Hybrid journal (It can contain Open Access articles) ISSN (Print) 0144-3593 - ISSN (Online) 1464-3863 Published by Oxford University Press[425 journals]
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First page: hmad010 Abstract: AbstractThe relevance of the chosen problem is conditioned by the need to develop theoretical ideas about the institution of disclosure of documents in the civil procedural legislation of the Republic of Kazakhstan, considering the experience of the UK, which will emphasize the potential of this measure to improve procedural discipline and ensure legal certainty in making court decisions and increase the level of legal culture in Kazakhstan, which may affect the effectiveness of this procedure or this institution in practice. The purpose of this study was to characterize the institute of disclosure of documents in civil proceedings using methods of comparative legal analysis of English contract law and the current legislation of the Republic of Kazakhstan. The methodological basis of the study consists of dialectical method, comparative legal analysis, analysis and synthesis, formal and logical, formal and legal, classification and grouping, and questionnaire methods. There is an urgent need to develop theoretical ideas about the disclosure of documents in the Republic of Kazakhstan, especially in light of the introduction of new elements of disclosure such as pre-trial protocol in the civil process. PubDate: Tue, 28 Nov 2023 00:00:00 GMT DOI: 10.1093/slr/hmad010 Issue No:Vol. 44, No. 3 (2023)
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First page: hmad008 Abstract: AbstractThe legislative drafting process has recently undergone dramatic changes in Saudi Arabia. This development was motivated by the country’s desire to create a more transparent, efficient, and effective legal system. Despite the advancements achieved in legislative drafting, there remain significant challenges that impede the quality of proposed legislation in the country. This article aims to contribute to the evolution of the regulatory framework governing the legislative drafting and law-making process. It embarks on a comprehensive examination of the existing legislative drafting mechanisms, highlighting the need for further improvement in the regulatory framework of legislative drafting to improve the efficiency and clarity of legislation. Furthermore, the article elucidates the complexities and challenges associated with drafting effective laws within the legal system and clarifies the pivotal function of manual drafting and regulatory impact assessments in augmenting the effectiveness and quality of enacted laws. This article concludes with various recommendations such as the need to launch a drafting manual and systematic approach to regulatory impact assessment which can strengthen the evidence base for the development and review of proposed and existing legislation. This article is expected to serve as a cornerstone for similar studies in other jurisdictions within the Middle East. PubDate: Sat, 07 Oct 2023 00:00:00 GMT DOI: 10.1093/slr/hmad008 Issue No:Vol. 44, No. 3 (2023)
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First page: hmad006 Abstract: AbstractOn its inception, the non-conviction-based asset confiscation and forfeiture regime attracted both praise and criticism. Using the Rule of Law as an analytic framework, this paper evaluates the non-conviction-based asset confiscation and forfeiture regime under Botswana’s Proceeds and Instruments of Crime Act, 2014. The paper finds that whilst the regime has withstood constitutional attacks, it still retains some shortcomings. For instance, there is lack of clarity on the standards of proof, procedures and inadequate protection of third-party rights. The paper recommends reforms. PubDate: Sat, 07 Oct 2023 00:00:00 GMT DOI: 10.1093/slr/hmad006 Issue No:Vol. 44, No. 3 (2023)
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First page: hmad007 Abstract: AbstractFor the first time in the history of South African pension laws, a system is proposed that will enable pension fund members to access a portion of their pension benefits while still actively employed. The proposed system seeks to provide pension fund members with financial relief without requiring them to quit their jobs due to financial strain. This paper commends the government’s initiative in response, among others, to the financial problems caused by the coronavirus disease (COVID-19) pandemic. This paper argues, however, that despite the potential beneficial effects the system may have on pension fund members, it may introduce new challenges that pension fund stakeholders have never faced before. This paper aims to highlight a potential defect in the proposed system, particularly in cases where pension benefits are included in the joint estate of a pension fund member. South African customary marriages, whether or not they are registered, are by default in community of property. The pension benefits of a member who is a spouse in these marriages form a part of the joint estate. This paper examines and proposes solutions to the challenges that the proposed system may present to spouses in unrecorded customary marriages. PubDate: Thu, 05 Oct 2023 00:00:00 GMT DOI: 10.1093/slr/hmad007 Issue No:Vol. 44, No. 3 (2023)
Hybrid journal (It can contain Open Access articles)
[425 journals]
