Current Legislation Research Articles

Principle of scientific support of rulemaking and construction of criminal law norms

The article highlights the issue of the principle of scientific support for the construction of criminal law provisions as one of the fundamental principles of rulemaking in the field of criminal law. This principle is based on the legislator’s obligation to adhere to the scientific approach and scientific methods at all stages of the rulemaking process, and this implies that such criminal law rulemaking decisions should be made which correspond to the level of scientific development of the relevant issue in the theory of criminal law and guarantee the actual implementation of the principle of legality in rulemaking in this area. The author suggests that in order to fully realize the potential of the principle of scientific support for rulemaking in the field of criminal law, it is advisable to combine its use with the principle of practical compliance of criminal law provisions and the possibilities of their application. This principle should be taken into account both in the process of updating criminal legislation in general and in the development of individual criminal law provisions. The principle of scientific support for the construction of criminal law provisions may not be taken into account when adopting laws of Ukraine on criminal liability in an extraordinary period, as exemplified by the beginning of the full-scale invasion of Ukraine by the Russian Federation. The need for an immediate state response to such global threats by adjusting the current criminal legislation without observing the principle of scientificity is exceptional. As a rule, the adoption of new criminal laws without observing the principle of scientific evidence results in low quality criminal law provisions that are not able to ensure their effective application. The principle of scientific support should be implemented both during the scientific examination of draft criminal laws and during the scientific support of the entire rulemaking process.

Europeanisation of environmental protection through criminal law

Abstract This article focuses on the European legal framework for environmental protection, in particular through criminal law. Given the societal need to reconcile technological development with the protection of natural resources and the environment in general, this is a highly relevant issue. The aim of this article is to describe and examine the current European legislation in the field of the environmental protection through criminal law, employing descriptive, analytical and synthetic methods. The article first discusses the history of environmental policy in public international law and European law, where initially the legal instruments of criminal law were not used. Subsequently, the author examines the current legal framework and, finally, considers its future. In the last parts, the article addresses the secondary law of the European Union, namely the Directive of the European Parliament and of the Council on the protection of the environment through criminal law of 2008 and the new Directive of the European Parliament and the Council on the criminal law protection of the environment of 2024. However, other decisions, directives and case law relevant to the issue are also covered. Overall, this is a unique article mapping all the essential legal instruments in the field of European environmental protection through criminal law. The author highlights the importance of protecting the environment through criminal law, but also emphasises the necessity of applying one of its basic principles, i.e., ultima ratio.

ADAPTATION OF THE WORLD EXPERIENCE OF CONSTITUTIONAL JUSTICE IN THE REPUBLIC OF KAZAKHSTAN

The study contains an analysis of theoretical and practical issues of adapting the world experience of constitutional justice to the national legal system of the Republic of Kazakhstan. Based on general scientific and special scientific methods (historical and legal analysis, structural and functional, comparative legal, regulatory and others) the article discusses the experience of the best world practices, different jurisdictions, an attempt was made to create a model of constitutional justice that meets modern requirements in the Republic of Kazakhstan, aimed at the effective protection of human rights.The institution of constitutional control, which is constantly in different phases of transformation, is adapting in the legal systems of the states of the young democracy. The article presents a study of the adaptationof world experience in the development of the institution of constitutional control into the national legal system of the Republic of Kazakhstan. Issues of imperfection of the current legislation of the Republic of Kazakhstan regulating public relations related to the organization of constitutional proceedings, as well as ensuring effective practice of its application, have been identified.The study contains a number of practical proposals for improving the status and competence of the Constitutional Court of the Republic of Kazakhstan. In the orbit of the results -recommendations on expanding the powers of the constitutional control body to check for compliance with the Constitution of the newly adopted constitutional laws, as well as laws introducing amendments and additions (according to the mandatory procedure); to limit the powers of the President to challenge any existing legal acts in the Constitutional Court, to give the Constitutional Court the right to check for compliance with the Constitution of the existing international treaties of the Republic of Kazakhstan, as well as the official interpretation of the norms of constitutional laws on its own initiative, or at the request of the Supreme Court of the republic.

Problematic aspects of attorney’s participation in pre-trial investigation under martial law

According to Article 59 of the Constitution of Ukraine, everyone has the right to legal aid. In cases provided for by law, this assistance is provided free of charge. Everyone is free to choose a defender of their rights. The Bar operates in Ukraine to ensure the right to defense against accusations and to provide legal assistance in resolving cases in courts and other state bodies. These provisions of the Constitution of Ukraine are duplicated in Article 20 of the Criminal Procedure Code of Ukraine. According to this provision, a suspect, accused, acquitted, or convicted person has the right to defense, which consists in providing him or her with the opportunity to provide oral or written explanations regarding the suspicion or accusation, the right to collect and submit evidence, to participate personally in criminal proceedings, to use legal assistance of a defense counsel, and to exercise other procedural rights provided for by the CPC of Ukraine. Thus, the direct duty of law enforcement agencies is to protect the legitimate rights and freedoms of a person regardless of his or her gender, nationality, language, citizenship, age, social origin, political beliefs, etc. At the same time, the protection of the rights, freedoms and legitimate interests of a suspect, accused, defendant, acquitted person, a person in respect of whom compulsory medical or educational measures are to be applied or the issue of their application in criminal proceedings is being decided, a person in respect of whom extradition to a foreign state is being considered, as well as a person being brought to administrative responsibility during the consideration of an administrative offense case is carried out by an advocate. This is, in particular, stated in the Law of Ukraine «On the Bar and Practice of Law» № 5076-VI of July 05, 2012. Taking into account the above provisions, it is important to identify and analyze the problematic aspects of the participation of an attorney-at-law in pre-trial investigation in accordance with the current legislation of Ukraine in the context of the introduction of martial law in Ukraine (Decree of the President of Ukraine «On the Introduction of Martial Law in Ukraine» approved by the Law of Ukraine of February 24, 2022 № 2102-IX).

Experimental study of the effects of a particle filter in front of automotive radiator on its cooling performances and cooling drag

According to the World Health Organization (WHO), air pollution is the single greatest worldwide health risk especially in urban environments. In these areas, the vehicle traffic significantly contributes to the fine dust concentration in the ambient air. While the current legislation focuses mainly on the exhaust emission of vehicles, 85% of the overall fine dust emissions originating from brakes, tires, and road abrasion are not yet regulated. In this context, an integrated particulate filter system fitted into previously unused installation spaces in frontend of a vehicle in front of the radiator allows to compensate a part of the particle emissions of a vehicle try to reach the neutral emission. Add filter is not without consequences for the cooling performances. This study aims to assess the impact of the particulate filter system on the radiator cooling performances and cooling drag coefficient. An experimental setup was developed to characterize an automotive radiator with and without particle filter in terms of power and velocity distribution. Cooling capacity of the radiator depends clearly of the airflow through the radiator. Filter increases the pressure drop and decreases airflow. Hence, the heat power exchange can be reduced up to 10% for a pressure drop level almost twice. The airflow inlet inside engine compartment is not beneficial for aerodynamic aspect. By increasing pressure drop, the cooling drag coefficient can be reduced up to 10% when a filter covers entirely the radiator surface. The results indicate that the filter affects the cooling capacity of the radiator, which can require modifications to the cooling system strategy.

The Importance of Discussing the History of Racism in Medical Student Education.

Racial health disparities are tightly linked to the longstanding and pervasive institution of racism. Efforts to reverse disparities begin with awareness and accountability through education. The health care workforce must be formally educated about racist practices, tools, and ideologies that perpetuate poor health outcomes. This article explores prior efforts to integrate race didactics into medical school education, addresses current legislation, and illuminates lessons learned from a single institution pilot curriculum exploring the history of racism in the field of obstetrics and gynecology. Educating medical school students about the history of racism is an important and necessary tool for positive change.

The Role of Financial Oversight in Enhancing the Efficiency of Public Spending in the Kingdom of Saudi Arabia

This study aimed to determine the extent of the impact of financial control on the efficiency of public spending in the Kingdom of Saudi Arabia to regulate corruption, reduce waste of public funds, enhance transparency, and assess the effectiveness of current financial control legislation and agencies, and the procedures included therein, to understand their responsiveness, efficiency, and their impact on diversifying income sources, reducing unemployment rates, and their effect on economic growth through the analysis and study of international and local reports and indicators regarding financial control. Additionally, this study reviews the most distinguished international experiences in financial control and how to benefit from them to enhance the efficiency of control over the implementation of the general budget in the Kingdom. This study adopts the descriptive-analytical approach to reveal the effectiveness of current financial control over the public budget in the Kingdom of Saudi Arabia, and its impact on the efficiency of spending, relying on three important indicators that represent the growth rate, unemployment rate, and diversification of income sources, through the review and analysis of international and local reports and indicators during the period covered by the Open Budget Index in the Kingdom, starting from 2008 to 2023. The study revealed the necessity of financially and administratively independent financial control agencies, granting them the necessary powers to carry out their tasks, making all administrative levels accountable, with the need for continuous updating of financial control legislation and laws in the Kingdom, activating what has recently been introduced of systems, working on integrating control agencies, in addition to the importance of exercising preventive control before preparing the budget to avoid budget deficit crises and preserve public funds. The researcher believes, through what has been discussed, that this study provides a valuable contribution to the development of financial control policies in the Kingdom of Saudi Arabia.

Nectopsyche sp (Trichoptera: Leptoceridae) sublethal effects caused by different concentrations of arsenic (As): a biochemical markers approach.

Environmental impacts related to arsenic (As) contamination are a persistent issue of particular interest in Latin American countries with increasing mining activities. In Ecuador, the redefinition of public policies to promote the increase in mining since 2008 has led to a significant rise in the presence of this heavy metal in rivers and effluents, sometimes exceeding the 0.1 mg L-1, limit recommended by Ecuadorian Environmental Regulations. This study aimed to evaluate the sublethal effects through the detection of biochemical biomarker changes (Catalase, Antioxidant capacity by FRAP, and Glutathione S-transferase) generated in larvae of Nectopsyche sp following prolonged exposure to different concentrations of As (C1 = 0.05 mg L-1, C2 = 0.1 mg L-1, C3 = 0.8 mg L-1) in a controlled environment, emulating the maximum limits allowed by current Ecuadorian legislation. While As concentration levels in water increased, so did levels in the tissue of Nectopsyche sp specimens. On the other hand, behavioral parameters (mortality and mobility) did not show differences in either time or As concentrations. However, both Catalase and Antioxidant capacity by FRAP levels tended to decrease with increasing As concentration, and in both cases, the differences were significant. Additionally, Glutathione S-transferase activity did not increase significantly. These results preliminarily demonstrate that biochemical responses change with varying As concentrations in Nectopsyche sp and are affected at behavioral and biochemical levels produced by the As at chronic levels.

Partnership Relations Between the National Police and the Community in the De-Occupied Territories of Ukraine

The purpose of the article is to determine the essence and features of partnership relations between the National Police and the community on the basis of current Ukrainian and foreign legislation, different opinions of scientists, and empirical data, as well as identify the main problems and propose effective methods of solving them in the de-occupied territories of Ukraine. The methodological basis of the study is comparative legal and systemic analysis, formal legal method, interpretive method, as well as methods of analysis and synthesis. The partnership of the National Police with the population was characterized and its features were revealed. In the context of the research topic, individual points of view of scientists regarding building an effective partnership between the police and the community were considered. Such legal categories as “occupation”, “de-occupation” and “reintegration” of territories were characterized and their features were distinguished. The problems of organization and functioning of partnership relations between the National Police and the community were considered. A conclusion was made about the importance of cooperation with active residents of the community in the de-occupied territories with the National Police in order to more effectively prevent new crimes. Taking into account the current legislation and positive international experience in this field of legal relations, optimal directions and forms of interaction between the National Police of Ukraine and public formations in the de-occupied territories were proposed.

Aceptación de herencia bajo beneficio de inventario para hijos menores de edad en el Estado Plurinacional de Bolivia

This investigation focused on proposing a bill that modifies article 1031 of the Civil Code, article 51 of the Family Code, and complements section f) of article 19 of the Notarial Law. The main objective is to establish that the acceptance of inheritance under the benefit of inventory by minor children is the exclusive competence of the Notary of Public Faith in the Plurinational State of Bolivia, in order to comply with the principle of the Best Interest of the Child. This work was based on the analysis of theoretical, empirical and statistical methods. The application of these methods made it possible to demonstrate the need to modify current legislation to guarantee compliance with the Best Interest of Children and Adolescents in the country. It is crucial to make these modifications without altering the fundamental rights enshrined in the relevant legislation, with the purpose of ensuring that the right to choose and decide is exercised in a timely, efficient and agile manner. In this way, the aim is for children and adolescents to feel that their rights are fully recognized and guaranteed.

Аналіз основних структурних елементів та показників діяльності системи охорони здоров’я україни

The article analyzes the performance indicators of the health care system for the period 2010-2019. The analysis and characterization of the main indicators of the health care system for the period 2010-2019 allowed the author to conclude that the existing infrastructure of the industry is still quite cumbersome, characterized by the dominance of specialized and inpatient medical care and the irrational use of the potential of outpatient polyclinic institutions. According to the main criteria, such as the relationship of property rights, methods of financing, the role of the state in the management of the industry, and mechanisms for stimulating medical workers and consumers of services, the domestic health care system still has signs of the Semashko`s model, which does not meet modern requirements regarding the need to use high-value medical technologies and is unable to provide high-quality medical services. The main criteria for the classification of healthcare systems are identified and the affiliation of the healthcare system of Ukraine to one of the models of medical systems has been identified. Approaches to creating a system of hospital districts in accordance with the current legislation of Ukraine are characterized. It was determined that the main tool for reforming the national health care system is the creation of hospital districts, which will ensure the provision of higher quality medical services and significantly reduce the costs of maintaining the medical infrastructure in Ukraine. At the same time, one notes that strategic planning at all levels of the national health care system should be the leading technology for the formation of an effective system of medical institutions. Keywords: health care system, system of medical institutions, models of medical systems, hospital district, hospital cluster.

Zawiłości wynalazku biotechnologicznego w świetle prawa cywilnego, podatkowego i bilansowego

The main research problem of the article is the juridical assessment of a biotechnological invention in the light of civil, tax and accounting law. The aim is to present the issue of biotechnological invention from the perspective of various areas of law, the process of shaping current legislation in this field, as well as a review of Polish and EU case law. The work presents a broader analysis of biotechnological inventions in three branches of law: civil, tax and accounting. In the context of civil law, the principles of legal protection of this type of inventions were analyzed, as well as their impact on civil law relations. The main aspects of the regulation of biotechnological inventions in Polish civil law are presented, including the criteria for granting patents, as well as issues related to intellectual property. The importance of a balance between the protection of innovation and social interests and the need to constantly adapt the law to dynamically developing biomedical technologies were emphasized. Legal analysis based on tax law showed how complex the subject of the biotechnological invention is. All theses were supported by literature, legislation and case law. Tax law shows the potential of the invention and the possibilities associated with it. The accounting law segment of the study determines the categorization of biotechnological inventions within the appropriate framework of the legal system by identifying the relevant legal provisions.

Actual Problems of the Prosecutor’s Protection of the Rights of Minors to Education

The article analyzes the problem of ensuring the human rights function in relation to such an unprotected category of citizens as minors. Based on the conducted research of violations that are detected by the prosecutor during prosecutor’s inspections, it was revealed which violations in this area are detected most often and what measures should be taken by the prosecutor to increase the effectiveness of supervision. Practical examples of violations related to the failure to provide minors with the right to receive free and affordable education are given. The author shows that supervision in the field of protection of the rights of minors has always been, is and will remain a priority. The purpose of this activity, implemented by the Prosecutor’s office, is to ensure the real implementation of legislation on the protection of the rights and legitimate interests of minors, the suppression, prevention and prevention of crime of children, as well as this work of the prosecutor’s office is aimed at restoring violated rights of citizens. The author justifiably notes that without compliance with the rule of law and the enforcement of legislation by all participants in educational relations, it is impossible to guarantee the real exercise of their right to education. In this regard, supervision of the implementation of legislation on the education of minors should not be limited to checking educational institutions. Every time, prosecutors should pay attention to the work of the supervisory authorities, to the acts that they draw up. When deciding on the choice of an act of a certain, most effective response act in each specific case, one should be guided by the organizational and administrative documents of the Prosecutor General’s Office of the Russian Federation, after a mandatory assessment of the negative consequences of fulfilling their requirements. When issuing response acts, prosecutors should be aware that such acts should not be aimed at destroying already real relationships, but only at changing them and bringing them into line with current legislation.

Гражданско-правовое регулирование возникновения долевой собственности в объектах недвижимости

The article examines the features and mechanisms of the emergence of shared ownership in real estate objects based on an analysis of scientific literature and law enforcement practice. In the course of the study, the author revealed that for the emergence of legal relations of common shared ownership, it is necessary to comply with formal conditions and the direct expression of the will of the sole owner of the property, or the consent of all co-owners of such common property. In Russian law, the mechanism of commingling real estate is not possible, as it results in the legal demise of the property. Meanwhile, in doctrine and law enforcement practice, there are concepts of inseparable improvements in property, which also do not entail the emergence of common shared ownership. This pertains to changes made by a lessee to the landlord's real estate. Conclusion dwells upon the fact that the grounds for the emergence of shared ownership are clearly defined by current Russian legislation and do not imply any expansion.

Доказывание добросовестности как способ защиты контролирующего должника лица от привлечения к субсидиарной ответственности

The article analyzes the protection of persons controlling the debtor from subsidiary liability for the debts of an insolvent organization by proving their good faith. The article explores the challenges faced by individuals held liable in demonstrating the good faith of their actions, depending on the grounds for such liability. It examines current judicial practices and academic sources on the subject. The issue of the fair distribution of the burden of proof regarding good faith in cases involving subsidiary liability is considered. Conclusion dwells upon the fact that it is necessary to introduce into the current bankruptcy legislation a standard for proving the good faith of controlling persons, including specific means of proof, which will bring legal certainty to the resolution of disputes about bringing to subsidiary liability and will allow the formation of sustainable judicial practice.

PROBLEM OF THE APPLICATION OF POTESTATIVE TERMS IN CONTRACTS FOR THE PERFORMANCE OF EXPERIMENTAL DESIGN WORK IN THE FIELD OF STATE DEFENSE ORDER

The purpose of the research. The article examines the actual problems of the application of potestative (suspensive) terms in contracts for the performance of experimental design work in the field of state defense orders, highlights the specific features of the legal regulation of the legal relations in question, provides their interpretation in the legal doctrine, as well as in the current legislation of the Russian Federation. The author conducted a review of Russian judicial practice, identified and recorded its positive and negative trends. Potestative terms in a contractual obligation are definitely permissible, should not be dependent or counter, are a priori feasible by virtue of the law, are associated with the volitional actions of the party to the transaction, simultaneously responding to the sign of uncertainty and the criterion of reality, while theoretically possible in reality, although their occurrence is unknown in advance. The research is conducted in order to identify and overcome legal gaps, develop recommendations for effective law enforcement of existing norms and improve individual legal acts, norms and institutions. Results. As a result of the conducted research, the author comes to the conclusion about the practical ineffectiveness of potestative terms in contracts for the performance of experimental design work in the field of state defense orders, aggravating the legal position of the head contractor, destabilizing his financial stability in the form of an array of simultaneous claims and claims for payment of completed and accepted works.

Considerations for kelp aquaculture on South Africa’s west coast: geospatial analysis and research implications

Abstract The commercial use of kelp continues to gain interest worldwide. While in some East Asian countries kelp farming has a long history, the kelp industry in South Africa is based on harvesting of kelp from natural kelp forests or by beach-cast collection. This study examined the potential for kelp aquaculture on South Africa’s west coast, focusing on the three indigenous species of kelp, Ecklonia maxima, Laminaria pallida and Macrocystis pyrifera. Geospatial analysis was used to identify and assess nine potentially suitable areas for kelp farming, based on natural habitat conditions, and examination of potential conflicts with other users and enabling land-use factors. An assessment of the market, technical and financial aspects of a kelp farming opportunity indicated that a 4 ha kelp farm, with longlines producing 750 to 1,000 t of fresh kelp per annum, could be viable as an integrated aquaculture activity adjacent to an existing mussel or oyster farm. We recommend a detailed feasibility study for kelp aquaculture in South Africa, with market and technical research, and financial modelling. Current seaweed industry legislation is mostly concerned with the wild resource, and there is a need for specific policies relating to seaweed aquaculture to facilitate growth of the industry.

Soil pollution in the European Union – An outlook

Soil pollution in the European Union (EU) is poorly quantified, because of several years of reduced attention and limited funding on soil research and monitoring. Moreover, issues such as different monitoring methodologies within Member States (MS), and quantification methods focused on pseudototal rather than the available fraction of pollutants, has been limiting our understanding of risk under soil pollution. Despite that, thanks to efforts from the scientific community, it was possible to achieve some progress, which is by far insufficient for the problem at hand. In the anticipation of future policy demands and towards a common strategy for tackling soil pollution in the EU, it seemed relevant to describe the limited knowledge and main uncertainties. Such analysis should provide evidence for the development of efficient policies, as well as updating current ones to better tackle the interdisciplinary of soil. This perspective provides our view on current knowledge on soil pollution at EU scale, by compiling the most updated assessments made at EU scale, identifying soil pollution drivers, impacts on health and the environment, and evaluating current state of knowledge. Allowing us to infer about current level of uncertainties and knowledge gaps and identify solutions through future research and policies. Our suggestions are in line with an increasing investment on research and innovation, but also more frequent updates of current legislation already tackling pollution and welcoming the new proposal for a Soil Monitoring Law as an important driver for soil knowledge development and implementation of a European monitoring system.

Legal regulation of vacations of medical workers in Ukraine according to labor legislation

The relevance of this scientific research lies in clarifying the nature and features of the legal regulation of vacations for medical workers in Ukraine. The purpose of this study is to determine the specifics of the legal regulation of the types of vacations that may be granted to medical workers. The methodological basis of the study was general scientific and special legal methods of knowledge, in particular theoretical, formal, dogmatic, and comparative legal methods. The results of the study are that the rest time of a medical worker is proposed to be understood as a period of release from professional duties for the restoration of work capacity and professional development. Several features of the legal regulation of medical workers’ vacations have been identified. Please note that additional vacation may be assigned to medical workers of various specialties along with the main vacation. Additional vacations lasting 7 to 25 days are granted to medical workers of certain specialties who work in certain healthcare institutions due to harmful or special working conditions. Additional vacations are established for such medical workers as psychiatrists, pathologists, resuscitators, anesthesiologists, obstetricians, epidemiologists, doctors of medical and social expert commissions, bureaus of forensic medical examinations, and health care institutions for the fight against AIDS. It is emphasized that specific categories of medical workers have the right to additional vacation in connection with the experience of continuous work in rural areas or at another place of work. Also, medical workers have the right to use all types of additional social vacations, established for all categories of workers in Ukraine. The study concludes that a special Ukrainian law "On the Status of Medical Workers" would improve the legal regulation of medical workers’ labor relations. Taking into account the provisions of the current legislation, an author’s definition of the term "medical worker" has been formulated

International acts as part of the current legislation of Kazakhstan: Influence on the country’s social policy

The topic is relevant in the light of the current globalisation processes, which promote intensive interaction between international and national norms. This creates a need for a systematic study of this problem. The purpose of this study was to analyse the practice of using international acts as part of the current legislation of Kazakhstan and to investigate the role of international acts in the legal system of the country. To fulfil this purpose, the methods of analysing regulations, the method of comparative analysis of judicial practice, as well as the historical legal method, systemic, and statistical analysis were used. It was found that international acts have a prominent place in the system of national legislation of Kazakhstan, contributing to the adaptation of the domestic legal order to the standards of the international community. The types of international instruments and the level of their implementation in national legislation were examined, together with the ratification procedure. A study of statistical data for the last three years was carried out on the use of international instruments by the courts. According to the results of statistical analysis, it was found that the court of first instance in both civil and criminal cases is the enforcer of international norms, while the courts of appeal and cassation used international treaties in their decisions in isolated cases. A tendency was noted for a steady decline in the use of international treaties in court judgements starting from 2020 to 2022. The analysis of judicial practice showed a restrained use of international acts in court judgements. Such use can be of various kinds, such as purely formal references and the intended use of the norms that justified a particular decision. It was concluded that even the formal use of a norm of an international act in the reasoning part of a judgement is a positive practice of human rights promotion. This study can be used to further improve the mechanisms of incorporation, implementation, and application of international acts in the legislation of Kazakhstan, as well as a more profound understanding of their impact on law enforcement in the context of global changes