Effective Legal Framework Research Articles

SOME LEGAL ASPECTS OF THE IMPLEMENTATION OF THE EUROPEAN GREEN DEAL IN THE CONTEXT OF THE TRANSITION TO THE USE OF RENEWABLE ENERGY SOURCES IN UKRAINE

The article is devoted to the study of the legal aspects of the European Green Deal implementation in Ukraine, in particular in the context of the energy sector transformation the by increasing the share of renewable energy sources. There have been examined the key trends in the legal development of renewable energy and determines the environmental challenges caused by climate change and other negative factors affecting the environment, as well as analyzes the potential possibilities of adapting national environmental legislation to European legal standards in the field of renewable energy use. The author emphasizes the economic, social and environmental benefits of achieving the goals of the European Green Deal on the way to ensuring the sustainable development of Ukraine, calling for the creation of a clear and coherent system of legislation dedicated to the legal regulation of renewable energy in Ukraine. The results of the study points the urgency of creating an effective legal framework for the economy green transformation and the adaptation of energy and environmental policies to European requirements and standards. In the context of modern global environmental problems related to climate change, excessive pollution of atmospheric air, water and forest ecosystems, soil degradation as a result of both increasing anthropogenic load on natural resources and due to the development of objective laws of nature, one of the key priorities European environmental policy outlined the transition to the principles of sustainable development, which, in turn, generated the need to search for optimal mechanisms and concepts for ensuring such a transition. The European Green Course, adopted by the EU in 2019, is an ambitious and progressive strategy for the transformation of the European continent into a climate-neutral one by 2050. As a comprehensive conceptual package of legislative initiatives, to achieve this goal, the European Green Course includes not only the reduction of greenhouse gas emissions into the atmosphere, but also a significant increase in the share of renewable energy sources, an increase in the energy efficiency of European countries, and the integration of the energy markets of individual countries with the EU energy market. For Ukraine, the issue of implementing a policy of sustainable development by transitioning to the use of renewable energy sources is not only part of its European integration obligations, but also a time-tested necessity, taking into account the state of the country’s energy sector both during the war period and in the context of the post-war reconstruction of our country.

Проблема правовой квалификации преддоговорной ответственности

One of the pressing questions within the institute of pre-contractual liability is its legal qualification. The speci-ficity of this institute allows for a variability of norms regulating this type of civil liability. Despite the fact that the Supreme Court of the Russian Federation has seemingly provided a definitive answer to this question by de-termining that norms of tort law apply to instances of pre-contractual liability arising from the breakdown of ne-gotiations, this approach has encountered criticism from scholars in the field. In the present work, the author endeavors to critique the position of those who reject the tortious qualification of pre-contractual liability within the framework of Russian law. It is demonstrated that the particularities of the institute in question do not pre-clude the construction of this type of liability based on the norms of tort law, without the necessity of employing the framework of regulatory contractual relations that arise between negotiating parties. Through a comprehen-sive analysis, this article seeks to clarify the legal nature of pre-contractual liability, arguing for a more nuanced understanding that aligns with the principles of tort law while addressing the complexities of negotiation pro-cesses in civil transactions. This exploration contributes to the broader discourse on the reform of legal stand-ards governing pre-contractual relationships, ultimately aiming for a more coherent and effective legal frame-work.

Поправки в ГПК РФ о протоколе судебного заседания: анализ изменений

The article presents an overview and analysis of the amendments to the civil procedure legislation concerning the court hearing protocol, introduced by Federal Law No. 135-FZ of June 12, 2024. The author notes that the introduced changes aim to further improve and unify procedural legislation by mandating audio recording of court sessions. The article highlights the advantages, potential problems, and risks associated with abandoning traditional forms of court hearing protocols. The discussed procedural reform should be viewed positively in the context of the overall trend towards the digitalization of justice. However, its success will depend on the estab-lishment of adequate organizational foundations for the use of technical tools in maintaining court session pro-tocols and the development of an effective legal framework to regulate their application.

The legal nature of crypto assets and its reflection in the civil and tax legislation of the Russian Federation

The article analyzes the legal nature of crypto assets in Russian legislation and the specifics of their taxation, focusing on the need to form a legal framework that promotes effective protection of the rights of participants in the turnover of crypto assets.The methodological basis of the research is the dialectical method, the formal logical method, the formal legal method and the method of interpretation of law.The lack of a unified terminology base in the field of digital economy in Russian legislation creates additional difficulties in creating comfortable conditions for the development of the crypto asset market. Currently used various terms such as “virtual assets”, “digital assets”, “crypto assets”, “cryptocurrency” are not fixed in the current legislation. At the same time, the terms existing in Russian legislation do not allow for effective regulation in the field of taxation and civil turnover, since they intentionally exclude the most common crypto assets from their scope. Without clear and unambiguous legal regulation, it is difficult to ensure proper control and taxation of transactions with crypto assets, which can lead to significant tax losses and a decrease in budget revenues.Moreover, the concept of “digital currency” used in Russian legislation does not correspond to the generally accepted meaning in international practice and is mainly considered in an economic context, rather than in a legal one. Such a discrepancy in terminology creates additional difficulties for participants in the cryptocurrency market and creates obstacles to the formation of an effective legal framework for the regulation of the digital economy. According to the results of the study, it was concluded that the current approaches to the development of the terminological apparatus of the regulation of crypto assets have flaws, since they allow for a mixture of concepts and do not imply the formation of a clear hierarchy. The definition of “the digital asset” is proposed for the purpose of filling existing terminological gaps in the current legislation.

FEATURES OF INTERNATIONAL REGULATION IN THE SPHERE OF DIGITAL FINANCIAL ASSETS

The article is devoted to the study of the legal regulation of the market of digital assets and cryptocurrencies, which is one of the most relevant and dynamically developing areas of modern law and economics. The work examines the main approaches to the regulation of digital assets in various countries, analyzes the advantages and disadvantages of existing legal norms and proposals for their improvement. Based on the analysis, recommendations are proposed for the formation of an effective legal framework that can ensure the stable development of the market for digital assets and cryptocurrencies, while minimizing potential risks.

Navigating Influencer Liability on Social Media: Balancing Profits and Legal Risks

This study aims to investigate the legal responsibilities of influencers in social media, focusing on the role of the Indonesian Electronic Information and Transaction Law (UU ITE) in regulating online activities. This research uses qualitative research methods with a case study approach.The study explores how influencers can navigate their legal responsibilities in social media, ensuring that the information they share is accurate and non-misleading. The findings highlight the importance of understanding the legal framework governing online activities, including the UU ITE, and the need for influencers to be aware of their legal obligations. The study contributes to the development of more effective legal frameworks for regulating online activities and ensuring that social media platforms are used responsibly. The results suggest that influencers must be educated about their legal responsibilities and must ensure that the information they share is accurate and non-misleading. The study recommends that influencers develop clear policies and guidelines for their online activities and that they collaborate with brands that share similar values.

Artificial Intelligence and International Law: The Impact of Emerging Technologies on the Global Legal System

With the rapid development of artificial intelligence technology, its impact on international law is becoming increasingly significant. This paper explores the application of AI in international relations and the challenges it poses to existing legal systems, analyzing AI regulation within the current international law framework and the exploration of emerging international legal norms. Through specific cases, the paper elaborates on legal issues in the fields of intelligent weapons, cybersecurity, and data protection, emphasizing the importance of international cooperation and global governance mechanisms in addressing these challenges. Finally, the paper looks forward to future trends in AI technology and international law’s response strategies, proposing the necessity of constructing effective legal frameworks and ethical guidelines to promote the sustainable development of AI technology and the healthy development of the global legal system.

Impacts of Cybercrimes on the Digital Economy

Cybercrime poses a significant threat to the global digital economy, with far-reaching consequences for businesses, governments, and individuals. This article examines the multifaceted impact of cybercrime, including substantial economic losses, reputational damage, operational disruptions, and increased security costs. It explores how cyber threats stifle innovation, compromise intellectual property, and erode consumer confidence in digital transactions. The paper also discusses the regulatory challenges and national security implications of cybercrime. With global cybercrime costs exceeding $1 trillion annually, the need for robust cybersecurity measures and international cooperation is paramount. The article concludes that addressing the cybercrime threat requires a collaborative approach involving businesses, governments, and individuals to enhance cybersecurity practices, promote cyber hygiene, and develop effective legal frameworks. By tackling these challenges, we can safeguard the digital economy and foster a more secure and resilient digital future.

International Law (SDG'S): Regulation of Conflicts and International Relations

Objective: This research aims to explore effective systems for managing international conflicts and optimizing the global security framework amidst escalating military confrontations and worsening economic and environmental challenges worldwide. Theoretical Framework: The study delves into the integration of legal frameworks within nations engaged in hostilities, examining key institutions influencing the regulation of international conflicts. Method: Utilizing qualitative and quantitative approaches, the research scrutinizes scholarly publications, evaluates prevailing strategies employed by states in conflicts, and assesses major geopolitical entities' support for such conflicts. It synthesizes insights from diverse disciplines, including international law, political science, and international relations. Results and Discussion: Case studies of conflicts in Ukraine and Israel underscore the complexities of applying international law to contemporary conflicts. The study highlights the need to reform the legal framework of international organizations like the European Union to enhance conflict management efficacy. It emphasizes the importance of interdisciplinary research in developing more effective legal frameworks and strategies for conflict resolution and peacekeeping. Research Implications: This research contributes to understanding the dynamic interplay between law and politics in conflict resolution. Originality/Value: This research identifies areas for further research, including the role of international organizations in peacekeeping and the intersection of conflict regulation with other branches of international law.

Scientific uncertainty and the challenges of applying criminal law: Lessons from China's COVID-19 response

This study addresses the complexities of applying criminal law during public health emergencies, particularly under the shadow of scientific uncertainty, and explores the challenge of balancing public health protection with individual rights. The primary aim is to dissect the application of criminal law in the context of the COVID-19 pandemic in China, focusing on the impact of scientific uncertainty on legal decision-making and the efficacy of criminal law interventions in public health crises. This study utilized a doctrinal method combined with case studies, integrating theoretical frameworks on risk and uncertainty with an analysis of China's legal responses to COVID-19. It involved assessing legislative and policy documents alongside judicial decisions, focusing on their alignment with evolving scientific understanding and public health strategies. The study reveals significant hurdles, including the limitations of empirical rules in judicial judgments, the emergence of technocratic bureaucracy, and the complexities surrounding risk mitigation and legal attribution under uncertain conditions. It highlights the inadequacy of traditional criminal law mechanisms to respond dynamically to the evolving landscape of public health emergencies. To address these challenges, the study recommends the development of temporary criminal legislation tailored to public health emergencies, the adoption of risk-based criminal law approaches, and the refinement of individualized risk assessment procedures. These measures aim to provide a more flexible and effective legal framework capable of safeguarding public health while ensuring the protection of individual liberties during crises.

Legal Protection For Children In Interfaith Marriages: Comparative Study Between Indonesia And Other Countries

Interfaith marriage is a global phenomenon that raises various challenges, including in the context of legal protection for children. In Indonesia, this issue is becoming increasingly important considering the diversity of religions and beliefs held by its people, which requires an inclusive and fair legal approach. Comparative studies between Indonesia and other countries in terms of legal protection for children in interfaith marriages are important to identify best practices that can be adopted and adapted. This research aims to explore and compare the legal framework for child protection in interfaith marriages in Indonesia with other countries, to identify lacuna and provide policy recommendations. This research uses a normative legal approach with comparative studies, collecting data from various relevant sources and processing it to obtain significant findings. The research conclusions show that an inclusive and effective legal framework, along with efficient implementation, is the main key to ensuring the protection of children's rights in the context of interfaith marriages. Indonesia needs to adopt and adapt best practices from other successful countries in this regard, including strengthening the legal framework, increasing public education and awareness, and establishing effective support mechanisms. Through collaboration between stakeholders and active community participation, a more inclusive and supportive environment for children from interfaith marriages can be created. This ensures that their rights and welfare are thoroughly protected. It is hoped that the resulting policy recommendations can help strengthen child protection in interfaith marriages in Indonesia.

On the necessity to improve criminal legal counteraction to the creation and activity of dual-use biolaborations

The article deals with the topic of assessing the activities of dualuse biolaboratories and improving the criminal-legal counteraction to their negative impact. The author justifies the relevance of this topic by the growing scale of illegal activities of the United States in the field of dual-use biological research and their active expansion in the territory of the states bordering the Russian Federation.The author analyzes the general concept and characteristic features of dualuse bio-laboratories. The article emphasizes the importance of developing an effective legal framework to regulate the activities of such bio-laboratories, as well as norms establishing liability for violations committed during their establishment or organization of their activities. The article substantiates the necessity of adopting criminal-legal norms aimed at ensuring biological safety of the population and preventing the possibility of committing illegal actions when conducting biological research.In addition, the expediency of reforming the criminal legislation of the Russian Federation and making the necessary additions to the current version of Article 355 of the Criminal Code of the Russian Federation for the effective protection of biological safety is substantiated.

International Law: Regulation of Conflicts and International Relations

Objective: In the backdrop of escalating military confrontations and worsening economic and environmental challenges worldwide, this research aims to delve into effective systems for managing international conflicts and optimizing the global security framework. Theoretical framework: The study delves into the integration of legal frameworks within nations engaged in hostilities, examining key institutions influencing the regulation of international conflicts. It analyzes the evolution of conflicts in Ukraine and Israel, elucidating the involvement of legal institutions in regulating these conflicts. Methods: The research utilizes qualitative and quantitative approaches. It scrutinizes scholarly publications, evaluates prevailing strategies employed by states in conflicts, and assesses major geopolitical entities' support for such conflicts. It synthesizes insights from diverse disciplines, including international law, political science, and international relations. Results and conclusion: This research underscores international law's role in regulating conflicts through diplomatic frameworks, conflict oversight, and treaty enforcement despite challenges in politically charged environments. Case studies of Ukraine and Israel highlight the complexities of applying international law to modern conflicts. Research implications: The study highlights the need to reform the legal framework of international organizations like the European Union to enhance conflict management efficacy. It emphasizes the importance of interdisciplinary research in developing more effective legal frameworks and strategies for conflict resolution and peacekeeping. Originality/value: This research contributes to understanding the dynamic interplay between law and politics in conflict resolution. It identifies areas for further research, including the role of international organizations in peacekeeping and the intersection of conflict regulation with other branches of international law.

Legal barriers and enablers to upscaling ecological restoration

The UN Decade on Ecosystem Restoration and the 2022 Kunming‐Montreal Global Biodiversity Framework both signal the urgent need to upscale restoration efforts worldwide. Facilitative policy and governance frameworks are critical to these efforts. However, the legal barriers to restoration have been historically understudied. This paper assesses the legal issues affecting the implementation of ecological restoration, synthesized across four broad themes: recognizing the role of law in supporting ecological restoration, the incompatibility of some existing laws with the purposes of ecological restoration, the need to clarify terminology, and the legal challenges for restoration at the landscape scale. It concludes by summarizing the key considerations from the literature to inform effective legal frameworks for ecological restoration and identifying areas for further research.

Intellectual Stimulation and Performance of Water Works Development Agencies in Kenya.

This study sought to examine the effect of intellectual stimulation on performance of water works development agencies(WWDA) in Kenya and to determine the moderating effect of legal framework on the relationship between the intellectual stimulation and performance of water works development agencies (WWDA) in Kenya. A descriptive research design and positivist research paradigm was adopted. The population of this study was the 116 projects in the 8 Water Works Development Agencies (WWDAs) while the unit of observation was 116 projects in the organizations. This study employed stratified random sampling in selecting the sample. The study used primary data collected using a semi structured questionnaire. Data analysis was done using Statistical Package for Social Sciences (SPSS) computer software version 26. Qualitative data collected was analyzed using content analysis and presented in prose form. Quantitative data was analyzed using descriptive and inferential statistics. Descriptive statistics included mean, standard deviation, frequencies, and percentages. The study also computed correlation analysis to measure strength and the direction of linear relationship between variables. Regression model was fitted to the data to determine how the independent variable affect the dependent variable. The study further used hierarchical multiple regression models to measure the moderating effect of legal framework. The findings were presented in tables and figures. The study found that intellectual stimulation had a positive and significant relationship with the performance of WWDA in Kenya. On the moderator, the study found that legal framework has positive significant moderating effect on the relationship between intellectual stimulation and performance of WWDA in Kenya. Based on the findings, WWDA should encourage intellectual stimulation among their leaders to improve their performance. This can be done by providing opportunities for employees to engage in creative thinking and problem-solving activities. Leaders should also encourage employees to challenge their assumptions and biases, and to explore new and innovative ways of doing things. It is also important for leaders to provide training and development opportunities for their employees, which can enhance their knowledge and skills. Furthermore, leaders should create a culture of continuous learning, where employees are encouraged to seek out new information and ideas. Additionally, there is a need to establish effective legal frameworks that ensure transparency, fairness, and accountability in the management of public infrastructure projects, particularly those related to performance of WWDA in Kenya.

Redefining Boundaries in the Metaverse: Navigating the Challenges of Virtual Harm and User Safety

This paper analyses sexual crimes within the Metaverse to develop an effective legal framework. The aim is to enhance safety in virtual realities, ensuring the Metaverse remains a secure, respectful, and liberating environment for all users. As the Metaverse continues to evolve, merging augmented physical reality with digital existence, it introduces new opportunities for socialisation, commerce, education, and entertainment. However, this digital realm also faces significant challenges, particularly the increase in sexual violence. This article evaluates the development of the Metaverse and its impact on sexual offences. It provides an overview of the Metaverse, followed by an in-depth exploration of the nature of sexual violence in this virtual space, its effects on victims, and the resulting legal and ethical issues. Additionally, this article examines the complexities of combating sexual violence within the Metaverse, reviewing the legal frameworks in various jurisdictions, including the United States, the European Union, the United Kingdom, and South Korea. These examinations reveal a range of legal viewpoints and possible solutions. This article outlines a proposed legal framework, highlighting key strategic areas for mitigating sexual violence in the Metaverse. The primary objective is to enrich the discourse on the Metaverse, pushing for strong, flexible, and holistic legal measures. Through this research, we aim to contribute to the creation of protective mechanisms against sexual violence in these emerging virtual landscapes.

Female Genital Mutilation practiced by Dawoodi Bohras of Pakistan

This paper examines the practice of female genital mutilation (FGM) among the Dawoodi Bohra community in Pakistan. FGM, a non-therapeutic alteration of the female genitalia, is examined through the lenses of religion, culture and health. The Dawoodi Bohra, predominantly based in Karachi, practice FGM as a religious and cultural rite, linking it to notions of purity and social acceptance. Despite global efforts to outlaw and eradicate FGM, it persists, underpinned by deeply held beliefs and the insular nature of the community. The physical and psychological effects of FGM are profound, leading to immediate and long-term complications such as severe pain, infection and psychological trauma. This paper discusses the impact of these practices on women’s health and rights, while critiquing the lack of an effective legal framework in Pakistan to combat FGM. In addressing this issue, the paper contributes to the broader discourse on gender-based violence and the rights of women and children in patriarchal societies.

Digital Transformation of Health: Towards the European Health Data Space

The European space for health data (EHDS) is the first European proposal for the arrangement of a specific area common to the entire EU. The main goals are enabling citizens to control and use their own health data, nationally and throughout the EU (primary use of health data), cross-border exchange of health data and building a single market for digital health services. A further goal is to create an effective legal framework for the use of health data for research and innovation purposes (secondary use of health data), as well as the establishment of electronic health records and the development of a health data management system. In the paper author presents the concept of health data privacy in digital age and analyses the current health data protection legal framework. The paper examines the provisions of the EHDS Proposal, critically analyising the proposed terms of primary and secondary use of health data, as well as it's rules on data portability and interoperability.

The legal framework of the European Union in the field of combating environmental crimes

The article focuses on the activities of the European Union regarding the development of an effective legal framework for combating environmental crimes considering modern realities. It is noted that the existing norms on combating environmental crime in the EU are based on the provisions of the Treaty on the Functioning of the EU which sets the competence of the EU to define criminal offenses and sanctions in the spheres of EU policy to which harmonization measures apply (Article 83(2)). Attention is paid to the provisions of the following directives: Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC, which supplemented the list of illegal acts with new categories of crimes, established a deterrent level of sanctions, which ensures a more consistent application of conditions for enterprises in the EU; Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, which sets rules based on the «polluter pays» principle and related directives 2000/60/EC, 2008/56/EC, 2009/147/EC and 92/43/EEC. It is noted that the EU constantly works on improving the provisions of the acts adopted by it in the specified area, as evidenced by the directives, on the basis of which changes and amendments were made to the above-mentioned directives, regarding safety issues, waste management, simplification of reporting obligations in the field of environmental legislation (Directives 2006/21/EC, 2009/31/EC, 2013/30/EC, Regulation (EC) 2019/101).
 Attention is focused on acts related to the protection of certain objects, including: 1) acts aimed at combating pollution from ships: Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offence (as amended), Council Framework Decision 2005/667/JHA of 12 July 2005 to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution; 2) acts on combating trade in wild animals: Regulation (EC) No 338/97 (as amended), Commission regulation (EC) No 865/2006 (as amended), Commission Implementing Regulation (EU) No 792/2012 97 (as amended), Revision of the EU action plan against wildlife trafficking of 2022.
 It is noted that EU legislation is based on international universal acts adopted within the UN in the relevant field (International Convention for the Prevention of Pollution from Ships (MARPOL) of 1973, United Nations Convention on the Law of the Sea (UNCLOS) of 1982, Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) of 1975), which simplifies law enforcement and the introduction of measures to combat environmental crime.
 The importance of strategic acts adopted by the EU, including the Agenda and Action Plan on Drugs 2021–2025 and the Biodiversity strategy for 2030 is emphasized. Relevant conclusions have been drawn.

Idealized Influence and Employee Performance in Water Works Development Agencies in Kenya

This study sought to examine the effect of idealized influence on employee performance in water works development agencies (WWDA) in Kenya. It was guided by Transformational Leadership Theory. A descriptive research design and positivist research paradigm was adopted. The population of this study was the 7 Water Works Development Agencies (WWDAs) while the unit of observation was 450 staff in the organizations. Krejcie and Morgan were used to determine the study sample size of 207 respondents. This study employed stratified random sampling in selecting the sample. The study used primary data collected using a semi structured questionnaire. Data analysis was done using Statistical Package for Social Sciences (SPSS) computer software version 26. Qualitative data collected was analyzed using content analysis and presented in prose form. Quantitative data was analyzed using descriptive and inferential statistics. Descriptive statistics included mean, standard deviation, frequencies, and percentages. The study also computed correlation analysis to measure strength and the direction of linear relationship between variables. Multiple regression models were fitted to the data to determine how the predictor/independent variables affect the response/dependent variable. The study further used hierarchical multiple regression models to measure the moderating effect of legal framework. The findings were presented in tables and figures. The study found that idealized influence has a positive and significant relationship with employee performance in WWDA in Kenya. On moderator, the study found that legal framework has positive significant moderating effect on the relationship between idealized influence and the employee performance in WWDA in Kenya. Based on the findings of this study, it is recommended that WWDA should enhance idealized influence among their leaders to improve their performance. This can be achieved by developing a leadership style that exhibits strong ethical and moral values, and by consistently practicing what they preach. Leaders should also be seen as role models, which can inspire their subordinates to emulate their behavior. Additionally, there is a need to establish effective legal frameworks that ensure transparency, fairness, and accountability in the management of public infrastructure projects, particularly those related to water service delivery. Further studies should explore the impact of other factors such as technology, funding, and political will influence employee performance in WWDA in Kenya.