Draft Rules Research Articles

Analysing The Various Facets of Online Gaming In India Vis-À-Vis The Draft Rules For Online Gaming

Analysing The Various Facets of Online Gaming In India Vis-À-Vis The Draft Rules For Online Gaming

Pillar Two – Gauging the Impact on the Banking Landscape

Pillar Two, the regime introducing a globally consistent 15% minimum tax, is due to come into force from 1 January 2024 across a number of jurisdictions. Despite this only being a matter of weeks away, certain areas of the rules are still subject to discussion, thus creating complexity for groups. As more jurisdictions release draft rules and enact their legislation, further complexities are arising which could have material impacts for all groups subject to Pillar Two. In this article, the authors consider some of the key challenges that the banking sector faces in complying with Pillar Two and the actions that should be taken.

Empirical Research on Reasons for Non-Implementation of Labor Codes

The four labor codes of India, namely the code on wages, the industrial relations code, and the occupational safety, health, and working conditions code, represent a significant overtake of the country’s labor laws. These codes are set to replace 29 labor laws in India. The main aim of introducing these codes was to ensure that all of them enjoy the benefits of labor laws related to minimum wages and social security and to streamline and modernize the labor regulatory framework, providing clarity and flexibility to both employers and employees. Since labor is a concurrent subject, the Centre and states must frame the rules. Although the Centre notified the codes in September 2020, no state has notified the requisite rules under these codes. Just 12 states have published the draft rules so far. So once all the states are on board, the codes will be implemented. The primary goal of this article is to enlighten the readers regarding the reasons for the non-implementation of these four codes in a few states and the benefits of introducing these four codes in India. At the end of this article, an attempt was made to point out the reasons and flaws in these four labor codes.

Rule 3 of the Draft Code on Wages (Central) Rules, 2020: An important milestone


 When Rule 3 of the Draft Code on Wages (Central) Rules, 2020 (hereafter referred to as ‘Draft Rules’) was notified, the shortcomings of Rule 3(1) in the Draft were highlighted by the discussion paper published by the International Labour Organisation and the recommendations made by Oxfam. This paper argues that despite its shortcomings, Rule 3(1) in the Draft Rules is still an important milestone for the progressive realisation of workers’ welfare in India, because it is the first time that the Union Government has shown normative commitment towards ratifying the recommendations of the 15th Indian Labour Conference, 1957. The benefit of calculating the minimum wage as per Rule 3(1) of the Draft Rules, which is in tune with the 15th Indian Labour Conference recommendations, would be that it will ensure that the minimum wages will be set at a quantum higher than usually set by the Committees and Wage Boards appointed by the Union Governments throughout history. Therefore, while it is necessary that the civil society organisations eventually push for a better version of Rule 3(1) in the Draft Rules, it is equally important that they act as watchdogs to ensure full-fledged ratification and implementation of the 15th ILC norms in Rule 3(1) in the Draft Code Rules in the first place.

Anthroponyms in Russian Written Speech

The paper deals with the spelling of proper names and designations related to the field of anthroponymy. This includes a common problem of the use of an uppercase letter, as well as the spelling alterations between “hyphen — contact — space”, particularly the cases marked with spelling ambiguity. The latter may be caused by: a) controversial onymic-appellative status of the name, b) multicomponent structure of the name, c) combination with common words (including generic terms acting as an identifiers), d) foreign origin of the name, e) transitional status of the name between the proper name and the appellative. It is well illustrated by names with nickname component that retain conceptual information (Nikolai the Wonderworker and Nicholas the Pleasant, Muraviev-the-Hangman, etc.), as well as metaphoric designations (the Iron Lady, the Yellow Emperor, the Russian Rocket, the Father of Nations, the Sun of the Nation, etc.) and expressive Internet nicknames (White crow ~ White Crow, Good man ~ Good Man, etc.). The difference in spelling may reflect the opposition between individual and categorical, negative connotations, instability of norm, stylistic coloring. The study also covers the problem of spelling the names with prefixes (anti-, false-, neo-, pseudo-), postpositive components (older, younger, father, son), names of foreign origin, names with auxiliary elements. A separate section is devoted to the names of fictional characters (literary, folklore, film, etc.) which include common nouns or consist of them totally. In this case the spelling depends on which of these components retain their status and which are onymized. Attention is also paid to the problem of using proper names in the common noun function (playing Stradivari, Faberge collection, etc.). Ultimately, the author outlines some general principles of names spelling regulation, such as the principle of economy in the use of a capital letter (first formulated by Yakov K. Grot), consideration of the name’s transitional status, conditional use of variants. These are exemplified by draft rules for spelling the proper names of people and anthropomorphic creatures, provided in appendix.

LEGAL POLITICS IN FORMATION OF REGIONAL REGULATIONS IN A PROVINCE, REGENCY/CITY AS RESPONSIVE LEGAL PRODUCTS

The paper addresses legal politics formation which is a continuing topic in developing countries such as Indonesia. One of the main challenges is to produce regulations that are adequate, valid, and have strong legal standing that eventually satisfy public requirements. Therefore, the main objective of this study is twofold, to understand how legal politics has been applied properly in establishing regulations at the regional government level and evaluate whether the formation of regional regulations meets the indicators of responsive legal character in the institutions. The methodology used in this study is a combination between normative legal research and socio-juridical research. There are two main findings of the study. First of all, particular formal and material parameters have not been accomplished properly by the government which has implications for the rejection of the proposed draft rules thereby sacrificing more effort, time, and unnecessary costs. The second main finding is that a number of regional regulations being formed do not meet the indicators of responsive legal character, which affects public needs. Finally, several recommendations are suggested to properly deal with these main issues in the future. Keywords: Legal Politics, Local Government, Normative Legal Research, Responsive Regional Regulations DOI： https://doi.org/10.35741/issn.0258-2724.58.2.72

Politicheskij debyut naslednika cesarevicha Nikolaya Aleksandrovicha (18 dekabrya 1889 g.)

Th e author examines the background, circumstances and consequences of the political debut of the heir and Tsarevich Nikolai Alexandrovich, the future Emperor Nicholas II. It took place on December 18, 1889, during the discussion at the General meeting of the State Council of the draft rules “On the production of court cases under the jurisdiction of Zemstvo chiefs and city judges”. Th e heir’s participation in meetings of not only the State Council, but also the Committee of Ministers and the Finance Committee, as well as at the head of a Special Committee to help those in Need in Areas Affected by Crop Failure, and the Committee of the Siberian Railway is highlighted.

Over-the-counter hearing aids: What will it mean for older Americans?

In October 2021 the Food and Drug Administration released draft rules creating a new class of hearing aids to be sold over the counter. Since Medicare does not cover hearing aids, the ready availability of low-cost aids is potentially good news for the millions of older Americans with hearing loss, a disorder that is associated with isolation, depression and poor health. However, better financial access to hearing aids will not necessarily translate into better hearing: many older people will need assistance in fitting, using and maintaining their aids. Policymakers, managers, and clinicians need to consider how to structure, fund and deliver these vital adjunctive services.

Non-Negative Minimum Volume Factorization (NMVF) for Hyperspectral Images (HSI) Unmixing: A Hybrid Approach

Spectral unmixing is essential for exploitation of remotely sensed data of Hyperspectral Images (HSI). It amounts to the identification of a position of spectral signatures that are pure and therefore called end members and their matching fractional, draft rules abundances for every pixel in HSI. This paper aims to unmix hyperspectral data using the minimal volume method of elementary scrutiny. Moreover, the problem of optimization is solved by the implementation of the sequence of small problems that are constrained quadratically. The hard constraint in the final step for the abundance fraction is then replaced with a loss function of hinge type that accounts for outliners and noise. Existing algorithms focus on estimating the endmembers (Ems) enumeration in a sight, discerning of spectral signs of EMs, besides assessment of fractional profusion for every EM in every pixel of a sight. Nevertheless, all the stages are performed by only a few algorithms in the process of hyperspectral unmixing. Therefore, the Non-negative Minimum Volume Factorization (NMVF) algorithm is further extended by fusing it with the nonnegative matrix of robust collaborative factorization that aims to perform all the three unmixing chain steps for hyperspectral images. The major contributions of this article are in this manner: (A) it performs Simplex analysis of minimum volume for hyperspectral images with unsupervised linear unmixing is employed. (B) The simplex analysis method is configured with an exaggerated form of the elementary which is delivered by vertical component analysis (VCA). (C) The inflating factor is chosen carefully inactivating the constraints in a large majority for relating to the source fractions abundance that speeds up the algorithm. (D) The final step is making simplex analysis method robust to outliners as well as noise that replaces the profusion element positivity hard restraint by a hinge kind soft restraint, preserving the local minima having good quality. (E) The matrix factorization method is applied that is capable of performing the three major phases of the hyperspectral separation sequence. The anticipated approach can find application in a scenario where the end members are known in advance, however, it assumes that the endmembers count is corresponding to an overestimated value. The proposed method is different from other conventional methods as it begins with the overestimation of the count of endmembers wherein removing the endmembers that are redundant by the means of collaborative regularization. As demonstrated by the experimental results, proposed approach yields competitive performance comparable with widely used methods.

Regulating artificial intelligence in the EU: A risky game

The EU continues its quest to draw the contours of innovative legislation for the digital domain. The European Commission’s draft Regulation on artificial intelligence (AI) is a clear departure from previous ‘soft’ attempts to set the rules through ethical principles and industry pledges. The EU aspires to be the first global player to adopt a comprehensive framework that classifies and regulates the roll-out of AI software and hardware within its internal market. The draft rules try to provide legal certainty for public and private bodies across the EU, while making sure that potential risks to its citizens are minimised. This article sketches out some of the most important provisions of the draft Regulation and tries to critically assess its potential shortcomings related to implementation and enforcement. The final version of the AI proposal should avoid the mistakes of previous attempts to draft transnational rules for the online space and establish a sufficiently flexible legal framework.

Lex Generalis Derogat Legi Speciali: IHL in Human Rights Regulation of Military Courts Operating in Situations of Armed Conflict

The operation of military courts is clearly allowed for and, in some cases, mandated by international humanitarian law (IHL). Nevertheless, the use of military courts has been one of the most controversial and hotly debated areas of human rights. Despite the ostensibly exclusive military domain, many human rights bodies have registered significant scepticism towards this type of justice. Consequently, they have sought actively to regulate this ‘IHL space’ with scant attention to the requirements of IHL itself. The article examines comments, case law, draft rules and other measures taken by two human rights frameworks: the United Nations Human Rights Council and the African Commission on Human and People's Rights. It will analyse how, since 2000, these bodies have approached the issue of IHL when assessing the legitimacy and operation of military courts. For instance, do they consider IHL as a source of law guiding their efforts and rely on IHL instruments? How do they resolve conflicts between IHL and international human rights law? Additionally, the article will consider the validity, legality and effectiveness of these efforts. It concludes that, in reviewing military courts, there exists significant neglect of IHL in human rights frameworks. Through overlooking IHL or relegating it to a sub-specialty of international human rights law, these bodies not only ignore applicable law, they deprive themselves of the wealth of expertise found in commentary, debate, jurisprudence and practice in the IHL sphere. Instead, integrating IHL analysis and theory and affording it its appropriate respect within relevant human rights discussions will allow for greater legal and policy coherence, and human rights bodies will be better placed to fulfil their mandates.

Submission to the ACICA Rules Revision Consultation 2020

In 2020, the Australian Centre for International Commercial Arbitration undertook a public consultation process regarding amendments to the ACICA Arbitration Rules 2016, with a view to formulating a new ACICA Arbitration Rules 2020. The ACICA Rules Committee released the ACICA Rules 2020 Consultation Draft (current as at 6 April 2020), incorporating proposed changes to the existing ACICA Rules 2016, for public comment. This Submission was prepared for the purpose of that consultation process, and addresses the way in which the ACICA Rules 2020 Consultation Draft addresses identification of the governing substantive law. It makes two different recommendations as to how the Draft Rules' relevant provision can be improved.

Draft Companies (Corporate Social Responsibility Policy) Amendment Rules, 2020: An Analysis

The said article discusses and provides a brief analysis of the proposed changes to the (Indian) Companies (Corporate Social Responsibility Policy) Rules, 2014) (Current Rules), proposed to be introduced in light of the Draft Companies (Corporate Social Responsibility Policy) Amendment Rules, 2020 (Draft Rules).

Особенности и перспективы реализации проекта федеральных норм и правил в области промышленной безопасности «Правила обеспечения устойчивости бортов и уступов карьеров, разрезов и отвалов»

Особенности и перспективы реализации проекта федеральных норм и правил в области промышленной безопасности «Правила обеспечения устойчивости бортов и уступов карьеров, разрезов и отвалов»

Comments and Suggestions of the Institute of Industrial Economics of the National Academy of Sciences of Ukraine to the Draft Rules for Awarding Scientific Degrees

The paper highlights the comments and proposals prepared by scientists of the Institute of Industrial Economics of the National Academy of Sciences of Ukraine to the draft Rules for Awarding Scientific Degrees, developed by the National Agency for Quality Assurance in Higher Education (NAQAHE) and proposed for public discussion. The proposals address the issues of organization of dissertation defence, improvement of organizational forms of presentation of materials, motivation of applicants for scientific work and involvement of young people in creative activities, increasing the prestige of science, problems of admission to the defence of dissertations of applicants, who are working in business entities, but not in educational and scientific institution, personal responsibility of members of the specialized academic councils for unreasonable decision-making, low level of professional expertise and unpretentiousness, as well as emphasizes the need to substantiate the provisions on funding pre-trial procedures and the defence of dissertations, especially in budgetary institutions. In the paper considerable attention is paid to the requirements given in the draft Rules to applicants for the degree considering publications of main results of their studies. The proposed system does not provide a balance between the remuneration of scientists and the costs associated with the publication of their scientific results in journals, which are indexed in leading abstracting and indexing services. It is inexpedient to accept the proposed requirements for dissertations in the form of scientific articles for candidates for the degree of Doctor of Philosophy. The article provides a table of changes that are proposed to be made to the draft Procedure for publications. Given that the process of preparation of higher qualifications scholars goes far beyond the powers and competencies of the NAQAHE, it is proposed to return to the system of the Higher Attestation Commission (HAC) as a supervisory body under the Cabinet of Ministers of Ukraine. This system has paid off over the years, along with the expansion of the rights, duties and responsibilities of higher education institutions and research institutions for the training of scientific personnel – doctors of philosophy and doctors of sciences. The important role of the Ministry of Education and Science of Ukraine and the National Academy of Sciences of Ukraine in scientific and methodological support and coordination of research works, which should become the basis of dissertation research, their examination and coordination of implementation, is also emphasized.

Вопросы нормализации правописания двойных согласных в заимствованных словах в проектах усовершенствования и стандартизации русской орфографии 1930–1956 годов

The paper deals with traditionally problematic and not fully settled issues of Russian spelling – the spelling of double consonants in borrowed words. The peculiarities of regulation of the spelling concerned in the number of normative sources of the 18–20 centuries are specified. The author considers the views of some linguists on possible reasons for this varia-ble writing and proposals for eliminating the diversity that is characteristic of spelling practice both before and after the 1917th – 1918th spelling reform. A detailed analysis is made of the materials of eleven projects of Russian spelling improvement and standardization, which were elaborated by spelling commissions in the period from 1930 to 1956. The paper provides a description of normative settings of the projects that differ in character and content: prescrip-tive, built in the form of a traditional spelling rule-explanation and the recommendation to the writer to refer directly to the dictionary. Common views on approaches, validity and expedi-ency of normative principles considered in the context of spelling discussion of 1964 and the subsequent discussion of this issue are revealed. Consideration is given to the formulation of the double consonant spelling rule in loanwords in the complete academic reference book (2006), and examples of variable spelling from modern practice are provided. The source base of the research, along with explanatory, spelling dictionaries and draft rules, were un-published archival documents of the Russian Academy of Science.

Draft Rules Proposed by India on Profit Attribution to a Permanent Establishment – An Analysis

The Indian government has issued a draft circular inviting suggestions/comments from the public regarding its examination of the existing approach to profit attribution to a permanent establishment, under article 7 of India’s Double Taxation Avoidance Agreements , and regarding the recommended changes to Rule 10 of the Income Tax Rules 1962designed to bring clarity to domestic law regarding the attribution of profits. The draft rules emphasize a formulary approach to the attribution of profits to a permanent establishment. This article explains the rationale provided by the Indian government for this approach, issues arising from the proposed approach and the impact of the proposed approach on multinational enterprises with operations in India.

The “Science” of Policy Development During Administrative Rulemaking

The legitimacy of government agencies rests in part on the premise that public administrators use scientific evidence to make policy decisions. Yet, what happens when there is no consensus in the scientific evidence—i.e., when the science is in conflict? I theorize that scientific conflict yields greater policy change during administrative policymaking. I assess this claim using data from the U.S. Food and Drug Administration (FDA). I identify policy change—what I refer to as “policy development” in this article—between the FDA's draft and final rules with a novel text analysis measure of shifts in regulatory restrictions. I then go on to find that more policy development does occur with scientific conflict. Moreover, using corresponding survey data, I uncover suggestive evidence that one beneficiary of such conflict may be participating interest groups. Groups lobby harder—and attempt to change more of the rule—during conflict, while an in‐survey experiment provides evidence of increased interest group influence on rule content when scientific conflict is high.

An Analysis of the Public Protector's Investigatory and Decision-Making Procedural Powers

This article critically analyses the Draft Rules to the Public Protector Act 23 of 1994 and examines the efficacy of the Public Protector’s decision-making procedural powers. Several procedural lacunae are identified. In particular the article evaluates the procedural distinction between an investigation and a hearing as defined in the Draft Rules and the Act. It is unclear from a reading of the Draft Rules whether a hearing is simply part of the Public Protector’s investigatory process or whether it functions as a separate quasi-judicial decision-making process in its own right. A significant lacuna is the failure to specify the procedural protections available to an implicated person or a witness in an investigation or a hearing. A primary problem with the Draft Rules is the very broad procedural powers awarded to the Public Protector which are open to procedural abuse. The article suggests a number of amendments to the Draft Rules which should be modelled on the procedural methodology applied in the Special Investigating Units and Special Tribunals Act 74 of 1996. Moreover, the article suggests that the decision-making powers of the Public Protector should be divided between the Public Protector and an independent and temporarily appointed adjudicator.

The Four Lives of Customary International Law

Abstract This article tells the story of customary international law in the 98 years between the introduction of the draft rules to the new Permanent Court of International Justice and the adoption of the Conclusions on the identification of customary international law by the International Law Commission in 2018. This story is articulated around four moments of rupture and metamorphoses: 1920, 1927, 1986, and 2018. Each of these four metamorphoses originates in powerful interventions by actors resulting in a redefinition of how arguments about the customary status of a rule ought to be made. It is argued that the doctrine of customary international law, by undergoing these four metamorphoses, has gone through 4 different stages: the age of innocence (1920–1927), the age of dualism (1927–1986), the age of turmoil (1986–2018), and the return to innocence (2018-present). The story offered in this article is a story about the four lives of customary international law.