Current Legal Framework Research Articles

Categorisation of Biogas Plant Operators in Germany with Regards to Their Intention to Use Straw Pellets as Innovative and Sustainable Substrate Alternative

The cultivation of renewable raw materials on arable land is challenged by the ongoing fuel-versus-food debate resulting from increases in maize cultivation, shorter crop rotations and land competition. Accordingly, the current legal framework for biogas production in Germany focuses on limiting cultivation of traditional biogas substrates, such as silage maize, and promoting the use of various alternatives, such as waste materials and by-products. One new sustainable substrate alternative is the use of cereal straw compacted to pellets. Although straw pellets generally have good fermentation properties, they are still rarely used in German biogas production. Since earlier research on agricultural production practices in general has shown that farmers can be divided into groups regarding their acceptance behaviour and the speed to successfully adopt innovative practices and technologies on their farm, this study addresses the research question: How can biogas plant operators in Germany be categorised with regards to their intention to use straw pellets as innovative and sustainable substrate alternatives? In order to answer this question an exploratory factor analysis and subsequent hierarchical cluster analysis was conducted with survey data obtained from German biogas plant operators (n = 309) in early 2021. Based on variables indicating the intention to use and use behaviour regarding straw pellets in biogas plants, four clusters are identified. Plant operator’s innovativeness, perceived risk and the influence of social environment show differences between the clusters. Additionally, the characteristics of the innovation “straw pellets”, such as economic performance and sustainability, were assessed differently by the four clusters of German biogas plant operators. While the clusters do not show significant differences in the socio-demographic characteristics, they do so in the farm characteristics (farm activities besides biogas production, size of the plant, the proportion of slurry/dung and silage maize). According to the results two of the four clusters have a higher acceptance of straw pellets, which also means that they are earlier in considering the actual use. The initiation of regional working groups, information campaigns and financial incentives can support plant operators, especially in the two clusters of potential early adopters, in accepting straw pellets. This should ultimately result in a faster and wider use of straw pellets as substrates in the whole biogas sector.

Difficulties relating to companies incorporated as cooperative societies in Italy and Spain

This article compares the current legal framework of cooperative societies in the Italian and Spanish legal systems, highlighting their application. Many critical issues have emerged in recent years in both countries: the use of the cooperative form has often been the means to lower labour costs, especially in those sectors characterised by high labour intensity. This contribution will therefore pay particular attention to the phenomenon of false cooperatives, which is particularly present in both countries, and to the measures taken to remedy it.

THE DEVELOPMENT OF PRIVILEGED COMMUNICATION RULES UNDER THE MALAYSIAN EVIDENCE ACT 1950

In civil disputes, parties often seek to resolve their issues outside of court using alternative dispute resolution (ADR) methods, such as negotiation. If negotiations fail, the matter may be brought to court. Under section 23 of the Malaysian Evidence Act 1950, statements made during negotiations that are marked "without prejudice" are generally considered privileged and inadmissible in court. This raises questions about whether the current legal framework adequately addresses the applicability of the "without prejudice" privilege. Is this rule absolute, or are there exceptions that limit its scope? This paper aims to explore these issues, evaluating whether legal reforms and new mechanisms are needed to adapt the "without prejudice" privilege to contemporary legal challenges.

Ways to improve payment systems in Ukraine in the context of European integration

Methods. The methodological basis of the research is a set of modern methods and techniques of scientific knowledge: dialectical – to determine the manifestations and consequences of European integration for the payment systems of Ukraine; deduction and induction – for the classification of payment systems; analysis and synthesis – to assess the performance of payment systems; graphic – for a visual representation of the analysis results; analogies and extrapolations – to highlight directions of payment systems of Ukraine improvement considering European Union standards. Results. The current legal framework for the functioning of payment systems in Ukraine in the context of their integration with EU payment systems has been determined. The structure of the modern market of payment systems based on their classification is characterized. The categories of importance of payment systems are intensified, which can be classified as systemically important, socially important and important. The dynamics of the main indicators of the payment systems market for the period from 2019 to 2022 were evaluated. On the basis of the conducted analysis, the key problems of the development of payment systems and the nearest prospects of their development in the conditions of European integration are determined. Novelty. The analysis of the current state and trends in the functioning of payment systems of Ukraine made it possible to identify and justify the key problems of their development. The review of the main vectors of legislative changes in the regulation of the payment sphere for the purpose of implementing the norms of European law made it possible to identify the directions of creating a high-quality, safe and competitive payment system of Ukraine. Practical value. Prospective directions for the development of payment systems of Ukraine are proposed, which can be the basis of the modern paradigm of the updated payment system, which combines various elements and technologies to ensure faster, safer and more convenient payments, taking into account European legislation.

DISTANCE LEARNING FOR UKRAINIAN SCHOOLCHILDREN UNDER THE CONDITIONS OF MARTIAL LAW: ORGANIZATIONAL ASPECT

The article reveals the features of the organization of distance education in secondary school of Ukraine under the martial law conditions. The essence of the problem faced by the education system is presented, including the inability to provide full-time learning process due to the destruction of educational institutions and safety threats to the schoolchildren. The authors justify the thesis that distance education in Ukraine has nowadays changed its status from a possible option to the priority mode of the educational process organization. The presentation of the research material is based on the following points: analysis of the current legal framework for the implementation of distance education in schools; the analysis of the most common supportive tools, distance learning resources, platforms for methodical support of educators, and practical recommendations on the distance learning organization. The authors carry out the analysis of the already existing and functional projects designed to provide methodical support to Ukrainian educators, detailing the features of the functioning of the "All-Ukrainian Online School", "All-Ukrainian Schedule", the essence of the "Quality of Education" project, etc. It is concluded that the Ukrainian government is working on various organizational aspects of the distance learning implementation paying attention to the importance of restructuring the calendar and thematic planning of education process, the need to organize distance learning in an educational institution within a single educational platform, the peculiarities of knowledge acquisition in synchronous/asynchronous modes of teaching. Selected organizational issues relate to clarifying the psychological conditions of knowledge acquisition in the distance learning format, and the importance of establishing communication with parents. In today's conditions, Ukrainian distance learning provides various supportive online tools for both educators and students. However, along with this, there are issues that await their further resolution, in particular: the technical aspect of the organization of distance learning under the conditions of martial law; the need to increase the digital competencies of all participants in the educational process; and the importance of providing methodological assistance to teachers regarding their work in a distance format.

Ricerca scientifica e dati genetici

The paper aims to study the relationship between scientific research and protection of fundamental right of the human being. In particular, it focuses on the concern linked to the use of the genetic data in the field of the predictive medicine and discusses how current legal frameworks and technical safeguards can mitigate the risks connected to new technologies, artificial intelligence, and digital communication.

The Normative Dilemmas of the Feminist Struggles Against (Trans-)Feminicide in Mexico

This paper explores women’s and feminists’ struggles against feminicide in Mexico. The author analyzes the dominant notions of gender and violence at the core of the Mexican case. First, the article adopts a historical approach, highlighting some critical moments of women’s struggles to criminalize feminicide. In this section, the author briefly reconstructs the genealogy of the concept in the Americas, presenting the legal definition of feminicide and violence against women in the existing legal framework in Mexico. Second, the approach addresses the challenges and problems that trans feminicide poses to the current legal framework. This part discusses the violence emanating from a binary notion of gender-based violence and the binary conception of cis and heterosexual gender identity in the law. Here follows an introduction of two central concepts for the analysis of gender: cissexism and heteronormativity. Finally, the article addresses the structural dilemma of the criminalization of feminicide and the juridical strategy of framing women’s rights against gender-based violence as special rights.

ANALYSIS OF PROBLEMS OF INNOVATIVE REGULATION ACTIVITIES IN UKRAINE

The article is devoted to the analysis of problems of innovation activity in Ukraine. Innovation in Ukraine has not yet become an appropriate means of increasing competitiveness. The value of intellectual property is assessed in a distorted market, separated from the potential economic effect of innovation. This does not stimulate the improvement of the production of an intellectual product - the basis of innovation. It is concluded that most legal norms are only declarative and not enforced, which lacks a sufficiently effective legal framework to protect intellectual property rights and individual innovations. Аlthough the current legal framework for scientific, technical and innovative activities has about 200 documents. Ukraine’s priorities in this sector have been identified to avoid the adoption of new laws, аfter all, according to the State Statistics Service of Ukraine, the imperfect legal framework is almost 40% of all reasons that hinder innovation. To achieve the goal of the article, the following methods of scientific knowledge are used: the normative-dogmatic method was used in the analysis of normative-legal acts regulating innovation activity in Ukraine. The monographic method helped to study the world experience of state regulation of innovation in different countries. Methods of analysis and synthesis allowed to assess the effectiveness of state support mechanisms for innovation in Ukraine. The comparative legal method allowed to compare the features of state regulation of innovation in different countries. The statistical method proved to be useful in considering the current state of innovation in Ukraine. An abstract and logical method was used to formulate the relevant conclusions and proposals. During the study of foreign experience, ways to improve the legislation governing innovation in Ukraine were found and proposed. The empirical basis of the study is the data of the State Statistics Service of Ukraine, the Ministry of Education and Science of Ukraine, monographs and articles of scientists in various fields of law, the results of the authors’ own research. Key words: Legislative regulation, innovations, innovative activity, Ukraine, foreign experience.

Ustawowa regulacja ustroju jednostki samorządu terytorialnego w świetle zasad pomocniczości i decentralizacji władzy publicznej

In the current legal framework in Poland, the regulation of the system of local self-government units is divided between legal acts of various hierarchical ranks. The foundations of the local self-government system are set out in the Constitution of the Republic of Poland and in binding international law, in particular in the European Charter of Local Self-Government. Standards regarding the system of local self-government units are also included in statutes and acts of local law. In recent years, there has been a tendency to expand the statutory regulation of the local self-government system, thus limiting the decision-making freedom of local and regional communities. This is a manifestation of a kind of centralization. The author of the study tries to answer the question about the limits of statutory regulation of the system of local self-government units. The basis for this is the analysis of legislation, jurisprudence and statements of representatives of the doctrine and science of law. Based on the analysis, it has been established that the provisions of the Constitution of the Republic of Poland restrict the legislator’s freedom as regards the minimum standard to be regulated by the system of local self-government units.

Regulating Smart Robots and Artificial Intelligence in the European Union

Objective : In recent years, the need for regulation of robots and Artificial Intelligence has become apparent in Europe. European Union needs a standardized regulation that will ensure a high level of security in robotics systems to prevent potential breaches. Therefore a new regulation should make clear that it is the responsibility of producers to identify the blind spots in these systems, exposing their flaws, or, when a vulnerability is discovered in a later stage, to update the system even if that model is not on the market anymore. This article aims at suggesting some possible revisions of the existing legal provisions in the EU. Methods : The author employed the Kestemont legal methodology, analyzing legal text, comparing them, and connecting them with technical elements regarding smart robots, resulting in the highlighting of the critical provisions to be updated. Results : This article suggests some revisions to the existing regulatory proposals: according to the author, although the AI Act and the Cyberresilience Act represent a first step towards this direction, their general principles are not sufficiently detailed to guide programmers on how to implement them in practice, and policymakers should carefully assess in what cases lifelong learning models should be allowed to the market. The author suggests that the current proposal regarding mandatory updates should be expanded, as five years are a short time frame that would not cover the risks associated with long-lasting products, such as vehicles. Scientific novelty : The author has examined the existing regulatory framework regarding AI systems and devices with digital elements, highlighted the risks of the current legal framework, and suggested possible amendments to the existing regulatory proposals. Practical significance : The article can be employed to update the existing proposals for the AI Act and the Cyber-resilience Act.

Conscientious objection to assisted suicide. Switching the rule.

In the last years the legal weight of the sick person's autonomy has been increasingly promoted, and many countries have today legislations allowing euthanasia and/or assisted suicide within the law. Even though assisted suicide could cause discomfort to the sick person, it has been often preferred, in order to balance the right of doctors to have respected their ethical and deontological principles with that of sick people to put an end to their suffering. In line with the need to keep in balance the deontological rules of medicine and the rights of sick people, it would be appropriate to shift from the current legal framework considering physician assisted suicide as an obligation for the doctor, having the conscientious objection as an exception, to another that does not envisage physician assisted suicide as an obligation of the doctor considering a "conscientious willingness" as an exception.

Uptake of BRCA1/BRCA2 predictive genetic testing in an Irish population is low: a missed opportunity.

Predictive testing for BRCA1 or BRCA2 allows at-risk individuals to engage with appropriate screening and treatment services if a pathogenic mutation is identified. Previous studies have shown uptake of predictive testing to most commonly range between 20% and 40% (Table 2). This represents a missed cancer prevention opportunity. Possible explanations for this low uptake include lack of disclosure of at-risk status to relatives, lack of awareness of cancer genetics services, or patient preference. The goal of the current study was to investigate the uptake of BRCA1 or BRCA2 predictive testing in an Irish population. We performed a multicentre, retrospective analysis of 63 pedigrees from two Irish tertiary referral hospitals over a five-year period (2012-2017). Family pedigrees were reviewed to identify at-risk family members eligible for predictive BRCA1 or BRCA2 mutation testing as per international guidelines, and testing rates were determined. A total of 1048 eligible individuals were identified, 318 (30.4%) proceeded to BRCA1 or BRCA2 germline testing including [215 (37.5%) females and 99 males (21.5%)]. Women were significantly more likely to test than men (T= 3.7, p< .0002). Uptake of testing was significant higher amongst first-degree relatives 45% (150/323) compared to 20% (50/258) amongst second degree relatives, and 10 % (33/317) amongst more distant relatives (F= 25.32, p < 0.00001). Uptake of BRCA1 OR BRCA2 mutation testing in Ireland is suboptimal, particularly amongst Irish males and distant relatives. Further research is needed to identify strategies which may improve uptake within current legal and ethical frameworks.

Revenge pornography on the internet

Revenge pornography, which is mainly understood as the publication of nude or intimate picturesof another person without their consent, is a phenomenon that is increasing in occurrence andconstantly changing in the manner in which it is carried out. In Kenya, due to the absence of aproper regulatory mechanism, perpetrators continue to carry out their activities with resoundingimpact and devastating effects on the victims. This article uses discourse analysis to explore themotivations behind non-consensual pornography, reasons and motivations for its prevalence,which include revenge and punishment, entertainment/fun, the sexual objectification of women,“slut shaming”, and denigration of the victim’s character. The paper also looks at the legal andgendered aspects that allow the vice to continue being perpetrated. These include the lack ofclearly defined laws that capture the various forms that revenge pornography can take and thelack of well-trained legal officers and law enforcers who can handle reported cases of revengepornography. The article argues in favour of reform of the current legal framework in order toaddress non-consensual pornography as mediated by the tools of digital technology. This includesa clear legal definition of revenge pornography.

Exploring Children’s Views and Experiences in the Frontline of Poverty in Catalonia: A Qualitative and Participatory Approach

One in three children and adolescents is currently living in poverty in Catalonia. Most specialised research has been concerned with assessing and questioning current legal frameworks and policies to combat child poverty mainly through quantitative approaches. However, these approaches neglect the specific experiences, perspectives, and visions of children and their potential to provide important clues for the design and evaluation of policies to eradicate poverty. It is also uncommon to include the experiences and views of social intervention staff who often work in situations of extreme budgetary reductions with remedial—not transformative—models. The article presents some findings from a qualitative study commissioned by UNICEF to explore this double experience from the point of view of its protagonists on the front line, drawing on fieldwork carried out before the Covid‐19 pandemic that aggravated the living conditions of the most vulnerable sectors of society. The results show a shared perception of the impact of material deprivation in all spheres of life, but also diversity in coping perspectives and understanding of the structural factors that cause inequality and poverty, as well as the possible responses to overcome them. They also reveal the need to further explore child poverty as a gendered experience.

Human Trafficking in Pakistan: A Qualitative Analysis

The research article aims to evaluate the various causes of domestic and international trafficking of girls, women, and children in Pakistan, as well as the scope and nature of the problem. Additionally, this study aims to pinpoint the most vulnerable demographic in Pakistan. First, the article will explain the concept of human trafficking then the research will be tried to analysis on the different forms of human trafficking in Pakistan. Secondly, the article will analyse the current legal framework for human trafficking and the challenges facing this legal system in implementation. It has been applied to the following article's qualitative research methodology. The findings of this research have broad practical ramifications, including suggestions for identifying the causes of this kind of trafficking and, in turn, learning which societal segments are more susceptible to both domestic and international trafficking. According to the study, internally displaced people are frequently more vulnerable to this threat.

Compensation for farms compulsorily acquired for mining in Ghana: an analysis of the laws, compensation practices and valuation methods

PurposeThis paper aims to examine the compensation practices and the valuation methods valuers apply in the context of the current legal framework for expropriation to assess compensation for farms impacted by mining in Ghana.Design/methodology/approachCompensation reports and archival materials were examined to identify the issues related to the valuation methods, compensation practices and expropriation procedures in the mining sector. Interviews were then conducted with 35 farmers and farmers' representatives, officials of mining companies, representatives of the Land Valuation Division of the Lands Commission and valuers/researchers on the issues identified through the document analysis.FindingsThe results reveal that the lack of express standards for assessing compensation for mining-impacted crops has occasioned variations in the valuation methods and the standard crop population for compensation. The study further reveals the impacts of exchange rate distortions on crop compensation values.Practical implicationsThe study empirically substantiates the arguments for a revised compensation regime in Ghana's mining sector. Valuers, mining companies and policymakers' awareness of this research will impact farm compensation valuation practices in the future.Social implicationsThe adequacy of compensation for mining-impacted farmers remains a topical issue, especially in African countries. This research contributes to the literature and reveals the socio-economic impacts of the current compensation regime on the livelihoods of expropriated farmers.Originality/valueThis paper is the first to analyse the valuation methods, the compensation values and the key parameters valuers apply in assessing compensation for mining-impacted crops in Ghana.

СОЦІАЛЬНО-ЕКОНОМІЧНІ АСПЕКТИ СФЕРИ ОХОРОНИ ЗДОРОВ’Я У КРИЗОВИХ УМОВАХ

In the context of reforming the health care sector, which the Government initiated back in 2015, the onset of political and financial crises, and later the military situation in the east, the COVID-19 pandemic and, as a result, the situation of the mismatch of social development with economic transformation, there is a need to improve the organization financing of healthcare institutions of Ukraine. After all, in these conditions, budget funds are not enough to cover all the costs of medical institutions, so there is a need to find additional sources of financing and to combine financial flows. The purpose of the article is to research new approaches to financing the healthcare system in Ukraine. In the process of carrying out the research, general scientific theoretical methods were used: system analysis - to clarify the main categories of the research; abstract-logical method - to make theoretical generalizations and conclusions about the essence and role of public finances, graphic method - to give a visual presentation of the mechanism for ensuring the financial security of the state. The article examines the main needs for transformational changes in the system of state health care management, reveals the task of reforming the health care system and the need for its financial support. Changes in the financing of medical institutions based on their transformation from budget institutions into medical communal non-profit enterprises were studied. Health care sector expenditures in Ukraine and current costs of health care institutions were analyzed. The key problems of public health protection are identified and ways to solve them are suggested. The article highlights modern approaches to financial support of medical communal non-profit enterprises. Financial provision of health care is considered as a method of a financial mechanism that determines the principles, sources and forms of financing the business entities whose activities are aimed at protecting, preserving and strengthening health. It requires further improvement of the government's course and increasing the effectiveness of reforms in the health care system, the mechanism for financing expenses for its maintenance and development, improving measures to financially strengthen the functioning of communal non-commercial enterprises, revision and improvement of the current legal framework in the field of health care.

Knowledge, Attitudes and Practices towards Sexual and Reproductive Health and Rights of Girls among Colombian Healthcare Professionals.

This research aims to determine knowledge and attitudes towards sexual and reproductive health and rights of adolescent girls among healthcare professionals working at Café Madrid and Colorados health centers, which are highly vulnerable neighborhoods in Bucaramanga, Santander. To this end, in-depth interviews were conducted with a total of eight healthcare professionals from the above health centers using a script based on WHO recommendations on adolescent sexual and reproductive health and rights and recommendations by the DAPRE-Presidential Council for Women’s Equity—CedaVida Foundation. Healthcare professionals were found to have proper technical and legal knowledge, especially regarding comprehensive care packages for survivors, as well as a gender perspective in their professional practice aimed at achieving equity. Knowledge and experience with sexual and reproductive health and rights provide insight into women’s health from unrestrained choice of contraceptive methods to procedures such as abortion within the current legal framework. Their professional work is also affected by potential barriers that may limit their actions when putting their knowledge into practice.

Safeguarding Built Heritage: Economic and Financial Aspects

The architectural heritage is one of the structural elements of the nation with an enormous energy potential for spiritual development and national consciousness in the multitude of nations, and ethnic groups in the world; as well as an anchor in the wave of change generated by the globalization process. A major impediment to safeguarding the pact is the lack of financial means. The protection and maintenance of architectural monuments were and are expensive. In this research, the authors set out to examine the experience of different countries on how to finance rehabilitation, restoration, conservation, maintenance and/or revitalization of built heritage. Economic aspects of heritage safeguarding applied in the Netherlands, Romania, Russia, Turkey, the USA are examined. Economic and financial measures for safeguarding heritage are identified at the country, municipality (locality) and object level. The state of the existing built heritage in the municipality is analyzed. Chisinau, the capital of the Republic of Moldova, has the economic situation and the existing potential within the current legal framework. The correlation between the state of the object, the type of intervention required and the potential, sources, and financing modalities are highlighted. The opportunities and impediments to the implementation of economic and financial measures to safeguard the heritage in the conditions of the Republic of Moldova are assessed.

Investments in Offshore Structures from a German Perspective – Selected Aspects

The purpose of this article is to analyse the current legal framework regarding offshore constructions in Germany. The regulations examined relate to construction of offshore installations in the German exclusive economic zone. Subsequently, the possibility of construction of offshore installations on the high seas is considered. At the beginning of the article, the current situation of investments in renewable energies is presented. International rules play a special role in offshore investment opportunities on the high seas. After exploring these general issues, the article focuses on German offshore regulations. As a final step, the current regulations relating to floating wind turbines are presented and evaluated.