Activities Of Authorities Research Articles

LEGISLAÇÃO E REGULAMENTAÇÃO SOBRE A EMISSÃO DE GASES DE EFEITO ESTUFA NA NAVEGAÇÃO: ESTADO, EVOLUÇÃO E IMPACTOS NO BRASIL

This paper analyzes aspects of international and Brazilian legislation on maritime transport activities and the actions of Brazilian authorities and companies in the sector to ensure compliance with existing environmental requirements, with emphasis on the control of greenhouse gas (GHG) emissions. The paper analyzes the ongoing climate change process and international initiatives to mitigate greenhouse gas (GHG) emissions by economic activity sectors, with an emphasis on maritime transport activities in Brazil, A bibliographical research was conducted on greenhouse gas emissions through scientific articles, government websites and websites of various entities and organizations. A survey was conducted on the initiatives of companies in the sector and on the perception of shipping professionals about the state and prospects for progress in the implementation of measures to mitigate emissions on vessels. The results showed that the regional approach complements global regulations and reinforces the need for a coordinated response to address the environmental challenges posed by international shipping and that the integration of these international regulations is essential to promote sustainable practices and ensure global compliance.

Developing an mpox risk assessment matrix for social listening and infodemic insights generation

Abstract Issue Any effective response to an infodemic, requires prioritizing public health response on identified narrative themes that pose highest risk to health and well-being of populations. High-risk narratives often require more swift and far-reaching action and low-risk narratives require little or no response. Description of the problem Different countries are assigned different levels of risk to specific narratives or concerns, recognizing that for some issues there may be a large gap between the true public health threat and what is generating lots of conversations, concerns and press coverage that indicate a high degree of risk perception that may be unwarranted. WHO developed a risk matrix to apply to global analysis of questions, concerns and narratives about mpox, which resulted in biweekly infodemic intelligence reports that risk-assessed identified infodemic themes and corresponding recommendations for action. Results Risk assessment criteria were defined in the context of WHO’s global infodemic insights analysis for low, medium and high risk and positive sentiment in mpox global outbreak context before conducting the integrated analysis so that insights were reproducible and infodemic response actions were prioritized. This implemented the WHO/UNICEF training manual on 6 steps to produce an infodemic insights report, which includes tools on how to develop and apply a risk matrix for a specific public health question of concern and apply it in analysis. Lessons The approach resulted in rapid, systematic, reproducible and evidence-driven decision-making to respond to the infodemic accompanying the mpox global outbreak. Risk matrices must be adapted to the context of the public health event and the mandate of the health authority taking action. An mpox risk matrix for narratives included adaptation to reflect high-risk from stigmatizing narratives, as well as narratives circulating around or within LGBTQI+ communities. Key messages • A risk matrix must be developed and adapted to the context of each health emergency and level of health authority action. • Prioritization for rapid infodemic response based on a risk assessment is that it facilitates more effective response in a health emergency.

Direct Recall as an Instrument of Political Liability of Public Authorities Before Voters in the Republics of Poland and Latvia

The direct and participatory democracy is becoming increasingly popular in recent years in Europe. States are introducing new institutions into their constitutional systems, which, on the one hand, strengthen the ability of citizens to influence decision-making processes and, on the other hand, allow them to control the actions of public authorities. One of such institutions is a “recall”, which provides citizens with the right to recall, by way of voting, the public authorities elected directly by citizens. The institution of recall may take either direct or indirect form. Nevertheless, only a “direct recall” that takes place at the request of citizens can fully satisfy their interests. The direct recall at the national level is a relatively rare institution, hence, Latvian solutions in this area that allow for the recall of parliament before the end of its term may be considered unique, whilst in Poland the institution of direct recall occurs at the local level. Polish experiences with the practice of recalls indicate that for this institution to function effectively, it is necessary to adopt appropriate legal regulations. For example, the high turnout threshold adopted in both countries, which determines the binding nature of the vote, may be a factor that significantly reduces the effectiveness of this measure. The authors present the current legal regulations concerning the institution of direct recall in both states, as well as provide their critical assessment.

STATE POLICY AS A FORM OF TARGETED STATE ACTIVITY

The article examines state policy as an organized and purposeful activity of the state, which provides for the protection of public interests, ensures the adoption of balanced and justified state decisions, and contributes to the stable development of Ukrainian society. Issues of state policy formation in the system of planning and implementation of development plans of modern society are considered. It was determined that with the transition from bureaucratic forms to innovative methods of managing the state and society, state policy acquires certain signs of publicity, due to the involvement of both state and non-state public organizations in its implementation. It has been proven that the European integration of Ukraine is accompanied by changes in state policy, which is based on European values ​​and standards for the formation of a legal, social and democratic state. Therefore, it is better to use the term «public policy», as active purposeful actions of the state based on the cooperation of state institutions, civil society institutions, as well as non-state organizations and individual citizens. It is noted that the participatory theory of democracy should become a universal principle of organizing the public policy of the Ukrainian state. Because the basis of the effective functioning of participatory democracy is a developed civil society, as well as public trust in the activities of state and public institutions, that is, citizens' confidence in the correctness of the actions of public authorities to implement the goals announced by the state. It is substantiated that modern state (public) policy, firstly, is designed to ensure public expression of will, expression of interests and needs of the population and their practical implementation at the level of power institutions; secondly, it should be based on the principles of: openness, transparency and democracy; thirdly, in the process of development and implementation of political decisions, civil society institutions should be involved in this work. The specific characteristics of state policy as an active activity are singled out, which distinguish it from a whole array of other types of policies. In further studies, it is suggested to pay attention to the normative and legal regulation of state policy.

Знакомиться нельзя копировать, или История одной таможенной проверки

Although administrative procedures of customs control are regulated to a great extent, a review of the judicial practice provides evidence of violations of rights of verified persons during a customs inspection. The article uses the example of a specific legal case to review problems of protection of procedural rights of a non-public subject in customs relations. The author studies challenging problems of protection of rights and legal interests of persons audited by customs authorities based on materials of Ruling of the Constitutional Court of the Russian Federation No. 22-П of April 28, 2023. The paper reaches a conclusion about discretion of customs and judicial authorities not in favor of non-public subjects, which eventually is able to limit basic constitutional rights of citizens and organizations, in particular, the right to review documents and materials that directly relate to rights and freedoms of an individual in the interaction with public government authorities (Clause 2, Article 24 of the Constitution of the Russian Federation). The author assesses the position of customs and judicial authorities from the standpoint of mutual trust between government authorities and audited persons, fulfillment of legal expectations of an audited person, predictability of decisions and actions of government authorities, their responsibility for such decisions and actions.

Effective justice as a law-based state feature

The article considers the concept of law-based state as a basis for justice effectiveness analysis. The necessity of researching the concept of a law-based state prior to covering the judicial system as a characteristic of a law-based state is methodologically justified. It is emphasized that for the development of Ukrainian legal science it is extremely important to investigate how exactly the effectiveness of justice is related to the extent to which Ukraine corresponds to the ideals of the law-based state, especially in the conditions of modern transformations. It is noted that a law-based state is based on the rule of law, the separation of powers, human rights and freedoms protection, and the independence of the judiciary. The theoretical and practical aspects of a law-based state functioning are considered, in particular the role of constitutionalism and legal mechanisms of control. The article emphasizes the importance of justice as a central element of a law-based state, which ensures the protection of citizens’ rights and control over the actions of state authorities. It was noted that in the context of a law-based state formation the effectiveness of justice acts as an indicator allowing to assess how successfully the ideals of the rule of law and the protection of human rights are implemented. The main criteria for evaluating the effectiveness of justice are determined, namely the independence of judges, access to justice, and fairness of decisions. The connections between effective justice and the principles of the rule of law and its role in a democratic society are covered. It is indicated that in the conditions of reforming the judicial system in Ukraine, the issue of maintaining a balance between the independence of courts and their accountability to society has not only domestic political significance, but also directly affects the international image of Ukraine and the process of European integration. It is summarized that effective justice is one of the most important indicators of a law-based state development. It ensures the protection of the rights and freedoms of citizens, contributes to the stability of society and the development of democracy. In order to achieve effective justice, it is necessary to constantly work on the legislation improving, qualifications of judges extension, and judiciary independence ensuring.

Assessment of the effectiveness of management at the regional level based on the analysis of the activities of authorities

Relevance. The problem of effective management of regional development is becoming more and more urgent due to the emergence of new conditions (obstacles) of functioning, which pose the task of creating programs for the most effective management of subjects to the regions of Russia and executive authorities. It is important to note the choice of the subject: the Kursk region is an important region of the Central Federal District due to its potential and geographical location.The subject has a specialization in important sectors of the entire Russian economy, but at the same time may face inefficient management, which will cause a decline in the regional economy. The purpose is to assess the effectiveness of management of an economic entity on the example of the Kursk region by analyzing the activities of executive authorities.Objectives: to establish the parameters of effective management; to study regional policy as a means of increasing the effectiveness of regional development; to study methods for assessing the effectiveness of regional development through the prism of actions of public authorities; to compare the economic structures of the Kursk region and neighboring regions of the region using specific methodologies; to identify the main problems in the development of the Kursk region.Methodology. To carry out the research, methods of system analysis and synthesis, statistical data processing, as well as comparative and expert analysis are used. The results of the study include an analysis of the effectiveness of regional policy in the Kursk region and the identification of the main problems in the activities of government agencies that affect the economic growth of the subject.Conclusions. The Kursk Region is an ambiguous region regarding the quality of regional economic management. Studying the state support of subjects, their management by authorities, we can say that in the field of ecology and industrial development, the state supports the region sufficiently, since these areas are specialized in the region, which cannot be said about other areas. Despite the weak development of other industries, the state needs to provide significant support to such specialized sectors as agriculture and industry.

Международное сотрудничество Кабардино-Балкарской Республики в сфере экономики в первой половине 90-х гг. XX века

In the first half of the 1990s, post-Soviet Russia experienced large-scale transformations of state, socioeconomic, and institutional legal structures, which had a substantial impact on the country’s and the world’s entire economic and legal environment. Because of the transformations that took place, there was a general attitude towards integration into the global market, liberalization of the complex of public relations, including the formation of a certain degree of “independence” of the country’s subjects in the decision-making process, granting the latter greater rights and freedoms in foreign economic activity. Under the current conditions, the Government of the Kabardino-Balkarian Republic attempted establish as many contacts as possible with several countries in the field of trade and economic cooperation, using any opportunities for interaction with the leader-ship of other states, as well as with representatives of individual foreign firms and business cir-cles. This had its positive results, since in the analyzed period several joint Russian-foreign com-panies appeared on the territory of the Kabardino-Balkarian Republic, foreign investments were attracted to the republic for the development of certain industries, and the states began to view the Kabardino-Balkarian Republic as a promising economic partner. However, the study of the histor-ical and statistical material of the foreign economic activity of the Kabardino-Balkarian Republic in the first half of the 90s of the XX century made it possible to identify barriers and threats that did not allow the full use of the internal potential and capabilities of the republic, including: im-perfection of the legislative framework, customs and tax regulation, lack of a developed credit and financial system, inconsistency of actions of federal and regional authorities on certain issues of international cooperation, unfavorable political situation on the North Caucasus.

Mapping vulnerability to climate-related hazards to inform local authority action in adaptation: A feasibility study

BackgroundLocal authorities have a crucial role in building community resilience to the health effects of a changing climate. Support in achieving local action can be provided through improving available public health intelligence to inform decision making. We aimed to co-develop with a local authority a tool mapping vulnerability to climate related hazards. MethodsWe conducted a feasibility study, exploring through stakeholder engagement local priorities and levers for action in adaptation that could be informed by provision of increased intelligence. This informed co-development of a proof-of-concept tool. ResultsStakeholders reported needs in better understanding the intersection between vulnerability and hazard to facilitate partnership working, decision making, and targeting of interventions. We developed a mapping tool, using nationally available data, overlaying a vulnerability index with hazard (heat and flooding) exposure. ConclusionsMapping tools are feasible methods by which public health intelligence to support climate change adaptation planning can be shared. Barriers to action may result from the complexity of vulnerability, concerns of unintended consequences, and resource constraints. Co-development with local expertise is necessary to ensure that outputs add value to local response. This tool will now be piloted to gather feedback on useability, usefulness, and potential improvements.

The Great Game and the border issue in the Pamirs in the reports of Ralph Cobbold, 1898‒1899

The 1890s were a time of growing tension in Central Asia, stemming both from the geopolitical confrontation between the Russian and British empires and from the desire of Afghanistan and China to realise their own national interests and use the struggle of the dominant political forces to their own ends. One of the most difficult issues was the border dispute, i.e. fixing the border between Russia and Afghanistan, on the one hand, and Russia and China, on the other. Britain sought to exploit the differences on this issue to its own advantage, which could well have led to the outbreak of hostilities. The mechanism for identifying weaknesses in Russia’s position in the Pamirs comes out clearly in the 1898‒1899 reports of the British intelligence officer Ralph Cobbold, preserved in the National Archives of India. They characterise the actions of the Russian authorities in the Pamirs, the attitude of the local population to the opposing sides, and potential instruments of local influence that would allow Britain to bring the region under its control. The Russian diplomatic and military administrations were aware of the aspirations of the British Empire and used both the “stick” and the “carrot” to maintain the status quo in the region: in some issues they had to make concessions, in others the Russian side acted rigidly. Such an approach not only kept the Central Asian region in the frames of peaceful development, but also was one of the foundations of the conclusion of the Russian-British pact on the division of spheres of influence in the Middle East and Central Asia in 1907, which put an end to the Great Game and allowed the formation of the Triple Anglo-Franco-Russian alliance.

The change in the legal classification of the criminal offense and the right to defense in the trial

Abstract Due process of law is not just a right. As a constitutional principle, it extends to some basic human rights and freedoms, with which legal procedures are carried out. It is a guarantee of vital importance in any democratic society, the responsibility for ensuring which falls on the justice system. The right to due legal process is characterized by duality. On the one hand, it is presented as a guarantee for every citizen against the unjust actions of state authorities and on the other hand it constitutes an obligation not to violate the rights of citizens without a regular legal procedure. In order to make the protection of basic human rights and freedoms as efficient as possible, the constitutional legislator has provided legal means of constitutional control. The control exercised by the Constitutional Court, when the individual claims the violation of this principle, also appears in the form of a fundamental right in itself and becomes possible through an individual constitutional appeal. Respect for due legal process according to the Constitution is sanctioned by article 42 of the Constitution of Albania where “freedom, property and rights recognized by the Constitution and by law cannot be violated without due process of law.” This provision obliges all public authorities to respect freedom and other human rights. As a guarantee for a due legal process, every person has the right for his case to be heard in a due, public, legal process and within a reasonable time by an independent and impartial tribunal, established by law, which shall decide both disputes concerning his rights and obligations of a civil nature, as well as for the validity of any criminal charges against him.” Article 15 of the Constitution of the Republic of Albania provides that basic human rights and freedoms are indivisible, inviolable and underlie the entire legal order. Based on the constitution, during the criminal process, everyone has the right to be informed immediately and in detail about the accusation against him, about his rights, as well as to be given the opportunity to notify his family or relatives. Everyone has the right to defend himself or with the help of a legal defense lawyer of his choice, to communicate freely and privately with him and to be provided with free defense when he/she does not have sufficient means. The right of defense must be real and its exercise must not be hindered, but the courts must take all legal measures in function of the fair process in order to give the individual the opportunity to defend himself in compliance with the principle of equality of arms, creating the opportunity for the accused to familiarize himself with the materials, evidence and results of the investigation in advance, to prepare and to exercise an effective defense with arguments in his favor in order to oppose the charge brought. Each party must be given a reasonable opportunity to present its case, under conditions, which do not place it in a less favorable position vis-à-vis the opponent. Main objective of this manuscript is the right of defense of the individual during the change of the legal qualification of the criminal offense, analyzing the criteria for its realization in the ordinary trial and further specifically in the trial.

Communalism Factor in Evolution of Political Situation in British India (1920s-1930s)

This article delves into specific aspects of complex political processes that unfolded in the interwar decades in British India, serving as the foundation for the subsequent decolonization of Hindustan. Drawing from an analysis of documentary sources and literary works, a comprehensive overview is provided regarding the factors shaping Indian communalism and the conceptual perspectives of its proponents during the period under review. The study concludes on the contradictory nature of colonial policy during this period. On one hand, it contributed to the formation of elements of political culture within Indian society and to some extent laid the groundwork for India’s future federative system. On the other hand, its aim was to deepen divisions among various ethno-confessional and social groups of the Indian population to solidify control over a key segment of the British colonial system. The actions of colonial authorities significantly exacerbated relations between key ethno-confessional groups of the Indian population by the late 1930s, setting the stage for the dramatic post-World War II processes leading to the partition of British India into two sovereign entities. The complex relations between these entities largely shape the contemporary character of international relations in South Asia.

К вопросу об эффективности противодействия антиконкурентным действиям коллективных субъектов в публичном праве

In the article, the author addresses the issue of liability of collective legal subjects, covers the matters of its efficiency and potential alternatives to reaction to anti-competitive actions of public government authorities that currently exist in the national law and order. The article focuses on means of impact on addressees of administrative and competition law provisions from the civil liability standpoint. The author pays the greatest attention to the problem of efficient counter-measures including anti-competitive actions of public government authorities, the author believes it inexpedient and illogical to apply penal liability to such authorities to achieve the effect of the so-called institutional liability. Following an analysis of the law enforcement practice, the author concludes that special supervision (antimonopoly monitoring with regards to antimonopoly regulation) is an efficient measure of combating illegal actions of collective subjects to achieve both prospective and retrospective legal liability effects.

Navigating through the Storm—The Challenges of the Energy Transition in the European Union

As civilization and technology have developed, there have been multiple energy transitions that have pushed various resources like coal, wood, oil, and gas to the forefront of the energy mix. Due to a variety of geopolitical initiatives, there have been progressively more restrictions on the energy sector in recent years. One of the main concerns of researchers is the widespread use of renewable energy and the replacement of fossil resources. The utilization of non-renewable energy sources results in a detrimental increase in greenhouse gas emissions. One of the most crucial strategies for lowering energy consumption and enhancing the energy system’s sustainability is to increase energy efficiency. Numerous studies note that energy transition has become necessary in the modern day. Using the analysis of the main components as an extraction method, hierarchical cluster analysis, this study focuses on the situation of the states of the European Union in their race for energy transition, taking into account the main challenges generated by geopolitical tensions and the energy poverty spectrum for the population. The conclusions of the study call for a reconfiguration of the energy mix based on renewable energy. Increasing the share of renewable energy is a goal pursued by EU countries, but energy policies must be considered in a broader context that includes the social aspects of the energy transition. So, just transition is a new concept that reshapes the actions of public authorities on the path to a low-carbon economy. Just transition is a necessity that puts the consumer at the center of attention so that the negative externalities generated by the move away from fossil fuels are minimized in terms of social impact.

Longitudinal Associations Between Resilience and Mental Health During the Covid-19 Pandemic.

Research on the psychological impact of the COVID-19 pandemic has pointed out that lockdowns had small effects on the overall mental health, despite considerable heterogeneity among studies is present. Psychological resilience may be responsible for an amount of variance in individual reactions to the pandemic, despite the fact that its longitudinal associations with mental health symptoms remain unclear. This study sought to investigate changes in resilience and its relationships with depression, anxiety, and stress during the COVID-19 pandemic. A total of 814 participated in this longitudinal study via an online survey during the first lockdown consequent to the COVID-19 pandemic (T1) and during the third wave (T2). The Resilience Scale and the Depression Anxiety Stress Scales - 21 were administered. Sociodemographic data and COVID-19 related information were also collected. Psychological resilience decreased during the third wave of the pandemic, whereas depression and stress increased. Moreover, psychological resilience had a direct effect only on depression during the third wave, while its effect on anxiety and stress is mediated by the mental health during the first lockdown. The mental health symptoms worsened during the third wave, while protective factors such as resilience decreased. Individuals showing high resilience experienced lower depression, anxiety, and stress over time. Psychological intervention that enhances resilience should be embraced in the action of health care authorities to reduce the impact of pandemic.

The role of the legislative authority in overseeing the actions of the executive authority under the federal constitution in Iraq

The role of the legislative authority in overseeing the actions of the executive authority under the federal constitution in Iraq

Боротьба з контрабандою: заходи та виклики

Ukraine, as a modern state, faces the challenge of effectively combating smuggling, which not only leads to significant budget losses but also poses a threat to national security and economic development. This article discusses the key aspects of this problem, from the causes of smuggling of equipment to the low level of incentives for customs officers and the threats they face. The reasons for smuggling are discussed, such as corruption, excessive customs duties and taxes, and imperfect legislation. The article also considers the need for parliamentary and public control over the actions of customs and border authorities, as well as optimization of taxation to ensure effective protection of the domestic market. Particular emphasis is placed on the importance of international cooperation, technical support, dog training and public education for the successful fight against smuggling. The article also discusses the problem of low salaries and poor incentives for customs officers, which can jeopardize the effectiveness of the fight against smuggling. The article concludes with a section on possible threats to customs officials and ways to address them, including the possibility of threats, bribery and other negative influences that complicate their work. This article also discusses comprehensive measures such as technical support for customs, the development of a dog service, and the importance of public education for the successful fight against smuggling. The low level of salaries among customs officers and their weak incentives to disclose smuggling schemes are seen as a systemic problem that requires a comprehensive approach and solution. The author analyzes the threats that may be directed at customs officials by smugglers and criminal elements. Scenarios of influence, possible bribery, threats and other negative interactions are discussed in order to ensure effective measures to protect customs and border services. All these aspects interact and influence the success of the fight against smuggling in Ukraine. The article highlights the need for a systematic approach and cooperation of all stakeholders – government agencies, the public and international partners – to create an effective system that minimizes the risks and losses from smuggling.

THE PRINCIPLE OF THE RULE OF LAW IN THE SYSTEM OF LOCAL SELF-GOVERNMENT

The principle of the rule of law, or legal guarantee, plays a key role in the system of local government, providing a framework and restrictions for the actions of local authorities. This principle implies that all actions and decisions taken by local authorities must comply with the law, including legislation at higher levels of government, constitutional norms and local legal acts. The rule of law in the system of local self-government ensures legal stability, protection of the rights and freedoms of citizens, prevents arbitrariness and corruption, and also helps ensure justice and equality before the law for all members of society.

Persistent Vulnerability after Disaster Risk Reduction (DRR) Response: The Case of Salgar, Colombia

Community-based disaster management (CBDM) has replaced traditional models of disaster risk reduction (DRR), giving the community a more participatory role in the planning and implementation of risk mitigation and preparedness strategies, disaster response, and post-disaster recovery measures. This shift in disaster response approaches has impacted understandings of vulnerability and resilience, leading scholars and policy makers to move away from a physical definition of vulnerability and to incorporate social variables. However, in Colombia, a traditional DRR approach still prevails. The National Risk Management Policy employs a top-down approach to risk reduction and disaster management, relying on the action of governmental authorities without community participation in the design or implementation of risk management planning and strategy. This article reveals the deficiencies of traditional DRR approaches. The Colombian government’s post-disaster resettlement project after a 2015 landslide in Salgar, Antioquia that resulted in 98 people dead or missing did not contribute to the reduction of vulnerability for the resettled community. To accurately measure post-disaster vulnerability and resilience, a new holistic model of indicators that includes both social and biophysical variables that illustrate and measure the relevance of preexisting vulnerabilities was developed. Local data was collected through 178 surveys administered to the inhabitants of Salgar’s three post-disaster resettlement sectors—La Habana, La Florida, and Las Margaritas—to construct an accurate picture of the populations affected by the disaster. Our results show that in the case of Salgar, social vulnerabilities persist even in the physical components of the resettlement sites where new infrastructure would be expected to reduce hazardous conditions and exposure to risk.

Модели интеграции современных технологий в правоохранительную деятельность

To counteract the development of criminal activity, law enforcement agencies need to employ new technologies. However, the current models of such implementation provide neither competitive advantage nor forensic efficiency. This article describes the existing models of integrating advanced technologies into law enforcement practice, as well as ways of their optimization. The paper considers the best practices and related risks. The authors relied on standard cognition methods and modeling to develop four key models of integrating modern technologies into crime investigation activities, i.e., 1) legislative consolidation, 2) implementation after the effectiveness has been experimentally verified, 3) departmental regulation, 4) independent initiative implementation. Each model demonstrated a number of advantages and disadvantages. On the one hand, they proved legal, effective, rational, and based on actual threats and risks. On the other hand, the legislative consolidation process is long: as a result, participants in criminal proceedings risk their rights. Moreover, no objective effectiveness assessment can be provided while scientific recommendations do not correlate with actual practice. The authors proposed a comprehensive model that can adapt to a particular technology. The model presupposes coordinated actions of scientists, practitioners, investigative authorities, and legislators. The article also introduces an algorithm that increases the effectiveness of forensic activities.