Current Legal Framework Research Articles

Regulatory Gaps in Pharmaceutical Waste Management: A Case Study of Malaysia

Recent scientific studies emphasise the detrimental effects of pharmaceutical residues, such as antibiotics and endocrine disruptors, on aquatic ecosystems, biodiversity, and human health. Improper disposal of pharmaceutical waste poses several risks, including the development of antimicrobial resistance and hormonal imbalances. This paper reviews Malaysia’s federal regulations on pollution and waste management to identify gaps in addressing pharmaceutical pollutants. A content analysis approach was employed, involving transcribing, reading, coding, categorizing, and identifying themes within the textual data. Recurring themes were then used to highlight gaps and opportunities for improving pharmaceutical waste management within the existing legal framework. The study discovered that while the current legal framework effectively manages pharmaceutical waste from point sources like healthcare facilities and manufacturing sites, there is a significant regulatory gap concerning household pharmaceutical waste. Such waste is neither regulated under environmental pollution laws nor included in hazardous or solid waste management regimes, posing a considerable risk to the country’s environment. The study recommends adopting extended producer responsibility to improve household pharmaceutical waste management and highlights the potential role of solid waste legislation in achieving this goal. By prioritizing pharmaceutical waste regulation and adopting proactive environmental protection measures, Malaysia can safeguard public health, ensure a cleaner ecosystem, and strengthen its commitment to sustainable environmental management. The study also noted that many developed nations have already integrated pharmaceutical markers into their water quality monitoring standards. Therefore, Malaysia should begin monitoring emerging pharmaceutical pollutants as well. Updating the National Water Quality Index to include pharmaceutical residues will further enhance efforts to protect the environment.

MALOLJETNIČKO PREKRŠAJNO PRAVO U BOSNI I HERCEGOVINI - RAZVOJ PREKRŠAJNOG PRAVA I ANALIZA PRAVNOG OKVIRA

Juvenile delinquency is a social phenomenon characterized by socially unacceptable behaviors of minors. In a narrower sense, it refers to unlawful behaviors of minors that are criminalized as offenses under the criminal legislation of a state, while in a broader sense, it includes not only criminal offenses but also other forms of behavioral disorders, i.e., so-called risky behaviors of minors (committing misdemeanors, violating moral norms, and other socially unacceptable behaviors). Juvenile misdemeanor law contains norms that establish the age threshold for juvenile misdemeanor liability, the system of misdemeanor sanctions for juveniles, and other measures that can be applied to juvenile offenders. This paper aims to present the development of misdemeanor law and the current legal framework of juvenile misdemeanor law in Bosnia and Herzegovina, which consists of regulations enacted at the state level, the entities of the Federation of Bosnia and Herzegovina and the Republic of Srpska, as well as the Brčko District of Bosnia and Herzegovina.

АНАЛІЗ НОРМАТИВНО-ПРАВОВОЇ БАЗИ ІНФОРМАЦІЙНО-АНАЛІТИЧНОГО ЗАБЕЗПЕЧЕННЯ СИЛ БЕЗПЕКИ УКРАЇНИ: АСПЕКТИ ДЕРЖАВНОГО УПРАВЛІННЯ

The article analyzes the current legal framework for information and analytical support of the security forces of Ukraine, as well as foreign experience in legislative approaches to information and analytical support of law enforcement agencies and special services. Improving the regulatory framework for information and analytical support of the security forces of Ukraine is key to increasing the effectiveness of national defense and security, and therefore requires a comprehensive approach, taking into account many factors that affect the security component. This is a comprehensive approach that includes legislative, technical and organizational measures. The problematic aspects of the regulatory framework for information and analytical support of the security forces of Ukraine and ways to overcome them are identified.

Analysis of Legislative Framework Governing Biometric Data

Biometrics has permeated modern technology, particularly within mobile devices, integrating into daily life. From the 14th century, biometrics has served as a foundational method for security, aiding in criminal identification through physical characteristics records. Advancements in technology have propelled the evolution of precise and automated systems for analyzing facial, vocal, and ocular biometrics. Major tech companies have adopted biometrics as the primary mode of user authentication, catapulting biometric security into the forefront of cybersecurity discussions. Despite the promising future of biometrics, governments worldwide are grappling with the challenging task of regulating the handling of biometric data. Mismanagement of biometric data could pose significant security risks to both individuals and public safety. Therefore, it is crucial to implement comprehensive regulations and legislative reforms to safeguard privacy and security in the era of biometrics. Towards this goal, this paper contributes to the discourse by identifying security and privacy issues related to biometric data. It conducts a comprehensive analysis of current legal frameworks governing biometric data through the lens of the CIAAA (Confidentiality, Integrity, Availability, Authenticity, and Accountability) security framework. Additionally, it highlights emerging trends and outlines the implications for future policymaking and technological advancements in this field.

Legal Challenges and Considerations in Implementing Telemedicine Services

Through this paper, I examine the legal and ethical issues surrounding telemedicine in India, with the goal of helping to develop a robust and compliant telemedicine framework. I analyzed the current legal framework in India, based on the Telemedicine Practice Guidelines, Medical Council Act, and Information Technology Act. The study found gaps regarding licensing, liability, credentialing, and data privacy without comprehensive data protection laws. Ethical issues were also explored, including informed consent, equitable healthcare access, patient privacy, and maintaining care quality in virtual consultations. The research identified a significant gap in existing literature on the legal and ethical complexities of telemedicine specifically in the Indian context. Recommendations were proposed to address these challenges, such as improving data protection laws, establishing a clear liability framework, harmonizing telemedicine regulations across jurisdictions, and promoting public-private partnerships. Leveraging advanced technologies like blockchain was highlighted to expand telemedicine services while ensuring patient data security. This study aims to guide policymakers, healthcare providers, and telemedicine platforms in developing an ethical, secure, and accessible telemedicine ecosystem in India, thereby improving healthcare quality while safeguarding patient privacy and data security.

Цифровизация строительства объектов ТЭК

The advent of new technologies and the evolving economic landscape have prompted a need to rethink the existing regulatory framework governing market players. Digitalization forces to create new legal mechanisms for regulating emerging economic relations. These include the development of normative legal acts that strike a balance between ensuring the public interest and business development, the introduction of new institutions or the modernization of existing ones, and the broad integration of various spheres of social life. The current legal framework presents shortcomings that create difficulties in introducing new technologies into the economy. This article will examine the existing legal issues of surrounding the use of new technologies in the construction of fuel and energy infrastructure facilities. It will focus on the legal nature of BIMmodeling, tort liability in the application of technologies in the construction/design process, and the problems of widespread introduction of smart contracts in construction activities. In preparing this scientific article, we relied on normative legal acts regulating the introduction of new technologies in economic activity, a small amount of judicial practice reflecting the current attitude of the judicial system to the legal regulation of new technologies, developed concepts reflecting the main areas of activity in the development of digitalization, and news portals. The following scientific methods were employed in the research process: analysis, comparison, description, interpretation, synthesis, abstraction, and analogy. This paper presents the current discussions on the mentioned problems of digitalization in the construction of facilities of the fuel and energy complex. It addresses the need/absence of the need for detailed legal regulation, the legal nature of the ‘liability’ of objects of digitalization, and gaps in the current legislation in terms of regulating the mechanism of smart contracts. The existing legal regulation issues surrounding digitalization in the construction of facilities of the fuel and energy complex, as outlined in this article, require a comprehensive solution that strikes a balance between economic development and effective legal regulation.

Addressing climate-induced migration: Challenges and opportunities in EU’s legal and policy framework

Climate change has emerged as one of the most pressing, unresolved concerns in the 21st century, which as of the moment still lacks a definite resolution. Whilst the ecological threats do exist well within the public consciousness, a new foe has been born as the result of the same: the issue of climate-induced migration. The adverse effects of climate change, be it droughts or flooding, have left several communities all over the world scrambling to abandon the very place they call home. The victims are left to embark on a search for safer and more habitable environments to begin their lives anew. This has given rise to an increasing humanitarian crisis, but not due to war, persecution, or political instability; but due to ever-worsening ecological concerns which the entire planet is increasingly reeling from. Valuable support efforts by the international community non-withstanding, these “climate migrants”, still lack the necessary legal status and comprehensive protection within the current legal framework of the European Union (EU). Their efforts to gain asylum are being thwarted by a legal system, which as of now, is woefully under-equipped to handle the same. The study attempts to expand the conversation in this regard, by conducting doctrinal research on the present gaps in the existing international and new EU legal frameworks related to asylum and refugees. With the help of case studies in the Asia-Pacific region, the paper critically assesses the same, contributing valuable insights to the ongoing discourse on climate-induced migration and advocating for a more inclusive and adaptive legal framework to ensure the protection of the rights of climate migrants.

The Efficacy of the Introduction of LLPs in Zambia: Lessons from Kenya and the United Kingdom

Design/methodology/approach –The study is a culmination of desk research in inter alia, statutes, case law, textbooks, journal articles, etc. Purpose-There are different forms of business associations that can be formed for the purpose of conducting business activities in Zambia and among them are partnerships which are regulated by the British Partnerships Act of 1890, an archaic and outdated law. The Partnerships Act of 1890 has several shortcomings which render it insufficient and ineffective in today’s business environment. The study discusses the current legal framework and shortcomings of partnerships in Zambia. Findings-For instance, individuals who would like to form a business association in which they can enjoy limitation of liability cannot establish a Limited Liability Partnership (LLP) in Zambia, instead, they would have to incorporate a company because Zambia lacks legislation for LLPs. Originality/value-This research paper highlights the benefits of LLPs, by drawing lessons from Kenya and the United Kingdom. In addition, the study recommends the creation of legislation and a regulatory framework to guide Limited Liability Partnerships in Zambia because none exists.

Impact of Legal Awareness and Economic Conditions on the Incidents of Domestic Violence on Women and Children in India

Domestic violence against women and children is a pervasive issue in India, with deep-rooted social, economic, and psychological implications. This research paper explores the intersection of legal awareness and economic conditions in shaping the incidence and reporting of domestic violence in India. It focuses on understanding how a lack of knowledge regarding legal rights, coupled with adverse economic circumstances, contributes to the perpetuation of violence in homes. Additionally, it employs the biopsychosocial model to analyze the multifaceted impacts of domestic violence on victims, encompassing biological, psychological, and social dimensions. Through an examination of the current legal framework, economic disparities, and social stigma surrounding domestic abuse, the paper aims to provide insights into how enhancing legal awareness and improving economic conditions could mitigate the occurrence and effects of domestic violence on women and children in India.

THE ROLE OF DIGITAL TECHNOLOGIES IN THE DEVELOPMENT OF PUBLIC MANAGEMENT OF ADVERTISING ACTIVITIES AND COMMUNICATION POLICY FOR THE FORMATION OF STATE SECURITY

The influence of digitalization on the communication and advertising policy of the state in the context of increasing public influence and the formation of the security system is studied. It was emphasized that it is important to systematically monitor the effectiveness of communication and advertising strategies and measures used by the state to interact with the public and form a positive social influence and the appropriate level of the state. We believe that studying the impact of advertising in official publications (in particular, Internet advertising) on the public allows us to assess how government communication affects the public, its awareness and perception. Identification of insufficiently transparent or unreliable practices of communication policy, which can help identify cases of misinformation, unreliable communication and contribute to the improvement of communication policy, increasing public trust in the actions of the state. In this context, the current legal framework of Ukraine in the field of advertising and communication activities was analyzed. It is recommended to use new technologies and communication tools, improve transparency, ensure access to information and increase activity in interaction with the public and increase your influence on society through the introduction of effective strategies and measures of advertising and communication policy. It was determined that the state's active use of advertising, mediatization, mass media and social networks, establishing relations with journalists, publishing press releases on websites, as tools of communication with the public, ensures participative management, involvement of the public in dialogue.

Application of Contra Legem Principles in Judicial Rulings on Joint Property Characteristics

This article examines the nuanced application of the contra legem principle by judicial panels in the adjudication of community property cases, particularly in the context of marital property. It highlights the evolving legal landscape and the importance of equitable distribution in contemporary law, underscoring the need to understand judicial reasoning in an era increasingly focused on fairness and gender equality. The study closely examines cases from religious courts, highlighting a trend in which judges have awarded a disproportionate share of community property to wives. This observation raises important questions about the balance between legal norms and the pursuit of equity in family law, and provides a critical lens through which to explore the dynamics of asset distribution and its broader implications in current legal frameworks. The research aims not only to outline judges' distribution formulas, but also to offer insights into why such decisions are increasingly relevant in today's legal discourse, marking a significant shift toward recognizing the complexities of marital property division. This study uses qualitative research methods with a legal descriptive analysis approach. A thorough legal source is case number 413/Pdt.G/2021/PA.Tng and a number of other legal materials related to the author's research topic. The results of the study show that the panel of judges applied the contra legem principle in deciding this matter based on sociological considerations and distributive justice.

Bangladeş Hukuk Sisteminde Şüf'a ‘Önalım’ Hakkı Uygulamasının İslam Hukuku Çerçevesinde İncelenmesi

The Shufʻah ‘preemption’ law, a significant component of Islamic Shari'ah law, safeguards the rights of land partners and neighbors. Originating in 622 AD, it has played a crucial role in Muslim empires for over 1400 years. In response to contemporary challenges, such as fragmented land transactions and decreasing per capita land availability, modernizing land management laws, including pre-purchase rights, is essential. This article examines the Shufʻah Law's dimensions and compares Bangladesh's current national legal framework. Pre-emption rights empower co-sharers to acquire land before others, with consent or waiver paving the way for third-party acquisition. In Bangladesh, three legal approaches to pre-emption exist: the Muslim Law Approach, the State Acquisition & Tenancy Act 1950 Approach, and the Non-agricultural Tenancy Act 1949 Approach. The research relies on the viewpoint of the Hanafi school, which holds significance in Bangladesh's family law owing to the widespread adherence of the majority to this specific Madhab. In addition, the study seeks to explore the legal standing of the right of pre-emption in Bangladesh through the lens of Islamic law, provide solutions to this matter, and assess the feasibility of integrating pre-emption law principles into contemporary land law practices.

Digital Divide as a Clog in the Wheel of Digital Economy: What Options for Nigeria?

The rise of the digital economy, fuelled by technological innovations and digitalisation, has revolutionised every aspect of society and the economy. Unfortunately, the digital divide in Nigeria is hindering many citizens from participating in this new economy due to a lack of access to digital resources. To address this issue, this paper employs the doctrinal research methodology to provide a comprehensive overview of the digital economy. The paper evaluates the extent of the country's digital divide and identifies the factors contributing to its widening. It analyses the current legal and policy frameworks to bridge this gap. Ultimately, the paper recommends greater investment in telecommunication and electrical infrastructure, improving data availability and affordability, connection quality, and allocating more resources to digital education to encourage the development of locally relevant content and applications in languages. It concludes that bridging that divide will require targeted regulatory and policy initiatives recommended herein.

Analysing Working from Home Provisions in the Amended Employment Act 1955 and Lessons from the UK

The Employment Act 1955 (EA 1955) has undergone a recent change that has added new rules pertaining to flexible working arrangements (FWA) in Malaysia. This could be seen by some employee groups as an appropriate legal response to their demands for the ability to work from home (WFH). But it's unclear how well-founded this viewpoint is and how much the new laws and regulations will have an impact on WFH settings. Thus, the purpose of this research is to examine the idea of WFH, which is included in FWA models, as well as the extent to which the current legal framework—basically, the new statutory requirements included in the EA 1955—regulates employees' ability to request WFH. Drawing a concise comparison with laws and practices in the UK, the aim is to identify commendable practices, enabling the formulation of recommendations to enhance the local legislations. This paper is a doctrinal legal research that critically analyse both legal sources and non-legal sources to investigate the intended objectives. The study reveals that, as of now, there is no clear direction regarding the overall regulatory framework concerning FWA and WFH in Malaysia. This lack of clarity is attributed to the recent enforcement of laws on FWA, specifically WFH, since January 1, 2023. Notably, supplementary regulations complementing the existing provisions in the EA 1955 have yet to be introduced. Consequently, the actual impact of the law remains inconspicuous. Moreover, the existing statutory provisions are considered relatively vague potentially leading to various issues. The research further found that, good practices and legal provisions from UK jurisdiction in governing the right of employees to request WFH arrangement would have offered useful guidelines in enhancing the practices and governance of the WFH model.

AUTONOMOUS WEAPON SYSTEMS AND THE JUST WAR THEORY: CHALLENGES AND IMPLICATIONS

Autonomous weapon systems (AWS) present a formidable obstacle to the application of just war theory in international law. While just war theory has long served as a framework for assessing the moral and legal justification of armed conflict, the lack of human control over the use of force in AWS creates unique ethical and legal challenges. This article investigates the effects of AWS on just war theory in international law, including the application of jus ad bellum and jus in bello criteria. It discusses the benefits and drawbacks of AWS, the current legal framework for these systems, and the difficulties associated with applying just war theory criteria to AWS. The article concludes with recommendations for future research and policy development to address these challenges, including the need for additional research, the development of clear legal frameworks, international cooperation and coordination, public participation and awareness, and research on alternative approaches to the use of AWS in armed conflict. By addressing these concerns, researchers can work toward a future in which the development and use of AWS are consistent with the principles of the just war theory and international law

Характеристика професійної компетентності вчителя-логопеда інклюзивноресурсного центру

This article highlights and analyzes modern views on the professional competence of a teacher-speech therapist of an inclusive resource center. The effectiveness of the speech therapist teacher in the inclusive resource center depends on the level of formation of his professional competence, which in turn is a complex integrative education. The term "competence" (from the Latin "competentes", "competentis" – appropriate, capable) indicates a set of relevant knowledge, which is necessary for effective professional activity, and also implies the mastery of skills, experience in a certain field. The scientific research carried out by us gave grounds for defining the term "professional competence of a speech therapist teacher, specialist of an inclusive resource center" as a system of necessary knowledge, abilities and skills, which are necessary for effective diagnostic, corrective and developmental, and informational and educational activities, and also provides mastering the skills, experience of activities in the IRC on stimulating and correcting the speech development of children with special educational needs. The definition of basic categories in the theory of professional training of educational specialists represents the diversity of the concepts of "competence" and "competence". Competence is a range of issues, problems, in the solution of which a person has certain powers, knowledge, and experience. The analysis of scientific research and publications made it possible for us to distinguish various types of competences of a speech therapist teacher (specialist (consultant)) of an inclusive resource center: inclusive-corrective, psychological-pedagogical, communicative, informational, normative-legal, socio-economic, multicultural, professional. Inclusive and corrective competence is a system of knowledge of the theoretical and methodological principles of organizing inclusive education and corrective and developmental activities, as well as programs of developmental work with children with special educational needs and typical curricula of special schools (for children with speech disorders). Thus, competence is a system of problems, questions, and tasks for the solution of which a specialist is empowered. Therefore, competence is a much broader concept than competence and aims to have the competencies to perform certain tasks and functions, which are regulated by the job description. For this purpose, a speech therapist must be distinguished by a system of knowledge of the theory of correctional pedagogy, speech therapy, psychology, etc., as well as possess the ability to effectively apply in practice, systematically familiarize himself with the current regulatory and legal framework, new methods of performing correctional work. The conducted analysis is the basis for the conclusion that the professional competence of a speech therapist teacher (specialist (consultant)) is a conglomerate of theoretical knowledge and practical skills, which improves with the presence of the third component - positive experience of practical activity.

Reflections on Japan’s participation in negotiations of the global plastic pollution instrument under international environmental law

International negotiations towards a legally binding instrument on the global plastic pollution have obtained wide-ranging attention from international community. It is revealed that Japan has taken a conservative but proactive stance during negotiations. This study overviews Japan’s current legal framework on the management of plastic pollution including land and the sea. On this basis, the paper then analyzes Japan’s stance in the negotiations to examine the issues that are of most concern to Japan in international cooperation towards ending plastic pollution. It will further analyze Japan’s views on the legally binding instrument’s framework, operational mechanism and key components from the perspective of international environmental law. And it will also summarize Japan’s specific claims and objectives in the negotiations, and provide an evaluation of Japan’s stance.

Juridical Examination of Foster Care in Malaysia: Navigating Legal Dimensions

oster care plays a crucial role for children in Malaysia who lack a family environment, making it challenging for them to stay with their biological families. This study examines foster care as an alternative care option for children in Malaysia, delving into its concept, legal aspect as well as international and Islamic perspectives. The aim is to identify ways to enhance foster care within Malaysia's child protection system, focusing on abandoned and parentless children. The Child Act 2001 and the practice of the Department of Social Welfare oversees foster care, aiming to provide family-based care and reunite children with their families whenever possible. Using a qualitative approach, the study uncovers shortcomings in the current legal framework. Despite limited provisions for foster care in Malaysia, the emphasis is on bolstering legislation by improving resources and support for foster parents, implementing standardized training, strengthening monitoring, and fostering collaboration among agencies. These efforts are crucial for ensuring positive outcomes and the well-being of fostered children in Malaysia.

Legitimacy of Smart Contracts Written in Encrypted Code on Blockchain Technology Under Current Contract Law: A Comparative Study

Abstract: Using smart contracts as a new technology for online contracting has become the best option today when working in non-trustworthy environments to execute automated irreversible agreements. However, such contracts have issues relating to the language used for expressing the obligations of the involved parties. Additionally, smart contracts have no legal recognition of blockchain as a means of record-keeping for smart contract transactions. Parties engaged in smart contracts face difficulties in terms of incompatibilities with current legal frameworks. The objective of this article is to evaluate the legality of smart contract language and the validity of blockchain as an electronic medium from the perspectives of current laws. This article adopts a qualitative doctrinal legal research approach. The findings indicate that there is a need to enact laws that recognise the language used for smart contracts and the transactions recorded on the blockchain.

Voluntary Guardianship Notarization: China’s Legal Remedy to Support Self-determination and Decision-making for Incapacitated Older Adults

In lieu of a comprehensive adult guardianship law, voluntary guardianship notarization has become the main route to support the self-determination, autonomy, and decision-making of incapacitated older adults in China. This article is a first attempt to provide an overview of recent developments and current forms of voluntary guardianship notarization initiatives in mainland China. Besides highlighting the difficulties and challenges faced by the country, this article also outlines the types of guardians under the current legal framework, identifies the social functions of the notary office in adult guardianship socialization, and sets out the emerging initiatives to support decision making for incapacitated older adults.