liberland / laws

Drafting and reviewing the Law of Liberland. Interim Laws and Laws adopted in Referenda will be placed here.

Liberland

Liberland is a country situated on the western bank of the Danube river between Croatia and Serbia, sharing a land border with the former and a river border with the latter. Liberland was proclaimed on 13 April 2015 by Vít Jedlička.

More info: Liberland.org, Facebook

Basic information about the country can also be found in basic-facts.json file, which is located in the liberland/data repository.

The GitHub is linked to our Wiki pages, where you can learn more about out young country.

Wiki

• Constitution
• Laws

Repositories

Main

• assets - Official symbols (flag, coat of arms, hymn)
• constitution - Constitution draft
• data - Open Datasets
• docs - Documents in various languages and formats
• laws - Laws and Regulations
• translations - Translation project

Blockchain

• liberland_backend - The backend of the LLM (Liberand Merit) blockchain project, the system itself
• liberland_frontend - The user interface providing the UX for the LLM blockchain
• liberland_node - The code for the nodes of the blockchain, i.e. for the validators and to download the public chain.
• liberland strategy - The state of the version of the project on this GitHub and the instructions for future development

Technical

• docs-tools - Build tools for documents

Contributing

Most repositories are open to suggestions and improvements, so feel free to send a pull request. More information can be found in each repository.

License

We use various licenses, yet all are public domain:

• documents are usually released under CC-0 Universal (CC-0 1.0)
• datasets are usually released under Public Domain Dedication and Licence (PDDL)

laws's Issues

Elections Law

Company Law Review

The Cabinet has adopted the Company Law as the Interim Law 01/2021.

Currently, we are undergoing a review based on 6+ months of practice with this Interim Law. The review takes place in this document.

There are new requirements due to the evolving environment:

• new legal forms
• fiduciary duty
• adjustments to fit the blockchain
• DAOs
• make the option to not be a Ltd. if desired
• split bankruptcy, make it a new Bankruptcy Law

and there are additional requirements for higher transparency and

Where can we find a list of members of the Preparatory Committee?

Where can we find a full list of members of the Preparatory Committee? This should be made public, contact information should be given, and an organization structure provided.

Procurement Law

We are drafting the Procurement Law in this document.

Initial Requirements:

• super simplified
• protective of State finances
• just
• corruption proof (as much as possible)

Initial Inspirations

• Czech Procurement Law

Police Law

We are drafting a Police Law in this document.

Initial Requirements:

• community policing
• checks and balancing
• ability of citizens to effectively seek recourse
• restrictive on the police
• keeping human dignity

Initial Inspirations:

• Police Law of Japan
• Police Code of the Netherlands

Referendum Law

We are drafting our Referendum Law in this document.

Requirements:

• inherit Polkadot
• have politpooling
• set up differing referendum period
• Polkadot Council -> Congress

Inspirations:

• Polkadot Wiki (because we do this on our blockchain)

Maritime Law

We are trying to draft the Liberland Maritime Law here.

Land Management Law

The Minister of Finance has issued the call for the drafting of a Land Management Law. The drafting will take place in this document.

Inspirations

• Latvian Land Law
• Textbook on Real Estate Law
• Dutch Real Estate Law

Business Development Law

On the request of the Minister of Finance, we are drafting the Business Development Law in this document.

Unnecessary crimes

At least two crimes are unnecessary: forgery and terrorism.

In the former, it's already an act of fraud, except with a different victim: the State. Is the intention to apply a different punishment because a state organ is defrauded? If so, this would be a double standard.

Terrorism is an act of aggression, punishable as any combination of other crimes involving the initiation of force (murder, hijacking, theft, etc.). Is the point to have a broader definition than that which is covered by these existing crimes? If there is an element of terrorism that is not an act of aggression, then this is an issue as the charge could be applied to elements which should not be crimes, such as exercising freedom of speech ('thoughtcrime').

However, these need to be defined first (see #1) to have a productive discussion on them.

Business development law permission?

Is it an error that the Business Development Law document is read protected by default?
It seems it should be readable by anyone, no?

Criminal Law

We are drafting Liberland's Criminal Law in this document.

WARNING! The draft, as it is now, currently contains provisions which SHALL NOT REMAIN in it! How the drafting goes:

• first, get in all the source information - from all sources, some may be strange, contradictory, etc.;
• judge which information is applicable in Liberland;
• remove the rest while keeping the law sufficiently standard & acceptable for the neighbours (see below).

So PLEASE do not judge the draft for the potentially problematic things currently there; we will work diligently to make this law as libertarian as a criminal code can be. We need to have a criminal code to call ourselves a State.
This is an extremely sensitive & complicated project, will take a long time & big effort.
!!!!THEREFORE: WHAT YOU SEE IN THE LINK ABOVE IS NOT THE CRIMINAL CODE OF LIBERLAND - NOT YET, NOT BY A VERY LONG SHOT!!!!!
Thank you for your understanding!

The initial requirements are:

• make the law acceptable for neighbouring countries of Croatia and Serbia - that is why we are drafting based on their laws first, with minor additions or (mostly) removals.
• make it just
• make it libertarian

The initial sources of inspiration are

• Criminal Code of Croatia
  
• Criminal Code of Serbia
• Criminal Code of Czechia
• Criminal Law of the Netherlands

Reserves Law

We are drafting the Reserve Law in this document.

Requirements:

• need to be reviewed

Cruelty to animals

Say you torture a wild animal. How can you be prosecuted for this? The animal cannot consent to your prosecution. It has no owner.

rewriting sentencing

Following my conversation with Jaromir, we are asked to rewrite the sentence section of the Administration of Justice. As you changed it now it is unclear what sentence will be given for what offence.

We want Felonies to be punished by extradition (or imprisonment if the country of origin does not recognise our jurisdiction) and Misdemeanors punished by commonity work and financial restitution to the victim.

Can you edit the document?

Restitution in criminal code

How much money should victim receive from a sentenced thief ? Kinsella wrote once that even 2:1 compensation ratio may be unjust, not to say anything about 1:1 ratio, which seems to be suggested by the current criminal code (if I understand everything right ?).

"(...) Suppose one in every 36 thiefs gets caught after he commits a crime. When I play a roulette, I bet a dollar on a certain number, and if I win I get 36 bucks. That’s how every insurance agency work, and that’s both fair and economically sound. Now a thief forced me to play the same game with my wallet, but if I win I only get double, instead of 36:1. That’s unfair! I don’t see any justice here, especially since I did not volunteer to play this stupid game in the first place. (...)"

Definitions of crimes are self-referential

These crimes are self-referential in their definitions:

Terrorism is intentionally committing an act of terrorism [...]

Hijacking is intentionally hijacking [...]

Forgery is forging [...]

Damage to property is causing damage to the property [...]

[Assault:] Infliction of bodily harm is inflicting bodily harm [...]

Polluting environment is causing pollution [...]

Assisting in committing a criminal offence is assisting another person in committing another criminal offence [...]

Attempting to commit a criminal offence is attempting to commit another criminal offence [...]

They will need to be sufficiently defined in order to be understandable and enforceable.

Citizenship Law

We are drafting the new Citizenship Law in this document.

Initial requirements:

• Corporate Governance inspired
• Make it blockchain adaptable
• Incorporate the blockchain institutes like politpooling and Proof of Commitment
• Just and understandable process
• Libertarian :)
• KISS - keep it simple, stupid!
• Contract-like
• KYC oriented

Inspirations:

• None in particular

Contract Law

On the request of the Minister of Finance, we are drafting the Contract Law in this document.

Requirements:

• Anglo-American inspiration
• simple
• Canada is a good resource

Inspiration

• An issue on Canadian Contract Law
• Sales of Goods Act (Canada)
• Sales of Goods Act (US)

state expansion

Hi, Kacper,

I watched your youtube talk about the constitution and wished to make two comments. You have made a bold and valiant effort in writing Liberland's constitution, and I congratulate you on your Herculean accomplishment.

Unfortunately, you have made two fundamental errors in your understanding about the US constitution. As an American observer of America, a child of militant patriots, and a lifelong student of philosophy, including some law, I will point them out.

First, the expansion of the federal government has not come from a lack of prohibitions or pages in the constitution. It has come from a few small phrases that were used to expand the state. For example,
"...to provide for the general welfare"
was used to create the national bank and Roosevelt's innumerable new agencies, including the welfare state. In fact, the ratifying states objected to this phrase in anticipation of state expansion. Hamilton and the Federalists reassured them the phrase would never be used this way. Then it was used this way beginning shortly thereafter.

For more about this, I recommend Tom Woods debate with Michael Malice about Alexander Hamilton. Tom Woods is extremely knowledgeable about this subject and might be willing to consult on the constitution.

Second, your constitution's many negative statements on what the state may not do contradict the purpose of a constitution and will lead to precisely what you fear. The point of a constitution is to describe what a state may do. If it is not specifically allowed, it is forbidden. If you write what the state may not do, you imply the state has undescribed powers. Again, US governments at every level have used this to gradually expand their power.

The Bill of Rights, for example, was a massive error. Firstly, the natural rights of individuals and state powers in relation to them were well understood and codified in the English common law. The constitution officially recognizes this law as its basis. But even if codifying them were a good idea, their negative context as regards state powers poisons them. It gave the state a chance to define individual rights in increasingly narrow ways.

The 2nd Amendment is a famous example. Gun controllers have often succeeded in legislating that people should only have guns if they are in well-regulated militias, such as the state-operated National Guard.

In summary, you are too guarded in the text against state expansion. You have multiplied laws unnecessarily. As the state of Liberland has fewer powers than the US state, its constitution ought to be shorter. I suggest that you aim for one paragraph. Or one page. Then you will end up with a five page document that is much easier to read and simpler to apply for everyone. The longer it is, the more avenues of attack you give lawyers and legislators to twist the state to evil ends.

I hope you will consider these matters further and correct the constitution accordingly.

Sincerely,
Andrew Durham

Judicial Process Law

We are drafting the new Judicial Process Law in this document.

Initial requirements:

• Simple
• Libertarian
• The user pays
• Just and proportionate
• Upholding judicial process standards
• Enhanced standards for Criminal/Delict Process
• Enables Private Courts, but regulates them

Inspirations

• Czech Judicial Process Law
• Dutch Judicial Codex
• Jewish Law - Code of the US Bet (Beis) Din

Citizenship law

There is a need to have a law which will regulate at least these citizenship questions:

1. How the citizenship can be obtained.
2. How a person can renounce his/her citizenship.
3. Dual/trial/etc citizenship