<abstract xmlns="http://www.w3.org/1999/xhtml">

In today’s digital interconnectedness, data regulation in South Asia, particularly in India and Pakistan, is transforming into a state where profound changes are occurring. This article deals with the contrastive analysis of personal data-protection laws in the two countries, with the aim of revealing the points of convergence and divergence and the reasons that either support or reject unification. Different approaches led to the development of these standards, which encompass varying levels of scope, complexity and risk. The methodology prescribes reviewing and assessing the existing laws and proposing their legislative development. The research exposes the inefficiency in the legislative aspect of dealing with the rising demand for an adequate regulatory framework for data-protection measures. The wisdom drawn from this examination bestows priceless advice on Politian’s, legal experts and all involved parties who are concerned about data protection in the context of digital connections. International best practices can be adapted to inform reforms of the Digital Personal Data Protection (DPDP) Act, 2023, in India and the proposed <xref ref-type="bibr" rid="j_socr.28.2024.1.01-08_ref_021">Personal Data Protection Bill, 2023</xref>, in Pakistan to bring enhanced regimes for comprehensive and effective personal data protection in both nations.
</abstract>

Unveiling the tapestry: a comparative investigation into data-protection legislation in India and Pakistan

<abstract xmlns="http://www.w3.org/1999/xhtml">

The present article focuses on the results of the authors’ research conducted on primary sources of Roman law, with the aim to examine and evaluate the legal framework of the gambling phenomenon. This article discusses the historical and legal aspects of gambling regulation, relevant regulatory mechanisms, the attitude towards gambling organisers and supporters, penal policies against those who force others to play, certain exceptions from general principles governing the gambling regime, the status of individuals with particular legal standing—such as persons under paternal authority, slaves and clients engaged in a client–patron relationship, as well as the mechanisms for public oversight of the gambling regime. The authors have conducted the research and analysis of the information contained in the so-called Justinian’s codifications, also known as ‘Corpus Iuris Civilis’, specifically the ‘Codex Iustinianus’ (Code of Justinian, 534 AD) and ‘Digesta seu Pandectae’ (Digest or Pandects, 533 AD). The research employs the inductive, deductive and comparative methods.
</abstract>

The legal regulation of gambling phenomenon in Roman law

<abstract xmlns="http://www.w3.org/1999/xhtml">

Various problems will arise regarding the transfer of the national capital from Jakarta to Kalimantan Province after the passing of Law Number 3 of 2022 concerning the new national capital. The legislative function of the House of Representatives is very minimal regarding the formation of the New National Capital Law. This research analyses the minimal legislative function of the House of Representatives in the policy of relocating the new state capital. This research uses a qualitative approach method. The data-collection technique used in this research is based on a literature review. The results of this research show that the presidential executive body is more dominant in formulating policy rules for relocating the new capital city. The House of Representatives, as a legislative institution, has not yet optimally carried out its role in providing input and monitoring the policy regulations for relocating the archipelago’s capital city. The House of Representatives did not optimally carry out its supervisory function, especially in using the right of inquiry to review the negative impact of the policy on nature conservation. The House of Representatives has also not yet fully investigated the certainty of the projected revenue achievement of the development budget sources for the archipelago’s capital, the total budget of which reaches IDR 466 trillion.
</abstract>

Decrease in the function of the people’s representative council of the republic of Indonesia in the policy of relocating the archipelago’s capital city

<abstract xmlns="http://www.w3.org/1999/xhtml">

On 24 February 2022, Russia’s aggression against Ukraine escalated into a broader armed invasion of the Ukrainian territory and a subsequent protracted war. This event significantly impacted various social, political, legal and other processes worldwide. This global upheaval not only influenced international processes but also had an impact on various national-level processes, including the introduction of changes within the spectrum of criminal threats. Upon realising the extent of interests being criminally violated, the author of the research chose to narrow the research focus exclusively to the Latvian level. Moreover, the range of interests violated at the Latvian level can be quite extensive, as the commission of any criminal offence outlined in the Criminal Law can be indirectly linked to the war in Ukraine. With this in mind, the study aims to identify the criminal threats in Latvia stemming from Russia’s aggression in Ukraine by analysing statistical indicators of registered criminal offences, the activities of lawmakers in the development of criminal law norms and case law in situations where Ukraine is mentioned in the description of the alleged criminal offence.
</abstract>

Criminal threats in Latvia raised by Russian aggression in Ukraine

<abstract xmlns="http://www.w3.org/1999/xhtml">

The objectives of this research work are to reflect on the circumstances of the fact in proof in criminal cases regarding sexual violence against a child and to identify the problems of proof. The research has revealed the problems concerned with the identification, investigation, and evaluation of the circumstances to be proved. The main results of the research: the main matter of the fact in proof of sexual violence is related to the clear identification of the object of threat, the actus reus of sexual abuse. To achieve this, from the very beginning of investigation, in the pre-trial procedure, the investigating officer should be carefully prepared, including the place and time of interrogation and the choice of questions. Also, the interrogation of the injured child should be conducted according to the provisions of the Criminal Law. When investigating a case of sexual violence against child, from the very beginning of the investigation, the task of the investigating officer is to clarify and investigate the criminalistics versions in order to identify the principal fact, including the criminal act’s actual circumstances.
</abstract>

In proof in criminal cases on sexual abuse against child

<abstract xmlns="http://www.w3.org/1999/xhtml">

In the Latvian discourse of the theory of law and legal practice, there is a set of influential ideas that constitute a theory of general principles of law. This article aims to offer some critical remarks on the aforementioned theory and to explore some resulting methodological implications. In this article, two main research methods are used: the descriptive and the deductive methods. The examination of the theory resulted in the conclusion that it is self-contradictory to assert that the basic norm (a democratic state based on the Rule of Law) can determine the entire content of the legal system. Following are some methodological implications: First, instead of asserting that all legal methods are general principles of law, one should adopt a more general norm that is flexible enough and avoids contradictions between different obligations to use legal methods, i.e. the principle of reasonable application of legal norms. Second, the interpretation of written legal norms and the concretisation of unwritten ones cannot coexist if the basic norm determines the entire content of the legal system because of the postulate which asserts that writing down unwritten legal norms in a normative act does not change its unwritten nature.
</abstract>

Critical remarks concerning the theory of general principles of law and its methodological implications

<abstract xmlns="http://www.w3.org/1999/xhtml">

The aim of this article is to examine mobbing as a reason for termination of the employment relationship. The concept of ‘mobbing’ in the workplace is not defined in the laws and regulations of the Republic of Latvia, and it is necessary to study the need to define the concept of mobbing in the laws and regulations of the Republic of Latvia. Notwithstanding the lack of the concept of ‘mobbing’ in the legal framework, the existing laws and regulations, such as Section 7 of the Labour Law (LL), which guarantees the principle of equal rights, and Section 29 of the LL, which prohibits differential treatment, may be applied to prevent its harmful effects. An employee who has been subjected to mobbing and for that reason cannot continue the employment relationship may exercise the right to terminate the employment relationship provided for in Section 100(5) of the LL. However, the employer may exercise the right provided for in Section 101(5) of the LL to terminate the employment relationship with the employee if he has an important reason, which shall be any circumstance which, on grounds of morality and mutual fairness, makes it impossible to continue the employment relationship.
</abstract>

Mobbing as a reason for termination of employment relationship

<abstract xmlns="http://www.w3.org/1999/xhtml">

The sources of identity for the state are subjected to a constant process of change dependent upon, but not reduced to the aspect of who is creating the collective consciousness of the state’s self-awareness at the specific point in time. This paper traces and analyses the legal and political changes made in Russia’s legislature and governance model over the course of the past 20 years. This article argues that constitutional and legal changes have promoted and identify the president of Russia as a ‘curator’ of foreign policy—controlling the decisions made and the state identity that supplements them or enables them. As a result, it can be argued that although in the Russian political elite, several key agents can be identified as the ones shaping and influencing Russia’s foreign policy and constructing its identity, President Vladimir Putin, from a legal and political perspective has the most legal power and authority and thus can be considered the main agent of Russia’s identity construction.
</abstract>

The consolidation of putin’s power through legal and political means: implications for identity construction

<abstract xmlns="http://www.w3.org/1999/xhtml">

The international survey, which aimed to assess the well-being and mental health of legal professionals worldwide, found that more than a third of the lawyers surveyed believe that work has a negative impact on their mental state and well-being. In addition, the survey found that 29% of the respondents had experienced suicidal thoughts or actions at some point in their career, and 45% reported experiencing stress-related health problems (International Bar Association, 2021). The aim of this study is to theoretically describe and practically explore aspects of well-being and the factors influencing it, as well as the needs of investigators, prosecutors and judges and the possibilities of supervision in promoting well-being. Two questionnaires ‘Professional well-being’ and ‘Professional needs’ were developed. The survey was carried out among 354 respondents: judges, prosecutors and investigators. It was concluded that the mental health, workload, work–life balance, knowledge, development and socialisation needs of judges, prosecutors and investigators are influenced by the need for a supportive working environment and psychological support, which determine the possibilities for supervision. At the same time, there are statistically significant differences between the job satisfaction, mental health and work–life balance of investigators, prosecutors and judges. There are also statistically significant differences between judges’, prosecutors’ and investigators’ needs for support, knowledge and development.
</abstract>

Promoting the well-being of investigators, prosecutors and judges in Latvia

<abstract xmlns="http://www.w3.org/1999/xhtml">

One of the most frequently used special investigative activities is the control of the means of communication. Hence, the current research was conducted with respect to this special investigative activity. The purpose of the present research is to identify legal and practical problems encountered when conducting the control of special investigation activities—the means of communication and the subsequent use of the information obtained during the criminal process, as well as determining the most important legal problems, defining them and finding the right legal solutions. The material and methods used during the preparation of this publication included an expert survey that was used to obtain all the necessary data for the research. The comparative and logical methods were used for the analysis and description of regulations, court decisions, scientific literature and expert opinions. Methods of interpretation of legal norms have also been used in this research. The specific nature of special investigative activities creates both legal and practical challenges, which can be overcome when conducting criminal proceedings so that the information obtained by the control of means of communication during the special investigative activities can be used as legal evidence during criminal proceedings. As a conclusion of the research, legal solutions to the identified legal problems regarding the issue researched upon are proposed.
</abstract>

Legal and practical issues of special investigative techniques—control of means of communication performance and usage of the obtained information from criminal proceedings

AHEAD OF PRINT

Volume 2024 (2024): Issue 1-28 (May 2024)

Volume 2023 (2023): Issue 1-25 (May 2023)

Volume 2023 (2023): Issue 1-27 (December 2023)

Volume 2023 (2023): Issue 1-26 (October 2023)

Socrates. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law.

The scientific journal Socrates was created in 2015. The Journal is published on behalf of the Faculty of Law in the Riga Stradins university. It is designed to contribute to understanding in all matters relating to law and focuses on interdisciplinary research.  The aim of the journal is to foster and expand debates among legal scholars, practitioners, researchers, and members of the academic community. The content of the journal promotes scientific discussions within the fields of Medical Law, International Law, Criminal Law, Civil Law, Administrative Law, and Comparative Law, while considering interdisciplinary aspects. Articles and commentaries of a comparative nature are published in both Latvian and English.  Socrates is published in a single volume three times a year in May, September, and December.  The scientific journal Socrates is one of Latvia's top legal journals with an international profile, and it is indexed in lists such as ERIH+, ICI Journals Master List, DOAJ.  Until December 2023, please submit articles via email to socrates@rsu.lv. From January 2024, all manuscripts should be submitted to the journal via Editorial Manager.  Review process  All research articles submitted to Socrates are subject to a thorough double blind peer review. Each article in each edition is assigned to at least two reviewers. The identities of both the authors and the reviewers of a manuscript are kept confidential from each other. This anonymity ensures an impartial evaluation of the manuscript's quality, methodology, originality, and adherence to academic standards. Reviewers provide detailed feedback and recommendations for improvement without any knowledge of the authors' affiliations or backgrounds. This process enhances the fairness and objectivity of the peer review, helping to maintain the quality and integrity of scholarly research.  Open Access License  This journal provides immediate open access to its content under the Creative Commons BY NC 4.0 license. Authors who publish with this journal retain all copyrights and agree to the terms of the above-mentioned CC BY NC 4.0 license.   Journal policy and ethics  Socrates follows ethical standards in publishing. The ethical standards of the journal are based on the Code of Conduct and Best Practice Guidelines by the Committee on Publication Ethics (COPE). The journal at institutional level supports FAIR principles for scientific data management and stewardship and work with institutional repository created based on open source code software provided by Dataverse project – Dataverse.  Archiving  Sciendo archives the contents of this journal in Portico - digital long-term preservation service of scholarly books, journals and collections.  Plagiarism Policy  The editorial board is participating in a growing community of Similarity Check System's users in order to ensure that the content published is original and trustworthy. Similarity Check is a medium that allows for comprehensive manuscripts screening, aimed to eliminate plagiarism and provide a high standard and quality peer-review process.  Previous volumes are available at: https://www.rsu.lv/en/socrates/archive 