Administrative Regulations Research Articles

Administrative and Legal Regulation of Humanitarian Aid Under Martial Law

Since 2014, humanitarian aid has been one of the factors that has helped to ensure the livelihoods of the civilian population in eastern Ukraine (Donetsk and Luhansk oblasts). However, since the end of February 2022, humanitarian aid has become an important element of support for the population of Ukraine, as many citizens have found themselves in an extremely vulnerable economic, social and psychological situation under martial law. Since the beginning of the full-scale invasion of Ukraine by the Russian Federation, the problem of providing humanitarian aid, charitable donations and free assistance to military personnel and civilians, primarily internally displaced persons, has become urgent. Both Ukrainians and the international community, volunteers, NGOs and charitable foundations have united to help Ukraine. Responding to the challenges, the state began to rapidly restructure and diversify the existing system of providing humanitarian aid, charitable donations and free assistance to ensure that they are promptly delivered to those in need. The public became more active and joined forces in providing assistance to both internally displaced persons and military units, which led to the creation of a significant number of charitable organizations and intensified volunteerism. At the same time, cases of criminal offenses in the use of humanitarian aid and charitable donations, including fraud, misuse of aid, embezzlement, etc. have become more frequent.

Conceptual approaches to the development and establishment of the bankruptcy institute in Ukraine

The article is devoted to a comprehensive assessment of the formation and development of the bankruptcy institute in Ukraine, including the formation of institutions that implement the state bankruptcy policy, the shortcomings and advantages of the functioning of each of them, the main functions of the Ministry of Justice of Ukraine in the implementation of the state bankruptcy policy are defined. The periodization of the formation and development of the administrative and legal regulation of the bankruptcy institute in Ukraine is proposed. In the course of the study, questions related to the main factors, which, in our opinion, had the greatest impact on the development of the bankruptcy institute in Ukraine and on its modernization and transformation were highlighted. In our opinion, the factors influencing the development of the bankruptcy institute in Ukraine are the creation of state institutions, implementation and change of normative legal acts in the bankruptcy procedure. In our opinion, the administrative-legal mechanism for regulating relations that arise in the bankruptcy procedure is a dynamic process and is in constant development and is able to adapt to the changes that occur in the bankruptcy procedure. The leading place in the regulation of the bankruptcy procedure is assigned to the Ministry of Justice of Ukraine. It is appropriate to note that the Ministry of Justice of Ukraine, in the implementation of the state policy on bankruptcy, is endowed with control and supervision, regulatory and informational and analytical functions. In our opinion, it is necessary to determine the spheres of relations in which the functions of the Ministry of Justice of Ukraine are implemented. At the very end, it is worth summarizing that effective administrative and legal regulation is possible only if the ratio of the goal of legal regulation and the actual result of legal regulation is achieved. One of the effective ways to achieve the ratio of the goal of legal regulation and the actual result of legal regulation is to establish cooperation between the structural divisions of the inter-territorial offices of the Ministry of Justice of Ukraine and the Department for Bankruptcy Procedures, by creating round tables with representatives of inter-regional offices (persons who are specifically engaged in auditing the activities of arbitration administrators) , in order to discuss controversial issues that arise in the process of conducting inspections (other control measures), in order to eliminate gaps in the legislation, identified in real situations, when the arbitration managers exercise the relevant powers; with subsequent official publication of clarifications and recommendations, in the form of information sheets, by the Department.

How does digital technology administrative penalty affect big data technology innovation: evidence from China

Administrative regulation is an essential institutional arrangement for governing innovation in big data technology. Administrative penalties are one of its main methods. It is worth investigating whether administrative penalties can serve as an institutional safeguard to promote technological innovation. This study collects data on digital technology administrative penalty (DTAP) and big data technology innovation (BDTI) from 2008 to 2020 in 281 cities in China and empirically evaluates the impact and mechanism of DTAP on BDTI. The findings suggest that the normative impact of the DTAP system can foster a conducive business ecosystem for big data innovation. The incentive mechanism motivates firms to increase their long-term investment in technological innovation, while the deterrence mechanism ensures the existence of a regulated competitive market. These mechanisms play a crucial role in facilitating BDTI. Mechanism tests show that the DTAP has the potential to promote novel business models in the digital economy and accelerate progress in industrial digitalisation, which in turn promotes innovation in big data technologies. The impact of the DTAP on promoting BDTI is diverse, with a significantly greater impact in the first-tier cities. DTAP plays a more important role in fostering BDTI in places where the digital factor-driven industry is still in its early stages of development.

Administrative and Legal Regulation of the Development and Use of Artificial Intelligence

The paper examines the difference between the terms “digital economy” and “digitalization of the economy”. Having conducted research, the Author comes to the conclusion that the term “digital economy” cannot be used to denote technologies being used in global economies. Digitalization of the economy is currently underway all over the world. The era of digital economy has not come yet because mankind has not seen a new technological leap as a part of evolution to result in creating artificial intelligence. The introduction of artificial intelligence technology into the economy, which will have been digitalized by then, will lead to a single digital economy in the meaning the term “digital economy” implies. The Author thinks that without integration of these two phenomena, the use of the term “digital economy” is erroneous. Having studied the historical prerequisites for the emergence of the phenomenon of “digitalization of the economy”, the Author comes to the conclusion that the only country in the world that was on the verge of building a state based on digitalization technologies was the USSR. That took place 40 years before the term “digital economy” appeared. The paper goes on to say about the legal regulation of creating artificial intelligence in countries such as the United States of America, England, Germany, France, Italy, Poland, Israel, India, China, South Korea and the Russian Federation. The paper draws the examples of legislation of various countries that regulate the legal status of artificial intelligence, as well as their various approaches to the development of artificial intelligence. Moreover, the study highlights the problems of a non-legal nature that lawyers and users will face when they use artificial intelligence technology. Artificial intelligence is viewed in the context of business security. The Author is certain that administrative and legal institutions have to regulate this area of activity.

The green effects of competition: administrative monopoly regulation and green innovation

In this study, we select A-share listed companies spanning from 2012 to 2022 as our sample. We utilize fair competition review system as a quasi-natural experiment to investigate the relationship between administrative monopoly regulation and green innovation. The results show that the administrative monopoly regulation is positively correlated with green innovation. The executives' environmental attention is the mechanism for both. Further analysis indicates that the promotional effect of administrative monopoly regulation on green innovation is more significant in firms that have been subjected to highly negative media coverage, firms located in regions with strong government environmental attention, heavily polluting firms, and state-owned firms. Our findings suggest that adequate market competition served as a significant stimulus for green innovation.

ON THE ISSUE OF THE ESSENCE OF ADMINISTRATIVE AND LEGAL REGULATION OF CITIZENS' PARTICIPATION IN THE PROTECTION OF PUBLIC ORDER

The protection of public order is one of the most important functions of the state, with proper implementation of which the normal progressive development of society is possible. The participation of citizens in the protection of public order is often unreasonably overlooked by scientific research, since attention is paid only to the activities of law enforcement agencies in this area. We believe that the potential of citizens' participation in the protection of public order is underestimated and needs additional scientific analysis and improvement of regulatory regulation of such activities. The article examines the essence of the concept of administrative and legal regulation of citizens' participation in the protection of public order by studying its content as a set of legal categories "participation of citizens in the protection of public order" and "mechanism of administrative and legal regulation". The analysis made it possible to formulate the author's definitions of the concepts "participation of citizens in the protection of public order" and "administrative and legal regulation of citizens' participation in the protection of public order".

How effective is equality regulation in reducing gender gaps in the labor market?☆

The gender gap in both employment and labour participation has narrowed markedly in recent decades in Spain. However, this decline seems to have slowed and shows a certain persistence. The solution to this problem can respond to different regulatory or non-regulatory policies. This article studies the evolution of the regulatory framework for the formulation of possible policy recommendations. We identify and quantify for the first time when, at what rate and in what regions, Spanish administrations have adopted regulations aimed at combating discrimination against women, achieving gender equality or approved measures related to the work-life balance. The study is based on a text analysis of 297,402 regulations adopted in the period 1996–2022. The indicators reveal the high degree of heterogeneity in terms of the legislation. Non-discrimination legislation was the most developed and frequent, with 11,228 regional regulations and 2590 central administration regulations adopted. We show that the volume of new regulations, mainly those related to discrimination and work-life balance, has contributed to the reduction in gender gaps. Policy actions by administrations should concentrate on these two modes of intervention. The general analysis of regulation in this area also allows for some recommendations in terms of “better regulation” policies, such as the introduction of gender equality assessments (specific regulatory impact reports).

Development of service technological services for rural producers in modern economic conditions

The priority strategic direction of technical service in the agro-industrial complex remains to ensure and maintain the machine and tractor fleet in working condition by increasing the resource of repaired equipment based on the use of modern repair technologies, maximum use of used complex agricultural machinery, modernization of machines in operation, and others . In this regard, it is interesting to consider the functioning of agricultural production nd national and supranational markets food products in the West, where they are mainly included in the system of state regulation, subsidies and foreign trade restrictions. The protection of the domestic market and the equalization of production conditions are inevitable components of the economic policy of each State, and the agricultural sector is almost an obligatory zone of a relatively high level of protection. These protective measures, in addition to import tariffs, include compensatory fees, excise taxes, various kinds of taxes and non-tax restrictions in the form of quotas, administrative regulation.

Strategic Management of the Integrity Zone in Realizing Public Services at the Regident Unit of the Bulukumba Police Traffic Unit

Open administrations organized by the government incorporate community administrations and regulatory administrations. Within the period of globalization, with conditions of strongly competition and full of challenges, government officials are required to supply the most excellent conceivable benefit to the community and audit wants of the community. Based on the Control of the Serve of State Device Strengthening and Bureaucratic Change Number 52 of 2014 concerning Rules for the Advancement of Astuteness Zones Towards a Corruption-Free Region and a Clean and Serving Bureaucratic Region inside government organizations. At that point the Activity Unit Activity Unit Keenness Agreement was marked, taken after by the at that point Kbo, the Regident Head, the Dikyasa Head and all Activity Individuals, driven specifically by the Bulukumba Police Activity Head. This sort of investigate is subjective with a graphic approach. The sources in this think about were six (7) individuals comprising of NCO Unit SIM, NCO Unit BPKB, NCO Unit STNK, NCO for files and archives and the community. The comes about of investigate related to Key Administration of the Judgment Zone at the Regident Unit of the Bulukumba Police Activity Unit utilize three markers, to be specific: to begin with, the detailing of a methodology where in executing the astuteness zone there are a few lines that are reinforced by the device beginning from expanding human asset capacity, setting designs and benefit benchmarks and moving forward offices. and foundation. Moment, the execution of a procedure where each service officer gives data transparently to the open with respect to the vehicle organization benefit component and the usage of benefit advancements employing a mechanical approach. Third, procedure assessment centers on looking at the community fulfillment list in getting administrations so that it gets to be a inspiration for the device and input on perspectives that must be moved forward in carrying out vehicle organization administrations.

Education as an object of administrative and legal regulation

Education as an object of administrative and legal regulation

Legal support for the implementation of administrative and legal regulation of cement production and circulation in Ukraine

The paper analyses the legal framework of Ukraine regulating the production and circulation of cement, with a focus on environmental safety requirements, standardisation, certification and harmonisation with international norms. The paper identifies the main problems that exist in this area and suggests ways to solve them in order to improve product quality and ensure its safety for the environment and human health. The authors review in detail the current legislation, including the Law of Ukraine «On Environmental Protection», «On Public Procurement», «On Technical Regulations and Conformity Assessment», as well as a number of technical standards and EU regulations relating to the production and use of cement. The authors provide a systematic review of the existing legislation, analyse its effectiveness and relevance in the context of modern requirements and trends in the construction industry and environmental safety. Particular attention is paid to the analysis of Ukraine’s obligations to the European Union under the Association Agreement, which provides for the harmonisation of national legislation with European standards. The paper uses the methods of analysis of regulatory legal acts, comparative analysis, and documentary analysis to identify potential areas for improving the legal regulation of cement production and circulation in Ukraine. The paper also includes an analysis of the shortcomings of the existing regulatory system, in particular in terms of environmental safety and quality control, and offers specific recommendations for their elimination. The paper points to the need to strengthen the role of state control and supervision, develop institutional support for innovation and introduce modern technologies in cement production. The paper aims to contribute to the formation of an effective legal framework that will ensure sustainable production and use of cement in Ukraine, taking into account modern environmental safety requirements and international standards, which will contribute to the development of a safe, environmentally sustainable and competitive construction market. The paper contains conclusions and recommendations aimed at strengthening the legal and regulatory framework to ensure sustainable development of the industry, increase the competitiveness of domestic cement in the international market, and protect the environment and public health.

Literature Review of Practice Evaluation of Good Drug Distribution Methods at Public and Private Sector Pharmaceutical Distribution Facilities in Indonesia

To ensure that the quality of pharmaceutical products is maintained throughout the distribution chain, it is necessary to implement Good Distribution Practices at distribution facilities that distribute pharmaceutical products. This literature review explores the evaluation of Good Drug Distribution (GDP) or CDOB guideline practices in pharmaceutical product distribution facilities engaged in the public and private sectors in Indonesia. The literature review method used the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) protocol. Articles were searched using the Google Scholar database and restricted to those related to GDP published from 2018 to 2022. The literature was reviewed using questions to assess studies organized by Population, Exposure, and Outcome (PEO) criteria. Articles obtained were then identified, screened, eligibility, then selected based on inclusion and exclusion criteria resulting in 19 pieces that will be extracted data. Of the 19 articles, the study was conducted in several pharmaceutical distribution facilities such as the Health Office, Puskesmas, Hospitals, Pharmacies, and Pharmaceutical Wholesalers spread across Indonesia. All articles used descriptive methods to show the conformity of implementing Good Distribution Practices guidelines. Some studies still do not use the latest regulation, namely the Food and Drug Administration Regulation Number 6 of 2020 concerning Amendments to BPOM Regulation Number 9 of 2019 concerning Technical Guidelines for Good Distribution Methods. The suggestions that can be made include the need for studies related to the evaluation of Good Distribution Practices of pharmaceutical distribution facilities in the public or government sector and studies on distribution facilities in Eastern Indonesia

Riau Province’s land and forest governance: The tendency of budget information transparency among Riau’s 12 regencies

Information transparency is a basic principle of good governance that few studies in the literature have thoroughly examined. Riau Province in particular has a high record of land and forest conflicts that needs urgent response, yet environmental policies have mostly been scrutinized for its resource extraction and regulation aspects, not their aspect of information transparency. Low proactive disclosure of information from local governments is a recurring issue in Riau Province, so FITRA Riau initiated the Public Information Openness Index (IKIP) to cover the Riau Province and 12 regencies/cities. To address this research gap of governmental public bodies’ information transparency, this study conducted the novel substantive approach critical review to see the extent of local government’s transparency regarding their budgeting for one of Riau’s most prevalent issues, namely land and forest governance (TKHL). From March to September 2019, this study used a triangulation of data collected from information access tests, IKIP evaluation, and focus group discussion involving the Riau Information Commission, the Information Management and Documentation Officers (PPID) of the 12 regencies, and the Governor of Riau Province. After analyzing the four aspects of regulation, institution, budget, and TKHL information, results determined that the most open region in Riau Province is Indragiri Hulu, and the least open region is Kuantan Singingi. Information transparency is still limited in procedural terms, in which all regions have more or less fulfilled the administrative regulation demands but the substance of the public information across all aspects is too generic to truly inform the public of the regions’ TKHL.

Aligning United States Law with International Norms Would Remove Major Barriers to Protection in Gender Claims

Abstract The protection of women and girls fleeing gender-based harms has been controversial in the United States (US), with advances followed by setbacks. The US interpretation of particular social group and its nexus analysis, both of which diverge from guidance by the United Nations High Commissioner for Refugees (UNHCR), is the most significant barrier to protection. It has become almost impossible for women and girls to rely upon the particular social group ground because of current requirements that social groups not only be defined by immutable or fundamental characteristics, but also be socially distinct and have particularity. Establishing nexus is also a significant obstacle, with the US requirement of proof of the persecutor’s intent. In the first month of his administration, President Biden issued an executive order on migration, which raised hopes that these obstacles to protection would be removed. The order committed to protecting survivors of domestic violence and to issuing regulations that would make the US interpretation of particular social group consistent with international standards. The target date for the regulations was November 2021, but they have yet to issue. This article examines how the evolution of the US interpretation of particular social group and nexus has diverged from UNHCR recommendations. It shows how protection has been denied in gender cases involving the most egregious of harms. The article concludes by providing recommendations for realignment with international standards, which set a benchmark for evaluating the promised Biden administration regulations on the issue.

Проблемы административно-правового обеспечения перехода к циркулярной экономической модели агропромышленного комплекса на примере реализации федерального проекта «Экономика замкнутого цикла»

The article considers problematic issues related to the mechanism of administrative and legal regulation of Russia’s transition to a cyclical economy, especially in the field of agro-industrial complex, which are an urgent problem in modern legislation. Federal projects and national strategies that are being developed and implemented require understanding, analysis, and systematization of data for possible adjustments. Solving these issues will be useful for law enforcement activities. The authors explore issues related to the administrative and legal regime of Russia’s transition from a linear economy to a closed-loop economy, analyzes the control points of the federal project “Closed-loop Economy” in relation to the implementation of the principles of a cyclical economy in the agro-industrial complex.

Особенности административно-правового статуса граждан Российской Федерации

The article considers the main provisions of the administrative and legal status of citizens of the Russian Federation, exactly the rights, obligations and guarantees of Russian citizens in the field of administrative and legal regulation. Current data of the participation of the citizens in political life and measures of state coercion when somebody violate the legislation during the process of the implementation of the rights were analyzed.

Систематизация обязательных требований: современное состояние и пути совершенствования

The article raises a discussion about the design of the list of mandatory requirements using the example of administrative and legal regulation of the production and circulation of alcoholic products. The presented work hypothesizes that the existing approach to systematizing lists of mandatory requirements requires improvement, due to the impossibility of accurately determining which mandatory requirements will be subject to control, and also discusses the problem of imperfect design of the register of mandatory requirements from a business point of view.

Сравнение действующего КоАП РФ с проектом нового КоАП в сфере защиты интеллектуальных прав

The work is devoted to comparing the provisions of the current legislation regulating administrative offenses in the field of intellectual property with the proposed changes in the draft of the new Administrative Code. The purpose of the work is to identify differences, similarities and potential improvements in administrative regulations proposed by the legislator in the draft of the new Administrative Code. It is established that the legislator in the draft of the new Administrative Code seeks to group the norms related to the administrative protection of intellectual property rights, remove outdated terms, and add new subjects of legal relations. It is determined that the indexation of fines is an important mechanism that ensures the adequacy of punishment in accordance with the existing economic situation in Russia. According to the results of the study, the author concludes that the proposed changes in the draft Administrative Code are necessary, but do not fundamentally change the administrative responsibility for violation of intellectual rights, but simply correspond to the public needs of the present time.

Allocating municipal services to individuals with complex rehabilitation needs – a discourse analysis of individual administrative decision letters

BackgroundRehabilitation is considered paramount for enhancing quality of life and reducing healthcare costs. As a result of healthcare reforms, Norwegian municipalities have been given greater responsibility for allocating rehabilitation services following discharge from hospital. Individual decision letters serve as the basis for implementing services and they have been described as information labels on the services provided by the municipality. They play an important role in planning and implementing the services in collaboration with the individual applicants. Research indicates that the implementation of policies may lead to unintended consequences, as individuals receiving municipal services perceive them as fragmented. This perception is characterised by limited user involvement and a high focus on body functions. The aim of this study was to examine how municipal decision letters about service allocation incorporate the recommendations made in the official national guideline and reflect a holistic approach to rehabilitation, coordination and user involvement for individuals with comprehensive needs.MethodsThe decision letters of ten individuals with moderate to severe brain injury allocating rehabilitation services in two municipalities were examined. It was assessed whether the content was in accordance with the authorities’ recommendations, and a discourse analysis was conducted using four tools adapted from an established integrated approach.ResultsThe letters primarily contained standard texts concerning legal and administrative regulations. They were predominantly in line with the official guideline to municipal service allocation. From a rehabilitation perspective, the focus was mainly on medically oriented care, scarcely referring to psychosocial needs, activity, and participation. The intended user involvement seemed to vary between active and passive status, while the coordination of services was given limited attention.ConclusionsThe written decision letters did fulfil legal and administrative recommendations for service allocation. However, they did not fulfil their potential to serve as a means of conveying rehabilitation issues, such as specification of the allocated services, a holistic approach to health, coordination, or the involvement of users in decision processes. These elements must be incorporated throughout the allocation process if the policies are to be implemented as intended. Findings can have international relevance for discussions between clinicians and policy makers.

Implementation of the Principle of “Lex Specialis Derogate Legi Generalis” in Regulations on Administrative Measures of State Administrative Disputes (State Administrative Decision Case Study Number: 23/G/KI/2022/PTUN.SMG)

Application of adminitrative effort after the 2014 law no. 30 years of government administration is followed by regulatory administration The state enterprises governing administrative efforts make a concerted effort to implement the administrative effort itself. This research is meant to know Implementation of a administrative effort that should fit into the rule that Apply and apply principles Lex specialists derogate generalis In the verdict Number: 23/G/KI/2022/PTUN.SMG For pursuing this administrative effort. method The study is normative jurisdiction using the associated associated associated associated with law and literature approaches. The results of the study suggest that administrative efforts are being made to settle disputes between people directly between the body and the administration. The facts on the field judge have applied Lex specialist derogate legi generalis So in the verdict number: 23/G/KI/2022/PTUN.SMG The judge dismissed any charges filed.