Journal of Legal Studies and Researches (e-ISSN: 2676-1688 p-ISSN: 2437-1084), is an international, blind-double-peer-reviewed, Biannual and free of charge, open-access academic journal, published by the Laboratory of Studies and Research in Law, Family and Administrative Development, Faculty of Law and Political Sciences, University of Msila, Algeria. The journal focuses on topics related to law, the family, administrative development, Security Research, Political Science and International Relations, Public Administration, Sharia and Law; and Administrative Sciences. Therefore, it provides an academic platform for professionals and researchers to publish their original and innovative research in the field. The journal welcomes original and academic papers that reflect the latest research and developments in aspects related to law. Our journal is published in both print and electronic versions. The electronic version can be accessed and downloaded freely. All researchers around the world are invited to publish their work in our Journal. Manuscripts can be sent in Three languages (Arabic, English, French) for the two issues (January and June) of each year.
Faculty of Law and Political Sciences, M’sila University, Algeria
Law and Development: An Analysis of the Current Situation and Future Prospects of Small and Medium Enterprises in Algeria
Due to the recent economic transformation witnessed globally, many countries have changed their policies and shifted towards supporting small and medium-sized enterprises (SMEs), recognizing their importance. The success of certain experiences in this regard demonstrates the effectiveness of this type of institution in boosting the economy. Like other countries, Algeria has focused on the SME sector, especially after the oil crisis, and has worked on strengthening and developing it through several measures and mechanisms. This shows the considerable efforts of the Algerian legislator, who has issued many laws and regulations to support SMEs in terms of organization and effective operation, as well as addressing the challenges and obstacles they face, aiming to establish a sector with a strong and organized infrastructure.
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Cybercrime is considered one of the most dangerous crimes witnessed by the modern world. Its seriousness lies in its special nature and distinctive characteristics, as it differs from traditional crimes that occur in the physical world. Cybercrime is the type of crime that takes place in cyberspace, also known as the virtual world, represented by the internet and its electronic components. Therefore, it is closely linked to the World Wide Web, which in turn complicates matters and makes it more challenging for the authorities responsible for combating and addressing this type of crime, whether at the level of security agencies or judicial bodies.
Advertising in the Era of the Digital Economy in Light of the Legislation of Algeria and the European Union
Electronic advertising is considered one of the most modern technologies upon which the digital economy relies, due to its crucial role in promoting products and services prominent with the aim of attracting and enticing the consumer in a digital era where there is no longer room for traditional advertising. The widespread use of electronic advertising in the virtual market, along with the Consumer's inability to physically inspect the goods or product have led to the proliferation of consumer deceiving and misleading practices in order to urge him to contract, which constitutes harm to both the consumer and the economy. To reduce the risks of unfair electronic advertising, particularly misleading advertisements, the legislation of many countries, including Algeria and members of the European Union have focused on enacting legal frameworks to prohibit this type of advertising in order to protect the consumer and enhance transparency in the digital market.
Women's Rights Between Secular Legislation and Divine Laws
Throughout history, women faced oppression in both secular systems and religious laws before Islam. Ancient societies viewed women as inferior beings or even as demons inciting evil. They were bought and sold like commodities, inherited but not allowed to inherit, and always subjected to male authority. Men held dominance in all matters, while women were treated as property with duties but no rights. Some religious councils even debated whether women had souls or were mere impure beings. Eventually, one council in Rome declared them soulless creatures, fit only for worship and service, silenced to prevent them from speaking or laughing. Islam came and honored women, recognizing them as equals to men and forbidding the injustices they had endured in pre-Islamic times.
Combating Corruption via Guidelines Pertaining to Whistle-blowers Protection
Whistleblowers, who are usually employees, disclose illegal, unethical, unsafe, or fraudulent practices occurring within their organizations. The methods of protection for these individuals differ from one jurisdiction to another, with some governments offering robust and consistent safeguards, while others, such as France, Japan, and the UK, provide varying degrees of protection through their laws and regulations. The existing whistleblower laws often fail to take a serious approach, leaving individuals vulnerable to retaliation. Thus, It is essential for countries to adopt best practices and implement effective strategies to ensure that whistleblowers are shielded from such retaliatory actions.
The Legal and Judicial Foundations of the Precautionary Principle in International Environmental Law: A Study of the Legislative Framework and International Policies
One of the most important tenets supporting modern environmental law is the precautionary principle. It seeks to avoid unanticipated hazards that might result in permanent harm to the environment. According to this concept, delaying preventive actions should never be justified by a lack of scientific assurance. It is exactly this recognition of scientific uncertainty that sets the cautious principle apart from the preventative principle. Therefore, by examining several international accords that have established the precautionary principle, this research aims to investigate the legal importance of this concept within the context of international environmental law. Additionally, the study seeks to assess relevant international judicial precedents concerning environmental protection, human life, living organisms, and the conservation of natural resources, particularly those that incorporate the precautionary principle in their rulings.
Litigation in Administrative Matters through Electronic Means in Algeria
Thanks to modern technology, litigants can now file their lawsuits at any time and from anywhere without the need to physically visit the courts and register them. It has also allowed them to know their trial dates, consult their cases, send documents, and receive requests via email services, according to the procedures that must be respected.
Intellectual Property and the Growing Effects of the Digital Divide - Works of Digital Media Institutions in Algeria as a Model
The global digital system has recently witnessed an accelerated revolution that touched the technologies of digital communication media. This made it difficult to protect intellectual works in their technical and legal scopes due to the large digital gap between developed and developing countries. This study comes to present the causes of the digital divide and ways to treat it with a study of the protection of works of digital media institutions in Algeria as a model.
The Legal Status of the Body in Tunisian Law
The law has neglected to provide a precise definition for the human body, merely establishing the concept of the "person" as its legal framework. This study aims to analyze the legal status of the body in Tunisian law by comparing its status before birth and after death with its condition during life. The study seeks to determine the legal framework of the body, classify it within legal categories, and derive the rights and obligations associated with it.
The Role of Local Groups and Civil Society Organizations in Combating Illegal Speculation
The study of this topic aims to demonstrate the state’s fight against crimes related to illegal speculation through its various agencies, as Law 21-15 dated December 28, 2021 was issued, indicating some preventive mechanisms to prevent it from occurring, relying in our study on the descriptive and analytical approaches, as we found that the Algerian state intervened strongly to limit speculation through its decentralized agencies, and also involved civil society organizations in that.
The Role of the Lease Credit System in Financing Commercial Real Estate Projects (Shopping Centers and Large Spaces in Algeria)
This research paper explores the role of leasing contracts as an alternative mechanism to address the challenges of financing commercial real estate through conventional commercial banks. This approach gains significance amid economic challenges, rapid global social development, and the current circumstances in Algeria.
The Israeli Entity's Challenges Before the International Criminal Court Against the Arrest Warrant for Some Israeli Leaders, Between Rejection and Acceptance
After the issuance of an arrest warrant for some Israeli leaders by the International Criminal Court, Israel has presented and will present other Challenges before this court. This study aims to reveal the extent to which Israel is able to evade the responsibility for its nationals who committed the most serious international crimes in the Gaza Strip, however we believe that it will fail in this regard due to the integrity of the judges of the International Criminal Court.
Legal Dimensions of International Civil Aviation Security and Safety
This study aims to examine the reality of international civil aviation safety and security by demonstrating the various legal and institutional mechanisms. The paper concluded that the liability system, especially civil, is deficient in compensating victims of air accidents, which prompted the national judiciary to address the issue by establishing dual liability between the air carrier and the state to compensate passengers, a primary liability towards the carrier and a reserve liability towards the state.
Official Notification: Provisions and Effects
Judicial litigation shall not be held until after the defendant has been formally notified, in order to enable him to present his defenses and refute the opponent’s allegations. Official notification shall only be made by the bailiff, and it shall not be valid except by observing the procedures stipulated by law. Official notification includes the notification of petitions by summons, notification of judicial rulings, notification of executive documents of various types, and notification of the obligation to fulfill.
The Semantic Change of the Term Minor among Maliki Jurists
The term minor among Maliki jurists has undergone a semantic change until it settled on this meaning that is currently prevalent among the elite and the general public. Jurists of other schools of thought - other than the jurists of the Maliki school of thought - and the fundamentalists have used the term minor with the same semantic changes that have occurred to it, so there was a relationship of influence between them; each one influenced the other in terms of precedence and use.
Minimum Capital Requirement for Establishing Banks: An Analysis of Monetary and Banking Law Provisions and Regulation N° 24-01
The process of establishing banks is subject to set strict personal and objective conditions, which usually go beyond those stipulated under commercial law provisions. This restriction is due to the specific nature of banking activities. Therefore, the legislator tends to affect the minimum capital requirement for establishing banks by increasing its value, along with adding some features to it. Through the updates in monetary and banking law, as well as Regulation N°. 24 01.
Participatory Democracy: Between the Political Promise and the Cost of Citizenship
Participatory democracy empowers citizens to play a direct role in decision-making, enhancing authority legitimacy. However, fulfilling this political promise comes at a cost, requiring citizen awareness, influence, and genuine governmental inclusion. Despite the challenges, it remains a tool for transparency, making its implementation a subject of ongoing debate.
Political science has managed to assert its independence after a historical trajectory marked by fluctuations and intellectual interruptions that questioned its identity. It began to take shape as a distinct discipline, eventually evolving into a comprehensive academic field. This paper seeks to trace this trajectory, considering its prominent pioneers and the institutions. It also examines achievements in the current era.
The Rule of the Special Restricts the Public: Between the Secretion of Reality and the Adoption of the Law
The jurisprudential rule “the rule of the special restricts the general” is one of the exceptional rules approved by the legislator in many legal texts, and even approved by special independent legislation, in his desire to find principled solutions as a result of social and economic developments that are produced by reality. If the renewed reality resulted in the implementation of this rule, then the reform of the state in the legal system is more effective than the policy of increasing exceptions.
Recent Developments in the Confiscation Penalty in Algerian Criminal Law
International law has regarded confiscation as an effective instrument for combating serious crimes, and this penalty has undergone numerous changes and reforms. In an effort to keep up with these developments, the Algerian legislator introduced amendments to confiscation in the Penal Code and some specific laws. Our study focused on the amendments to the Penal Code and discussed their impact on crime fighting.