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The authors consider the main theoretical approaches and practical recommendations related to the perception and application of the principle of uniformity of judicial practice in the field of ecology as the basis of justice. The publication proposes a model of positioning judicial practice in its two forms of being: as an instrument and a source of law in their dialectical unity.

There are some differences between the negligence that attracts criminal consequences and the one that attracts consequences in terms of civil liability. These differences are also reflected in the judicial practice, respectively in the solutions pronounced by the courts in the cases whose object is acts committed as a result of the negligence of the perpetrator. Such a case, in which the two types of negligence were addressed, is presented in this article.

\"The purpose of the work concerned the study of the legal nature of the ECHR practice, as well as their place in the sources hierarchy of law of Ukraine, which regulates economic relations. For this, the work used the method of analysis and synthesis, comparison and formal and legal method. As a result of the study, it was established that the status of ECHR judgements as a source of law is determined and consolidated by Ukrainian legislation. It was proved that such regulation allows avoiding conflicts in national legal norms and to achieve unambiguity in the context of the application of the ECHR practice by the courts of Ukraine. In addition, such legislative consolidation ignores a separate sector of economic relations, which concerns compensation for moral damage to economic entities. Thus, the conducted study made it possible to establish that the place of the ECHR judgements in the system of sources of economic law of Ukraine is determined by legislation and is binding for implementation. The practical value of this work was revealed in the possibility of using obtained conclusions by scientists to continue the study of this topic, as well as by judges in the course of solving economic cases.\"

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1645-1661 | Article | (Table of Contents) I. Introduction. – II. Law-making capacity as an expression of sovereignty. – III. The participation of international organizations in the formation of customary international law. – III.1. Overview. – III.2. Whose practice? – III.3. Which norms? – III.4. Conclusion. – IV. The practice of the EU and its relevance in the creation of customary international law. – IV.1. Overview. – IV.2. Legislative practice of the Union. – IV.3. Judicial practice of the CJEU. – IV.4. Positions taken by the Commission in (quasi-)judicial proceedings. – V. Conclusions. | (Abstract) This Article argues that the ability of the European Union to participate in the creation of customary international law curtails the sovereignty of its Member States. First, it shows that authority to participate in norm-creation constitutes a core aspect of sovereignty under international law. Second, it argues that the conduct of the European Union (as an international organization) may be determinative in ascertaining the existence and content of customary norms. However, that authority lacks an explicit basis in the treaties. Third, it asserts that this encompasses norms that are directly relevant for the Member States, potentially in circumstances outside of the scope of EU law. The Article then specifically discusses three types of acts of the Union and their relevance for the creation of customary international law, while providing examples that touch upon traditional inter-states relations. In particular, this concerns the legislative practice of the Union, the judicial practice of the Court of Justice of the European Union (CJEU) and public statements made by the Commission in (quasi-)judicial proceedings.

The underlying premise of a global constitutional order is dictated by the singular, unitary nature of the environment, a deeply interdependent whole. This premise aside, international environmental law, as we know it today, is far from constituting an international constitutional order. Rather, it presents a broad set of principles and mixed legal and political commitments of states dispersed in a myriad of international instruments possessing varying degrees of formality, legal status, scope of regulation, and effect. Its unparalleled dispersion, organizational and regulatory flexibility, and overall indeterminate features of normative content and procedure are neither improbable nor inconceivable for a relatively new genre of international legal regulation, namely the environment. Simply put, a consolidated international legal order as it ordinarily exists in other arenas is missing in the case of the environment. In shaping its contents and effects, a new institutional ally is found in national and regional judicial bodies, which instead rely on human rights to ground their decisions in pursuit of climate goals and aspirations. The ensuing result is that framing the order that will govern the global environmental change, resort must be made to the models already fashioned by the practice of national and regional systems. Ultimately, this article proposes the principal parameters of a constitutional order for the environment.

\"The research aims to conduct a complex analysis of the legal acts and statements in the regulation of customs debt in the Albania Republic legislation. During the research, the following methods were used: the legal analysis, structural, systemic, and functional methods of juristic generalization as well as the comparative method. The research presents a comparative analysis of normative legislations on the reasons for customs debt in the Customs Codex of Albania Republic (CAR) of 1999 and the Customs Codex of Albania Republic (CCAR) of 2014. Especial attention was devoted to the judicial practice analysis of the Higher Court of Albania Republic addressing the customs debts. The most frequent cause of this sphere is related to the causes of customs debt, the relation of the administrative and judicial order of the case investigation on the customs debt as well as reasons for the customs debt and its calculation. The research stated that administrative orders of implementation concerning the Albania customs workers also have several issues. Due to the immense number of issues, caused by the definitions and enforcement of Albanian customs law during the court case review related to the customs debt, the authors suggest developing a respective law enforcement norm on the level of practice generalization of the Higher Court of Albania Republic and formed separate recommendations on its content, which determines the practical value of the research.\"

(judicial practice) is a critical feature of post-classical Mālikī law in the Maghrib. The scholars who have examined contend that it presents a paradigm of Mālikī law’s flexibility and judicial responsiveness to custom ( ). However, also constitute a significant part of the regional Islamic juristic literature produced from approximately the 17th to nineteenth centuries. In this article, I examine how of Fez became not only widely practiced but part of the mainstream Mālikī jurisprudential discourse in Morocco. I argue that understanding Islamic law’s mechanisms for discursive stability is critical for its well-established capacity to change through principles like . I do so by analyzing three practices that contravened the prevailing Mālikī rule yet were widely practiced as of Fez: female witnesses for spousal defects, the unilateral shared property sale, and the twelve-person testimony (plus a fourth “counter-example,” the abandonment of the mutual spousal cursing oath ( ), that reinforces the argument). I pay special attention to jurists’ discursive techniques for entrenching in Mālikī history and precedence in classical substantive Mālikī rules. In the end, I call to acknowledge ’s inextricable status Islamic law in Morocco and beyond.

Under the background of China’s strategy of becoming a powerful agricultural country, geographical indications (GIs) of agricultural products, as an important intellectual property right to enable Chinese agriculture to develop with high quality, have a strong effect of strengthening and promoting agriculture. However, there are a large number of infringements of GIs among agricultural products in judicial practice, which not only greatly damage the economic and social values of GIs of agricultural products, but also bring huge food safety hazards to consumers and hinder the overall protection of intellectual property rights in China. On this basis, this paper, with the help of a quasi-case research method, integrates the facts of relevant cases, the focus of disputes, the application of law, and other case elements to realize the case similarity judgment based on the legal argumentation model. With the help of the retrieval tool of “Peking University Magic Weapon”, this paper provides statistics on the civil cases of infringement of GIs of agricultural products in China from 1 January 2014 to 31 July 2022 and sets different retrieval conditions for two searches. After two screenings, 245 valid samples were obtained, and the judicial patterns of infringement disputes over GIs of agricultural products in China were systematically sorted out from the distribution of plaintiff and defendant, the distribution of infringement types, the basis of adjudication, and the standard of compensation. It was found that the plaintiff types showed double simplification, the infringement types took edge infringement as the basic form, and the general trademark provisions occupied the main position in legal applications. Then, the main litigation points, such as the dispute over the identification of GIs of agricultural products, the dispute over the use of geographical names, and the dispute over tort liability, are summarized, so as to dig out the characteristics of the implicitness of infringement, the expectation of implementation, and the concreteness of aspects. On this basis, the regulatory path of the infringement of GIs of agricultural products is put forward, such as introducing procuratorial public interest litigation, multi-agents cooperating to implement all-round supervision, and reasonably determining the amount of damages.

The practice of having priests admonish suspects, which was designed to replace torture, was a significant innovation in the legal system during the reign of Catherine II. This practice has been overlooked by researchers in the history of law and judicial practice. The article examines the involvement of clergy in the investigation of criminal offences on the basis of judicial materials from the Voevoda Chancellery of the city of Gorokhovets (central Russia) for the period 1760s–1770s. These materials demonstrate, for the first time, how the court appointed priests for such admonishment, how the process of admonition unfolded, how the testimonies of the suspects were formulated juridically and what information they contained. Furthermore, they present the results of involving priests in the investigation. Overall, these documents testify to the considerable participation of priests as investigators and their contribution to the improvement of the judicial process.

The practice of having priests admonish suspects, which was designed to replace torture, was a significant innovation in the legal system during the reign of Catherine II. This practice has been overlooked by researchers in the history of law and judicial practice. The article examines the involvement of clergy in the investigation of criminal offences on the basis of judicial materials from the Voevoda Chancellery of the city of Gorokhovets (central Russia) for the period 1760s–1770s. These materials demonstrate, for the first time, how the court appointed priests for such admonishment, how the process of admonition unfolded, how the testimonies of the suspects were formulated juridically and what information they contained. Furthermore, they present the results of involving priests in the investigation. Overall, these documents testify to the considerable participation of priests as investigators and their contribution to the improvement of the judicial process.