General Legislation Research Articles

Bodies of the National Police of Ukraine as participants in contractual relations

The article examines the issues of participation of the National Police of Ukraine in contractual relations. It is noted that the bodies of the National Police of Ukraine, being participants in contractual relations, take part in such relations not as state authorities endowed with certain powers, but as subjects of public law – legal entities. It is emphasized that based on the legal status of the National Police of Ukraine, contracts with their participation must be separated from the system of similar economic obligations. It is emphasized that such contractual relations have certain features, starting from the grounds of origin, content, procedure of conclusion, design to the specifics of responsibility for non-fulfillment or improper fulfillment of a contractual obligation. It is substantiated that the competence of the National Police of Ukraine is determined not by general legislation, but by special ones. Therefore, it is important to clearly establish such powers in the relevant regulatory acts. The granting of economic competence to the bodies of the National Police of Ukraine provides for the realization of those rights and obligations aimed at the implementation and fulfillment of the tasks before them. As legal entities, they can participate in such contractual relations, which are aimed at achieving the tasks set before them. Granting the bodies of the National Police of Ukraine the rights and obligations of a legal entity under public law ensures their normal functioning as participants in contractual relations. It was determined that the bodies of the National Police of Ukraine carry out contractual activities on the basis of a set of general normative acts devoted to contractual legal relations, by-laws adopted by state bodies with special competence and departmental acts regulating the organization and powers of the bodies of the National Police of Ukraine.

Approaches to understanding and ways of administrative and legal regulation of discretionary powers of local self-government bodies in the field of land relations

The article is dedicated to a detailed study of the discretionary powers of local self-government bodies in the field of land relations, taking into account the new approaches enshrined in the Law of Ukraine “On Administrative Procedure. The study examines the theoretical aspects of discretionary powers in both narrow and broad senses. Analyzing the definitions established in the Law of Ukraine «On Administrative Procedure», the author provides their understanding of discretionary powers “in the narrow sense” as the ability of an administrative body to choose one of several options for decisions that are lawful and meet the purpose for which such powers are granted. This creates space for making individual administrative acts within the framework of administrative procedures. Such powers are limited to the adoption of individual acts aimed at resolving specific land issues. Discretionary powers in the broad sense, on the other hand, should be understood as the authority granted to local self-government bodies based on a law or other regulatory legal act, allowing these bodies to independently regulate legal relations in the field of land relations. These powers include the ability to make decisions at their own discretion, particularly through the issuance of normative acts. This regulation must comply not only with the requirements of general legislation but also be aimed at achieving the goals set out in special legal acts, as well as in local regulatory legal acts adopted by the local self-government bodies themselves. The author also emphasizes the need for further development of doctrinal approaches to discretionary powers, which should contribute not only to improving the efficiency of law enforcement but also to creating legal mechanisms that ensure an adequate level of control over their implementation. The article highlights the importance of developing legal guarantees for the protection of citizens’ interests in the context of the exercise of discretionary powers by local authorities in the field of land relations. The author believes that this will contribute to increasing the transparency and accountability of local self-government bodies, as well as ensuring fairness and legality in decision-making.

Experimental legal regimes in the field of medical activity and personalized medical information: a decrease in the level of protection or additional guarantees?

The article examines the problem of ensuring the protection of personalized medical information in the context of the introduction of experimental legal regimes in the field of digital innovation. The work presents the view of researchers and provides a detailed author’s analysis of the terms used in the designated area: «special legal regime», «legal experiment», «digital innovation». A statistical analysis of initiative proposals for introducing experimental legal regimes in the Russian Federation was carried out. The author examined the key provisions of the programs of experimental legal regimes in the field of medical activity and compared their content with the requirements of general regulation. As a result of the study, the author came to the conclusion that despite the fact that the protection of personalized medical information is not the main task of the introduced experimental legal regimes, in many ways, within the framework of their regulations, this task is solved more consistently than within the framework of general legislation. At the same time, a number of provisions of experimental legal regimes create risks of unauthorized access to protected information, which requires the development of additional guarantees of patients’ rights.

The Portuguese customary electoral constitution: the election of representatives to the ancient cortes

ABSTRACT The historic Portuguese Constitution guaranteed the electoral autonomy of the municipalities as part of the prerogatives and freedoms that the monarch swore to respect at the beginning of each reign. Thus, the election of representatives to the old cortes (parliament) was based on traditional, unwritten conventions and practices. The lack of general legislation gave rise to a customary or unwritten electoral constitution, in the true sense of the word. This article deals with the electoral basis that each municipality formed to elect its representatives each time the cortes were convened, based on the king’s letters of convocation and the municipal electoral minutes that have survived to the present day.

Before, after and beyond the Matzak case: Overview of the Belgian jurisprudence

The Matzak case, a landmark ruling by the Court of Justice of the European Union (CJEU), challenged traditional understandings of working time and rest periods, particularly for volunteer firefighters in Belgium. Despite earlier cases before Belgian courts, the Matzak decision brought significant shifts in jurisprudence, influencing how volunteers were categorised and how stand-by time was interpreted. This article examines the impact of the Matzak judgment on Belgian case law, tracing its evolution from pre- Matzak rulings to post-decision interpretations. Analysing decisions from the Court of Cassation and the Constitutional Court, the study explores the redefinition of volunteers as employees and the qualification of stand-by time as working time. The reluctance of Belgian courts to adapt their views on stand-by duty prior to Matzak is highlighted, with persistent adherence to principles established in the Simap case. However, the Matzak ruling prompted questions about the treatment of voluntary firefighters and the adequacy of legal distinctions. Despite initial resistance, subsequent cases challenged previous interpretations, leading to clarifications by the Court of Cassation. Ambiguities remain, as seen in the Simon case, raising concerns about consistent application of Matzak jurisprudence. The unique status of voluntary firefighters in Belgium presents challenges, as they operate in a legal grey area with regards to rights and working conditions. Municipalities are urged to regulate their working time in the absence of general legislation. Nonetheless, the recognition of firefighters as workers by the CJEU offers promise for their legal standing under EU law. Increasing recognition of comparability between volunteers and professionals suggests a move towards more equitable treatment. Looking beyond Matzak, the article explores implications for the evolving digital workplace, where boundaries between work and personal time blur. The Matzak principle, which introduces objective limitations on devotion to personal and social interests, offers a framework for addressing these challenges. By considering potential applications in the digital realm, the article emphasises the importance of protecting worker well-being and rest periods, consistent with the objectives of the Working Time Directive. In conclusion, the Matzak case has had a significant impact on Belgian jurisprudence regarding the working time of volunteer firefighters and the adjudication of stand-by periods. While challenges and ambiguities persist, the ruling has spurred a reassessment of legal frameworks and encouraged greater recognition of the rights of volunteer workers. As the digital landscape continues to evolve, the Matzak principle provides a valuable tool for navigating complex issues of work-life balance and ensuring the protection of workers’ rights.

Review of PEDELECS as an alternative to conventional means of urban transportation

Sustainable transportation solutions are more crucial than ever because of the pressing need to increase resource efficiency while lowering greenhouse gas emissions. The most recent advancements in the e-cycle sector have made a significant contribution to this goal and have attracted the interest of numerous businesses that offer mobility services. This paper discusses the main topics surrounding pedal electric cycles (PEDELECS) with an accent on a niche application, namely e-cargo cycles. The paper highlights not just the defining characteristics of these categories, but also other relevant aspects such as barriers to market penetration, general legislation, benefits for specific applications, as well as the significance of incentives, local infrastructure, and urban policies. Based on the available literature, it can be concluded that PEDELECS have a considerable potential to contribute to sustainability goals in urban areas due to their numerous benefits (functionality without emissions, less space occupied on roads, ability to access destinations with increased precision, ability to travel in car-restricted areas, lower costs compared to conventional vehicles, added health benefits to the users, versatility etc.). However, there are also significant challenges and barriers that must be overcome before they can see widespread adoption.

Paternalism at a Distance

I argue that the distance between state and citizen gives state paternalism a pro tanto advantage over paternalism between individuals. Pace Jonathan Quong, the state neither denies nor diminishes my moral status by acting on a justified negative judgment about my rational or volitional capacities. Nor does its failure to paternalize on the basis of detailed information about individuals constitute a source of disrespect. Rather, the less discriminating nature of general legislation both reduces the risk of social stigmatization and avoids a problematic dynamic with the paternalizee. But paternalistic policies may give us reason to be concerned about superiority or contempt in policy-makers towards the citizens at whom they are directed. Governments must remain ‘faceless’ enough for paternalism to operate at a distance, but they must reassure the governed that the judgment that they can do better for them does not conceal the attitude that they are better than them.

The concept and features of the jurisdictional form of protection of personal non-property rights of military personnel

Armed aggression on the part of the Russian Federation, during which disputes are resolved with the use of weapons, the commission of terrorist acts and other cruel actions that caused death, maiming, harm to the health of the civilian population and military personnel, as well as a constant threat to independence and state sovereignty, territorial integrity are modern realities of Ukraine. In connection with this situation, among the priorities of the Ukrainian policy, the National Security Strategy of Ukraine defines the protection of the independence and sovereignty of the state, the restoration of territorial integrity within the internationally recognized state borders of Ukraine, and the protection of the rights, freedom, and legitimate interests of the citizens of Ukraine. National interests and ensuring national security. The most important role in solving the tasks of defense and security of the country is played by military personnel who undergo military service - public service of a special nature. Protection of personal non-property rights in a certain form is an objective necessity. The norms of general legislation apply to military personnel, therefore they have general rights, freedoms and duties as natural persons, therefore their protection is carried out in a certain form.
 The protection of personal non-property rights of servicemen involves a certain form of protection defined in legislative acts (civil, administrative, criminal, disciplinary). Civil law protection of the civil rights of military personnel means the application of protection measures in a certain civil law form, defined only by acts of civil law or a civil law contract.
 Servicemen acquire the right to civil legal protection in case of violation, non-recognition or dispute of civil law, as well as in cases of abuse of law, danger or threat to their life and health.

Expert questionnaire on the issue of economical use of the railway traffic path capacity and buildings preparation on the railway

The railway traffic path capacity and the issue of railway buildings planning are topics that are widely discussed in professional groups. Experts often do not the same opinions on these topics. The issue of the allocation of railway traffic path capacity is given in general legislation and further by regulations or directives of a particular railway operator. Carriers are obliged to agree to these conditions. In the case of railway buildings planning, there are also comprehensive defined procedures and selected methods and models which are used to evaluate buildings planning (for example, a four-stage transport model or a logit model). However, it is appropriate to deal with the idea of whether all these procedures are correct and whether it is not appropriate to make changes, especially in the long-established procedures, that would better reflect the current and future reality and society needs.

Legal regulation of relations of protection of personal non-property rights of servicemen in various branches of law

Armed aggression by the russian federation, where disputesare resolved withthe help of weapons, committing terrorist acts and other violent actions that cause death, maiming, damage to the health of the civilian population and military personnel, as well as a constant threat to independence and state sovereignty, territorial integrity, is modern realities of Ukraine. In this situation, the National Security Strategy of Ukraine lists defense of independence and state sovereignty, restoration of territorial integrity within the internationally recognized state border of Ukraine, protection of the rights, freedoms, and legitimate interests of Ukrainian citizens as priorities of Ukraine's national interests and ensuring national security. The most important role in solving the tasks of defense and security of the state belongs to military personnel who carry out military service - state service of a special nature.
 The efficiency and quality of military personnel activities depend on state guarantees in accordance with their socio-economic, legal, political situation and modern realities. Military personnel are subject to the norms of general legislation, therefore they have general rights, freedoms and obligations as natural persons.
 The protection of the civil rights of military personnel involves the application of protective measures defined in legislative acts (civil, criminal, administrative, and disciplinary) or a contract (civil-legal, administrative, material). Civil legal protection of the civil rights of military personnel means the application of protective measures, including measures of civil legal liability, defined only by acts of civil legislation or a civil law contract.
 Military personnel acquire the right to civil legal protection in case of violation, non-recognition or dispute of civil law, as well as in cases of abuse of law, danger or threat to their life and health.

Market Formation in Turkish Solar Electricity Generation: Technology Innovation System Approach

The Technological Innovation System (TIS) is a theoretical approach to the analysis of a new technology's diffusion dynamics. The development and establishment of market-related structures are essential for maturing a TIS and its long-term success, especially at the beginning of sectoral development. In this paper, we focus on market formation in the Turkish solar electricity generation TIS to understand how the market forms. We made an empirical study and benefitted from structural analysis, functional analysis, and process analysis to point out how green transition efforts have started with the market formation process in the Turkish solar energy sector during the first phase of sectoral development. We conducted fifty-seven interviews with key experts in the energy sector in the 2013-2015 period when the sector just started to develop. The structural analysis showed that the most active actors are companies, consultancy organizations, public organizations, and real persons; networks are associations and cooperative organizations, and institutions are general legislation and political developments. The process analysis showed that the constitutive processes are institutionalizing and associating for the formation of market segments, and competing and communicating for the formation of market transactions. The functional analysis pointed out that at the beginning of the TIS development, the market formation was in the nursing phase, but developing very fast.

Certain aspects of defamation in sports

Introduction. The paper highlights and analyzes the concept of defamation under general legislation and sports law, features of interpretation, consideration of disputes and bringing to sports disciplinary responsibility by sports justice bodies. The purpose of the paper is to determine the specifics of defamation disputes in sports and the consideration of these cases in the bodies of sports justice. Results. It has been established that sports regulations regulate the institution of defamation by directly or indirectly prohibiting it. Sports regulation can manifest itself both through the prohibition of defamation and through obligations to show respect to colleagues, to protect the dignity of people and not to participate in any form of harassment or persecution. In most cases, actual defamation in sports leads to prosecution for harming the reputation of the sport or sports organization. Consideration of this category of disputes is carried out by quasi-arbitration bodies, which are formed by sports federations. During the consideration of disputes by the bodies of sports justice, the question arises whether defamatory judgments are evaluative and whether it is possible to bring disciplinary responsibility for such statements. As a result of the study, it was established that the right to freely express one's views and beliefs does not allow defamatory statements. Also, free expression of one's thoughts can simultaneously be a violation of sports regulations. Conclusion. Defamation in sports is the dissemination of information that does not correspond to reality and degrades the honor, dignity, business reputation of a natural person, business reputation of a legal entity or sports in general. A person may be subject to sports disciplinary responsibility even in the absence of a statement from the injured person, in particular, if such behavior is qualified as behavior that harms the reputation of the sport or the federation.

Symbols of National Minorities in the Czech Republic, Their Use, and Legal Protection

The article focuses on the issue of symbols of national minorities in the Czech Republic. The issue of symbols of national minorities, their use and legal protection is not given an attention in the Czech Republic—neither in literature nor incaselaw. Czech legislation is also silent in relation to this issue. Even so, we cannot give up on solving that issue. Therefore the article tries to include the right to use the symbols of national minorities under some of the explicitly enshrined rights of members of national minorities and subsequently derive from the general legislation the basic principles and rules for the use of these symbols by members of minorities in practice. In the next part of the article, the author tries to point out the means of protecting the symbols of national minorities and their use—both from the point of view of constitutional, administrative and criminal law. However, even here, the legal regulation is very unsystematic and very fragmented. Based on the above analysis, problematic aspects of the current legislation and practice are pointed out in the conclusion, and proposals and recommendations de lege ferenda are formulated.

Responsibility of the carrier for breach of contract of cargo transport by road transport according to the legislation of Ukraine and the EU

The article examines the specifics of the carrier’s responsibility for breaching the terms of the contract of carriage of goods by road under the legislation of Ukraine and the EU, in particular, the regulatory legal acts establishing liability are analyzed, and certain problems of legal regulation are pointed out. It was determined that the legislation regulating the issue of liability for the violation of the terms of the contract of carriage of goods by road is based on international legal acts, general legislation and special legislation. Liability for late delivery of goods under the contract of carriage of goods by road is characterized in the legislation of Poland and Germany. The positions of scientists regarding the principle of limited liability in transport legal relations are presented.Analyzing the legislation on the transportation of goods by road transport, the following characteristics of responsibility under the contract of carriage are highlighted: 1) in the legislation of Ukraine, the responsibility of the parties for non-fulfillment or improper fulfillment of the terms of the contract for the carriage of goods by road transport is regulated by the general legislation that regulates the issue of responsibility for the carriage of goods for all types of transport , as well as a special one, which directly regulates the issue of liability for violation of the contract for the carriage of goods by road transport; 2) the basis for compensation is not just a breach of obligations, but a culpable breach; 3) liability under the contract of carriage is limited to the value of the cargo; 4) comparing the legislation of foreign countries (Poland and Germany), it is worth noting that the amount of compensation for the delay in the delivery of the cargo is limited to double and triple the fee for transportation, which is a larger amount compared to the national legislation.It is emphasized that the responsibility of the carrier for non-compliance with the conditions of cargo storage must be changed to full responsibility in the norms of the Central Committee of Ukraine and the norms of transport legislation, which will allow to fully protect the rights and legitimate interests of the injured party of the obligation

Examples of Applications of the Purposes of Islamic Law According to Dr. Wahba Al-Zuhaili


 
 
 
 The research is based on devising models of the legal purposes of Dr. Wahba Al-Zuhaili through his books on the principles of jurisprudence and interpretation. Due to the many types of purposes, their divisions, and their ranks, the researcher has limited the discussion in this research to the five necessary purposes, which are religion, soul, mind, offspring, and money. The research presents examples of the purposes of general legislation, such as the purpose of justice, moderation, moderation, non-arbitrariness, inclination, and injustice, to make it easier for the Muslim to know what God Almighty wants, whether by His commands and prohibitions, or by what is permissible or forbidden. Accordingly, the research introduces a contemporary scientist, and shedding light on his biography and scientific efforts. The research is divided into two sections:
 - section one deals with the meaning and types of purposes, and the definition of Dr. Al-Zuhaili
 
 
 
 
 - section two includes two requirements, the first contains examples of necessary objectives, and the second includes examples of general legislative objectives.

GLOBALIZATION OF CRIMINAL LEGISLATION AND THE REQUIREMENTS TO ACHIEVE IT

The phenomenon of globalization extended to many sectors worldwide, most notably trade and technology, and the matter apparently reached legislation through the conclusion of a large number of international agreements related to the regulation of legal issues related to criminalization and the protection of human rights. It contributed to achieving a strong convergence between the criminal legislation of the countries of the world with the aim of achieving its complete unification in the future. Criminal legislation is to be based on sources that contribute to the preparation for its realization, and it shows us that its sources are embodied in legislative theories such as comparative studies and legislative conferences through which calls are made for the unification of criminal legislation, and governmental organizations and non-governmental organizations are also considered as sources. We have concluded that it is embodied in joining conventions on criminalization, protection of human rights, and legislative alignment. One of the most important results we have reached is that the legislation of the countries of the world has begun to respond to the phenomenon of globalization of criminal legislation in line with the international obligations that are regulated by general international conventions by reviewing many of their criminal legislation. The recommendations that we called for the need to harmonize national legislation with international conventions in the manner of special legislation or inclusion in general legislation, especially in criminalizing the actions of organized criminal groups.

The influence of public sector audit digitalisation on local government budget planning: evidence from Brazil

PurposeThis article analysed how data collection systems (DCS) developed by governmental audit organizations (Court of Accounts) affect budgetary planning within local governments.Design/methodology/approachEighteen semi-structured interviews complemented by six time-lagged interviews via WhatsApp were carried out with the actors involved in the preparation and auditing of the Medium-Term Expenditure Framework (MTEF) in Brazilian local governments. Documents such as the structured layouts of Courts' DCS and the publicised MTEF prepared by local governments were also analysed.FindingsThe findings indicate that Courts' DCS structured layouts reduce local governments' budgetary planning autonomy in elaborating their MTEF. It happens as the Courts' main driver is to make MTEF information auditable and not to improve the usefulness of information by governments. As a result, the planning choices of the local governments end up limited, not by the general legislation but by the rules established by the computerized systems of the Courts.Originality/valueThe paper's originality relies on demonstrating that the digitalisation of audit processes ultimately affects local governments' practices through structured layouts for the data collection on MTEF information - that impose rigidity on the budget planning process of local governments. The authors highlight the role of public sector auditing organisations as potential catalysts of reforms; however, this should be considered cautiously since the drivers and motivations of the organisation that sponsors public financial management reforms matter for overall reform effectiveness.

Legal Regulation of Food Waste Handling in Russia

Problems dealing with legal regulations of food waste handling are an acute sphere for the Russian Federation. Foods with expiring period and food losses can contaminate the environment and harmful and dangerous substances, which they exude, can get into near-by springs, rivers and arable fields. Water from contaminated rivers and springs, as well as bread cultivated on such fields can be consumed by peoples living in surrounding villages and towns, which can ruin their health. Today the effective system of food waste regulation includes numerous legislative and normative acts inscribed in different legislative blocks: general legislation, legislation on wastes, veterinary legislation and legislation on technical regulation, sanitary and epidemiologic legislation. However, there are a lot of problems dealing with food waste handling that have not been exposed in a proper way. The Federal Law dated June 24, 1998 N 89-FZ ‘Concerning Wastes of Production and Consumption’ does not provide the definition of ‘food waste’. The requirements for obligatory separate stocking of foods are stipulated only by legislation on technical regulation and sanitary and epidemiologic legislation. The requirements for utilization of foods are envisaged by veterinary legislation, legislation on technical regulation and sanitary and epidemiologic legislation. The owner of food waste can chose ways and conditions of utilization and possible methods of food waste destruction. After analyzing the effective normative acts covering requirements for food waste handling the authors came to the conclusion that the major part of these legislative blocks does not provide conditions of priority utilization of food waste.

Integral protection of children against the use of information and communication technologies in Mexico

Currently, the use of information and communication technologies and, especially, the Internet, favor a greater exercise of the rights of children and adolescents, such as freedom of expression and information; however, given this present panorama, it is imperative that not only the benefits that the use of information technologies brings us be observed, but also the dangers that are implicit in the use of these must be considered. For this reason, the present article has the general objective of analyzing the best interests of the child, as a procedural standard in the protection of infants and adolescents against the use of information technologies to identify some of their main risks, and the measures of protection in the Mexican legal system. The main conclusion of this study emphasizes the inclusion of general legislative, administrative, social and educational measures, translated into technological solutions for prevention and protection, where the assistance and support of those who exercise parental authority, guardianship and custody is essential in the use that children and adolescents make of said information technologies.

Examining the Powers of the NITDA to Enforce Data Protection Laws in Nigeria

In Nigeria, the right to privacy is protected under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria by providing that: ‘[t]he privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected. A host of other general and sector-specific legislation serves to safeguard (informational) privacy. A number of these legislations, including especially the 2019 Nigeria Data Protection Regulation (NDPR)—currently the most comprehensive of all existing informational privacy/data protection laws – is made and enforced by the country’s foremost information technology agency, i.e., the National Information Technology Development Agency (NITDA). However, there have arisen controversies regarding the powers of the NITDA to make or enforce data protection laws in Nigeria. To frame the question more clearly, it has been asked whether the NITDA has the power to enforce data protection requirements and penalties stipulated in the 2007 NITDA Act and the NDPR. This article (1) examines the role of the NITDA in data protection; (2) considers the validity of the NITDA Act, the NDPR (and other subsidiary legislation); and (3) contemplates the power of the NITDA to issue sanctions in case of non-compliance by affected entities. This article questions certain fundamental assumptions around the formulation, interpretation, and application of Nigeria’s data protection laws. Our contribution effectively lays to rest controversies surrounding NITDA’s powers of enforcement – a conclusion, which, in our opinion, remains valid until a contradictory legal judicial position, is declared. Nigeria, Nigeria Data Protection Regulation, NDPR, National Information Technology Development Agency, NITDA, Data Protection, Privacy