Current Legal Framework Research Articles

Soil governance: A review of the current legislative framework for managing soil resources in Uzbekistan

This review examines the current legal framework for managing soil resources in Uzbekistan, as well as potential areas for improvement. The six types of normative legal acts in Uzbekistan consist of legislative acts and subsequent laws. In order to combat soil degradation, increase soil fertility, and promote sustainable land use, the effectiveness of current soil governance practices in Uzbekistan is evaluated. In addition, it outlines the primary obstacles and opportunities for enhancing soil governance in Uzbekistan and suggests potential directions for enhancing the legal system and soil management procedures. The review identifies several flaws and limitations in the current legal framework for managing soil resources in Uzbekistan, including the absence of specific regulations for biologically based soil surveys, regulatory documents for quality control of soil laboratory activities, and the basis for the soil's capacity to store carbon and its connection to climate change. Also, there is an opportunity to boost NGOs contribution to soil governance. This review's findings can support sustainable soil management practices and have significant ramifications for other nations facing comparable soil governance issues.

A range of legal obligation for operators of Artificial Intelligence Systems in the context of Criminal Law

Purpose of the study: This article aims to investigate and define the legal obligations of artificial intelligence (AI) system operators in the context of existing criminal law. The task is to identify key provisions, analyze issues of legal liability, and the interaction between AI ethics and criminal law. The article also aims to assess the implications of using AI in criminal law and propose possible improvements to current regulations.
 Methodology: The article is based on an interdisciplinary approach combining law, computer science, and ethics. The methodology includes a literature review concerning the legal obligations of AI operators and a legal analysis of key provisions.
 Main findings: The deliberations reveal that the responsibility of AI system operators in criminal law focuses primarily on the legal, technological, and ethical analysis of issues related to the operation of AI. These aspects can occur in various areas such as the design, implementation, control, and use of AI systems, where operators make key decisions. 
 Application of the study: The presented article refers to the responsibility of AI system operators in the context of criminal law. This has significant implications for scientific disciplines such as law, AI ethics, cybersecurity, and computer science. The study of criminal law applied to AI is extremely important as it highlights potential gaps in current legal frameworks that can lead to accountability issues in case of damage or error caused by an AI system. 
 Originality/Novelty of the study: The issue of AI operators' responsibility in criminal law is a relatively new area of research, especially in Poland. The complexity and dynamism of AI technology development create numerous interpretive challenges that deserve further analysis.

Managing aspects of the implementation of the practice of dispatcher-assisted first aid for cardiac arrest in the Russian Federation (literature review)

High death rates in out-of-hospital cardiac arrest are mainly associated with failure of bystanders to provide lifesaving help before arrival of medical professionals. This constitutes a major problem for present-day Russia and determines the urgent need to take managing measures aimed at maximizing involvement of the lay public into the process of resuscitation and first aid provision. Based on an analysis of contemporary scientific literature, this paper provides a justification for creation and implementation of a unified coordinated program of dispatcher-assisted cardiopulmonary resuscitation (DA-CPR), when dispatchers of emergency services provide witnesses of cardiac arrest with instructions on how to perform resuscitation over the telephone in Russia. In particular, the article describes the foreign experience of implementation of DA-CPR programs that confirms a high effectiveness of the dispatcher support as it applies to outcomes of out-of-hospital cardiac arrest; it discusses a place of DA-CPR in current international guidelines on management of cardiac arrest; and it gives an analysis of managing and legal prerequisites for implementation of DA-CPR into the daily work of emergency medical services and 112-emergency system in Russia, including the existing dispatching infrastructure for implementation of the DA-CPR program, and current legal framework that regulates management and operation of the emergency services that provide remote consultations on health protection for the public. Based on the analysis, priority managing measures were identified aimed at effective and unified implementation of the DA-CPR in Russia. For relevant literature, we searched Medline, Scopus, Web of Science, Google Scholar and Russian Science Citation Index.

Legal Gap in Refugee Protection in Non-Signatory Countries: An Evidence from Indonesia

Abstract As of December 2021, about 13.399 asylum seekers had entered Indonesian territory. As a non-signatory party to the 1951 Refugee Convention and the 1967 Protocol, refugee protection is becoming ambiguous and uncertain; specifically, about the treatment of asylum seekers and refugees who are in transit in Indonesia. This study used a sociolegal technique to answer that question, using data from the UNHCR High Frequency Survey: Communication with Communities 2022, which included 400 respondents from the Jakarta Metropolitan Area, collected between 15 December 2022 and 09 January 2023. The finding stated that detention is still utilized to treat asylum seekers, sexual and verbal abuse is still happening in detention centres, also illegal deportation is still common. The legal analysis found that it happens because the asylum seeker does not belong to the subject of protection and categorized as illegal migrant by the current legal framework.

Red Light or Green Light?: Legal Considerations for Regulating Traffic in Orbit

The number of functional and non-functional satellites, and other pieces of orbital debris, is constantly increasing due to new space activities, including use of large constellations of small satellites, and the growth of commercial space missions. Congestion in space challenges the ongoing safety, security and sustainability of space activities and space assets. There are now more than one million debris items larger than 1cm orbiting the Earth, and this number may grow exponentially as more than 100,000 additional satellites are planned for launch over the next ten years. These will only add to the increasing risk of damage and destruction to any satellite involved in case of a collision in space. In this context, there is a necessity to develop a Space Traffic Management (STM) regime that encompasses the means and the rules to safely access, conduct activities in, and return from outer space. It would also aim to protect the Long-Term Sustainability (LTS) of space activities by ensuring that space remains a secure environment, even as global society relies ever more on space-based applications such as communications, navigation and Earth observation. This article examines those rules present in the current space legal framework that are relevant to the regulation of space traffic and analyses two key concepts for establishing a comprehensive STM regime, namely the monitoring of space activities through data access and information sharing, and appropriate coordination mechanisms between states, Space Agencies and private operators. space law, regulation, traffic in orbit, space debris, space situational awareness, information sharing, coordination, international cooperation

Preventing and Combating Cybercrimes: Case of Cybercrimes Investigation Unit of Tanzania Police

The study was conducted at the cybercrimes investigation unit of Tanzania Police Force. The study investigates the current situation of Tanzania Police Force on combating and preventing cybercrimes in Tanzania and examine the effect of the current legal framework governing them on preventing and combating cybercrime. The study used a sample size of 86 respondents from cybercrimes investigation unit at Tanzania Police Force. Data collection was done by using interview guide and questionnaire. The data was analysed by using multiple regression model and thematic analysis for quantitative and qualitative data respectively. The findings show that, Cybercrimes in Tanzania is on high rate as justified by the respondents regarding on number of reported cases of cybercrimes in Dar es Salaam despite of effort shown by Police Force to battle this problem. It was also found that a unit increases in technological capability of Police Force lead to significant decreases in preventing and combating cybercrimes. Furthermore, the results show that, other things remain constant, a unit increase in the current legal framework governing the Police Force lead to significant decrease of effort on preventing and combating cybercrimes. Therefore, it is recommended that there is a need for the Police Force to invest more in acquiring new technologies well as providing continuous public awareness of cybercrimes. Also cybercrime act of 2015 as well as legal and regulatory compliances governing all cybercrimes stakeholders to be reviewed so that can enable Police Force to perform their duties of preventing and combating cybercrimes efficiently.

Riverine Microplastic Pollution in Vietnam: A Review of Current Scientific Knowledge and Legal Policies

Plastic litter and microplastic pollution in the aquatic environment have become a major concern since scientists, politicians, and citizens began to learn about the impacts in recent years. This in-depth desk review of scientific papers and Vietnamese policies aims to state the current knowledge, legal framework, and action plan relative to microplastic assessment, release, and control in Vietnamese aquatic environments, especially rivers. Regarding scientific literature, this paper focuses on (i) the occurrence of microplastics in riverine surface water and sediments, (ii) the fate and transfer of microplastics in Vietnam’s canals-riverine- estuarine systems, (iii) their accumulation in biota, and (iv) effects to receiving river basins and human health through ingestion of seafood and salts. This paper also points out and describes the main and current Vietnamese policies on plastic litter, including microplastic, and the control of their release into the aquatic environment. Based on the needs identified from the scientific literature review and the action plan to be implemented in the near future, recommendations are given for both scientists and decision-makers to tackle microplastic pollution and provide a sustainable approach.

Integrating Legal, Ethical, and Technological Strategies to Mitigate AI Deepfake Risks through Strategic Communication.

This study explores the critical role of legal education in addressing the challenges posed by AI deepfakes, with a focus on integrating deepfake-related topics into the curriculum to better prepare legal professionals. The primary objective is to examine how legal education can be enhanced to equip future lawyers with the necessary skills to navigate the ethical, legal, and technological implications of AI deepfakes. The study employs a theoretical approach, analyzing existing literature, case studies, and current legal frameworks to identify gaps in legal education and propose strategies for integrating AI deepfake topics into both foundational and continuing legal education (CLE) programs. The findings suggest that incorporating AI deepfake education into legal training can significantly enhance legal professionals' ability to address the complex challenges posed by this technology. Key strategies include developing specialized modules, implementing scenario-based learning, and fostering interdisciplinary collaboration. The study highlights the broader implications of these findings for future research and practice, emphasizing the need for ongoing updates to legal curricula and the importance of continuous professional development. The integration of AI deepfake education is not only necessary for legal practice but also for shaping ethical and legal standards in the digital age.

Models for collaboration

In the future, a need-base health care system should be ensured by cooperation between the service providers. To promote this, the current legal framework is being adjusted to include the introduction of "day treatment at hospitals", distribution of "service groups" to individual clinics, and the establishment of integrated control centers and emergency centers. Healthcare providers are to be motivated to collaborate via financial support, and also the utilization of synergistic effects and the need of training of future professionals. However, the pursuit of collaboration is limited by professional law, regulations regarding anti-corruption, and the patients' interest in freedom of choice, up to competition law to antitrust law. Collaborations between hospitals and contracted physicians/practices are based on the specifications of the Hospital Remuneration Act (collaboration on afee basis or in an employment relationship) and the German Social Code (contractual forms of collaboration for emergency services, medical care centers, before/after in-patient treatment, outpatient surgery, specialized medical care on outpatient basis, cooperating with attending physicians, and special healthcare services), as well as being employed at the hospital. Due to their precarious situation, hospitals increasingly cooperate with each other through strategic alliances, up to mergers. To make these collaborations successful, certain principles need to be considered. These concepts entail risks and require trust and awell-balanced relationship between costs and benefits for all partners. The bold path of fair collaborations, focusing on high-quality and efficient patient care, can represent adisruptive innovation for addressing our challenges in urology and healthcare in general.

Tackling corruption in the distribution of Covid-19 palliatives and public health facilities in Nigeria: legal insights and strategic blueprint for future emergencies

PurposeThe purpose of this study is to examine the corruption prevalent in the distribution of COVID-19 palliatives during the lockdown and movement restrictions in the country. This study seeks to analyse the current state of corruption in the distribution of COVID-19 palliatives and public health facilities in Nigeria while also providing a legal insight and strategic blueprint to combat corruption. To this end, this study will address the current legal framework for combating corruption and build upon this to formulate a working strategy for tackling corruption in the future.Design/methodology/approachUsing a doctrinal legal research methodology, this study draws upon existing literature, tertiary data sources and information from the Nigeria Centre for Disease Control. The collected data is analysed and compared with current literature to identify key findings. Rent-seeking and utilitarian theories of the law were examined to guide this study. This study offers useful insights into combating corruption. The use of this method is justified, as it enhances the credibility of the findings on the importance of strategies for future emergencies. This legal research approach is consistent with the law and can be easily verified. The empirical aspect of this study involved a survey of multidimensional health-care and economic data set of 36 states in Nigeria plus the Federal Capital Territory on COVID-19 in Nigeria. A survey linearised regression model was estimated to determine the influence of government revenue and public health-care facilities in the control of the virus spread in Nigeria.FindingsThis study reveals the need for emphasis on the imperative of combating corruption in the distribution of COVID-19 palliatives and establishing economic resilience through transparent and accountable practices, supported by legal frameworks.Research limitations/implicationsRent-seeking and utilitarian theories of law are evaluated because of their impacts on combating corruption. The limitation of this study is the intricacy of gathering data on COVID-19 palliatives corruption in Nigeria because of secrecy and the absence of reliable data on the subject.Practical implicationsEstimating the exact number of stolen palliatives and their fiscal impact on Nigeria's economy proves to be a formidable task because of the covert nature of corruption. This study equips policymakers in Nigeria with a better understanding of the legal challenges posed by corruption in the health care sector and provides an effective strategy to combat it.Social implicationsThe lack of reliable data on the extent of palliative theft hinders the ability of lawmakers to enact effective legislation and strategies for combating corruption in the distribution of COVID-19 palliatives and addressing future emergencies in Nigeria. The policy implications of this study can assist policymakers in Nigeria and other countries in formulating measures to combat corruption in the distribution of COVID-19 palliatives and other future emergencies. Furthermore, it recommends the overhaul of anti-corruption laws and mechanisms in Nigeria to ensure effective measures against corruption.Originality/valueIn conclusion, this study contributes to knowledge by proposing a legal model centred on people's participation to enhance transparency and accountability in future palliative distribution processes. This study recommends legal strategies that can effectively address corruption in future emergencies or shocks. This study proposes a strategic blueprint to tackle corruption in the future. This blueprint includes an analysis of existing laws and regulations, as well as potential policy changes and legislative reform. This study also includes recommendations for improved enforcement and oversight mechanisms and for improved public awareness and education. As part of this, this study considers the potential for public–private partnerships to increase transparency and accountability in public health and health-care services.

Shining light on an unspeakable crime: necrophilia and the need for legal reform

ABSTRACT This article explores the current legal frameworks surrounding necrophilia in the United Kingdom. More specifically, it draws upon Aggrawal's [(2009). A new classification of necrophilia. Journal of Forensic and Legal Medicine, 16(6), 316–320] typologies of necrophilia, arguing that a multifaceted definition of necrophilia is required in order to properly legislate against it. The recent case of David Fuller is incorporated into discussions, and efforts towards legal reform are examined accordingly. The article makes recommendations of how future research can progress discussions in this acutely underresearched area of criminology and law.

Inalienable data: Ethical imaginaries of de-identified health data ownership

Many legal, ethical, and regulatory frameworks allow de-identified health data to be shared for research without patients’ opt-in consent. However, there may be public concerns about this practice, as people may feel they should have some say in how such data is used. This paper introduces the concept of the “inalienability of de-identified data,” to describe a key assumption underlying that public concern and preference. The assumption, derived from ethnographic research with public and professional stakeholders in AI driven medical image analysis over the past two years, refers to a sense of felt ownership over de-identified health data, even where the subject has been obscured as referent and no clear legal rights of data ownership otherwise exist. The concept is important to medical ethics because it underpins public expectations regarding the rights people should have over the sharing of medical data (including expectations for consent). We note that where those expectations go counter to current legal and bioethical frameworks for de-identified data sharing, they provide a challenge for public support of big data and artificial intelligence driven health research.

ECB accountability under the SSM: New dimensions of political and administrative accountability with particular focus on climate risks

The Single Supervisory Mechanism (SSM) is a relatively recent and remarkable piece of institutional architecture at the core of the Banking Union. The vast powers conferred on the ECB under the SSM, the complexity of coordination and the sensitive nature of some decisions allocated to the EU level make accountability a key requisite for the system’s success. Some of the provisions applicable provide a solid foundation for a system of strong accountability. Recently, the need to offer a credible response to climate change risks have added additional challenges to ECB accountability under the SSM. Accordingly, there is room to improve the system to effectively counterbalance the powers given to the SSM to increase their accountability at the European level without undermining their independence and within the boundaries of the current legal framework.

Ethical Concerns of the Veterinarian in Relation to Experimental Animals and In Vivo Research.

Animal experiments, despite their controversial nature, play an indispensable role in scientific advancement and led to numerous significant discoveries. The supervision of veterinarians in the realm of in vivo research holds immense importance. However, this particular aspect of veterinary medicine, distinct from their other activities, can pose ethical challenges. Veterinarians are entrusted with the prevention of diseases, healing, and pain elimination, yet in the case of animal experiments, they witness intentional suffering and death. This article evaluates the ethical and professional deontological aspects of this issue. It explores the historical evolution of human-animal (including experimental) relationships and discusses how deontology stems from the definition of ethics. The article also examines codes of ethics for veterinarians, providing illustrative examples. It highlights that the actions of veterinarians in this domain align with their deontology and emphasises the role of veterinarians in in vivo research as viewed within current legal frameworks. In conclusion, the veterinarian's participation in animal research is both ethically and deontologically justified, and it is also a legal requirement.

Algorithmic pricing

The rise of algorithmic pricing has transformed perfect price discrimination from a theoretical concept into a real possibility. Through self-learning pricing algorithms, a strategy can be developed that approximates consumers’ reservation prices with ever-improving accuracy. This paper analyzes algorithmic pricing from a law and economics perspective to identify the efficiency and equity effects that the practice could cause and determine to which extent it is regulated under the current legal framework. This paper finds that under competitive market conditions, algorithmic pricing could be welcomed from an efficiency perspective, but from an equity and ethical perspective serious concerns need to be raised. If these concerns are to be taken seriously, the legal framework provides only a partially functional approach to address algorithmic pricing. Additional appropriate remedies are, therefore, needed to protect consumers adequately and effectively against exploitation that reduces their welfare.

Balancing Cyber-security and Privacy: Legal and Ethical Considerations in the Digital Age

In today’s digital world the need to maintain cyber-security and protect sensitive information is more important than ever. However, this must be balanced against the right to privacy, which is also a fundamental human right. This article provides an overview of the legal and ethical considerations involved in balancing cyber-security and privacy in the digital age. It explores the challenges of implementing effective cyber-security measures while respecting privacy rights, and discusses the current legal framework for cyber-security and privacy in various jurisdictions. The article also considers the ethical implications of balancing these two important values and suggests ways in which cyber-security and privacy concerns can be reconciled in a general context. By highlighting the importance of a careful balance between cyber-security and privacy, this article aims to raise awareness of the need for ethical and legal considerations in the development of digital technologies and their regulation.

What are the organizational and economic principles of organic farming in the context of sustainable development? Case of Ukraine

The development of organic agriculture is a long-term global trend; with different local factors that affect the development rate. Ukraine is one of the largest food suppliers in the world and this also applies to organic production. The evaluation of organic production at Skvyra Organic Research Station was conducted in 2015-2020 on 40 ha land; focusing on the economic performance of the enterprise and the specialization of production. The systematic approach and dialectical method of cognition were used to identify the key factors in the development of organic farming. The purpose of the study is an organizational and economic analysis of a state enterprise that is making a gradual transition from intensive to organic production, in order to determine the main principles that stimulate the development of organic production, and to overcome the challenges faced by the enterprise on the way to the introduction of organic production. The results indicate that the enterprise is profitable but does not operate up to its potential. The key issues were identified in the lack of focus on marketable crops, efficiency of labour, crop production, and management. The enterprise is negatively affected by the current legal framework and insufficient financial stability. The enterprises income consists of selling crops (i.e. cereals, legumes) and service-to-business (i.e. laboratory testing), with no state funding. Further results show the relation of the production and specialization with climatic, natural, biological and socio-economic factors. To improve the organisational and economic framework for the development of organic production, Ukrainian enterprises should focus on cost-effective products. Furthermore, competition between agricultural enterprises should support deeper specialization and production of competitive products, contributing to the profitability and economic stability of producers

The normative nature of corporal punishment in Australia

AbstractCorporal punishment (CP) is the most common and socially normative form of violence perpetrated against children and is legal in the home and some other settings in Australia. CP was made a common practice through its introduction by European settlers and Christian missionaries during colonisation. Furthermore, the defence of reasonable chastisement became part of the Australian common law in 1860 and is still used in some jurisdictions. Other jurisdictions have enacted criminal laws that have entrenched the defence in legislation. This article gives a brief historical overview of the origin of CP in the English common law, the defence of reasonable chastisement and how these concepts came to be entrenched in Australian law and culture. Moreover, this contribution examines the recognition of children's rights in international law and the significant global impact this has had in elevating the status of children. Then, this article analyses the current legal framework and the permissiveness of CP in Australian states and territories. Consequently, it is argued that states and territories ought to repeal legislation that permits CP, and all jurisdictions should insert a positive statement into civil laws that CP is no longer acceptable as a disciplinary measure.

Analyzing the Legal Labyrinth: Current Trends in Genetic Research and Their Legal Perspectives

Genetic research has experienced rapid advancements in recent years, giving rise to a host of legal challenges at the intersection of intellectual property rights, data privacy, and ethical concerns. This article aims to analyze a key legal issue related to genetic research and propose potential solutions. We conducted a literature review, comparative analysis, and policy evaluation to identify the shortcomings of existing legal frameworks and highlight best practices from different jurisdictions. Our findings indicate that current legal frameworks may not adequately address the challenges posed by genetic research. We propose potential solutions, such as developing a comprehensive legal framework for genetic research, encouraging international collaboration and harmonization of laws and regulations, and implementing strong oversight mechanisms. By addressing these legal challenges and implementing the proposed solutions, policymakers and stakeholders can create a stable and predictable environment for genetic research that maximizes its benefits while minimizing potential harms and inequities.

Integrating System Analysis, Information Management, and Decision-Making: Legal Perspectives and Challenges

This article examines a key legal issue related to the integration of system analysis, information management, and decision-making, focusing on data privacy. The study employs a literature review, comparative analysis, and policy analysis to investigate the current legal frameworks, approaches taken in different jurisdictions, and potential solutions. Our findings reveal that inconsistencies in data privacy regulations and challenges in compliance significantly impact stakeholders in these fields. We propose several potential solutions, including the harmonization of data privacy laws, the adoption of privacy-enhancing technologies, and the implementation of education and training programs. Policymakers and stakeholders should adopt a proactive approach and foster international cooperation to create an environment that enables innovation while safeguarding individual privacy rights. This article contributes to the understanding of the legal challenges and implications in the rapidly evolving fields of system analysis, information management, and decision-making.