Federal Law Research Articles

Enhancing Justice and Efficiency: Advocating for the Adoption of Cognitive Interviewing Techniques Across Local and Federal Law Enforcement Agencies

Enhancing Justice and Efficiency: Advocating for the Adoption of Cognitive Interviewing Techniques Across Local and Federal Law Enforcement Agencies

Ensure compliance by assessing applicability of Fair Labor Standards Act

For nonprofits, the applicability of many federal laws and regulations can be quite confusing due to their very nature as a not‐for‐profit entity. Perhaps nothing demonstrates this more than federal laws relating to employment, specifically the Fair Labor Standards Act. The FLSA lays out a long list of rules and requirements for employers, including.

Bridging the Divide: Exploring Nonprofits’ Perceptions of Cannabis Philanthropy in the Changing Legal Landscape of the United States

Cannabis dispensaries in the U.S. aim to contribute to communities through philanthropy, but some nonprofits hesitate to accept donations. This exploratory case study in Colorado investigates nonprofits’ perceptions of cannabis philanthropy by surveying 317 organizations. Despite cannabis being illegal federally but legal at the state level, most respondents viewed cannabis philanthropy positively. Of the respondents who had negative views, many believe their negative views would shift if cannabis were federally legalized. Furthermore, the majority do not consider funds derived from cannabis sales as “tainted” or coming from a morally questionable source. The findings shed light on the complexity of how cannabis philanthropy is perceived, informing how nonprofits can adapt proactively to evolving cannabis philanthropy dynamics, particularly considering potential shifts in federal law. Additionally, the study reveals a favorable environment for the cannabis industry to engage in philanthropy and partnerships with nonprofits, and the potential positive impacts of such activities.

223 Survey of veterinarians who use pentobarbital for euthanasia suggests knowledge gaps regarding animal disposal

Abstract To assess 1) knowledge and practices of veterinarians regarding disposal of euthanized animals, 2) the extent to which veterinarians communicate with their clients about potential risks of rendering pentobarbital-euthanized animals, and 3) the extent to which veterinarians communicate potential relay toxicosis and environmental risks of pentobarbital-euthanized animals to clients. Over a 3-wk period in early 2021, 16,831 of the 99,500 members of the AVMA were surveyed, with 2,093 responses (a 12% response rate). Respondents were assigned to 1 of 3 categories on the basis of their answers: veterinarians euthanizing only food-producing species, veterinarians euthanizing only non–food-producing species, and veterinarians euthanizing both food-producing and non–food-producing species (i.e., veterinarians euthanizing mixed species). Veterinarians responding to this survey appeared to be aware of the major methods of animal disposal, and about 89% reported communicating the method of euthanasia with clients to help ensure appropriate animal disposal. However, the need for additional education on local, state, and federal laws and rendering, as well as on risks of relay toxicosis including wildlife predation and environmental impacts, was reported. Survey results identified gaps in knowledge of veterinarian regarding animal disposal following pentobarbital euthanasia. Further education on this topic may be beneficial, particularly for early- and mid-career veterinarians who euthanize non–food-producing species and for veterinarians who euthanize mixed species in urban and suburban communities.

STATE AND PROSPECTS FOR THE DEVELOPMENT OF ISLAMIC FINANCE INSTRUMENTS (SUKUK) IN RUSSIA AND ABROAD

The search for new sources of financing investment projects in modern Russia in the context of external sanctions and the implementation of geopolitical threats actualizes the problem of incorporating Islamic finance instruments into the structure of the financial market. The early twentieth century development experience of a number of foreign countries shows the steady growth of the assets of Islamic banks, investment funds and the volume of issuance of investment certificates (sukuk), which constitute the main segments of Islamic finance in the world. Islamic financial assets are widely represented in the Gulf countries, Southeast Asia, the Middle East and South Asia, and Africa. The implementation of the principles of Islamic finance in the Russian Federation is hampered by legal, cultural, historical and political factors. While there are certain Islamic financial products in Russia, there is no issue of sukuk at all. In this regard, the purpose of this paper is to study the principles of Islamic finance and the functioning mechanism of the market for the investment certificates (sukuk), possibilities and limitations of their implementation in the modern Russian economy. The author defines sukuk as an Islamic financial instrument used for securitization of assets, and identifies its differences from traditional bonds. Alternative approaches to solving the problem of compliance of sukuk with Sharia principles are analyzed. The prerequisites for realizing the potential of sukuk in modern Russia are determined and the obstacles to their issuance are formulated. It is concluded that the adoption of the Federal Law of 04.08.2023 N 417-FZ "On Conducting an Experiment to Establish Special Regulation in Order to Create the Necessary Conditions for Carrying out Partnership Financing Activities in Certain Constituent Entities of the Russian Federation and on Introducing Amendments to Certain Legislative Acts of the Russian Federation" and its implementation, taking into account its provisions of pilot projects in a number of Russian regions, will make it possible to intensify the process of incorporation of project financing instruments into the structure of the financial markets of modern Russia.

Application of Genomic Data for Consumer Procedures in Banking

The use of genomic information in banking – in particular, when issuing consumer loans and identifying clients – determines areas for the development of legal regulation of the application of genomic information. The establishment of the legal regime for genomic information is important due to the need to designate responsible persons for ensuring the safety of such information. In order to avoid disputable situations, as well as to protect the interests of banking customers, the present work advocates the introduction of certain amendments to the Federal Law ‘On Personal Data’ of the Russian Federation (2006). According to the proposed amendments, genomic (genetic) information should be classified as personal data. It therefore becomes necessary to increase the responsibility of the recipient of such information, as well as to establish rules for the restoration of a violated right. A suitable package of measures aimed at the banking sector will create an effective mechanism for protecting the genomic information of customers provided to a credit institution for the purposes of receiving banking or other services

So much for plain language: An analysis of the accessibility of U.S. federal laws over time.

So much for plain language: An analysis of the accessibility of U.S. federal laws over time.

Evaluating the effectiveness of a 5-day training on science-based methods of interrogation with U.S. federal, state, and local law enforcement investigators.

Evaluating the effectiveness of a 5-day training on science-based methods of interrogation with U.S. federal, state, and local law enforcement investigators.

Issues of improving the legal regulation of the first aid and determining its expanded scope

Introduction. First aid is a special type of assistance, is the primary measure in the chain of survival of the victim in emergency situations. The scope of the first aid in this edition of regulatory legal acts is not sufficient in situations where the victim is in a remote, inaccessible area and without the possibility of providing emergency medical care, which significantly reduces the chance of survival. The purpose of the work is to determine the list of measures for the provision of the extended first aid and develop proposals for improving the regulation of relations in the field of the first aid in an expanded volume between the participants of these relations to protect their legitimate rights and interests. Materials and methods. Research material: regulatory legal acts regulating relations in the field of the first aid and determining its scope. Research methods: analytical, logical, and information modelling. Results. The analysis of the studied normative legal acts showed the presence of a legal gap in the field of regulation of first aid including the uncertainty of the volume of the extended first aid. To improve the regulatory and legal regulation of first aid activities and contribute to the current legislation, the author has developed and proposed a draft volume of the extended first aid for discussion. Research limitations. In the study of issues related to the provision of the extended first aid, 18 regulatory legal acts were selected and analyzed: the Constitution of the Russian Federation, 7 federal laws, 10 orders of relevant ministries; as well as 2 technical acts (GOST). Conclusion. The developed project of the expanded first aid is proposed for consultations and discussions with state structures and officials defining health policy, as well as representatives of scientific institutions of the medical community to develop management decisions aimed at achieving a high level of preservation of human and citizen life and health in emergency situations.

ОСОБЕННОСТИ ПРОФИЛАКТИЧЕСКИХ МЕРОПРИЯТИЙ В НАДЗОРНОЙ ДЕЯТЕЛЬНОСТИ

Examples of normative consolidation of the reform of control (supervisory) activities in terms of the emergence of new types of activities are considered. The importance of preventive activities is emphasized, reflecting today's realities of implementing control (supervisory) activities. The issues of a moratorium on inspections until 2030 are touched upon. The types of preventive measures are given, and the features of preventive visits are outlined. A conclusion is made about the differences between individual terminological components mentioned in the Decree of the Government of the Russian Federation «On the peculiarities of the organization and implementation of state control (supervision), municipal control» and the Federal law «On state control (supervision) and municipal control in the Russian Federation» with a statement of the peculiarities of the interpretation of the term «mandatory preventive visit».

Реформирование пенсионной системы для плательщиков налога на профессиональный доход: региональная платформа

The difficulties that arose after the entry into force of the Federal Law “On conducting an experiment to estab-lish a special tax regime “Tax on professional income”” dated November 27, 2018 No. 422-FZ require a com-prehensive study and modification of the legislative framework. Many citizens who pay tax on professional in-come do not make contributions to the pension insurance system, which is one of the reasons for the high sub-sidy dependence of the Social Fund of Russia on the federal budget. According to the authors, it is necessary to develop a way to attract citizens to participate in the pension insurance program. The article considers an ex-ample of a possible solution to this issue: the introduction of tax deduction for taxpayers of tax on professional income in part of the tax paid, and assesses its impact on the regional budgets of the constituent entities of the Russian Federation.

Patterns of air pollution enforcement in Canada: Environmental priorities versus enforcement outcomes

Ambient air pollution is one of the leading health and environmental concerns worldwide, including in Canada. To reduce air pollution impacts, governments create and enforce various laws and regulations. Few studies have examined the particulars of enforcement and fewer still in Canada. To this end, we ask: How does enforcement vary across jurisdictions, time, or other factors? What types of violations or offenders appear to be prioritized for enforcement action in Canada? We created a dataset of air pollution enforcement actions between 2000 and 2020, using data from 8 provinces and the federal government. Through this process, we identified gaps in data sharing and transparency for air-pollution-related enforcement in Canada related to ease-of-access and standardization. Based on these available data, which has acknowledged limitations, we find that regulators appear to employ a cooperative and nonresponsive approach to enforcement, as demonstrated by low fines, a lack of escalating enforcement actions for repeat offenders, frequent use of low-level penalties, and infrequent prosecutions leading to few court convictions. Environmental priorities and enforcement outcomes appear to be misaligned, with few and low penalties for large emitters and repeat offenders. We offer recommendations to better align enforcement strategies with stated environmental policy goals, including focusing enforcement on high-risk offenses, improving data sharing, and strengthening federal environmental laws and agencies.

Confidentiality in the Care of Adolescents: Policy Statement.

Confidentiality is an essential component of high-quality health care for adolescents and young adults and can have an impact on the health care experiences and health outcomes of youth. Federal and state laws, professional guidelines, and ethical standards provide a core framework for guidance in the implementation of confidentiality protections in clinical practice. This policy statement provides recommendations for pediatricians and other pediatric health care professionals, clinics, health systems, payers, and electronic health record developers to optimize confidentiality practices and protections for adolescents and young adults across the spectrum of care.

Confidentiality in the Care of Adolescents: Technical Report.

Confidentiality is a foundational element of high-quality, accessible, and equitable health care. Despite strong grounding in federal and state laws, professional guidelines, and ethical standards, health care professionals and adolescent patients face a range of complexities and barriers to seeking and providing confidential care to adolescents across different settings and circumstances. The dynamic needs of adolescents, the oftentimes competing interests of key stakeholders, the rapidly evolving technological context of care, and variable health care billing and claims requirements are all important considerations in understanding how to optimize care to focus on and meet the needs of the adolescent patient. The following assessment of the evolving evidence base offers a view of the current state and best practices while pointing to numerous unmet needs and opportunities for improvement in the care experiences of youth as well as their health outcomes.

Discharge Interventions for Limited English Proficiency Patients: A Scoping Review.

Limited English proficiency patients are required under federal law to receive language-concordant care, yet they still receive substandard discharge instructions compared to English-speaking patients. We aimed to summarize the interventions carried out to improve discharge instructions in the limited English proficiency population. We conducted a scoping review of academic and gray literature from the United States using Preferred Reporting Items for Systematic Reviews and Meta-Analysis Protocols for Scoping Reviews guidelines. We searched PubMed, Embase, and CINAHL for studies to improve discharge communication. Of the 3330 studies, 19 studies met the criteria. Core types of interventions included written interventions alone, educational interventions alone, written and educational interventions, audio and visual interventions, and other types of interventions. Even among the same core types of interventions, there were differences in types of interventions, outcomes examined, and results. The majority of included interventions that studied satisfaction as an outcome measure showed improvement, while the other outcomes were not improved or worsened. More rigorous methodology and community involvement are necessary to further analyze discharge interventions for patients with limited English proficiency (LEP).

Drugs, guns, and violent crime in California

BackgroundThere is evidence linking use of controlled substances with perpetration of interpersonal violence. While the United States constitution protects the right to own a firearm, federal law prohibits firearm purchase and possession by persons believed to be at high risk for violence, including those who use controlled substances unlawfully. MethodsWe report here the results of a 13-year prospective observational study on the risk of violent crime associated with a history of criminal drug charges in a cohort of 79,678 legal purchasers of handguns in California in 2001. The main outcomes were post-purchase charges for any violent crime, violent Crime Index crimes (murder, rape, robbery, aggravated assault), and firearm-related violent crimes. The main exposure of interest was a history of pre-purchase charge(s) for drug-related offenses; we examined as a secondary exposure a history of marijuana-related charges. We estimated adjusted hazard ratios (aHR) with 95 % confidence intervals (CI) using Cox proportional hazards multiple events models. ResultsWe found that legal handgun purchasers in California with a history of drug-related charges, even those with marijuana charges only, had triple the risk of a post-purchase violent crime charge compared to purchasers with no criminal charges (drug charges only: aHR=2.9, 95 % CI 2.2–3.8; marijuana charges only: aHR=3.3, 95 % CI 1.8–6.0). In addition, a criminal history of drug charges only vs. no criminal history was associated with increased risk of one or more violent crime charges after the first post-purchase arrest event (aHR=1.6, 95 % CI 1.2–2.3). ConclusionIt is incumbent on researchers and policy makers to understand the nature and causes of this risk in order to take effective steps towards mitigation.

Global study on tobacco use among youth 13-15 years old in the Russian Federation: dynamic surveillance 2004-2021

The surveys used representative samples formed on the basis of all public schools. In 2004, 2015 and 2021 regional sampling included two stages. In 2021 national sampling included three stages: the selection of municipalities, schools and classes. All students of the selected classes were asked. The surveys used the same questionnaire. The total number of respondents - 38 345, the overall response rate - more than 90%. In the Russian Federation, in 2004-2021 among students aged 13-15, the prevalence of tobacco consumption decreased from 27.3 to 11.0%, passive smoking in homes from 76.4 to 23.1%, in closed public places from 89.4 to 23.7%. The consumption of ENDS and HTPs increased up to 16.7 and 3.5% respectively. Similar trends in consumption of products, passive smoking were identified in all the cities. The adoption in 2013 of the Federal Law "On protecting the health of citizens from the effects of second hand tobacco smoke, the consequences of tobacco consumption or the consumption of nicotine-containing products" had a significant impact on tobacco use by adolescents and reduced the prevalence of tobacco consumption and passive smoking among them by 3 times.

Retaliation in the Modern Workplace and Federal Laws in the United States of America: Cases and Reflections About the Undermining of Employees’ Legal Rights

Retaliation in the Modern Workplace and Federal Laws in the United States of America: Cases and Reflections About the Undermining of Employees’ Legal Rights

Междисциплинарный подход к оказанию услуг в сфере здравоохранения: российские практики в экспертных оценках в кейсе паллиативной помощи

Public innovations in the development of palliative care within the framework of an interdisciplinary approach introduced by the Federal Law № 18-FZ dated 06.03.2019 "On Amendments to the Federal Law "On the Basics of Public Health Protection in the Russian Federation" on palliative care" require expert assessments, which determines the relevance of the research topic and goal setting – to describe the state and identify changes in the organization of palliative care in the Russian Federation in expert assessments in connection with the introduced public innovations. The research methods are: secondary analysis of foreign model of palliative care organization and longitudinal study with the method of expert assessments of 2017, 2023. The results of the study are as follows. Firstly, it is revealed that under modern conditions, interdisciplinary approach is becoming a methodological basis for ensuring health systems sustainability. Secondly, the results of longitudinal study show that introduced public innovations in transformation of the Russian palliative care model increase expert assessments to satisfactory positioning concerning most components of palliative care organization, which was characterized as "very low" and "low" in 2017. Thirdly, such a component as "exemption from work for persons caring for a seriously ill family member (sick leave for care)", which received low expert ratings, is the growing point in the organizational model of palliative care.

ФОРМИРОВАНИЕ ЕДИНОЙ СИСТЕМЫ КООПЕРАЦИИ

The article reveals the essence, principles, and features of the adopted federal laws on cooperation. Based on the analysis of revenue from the sale of goods, works and services from non-agricultural activities of agricultural consumer and production cooperatives in the federal districts and Russia as a whole, trends and the need for changes in legislation on cooperation are highlighted, measures are proposed to form a unified cooperation system that will eliminate obstacles to cooperation of various forms of management in rural areas.