Legal Regulatory Framework Research Articles

CONTROVERSIAL ANALYSIS OF CANNABIS RECLASSIFICATION: PERSPECTIVES IN A NARRATIVE REVIEW

Cannabis has a long and controversial tradition. A narrative review was conducted in 2024 with the aim of analyzing the discrepancies in the reclassification of cannabis for medical use and research in 2020. Indexed journals, scientific digital resources, reports from international organizations, States and expert opinions from institutions and scientists were critically examined. The results showed scientific evidence on risks and possible benefits, with a complex, biased, contradictory and inconclusive history. The damage to health and life led to its classification in an international regulatory legal framework, violated by drug trafficking and the patenting of molecules that do not meet the requirements as drugs, trivializing their abuse. After legalization, abuse, trafficking and harm increased, especially among young people. The pro-legalization environment of high-potency cannabis in a globalized world has decreased the perception of risk, even among health personnel, distorting communication. The thriving cannabis industry, with its sophisticated marketing, attracts young people. It was concluded that methodological and practical inconsistencies persist in research, weakening the international drug control regime. The benefits of reclassification are not evident; on the contrary, abuse, trafficking, physical and mental illness, indirect deaths and damage to the environment continue to increase, which could lead to the legalization of all drugs, threatening human health and survival.

Strengthening regulation for medical products in Tanzania: An assessment of regulatory capacity development, 1978-2020.

Improving medicines regulation can lead to better population health, but how this process works in low- and middle-income countries remains underexplored. Tanzania's pharmaceutical sector is often cited as a successful example of a well-functioning regulatory system in a developing country, attributed to the work of the Tanzania Food and Drugs Authority (TFDA), now the Tanzania Medicines and Medical Devices Authority (TMDA). This raises the question: how was this regulatory capacity developed, and what lessons can other countries learn from Tanzania's experience? This paper analyzes changes in Tanzania's pharmaceutical regulation over three periods of significant sectoral reform. A desk review was conducted of Tanzania's policies, laws, regulations, guidelines, procedures, and institutional reports. The study reveals that Tanzania's regulatory capacity improved significantly through targeted reforms that addressed challenges in key regulatory areas. The three key periods examined are: 1) The separation of medicines regulation from food safety (1978-2003), 2) The expansion of regulatory domains and the establishment of a semi-autonomous regulatory agency (2003-2011), and 3) The expanded role of the Pharmacy Council to include premises regulation (2011-2020). The development of a well-functioning regulatory system in Tanzania resulted from advancements in four key areas: 1) The evolution of a legal regulatory framework, 2) Strong stakeholder engagement, 3) Continuous capacity building, and 4) Effective organizational leadership. Tanzania's regulatory system has evolved from being relatively ineffective to leading regional harmonization efforts in East Africa. This progress was not linear, requiring sustained effort, collaboration, and support from key development partners such as the Global Fund, WHO, and UNDP. Future efforts to enhance regulatory effectiveness should focus on creating adaptive systems that respond to changing needs, rather than solely prescriptive functions.

Systematisation of Conceptual Approaches to Formation of Business Ethics in the Context of Legal Regulation of Entrepreneurial Activity

Introduction. In the frame of entrepreneurship development, promotion of business ethics becomes particularly important as a mechanism for business harmonization, ensuring legal equality, healthy competition and fair attitudes to consumers. However, the controversial approaches to defining the concept of “business ethics” and the multiple interpretations thereof prevent from boosting the global spread of business culture in the legal regulation framework. In this regard, the aim of the study is to systematise the conceptual approaches to substantiation and formation of business ethics in the context of legal regulation of entrepreneurial activity.Materials and Methods. The methodological basis of the research includes the general and specific scientific methods. The methods of analysis, comparison and systematisation enable the study of the integral parts of business ethics to get deep understanding of this concept. By comparing different interpretations, the common grounds in the interdisciplinary approaches to substantiation of this concept are revealed. Systematisation fosters organisation of the legal and moral values into a single hierarchical structure that forms the essence of business ethics. The philosophical-juridical method reveals the interrelation of the philosophical approach contained in the entrepreneurial value reference points and the legislative norms of society.Results. The research has revealed a pattern of business ethics development in the context of global and national wellbeing. The hierarchical structure of business ethics has a top-down nature: the international level, the macro level and the micro level. Despite the influence of cultural specifics on the development of the moral value system, the formation of business culture should go in correlation with the norms of law and the needs of society, along with establishment of the corporate boundaries and general entrepreneurial principles. At the corporate level, the integration of business ethics into the enterprise strategy is beneficial for its image and reputation, and the efficiency lies in promotion of the socio-economic, legal and other aspects fostering creation of fair, sustainable and conscious business.Discussion and Conclusion. The concept of “business ethics” is studied in the various scientific contexts. Despite all differences in interpretation, the mechanism of forming the business ethics in the framework of entrepreneurial activity is uniform, it includes creation of the code of ethics, training in ethical principles, development of a system of incentives, elaboration of the methods of prevention and punishment. In various contexts, this mechanism is aimed at eliminating unlawful forms of competition, ensuring economic, social and legal security, increasing the level of responsibility and creating an efficient system of business values.

Exploring the Dimensions of Religious Freedom: A Global and Comparative Analysis

Religion constitutes a fundamental aspect of the cultural and spiritual lives of individuals globally, encompassing an array of traditions, rituals, and practices. Within the context of liberal democracy's evolution, religion emerges as a critical element of political liberty and personal conscience. On an international scale, the right to religious freedom has been established as a core human right, essential for the sustenance of democratic governance. Despite its recognition, the right to religious liberty remains a highly contentious issue. Even in democracies that provide constitutional protections for religious freedom, debates persist regarding the extensive interpretation and implementation of this right, particularly concerning the rights of religious minorities within these nations. This study explores the concept of religious freedom as a globally recognized right, examining its representation and interpretation across various international and regional legal frameworks. Through this analysis, the paper endeavors to provide a comprehensive overview of religious freedom on both a global and regional scale. Furthermore, it delves into the state of religious freedom in various political systems, ranging from democracies such as United States to theocracies and monarchies like the United Kingdom and countries characterized by a strict demarcation between religion and state affairs, exemplified by France's secularist approach.

Redefining Protection: Challenges and Solutions in Safeguarding Religious Minorities within International and Regional Legal Frameworks

This paper examines the challenges in defining and safeguarding religious minorities within international and regional legal frameworks. It explores the main research question of how existing legal instruments and definitions impact the protection of religious minorities and aims to propose recommendations for improving these protections. Through a literature review and critical analysis of international and regional legal frameworks, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and various regional instruments, the paper identifies significant gaps and inconsistencies in current protections. Key issues highlighted include the lack of a universally accepted definition of religious minorities, the limitations of international and regional instruments, and the varying interpretations of religious rights by bodies such as the European Court of Human Rights. The paper concludes with recommendations for clearer definitions, more robust legal provisions, and enhanced international and regional cooperation to better safeguard the rights of religious minorities. The findings emphasize the need for more effective approaches to protecting religious diversity and ensuring proper representation.

ENSURING SAFETY AND PROTECTION OF PERSONAL DATA ON THE INTERNET: ISSUES OF SELECTION OF OPTIMAL RESEARCH METHODOLOGY

This article explores the methodologies and legal challenges associated with personal data protection within the global information space. We examine the limitations of relying solely on specialized research methods and techniques. We argue that personal data protection issues require a more comprehensive, multidisciplinary methodological approach. The primary goal is to analyze the selected methodological strategies and evaluate their effectiveness. The subject of the study is to analyze the issues of methodological approaches in legal research on personal data protection. We analyze a philosophical framework that seeks to deepen the understanding of personal data protection issues, addressing legal and ethical dimensions. We aim to contribute to the broader discourse on data security and privacy through various lenses, including legal, technological, and philosophical perspectives. The study focuses on four analytical methods for developing legal technologies to protect personal data internationally. A systematic analysis of personal data as a legal phenomenon, functional analysis within the framework of legal regulation, sociological and psychological approach, and axiological analysis to understand the meaning and evolution of personal data protection rights. These approaches aim to create a unified concept of legal technology for personal data protection, which makes it possible to identify new types of data, study the components of legal technology in detail, and increase the efficiency of legal regulation.

Regulation of Environmental Responsibility by Multinational Enterprises: From the Perspective of Host States

With the vigorous development of the global economy, the global ecology and environment are deteriorating. As one of the main economic activities in the world, transnational corporations greatly promote the economic development of the home country and the host country. However, at the same time, when transnational corporations conduct business activities overseas, due to various reasons, their activities in the host country have a great impact on the surrounding environment, and have caused actual environmental harm to the local environment. This paper uses the method of case analysis and comparative analysis to study. Therefore, this paper discusses the environmental regulation of multinational enterprises from the perspective of the host country. It examines how host countries implement local environmental standards and the impact of MNEs activities on the local environment. The analysis includes a discussion of the effectiveness of the current regulatory framework and its ability to hold multinational corporations accountable for environmental degradation. At the same time, taking the environmental impact as an example, the problems existing in the current legal regulatory framework are pointed out. Finally, the paper proposes strategies to strengthen the environmental responsibility and sustainability practices of MNE operating in host countries.

Maritime Disputes from a Global Perspective and Solutions under International Law

This study explores the utilization and challenges of international laws in resolving global maritime disputes through a detailed analysis of representative cases from South America, Africa, and Asia. It highlights the crucial role of international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), in providing a legal framework and dispute resolution mechanisms. However, the study also identifies significant challenges, including political interference, legal ambiguity, and enforcement issues. By comparing regional dispute settlement mechanisms, the study demonstrates the effectiveness of multilateral negotiations in South America, regional legal frameworks in Africa, and a combination of multilateral and unilateral actions in Asia. Based on these insights, the study proposes several recommendations to enhance the international legal framework, promote regional cooperation, and innovate dispute resolution mechanisms. These measures aim to ensure fair and effective resolution of maritime disputes, maintain maritime peace and stability, and promote the healthy development of global ocean governance.

Актуальные вопросы в части развития института интеллектуальной собственности Союзного государства

In the article it is analyzed the legal regulations of the Union State regarding intellectual property issues. The position is formulated about the lack of uniformity of terminology used in the provisions of acts of the Union State, as well as about the existence of contradictions between the norms of the Annex to the Agreement between the Government of the Russian Federation and the Government of the Republic of Belarus on scientific, technical and innovative cooperation “Intellectual property and confidential information” with domestic legislation. A proposal has been made to unify the terminology of the regulatory legal framework of the Union State in accordance with the conceptual and categorical apparatus of the domestic legislation of the participating states. According to the analysis of the problem of legitimization of parallel trading, various requirements of domestic legislation in relation to the regulation of parallel trading on the territory of the member states of the Union State have been identified. A proposal is being formulated to develop unified approaches to compiling a catalog of production containing intellectual property objects may to be imported into the regions of the Union State.

К ВОПРОСУ ПРАВОВОГО РЕГУЛИРОВАНИЯ СЛУЖЕБНОЙ ДЕЯТЕЛЬНОСТИ СОТРУДНИКОВ ПОДРАЗДЕЛЕНИЙ ПО ДЕЛАМ НЕСОВЕРШЕННОЛЕТНИХ

The article deals with the issues of legal regulation of the official activities of employees of juvenile affairs units. The author emphasizes that the legal regulation of official activity plays an important role in pre-venting the commission of offenses and crimes by minors. Attention is drawn to the rights and obligations of employees of juvenile affairs units. In addition, the regulatory legal framework is considered in detail, thanks to which it is possible to carry out preventive measures and effective preventive measures in order to prevent minors from violating the legislation of the Russian Federation

Research on policy and regulations on changing of forest land to other land uses in Vietnam

The Land Law of 2013 and the legal regulatory framework have established provisions for repurposing forest land for other uses. However, due to the widespread conversion of forest land to non-agricultural purposes and a lack of effective control, existing policies and laws exhibit certain shortcomings. Specifically, legal challenges arise from contradictions among related laws (such as the Land Law, Planning Law, Forestry Law) regarding the authority to approve the repurposing of protective and special-use forest land for alternative purposes. Additionally, the process for such repurposing is complex and lacks sufficient rigor. The main objective of this article is to propose refinements to the land policy and legal framework concerning the repurposing of protective and special-use forest land. A study collected input from 50 managers in two provinces (Quang Ninh and Lao Cai) to assess the appropriateness and direction of amendments to the land policy and laws on this matter. An evaluation of the current state of land repurposing in 12 provinces, representing six economic and social regions of the country from 2014÷2020, showed that 276.662 ha of protective forest land and 55.057 ha of special-use forest land were repurposed. The research results have proposed amendments to several articles of the 2013 Land Law and highlighted some key discussion points.

Научная экспертиза как ключевой фактор социально-экономического развития

The article discusses the issues of increasing the role of scientific expertise in the management of science, education and economics, its impact on the effectiveness and quality of scientific, scientific, technical and educational activities. Scientific expertise in the fields of sciences that have a direct impact on the development of the intellectual capital of society, as the main factor of economic growth and social progress, is of particular relevance and importance. The results of the analysis of the quality of education, the effectiveness of intellectual activity, and the regulatory legal framework in terms of scientific expertise are presented. Based on the identified problems, recommendations are made to improve the legal support and the mechanism for conducting scientific expertise, on the state of which, along with other factors, the level of scientific, technological and socio-economic development of the country depends.

Strengthening legal preparedness and response within the global health emergency framework: the role of the GHSA Legal Preparedness Action Package*

The COVID-19 pandemic exposed failings in preparedness and response across the world and a shortfall in global health security. The crisis also highlighted shortcomings in global and regional legal frameworks, including the International Health Regulations (2005) and relevant European Union law, as well as in national public health legislation and emergency plans. Lessons learned from the pandemic converge around strengthening preparedness and response capacities at all levels, with special attention to be paid to legal preparedness, a critical component of public health emergency preparedness. Improving legal capacities at country level is one of the strategic priorities set by the Global Health Security Agenda (GHSA), which established a new Legal Preparedness Action Package (LP AP) in order to elevate attention to and the importance of legal preparedness worldwide. Since 2021 the LP AP has been front and centre in international efforts to bridge the legal preparedness gap at national level. In bringing together technical experts in global health law and government health policy officials from a broad range of countries and partners, the LP AP seeks to set a foundation for legal preparedness by developing technical and capacity-building tools, legal guidelines, policy briefs, information and training. This article aims to illustrate and contextualize the work of the GHSA LP AP and raise awareness about the importance of its contribution to enhanced global health security. It also intends to highlight how its work promotes and develops synergies with parallel initiatives, processes and tools, facilitates regime interaction and harmonization of technical assistance and ultimately ensures consistency of action, methodology and approaches.

Могут ли стороны частноправового спора распоряжаться фактами в судебном процессе?

The article substantiates the fundamental possibility to dispose of facts within the framework of legal regulation, especially through the application of admission of facts; presents a brief excursion into the Russian history of judicial admission and analyzes its main concepts; shows on the example of foreign practice approaches to the solution of key issues in the case of application of the dispositive theory of admission.

Tax policies with a human rights perspective: towards greater tax justice

Purpose: The main objective of this study is to analyse tax policies from a human rights perspective. Motivation: This study is inspired by the observation of crises that appeal to us, revive existing challenges, and lead us to re-evaluate public services. In connection with the causes and consequences of these contexts, this study formulates a new approach to taxation practices, connecting the design of tax policies with their capacity to contribute to the realisation of economic, social, and cultural human rights. Design/Methodology/Approach: The research was carried out following a methodology that includes a review of the relevant literature, the analysis of the work of international institutions in the field, and the examination of international and regional legal frameworks for the protection of human rights, in connection with states’ obligations to provide adequate services. Main findings: Tax justice stands as a pillar to ensure that states, through the management of public resources, can fulfil their obligations in the mitigation of economic and social inequalities and in the funding of rights and public services. Practical implications/Managerial impact: The changes resulting from globalisation, transnational trade, offshoring of production and, among others, advances in digitalisation, make it necessary to analyse the validity of the foundations of our tax systems towards achieving the long-awaited tax justice. This study aims to contribute to the consolidation of the basis for this necessary connection between tax policies and human rights. Novelty/Contribution: This study argues that only those tax policies that integrate a human rights perspective can be considered optimal for achieving tax justice.

Digital systems for special educational needs documentation in Swedish preschools: new organisational maps for municipalities and professionals

ABSTRACT This article examines the use of digital documentation systems for preschool special education in Swedish municipalities. Drawing on concepts of organisational learning, the research examines the extent to which municipalities use digital systems and their rationales for such use. A survey of municipalities’ use of digital documentation systems indicated three different system types, and findings from interviews with officials in six municipalities suggest two core rationales that guide documentation systems for special education in preschools. The first rationale focuses on managing knowledge rooted in systems’ formal properties and legal-regulatory frameworks. The second concerns managing professional practice through documentation processes, access, and communication. Digital solutions have consequences for managing and processing documentation and the utilisation of professional knowledge. For the municipality to be a learning organisation, greater interactions are needed between the two, and special educational knowledge needs to play a greater role and be generated and stored through documentation practice.

Professional Standardization of Library and Information Activities

The professional standard “Specialist in Library and Information Activities” came into effect on 1 March 2023. The state regulatory document consolidates the status of the industry and the library and information profession in the system of social production. The article highlights the regulatory legal framework and a brief history of professional standardization of librarianship, which began in 2013. The adoption of the “Strategy for the Development of Librarianship in the Russian Federation for the Period up to 2030” opened a new stage in the organization of work on professional standardization of the industry. The conceptual approaches to the development of the document are analyzed: differentiated and integrated. The expediency of the integrated approach as more rational taking into account the current tasks of the industry development is substantiated. Library and information activity is presented in the document as an integral branch type of professional activity, and its functional areas — as generalized labor functions, including all production and technological processes of library work. The functional and logical structure of the professional standard and the semantic series of concepts underlying its decomposition are considered. The new nomenclature of positions of library and information specialists recommended by the professional standard is given, their qualification range is characterized, requirements to education, regular training and practical work experience are noted. It is concluded that the professional standard is a model of competences of a library and information specialist, aimed at fulfillment of the whole complex of functional tasks of a modern library. The introduction of the professional standard creates a normative basis for the formation of the qualification range of library specialists taking into account the requirements to the profession of a librarian of the digital era, the implementation of personnel strategies of libraries of different systems and departments, determines the vectors of improvement of all parts of the system of library and information education. It is a tool for managing the development and use of human resources potential of the industry. The document plays an important role as a basis for the inclusion of library and information activities in the National Qualifications System, which will significantly increase the prestige of the library profession and the industry as a whole, as well as ensure the implementation of the state library personnel policy.

Organizational and administrative procedures for determining the damage and extent of damage to real property as a consequence of russian aggression

One of today's urgent needs is to provide compensation and indemnification to citizens of Ukraine for damage and destruction of specific categories of real estate objects caused by the military aggression of the Russian Federation. The state tries to protect the property rights of Ukrainians, guaranteeing them the right to compensation or compensation for destroyed or damaged property through national protection methods. In practice, we are still far from applying the procedure for obtaining compensation for damages. However, we must do everything today to record the relevant facts and prepare the necessary documents. Since war crimes do not have a statute of limitations, we are only at the beginning of the formation of practice in this direction. For this purpose, the theoretical principles were analyzed, and practical recommendations were given regarding organizational and management procedures for determining damage and real estate damage due to Russian aggression. Methodology. This research was conducted using an analytical method, which involved a comprehensive analysis of normative legal acts and Ukraine's institutional base. The focus was on the potential for creating a system to protect the property rights of individuals and legal entities in the aftermath of the Russian Federation's aggression. The research object was the legislators and normative-legal national and international documents pertaining to property rights protection. The research results show that in Ukraine, there are legal, institutional, and technical prerequisites for creating a system for calculating damaged and destroyed real estate caused by the Russian Federation's military actions. For the full functioning of the damage compensation system, the existing legislative and regulatory legal framework must be supplemented with legal acts that would allow the regulation in the legal field of the issue of institutional and technical provision of property rights, considering the international system of jurisdiction. Scientific novelty and practical significance. The main problematic tasks that must be solved to build and operate an effective reimbursement system of real estate value are defined. Considering that the solution to this problem is of international importance, the defined system of measures aims to improve the ways of solving this problem. Keywords: aggression, compensation, damages, compensation, property rights, regulatory acts, real estate.

Legal regulation of information processes within the framework of preventive SMART monitoring

The purpose of this study is to analyze the legal problems that arise during implementation of preventive SMART monitoring in the financial and budgetary sphere, identify conflicts and develop recommendations on the correct application of legal norms during preventive smart control. We will not consider the general requirements for state information systems and procedures for collecting and processing information established by financial legislation, legislation of the Russian Federation on information, information technology and information protection, legislation on security, legislation of the Russian Federation on state and other legally protected secrets. The study will focus on aspects of regulating the procedures for collecting and processing information used directly during the preventive SMART control. The subject of the study is both the current legal norms and legislative initiatives on amendments to the Budget Code of the Russian Federation, as well as the information procedures themselves that exist during SMART monitoring. To conduct the research, a methodology was used, including an analytical review of the regulatory legal framework, draft regulatory legal acts and scientific literature on the subject of research, generalization and systematization of data, and the formation of proposals to resolve the identified problems. The main conclusions of the conducted research are: basic information relations within the framework of the implementation of preventive SMART control procedures in the financial and budgetary sphere are currently regulated by legislation and do not need further improvement; legislative work is required to improve the legal mechanism governing information processes using artificial intelligence, big data processing, and the introduction of intelligent agents; all innovations are proposed to be implemented only after a comprehensive assessment of their regulatory impact; additional regulatory consolidation is required by the mechanism of openness of all elements and procedures related to preventive SMART monitoring.

Construction Waste Management from Environmental Law Perspective in Indonesia

Several prior studies have linked the relationship between construction activities and environmental degradation. This research focuses on one of the major issues confronting the Indonesian construction industry, namely construction waste management. In practice, construction waste cannot be avoided and thus must be managed properly. Using a descriptive normative legal study approach and a case approach, this research seeks to investigate the practices and conditions of construction waste management as well as the regulatory legal framework related to construction waste management in Indonesia. This study found that the practice of implementing construction waste management varies greatly depending on the understanding and skills of construction business actors, especially contractors and subcontractors. In addition, normative studies show that there is no regulation that specifically regulates the management of construction waste in Indonesia. Therefore, this research contributes by: (1) encouraging the government to make policies that specifically regulate construction waste management, (2) encouraging periodic monitoring and supervision efforts on the implementation of construction waste management, and (3) encouraging the active participation of the community to participate in supervising the execution of construction projects, especially regarding the management of construction waste. Therefore, this study emphasizes the importance of a legal framework for construction waste management in order to realize sustainable construction.