Changes In Legal Status Research Articles

Administrative and legal status of military administrations as public administration entities

In the scientific article, the authors conducted a scientific study of the administrative and legal status of military administrations as subjects of public administration. The scientific article indicates the approaches to understanding the administrative and legal status of military administrations that have developed in the administrative and legal doctrine. According to the first approach, the military administration is identified with the relevant local executive body, on the basis of which it is created, however, its administrative and legal status changes, in particular, changes occur in the procedure for appointing the head of such an administration, the formation of its composition, in subordination, and there is also a significant expansion of the powers of such a state authority through the granting of its powers to ensure the measures of the legal regime of martial law. The second approach to understanding the administrative and legal status of the military administration involves considering it as a separate system of local public administration bodies alongside such systems as the system of local executive bodies and the system of local self-government bodies; military administrations have both specific powers to introduce measures of the legal regime of martial law, and the powers of those local bodies of public administration to replace which it is created - regional and district military administrations, as a rule, perform the duties of local state administrations, and military administrations of settlements - also the duties of local self-government bodies of the relevant territorial communities. The author team determines that the features of the administrative and legal status of military administrations are: the creation and liquidation of such bodies by the President of Ukraine upon the proposal of the relevant regional state administrations; the involvement of not only employees, but also persons undergoing military and law enforcement public service in their composition; financing depending on what powers are exercised - in accordance with the funds of the state and local budgets; duality in subordination - regarding the performance of functions of a defensive nature, subordination is carried out to the General Staff of the Armed Forces of Ukraine, on other issues - to the Cabinet of Ministers of Ukraine and the relevant higher-level military administration.

Confiscated property from illegality to common good: requirements for a necessary resignification

The property confiscated from organised crime is the outcome of a particular communing process. Italian law provides for a primary compensatory function, implemented in the final destination of their use for collective, institutional, or social purposes. Despite the critical management issues, which prolong the allocation process, the strong symbolic value is enriched by the significance of compensation for the mafia oppression that certain territories suffer. In addition, confiscated properties constitute a potential resource for the territory from an economic point of view, capable of supporting job opportunities and enhancing useful services and activities for the community involved. The resignification of confiscated property requires specific focus on the various phases of the interventions. It is not just a question of a mere change of legal status or intended use but of a profound reorganisation of the architectural, material, technological, environmental, and managerial characteristics. This is consequent and consistent with the interweaving of legal, social, cultural and environmental aspects triggered by confiscation.

What is new about Japan’s new migration policy? From recruitment of “nonlabor” workers to selection by neoliberal meritocracy

Abstract Japan experienced major reforms in its migration policy in 2018. This study aims to examine the novelty of the new migration policy by tracing the shift in the legal status of two “nonlabor” migrant workers: fourth-generation Japanese descendants (Nikkeijin) and technical interns. While fourth-generation young adults have been allowed to work in Japan since 2018, their rights are more restricted than those of third-generation Nikkeijin. Simultaneously, the government prepared a path for technical interns to upgrade their visas to specified skilled workers. The new migration policy is characterized by the convergence of the status of the two groups. Superficially, the reformed immigration program appears to signify a shift toward a more liberal immigration policy that allows previously excluded groups to settle in the country. A more important feature is the rise of the neoliberal meritocracy as a new principle of admission. Both groups have the potential to improve their legal status; however, long-term settlement is unattainable until they undergo rigorous selection. They are expected to overcome hurdles independently because the government is reluctant to provide commensurate support with higher demands for changes in legal status.

Cannabis, Cannabinoids, and Stroke: Increased Risk or Potential for Protection-A Narrative Review.

Worldwide, approximately 15 million people per year suffer from stroke. With about 5 million deaths, stroke is the second most common cause of death and a major cause of long-term disability. It is estimated that about 25% of people older than 85 years will develop stroke. Cannabis sativa and derived cannabinoids have been used for recreational and medical purposes for many centuries. However, due to the legal status in the past, research faced restrictions, and cannabis use was stigmatized for potential negative impacts on health. With the changes in legal status in many countries of the world, cannabis and cannabis-derived substances such as cannabinoids and terpenes have gained more interest in medical research. Several medical effects of cannabis have been scientifically proven, and potential risks identified. In the context of stroke, the role of cannabis is controversial. The negative impact of cannabis use on stroke has been reported through case reports and population-based studies. However, potential beneficial effects of specific cannabinoids are described in animal studies under certain conditions. In this narrative review, the existing body of evidence regarding the negative and positive impacts of cannabis use prior to stroke will be critically appraised.

Management of land development risks in the course of implementation of investment and construction projects

Development is used to optimize investment construction activities. It is a form of investment carried out in the real estate market, designed to increase the investment attractiveness of a real estate object through its physical transformation or/and change of legal status. Land development acts as a process for the development of a piece of land in order to increase its value, profit, solve social or other problems. That is, it is a process associated with the formation of the necessary habitat, as well as in order to increase not only the level of liquidity, but also the level of attractiveness. Land development is designed to identify the best way to effectively use a piece of land for the implementation of an investment construction project. The effective development of various territories located within the boundaries of urban settlements implies the rational use of land resources of local governments, it follows that the implementation of measures related to the regulation of land use, increasing its efficiency is the main task of the municipality in the life cycle of territorial development. If the land belongs to local self-government bodies where an investment and construction project is planned, then the formation of a city investment policy takes place in order to achieve the required social and budgetary efficiency.

Модель бізнесу ощадних банків Скандинавії

The segment of savings banks occupies a prominent place in the banking systems of European countries. Savings banks have survived systemic crises, institutional transformations, and consolidation, maintaining high depositor confidence thanks to a restrained appetite for risks. The relevance of researching the experience of savings banks in Scandinavia is due to a long history, a special type of corporate structure and business model in attracting and deploying resources. Although the activity of foreign savings banks in the modern market environment remains outside the attention of domestic researchers, in Ukraine household savings form the basis of the resource base of many banks, which requires a special approach of the regulator. According to the results of the study, it was found that savings banks achieve the effect of economies of scale due to the centralization of certain functions. At the same time, they are moving away from the historical business model, which is embodied in a change in legal status, an increasing focus on profit, the development of the corporate segment, digitization of operations, access to other local markets, conducting international operations, participation in the capital of foreign financial institutions, mergers and acquisitions, which lead to an increase in the scale of business. The emergence and development of savings banks in Scandinavia is a reaction to the growth of citizens\\\\\\\' well-being (as an offer of savings) and at the same time - a desire to improve it. The security of the banks\\\\\\\' business was certainly helped by a conservative attitude towards accepting credit risk. An important factor of trust in banks was and remains a low corruption risk in the Scandinavian countries. It was concluded that the creation of associations of savings banks and joint platforms deserves attention for use in Ukraine, as it ensures business efficiency even for small institutions.

OCCURRENCE OF FREEDOM OF WILL IN THE CONTEXT OF THE RIGHT TO LIFE

The article examines the moment of the emergence of free will in the context of the right to life. The author defines the notion and concept of freedom of will. The article examines the influence of the right to life on freedom of will. The author emphasises that free will and the right to life are fundamental concepts on which law is based. The work states that thanks to free will, people can make decisions and bear responsibility for them, exercise rights and create obligations. The scientist proves that free will arises at the moment of the emergence of the right to life. The article demonstrates that the right to life and free will arises only from the moment of birth. The author substantiates the thesis that the scope of free will changes throughout life. The research examines cases in which the amount of free will can increase due to intellectual development, change in a legal capacity and legal status. It is noted that the amount of freedom of the will may decrease in case of limited legal capacity, change in legal status or case of recognition of a person as incompetent.

An International and Multi-Ancestral Genome-Wide Association Study Meta-Analysis of Cannabis Use Disorders

Cannabis use is becoming more pervasive as access has increased due to changes in legal status of the drug worldwide. It is crucially important to understand genetic risk factors underlying cannabis use disorder (CUD) that may have an impact on public health in light of the changing legal status of cannabis and treatment needs.

Higher education capitalism in Indonesia as a social problem: A case study in the digital age

Since the Indonesian state entered the reform era in 1998, several state universities that were centers of scientific development had their legal status changed by the government to become State-Owned Legal Entity University. From a sociological perspective, changes in legal status are commonly understood as institutional changes, which include changes in the norms that refer to governance, changes in governance procedures, and changes in organizational structure and governance. Some of the State Universities that have changed their legal status (institutions) are the Universitas Indonesia (UI), Universitas Gadjah Mada (UGM), Institut Pertanian Bogor (IPB), Institut Teknologi Bandung (ITB), Universitas Sumatera Utara (USU), Universitas Pendididikan Indonesia (UPI), and Universitas Airlangga (UNAIR). This article will describe whether, in today’s digital era, these changes cause social problems of their own, especially social problems related to inter-structural relationships in academic activities on campus. This study employed Mixed Methods Research and 100 students as a sample of this study. The results found the fact that most of the student respondents (55.42%) considered that social problems that arise in State-Owned Legal Entity University were related to the capitalism of higher education. This research also found the impact of institutional changes being State-Owned Legal Entity University is a change in the inter-structural relationship among the academic community in carrying out academic activities to become exploitative, hegemonic, and repressive. Therefore these changes in an inter-structural relationship were also considered as a social problem.

Social exclusion at the intersections of immigration, employment, and healthcare policy: A qualitative study of Mexican and Chinese immigrants in California

While immigrants in the US suffer poor access to healthcare in general, access within immigrant populations varies notably by legal status and employment. Intersections between immigration, employment, and healthcare policy have shaped immigrants' access or exclusion from healthcare; however, little research has examined how immigrants experience and navigate these intersections. Drawing on social exclusion theory and the theory of bounded agency, we aimed to investigate Mexican and Chinese immigrants' experiences of exclusion from healthcare as one key dimension of social exclusion–and how this was shaped by interactions with the institutions of immigration and employment. The examination of two ethnic immigrant groups who live under the same set of policies allows for a focus on the common impacts of policy. We selected Mexican and Chinese immigrants as the two largest subgroups in California's Latinx and Asian immigrant population. We use a policy lens to analyze qualitative data from the mixed-methods Research on Immigrant Health and State Policy (RIGHTS) Study, involving 60 in-depth interviews with Mexican and Chinese immigrants in California between August 2018–August 2019. We identified two primary themes: pathways of social exclusion and access, and strategies used to address social exclusion. Findings show that immigrants' exclusion from healthcare is fundamentally linked to legal status and employment, and that immigrants navigate difficult choices between opportunities for improved employment and changes in legal status. We argue that multiple categories of legal status affect immigrants' employment opportunities and social position, which, in turn, translates to stratified healthcare access. Our findings support the literature establishing legal status as a mechanism of social stratification but challenge legal-illegal binary paradigms.

Pozycja prawna pracowników kolejowych w okresie militaryzacji PKP w drugiej połowie lat czterdziestych XX wieku

The article is an attempt to present the changes in legal status of railway workers as a result of the militarization of railways in Poland in the second half of the 1940s, including the context and consequences of the militarization process. Literature research as well as query and analysis of legal acts led us to the conclusion that as a result of recognizing PKP employees as called up for military service, their subordination for committed crimes, the jurisdiction of the Military Prosecutor’s Office of the Polish State Railways, and the Military Court of PKP were established. In the article I also describe the main factors of the transformation the special justice system underwent in the analyzed period, proving that it was not the first militarization of the railways in Poland, as well as that the legal acts introducing the militarization in 1944 referred to — at least partially — the tradition of the previous double militarization of railways in the Second Polish Republic.

Retention of visa-trainee post-graduate residents in Canada: a retrospective cohort study

BackgroundVisa trainees (international medical graduates [IMG] who train in Canada under a student or employment visa) are expected to return home after completing their training. We examine the retention patterns of visa trainee residents funded by Canadian (regular ministry and other), foreign, or mixed sources.MethodsWe linked data from the Canadian Post-MD Medical Education Registry with Scott’s Medical Database for a retrospective cohort study. Eligible trainees were IMG visa trainees as of their first year of training, started their residency program no earlier than 2000, and exited training between 2006 and 2016. We used Cox regression to compare the retention of visa trainees by funding source.ResultsOf 1,913 visa trainees, 431(22.5%), 1353 (70.7%) and 129 (6.8%) had Canadian, foreign, or mixed funding, respectively. The proportion of trainees remaining in Canada decreased over time, with 35.5% (679/1913); 17.7% (186/1052); 10.8% (11/102) in Canada one, five, and ten years, respectively after their exit from PGME training. Trainees who remained on visas (HR: 1.91; [95% CI 1.59, 2.30]), were funded exclusively by foreign sources (HR: 1.46; [95% CI 1.25, 1.69]), and who had graduated from ‘Western’ countries (HR: 1.39; [95% CI 1.06, 1.84]) were more likely to leave Canada compared to trainees who became citizens/permanent residents, were funded by Canadian sources, or were visa graduates of Canadian medical schools, respectively.ConclusionsMost visa trainees leave Canada following their training. Trainees with Canadian connections (funding and/or change in legal status) were more likely to remain in Canada.

Quantitative trait loci controlling agronomic and biochemical traits in Cannabis sativa.

Understanding the genetic basis of complex traits is a fundamental goal of evolutionary genetics. Yet, the genetics controlling complex traits in many important species such as hemp (Cannabis sativa) remain poorly investigated. Because hemp’s change in legal status with the 2014 and 2018 U.S. Federal Farm Bills, interest in the genetics controlling its numerous agriculturally important traits has steadily increased. To better understand the genetics of agriculturally important traits in hemp, we developed an F2 population by crossing two phenotypically distinct hemp cultivars (Carmagnola and USO31). Using whole-genome sequencing, we mapped quantitative trait loci (QTL) associated with variation in numerous agronomic and biochemical traits. A total of 69 loci associated with agronomic (34) and biochemical (35) trait variation were identified. We found that most QTL co-localized, suggesting that the phenotypic distinctions between Carmagnola and USO31 are largely controlled by a small number of loci. We identified TINY and olivetol synthase as candidate genes underlying co-localized QTL clusters for agronomic and biochemical traits, respectively. We functionally validated the olivetol synthase candidate by expressing the alleles in yeast. Gas chromatography-mass spectrometry assays of extracts from these yeast colonies suggest that the USO31 olivetol synthase is functionally less active and potentially explains why USO31 produces lower cannabinoids compared to Carmagnola. Overall, our results help modernize the genomic understanding of complex traits in hemp.

Цифровая трансформация патентно-информационного обслуживания

Relevance. At present, there are significant changes in the modern systems of official publication of patent offices. The paper discusses the concept of digital transformation in relation to official publication systems and the construction of a client-oriented Agency. The new publication requirements include requirements for effective search for information about inventions and utility models, requirements for providing information about changes in legal status, requirements for providing analytical information, and requirements for citation information. Methodology: the research is based on complex and systematic analysis, general scientific methods of cognition-analysis and synthesis, dialectical method, systematization and classification, process and system approaches, as well as the method of comparison. Results. New goals of the publication system and requirements for Electronic publication systems as information service systems are formulated. It is proposed to create and develop new electronic publishing systems based on the use of customer-oriented digital platforms of the service architecture. The main point of contention is that the improvement of electronic publishing systems of patent offices and their transformation into information service systems, with its huge public benefit, can become a negative factor for commercial enterprises that provide search and information services on a paid basis.

Effects of Delta-9 Tetrahydrocannabinol (THC) on Oocyte Competence and Early Embryonic Development.

Recent changes in legal status and public perception of cannabis have contributed to an increase use amongst women of reproductive age. Concurrently, there is inadequate evidence-based knowledge to guide clinical practice regarding cannabis and its effects on fertility and early embryonic development. This study aimed to evaluate the effects of the primary psychoactive component of cannabis, delta-9 tetrahydrocannabinol (THC), during oocyte maturation, and its impact on the developing embryo. Bovine oocytes were matured in vitro for 24 h under clinically relevant doses of THC mimicking plasma levels achieved after therapeutic (0.032 μM) and recreational (0.32 and 3.2 μM) cannabis use. THC-treated oocytes were assessed for development and quality parameters at both the oocyte and embryo level. Characteristics of oocytes treated with cannabinoid receptor antagonists were also assessed. Oocytes treated with 0.32 and 3.2 μM THC, were significantly less likely to reach metaphase II (p < 0.01) and consequently had lower cleavage rates at day 2 post-fertilization (p < 0.0001). Treatment with cannabinoid receptor antagonists restored this effect (p < 0.05). Oocytes that did reach MII showed no differences in spindle morphology. Oocytes treated with 0.032 μM THC had significantly lower connexin mRNA (p < 0.05) (correlated with decreased quality), but this was not confirmed at the protein level. At the blastocyst stage there were no significant differences in developmental rates or the proportion of trophectoderm to inner cell mass cells between the control and treatment groups. These blastocysts, however, displayed an increased level of apoptosis in the 0.32 and 3.2 μM groups (p < 0.0001). Our findings suggest a possible disruptive effect of cannabis on oocyte maturation and early embryonic development.

Abwägung von Nutzen und Schädlichkeit von berauschenden und schmerzlindernden Substanzen aus der Perspektive von deutschen Suchtmedizinern

In Europe, there have been several addiction-expert rankings of harms related to the use of psychotropic substances in the last 15 years. Among them, only one expert ranking took into account the potential benefits of these drugs. Non-Opioidergic Analgesics (NOAs), such as gabapentinoids and NSAIDs, which have been increasingly the subject of abuse / misuse reports, have not been considered in such expert rankings. Likewise, there is currently no multi-substance comparison as to whether the valuation rank of the harmfulness of an illegal drug may change along with an imagined change in legal status in Germany. Using a questionnaire, 101 experienced addiction physicians (first cohort) evaluated 33 psychoactive substances including analgesics with regard to their health and social harms as well as potential usefulness for the consumer and their environment / society ('others'). In addition, this cohort investigated whether the harmfulness assessment of an illegal substance changes if it would be legalized. In order to obtain the average overall harmfulness (overall risk) of a substance, the percentage contribution of each dimension to the overall harmfulness was determined in a second survey (second cohort, 36 experienced addiction medicine experts). Finally, the average benefit and overall risk ratings of each substance were related to each other. Prescription psychoactive substances such as analgesics, NOAs (including gabapentinoids) and opioidergic maintenance medications to treat opiate dependence were judged to have a favorable benefit-harm profile. Cannabis and ketamine were placed in the midfield of both, the harm and benefit rankings. Together with most illicit narcotic drugs, alcohol and nicotine, have been ranked among the most harmful and least useful substances, whereby alcohol was judged on average to be more harmful but also more useful than nicotine. In the event of potential legalization, the overall harm of the traditional illegal drugs methamphetamine, heroin, cocaine and cannabis was estimated to be reduced. This was mainly due to a more favorable valuation of the harm to others under these virtual conditions. Prescription substances including opioidergic and non-opioidergic analgesics as well as opioid maintenance therapy medications (methadone and buprenorphine) were assigned a favorable benefit-harm profile. Alcohol, nicotine and traditional illicit drugs (with the exception of cannabis and ketamine) were determined to have an unfavorable profile. The overall harm of traditional illicit drugs was assessed to decrease along with legalization, mainly by decreasing the harm to others in this virtual event.

Cannabis education in United States Pharmacy Colleges and Schools

AbstractIntroductionGiven the rapid change in legal status and rise in cannabis use within the United States (U.S.), pharmacists will increasingly require competence in issues related to cannabis, especially for medical use. Pharmacy students and professionals in other health fields report low levels of cannabis knowledge, and medical cannabis users report that their knowledge is mostly from their own experiences and the internet. Several pharmacy organizations have advocated for pharmacists' education on therapeutic and legal issues related to medical cannabis.ObjectivesTo determine the extent to which cannabis and its medical use are covered in the educational curricula of U.S. schools and colleges of pharmacy, plans for future coverage of medical cannabis, and differences by the state‐level legal status of cannabis.MethodsPharmacy schools and colleges located within the U.S. were identified via the Accreditation Council for Pharmacy Education website. A 19‐item survey was developed by researchers with experience in curriculum development and pharmaceutical issues related to cannabis. One individual from each school provided detailed information on the inclusion of medical cannabis/marijuana topics in their Doctor of Pharmacy program.ResultsTwo‐thirds (67%) of programs responded to the survey. Most programs (85.4%) had content on medical cannabis available in their curriculum, 53.1% in their required curriculum, 65.6% in their elective curriculum, and 33.0% in both their required and elective curricula. A small proportion (16.7%) had a stand‐alone medical cannabis elective course. Stand‐alone electives had the most comprehensive coverage of cannabis topics. General required and elective courses had minor differences in comprehensiveness.ConclusionResults demonstrate a moderately rapid expansion in cannabis coverage in pharmacy curricula, although coverage of cannabis topics is rarely comprehensive. Additional efforts are needed to integrate cannabis into coursework and experiential learning experiences.

From illegalised migrant toward permanent resident: assembling precarious legal status trajectories and differential inclusion in Canada

ABSTRACT Precarious legal status trajectories (PLSTs) are marked by periods without state authorisation and/or forms of temporary authorisation. They are temporally prolonged and directionally unpredictable, and may be spatially, juridically and substantively discontinuous. Their complexity poses challenges for researchers interested in the relationship between changes in legal status and differential inclusion. We examine the trajectories of illegalised Anglo-Caribbean and Latin American migrants living in Canada in the mid-2000s who applied for one or both of two humanitarian legal status adjustment mechanisms to obtain permanent residence: late refugee claims and applications on humanitarian and compassionate grounds. Despite sharing early illegalisation, we find regional racialised and gendered differences in their PLSTs. We present a framework for understanding how different trajectories are populated, and how the somewhat unpredictable outcomes of adjudications may lead to further applications and a reorganisation of PLSTs. We conceptualise PLSTs as assembled through (1) colonial legacies and histories of migration that contribute to racialised humanitarian deservingness, (2) state policies and humanitarian adjudication procedures, and (3) everyday encounters between migrants and other social and institutional actors. Our analysis shows how these elements come together and generate variable PLSTs and multi-dimensional differential inclusion.

Зміна правового статусу секс-роботи в Україні: думка населення, думка секс-робітників (соціологічний ракурс)

The concepts of “decriminalization” and “legalization” of sex work are defined. Based on a sociological study, the attitudes of the Ukrainian public and sex workers to the potential change in the legal status of sex services in Ukraine is characterized. Authors analyse the public attitude toward the concepts and phenomena of “sex work” and “sex workers”, level of awareness of the population and sex workers about the current legislation in the scope of sex work regulation in Ukraine and the attitude to it, opinions on potential conditions of decriminalization and expected changes as a result of changes in the sex work legal status, level of interest of sex workers in the fact of decriminalization and legalization and their readiness for possible changes. These studies show an utterly predictable contrast between the attitudes, desires and expectations regarding potential changes in the legal status of sex work in Ukraine of the average Ukrainian and a sex worker – from disinclination and rejection of such changes by the first to the unreadiness and possible radiant hopes of the latter. Thus, 51% of Ukrainians oppose the revocation of penalty for the voluntary provision of paid sex services, while 93% of sex workers are interested in the revocation of such penalty. Modelling the situation where the penalty for sex work is revoked, the potential improvements suggested by sex workers are the following: safer working conditions and reduced risks of violence – 74%; the possibility of legal protection from the police – 67%, in court and prosecutor’s office – 64%; reduction of stigma at the level of society – 58%, at the level of self-esteem – 53%; expected reduction in health risks, including HIV/STIs – 49%. The appropriateness to form a public attitude to sex work as a type of entrepreneurial activity, which should be regulated by labour, civil, economic, financial and other branches of law, and to sex workers as those who are entitled to refuse (a client, employer, profession in general), appropriate working conditions and trade union or judicial protection, anonymity, social guarantees and pensions, self-organization, etc. are proved.

Principles of liability under the Polish Criminal Code for behavior relating to the termination of pregnancy undertaken in Poland and the Czech Republic

Summary The article explores the problem of significance the termination of pregnancy in the context of criminal responsibility. In the first step, the legal analysis is focused on establishing the change of legal status connected with abortion and all the consequences for criminal responsibility. The second section refers to the current act, trying to find the answer how to recognized the termination of pregnancy. The third part refers to legal situation in Czech Republic at this area. Finally, some reflections on the criminal liability for the place of the offence have been presented. The possibility of conviction for abortion in a country where it is legal should be examined..