law, the article then discusses general provisions categorizing of digital assets, and categorizing types of digital assets. Keywords: digital property law, digital assets, categorizing digital assets

  • History of Telecommunication Law in Nigeria

    The telecommunications sector is a significant contributor to the global economy and is vital to the competitiveness of the economy. Market liberalization's goal and objective encompasses both general economic growth and the advantages to consumers of lower pricing, more service options, higher service quality, and a wider selection of products. As a means of enacting regulatory changes in the telecommunications sector, telecommunications regulation is of the utmost importance. In the telecommunications sector, regulatory reform has become a crucial area. For regulatory reforms to be successful, regulatory regimes must be transparent, consistent, and all-encompassing, encompassing everything from setting up the right institutional framework to liberalizing network industries, promoting and enforcing competition law and policy, and opening both internal and external markets to trade. This article examines the historical background of telecommunications in Nigeria is traced. It examines several developments that have taken place in the Nigerian telecommunications industry. It further examines several regulatory regimes in the Nigerian telecommunications industry prior to Nigeria's independence in 1960 and post-independence till 2003. Keywords: telecommunication history, Nigeria, Nigerian telecommunication industry, economy, laws

  • Enhancing Rule of Law and Social Justice with the Principles of Separation of Power in Nigeria

    The principle of rule of law and separation of power is very essential in any sane democratic society. Without rule of law, life will be nasty and there will be anarchy in the society. The principle of separation of power maintains that the three arms of government in Nigeria must be separated from one another and their functions performed differently and independently, that is, one arm of government should not perform the function of the other. This paper is intended to state the rule of law and principles of separation of powers and checks and balances, its meaning and scope and its application by the makers of the 1999 Constitution of the Federal Republic of Nigeria, the level of compliance with the principles in our constitutional experience and the attitude of the judiciary towards ensuring that the principle is preserved and complied with strictly. The relationship between the rule of law and social justice cannot be overestimated while the paper concluded that the operation of rule of law and social justice cannot be effectively felt without separation of power. Keywords: rule of law, government, Nigeria, separation of power, constitution

  • Exploring the Nexus between Corporate Governance and Alternative Dispute Resolution in Nigeria

    Corporate governance has never been important in Nigeria's history regarding the management of private and public corporations. Prior to the phased privatization of public enterprises both the public and private corporations were touted as engines of growth by the successive governments in Nigeria. This is reflected in the current move to harmonize various codes of corporate governance in Nigeria. This paper examines the role that Alternative Dispute Resolution (ADR) can play in enhancing good corporate governance in Nigeria. The paper concludes that if ADR is effectively utilized in resolving board room squabbles and investment disputes, time and money will be saved and such money saved can be reinvested to grow the economy and generate employment for teaming youths in Nigeria administration considers private sector as the foundation for accelerated growth and development of the economy and this has re-awaken a new interest in corporate governance that will engender sustainable. Keywords: Alternative Dispute Resolution, Nigeria, corporate governance, consumer protection

  • Reconsidering the Concept of a Thing in Terms of the Digital Environment: Law Towards an Understanding of a Digital Thing

    This article deals with the issues of reconsidering the concept of thing in terms of the digital environment and the formation of understanding of the digital thing. In terms of digitalization, the legal systems of civil and common law are characterized by the further development of digital objects of law towards of reflecting the material world combined with the features of the digital legal environment. The need for unambiguous regulation of relations regarding the use of new technologies necessitates the implementation in law of a new legal tools that can revolutionise commercе and non-commercial activity, which include, first of all, specifically digital things. Digital things are fundamental component of the digital legal environment, which are being recognized as existing in digital form objects of civil rights. The accommodation of digital legal objects requires a reconsidering of the concept of property and things towards the introduction of a broad understanding of thing, a kind or digital analogue of which are digital things as part of the person's property, which are appropriated (acquisition and termination) and participated in a civil turnover under the general rules of material things, taking into account the features of the digital environment provided by law, contract or the essence of the digital thing. This necessitates the formation of conceptual legal provisions on property and a broad understanding of things, concepts and types of digital things. The authors of this research propose to reconsider the understanding of property (1) and thing (2) towards of their broad understanding in terms of digitalization, to define the concepts and legal nature (3) and types of digital things (4), to use the functional methodological approach of the digital thing (5) and the resulting features of the virtual asset as a digital thing (6). Keywords: digital legal environment, things, property, digital things, virtual assets

  • The Role of Working Bodies of Parliaments in Legislative Procedures

    The demand for rationalization of the work of parliaments and their greater efficiency leads to an increased activity of their working bodies. In the modern world, the task and the role of the working bodies of parliament (committees and commissions) in the legislative procedure is very important. As part of the structure of the modern parliaments, the working bodies are competent to carry out procedures that precede the enactment of the submitted legislative proposal (bill). The work of the working bodies (committees and commissions) in the legislative procedure covers the review of the proposed law and its amendments from the aspect of their purposefulness and from the aspect of fulfilling the formal requirements that the bill should fulfil, giving opinions and suggestions about the proposed solutions in the legislative proposal, and submission of amendments in order to improve the legal text. This paper will elaborate on the position and role of the working bodies in the legislative process in the USA, the United Kingdom and Switzerland. A special review will be given to the types of working bodies involved in the legislative process in the parliaments of the aforementioned countries, their manner of work and their influence in the improvement of the bill. Keywords: committees, boards, bill, legislative procedure, parliament, public hearings, mark up sessions

  • Legal Issues of Children's Personal Data Protection

    The article deals with the problems of protecting the information privacy of minors in the online gaming sector. The authors analyze core approaches and methods of collection and processing of minors’ personal data, special regulation of data processing of children’s audience in light of some private company’s experience, current liability practices, and also offers a set of legislative measures to improve the effectiveness of children’s data protection both at the international and national level, measures for implementation of data subject rights. Keywords: personal data protection, minors, gaming industry, consent to processing, minimization

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