Development Of Legislation Research Articles

Medication reconciliation and seamless care led byclinicalpharmacists in Slovenia: a national reimbursed program ensuring safe and effective transition of care.

Medication errors frequently happen during patients' transitions between different healthcare settings. Medication reconciliation, provided by various healthcare specialists, could help reduce these errors. However,clinicalpharmacists do not lead this service nationally in most countries. This paper describes the development, implementation, and national evaluation of medication reconciliation in Slovenia as part of seamless care. All hospitals and community pharmacies in Slovenia. The initial step involved the successful development of legislation in Slovenia. This process, termed 'seamless care,' was defined as a pharmaceutical service and five different steps of this process were developed: medication reconciliation upon admission (including thebestpossible medication history), during discharge, personal medication cards, and medication dispensing. A standard operational procedure was established in 2023 to guide these practices. A critical milestone in the implementation process was establishing a successful reimbursement scheme in 2023. Hospitals and community pharmacies implemented this service following successful reimbursement. Pharmacy managers and heads of hospital pharmacy departments were responsible for overseeing its implementation in hospitals and community pharmacies. The Health Insurance Institute of Slovenia is measuring the implementation. Trials were conducted in various Slovenian hospitals to evaluate this service's effectiveness, appropriateness, and adoption before its full implementation (reduced medication-related problems were observed). The Health Insurance Institute of Slovenia is currently evaluating the sustainability of the service and providing feedback to the providers. Slovenia is the first country in this part of Europe to fully reimburse and implement medication reconciliation as a pharmaceutical service. This practice holds promise for exporting to other countries.

Indigenous Resurgence in the Cape: The Intellectual Roots and Political Aspirations of Khoisan Revivalism

ABSTRACT The Khoisan were decimated, dispossessed, and assimilated into the mixed-race group ‘coloured’ during colonialism and apartheid, spawning the myth of their extinction. However, Cape Town, where colonial history is most deeply entrenched, became the focal point of ‘Khoisan revivalism’ after the dismantling of apartheid. The origins and aims of the movement remain poorly understood, largely because of a lack of scholarly engagement with Khoisan revivalists. This article draws on governmental documents, media items, and interviews with key Khoisan revivalists and traces shifts in activist discourse, different ways of engaging the state, and significant academic, legal, and political developments. It presents a three-phased historical overview of the intellectual roots and political aspirations of Khoisan revivalism: from the 1970s, the criticism of coloured identity and writing of Khoisan revisionist historiography; in the 1990s, the identification by a group of coloured intellectuals as indigenous people and their demand for recognition by the state; and since 2012, the initiation of direct-action campaigns by a new cohort of activist, coinciding with legislative developments regarding land and traditional leadership. A new phase is arguably emerging since 2019 as Khoisan revivalists challenge and circumvent the state through party politics, land occupations, and private sector partnerships.

Transformative Constitutionalism and Labour Rights in Latin America´s 4.0 Revolution

This article explores how Transformative Constitutionalism influences the protection of labour rights amidst the challenges of the 4.0 Revolution in Latin America. Through a qualitative analysis of literature, legislation, and jurisprudence, the study evaluates the evolution of labour law in the face of digitalization and automation. Thematic analysis reveals significant developments in adapting labour rights to emerging situations such as teleworking and digital platforms. A jurisprudential analysis of nine landmark cases from Latin American courts highlights how the judiciary, guided by Transformative Constitutionalism, interprets and applies labour law to affirm basic rights in non-traditional work contexts. In cases involving digital platforms in Chile, Argentina, Uruguay, and Brazil, the courts have recognized employment relationships and granted labour protections to workers initially classified as independent contractors. The courts in Colombia and Chile have also expanded labour rights to include reasonable accommodations for workers with disabilities through telework, while recognizing the right to digital disconnection as a fundamental right. However, challenges persist in effectively safeguarding workers in the digital economy, as the courts may face constraints in responding to the full scope of changes in the world of work. The article emphasizes the judiciary’s crucial role in recalibrating legal frameworks to ensure social and labour justice in an increasingly technological environment. The continued evolution of national jurisprudence and legislation, informed by Transformative Constitutionalism, is vital to keep labour rights at the centre of development.

Accessible Commercial Airline Travel for Mobility Device Users: A Focus Group Study with Veterans

This study aimed to identify the needs of mobility device users (MDUs) to pursue accessible airline travel at every stage of the journey, from trip planning to departure to arrival at the destination airport. Semi-structured focus groups were conducted with MDUs ( n = 13) and their caregivers ( n = 7). Descriptive statistics were used for demographic information, and a qualitative content analysis was used to analyze the transcribed interviews and extract themes. Three overarching themes were identified: service, accessibility, and safety. Sub-themes related to service encompassed booking concerns, disconnected services, untrained airport staff, and damaged mobility devices. Accessibility sub-themes included the in-cabin aisle, in-cabin toilet, and airport infrastructure. Safety sub-themes encompassed aisle chairs and passenger seats. This study has uncovered challenges, particularly in relation to booking concerns, disconnected services, untrained airport staff, and airport infrastructure. To address these challenges, potential solutions are suggested, including staff education, installation of in-cabin accessible toilets and versatile seats, modification of wheelchairs and aisle chairs, and improvements to accessible airport infrastructure. We anticipate that the findings will provide insights into the redesign of aircraft, airports, wheelchairs, and aisle chairs as well as inform the development of legislation and guidelines.

Modern Development Trends Constitutional Legislation of the Republics within the Russian Federation

The article is devoted to the analysis of the main directions of the development of the constitutional legislation of the republics within the Russian Federation, taking into account the changes in federal legislation and the constitutional reform of 2020. This article deals with the features and significance of reproducing federal norms in the constitutional legislation of the republics. Particular attention is paid to changes in the nature of the interpretation of the constitution at the republican level.

OS ASPECTOS JURÍDICOS DA PRODUÇÃO E COMERCIALIZAÇÃO DE AUTOMÓVEIS NO BRASIL

The study addresses the legal aspects of automobile production and commercialization in Brazil, focusing on legislation and its impact on the automotive market. The main objective is to analyze how manufacturers navigate the challenges imposed by Brazilian laws related to their industry and taxation on vehicle sales and usage, particularly in a scenario of policies promoting national production and fiscal regulations. A deductive methodology is employed, incorporating bibliographic research and document analysis, to understand the evolution of legislation and the adaptation of companies. The main findings reveal that manufacturers adopt innovation and strategic partnerships to remain competitive despite the complexity of the tax system and frequent changes in government policies. The study highlights the importance of the topic for the Brazilian economy, emphasizing the need for tax reform to simplify regulations and foster a more favorable environment for competition and sustainable development in the automotive sector.

Between Portugal and Brazil: Dignified Death, Legislative Evolution and Future Perspectives

The purpose of this work is to verify how dignified death can be analyzed in the constitutional reality of Portugal and Brazil, aiming to delimit - contextually - each of the realities. In short, the question, duly problematized, is how the relationship between the two countries can contribute to the debate and development of the themes of euthanasia, orthothanasia and assisted suicide, as well as the decriminalization of the conduct typified in the legislation. To achieve this, the topic is introduced by analyzing dignified life and autonomy, seeking to understand whether for dignity in and of the "individual", we speak of technical-mechanical life or dignified life. It also aims to conceptualize what is meant by dignified death and its practices. The study also aims to verify the Portuguese legislative reality and, on the other hand, how criminalization of criminal types related to life and death occurs in Brazilian society, using legislative (in)evolution, identifying one of the main problems, which is the sacralization of life in contrast to secularity. It is therefore a descriptive and exploratory study of a bibliographical and documentary nature. The research provides and clarifies, through the bibliographic data obtained, the reality of the taboo when dealing with the subject of death, especially death considered and contextualized as dignified. It concludes that there is no absolute right, not even one dedicated to life, and that it is necessary to confront the issues related to dignified death - euthanasia, assisted suicide and orthothanasia - and that each of these issues should be analyzed based on a careful verification of elements or requirements, as well as through a dichotomy between different realities, as is the case in Portugal and Brazil, in order to promote debate and overcome issues such as the slippery slope.

Legal regulation of combating nuclear terrorism: national and international aspects

The article deals with the issue of legal regulation of the fight against nuclear terrorism. The purpose of the article is to highlight the problems of legal regulation of the fight against nuclear terrorism. The authors of the article conducted a retrospective review and analyzed the state of development of Ukrainian legislation in the field of legal regulation of the fight against nuclear terrorism. As a result of such consideration, it was determined that the last decades of the 20th century, as well as the 21st century, showed that the greatest threat is terrorist organizations that have an international (transnational) character and are connected to organized criminal societies. Terrorist organizations have largely reoriented themselves from single murders or serious explosions of conventional explosives to active attempts to acquire or manufacture means of mass destruction with the subsequent threat of use. The level of risk of using nuclear weapons and radioactive materials can be pre-estimated by threats of committing acts of nuclear terrorism and theft of nuclear materials. The authors of the article provide separate data related to terrorist acts, as well as the most dangerous cases of their abduction. The article analyzes the basis of the provisions of the International Convention on Combating Acts of Nuclear Terrorism. The authors concluded that the International Convention on the Suppression of Acts of Nuclear Terrorism plays a key role in ensuring nuclear security. Before the full-scale invasion of the Russian Federation in Ukraine, Ukraine was considered to be an example of a consistent and balanced policy in the field of nuclear non-proliferation. The events that have been going on in Ukraine for almost three years have shown that nuclear legislation, both international and domestic, in the sphere related to the use of nuclear energy is imperfect and does not provide adequate answers to many questions. Externally, the political activity of states that possess nuclear weapons is decisive for the future of humanity, for the survival of human civilization. To prevent the unthinkable - the destruction of life on earth, to defend peace - there is no more important task for all peoples of our planet today. According to the authors, it is expedient to develop and adopt an international act on the norms of relations between nuclear states, which would be of great importance.

Problems of Unification of Eurasian Legislation on Industrial Property

The construction of a single economic space within the EAEU requires the development of the legal ground for the interaction between civil turnover participants. The use of modern technologies involves harmonization of intellectual property legislation. The EAEU countries are actively working in this direction, but on its way there are many problems related to the difference in approaches to the regulation of intellectual property and the choice of the best way to develop legislation. In order to illustrate the differences in approaches, the paper draws special attention to the comparison of the legislation of the Russian Federation and the Republic of Kazakhstan. It is important to move from working on the convergence of legislation on individual, albeit important, issues to systemic harmonization of legislation. It is possible to talk about the real protection of the facility only if the norms on the relevant institution are supplemented by the coordination of terminology, procedural norms, administrative and criminal legislation. The example of other countries shows the difficulties faced by the unification of patent law. At the same time, the development of legislation in the field of intellectual property should be guided by real economic processes and it should reflect the economic needs of participants of economic turnover in the Eurasian space.

The Decentralisation of the DMA’s Enforcement System

Abstract The harmonisation of the internal market is a fundamental aspect of the EU acquis, and the Digital Markets Act (DMA) is no exception. It aims to harmonise digital markets across the Union on the basis of the concepts of contestability and fairness. The DMA is enforced through a quasi-centralised enforcement system, with the European Commission as its sole enforcer and national competition authorities (NCAs) playing a secondary and supporting role in monitoring. The EC’s centralisation of enforcement powers is key to ensuring harmonisation. This paper highlights the potential risks at the national level due to NCA involvement in the enforcement and monitoring of the DMA. While the Regulation does not need to be transposed into national law to be effective, some Member States have introduced legislation specifying which authorities are responsible for enforcement and how they should apply their powers in line with the DMA. The paper examines these legislative developments, revealing potential deviations that undermine the effective enforcement of the DMA and disrupting its current centralised enforcement system.

Advocacy as a key institution of civil society: individual and social dimensions of legal assistance

The article analyzes the place and functions of advocacy as a key institution of a democratic state. The importance of advocacy in the context of ensuring legal protection, access to justice and implementation of the principles of the rule of law is investigated. The role of advocacy as an important element of the legal system and civil society is considered. The transformation of the legal profession’s functions from the basic provision of legal aid to an active participant in the formation of state legal policy, improvement of the legislative framework and development of legal culture is being monitored. The dualistic nature of advocacy, which has both individual and social significance, is emphasized. The importance of advocacy as a tool of public control in the sphere of justice, its contribution to ensuring a fair trial and strengthening the rule of law is highlighted. The correlation between the development of the legal profession and the level of democratization of society, compliance with the rule of law and protection of human rights is analyzed. The status of the right to professional legal assistance as a basic human right that ensures the realization of other rights and legitimate interests is substantiated. Emphasis is placed on the importance of developing effective mechanisms for the legal protection of citizens with the participation of the legal profession. The impact of European integration on the modernization of the legal profession in Ukraine and the need to harmonize it with European standards are considered. Modern problems and prospects for the development of the legal profession in the process of building the legal state are analyzed. The defining role of advocacy in harmonizing the interests of the individual, society and the state, its significance for democratic development and the establishment of the rule of law is summarized. The need for further modernization of the institute of advocacy in accordance with modern challenges is emphasized.

Reforming Post-Arrest Bail in Pakistan: Lessons from a Comparative Study with India

This research paper presents a comparative analysis of the legal frameworks governing post-arrest bail in India and Pakistan, with a focus on the statutory provisions, judicial interpretations, and procedural safeguards that are involved. Although both states share a common legal heritage which is rooted in British colonial law, however, they have diverged in their approaches to bail, which are influenced by their respective constitutional mandates, legislative developments, and sociopolitical landscapes. This comparison is essential in order to understand how these legal systems are balancing individual rights with societal security and how judicial discretion are shaping bail in each country. For this purpose, this paper examines constitutional provisions besides main statutory provisions of the Indian and Pakistani criminal procedural laws, the role of judicial discretion and evolving jurisprudence of the post-arrest bail. This study offers insights into potential legal reforms, with an aim to enhance fairness and consistency in bail practices, through juxtaposing these principles in India and Pakistan. This study concludes that Pakistan should consider restructuring its bail procedural laws and system, and it suggests reforms taking into account the benefits of India’s progressive legal framework, to ensure consistency, fairness, and the protection of individual rights. This research also recommends future studies on balancing bail and incarceration, through focusing on judicial discretion and the application of the principle of proportionality.

Bharatiya Sakshya Adhiniyam, 2023: An Overview of Key Amendments

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) represents a pivotal legislative development in Indian law, serving as a comprehensive update to the Indian Evidence Act of 1872. This new Act modernizes the approach to legal procedures, placing a particular emphasis on the handling and acceptance of electronic evidence in courts. Comprising 170 sections, the BSA replaces the antiquated colonial terminology found in previous legislation with more relevant and contemporary language that reflects current practices and technological realities. One of the most significant reforms introduced by the BSA is the broadened acceptance of digital records as admissible evidence, which acknowledges the rapid technological advancements that have transformed communication and documentation methods in recent years. The scope of the BSA extends to military courts, indicating a major overhaul in the legal framework of India. Furthermore, the Act redefines key concepts such as "documents" and "evidence," explicitly incorporating digital formats to ensure clarity and consistency in legal proceedings. These vital changes set the stage for a more technologically adept legal system in India, representing a substantial evolution in evidence law while addressing the pressing need for modernization in legal practices and procedures.

Resolution of IP disputes in Turkey: emerging trends of mandatory mediation and specialized courts for IP disputes

Abstract Resolving IP disputes is a critical challenge within the intricate framework of global business and innovation. Turkey, amidst its evolving legal landscape, has shown considerable attention towards efficiently managing disputes linked to IP rights. Notably, Turkey has significantly transformed its approach to handling these issues by introducing specialized IP courts and embracing mandatory mediation as a resolution method. The adoption of mandatory mediation in Turkey marks a notable departure from traditional litigation approaches, aiming to expedite disputes and resolve them in a cost-effective manner. Additionally, the establishment of dedicated IP courts signals a deliberate shift towards adjudication grounded in specialized knowledge tailored to address the intricate nuances of IP conflicts. This article seeks to delve into the burgeoning trends and evolving practices surrounding IP courts and mandatory mediation to resolve IP disputes within the Turkish jurisdiction. By examining the historical foundations, legislative developments and practical applications of mandatory mediation in the context of IP disputes, this study aims to provide an insightful evaluation of the efficacy and feasibility of these mechanisms while exploring their implications for stakeholders.

Air Quality Legislation in Australia and Canada—A Review

Air pollution is a pervasive global issue affecting human health, ecosystems, and the environment. This paper reviews the evolution and implementation of air quality legislation in Australia and Canada, providing a comparative analysis of their approaches to managing air pollution. Both countries have established robust legal frameworks to address air quality issues, involving governmental policies, regulatory mechanisms, and collaborative efforts among stakeholders. Australia began its air quality regulation at the state level in the 1950s, evolving into a national framework with the National Environment Protection Measure for Ambient Air Quality in 1998. In contrast, Canada centralized its efforts with the Clean Air Act in 1971, complemented by the National Air Pollution Surveillance program. Key findings reveal that, while both nations have achieved significant improvements in air quality, challenges remain in addressing the broader impacts of air pollution, such as climate change and health-related economic burdens. Australia’s air quality standards are generally more stringent than Canada’s for particulate matter but more relaxed for sulfur dioxide, nitrogen dioxide, and ozone. Both countries employ advanced air quality monitoring and reporting systems, with Australia’s Air Quality Index and Canada’s Air Quality Health Index providing critical public health information. The study highlights the need for continuous improvement and a more integrated approach to air quality management. By examining the legislative and regulatory landscapes of Australia and Canada, this paper offers valuable insights for other countries striving to enhance their air quality governance and mitigate the adverse effects of air pollution on a global scale.

Success in small places: NCB forfeiture thrives in Manitoba, a small but mighty Canadian jurisdiction

Purpose This paper shows how a small jurisdiction can apply well-designed non-conviction-based (NCB) forfeiture provisions with a dedicated team to have a meaningful impact on financial crime. This paper aims to examine developing jurisprudence, legislation and case law to explore how the NCB laws work. Finally, this paper examines a relatively new area of law for Canada, unexplained wealth orders (UWOs). This paper discussed three recent cases in Western Canada currently before the courts. Design/methodology/approach This paper considers legislative and jurisprudential developments relevant to NCB or civil asset forfeiture and in particular considers very recent developments involving UWOs. Findings This paper shows how a small jurisdiction can apply well-designed NCB forfeiture provisions with a dedicated team to have a meaningful impact on financial crime. Research limitations/implications Some jurisdictions, like the UK, have experienced court losses with their UWO process. Canadian law may have a modest pathway to success in this area, although our jurisprudence is very much in development. Practical implications Manitoba is a small jurisdiction with limited resources who are finding ways to have an effective impact on financial crime through the careful application of use of conviction-based forfeiture. Social implications Financial crime has an outsized impact on society. This paper shows some of the techniques available to disrupt financial crime. Originality/value This paper incorporates developments in 2024 that have not yet been examined.

Judgement Differences of Types of Image-Based Sexual Harassment and Abuse Conducted by Celebrity Perpetrators and Victims.

An emerging corpus exists pertaining to societal judgements of image-based sexual harassment and abuse (IBSHA). This type of research centres on the non-consensual sharing of intimate images (NCSII; sometimes called 'revenge pornography'), but recent legislative developments seeking to convict those who engage in the unsolicited sending of intimate images (USII; sometimes called 'dick pics') evoke a need to broaden this literature. Moreover, in the context of recent and highly publicised accounts featuring both celebrity perpetrators and victims of IBSHA, it is important to understand whether celebrity status impacts said judgements. We present three studies outlining judgement differences between vignettes featuring NCSII and USII as a function of perpetrator/victim celebrity status and as predicted by previously implicated personality traits and beliefs. In Studies 1 (N = 261) and 2 (N = 237), though vignettes involving NCSII were perceived more criminal in nature and anticipated to evoke more harm than USII, said victims also received more blame. Contrary to our hypotheses, there was no further impact of celebrity status on either the perpetrator (Study 2) or victim (Study 3; N = 207). Finally, although dark personality traits (associated with callousness and low empathy) predicted variation in judgements of IBSHA across all studies, in Study 2, psychopathic personality traits specifically predicted proclivity to engage in NCSII but not USII. The results are discussed in reference to the importance of IBSHA-related education on an international level and the pursuit of further legislation in this area.

FAMÍLIA MULTI-ESPÉCIE: A FALTA DE REGULAMENTAÇÃO DE GUARDA E PENSÃO ALIMENTÍCIA PARA PETS APÓS O TÉRMINO DO VÍNCULO CONJUGAL

This paper addresses the growing relevance of pets in the family context and the lack of legal regulations regarding custody and alimony for these animals after the end of conjugal relationships. Given the significant increase in multi-species families in Brazil, where pets are considered essential members, questions arise about how to ensure the well-being of these beings in cases of separation. The research investigates the gaps in Brazilian legislation, highlighting the absence of specific rules to protect pets in custody and alimony disputes. Through bibliographic and jurisprudential analysis, it seeks to propose solutions to ensure proper rights and care for pets, based on family law principles. The study aims to contribute to the development of public policies and legislation that regulate pet protection, recognizing their importance within the family unit and mitigating potential judicial conflicts.

O TRÁFICO INTERNACIONAL DE PESSOAS PARA FINS DA EXPLORAÇÃO SEXUAL NO BRASIL

This paper aims to analyze international human trafficking for sexual exploitation in Brazil. This crime represents not only a vulnerability on the part of the victims of this crime, but also, and mainly, a failure of the State towards them. This criminal offense predomitantly affects those who are marginalized from society, who are lured by the promise of a change in their lives, of fulfilling a dream that would be unattainable in their home country due to their reality. Criminals demonstrate that in a given country it is fully achieved. Therefore, this study seeks to understand how this practice has occurred over time and with Brazilian legislative developments regarding protection standards. Justifica-se a análise, pois a sua incidência vem crescendo cada vez mais. Brazil will be analyzed since it is considered a supplier of women, trans people and children for this market, aiming to understand how the practice of this crime is typified in the Brazilian legal system, and what public policies have been developed; and also to analyze the international agreements of greatest relevance to the subject, the main one being the Palermo Convention. To this end, the work developed is the result of qualitative research that used the deductive method, through documentary and bibliographical research, statistical analysis and the verification of some operations carried out by the State. Finally, it can be concluded that the study and understanding of this theme is extremely important for the prevention of human trafficking.

Navigating electricity network congestion: An examination of a principle‐based regulatory theory and strategy

AbstractThe digitisation of the energy sector is moving fast. At the same time, the transition to renewable energy brings challenges. However, legislative developments either move slowly or are introduced in a piecemeal manner. This situation is sometimes perceived as a regulatory mismatch and is problematic from the perspective of achieving climate and sustainability goals. The limited capacity of energy grids to transport electricity is a prime example of why we need a regulatory system that takes into account the fast‐paced development of technology while providing a consistent pathway for the future. In this contribution, we build on the scholarship that identifies energy principles. We analyse the extent to which principles play a role in new energy regulation and in Dutch mitigatory policies. As a theoretical framework for explaining the crucial role of principles in regulation, we use Fleming's normative proposal of the trias of energy regulation.