Form Of Legislation Research Articles

The Influence of The Phrase 'Online' on the Fulfillment of Public Participation in the Formation of Laws Through the DPR Legislative Information System

This research aims to analyze the influence of the phrase 'Online' on the fulfillment of Public Participation in Law Formation through the DPR's legislative information system. This research uses a normative legal research approach which includes legislative, conceptual and historical approaches. Method: The data collection approach in this research is library research. The data obtained is then processed through three stages, namely data reduction, data presentation, and drawing conclusions. Results: Research findings show that the term 'online' in article 96 of Law Number 13 of 2022 requires the DPR to be able to assist in implementing community involvement, one of which is through sileg. Apart from that, based on the provisions of Secretary General Number 13 of 2020 and the parliamentary website guidelines that have been prepared by the IPU, improvements and developments need to be made in the implementation of Sileg. Novelty: The novelty of this research comes from the research object, namely the formation of laws through the DPR Legislative Information System in the context of the influence of the phrase 'Online' on the fulfillment of community participation. Conclusion: Adequate information in Sileg at all stages of law formation can facilitate and encourage public participation in providing input on each bill that is being discussed and/or will be discussed in the DPR. The ideal implementation of sileg is as an online medium for people to carry out more meaningful community activities.

Overview of some aspects of protection of the right to information

The right to information in the broadest sense is a component of the constitutional and legal status of a person in the country, and the existence of an effective mechanism for realizing this right, including its protection, demonstrates the state of reality of the proclaimed principles of the rule of law. The article is an attempt to provide a broad overview of the possibilities of protecting the rights of individuals and legal entities to information in Ukraine. The authors tried not to limit themselves to analyzing the mechanisms of a specific branch of law, but made an attempt to outline possible violations of the right to information and analyze the legal means of stopping such violations and preventing negative manifestations in the future. The article analyzes both jurisdictional and non-jurisdictional ways of protecting the right to information, which have their own specific features of manifestation and application within different branches of law. The author considers the ways of protecting the right to information through the mechanisms of civil, administrative and economic branches of law, and makes a certain systematization of the types of violations of the right to information depending on the subject of violation (private or public), on the consequences, on the nature and manifestation of violations. The authors analyzes the positions of national courts and the European Court of Human Rights regarding the existence of legislative restrictions on judges in choosing the ways to protect the applicants’ right to information. The authors also compare the approaches of the European and Ukrainian legislators to the interpretation of the concept of “non-jurisdictional remedies” on the example of legal acts regulating the procedure for exercising information rights, and provide examples of relevant preventive measures (technical and organizational). The authors analyzes the capabilities of the Ukrainian Parliament Commissioner for Human Rights in the mechanism of protection of the right to information and provides examples of the use of his/her powers in response to appeals on violation of the right to information. Gaps in information legislation are identified and ways to eliminate them are suggested.

Participatory and proactive: real-time rights-based recordkeeping governance for the alternative care of children

Purpose This study aims to make the case for real-time rights-based recordkeeping governance as a new foundation for the regulation and systemisation of multiple rights in recordkeeping for the Alternative Care of children and young people. Design/methodology/approach This article aims to make the case for real-time rights-based recordkeeping governance as a new foundation for the regulation and systemisation of multiple rights in recordkeeping for the Alternative Care of children and young people. It investigates this concept using the Australian context as a critical case study to highlight some of the current limitations in Australian Alternative Care systems in the way recordkeeping rights are represented in existing regulatory frameworks and monitored in practice. This paper will argue for the need for systemic transformations in child protection and information legislation and regulatory systems to better represent and enact alternative care recordkeeping rights. Findings This analysis of the legislative provisions for participation in recordkeeping and access to records of Care experiences against the Australian Charter of Lifelong Rights in Childhood Recordkeeping in Out-of-Home Care reveals a number of limitations. While the direct provision of rights to access records and the strengthening of principles of participation in some of the jurisdictions are welcome, it illustrates how the risk-oriented focus of the legislation on child protection investigations and substantiations encodes opaque recordkeeping practices and works against the provision of the full suite of childhood recordkeeping rights envisaged by the charter. Furthermore, without provisions for systemic and dynamic oversight, those with Care experiences are left to pursue individual outcomes against significant bureaucratic odds. Research limitations/implications In line with international recognition that active participation and proactive provision of rights are a protective factor, this article contends that governance frameworks need to be proactively designed to respect and enact recordkeeping rights, along with requiring mechanisms for real-time monitoring and oversight if the records problems of the past are not to be perpetuated. Practical implications The study’s proposal for the need for a real-time, rights-based recordkeeping governance seeks to address the systemic recordkeeping problems that have been identified in research and public inquiry related to Alternative Care systems in Australia as well as in the UK. Social implications Adopting a governance model that prioritises real-time, rights-based principles will ultimately impact how the Alternative Care system approaches records and their value in the processes of care. Originality/value Placing real-time rights-based governance at the foundation of a reimagining of the Alternative Care recordkeeping model offers the potential to create a system that places rights in recordkeeping and ethics of care at its core. This has highly transformative potential for the overall Alternative Care system and its relationship with children in out-of-home care.

Socio-legal monitoring and its importance for identifying and establishing the limits of the scope of legal regulation

At any stage of the development of the state and society, there arises a need to identify the objective necessity for legal regulation of social relations. In addressing this issue, the legislator is confronted with two main challenges: on the one hand, they must avoid artificially expanding the scope of legal regulation, and on the other hand, unnecessarily narrowing it, since both may diminish the regulatory properties of law, thereby negatively affecting its effectiveness. Establishing the limits of legal regulation necessitates the use of various law-making technologies, which include socio-legal monitoring. The objective of this study is to delineate the essence of socio-legal monitoring as an independent law-making technology and a form of legal activity of the same name that enables setting the limits of legal regulation. The methodological basis of the research comprises the universal dialectical-materialistic method, as well as general scientific techniques (analysis, synthesis, induction, deduction, generalization, comparison, and some others) and specific scientific methods (formal legal, comparative legal) of scientific knowledge. Socio-legal monitoring is a law-making technology aimed at analyzing and evaluating the content and form of law-making, interpretation, law enforcement activities, legal provisions, as well as public relations by collecting diverse information in order to enhance the efficiency of legal regulation. This law-making technology forms the basis for implementing the same type of legal activity. The social nature of legal monitoring is determined by the inclusion of social relations (the object of legal regulation) among the objects of monitoring, the analysis of which enables to identify the scope of legal regulation and consolidate it as the subject of legal regulation. In terms of identifying and establishing the limits of the scope of legal regulation, three significant types of socio-legal monitoring can be distinguished. The specifics of each type will determine the place and potential use of this technology, as well as its significance: monitoring of public relations, monitoring of interpretive practice and monitoring of law enforcement practice.

A Right to Know? Using Access to Information as Method in Critical Criminological Research

Access to Information and Privacy (ATIP) requests are becoming an increasingly common method of qualitative inquiry, particularly for critical criminologists in Canada who face barriers in accessing Canadian prisons to conduct research. This article explores the politics of institutional gatekeeping and highlights the ongoing policing of critical criminological knowledge, necessitating the use of ATIP as a data collection method. Two case studies describe the strategies that the authors mobilized to acquire records from the Correctional Service of Canada (CSC) when their applications to conduct research inside prisons were denied. The authors argue that while access to information legislation is promoted as allowing for increased accountability and transparency of the government, real transparency is a public myth. This lack of transparency is linked to the ascendancy of administrative criminology in Canada, which ultimately devalues critical research and inhibits information flows in and out of carceral spaces.

Some aspects of legal regulation of information technologies in Ukraine

This paper examines the main aspects of legal regulation of information technology in Ukraine, analyzing key legislative acts and their impact on the development of the IT sector. Particular attention is paid to the issues of information, information technology and information security, which are critically important in the context of modern challenges and threats. The author proves that the Law of Ukraine "On Information" provides a broad and comprehensive definition of information which allows covering various types of data and information. This creates a legal basis for regulating various aspects of information activities. The author considers the importance of information technology (IT) in the formation of modern society and its role in the processes of informatization. It is noted that IT is a key factor of progress affecting all spheres of life, from business to science, providing fast processing and access to information. Attention is focused on legal regulation in the field of information and information technology and its importance in the modern world is determined. It is determined that IT includes: programming, databases, networks, information security, web development, artificial intelligence, data processing, etc. IT is constantly developing, which leads to the emergence of new technologies and opportunities for using information for the benefit of society. The paper notes that the interaction of information security and information technology is critical to ensuring the security and efficiency of modern information systems. Information technology provides the infrastructure on which information security is built, and information security, in turn, protects these IT resources. It is proposed to improve the legal framework and continue research in the field of information technology. It is proved that rapid changes in the information sphere necessitate a thorough study of the compliance of current information legislation with the real state of information relations in Ukraine, which determines the relevance of this topic for further research in this area.

Sexual Grooming Behavior and Processes of Women Who Commit Sexual Offenses Against Children.

Individuals who sexually offend often engage in manipulative and coercive behavior to begin, conceal, and continue the sexual abuse of children over time, referred to as grooming behavior. The large majority of research regarding grooming behavior derives exclusively from male sex offending samples, which is problematic because male and female sex offenders vary widely in their offending patterns, motivations, and behaviors. For the present study, we examined the nature of sexual grooming and processes exhibited by a sample of 50 women convicted of sexual offenses against a child. We were guided by Craven et al. model of sexual grooming, which focuses on self, environmental, and child grooming. To date, this is the only proposed model of sexual grooming that includes self-grooming as a step in the grooming process. Data included narrative interviews with women who were arrested, convicted, and assessed for risk and community notification purposes between 2014 and 2019. We also examined interviews with victims, witnesses, and other guardians. The findings from the current study indicated that women who sexually offend utilize a variety of self, environmental, and child grooming behaviors. Self-grooming was an intricate, complex, and layered process that continued throughout the duration of the offense. Details provided by the women in our sample suggested that environmental and child grooming occurred simultaneously rather than two distinct steps. A better understanding of grooming behaviors can assist in the detection of grooming behavior, development of appropriate responses to child victims, and inform future legislation and its implementation. Theoretical and policy implications are discussed.

Financial Challenges of Brick and Mortar Stalls with the Advent of E-commerce Businesses in and Around Bangalore

The explosive rise of e-commerce has led to a paradigm shift in the retail industry globally. This study looks at the specific economic difficulties faced by traditional brick and mortar shops in and around Bengaluru, India, as they discuss the changed market environment with the growth of e-commerce companies. This research provides complete knowledge about the economic challenges faced by the brick-and-mortar stalls by analysing key factors such as changing consumer behaviour, changing market trends and the generally increasing operating costs of the metropolitan setting of Bengaluru. The study examines the impact of low pedestrian traffic, changes in pricing strategies and rising maintenance costs, highlighting the complexity of these issues in the Bengaluru retail environment. The report examines various strategies and corrective measures that can help brick and mortar shops survive and compete in the face of the increasing dominance of e-commerce. The report provides robust guidance for traditional traders who want to thrive in this changing economic environment and provides comprehensive information about the regional market dynamics of Bengaluru. This research provides useful information for company owners, legislators and other stakeholders who want to maintain the life of traditional retail in the digital age. This will deepen our understanding of the complex interactions between brick-and-mortar shops and e-commerce in Bengaluru.

A framework towards the implementation of freedom of information legislation in South Africa

Purpose The purpose of this study was to investigate a framework for the implementation of freedom of information (FOI) legislation in South Africa, against Article 19’s nine principles of FOI legislation. Design/methodology/approach This qualitative study used semi-structured interviews to collect data from six experts selected by means of the snowball sampling technique and content analysis. The study used a modified Delphi design consisting of two rounds of interviews. Findings The results showed that little effort is made by government officials to demonstrate commitment to the implementation of FOI legislation. Practical implications The passing of FOI is expected to reduce corruption, increase public participation, reduce the level of secrecy and increase transparency and openness. This is not the case as the implementation of this socioeconomic right in South Africa is faced by numerous challenges, such as a lack of political will, secrecy laws providing for the opposite of what the FOI legislation seeks to achieve, poor legislative interpretation and a lack of clear policies. The study proposes a framework aimed at addressing these challenges. Originality/value The study provides a framework for the implementation of FOI legislation. The framework was developed under the guidance of Article 19 principles of freedom of information legislation.

On the issue of codification of information legislation in the context of digital transformation

The article analyzes the state and prospects of codification of legislation on information technologies in the context of digital transformation of the state, society and entrepreneurship. The analysis of the existing experience in the development of concepts and projects of Information and Digital Codes is carried out. A comparative analysis of the state and place of information legislation in the system of legislation of the Russian Federation is given. The problems and prospects of the adoption of the Digital Code of the Russian Federation are analyzed. The article concludes that it is necessary to continue working on the concept and content of the Information Code of the Russian Federation, as well as the priority of developing the General part of the Information Code of the Russian Federation and the corresponding terminological apparatus.

Power and Public Administration: Applying a Transformative Approach to Freedom of/Access to Information Research

Freedom of Information (FOI) or Access to Information (ATI) legislation regulates the right to make written requests for government records. Previous research either interrogates the effectiveness of FOI/ATI legislation for advancing government transparency or positions the requests as a means for gathering data on government institutions. This article intervenes in this debate by treating FOI/ATI mechanisms as the vantage point from which to examine questions about power in public administration. Adopting a transformative approach, this article explores the potential of using FOI/ATI requests as a liberatory tool that enables the analysis of power dynamics in public administration. For this purpose, the author draws upon her experience with Canada’s ATI regime and requests from the Immigration and Refugee Board. This article documents how ATI requests reveal policy tensions within the Board related to case and performance management, as well as patterns of front-line staff resistance to these measures. It goes on to examine complaints about delays made to the ATI watchdog which expose the attribution of ATI resources towards non-ATI responsibilities. This article highlights the contribution that FOI/ATI requests can make to public administration research.

Geojournalism, data journalism and crowdsourcing: The case of Eco-Nai+ in Nigeria

Data journalism is increasingly vital in our data-driven society, requiring professionals to gather, analyze, and visualize data for public understanding. While scholars recognize its significance, the audience-centric aspects remain underexplored. This study focuses on Eco-Nai+, a digital geo-journalism platform aiming to be Nigeria’s first. It provides interactive data access via web and mobile apps and tools for geospatial data handling. Employing a multi-method approach, including document analysis, interviews, and platform analysis, this study examines how geo-data enhances data-driven storytelling, fosters cooperation and co-creation in data collection, and creates a new income stream for news organizations. From a business standpoint, Eco-Nai + functions as a “newstech” company, capitalizing on digital age challenges. It offers journalists a means to inform and engage the public and policymakers in vital environmental discussions, especially in environments with limited open data sources. Crowdsourcing data is critical in this context, where open data and freedom of information legislation are lacking. This research contributes to the data journalism discourse by exploring audience involvement in data-driven storytelling and advocating for public participation in data journalism projects to enhance reporting and understand data’s societal role. It also underscores the value of geojournalism skills in delivering spatial products and thematic maps, adding context and insights beyond numerical data. Eco-Nai + exemplifies the potential for data journalism to bridge information gaps and drive meaningful conversations in an increasingly data-centric world.

Applications of artificial intelligence to identify fake accounts: Psychological and legal aspects

This article analyzes the threats posed by the proliferation of fake accounts in today's information society. The authors consider the history of the emergence and development of this problem, as well as the ways proposed by governments and the international scientific community to address it. In search of a viable solution, they compare various methods for limiting the spread of fake accounts. They suggest using artificial intelligence technology as a promising alternative. As a training basis for AI, the authors propose analyzing the behavioral motivations of those who create fake accounts, in order to utilize a trained behavioral analytics system to combat fakes automatically. Along with key principles for using behavioral metrics, the authors provide various examples that illustrate the feasibility and effectiveness of their proposed solution. Special attention is paid to the legal aspects of implementing the proposed solution, as the process of detecting fake accounts is intricately linked to the processing of biometric and other personal data. The requirements for the storage and processing of personal data are becoming stricter every year. Therefore, in order to limit the spread of fake accounts, it is essential to find a solution that complies with information legislation.

INFLUENCE OF TRANSCRIPTION TOOLS ON EFFECTIVE COMMUNICATION IN COUNTY ASSEMBLIES IN CENTRAL REGION OF KENYA

The study investigated the influence of transcription tools on effective communication in County Assemblies in Central Region of Kenya. The research adopted a mixed methods approach, incorporating both quantitative and qualitative data collection methods. A sample of 149 participants, comprising County Assembly staff, Members of County Assembly (MCAs), and key informants such as Speakers, Clerks, and Majority Leaders, were selected through purposive and stratified sampling techniques. Data was collected through structured questionnaires and in-depth interviews. The study found a significant positive relationship between the use of transcription tools and effective communication in County Assemblies. The descriptive findings indicated positive perceptions towards the utilization of voice recognition software, transcription foot pedals, and audio digital recorders, with respondents agreeing that these tools facilitated transcription processes and enhanced communication. Inferential statistics, including regression analysis and ANOVA, confirmed the significant positive impact of transcription tools on communication effectiveness. Furthermore, the study revealed a high overall response rate of 85.9%, highlighting the importance of the research topic and the willingness of participants to contribute to understanding the influence of transcription tools. The study's conclusions emphasize the need for continued investment in transcription technologies and training to maximize their benefits in County Assemblies. Recommendations for managerial practices and policy makers include developing clear guidelines, allocating adequate resources, and fostering a culture of transparency. Additionally, the study contributes to the Uses and Gratification theory and the Media System Dependency theory by highlighting the diverse motivations for using transcription tools and the potential for dependency on these tools for accessing legislative information. . The intent of this study is to add to the existing literature and provide additional knowledge on Legislative bodies. Overall, this research provides valuable insights for enhancing communication practices in legislative settings.

Examining the Rise of Intimate Partner Violence during COVID-19: A Call to Action for Psychologists as Social Advocates

The circumstances of the coronavirus disease-2019 (COVID-19) pandemic and the resulting confinement of persons culminated in political unrest, demonstrations for social justice, and increases in crime, including intimate partner violence. The pandemic gave intimate partner abusers free reign to monitor the activities, movements, and communications of domestic abuse survivors, restricting access to planning and implementing an escape route. This resulted in the need for psychologists to provide psychological services, some of which were restricted by the limitations of the pandemic. With psychologists providing this assistance, it appears clear that they are in a unique position to inform policy, political decisions, and social justice based on their training, clinical practice, and expertise in human behavior and human suffering. This paper addresses the need for psychologists as social advocates, arguing that they occupy a vital position in both treatment and research that enables them to represent those affected by intimate partner violence (IPV), as well as inform legislation on this issue.

Water-Ecosystems-Food nexus security achievement in the context of climate change: the case study of an agricultural Mediterranean Basin, Greece

Natural resources conservation is considered indispensable for a sustainable future. A thorough managerial analysis of the current and future conservation and availability to meet future demands is both necessary and challenging. As water of adequate quantity and good quality is required for a favourable condition of natural ecosystems and for agricultural production, a comprehensive analysis which would consider hydrological, environmental and agricultural dimensions is needed to properly address their interactions and potential impacts. This study presents a Water-Ecosystems-Food (WEF) nexus methodological flamework aiming at identification and mitigation of critical challenges. The framework is tested in a highly productive water basin in north Greece, the Kokkinorema River Bain, which is also characterised by intense agriculture practices. The presented methodological approach was developed in the context of a natural resources sustainability scheme adapted by the national funded AgroClim project. The selection and prioritisation of the most efficient measures, including Nature-based Solutions, would be driven by a Decision Support System (DSS) tool which will feed upon ecological, social, economic and legislative information. The proposed DSS will also incorporate future climate scenarios to evaluate and address expected future water scarcity, ecosystems degradation and reduced agricultural productivity issues. The proposed methodology for addressing nexus challenges could be transferred to any other natural resources-stressed water basin with similar characteristics.

Development of a New Conceptual Model: Consumers’ Purchase Intention towards Eco-friendly Bags

Purpose: The main purpose of the study is to look at the elements that influence customers’ buying intentions for eco-friendly bags. This investigation aims to provide useful information for stakeholders, including corporations, legislators, and environmental groups. It will investigate the factors that influence customer purchasing intentions toward environmentally friendly solutions, as well as their implications for accomplishing sustainability goals such as reducing resource consumption, limiting waste creation, and lowering carbon emissions. The primary goal of this research is to promote a more environmentally conscious and socially responsible consumer culture that develops a more sustainable relationship with the environment. Design/Methodology/Approach: This research relies on secondary data obtained from scholarly sources available on platforms like Google scholar, ReserachGate, Web of Science, SSRN, and others. The study also employs focus group discussions to formulate hypotheses and identify factors that influence consumers’ intentions to purchase eco-friendly bags. Findings/Result: This study employs empirical data and a conceptual model to investigate the determinants of consumers’ intentions to purchase eco-friendly bags. Key factors identified include environmental consciousness, social influence, product attributes, willingness to invest, and perceived environmental advantages. Consumers are more inclined to buy eco-friendly bags when they possess strong environmental awareness, are influenced by social factors, find the product appealing, express a willingness to pay a premium, and perceive tangible environmental benefits. The research contributes valuable insights into drives of consumer preferences for sustainable and eco-friendly products, exemplified by eco-friendly bags. Originality/Value: This study used conceptual models, theories, and focused group interactions to establish several postulates about the factors influencing consumer purchase intentions for eco-friendly bags. Paper Type: Review of literature for the development of the conceptual framework.

Information as a weapon: features of application in modern realities

The article defines and considers the features of using information as a weapon in modern society. As of today, information legal relations are rapidly developing, which is due to scientific progress, the use of innovative technologies and the emergence of new information resources. Many legal concepts are gradually losing their relevance, despite the fact that some acquire new meaning in connection with various historical events and require clear legal regulation. One of these is information, which is currently used not only as new knowledge or a commodity, but as a weapon, especially in the context of hybrid wars. After all, then the psychological processing of the conflict region is carried out, which affects not only military personnel, but also the civilian population. It is clear that the post-industrial society has many information opportunities, but the use of information weapons requires a detailed study, taking into account the current situation in the world, in particular in Ukraine. Every year, information turns into a means of political influence, losing its main function. And it is this that creates a danger for the development of states and future generations, since many modern wars begin precisely with information wars. In view of this, it can be argued that the topic of research «information as a weapon» needs a comprehensive study from a legal point of view. An analysis of a number of current legal acts related to informational legal relations was carried out, in particular the Law of Ukraine «On access to public information». Given the novelty and certain specifics of information law, there are still no unified studies on the essence of «information weapons» and related concepts. In order to protect and protect the information rights of a person and citizen, as well as the rights to life, freedom and dignity in democratic states, it is necessary to systematically analyze the concept of «hybrid war» as a legal phenomenon and gradually fill the gaps in information legislation. Thanks to the use of many textbooks and achievements of modern legal thought (scientific works), problematic issues of this topic were revealed.

A ‘legacy of suspicion’: the UK National Archives, the ‘migrated archives’ and the insecticide debacle of 2022

AbstractIn early 2022 the UK National Archives (TNA) suddenly withdrew one of its most sensitive archival collections from public access. There was no warning, and, for a considerable time, no explanation, thus fuelling a decades-long ‘legacy of suspicion’ about the underlying motives of TNA, the Foreign Office and even the entire British government. This article traces that story using early speculations expressed by users (and potential users) of the so-called ‘Foreign and Commonwealth Office migrated archives’, information eventually provided by TNA, and an analysis of some requests submitted under the UK Freedom of Information legislation. It concludes with a discussion of a new TNA programme to open up the collection to the national archives of the countries from which the records were removed at independence.

Information and communication technologies legislation for self-government bodies

The research relevance is determined by the fact that in Ukraine, digital and information processes are increasingly popularised in the activities of local self-government bodies, allowing for prompt resolution of certain community tasks. However, the legislation in this area does not fully meet the requirements for the use of information and communication technologies. The study aims to analyse the powers of local self-government bodies to use information and electronic resources in their activities. The main research method used was the systemic and structural one, which helped to determine the specifics of the use of information and communication technologies. The results of the study show that Ukrainian legislation fragmentarily regulates information and communication relations of local self-government bodies. It is proposed to adopt a specialised legislative act. It is determined that local self-government bodies have a fairly significant number of information and communication technologies and e-government tools. It is found that it is expedient for Ukrainian local self-government bodies to adopt the experience of the Republic of Poland in using the crowdsourcing tool, but for its implementation, it is necessary to adopt an appropriate legal act and allocate adequate funding. The author emphasises the importance of the opinion of the international European community in the field of information support for the activities of public authorities and local self-government within the framework of bilateral partnership. The author emphasises the need to consider the financial capacity of Ukraine to maintain and develop new information and communication technology tools under the legal regime of martial law. The practical significance of the results obtained is that they encourage the introduction of new information and communication technology tools in the work of local self-government bodies.