Draft Regulations Research Articles

‘Rechtsstaat’ and European criminal law – From the end of sovereignty

Whoever punishes is sovereign. Those who punish fairly – or legitimately – are sovereign. At least that is how it was yesterday. But is it still the case today? Sovereignty is not what it used to be. Neither are punishments. What is the result? We do not know. I will try to explain the change of sovereignty in criminal law through the draft Regulation on the collection of electronic evidence. I am going to discuss three axes to set the framework for a critique. - What we know - What changes - What we can hope for or fear.

The Markets in Crypto-Assets Regulation (MICA) and the EU Digital Finance Strategy

The European Commission published its new Digital Finance Strategy on 24 September 2020. One of the centrepieces of the Strategy is the draft Regulation on Markets in Crypto-Assets (MiCA), designed to provide a comprehensive regulatory framework for digital assets in the EU. With MiCA the EU Commission has proposed bespoke regulation for utility tokens and stablecoins including payments tokens, asset-backed tokens and “significant” stablecoins (including “global stablecoins”). As to investment and securities tokens, the EU Digital Finance Strategy relies on the existing body of EU financial and securities law, with the Prospectus Regulation, the MiFID framework as well as the UCITSD and AIFMD at its core, with the intention to incorporate necessary changes as part of the existing ongoing amendment and review processes. MiCA provides for a bespoke prospectus regime for crypto-assets, with the issuing of e-money tokens (i.e. payment tokens), asset-referenced tokens (also known as stablecoins) and crypto-asset services being regulated activities subject to licensing. While supervision of crypto-asset service providers (CASPs) will rest with national authorities, supervision of significant asset-referenced and e-money tokens will rest mainly with the European Banking Authority. The EU Digital Finance Strategy marks a very important step for the EU in developing both innovation and the Single Market. At the same time, while MiCA is an ambitious legislative project, there is room for improvement. First, the scope of MiCA remains uncertain as the draft MiCA does not clearly delineate between utility tokens subject to MiCA and investment tokens subject to EU securities law. Second, a systematic approach to EU law is absent. Thresholds and concepts known from other EU laws should be firmly embedded in MiCA. Third, a framework for supervisory cooperation with regard to truly global stablecoins is missing.

Specifics of adaptive learning in the field of public governance

Research shows that today the education and training of qualified specialists in the field of public administration requires a transition from traditional to new more innovative systems of education and training. Given the fact that in the practice of education and training of highly qualified specialists in the field of public administration is actively implemented adaptive education system, which is based on the use of modern innovative teaching methods. The purpose of the scientific article is aimed at presenting the specifics of adaptive learning in the field of public administration. The scientific article uses such research methods as the method of theoretical analysis, the method of observation, the method of abstraction, the method of system analysis, the method of comparison, the method of modeling and the method of generalization. It is established that the system of adaptive learning allows to determine the individual approach and individual features of training of future specialists in the field of public administration. It is determined that in the process of adaptive learning modern Web-technologies and innovative teaching methods are actively used. It is proved that in the system of adaptive training of future specialists in the field of public administration new more innovative methods of learning, acquiring skills and abilities are used, as a result of which the confidence of future specialists to carry out professional activity increases. It was found that the main principles of adaptive training in public administration are: 1) the principle of personalization of the public administration needs, which is to train future professionals - public officials; 2) the principle of forming personal learning strategies, based on the needs of public administration in future professionals; 3) the principle of improving the thinking and professional activity of future specialists in the field of public administration, based on psychological factors of influence; 4) the principle of forming an innovative model of adaptive education and training of specialists in the field of public administration. It is established that today the Knewton training system is used in the field of adaptive learning, thanks to which it is possible to obtain information about what material the future specialists in the field of public administration have not mastered. It is determined that the main state institution of higher education in Ukraine, on the basis of which training, retraining and advanced training of civil servants (specialists in public administration) is the National Academy of Public Administration under the President of Ukraine, which provides training under the educational program "Public Administration and administration ”. It is established that as a result of successful mastering of the educational-professional program "Public administration and administration" future specialists in the field of public administration acquire the ability to form and implement public policy in various areas of public life, strategically manage social, territorial and organizational development, manage economic processes and public finances, make adjustments, proposals to existing regulations (acts), as well as prepare drafts of new regulations (acts), carry out digital governance and administrative functions and personnel management functions.

Development of a qualitative approach to assessing risks associated with the use of treated wastewater in agricultural irrigation

The European Commission’s draft regulation for minimum requirements for water reuse in agriculture addresses microbial and basic water quality parameters but does not consider the potential impacts of chemicals of emerging concern (CECs) on human and environmental health. Because insufficient data prevents the quantitative characterisation of risks posed by CECs in treated wastewater (TWW), this paper presents a framework, which combines data and expert judgement to assess likelihood of occurrence and magnitude of impact. An increasing relative scale is applied where numeric values are pre-defined to represent comparative levels of importance. Subsequently, an overall assessment of the level of risk is characterised by multiplying together allocated scores, to obtain a single discrete overall score per CEC. Guidelines to support implementation of the framework as far as soil (the initial receiving compartment and pathway to further protected targets) are developed and applied. The approach is demonstrated through its application to clarithromycin, where results indicate that – under the considered scenario - there is limited possibility of its occurrence in soil in a bioavailable form. The role of a qualitative risk assessment approach is considered and the opportunity for its outputs to inform future research agendas described.

New Approaches to the Legal Regulation of Digital Financial Assets in the Russian Federation and the European Union

The authors consider the key provisions of the Russian law on digital financial assets in relation to the circulation and issue of digital assets, digital currency exchange, and control measures for these activities. The role of the Bank of Russia as a mega-regulator, including the digital financial market, is also outlined. The approach of the European legislator to the regulation of digital financial transactions is highlighted. The article provides an overview of the EU strategy on digital Finance and the provisions of draft Regulations proposed by the European Commission as part of its legislative initiative. The authors conclude that there is a broader and more detailed approach to the regulation of digital assets in the EU compared to the approach in the Russian Federation.

KAJIAN TERHADAP RENCANA PENGATURAN DISGORGEMENT DALAM PASAR MODAL INDONESIA

Various kind of capital market violations show the characteristics of capital market violations that the loss is rarely realized by the investor. Currently, the regulation provides a way to resolve investor loss of capital market and the practice of resolving violations of the law in the capital market through the investor protection regulation is sometimes not satisfactory for the harmed investors. As a step to strengthen the law enforcement instruments, the Financial Services Authority (Otoritas Jasa Keuangan / OJK) issued a Draft Regulation (RPOJK) on OJK regarding Disgorgement and Disgorgement Fund to facilitate investor’s legal protection against losses internally by itself. The purpose is to analyze the disgorgement mechanism regulation plan through the study of RPOJK so that it can be applied as a new settlement in the capital market and suitable with existing ways. The research method uses a normative juridical approach that is through the existing study of the rule of law that apply primary, secondary and tertiary legal materials, also from existing electronic literature. Based on the result of the study, it is concluded the plan of the disgorgement mechanism regulation as a form of refund through administrative mechanism is different from civil compensation and it can be applied as one of the investor’s legal protections because the form of the order in disgorgement as a refund is considered effective, proportional and can be preventive.

Kedudukan dan Pelaksanaan Fungsi Legislasi Dewan Perwakilan Daerah Pasca Putusan Mahkamah Kontitusi Nomor 79/PUU-XII/2014

The Local Representative Council is one of barometers of reformation success in Indonesian state administration. as the Local Representative Council becomes a new legislative institution that will strengthen and work closely with previously-established legislative institutions (People's Representative Council). This study aims to: (1) find out and identify the status of legislation function of Local Representative Council based on the regulation after the decision of Constitutional Court; and (2) find out and identify the implementation of legislation function of Local Representative Council based on the regulation after the decision of Constitutional Court. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. The results show that the constitutional authority of Indonesian Local Representative Council as a legislator institution is still very weak. Since the decision of Constitutional Court was read, from normative perspective, there is no any legislation change, either in planning, proposing, or discussing the regulation draft in the Indonesian Parliament, related to the authority of Indonesian Local Representative.

MANAJEMEN FUNGSI LEGISLASI DPRD KOTA SUKABUMI PERIODE 2014-2019 DALAM PEMBENTUKAN RANCANGAN PERATURAN DAERAH INISIATIF

This study aims to study the management of the Sukabumi City DPRD legislative function for the 2014-2019 period in drafting regional regulations. This study uses descriptive qualitative research methods which in determining the informants using snowball sampling techniques with the number of informants as many as 5 people. The data collection methods in this study were obtained through the results of observations, interviews and documentation studies with data analysis using data collection, data reduction, data presentation and verification and confirmation of conclusions. This study uses the management theory proposed by Terry and rue which includes planning, organizing, actuating, and controlling. The results of this study can be concluded about the management of the legislative function of the Sukabumi City DPRD for the 2014-2019 period in a well-run regional regulation draft that was distributed from planning, organizing and actuating. But if seen from the controlling it is already running but not running optimally. It should be noted that this needs special attention from the Sukabumi City DPRD in the future so that the legislative function can be implemented in the drafting of the involvement of the regional regulation.

Analysis of Understanding of DPR Members against Gender Mainstreaming in DPRD Medan

The aims of this study is to find out the understanding DPR members agains gender mainstreaming in DPRD Medan. This study uses a qualitative case study approach. After in-depth interviews with 5 Members of the DPRD Medan, the researcher can conclude that: 1. Members DPRD Medan do not yet understand the term gender mainstreaming in development. 2. Members DPRD Medan have not provided full support for the acceleration of the development of women's empowerment and child protection. These two things are seen from the lack of DPRD initiative rights in the drafting of a specific Regional Regulation on the Protection of Women and Children in the City of Medan. 3. Between the Legislature and the Executive does not have an understanding of the protection of women and children, the executive should propose a draft regulation on the protection of women and children to be endorsed as a regional regulation.

Legal means in mechanism of law-making

The article analyzes the approaches to the definition of legal means and provides the author's definition of this legal category. The author determines that the mechanism of law-making is maximally combined with the law-formation process and is a set of legal activities in this area. In addition, the article analyzes the stages of the law-making mechanism: the stage of preliminary formation of state will (project preparation), which begins with the stage of decision-making on project preparation, and the stage when work on the project enters the official phase and is carried out by the law-making body. Also, the author considers the problem of distinguishing between the mechanisms of law-making and law-formation and provides common criteria for both categories. The author of the article concludes that the main elements of the mechanism of law-making are legal means (in relation to the mechanism of law-making they are regulated by regulations of authorized state bodies for the adoption, amendment, repeal of legal norms); normative-legal acts, according to which the specified activity is carried out; acts of application of law; legal relations between the subjects of the law-making mechanism for streamlining and improving the law-making process. Also, according to the author, each stage of lawmaking consists of stages of law formation, each of which requires its own legal means to optimize this process: at the first stage there are objective prerequisites in the legal regulation of certain social relations, while the second stage of law-making associated with the formation of the very idea of the draft regulation or other official source of law. Keywords: legal means, mechanism of law-making.

Suspension of EU Funds Paid to Member States Breaching the Rule of Law – A Dose of Tough Love Needed?

The view from Brussels and some European capitals is that some Member States need a dose of tough love. These Member States have been pleased to take the benefits of EU membership, but their commitment to European values, particularly the rule of law (Article 2 TEU), has been lacking. Suspending transfers of EU funds to these recalcitrants has been touted as the type of tough love needed. Accordingly, the Commission has presented a Draft Regulation that authorises the EU institutions to suspend EU funds if a Member State is found to engage in systematic breaches of the rule of law. In other words, the transfer of EU funds to the Member State would be made conditional upon their continuous respect for the rule of law (therefore known as ‘the conditionality mechanism’). This paper comments on this Draft as first proposed by the Commission and amended during the first reading in the European Parliament. The analysis reveals that, although the conditionality mechanism could be lawfully introduced in EU law, the proposed model of its application raises serious doubts in terms of legal certainty. In addition, rather than being solely targeted at Member States that systematically breach the rule of law, its application may inadvertently lead to a loss of EU funds by those who should benefit from them.

Pennsylvania EQB to Consider a Cap and Trade Program for Power Plants

Governor Wolf signed an Executive Order in October 2019 directing DEP develop a regulation compatible with the interstate Regional Greenhouse Gas Initiative (RGGI) to be adopted by the Environmental Quality Board. Governor Wolf’s Executive Order originally directed DEP to present a draft proposed regulation reducing carbon emissions from fossil fuel powered electricity generators to the Environmental Quality Board (EQB) in July 2020, but was amended on June 22, 2020 to extend the deadline for submission to September 15, 2020. RGGI is a market-based cap-and-trade by northeast states to reduce greenhouse gas emissions from power plants. DEP released a draft regulation establishing a proposed cap-and-trade program on January 30, 2019. The initial draft did not include key provisions related to the overall cap on carbon emissions and how much the cap would be reduced each year.

IMPLEMENTASI PASAL 55 UNDANG-UNDANG NOMOR 6 TAHUN 2014 TERHADAP KEBIJAKAN ALOKASI DANA DESA DI WILAYAH KECAMATAN KARANG TINGGI BENGKULU TENGAH

The Village Fund Allocation (ADD) sourced from the APBN which is intended for villages that is transferred through the Regency / City APBD and is used to finance governance, development implementation, community development, and community empowerment in the village. Article 55 of Law Number 6 Year 2014 concerning Villages, said that the Village Consultative Body (BPD) has the function of accommodating and channeling the aspirations of the village community, discussing and agreeing on a Village Regulation Draft with the Village Head, and the BPD has the authority to supervise the performance of the Village Head so that fraud does not occur.This type of research is quantitative that aims to conduct desk monitoring Implementation of Article 55 of Law number 6 of 2014 concerning the function of the village consultative body against the Village Fund Allocation Policy in the Karang Tinggigi District of Central Bengkulu Regency. The research data was obtained by distributing questionnaires in 18 (eighteen) villages of Karang Tinggi District, Central Bengkulu District who were serving as Village Officials and the Village Consultative Body. The analytical method used is linear regression using statistical software, the target outputs of this research are published in national journals and held in a national seminar so that it can be implemented directly by the village consultative body in carrying out its functions.The results of this study prove that there is a significant influence between the implementation of article 55 of Law N0. 6 of 2014 from the legislative function and aspirations towards village fund allocation policies. Keywords: Implementation of article 55 of the Village Law, Village Fund Allocation Policy

Tugas dan Wewenang Badan Pengawas Obat dan Makanan (BPOM) dalam Rangka Perlindungan Konsumen

Changes in production technology, international trade systems, and consumer lifestyles have increased the risks of the health and safety of consumers. Therefore, the government has formed the Drug and Food Supervisory Agency (BPOM) that has the responsibility and accountability in consumer protection. This paper aims to find out the duties and authority of BPOM in the context of consumer protection. The results of the study stated that there are several tasks attached to the Food and Drug Supervisory Agency (BPOM) which are based on Presidential Decree 166 of 2000. The powers are that protecting public health from the risk of circulation of therapeutic products, traditional medicines, complementary products, and cosmetics that do not meet quality requirements, safety, and efficacy, as well as food products that are unsafe and unfit for consumption. It also protects the public from the misuse of drugs, narcotics, psychotropic products, and addictive substances as well as risks due to the use of hazardous products and substances. BPOM also has the authority to conduct control, draft regulation and standardization, authorize industrial licensing and certification, product evaluation before being allowed to circulate, sampling and laboratory testing, investigation, and law enforcement.

Consultation as policymaking innovation: comparing government transparency and public participation in China and the United States

This article compares government transparency and public participation in policymaking across China and the United States. The analysis specifically focuses on the notice and comment process—government announcement of proposed policies and solicitation of public feedback—at the Chinese Ministry of Commerce (MOC) and U.S. Environmental Protection Agency (EPA). The MOC and EPA are leading organizations in the implementation of such consultation in their respective countries. Information is collected and coded for hundreds of draft regulations and thousands of public comments that occurred during the 2002–2016 period. Statistical analysis of levels of, and variation in, transparency and participation demonstrates both similarities and differences in the operation of the notice and comment process at the MOC and EPA. Transparency and participation are generally lower at the MOC than in EPA consultations. Within such constraints, however, there is evidence of standardization in the administration of consultation by the MOC. These findings suggest that differences in the Chinese and U.S. political systems, rather than issues of administrative capacity, are the primary limitations of consultation as a policymaking innovation in contemporary China.

Working hypothesis for the drafting of ethical-deontological regulations in radiodiagnostics and interventional radiology

Working hypothesis for the drafting of ethical-deontological regulations in radiodiagnostics and interventional radiology

The Tax Collection and Anti-Corruption Strategy to Reform Afghanistan’s Legal Code

Afghanistan has made considerable progress in domestic revenue mobilization (DRM) over the past two decades. Afghan government has collected a total of only $10 million in total government revenue in 2020. It collected $2.4 billion, or about 12 percent of the gross domestic product (GDP) in 2016. The government has focused its efforts on the simplest taxes to collect, namely, import duties, a tax referred to as the business receipts tax (BRT), and simple income taxes for both individuals and companies and for which a very simplified tax was developed for small businesses that could be paid in place of the corporate income tax (CIT) and the BRT. The Afghans implemented a new, partially rationalized duty schedule, with fewer rates and a schedule following the Harmonized System of codes for classifying traded goods to enhance transparency and fairness for the sake of import duties. On the administrative side, the Afghan government had to build both tax and customs administrations almost from scratch – developing their staff and equipping them with the tools to do their jobs which included skills, procedures, equipment, facilities, and information technology (IT). The international donor agencies took pragmatic steps in this regard by providing training, materials, and technical assistance to rebuild the Afghan Revenue Department (ARD), design new procedures, construct or refurbish facilities, implement IT-based solutions, and extend ARD’s reach to all of the country’s provinces. Experts from different countries helped the Afghan government draft new laws and regulations, prepare manuals, and train staff to implement them. Although a considerable progress has been made, Afghanistan still faces many challenges -- to strengthen its tax and customs administrations, root out corruption, and facilitate taxpayer compliance. The long desired value added tax (VAT) has been enacted into law and is planned for implementation starting in 2020.

Online Consultation and the Institutionalization of Transparency and Participation in Chinese Policymaking

AbstractThis article examines the institutionalization of online consultation, a prominent instrument of governance reform in contemporary China in which government organizations make public draft laws and regulations and solicit input from interested parties prior to finalizing decisions. The article specifically analyses the extent to which online consultation is a durable governance reform that enhances transparency and participation in policymaking. The analysis focuses on the Ministry of Commerce (MOC) and Guangzhou Municipal Government (GMG), leading organizations in the implementation of online consultation. Through the analysis of original datasets consisting of hundreds of policies proposed by the MOC and GMG and thousands of comments submitted in response to these drafts, the article demonstrates that online consultation has institutionalized government transparency but has not consistently enhanced public participation. Although online consultation has the potential to transform policymaking, the evidence suggests that strong confidence in this possibility is not warranted.

EVALUATION IMPLEMENTATION OF REVOLVING FUND PROGRAM SAMISAKE IN BENGKULU

There are two studies in this research; achievement analysis implementation, and improvement of the future program. This study uses descriptive qualitative method, the process of extracting data carried out by the method on a number of key informant interviews and documentation of data in the field. Analysis of data using analytical subprocesses and practices: (1) reduction of data and identification of patterns and (2) conclusion and present their conclusions. Based on the survey results revealed that First: the dimensions of Program Implementation identified that (a) the program has met the criteria for program correctness. (b) Output in the form of technical assistance programs and the number of beneficiaries as many as 9294 people with absorption budget of Rp 13,649,000,000.00. (c) Short-term outcome of labor to produce as much as 11.587, 8.322 and generate as much business units. (d) There was a discrepancy implementation of the initial design of the program. (e) Barriers to implementation of the program in the form of readiness resources, regulatory support, policy environment, and disobedience bureaucrats executor. Second; On-dimensional improvement program known that: (a) mathematically program has shown optimal performance with the percentage of short-term outcome by 23%. (b) There are three program areas that are the focus in the modification, namely; repair mechanism of revolving funds, enhanced dimensional mentoring programs, and compliance executive staff in terms of both quality and quantity of personnel. (c) The development of the modification program in the stage of formulation of the draft regulations are being discussed by the government.

Bespoke Regulatory Review

An agency that fails to adequately consider the costs and benefits of its proposed regulatory changes increasingly places its rules at risk upon judicial review. Over the last couple of decades, courts have begun to expect agencies to use regulatory analysis techniques like cost-benefit analysis to justify their regulatory choices. This poses acute risks for the independent regulatory agencies, whose draft regulations are not reviewed by the Office of Information and Regulatory Affairs (OIRA), the White House experts on cost-benefit analysis. Independent regulatory agencies have not fully opted in to OIRA’s regulatory review, likely because they expect that OIRA review portends the end of their ability to make independent decisions. But what if it didn’t? This article draws upon the author's 10+ years at OIRA to offer a new way forward: bespoke regulatory review. That is, bilateral negotiations resulting in agreements between independent regulatory agencies and OIRA, custom fit to each agency’s unique features.