Implementation Of Legislation Research Articles

MP21-07 TEMPORAL RELATIONSHIP BETWEEN INSURANCE CLAIMS FOR GENDER DIVERSE IDENTITY AND ANTI-DISCRIMINATION LEGISLATION

You have accessJournal of UrologyCME1 Apr 2023MP21-07 TEMPORAL RELATIONSHIP BETWEEN INSURANCE CLAIMS FOR GENDER DIVERSE IDENTITY AND ANTI-DISCRIMINATION LEGISLATION Eric Walton, Pranay Manda, Dattatraya Patil, and Akanksha Mehta Eric WaltonEric Walton More articles by this author , Pranay MandaPranay Manda More articles by this author , Dattatraya PatilDattatraya Patil More articles by this author , and Akanksha MehtaAkanksha Mehta More articles by this author View All Author Informationhttps://doi.org/10.1097/JU.0000000000003246.07AboutPDF ToolsAdd to favoritesDownload CitationsTrack CitationsPermissionsReprints ShareFacebookLinked InTwitterEmail Abstract INTRODUCTION AND OBJECTIVE: Anti-discrimination legislation has been implemented over the past decade to improve access to gender affirming care. We aimed to examine the temporal relationship between the implementation of such legislation and utilization of gender affirming care using a commercial claims database. METHODS: We used a previously described, tiered algorithm built around insurance claims including ICD codes, CPT codes, and pharmacy data to identify the annual incidence of new gender diverse persons in the 2009-2020 MarketScan database, and to examine the distribution of medical and surgical insurance claims for these individuals. Incidence was calculated using the first occurrence of a gender diverse identity claim (ICD code, pharmacy claim, or CPT code) per individual in the database. Medical claims included pharmacy claims for gender affirming hormones and surgical claims included CPT codes for gender affirming procedures. The claims distributions before and after 2014 were analyzed with Chi-square tests. RESULTS: We identified 52,646 gender diverse persons in the database (2009-2020). Of these, 17,250 (32.8%) filed claims for gender affirming care (Table 1). Median age at first gender diverse identity-related claim was 27 years (range 18-65). The number of new individuals with a gender diverse identity-related claim increased annually between 2009 (1, 783) and 2020 (7,919) (Figure 1). Notably, among individuals with available pharmacy claims only 25% had claims for gender affirming hormones. CONCLUSIONS: Implementation of anti-discrimination legislation coincides with increased incidence of gender diverse identity-related claims in a commercial database. However, given the relatively lower incidence of medical and surgical claims for gender affirming care it is possible that many gender diverse persons continue to pay out-of-pocket for their expenses. Source of Funding: None © 2023 by American Urological Association Education and Research, Inc.FiguresReferencesRelatedDetails Volume 209Issue Supplement 4April 2023Page: e287 Advertisement Copyright & Permissions© 2023 by American Urological Association Education and Research, Inc.MetricsAuthor Information Eric Walton More articles by this author Pranay Manda More articles by this author Dattatraya Patil More articles by this author Akanksha Mehta More articles by this author Expand All Advertisement PDF downloadLoading ...

Approaching the implementation of international criminal law legislation in cases involving minors in conflict with the law

This scientific work presents a concise analysis on the criminal liability of minors in conflict with the law from the perspective of international criminal legislation. Likewise, within the scope of this study, we have outlined a clear picture of a delinquent minor's journey through the criminal justice system in various states of the European Union. In the last part of the study, a series of issues faced by the minor in various societies have been analyzed.

Психическое здоровье населения, детей и подростков: рекомендации ВОЗ, правовая и нормативно-организационная их реализация в России

Around the world, about 1 billion people suff er from mental disorders, including about 14 % of adolescents. Deaths of people with severe mental illness occur on average 10-20 years earlier than in the general population, mainly due to the development of preventable somatic diseases. Global systemic threats to mental health include socioeconomic inequalities, health emergencies, wars, etc. Leading causes of depression are childhood sexual abuse and child bullying. These data from the World Health Organization, other bodies are regarded as one of the most signifi cant public health problems. Based on the results of the monitoring, analytical materials on the main recommendations of international bodies in the fi eld of problems of mental disorders and disorders of public behavior, including children and adolescents, as well as information on the legislative and regulatory implementation of them in Russia, are presented in a systematic form.

Some Issues of Prosecutorial Supervision in the Field of Forest Legislation Enforcement

Crimes in the field of forest legislation can be multidimensional in nature, including not only the fact of a criminal act (for example, illegal logging), but also the involvement of foreigners who have no right to be on the territory of the Russian Federation and carry out work here as low-paid laborer. In addition, the scale of criminal actions in the field of forest legislation, as a rule, is directly intertwined with the corruption component, when forestry workers contribute to the commission of a crime for paying for their services or non-interference in illegal activities. Since the aggrieved of this crime are usually not individuals, but the interests of society and state, the participation of the prosecutor in overseeing the implementation of forest legislation is of particular importance and is subject to comprehensive analysis and reflection. The normative basis of the study is the Constitution of the Russian Federation, the Criminal Procedure Code of the Russian Federation, the Forest Code of the Russian Federation and the Federal Law “On the Prosecutor’s Office of the Russian Federation”, as well as various by-laws adopted on the basis of this Federal Law. The integrity and completeness of the work is ensured by the use of the dialectical method, system-structural analysis and methods of analysis and synthesis of information from various legal and information sources. The results of the study allow us to determine the role of prosecutorial supervision in the field of forest legislation enforcement.

Ways of implementation of international electoral standards in the national legislation of Ukraine

The article is devoted to the study of the problems of implementation and ways of implementation of international electoral standards in the national electoral legislation of Ukraine. The work provides a critical review of scientific approaches of domestic and foreign scholars to understanding the legal nature of the implementation of international acts. The author concludes that the implementation of international acts is a state-building/law-making process of individual countries, which includes the recognition by the state of international legal norms and their implementation in national legislation and in practice with a view to comprehensive, timely and full implementation of the obligations assumed by the state under international law.
 The article analyzes the existing positions of legal scholars on the ways of implementing international legal standards in legal science and, on this basis, identifies and characterizes the ways of implementing international electoral standards in the national legislation of Ukraine. The main such ways are, firstly, reception, when there is a textual repetition of the content of the act/norm adopted by the international community in the national legislation of the respective state without their changes. That is, it is the actual repetition of the content of international law by the relevant acts of national law. Secondly, transformation, which is a method of implementation associated with the revision of the text of an international legal act in accordance with the principles of the national legal system and the adoption of domestic law on this basis. This makes it possible to implement the norms of international law with their maximum compliance with the domestic principles of rule-making technique. Its separate form is a reference, when a norm is created that refers to international acts, traditions of international law. Thanks to this form, the State authorizes the direct application of international law in domestic legal relations. It is determined that these ways of implementing international electoral standards in the national electoral legislation were especially evident in the adoption of the Electoral Code of Ukraine.

Up in Smoke: Public Attitudes Toward the Implementation of Recreational Marijuana Legislation (RML)

Several states have adopted recreational marijuana legislation (RML). While the public favors RML, open questions remain concerning the specific implementation of legalization. Specifically, how do Americans feel the revenue from such sales should be spent? Relatedly, what justice reforms should be considered? Not least, what proportion of the public remains uncertain about these facets of regulation and how does this uncertainty impact policy preferences for investment and reform? These are important questions to examine given the public’s influence in the emergence of RML. Drawing on a 2022 national poll ( N = 1,003), this study examines public attitudes toward investment strategies (e.g., public schools) and justice system responses due to legalization (e.g., expungement). Results suggest that most of the public approves of these measures. However, divides in favoring specific initiatives are evident. Implications are discussed.

Evaluating the impact of alcohol minimum unit pricing on deaths and hospitalisations in Scotland: a controlled interrupted time series study

Since May 1, 2018, every alcoholic drink sold in Scotland has had minimum unit pricing (MUP) of £0·50 per unit. Previous studies have indicated that the introduction of this policy reduced alcohol sales by 3%. We aimed to assess whether this has led to reductions in alcohol-attributable deaths and hospitalisations. Study outcomes, wholly attributable to alcohol consumption, were defined using routinely collected data on deaths and hospitalisations. Controlled interrupted time series regression was used to assess the legislation's impact in Scotland, and any effect modification across demographic and socioeconomic deprivation groups. The pre-intervention time series ran from Jan 1, 2012, to April 30, 2018, and for 32 months after the policy was implemented (until Dec 31, 2020). Data from England, a part of the UK where the intervention was not implemented, were used to form a control group. MUP in Scotland was associated with a significant 13·4% reduction (95% CI -18·4 to -8·3; p=0·0004) in deaths wholly attributable to alcohol consumption. Hospitalisations wholly attributable to alcohol consumption decreased by 4·1% (-8·3 to 0·3; p=0·064). Effects were driven by significant improvements in chronic outcomes, particularly alcoholic liver disease. Furthermore, MUP legislation was associated with a reduction in deaths and hospitalisations wholly attributable to alcohol consumption in the four most socioeconomically deprived deciles in Scotland. The implementation of MUP legislation was associated with significant reductions in deaths, and reductions in hospitalisations, wholly attributable to alcohol consumption. The greatest improvements were in the four most socioeconomically deprived deciles, indicating that the policy is positively tackling deprivation-based inequalities in alcohol-attributable health harm. Scottish Government.

Justice as the determining principle of criminal law

Purpose. The purpose of the article is to determine the essence and features of the concept of justice as a defining principle of criminal law. The relationship between form and matter (compliance of law with such categories as justice, equality, freedom, humanism) is the component that characterizes the essential basis of criminal law in relation to the regulation of social relations. Methodology. In order to achieve the set goal, a comprehensive analysis of the available information regarding the analyzed problem was carried out and conclusions and proposals were formed on their basis. The following methods of scientific knowledge were used during the research: dialectical, systemic-structural, terminological, systemic-functional, historical, normative-dogmatic, generalization method. Originality. As a result of the conducted research, it was established that the term «justice as a defining principle of criminal law» expresses the essential basis of criminal jurisprudence and is its main theoretical component. Scientific novelty. Systematization and generalization of the levels of theoretical and legal understanding of the concept of «justice as a defining principle of criminal law» was carried out for the first time. Practical significance. The understanding of the concept of justice as a principle of criminal law is not something rigid, defined. What is considered fair today, that is, determined by this principle, may be rejected tomorrow. In the norms of criminal legislation, the implementation of this principle must «keep up with the times» and correspond to the realities of life. Of course, a big step forward has been made in resolving the contradictions that have arisen. In addition, research results can be used in law-making and human rights protection activities regarding the implementation of current criminal legislation during wartime. Research results can be used in law-making and human rights protection activities regarding the implementation of current criminal legislation during wartime.

Prohibition of mobing in the context of effective implementation of the labor legislation of Ukraine

Purpose. Formulate copyright approaches to understanding the legal basis of the mechanism of mobing prohibition through the prism of implementation of policy in the field of labor relations and effective guaranteeing the right to work. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, logical-semantic, functional, systemic-structural, logical-normative. Results. It was determined, that there is a diversity in the approach to interpret the legal basis for the mechanism of mobing prohibition through the prism of implementation of policy in the field of labor relations and the effective guarantee of the right to work. However, to some extent, this is justified by the presence of different concepts and effective international and European experience in comprehending and counteracting the phenomenon of mobing in the current conditions of state formation. Originality. In the course of the study, it is established that the effective implementation of a policy in the field of counteraction and prevention of mobing can, on the one hand, become properly an element of effective protection of the constitutional rights of workers and the way of creating a normal atmosphere in the workplace, in particular in the labor collective, and on the other, there is There is a high probability of unscrupulous behavior from both the employer and the employee. Practical significance. The results of the research can be used during the development of provisions, conclusions and recommendations on state social policy in the field of employment of Ukraine, to increase the level of adoption of relevant state decisions in this field, as well as to further improve the labor legislation of Ukraine.

State of Implementation of European Legislation Regarding Water Resources Management, Industrial Pollution and Man-Made Hazards in Ukraine

The Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, requires Ukraine to bring its national legislation closer to EU law and policy. Environmental protection can be singled out as a separate direction. The article analyzes Ukraine's progress in fulfilling its obligations under the Association Agreement with the EU in the field of industrial pollution and technogenic threats and water resources management. The process of harmonization of the Ukraine legislation and the EU in the field of emissions control from large combustion plants is described. The specifics of the implementation of the Concept of state policy implementation in the field of industrial pollution provisions have been established. The analysis of the legislative acts of Ukraine regarding the reduction and control of industrial pollution was carried out. The problems of implementing the provisions of directives 2001/80/EU and 2010/75/EU into the Ukraine legislation are described. Significant disputes between the Verkhovna Rada of Ukraine and business representatives in the field of industrial pollution control and prevention are indicated. The article provides information on the environmental policy of Ukraine in the field of water resources use and protection. Cooperation between Ukraine and the EU in this direction is carried out in accordance with Section V of Chapter 6 of the Association Agreement with the European Union. It is noted that the system of water resources integrated management based on the basin principle is being implemented in the country. The process of implementing the provisions of the Water Framework Directive 2000/60/EU into the legislation of Ukraine is described. The article presents the principles of developing river basin management plans, activities of Basin Councils, and procedures for state monitoring.

Descriptive Epidemiology of Occupational Injuries among urban construction workers – an observation from Eastern India

Introduction Bhubaneswar, Odisha, is seeing a boom in construction activities, with workers from remote areas coming for work. Poverty, and illiteracy, coupled with employment and regular payments make them oblivious to unsafe working conditions. Long hours of heavy work in bad postures affect their musculoskeletal system leading to work-related musculoskeletal injuries. This study aimed to understand the epidemiology of the above injuries among the construction workers in Bhubaneswar Methods It was a work-site-based multistage cross-sectional study, where the sites engaging >=15 workers were selected randomly. A total of 520 workers (consented, >=21 years of age, and in this profession for at least 3 years) were recruited randomly. Data was collected by interviewing the study participants with the help of a pre-tested questionnaire focusing on sociodemographic profiles and relevant epidemiological variables related to occupational injury of urban construction workers. Data entry and analysis were done using SPSS version 20. Results Over 95% of the participants were heavy workers, 23.1% were laborers, 28.1% had < 10 years of experience, and 72.3% were satisfied with their job. A little more than 19% had work-related injuries in the last 3 months. Age, gender, alcohol abuse, better education, lesser work experience, skilled work and job dissatisfaction were found to be statistically significant when associated with workplace injuries. Multivariate analysis revealed only age and lesser duration of working experience in the construction industry were associated with an increase in occupational injuries. Conclusion This study found that younger age, less work experience, male gender, use of alcohol, nature of work and lack of job satisfaction, and a few other factors were associated with work-related injuries. Often their occupational health and injuries get overlooked. Employers should be primarily responsible for their health, safety, and well-being. Suitable legislation and proper implementation would probably facilitate this.

Implementation of legislative framework governing records management throughout the life cycle in the Limpopo provincial government of South Africa

Purpose This study aims to investigate a framework for implementation of legislative framework governing records management throughout the life cycle in the Limpopo provincial government of South Africa. Design/methodology/approach This quantitative multi-method study used a semi-structured questionnaire, document analysis and interviews to collect data. The dominant approach was quantitative, with some support from limited qualitative data, which served to clarify the statistical data. No sampling method was applied, as the study targeted the entire population of 135 records management participants from the provincial departments with the questionnaire, while nine participants from provincial archives participated in interviews. Findings The study revealed that the role of the provincial archives in enforcing compliance with legislative frameworks for the proper management of records was always disrupted by a lack of key resources such as staffing, for inspecting and training records-creating departments and working resources at the departmental levels. Research limitations/implications The findings will contribute to the field in respect of future studies into compliance with records management legislation, and the proposed framework may be applied as a theoretical basis for, or part of, a conceptual framework. Practical implications The study will serve as a resource or benchmark for archivists and records management professionals in the industry, as they count amongst the policymakers who find ways of monitoring, evaluating and enforcing compliance with the legislation governing proper records management. Social implications The proper implementation of recommendations from this study will lead to significant improvements in the management of records with enduring value, allowing them to finally be transferred to an archival repository to serve the public interest as heritage, national memory, or resources for researchers and authors, amongst others. Originality/value The study proposes a framework for implementation of legislation governing records management with greater ease in the Limpopo provincial government of South Africa.

International standards of audit: update of implementation practice in Ukraine

Methods. The methodological basis of the study was the work of domestic and foreign scientists and international audit standards. The results were obtained through the application of methods of analysis and synthesis to generalize the directions of development and existing shortcomings in the activities of audit subjects, to develop the forms of the auditor's working documents; historical and logical when establishing audit quality as a strategic direction of its development; general and special when determining specific steps in response to overcoming current shortcomings and future challenges; system approach for summarizing statements considered by the auditor when identifying risks of material misstatement. Results. The article summarizes the scientific and methodological approaches to determining the quality of audit services as a strategic direction of audit development in Ukraine and the world. Current vectors of audit development and its weaknesses at the organizational and practical levels, in particular, the shortcomings of auditors' activities in assessing the risks of material distortion, are analyzed. The specific steps that should be implemented by the subjects of audit activity within the framework of harmonization with the EU requirements have been determined. Examples of audit procedures (execution of actions in response to assessed risks) in the format of the auditor's working documents are offered. The categories of assertions considered by the auditor when identifying risks of material misstatement are systematized. Novelty. The strategic, scientific-methodical, and organizational-practical foundations of improving the quality of audit activity in the conditions of the European integration of the Ukrainian economy and the implementation of European legislation are summarized. Practical value. The results of the research are of an applied nature since they allow the implementation of relevant strategic directions and scientific and methodological developments, eliminate organizational shortcomings of auditing activities, and form a modern approach to improving the quality of auditing firms in Ukraine, which ensures the confidence of users of financial information.

Аграрное законодательство Российской империи во второй половине ХIХ – начале ХХ в.: практика переселенческой политики

Introduction. In the paper, the author analyzes the implementation of the agrarian legislation of the Russian Empire in the latter half of the 19th and early 20th centuries and examines the practice of resettlement policy. The author concludes that the agrarian and resettlement policies merged into a single whole: the sale of plots gave the peasants the initial material capital, and the expansion of the resettlement movement and the consistent regulation by the state provided an opportunity for former community members to move to the vacant lands on the outskirts of the Russian Empire. The purpose is to show that resettlement was a large-scale part of the general agrarian policy aimed at improving the welfare of the Russian peasant economy. The methods of scientific cognition, comparative analysis, statistical, historical, and systemic analyses are used. Results. In the context of modern global transformations, it is extremely important to study different models of the development of marginal and annexed territories and their inclusion in the common legal space and economic life. Conclusions. The centuries-old neighborhood with other ethnic groups has become for Russia a colossal experience in the formation of a tolerant society.

ПРАВОВЕ РЕГУЛЮВАННЯ СТАНОВИЩА ТВАРИН-КОМПАНЬЙОНІВ: МІЖНАРОДНИЙ ДОСВІД І УКРАЇНА

The scientific article is devoted to the problem of changing the legal status of domestic animals in connection with the transition of humanity from the worldview concept of anthropocentrism to the concept of biocentrism. The characterization of international and regional legal acts in the field of protection of domestic animals (companion animals) was carried out. The importance of the formulation and subsequent implementation of the "concept of the five freedoms of animals" in the international and domestic legislation of the countries of the world is emphasized. The positive and negative experience of legal regulation of the position of domestic animals and the responsibility of their owners in the countries of the East and West is presented. It is noted that the attitude of the state to domestic animals is determined mainly by religion and political regime. The legislation of European countries notes the strengthening of society's responsible attitude towards companion animals, which implies a comprehensive approach to the problem of keeping animals. The latter includes educational work with animal owners, a tax on keeping animals, a clear prescription in legislation of the rights and responsibilities of pet owners, and very high fines, and sometimes even imprisonment, for neglecting pets. The responsibility of the municipal authorities for the aggressive behavior of homeless animals is also established. It is emphasized that the Ukrainian regulatory and legal framework is still lagging behind in the researched field, although since 2013 the process of implementation of European legislation has been underway. In a separate special law, animals are recognized as biological objects, that is, living beings, and the basic rights and obligations of pet owners and humane treatment of animals are recorded. The need to make changes to the civil legislation regarding the status of animals is noted. It is emphasized that low fines as a form of administrative responsibility do not contribute to increasing the responsibility of animal owners and officials.

New legislation in New Jersey reduced opioid use among trauma patients.

In New Jersey, politicians have emphasized the need to attenuate the ongoing opioid epidemic as opioid use disorder can lead to addiction and, in many cases, mortality. New legislation (New Jersey Senate Bill 3) was enacted in 2017 to reduce opioid prescription from 30 days to 5 days for acute pain in both inpatient and outpatient healthcare settings. Therefore, we sought to evaluate if the enactment of the bill influenced the consumption of opioid pain medication at an American College of Surgeons-verified Level I Trauma Center. Patients from 2016 to 2018 were compared for differences in average daily inpatient morphine milligram equivalents (MMEs) consumption and injury severity score (ISS), among other parameters. To ensure that changes in pain medication did not affect the quality of pain management, we compared their average pain ratings. Although the average ISS in 2018 was higher than that in 2016 (10.6 ± 0.2 vs 9.1 ± 0.2, p < 0.001), opioid consumption decreased in 2018 without increasing the average pain rating for patients with an ISS of 9 and 10. More specifically, the average daily inpatient MMEs consumption dropped from 14.1 ± 0.5 in 2016 to 8.8 ± 0.3 in 2018 (p < 0.001). Even among patients with an average ISS >15, the total MMEs consumed per person decreased in 2018 (116.0 ± 14.0 vs 59.4 ± 7.6, p < 0.001). Overall, opioid consumption was lower in 2018 without negatively affecting the quality of pain management. This suggests that the implementation of the new legislation has successfully reduced inpatient opioid use.

Lawmaking in the Context of the Theory of Correlation between Subjects of Constitutional Law

The paper is devoted to issues related to the analysis of lawmaking and law enforcement activities in the context of the theory of correlation between subjects of constitutional law developed by the author of this study. Based on the standings of reputable researchers, the author systematically proves the thesis that the entire law-making process at any level must be based on the real needs of the society based on the relations between subjects that already exist. The author considers it impractical and ineffective to change established ties by creating new documents and applying organizational measures on the part of the public authorities. Working for the federal executive authority, the author faced with the fact that creating new rules of conduct is planned in advance, and after a certain period of time a relevant report is issued. A planned nature of rulemaking also seems to be a vicious practice, since it generates unnecessary requirements and norms for persons on a daily basis engaged in certain activities the stability of which only increases its effectiveness. In addition, a well-established strict positivist approach to the implementation of legislation has positive sides and allows ensuring legality and law and order, but citizens should have at their disposal tools to influence legal acts in the event that the current norms do not work or do not work as initially intended. The paper provides the reader with some suggestions with regard to the issues under consideration.

Proposed novations in global taxation

Subject. Tax competition between jurisdictions, contributing to profit removal of multinational enterprises (MNEs) from taxation is a serious problem in the global economy. To solve it, an international agreement was concluded in 2021 with a wide range of participating countries, which contains important novations for the entire system of global taxation. However, its implementation is an open question. Objectives. The aim is to provide a unique study of the content of the proposed novations in global taxation, and possibilities and prospects for their implementation in national legislation. Methods. The study employs general scientific methods, like abstraction, induction, deduction, synthesis, comparative analysis. Results. The paper describes the content of two components of the said agreement, gives a forecast of possible consequences of their application for MNEs’ profit taxation, substantiates the position that in the modern terms of world economy, the implementation of these novations will be postponed. Conclusions. The novations contained in the international agreement of 2021 specify the application of the territorial principle of taxation for MNEs’ income (pillar 1) and introduce the minimum allowable level of tax on their corporate profits (pillar 2). The implementation of the novations will influence the overall level of corporate taxation in separate countries, especially in low-tax jurisdictions, limit the possibilities of international corporate tax planning and removal of profits from taxation, and modify the practice of granting tax preferences to businesses. However, under current economic and political turbulence in the world economy, one should not expect imminent implementation of the novations into national legislation.

CONSTITUTIONAL AND LEGAL REGULATION OF THE FOUNDATIONS OF MODERN SECURITY THROUGH THE PRISM OF RESPECT FOR RIGHTS AND FREEDOMS

The study touches upon the aspect of assessment and legislative implementation of the issue of ensuring national security through the prism of constitutional and legal regulation of its foundations. The purpose of the study is to establish the relationship between the principles of constitutional regulation of mechanisms for ensuring rights and protecting rights and freedoms and the legislative structure reflecting the procedure for the operation (application) of means of ensuring national security. The objective of the study is to identify the balance and contradictions between these principles, as well as to assess the measures taken by the legislator when introducing new directions of constitutional and legal regulation into these institutions. The spectral analysis method was chosen as the main research method. Results: according to the results of the study, the author was able to establish that the forms of coexistence introduced by the legislator require more detailed consideration, both from the point of view of disclosing their legal essence and from the point of view of their evaluative purpose in ensuring the necessary security of society. Conclusions: the legislator initially does not give an unambiguous answer to the question-what exactly means and methods should be used so that the issue of moral development of society will allow raising the state of national security to a new level, while not violating the principles reflected in the Constitution of the Russian Federation.

국제원자력수출통제규범의 국내이행법제에 대한 비판적 고찰

Under domestic law, there is no accurate definition of the concept of nuclear export control. ‘The Nuclear Safety Act’ defines safety measures for the peaceful use of nuclear power and import and export control that blocks the illegal transfer of nuclear goods and technologies as nuclear power control, and ‘the Foreign Trade Act’ stipulates import and export control of especially designed or prepared nuclear items(Trigger List) and dual-use items as a type of strategic items export control. The Nuclear Safety and Security Commission implements import and export control based on the acts above, but the target items are different. Nevertheless, since there is no clear explanation of import and export control, nuclear power control, and the definition and scope of target items in laws and regulations, materials and references explaining Korea’s nuclear import and export control legislation contain contents unlike.&#x0D; With the critical mind, the paper identifies the structure and operating principle of the domestic implementation legislation, derives the problems of the current acts, and puts forwards a amendment proposal in three main aspects upon the Nuclear Safety Act; clarification of the content and scope of import and export control in the Nuclear Safety Act; introduction of the legal basis for nuclear import and export control work that was routinely carried out in the absence of alegal ground; and the enactment of a public notice on the nuclear import and export control. The first proposal made the import and export control legislation systematic by clearly defining similar concepts such as nuclear power control, import and export control, and nuclear power import and export control. The second proposal includes the amendment proposals of relevant acts and regulations on education for non-compliance with import and export control, operation and maintenance of the nuclear export control system, and the obligation of employees of the Korea Institute of Nuclear Control and Technology to prohibit leakage of secrets, which are all legally unfounded. The third proposal is the result of considering the specificity of nuclear import and export control and the convenience of interested persons of the acts and regulations, and increases efficiency by regulating goods and technologies under the jurisdiction of the Nuclear Safety and Security Commission through a separate public notice.