Legislative Attention Research Articles

Extricating Sexual Corruption from the Shadow of Anti-Corruption Law: The Imperative for a New Approach

Abstract Sexual corruption is a gendered crime, in which especially women and girls are coerced into providing sexual acts in exchange for access to public services or public opportunities. It has not received sufficient legislative attention, is often partially and inadequately criminalised through a patchwork of laws that ignore the different dimensions of the offence, and its impact on women and girls. This paper examines the legal framework against sexual corruption in South Africa and in several other countries, examining the approaches taken to criminalize sexual corruption and the challenges inherent in these approaches. The paper suggests a new way of defining sexual corruption and proposes a framework for addressing sexual corruption through a dedicated sexual corruption offence and victim-centred reporting infrastructure.

Data Access and Automated Decision-Making in European Financial Law

Abstract This article examines the regulatory landscape of financial data access within the European Union, emphasising the implications and effectiveness of recent legislative initiatives. It provides an in-depth analysis of the Financial Data Access Regulation (FIDA) proposal and its relationship with existing laws, focusing on the possibilities for data access and utilisation in the context of Open Finance. The discussion evaluates the regulatory framework for automated decision-making (ADM) in European financial law, highlighting its strengths and identifying areas for improvement. By exploring the intersections of tech resilience, financial regulation, and data protection, the article aims to clarify the practical implications of current and proposed rules, emphasising effective practices and areas needing further legislative attention.

DOMESTIC VIOLENCE PROTECTION ORDER APPLICATION GAPS AS A VIOLATION OF HUMAN RIGHTS

The article examines the main gaps of the implementation of the new version of the Law on Protection Against Domestic Violence, which entered into force in Lithuania on the 1st of July 2023, and its accompanying legislation. The topic analysed in the article is of great relevance today, because the number of criminal offences related to domestic violence in Lithuania is increasing. Domestic violence is defined as any form of physical, emotional, sexual or psychological abuse, it is a violation of human rights. The new version of the Law on Protection Against Domestic Violence introduced a new concept called the Domestic Violence Protection Order, which is a preventive protection measure designed to protect a victim of domestic violence, and which obliges abuser to move temporarily from the place of residence. This is an important step towards creating a secured society, however, there is a lack of information addressed to the problems of the implementation of Domestic Violence Protection Order in Lithuania in the context of the protection of human rights. It is therefore reasonable to investigate what problems are faced by police officers when issuing a domestic violence order and by the courts when dealing with complaints about compliance with the terms of the order issued. Thus, the object of the investigation is the Domestic Violence Protection Order. The aim of the article is to investigate the Domestic Violence Protection Order application gaps as a violation of human rights. The Objectives of the study are 1) To explore the concept of domestic violence and its legal regulation; 2) To carry out a case study of Lithuanian court practice of the Domestic Violence Protection Order application problems. The methods used for the investigation: analysis of literature and legislation and a case study of a court decision. To fulfil the purpose of the research, a specific case of court practice was analysed. In this case even several violations committed by police officers when issuing a domestic violence order for a person and checking the person's compliance with the terms of the domestic violence order were recorded and analysed in the court decision. It was found that despite police officers play an important role in ensuring the safety of the public, in some cases they decide without analysing and investigating the factual circumstances, without giving reasons and legal arguments. This creates several problems in terms of human rights protection. Thus, police officers in some cases violate the rights of the violent person and this highlights the problems faced by police officers when issuing a Domestic Violence Protection Order and by the courts when dealing with complaints about compliance with the terms of the order issued. A special attention of Lithuanian legislators should be given to these gaps of Domestic Violence Protection Order application as they can lead to the violation of human rights.

Звільнення від кримінальної відповідальності за кримінальним процесуальним правом

This research article discusses problem of crime in contemporary Ukrainian society and ways to address it through the application of alternative responses to criminal offenses, particularly exemption from criminal liability, are considered. The mechanisms and practical aspects of applying this institution in Ukrainian criminal procedural law are analyzed. This article pays special attention to the role of various subjects of the criminal process, such as the court, the prosecutor, the victim and the suspect, in making a decision on exemption from criminal liability. Contemporary trends in improving legislation and the practice of applying alternative forms of response to crime are highlighted, aiming to ensure a more effective and humane judiciary and legal system. In today’s Ukrainian society, the problem of crime remains one of the most pressing and acute. Despite constant changes in society, development of the legal system and improvement of criminal procedure, crime continues to accompany the existence and development of humanity. Crime is one of the most pressing problems for every individual and for modern society as a whole. The problem of effective prevention of this phenomenon is the subject of constant attention of legislators and social and political activities, which requires constant improvement and coordination. Criminal liability is one of the tools to combat crime. However, in connection with the humanization and reform of the legal system, the issue of alternative forms of response to criminal offenses, in particular, exemption from criminal liability, is relevant. Thus, there is a need to study the mechanisms and practical aspects of application of this institution in Ukrainian criminal procedure law.

Green Belt Legislation Regulation: Comparative Legal Research

Recently, legislative acts on the protection of the green belt have been increasingly adopted in various states. Using the legislation examples of the United Kingdom, the Canadian province of Ontario, and Russia, we have identified public relations that can be the subject of regulation of such legislation. Based on the analysis of typical legal conflicts, the problem areas which need the most attention of the legislator have been identified. The methods of differentiation of the legal regime for various areas within the green belt are investigated, taking into account their geographical features and specific management goals. The most promising areas for legal regulation that require the increased attention of legislators speak to the establishment of the procedures and criteria for excluding land plots from the green belt, the regulation of village development processes within the green belt, the establishment of a comprehensive list of agricultural types of permitted use, and the establishment of the procedure for the development of specialized plans or strategies for the use and protection of the green belt. The article offers solutions to these issues. The methodology of comparative law, including the functional method, was used in the study.

Violation of the procedure established by law for transplantation of human anatomical materials: concepts and types

The article addresses the pressing issue of ensuring legality in the field of transplantation. The current state of healthcare in Ukraine, the need for high-quality medical services, and the necessity of adapting national legislation to international standards prompt a thorough analysis and improvement of the legal regulation of the transplantation of anatomical materials. The main focus of the article is on identifying violations of legislation in the field of transplantation, analyzing their types, and consequences. Various aspects of offenses are examined, including illegal organ trade, violations of the donor consent procedure, and non-compliance with medical ethics and safety standards during transplantation operations. The peculiarities of violations committed by both medical professionals and other related workers in the transplantation of human anatomical materials are revealed. The authors explore the international experience of transplantation regulation and highlight key points that require attention in Ukrainian legislation. The provisions of the Brussels Declaration on the Laws and Customs of War, the Geneva Conventions, and other international documents establishing norms and principles in this field are analyzed. Violations of these norms can have serious consequences for patients’ health and the reputation of medical institutions. The article emphasizes the need to strengthen state control over compliance with legislation in the field of transplantation, improve legal mechanisms of accountability for violations, and create conditions for the effective functioning of the transplantation system in Ukraine. Specifically, the author proposes an original definition of violations of the established order of transplantation of human anatomical materials and provides a classification of violations by areas and forms of activity at each stage of this process. The study aims to form theoretical and practical foundations for ensuring the legality and ethics of the transplantation of anatomical materials in Ukraine, which is an important step in the development of the medical field and the protection of patients’ rights.

The impossibility of providing an employee with a job as a new special ground for terminating an employment contract at the initiative of the employer: regarding the expediency of assigning it to the special grounds for dismissal

The introduction of martial law had a significant impact on all spheres of Ukrainian society. There was an urgent need to make changes to laws and other normative legal acts that establish the basic rights and freedoms of citizens and regulate the most important spheres of social relations. The attention of legislators also affected labor legislation, because in the conditions of martial law it became extremely important to ensure a balance between the needs of the state, the interests of employers and guarantees to employees. The study is devoted to the amendment of the Labor Code of Ukraine, namely, Article 41 of the said Code establishes a new additional ground for terminating an employment contract at the initiative of the employer with certain categories of employees under certain conditions - the impossibility of providing the employee with the work specified in the employment contract due to with the destruction (absence) of production, organizational and technical conditions, means of production or property of the employer as a result of hostilities. During the analysis of the new basis, the guarantees provided to employees upon such dismissal, the possibility of its application to officials, as clearly defined by law categories of employees of legal entities, state bodies, and local self-government bodies, were considered. Since the Labor Code of Ukraine was amended specifically to Article 41, which defines additional grounds for terminating an employment contract at the initiative of the employer with certain categories of employees under certain conditions, the interpretation of the terms «general» and «additional» was considered and attention was focused on the rationality of the use of the term «special». It is also noted that the new ground for termination of the employment contract at the initiative of the employer is not an addition to the adjacent or other ground, it is the same basic one, which provides for a certain procedure for termination, providing employees with the guarantees provided for by law, and concerns certain categories of employees, in particular, officials. During the study of a new ground for terminating an employment contract at the initiative of the employer, the question of the expediency of its attribution to special grounds for dismissal is considered, and attention is focused on justified propriety and the inclusion of the specified grounds for dismissal among the general grounds for dismissal, which are provided for in Article 40 of the Labor Code of Ukraine.

The Plea of Lack of Jurisdiction of the Foreign Law in Disputes Involving Foreign Elements

Determining the applicable law in disputes involving a foreign element is one of the critical issues that typically has not yet received broad jurisprudential and legislative attention due to the nature of the issues regulating it. Basically, disputes related to international relationships are treated through rules called 'Attribution.' These rules typically serve as guidelines demonstrating which applicable law should be resorted to in the prevailing disputes. Locally, despite the efforts the Jordanian lawmakers made to regulate International' foreign' relationships, some of these regulations are inadequate, particularly in cases related to the adversaries' right to claim a lack of jurisdiction of the Foreign Law specified under the attribution rules. Since the subject of pleading this issue was not regulated by clear and explicit texts in Jordanian legislation, the deficiency, ambiguity, and shortcomings were the primary features of these rules, and given the importance of this issue, we present this research to elucidate and analysis the suitability of the rules concerned with regulating the plea of lack of jurisdiction of the foreign law and the legal effect of this plea.

Gender differences in homicides. A comparative analysis of 106 fatalities in forensic autopsy data.

While most homicides worldwide are committed against men, women and girls are disproportionately affected by domestic violence and its fatal consequences. The Istanbul Convention mandates the prevention of gender-based violence, particularly against women. This study analyzes the characteristics of male and female victims of homicides to provide a comprehensive understanding of the different situations and ways in which men and women are killed. Files of 106 forensic autopsies of homicide victims aged 14 years and older (51.9% males, 48.1% females) from 2012 to 2019 were reviewed. Demographic data, previous history with a focus on the perpetrator-victim relationship, substance influence, type of violence and law enforcement data were recorded. A gender-separated statistical analysis was carried out. Male victims were killed most often outside their own home (63.6%) by acquaintances or friends (54.5%). They were frequently under the influence of substances (56.4%). The perpetrators suffered from addictive diseases in 49.1%, and 52.7% had prior convictions. In both groups, stab/cut injuries were the most common causes of death, but stab/cut and gunshot injuries occurred more frequently in male victims. Female victims were killed most often in their own homes (76.5%) by intimate partners (62.7%). Compared to male victims, violent asphyxiation and blunt force trauma were more common causes of death. Furthermore, there was a higher frequency of multiple injuries (33.3%). The prevalence of a guilty verdict of the perpetrators was nearly equal in both groups. Gender-specific aspects should be considered when investigating homicides and establishing prevention and intervention strategies for interpersonal violence. Protective concepts are easier to establish in the public sphere than in private homes, which is why homicides against women require special attention in society, law enforcement, and legislation. Significant gender differences were found in the circumstances and the perpetrator-victim relationships of homicides. Gender-specific aspects should be taken into account when investigating homicides and developing prevention and intervention strategies. Homicides against women require special attention in society, law enforcement and legislation.

Estate Planning in the Digital Age: RUFADAA as a Lesson to be Learnt to Improve the Syrian Personal Status Law

For any country to effectively regulate new technology and keep up with technological advancements, serious legal measures must be taken to ensure that the law is up-to-date. Today's world is increasingly digitalized, with almost all actions taking place in the virtual world. Since then, our data has become digital and can be stored on multiple devices or networks. As a result of this digital transformation, the issue of digital inheritance emerged, which determines what happens to digital assets after a person dies. In Syria, as in many countries worldwide, the years of war and economic issues have driven the attention of legislators away from technological advancement, leaving a variety of legal gaps. Regarding digital inheritance, no specific law or even research has addressed the legal issues arising from digital inheritance and estate planning, adding an additional layer of ambiguity that requires in-depth legal analysis. Thus, this study will examine the viability of the Syrian inheritance law to address the legal issues raised by digital assets after death. The study follows doctrinal legal research, critically analysing legal provisions to improve the current state of the law. The result showed the absence of any clarification on the concept or legal approach to digital assets after death, limiting their provisions to tangible assets while ignoring the role and value of digital assets. Various suggestions have been proposed to fill in this legal gap. These measures must be taken to ensure that the law is up-to-date with the latest developments in technology.

The Devil in the Details: Changes Under Stable Trends of Femicide in Italy During COVID-19 Lockdowns

In recent decades, the issue of violence against women has increasingly drawn the attention of international and national legislators and policymakers. The term “femicide” became widespread in the early 2000s and was incorporated into the criminal codes of several countries. The onset of the COVID-19 pandemic and the subsequent social distancing measures raised significant concerns about their impact on women’s safety. This study examines the effect of COVID-19 confinement measures on femicide trends in Italy, a country which adopted stringent COVID-19 confinement measures and, since 2019, implemented new legislation to counteract violence against women. Using two data sets—one from the Italian Ministry of Interior containing 1,382 cases of female homicides (2013–2022) and another from Italian NGOs detailing 1,253 femicides according to media coverage (2012–2022)—the study employs autoregressive integrated moving average (ARIMA) analysis to assess monthly trends alongside the stringency index for COVID-19 containment efforts. The findings reveal that, although overall femicide rates remained stable during lockdowns, there was a significant shift in victim–perpetrator relationships. Specifically, from March to May 2020, there was a decline in femicides by former partners, offset by an increase in those by cohabiting partners. These results underscore the complexity of femicide and the need for further research on various facets of violence against women. This includes the potential escalation of physical and psychological violence during lockdowns, influenced by forced proximity and substance abuse in domestic environments.

Regulation of Treasury Shares in Kuwaiti Law: A Comparative Study

Treasury shares have a significant role in companies and capital markets’ regulations. As a result, it gained the attention of legislators and legal scholars. This paper examines the regulatory rules regarding treasury shares in Kuwaiti law, its philosophy, and practicality. The paper adopts a comparative, analytical approach addressing the historical evolution of treasury shares and comparing related regulations and legal provisions in many jurisdictions. With comparative law at hand, this paper aims to thoroughly examine the concept of treasure shares and their legal nature, their characteristics, buy-back procedures, treasury shares’ relation with the company’s capital structure, and ultimately, the uses of treasury shares. By analyzing Law No. 7 of 2010 Regarding the Establishment of the Capital Markets Authority and Regulating Securities Activities and Law No. 1 of 2016 Regarding Companies Law and by incorporating comparative law such as Swiss, German, Swedish, Danish and other laws, this study demonstrates different matters related to treasury shares that are not yet regulated in Kuwait. The research assesses the legal provisions governing treasury shares, addressing matters such as shareholder rights, voting power, and market manipulation concerns. It argues for regulatory reform to further enhance the provisions governing treasury shares. As a result of the analysis given, recommendations are provided to enhance the regulatory framework in Kuwait.

Difficulties in assessing the medical fitness of workers with mood disorders : A study of 101 cases

IntroductionAssessing the medical fitness of workers with mood disorders remains a topical issue, because of its organizational, socioeconomic and professional impact.ObjectivesTo assess the medical and occupational characteristics of workers with mood disorders.To evaluate the impact of these psychiatric disorders on the medical decision of fitness for work.MethodsDescriptive and retrospective study, over six years (January 1, 2018 to August 30, 2023) including all medical records of workers with mood disorders (bipolar disorder, anxiety disorder, and depression), referred to the occupational department of the Charles-Nicolle Hospital in Tunis for a medical fitness for work.ResultsThe study included 101 patients, mostly female (sex ratio = 0.4), with a mean age of 43.3 ± 9.2 years. The most represented sector of activity was health care. The participants were mainly nurses (25%), followed by technicians (22%) and workers (21%). The mean job seniority was 16.5 ± 9.3 years. A pathological history was found in 74.3% of cases, of which 47.5% were psychiatric disorders. Mood disorders identified in our population were: bipolar disorder (53.5%), anxiety disorder (43.5%), and depression (3%). After medical examination and the decision of treating physician, 39% of the patients (N=39) were declared fit for work, and 31.4% (N=32) were fit with ergonomic adjustments. These accomodations consisted mainly of night shift exemptions in 75% of cases. Temporary unfitness was declared in 24 patients (23.6%). Job mutation was recommended for four patients. Early retirement due to invalidity was proposed for two patients.ConclusionsThe decision on the medical fitness of workers with psychiatric disorders remains a delicate issue that requires the attention of both legislators and occupational health practitioners.Disclosure of InterestNone Declared

Examining Identity Construction Through a Critical Discourse Analysis of the Stop Asian Hate Corpus

This paper examines the discourse of resistance to discrimination faced by Asians, analyzing a corpus of 14,867 words across ten resistance discourses. Drawing on the theoretical frameworks of 'Ideological Structures of Discourse' and 'The DiscourseCognitionSociety Triangle', the study employs both qualitative and quantitative research methods. It focuses on eight ideological structures within these discourses, utilizing linguistic analysis tools like Word List, Keyword List, and Collocates from Sketch Engine. The analysis reveals frequent use of pronouns such as we, they, American, Asian, and against, highlighting a division between WE (Asians) and THEY (racists). This division emphasizes the negative portrayal of racists and the contrasting positive qualities of the Asian community, while also acknowledging the vulnerability of Asians. Activities and personal experiences dominate the ideological constructs, presenting specific practices and relatable experiences, making these narratives convincing and effective. The discourse is characterized by its focus on the vulnerability of Asians to violence and threats, drawing public and legislative attention to their safety and security needs. This study underscores the importance of resistance discourse in promoting awareness, solidarity, and cohesion among Asian communities against discrimination and injustice.

What Explains Interest Group Prominence in Parliamentary Speech? Policy Agenda, Partisanship, or Conflict Expansion

Gaining the attention of legislators in a crowded advocacy landscape is a key dilemma for organized interests. Yet, there has not been a great deal of direct analysis of whether groups are indeed recognized as important by politicians in the context of them advancing political arguments. In this article, we examine under what conditions interest groups achieve prominence among political elites. Drawing on a supervised machine learning approach to code prominence from legislative speech, we exploit variations in levels of prominence for the entire Australian interest groups system. We find that prominence is highly concentrated and that it covaries with the need to align with prevailing policy agendas and the logic of conflict expansion. Conversely, we do not find evidence of a strong partisan or ideological dimension of prominence. This contributes to our understanding of the responsiveness and representativeness of democratic political systems in which the interest group sector is expected to funnel public preferences into policymaking.

Attitudes Towards Turtle Conservation: An Island Wide Study in Sri Lanka


 
 
 Sri Lanka is visited by the five of the seven living sea turtle species recorded in the world. Sea turtle populations are declining, as is their ability to perform critical services in ocean ecosystems. Some of the obvious risks faced by marine turtles in Sri Lanka include incidental bycatch, illegal egg poaching, habitat change, destruction, and natural causes such as predation and erosion. Attitudes towards conservation of turtles and underlying motives for such attitudes is a lesser researched subject in the country. The present study therefore aims at assessing the attitudes of Sri Lankans towards conservation of sea turtles. A household survey was conducted using a pre-tested questionnaire adopting simple random sampling among 1084 households across the twenty-five districts of Sri Lanka through telephone and in-person interview from December 2021 to May 2022. The socioeconomic data of respondents, membership in a wild life or environmental organizations, recreational experience of turtles were also collected. A set of statements on sea turtles were presented for which the respondents indicated their preferences. Their willingness to contribute towards conservation was also recorded. The results of the study indicate that individuals from twenty-five districts had already been exposed to a wealth of knowledge regarding marine turtles and were well-informed. There were 603 individuals from coastal districts while 481 were from non-coastal districts. The average age was 45 years while number of respondents who had a membership of any environmental related wildlife organization was 164. Seventy four percent of the sample had seen live marine turtles; 37.6% of them had seen marine turtles in zoological gardens. Majority of respondents strongly agreed that (84% on average) sea turtles are worth protecting. Forty one percent of respondents agreed that it is everyone‘s duty to ensure the existence of plants and animals for future generations, showing that respondents had bequest motive for marine turtle conservation. Majority (63.3%) of respondents strongly agreed that sea turtles have the right to exist in the environment, showing that there is a strong existence motive for the conservation of sea turtles. The study emphasize the need to better utilize the strong motives of people for sea turtle conservation efforts in Sri Lanka that requires attention of legislators and decision-makers.
 Keywords: Sea turtle, Attitudes, Conservation, Motives
 
 

Impact of Filling Stations: Assessing the Risks and Consequences of the Release of Hazardous Substances

In today’s world, where environmental protection and sustainability are increasingly important, it is essential to pay attention to the environmental impact of different industries. One of these industries with a potentially significant impact on life, human health, the environment, and property is gas stations, which are essential links in the fuel supply chain. This article focuses on the topic of assessing the impact of gas stations on surrounding environments and will examine the potential negative impacts that these operations can have on society and the environment. The aim of the paper is to analyze how gas stations affect their surroundings in the event of an incident involving a spill of hazardous substances. The scope of the paper is to assess the impacts of a spill of hazardous substances from a gas station, with an emphasis on assessing the risks and consequences on the life and health of the people in the immediate vicinity of the gas station. The selected gas station’s location in the High Tatras National Park enhances the study’s significance due to the unique environmental context, heightened environmental sensitivity, and potential legislative implications. ALOHA software version 5.4.7 was chosen for simulating the release of hazardous substance due to its extensive substance database, mathematical models, support for various release sources, internet availability, and graphical result representation. This manuscript argues for risk assessment beyond current legislation, addressing unclassified sources of risk. This research contributes by utilizing predictive modeling, recognizing environmental contexts, and emphasizing legislative attention. It discusses the consequences of emergency scenarios involving gasoline and LPG, addresses potential limitations and uncertainties, and advocates for accident prevention and risk assessment, especially in environmentally sensitive areas. The conclusion suggests improvements in predictive modeling, legislative adaptation, collaboration, and an expanded scope of analysis for future research. The aim of the paper is also to discuss measures that can be taken to minimize these impacts and ensure sustainable and safe operation. Assessing the risks arising from the operation of gas stations contributes to the development of measures to protect and preserve our environment for future generations.

Peculiarities of the objective side of the failure of the declarant to submit a declaration of a person authorized to perform the functions of the state or local self-government

Peculiarities of the objective side of the failure of the declarant to submit a declaration of a person authorized to perform the functions of the state or local self-government

Legal support of the use of Industry 4.0 technologies in the field of natural resource management and environmental protection

Legal support of the use of Industry 4.0 technologies in the field of natural resource management and environmental protection

Policy agenda trade‐offs for sustainability: The compositional change of attention about energy in legislative hearings

AbstractThe evaluation of relative changes in policy agenda composition using dynamic compositional models can offer a useful way to lead future studies of policy agenda trade‐offs for sustainability. As a specific empirical case, this study examines changes in the annual composition of legislative attention in the United States congressional hearings on energy as a substantive issue domain. Using the description texts of hearings, this article assesses the compositional energy topic changes of conventional agendas, other general agendas, and unconventional agendas, including environmental and social agendas. By focusing on how economic contextual shocks, along with political factors, shape the energy agenda attention mix, this study discovers that conventional agendas related to energy topics in U.S. congressional hearings are relatively less likely to be discussed when economic conditions are adverse under Democratic legislature controls. It illustrates example conditions under which policy agenda subtopics for sustainability are more likely to be pursued at the expense of which subtopics.Related ArticlesHeidbreder, Brianne. 2012. “Agenda Setting in the States: How Politics and Policy Needs Shape Gubernatorial Agendas.” Politics & Policy 40(2): 296–319. https://doi.org/10.1111/j.1747‐1346.2012.00345.x.Morini, Marco, and Marco Cilento. 2020. “New Parties, Fractionalization, and the Increasing Duration of Government Formation Processes in the EU Member States.” Politics & Policy 48(6): 1202–32. https://doi.org/10.1111/polp.12381.Steger, Wayne P. 2008. “The President's Legislative Program: An Issue of Sincere versus Strategic Behavior.” Politics & Policy 33(2): 312–29. https://doi.org/10.1111/j.1747‐1346.2005.tb00645.x.