Volume 52, Issue 1

This paper examines the historical development and contemporary landscape of Islamic financial law in Central Asia. Rooted in Sharia principles such as avoiding riba (usury), gharar (uncertainty), and maysir (gambling), Islamic finance has evolved into a sophisticated framework that promotes equity, transparency, and social welfare. In Central Asia, a predominantly Muslim region shaped by diverse cultural influences, Islamic financial jurisprudence reflects a unique blend of traditional practices and modern regulations. The growth of Islamic finance in this region is driven by increasing awareness, regulatory support, and integration with global markets. Key principles like the prohibition of interest, risk-sharing, and asset-backed financing underpin the operations of Islamic financial institutions. Case studies from Kazakhstan, Uzbekistan, and Tajikistan illustrate successful implementation strategies. The paper concludes by emphasizing the potential for Islamic finance to drive sustainable economic development in Central Asia and the need for ongoing research, collaboration, and policy support to navigate the complex dynamics of this evolving field.

The online registration of sex offenders and the maintenance of these databases is a subject of concern. Although it is imperative to track sex offenders and maintain their records as a measure to deter crime, this process can affect or even prevent the offenders' reformation and violate their right to privacy. Further, according to some, inclusion in these databases leads to a lifetime branding of offenders. India took the initiative in 2018 to reduce sex offender recidivism and now tracks offenders through a registry that is not open to the public. In contrast, in the United States, online sex offender registration databases have been available to the public for many years. The purpose of this paper is to compare the purposes and legal frameworks of sex offender registries in India and the United States, focusing on the impacts of these registries on the offenders and their potential for rehabilitation. Emphasis is placed on the United States, as its registration requirements have been in place substantially longer than in India. The author concludes that, although these offender registries are designed to serve as a mode of crime prevention, they are not necessarily yielding optimal results.

The chapter on fundamental rights in the Constitution of India, under article 12, identifies the “state” as the actor against whom fundamental rights can be enforced. Decades-long jurisprudence invoking article 12 has established the vertical enforcement of fundamental rights against state actors. However, a constitutional bench judgment in Kaushal Kishor (2023) alters this position, wherein the Supreme Court of India expanded the scope of fundamental rights against both state and non-state actors. This article analyzes the dictum in Kishor to argue that even when fundamental rights have been sporadically enforced against non-state actors, it has been by obligating the state to mitigate fundamental rights transgressions by non-state actors (doctrine of indirect horizontal application). The article raises constitutional concerns about the Court's reasoning in Kishor , positing that it ignores the constitutional mandate of article 12, disregards the judicial precedents supporting the vertical application of fundamental rights, and grants an unbounded sanction to enforce fundamental rights against virtually “anyone.”

This article examines the current state of Ukrainian trademark law to enhance further Ukrainian integration into the European and global intellectual property law systems. Ukraine must be seen as a jurisdiction with a high level of trademark protection, as the momentum has swung in favor of Ukraine's admission to the European Union (EU). It also serves as a case study of a country transitioning from an older, obsolete trademark system to a modern one. The article explores the facets of trademark law, both substantive and procedural, that make up a modern, progressive trademark protection law system. The article uses United States (US) and EU trademark laws as benchmarks to compare the development of Ukraine's law on the subject. It explores recent legislative reforms and existing proposals to enhance trademark protection. Particular attention is paid to the 2020 and 2023 Amendments that recognize trademark dilution as a separate cause of action and provide a more precise delineation of the fair use of a trademark, as well as the modernization of the registration process and actions related to trademark opposition and infringement. Additionally, issues related to the revocation, invalidity, and enforcement of trademarks are analyzed. The article concludes that, when fully implemented, the existing intellectual property reform legislation will improve the efficiency of trademark protection in Ukraine.

Marriage is an institution that varies from religion to religion. For Hindus, it is an indissoluble union; for Muslims, a civil contract; and for Christians, a holy union. However, individual autonomy has entered the forefront through the Indian Constitution and the revolution in Indian family law. The Constitution of India specifies that the people can decide who they should marry, who they should not, and with whom they want and don't want to continue their marital bond. The remedy of the restitution of conjugal rights (RCR), available under personal law, applies to those who are legally married but withdraw from marital ties without a reasonable excuse. This study found that RCR is one-sided and used against the other spouse's will. However, the Supreme Court of India has decided that individual autonomy is needed to protect individual liberty and promote national interest, but it has also upheld the validity of RCR, creating a genuine controversy. The object of this paper is twofold—to analyze the individual autonomy enshrined under article 21 of the Indian Constitution, which is contrary to the right to RCR, and to explore this topic through a comparative law technique.

This article aims to analyze the characteristics of individuals who commit military property theft while their country is at war. For nearly two years, Ukraine has been at war, and for nearly nine years, the country has been living under the regime of an antiterrorist operation, later transitioning to the operation of combined forces. However, some citizens’ attitudes towards military property and its preservation have not changed. This article examines key issues in characterizing the individual who commits military property theft and bears responsibility for their actions. Emphasis is placed on applied cognition methods and the Ukrainian researchers’ attitudes towards analyzing the typical characteristics of an individual who appropriates military property during wartime. Additionally, the normative-legal framework regulating the actions of subjects (perpetrators) of military theft crime is explored. It is argued that the specific norm under Ukraine's criminal responsibility law is applied based on the type of crime for which the person will subsequently be held accountable. According to the general rule, only a person who has reached the age of 18 can be considered a military ‘entity’; however, the article challenges this position and suggests alternative possibilities for holding a person accountable based on age. The article also examines holding foreign military personnel accountable, which is particularly relevant for a country in a state of war. The age and social status of individuals committing military property theft are examined using statistical indicators from the Office of the Prosecutor General from 2018 to 2021, which allowed the tracking of changes in the commissions of specific types of military property theft. These trends are also represented visually in diagrams. The article specifically delves into those individuals who commit administrative offenses involving the misappropriation or unlawful use of military property, which is the subject of special administrative liability under article 172-13 of Ukraine's Administrative Offenses Code . Following that, we present data from our survey of 1,273 respondents. Along with these aspects, the article discusses the matter of complicity between military personnel and civilians and provides court decisions as examples. Finally, the authors recommend expanding the accountability of individuals who misappropriate military property.

The relevance of the topic lies in the fact that, despite the high standards established by Ukraine's criminal justice policy for the activities of law enforcement agencies, the situation in the field of criminal proceedings has several negative phenomena. Comparative legal analysis allows for the assessment of national criminal legislation development by comparing the norms of the Criminal Code of Ukraine and the criminal codes of other countries. Particularly, an examination of current legislation in post-Soviet and foreign countries leads to the conclusion that the institution of criminal responsibility is regulated differently in different countries and in different legal systems. The findings of this study could aid in the development of appropriate models for improving the national legal system and developing a systematic approach to the theory and practice of applying these norms.