Implementation Of Legal Regulations Research Articles

Ethical Regulation – “Soft” Regulation, “Soft” Power

Introduction. The article examines the problem of the relationship between law and ethics in their normative manifestations. The position is substantiated that ethical regulation is much broader than legal regulation, but any legal regulation is based on an ethical principle. That is, law is the minimum of ethics. This is their similarity, as well as the fact that both ethical and legal regulation (and a number of others, for example, in the theological sphere) are social regulation. Methods. This research is based on the use of the general scientific dialectical method of cognition, which determined the use of general philosophical (analysis, synthesis, analogy) and formal logical methods. In turn, the specifics of the problem studied in the article determined the use of private scientific methods: historical-legal, comparative-legal, formal-legal, structural-functional, systemic analysis and interpretation of legal norms, etc. Results. The implementation of legal regulations, compliance with the rules of law is ensured by the force of coercion, behind which stands the state and its relevant institutions. Therefore, legal regulation is strict regulation, “brute force”. And ethical regulation, compliance with ethical standards is ensured by conviction, first of all, on the part of the individual himself, “included” in the corresponding society, where ethical obligations are formed, which over time acquire normative content. Therefore, ethical regulation is soft regulation, “soft power”. In developed social societies, naturally, and in Russian too, “soft” regulation, normatively enshrined, occupies a dominant position. The article notes that it is more reliable, long-lasting, more fundamentally determines the rules of behavior of the subjects of its influence and is much less subject to market fluctuations than the legal one. Therefore, it is developing rapidly: both at the international level, and abroad, and in Russia, where in recent years codified acts have been developed and adopted in the field of normative regulation of ethical rules of behavior: in the system of executive authorities (including law enforcement agencies), in the stratum of free people professions, in the business sector, etc. Particular attention in the article is given to ethical regulation in the sphere of professional, personal and other life activities of judges. Discussion and Сonclusion. The article substantiates that an indispensable attribute of “soft power”, as in the field of legal regulation, is responsibility for non-compliance with relevant regulatory requirements. But at the same time, mixing legal (disciplinary, first of all) and ethical responsibility is unacceptable. Using the example of such confusion regarding Russian judges, due to current legislation, the article shows the negative consequences of the corresponding law enforcement.

Cancer Incidence, Mortality and Survival in Türkiye as of 2020

Background: Cancer registration is better understood with the Globocan project. In our article, we compiled the cancer incidence, mortality, and survival data of Türkiye. We presented incidence and mortality-related data from the Global Cancer Observatory, and survival-related data from CONCORD-3. Non-melanoma skin cancers (NMSC) were excluded from interpretations for all indicators. The number of new cancer cases in Türkiye with a population of more than 80 million was estimated as 227,310 people in total, 128,802 in men and 98,508 in women. In the same year, 125,788 people were estimated that died due to cancer, of which 78,633 were men and 47,155 were women. The age-standardized incidence rate per 100,000 (ASIR, world standard population) of all cancers except for NMSC was estimated to be 225.6 (283.0 for men and 184.0 for women). The five most common cancers were breast cancer with an ASIR of 46.6, following prostate cancer (ASIR = 42.5), lung cancer (ASIR = 40.0), colorectal cancer (ASIR = 20.6), and thyroid cancer (ASIR = 14.3). The age-standardized mortality rate per 100,000 (ASMR, world standard population) of all cancers was estimated to be 119.9 (171.0 for men, 81.1 for women). The top 5 most common cancers for both sexes and all age groups were lung, breast, colorectal, prostate, and thyroid cancers, respectively. On the other hand, the top 5 most common cancer-caused deaths for both sexes and all age groups were lung, colorectal, stomach, pancreas, and breast cancers, respectively. The top 5 cancers with the worst 5-year age-standardized net survival rate for the sites of cancers in Türkiye between 2010 and 2014 were as follows: pancreas 10.4%, lung 14.9%, liver 15.9%, esophagus 19.0% and stomach 24.9%. Not only existing and increasing potential behavioral and possible environmental/occupational and metabolic risk factors over time are a public health threat for Türkiye, but also some unchangeable factors e.g. the aging population and the prolongation of life expectancy are contributing to increased cancer incidence. The prevalences of tobacco use and obesity are alarming. Policies to combat risk factors should be strengthened, especially the implementation of legal regulation regarding tobacco control in the field to achieve control of tobacco-related cancers. Incidence, mortality, and survival data are also considered, and preventive strategies with public health principles should be strengthened. In addition, population-based cancer registries and research on cancer epidemiology based on the data released from these registries should be supported.

THE IMPORTANCE OF HEALTH LEGAL REGULATIONS ON HOSPITAL B3 WASTE MANAGEMENT

The hospital as one of the health service facilities as stated in the Regulation of the Minister of Environment and Forestry of the Republic of Indonesia No. 56 of 2015, it is mandatory to carry out B3 waste management which includes reducing and segregating B3 waste, storing B3 waste, transporting B3 waste, processing B3 waste, burying B3 waste, and/or storing B3 waste. Hazardous waste generated from laboratory activities is in the form of residual healing processes for sick people such as additives for washing wounds, blood washing, cancer therapy processes, surgical practices, pharmaceutical products, and residue from incineration processes. The waste generated can pollute the environment. The method used is a systematic review through journal reviews regarding the implementation of legal regulations on the implementation of waste management in hospitals. This systematic review shows that laws and ministerial regulations governing the issue of waste management in hospitals already exist and are clearly described. However, in practice, not all hospitals are aware of managing B3 waste properly. This means that the hospital has not optimally implemented environmental management in accordance with applicable laws and regulations. Lack of concern or commitment from the leadership of hospitals and health care facilities, lack of understanding of health care facility staff, and legal cases in health care facilities. The implementation of laws and regulations related to the management of B3 waste in healthcare facilities, especially hospitals, has generally been carried out based on the applicable legal regulations. However, there are still a number of cases of negligence or lack of awareness on the part of the hospital, both from the low awareness of actors or health workers in providing services so as to make a negative contribution to the environment and society.

FRAUD RISK IN TIMES OF CRISIS AND THE DEVELOPMENT OF ITS MITIGATION TOOLS

The phenomenon of fraud has accompanied organizations since their beginnings. Its scale and frequency of occurrence are changing with the economic, legal and economic situation in the domestic and international markets. The factors conducive to its escalation are crisis situations, the determinants of which are to be found in both external and internal factors. Hence, in order to reduce the probability of occurrence and the effects of the impact of fraud risk on the organization, it is necessary to take appropriate measures and implement control mechanisms. The purpose of the publication is to analyze the development of anti-fraud controls diagnosed on the basis of periodic studies of the phenomenon of fraud and conducted by the ACFE organization between 2006-2022 and to assess the degree of their application in Polish business entities. The basic research method was quantitative and qualitative analysis. The analyses carried out showed that entities use anti-fraud controls. However, the prevalence of their application is progressing in accordance with the implementation of legal regulations and guidelines in this area. This means that state and international organizations’ activities significantly impact the development of anti-fraud controls.

On the Issue of Protecting the Rights of Participants in Shared-Equity Construction in the Bankruptcy Procedure of the Builder

The purpose of the study is to update the problem of restoring the balance of interests of creditors – participants in shared-equity construction in the bankruptcy case of the developer. We are talking not only about the priority protection of the rights and legitimate interests of citizens as participants in the construction, but also other persons who are not related to those within the meaning of bankruptcy legislation and suffered as a result of the bankruptcy of the debtor-builder. There is a lack of certainty in the implementation of legal regulation, which negatively affects the existing judicial practice. The current legal regulation assumes the unequal status of participants in shared-equity construction within the framework of the bankruptcy procedure, which has become the subject of constitutional proceedings. The relevance of the study lies in the assessment of the changes made in 2019 to the Law on Equity Participation in Construction and the position of the Constitutional Court of the Russian Federation, expressed in the Resolution of July 21, 2022. The practical significance of the study is determined by the conclusions made by the authors of the article and expressed in an attempt to state the emerging contradictions in the legal positions of courts of various instances on the protection of the rights of participants in shared construction in the bankruptcy procedure of the developer. The article also considers certain aspects of the transition of the rights and obligations of the developer to the public law company «Fund for the Development of Territories», acting in order to protect the rights of citizens – participants in shared construction. It is emphasized that the Fund has no obligations to fulfill the obligations of the builder to collateral creditors. There is a contradictory law enforcement practice on this issue. It is concluded that it is necessary to further improve the legislative regulation of mechanisms for protecting the rights of participants in shared construction.

İnşaat İşçilerinin İş Sağlığı ve Güvenliği Yasal Mevzuatına Uyum Düzeyindeki Beş Yıllık Değişim (2013-2018)

The construction sector is one of the those with the highest number of occupational accidents. There are problems in the implementation of legal regulations on occupational health and safety in the sector. In this study, the questionnaire answered by the construction workers in 2013, was repeated in 2018. Considering the data obtained from studies and legal regulations, the survey results from the questionnaire of in 2013 and 2018 are compared. The results of the comparison indicate the change in the five-year period between 2013 and 2018. The results are examined for the level of compliance of the construction workers with the legal regulations on occupational health and safety. According to this study, some improvements has been achieved in this five-year period at occupational health and safety legislation in construction sector in Turkey.

Legal Aspects of the Balance of Interests: Pharmaceutical Companies Innovators and Generic Manufacturers

The paper deals with the problems of entering the market of generic drugs in the light of protecting the interests of copyright holder-originators. It is emphasized that the main method of protection lies in the area of intellectual rights. The protection of patent rights by companies that are copyright holders of innovative medicines comes out on top. Attention is drawn to issues related to the data exclusivity regime that are especially important in the context of establishing a balance of interests not only between the copyright holders of original medicines and generic manufacturing companies, but also between representatives of the medical community. The paper considers individual rules of special normative legal acts regulating relations related to the circulation of medicines in Russia and abroad. The author draws attention to the fact that there is some terminological ambiguity, which creates difficulties in the implementation of legal regulation. Possible restrictions on the rights of companies that put into circulation generic medicines should act as a certain guarantor in the implementation of the proper legal mechanisms for the protection of the results of intellectual activity in the pharmaceutical sector and contribute to the stimulation of innovation.

LEGAL REGULATION OF WIND ENERGY

The development of alternative energy sources in general and wind energy (including marine) in particular has become increasingly active in recent years. More and more countries around the world are seeking to incorporate the use of renewable energy into their daily lives to meet their international commitments and tasks. Among such tasks are global world policy to reduce greenhouse gas emissions, decarbonize the economy, production, and industry. The best and easiest way to achieve this goal has been the largescale implementation of legal regulation of non-traditional energy sources at both the international and national levels. Such implementation has greatly facilitated and made it possible to achieve the ambitious climate goals that were named in Paris in 2015 and subsequently reflected in the Paris Agreement on Climate Change. The article examines the main program of the European Union on the policy of decarbonization of the European Green Deal, its goals, and aspirations. Attention is paid to a derived regulation for a more detailed understanding of this policy, namely European Climate Law. The legal regulation of wind energy is studied on the example of the Republic of Ukraine, the Republic of Poland, the United States of America, the Republic of Colombia, and the Federal Republic of Brazil. The legal regulation of wind energy in each of the studied countries is unique. At one time, this was influenced by global crises and national ideas, plans and strategies.

Magnetooptical inspection as a form of preventing and combating vehicle crime in the context of the act on road traffic

The article analyzes the legitimacy of the development and implementation of legal regulations in the area of preventing and combating the vehicle crime. It discusses the introduction of a general obligation to perform non-destructive screening of vehicles’ origin, and authenticity of identification data, original serial numbers, and the key components, with the use magnetooptical inspection method in the procedures of obligatory technical inspections performed at vehicle inspection stations.

The Role of the Council of Ministers in the Implementation of Legal Regulation of the Labor of Foreign Workers in the Far East of the Russian Empire (1907−1914)

The Role of the Council of Ministers in the Implementation of Legal Regulation of the Labor of Foreign Workers in the Far East of the Russian Empire (1907−1914)

Construction of Imagined Geographies Through Law: The Case of Judaization of the Negev Desert

This article draws on the postcolonial legal theories and the concept of imaginative geographies, aiming to shed light on the process of producing and realizing Israeli representations of the Negev Desert through the implementation of legal regulations. The focus is on chosen imaginations of the Negev Desert, researched here as a case study of material realisation of imaginative geographies. In the analysis, symbolic narratives, visions of spaces, and new categories, intertwined in legal acts as their foundations, justifications and goals are underlined. The conclusions of presented study show that imaginations and visions can be in fact reproduced in space through legal regulations, and in the analysed case law has three aspects: it is an expression of imagined geographies; it translates those visions into technical terms; and lastly, the implementation of its provisions becomes the main instrument of producing those representations in reality.

Социальные медиа в конституционно-правовом пространстве России и Германии

Introduction. The role of social media is objectively increasing in modern digital information space. They are much involved in shaping public opinion while democracy and civil society are being built and developed. Social media also contribute to the freedom of speech guaranteed by the Constitution. In the context of globalization, the development of state legal regulation often turns to the implementation of the rules which have already been tested in other countries. The fast development of relations in the field of social media and piecemeal legal regulation of this field in Russia make the foreign experience highly demanded. Theoretical analysis. Social media is one of the key actors in shaping public opinion. However, the current legislation of the Russian Federation very superficially regulates the legal status of this media institution. In turn, the Federal Republic of Germany has more experience in the legal regulation of social media. Based on a certain proximity of the state and legal mechanisms of Russia and Germany, as well as the high level of development of democratic institutions of the latter, the authors analyzed the status of social media in the constitutional and legal space of these countries in order to study the possibility of adapting the German experience to improve Russian legislation. Empirical analysis. The high degree of influence of social media on public opinion is due to a number of specific characteristics of their creation and functioning: the spontaneous nature of content creation, the high speed of information dissemination, the minimum level of external influence, the easily perceived nature of information. Taken together, these characteristics of the institution significantly complicate the implementation of legal regulation in relation to them, effective and efficient in practice, which also determines the conduct of the study. Results. We have studied common and individual features of the legal regulation of social media in the Russian Federation and the Federal Republic of Germany. Based on our conclusions, we are coming up with several proposals for the improvement of the Russian legislation on social media. Russia has significant weaknesses and conflicts of laws in the sphere of media production and information dissemination. Russian legislation in no way covers the social media not registered as mass media in the manner prescribed by law. In our opinion, the German legislation on social media also has certain deficiencies. However, some rules may be adapted to Russian legislation. Based on our research, we propose to draft a federal law on social media, which would partially reflect German experience.

Практика органів судової влади у сфері права електронних комунікацій

Метою статті є визначити напрямки використання практики органів судової влади для систематизації права електронних комунікацій щодо консолідації юридичних норм у межах національної правової бази України з урахуванням наднаціональної практики правового забезпечення діяльності учасників ринку електронних комунікацій.
 Наукова новизна полягає в тому, що проаналізовано місце актів органів судової влади в системі актів, згідно з якими повинна проводитися консолідація норм права електронних комунікацій. З урахуванням новітніх доктринальних підходів уточнено «усічену» якість цих джерел права. Досліджено приклади, як правові позиції Верховного Суду стосуються визначення законних меж використання інструментів діяльності публічної адміністрації щодо використання електронних комунікацій, експлуатації радіочастотного та номерного ресурсів України тощо.
 Зосереджено увагу на тому, що положення практики Європейського суду з прав людини можуть спричиняти вплив на право електронних комунікацій не лише щодо визначення сутності окремих видів актів законодавства, системи права електронних комунікацій, а й на порядок реалізації правового регулювання в цій сфері. Продемонстровано роль практики Європейського суду з прав людини у систематизації права електронних комунікацій у контексті догматизації юридичних норм.
 Висновки. Внесено пропозиції на підставі аналізу європейських і національних актів органів судової влади щодо доцільності імплементувати ті правові позиції органів судової влади, які сприятимуть інституціоналізації принципу верховенства права при функціонуванні ринку електронних комунікацій. Доведено, що в постановах Верховного Суду можуть міститися висновки щодо подальшої практики розгляду аналогічних справ. Узагальнення практики, роз’яснення та керівні вказівки Пленуму є надбудовою, що визначає судову практику в нижчих інстанціях із метою розв’язання конфліктів при провадженні діяльності на ринку електронних комунікацій, використанні інструментів діяльності суб’єктів публічної адміністрації.

Restrictions and boundaries in the Russian information law

The subject of this research is the system of legal norms of the Russian Federation that regulates public relations within the process of restriction of the constitutionally recognized information rights and liberties of a human and citizen, as well as establishment of the boundaries of their realization in the current conditions of development of the information society and digitalization. The goal of this work is to develop theoretical foundations for information law through demarcation of boundaries and restrictions of the information rights and liberties, which would also contribute to improvement of information legislation and the practice of its application. The scientific novelty of research is reflected in the acquisition of scientific knowledge required for development of legal regulation of the information sphere in the conditions of digitalization, among which are the original definition of the concepts “boundaries of exercising rights in the information sphere” and “restrictions of information rights and liberties”, obtained based on the conducted analysis of the forming public relations within information sphere and their legal regulation. The following conclusions were made: 1) there is absence of research on the issues of boundaries of rights, including boundaries in information law; 2) there is a need for determination of boundaries of exercising right in the information sphere and restriction of information rights and liberties in implementation of legal regulation, as well as consideration of the legal nature of technical norms in their inclusion into a normative legal act.

Transfusions in the Emergency department: More than a blood transfusion

Increasing haemoglobin and haematocrit levels with blood transfusions has been the gold standard for treating severe anaemia; however, the indication for transfusing concentrated red blood cells is based merely on a few laboratory markers, such as haemoglobin and haematocrit levels, rather than based on the symptoms according to clinical practice guidelines, the implementation of legal regulations and the consensus achieved by the hospitals’ transfusion committees. The aim of this multicentre study was to reassess the suitability of the indication for transfusing concentrated red blood cells and the volumes transfused in emergency departments. We established an observational, multicentre, cross-sectional design with 2 participating centres: the La Paz University Hospital and the Hospital of Salamanca. In total, we obtained data from 381 patients, 220 (57.74%) of whom were men with an average age of 71.4±14.0 years and 161 (42.26%) of whom were women with an average age of 75.3±15.3 years (P<0.001). The most prevalent underlying diseases in the patients who underwent transfusions were heart disease, which included haemorrhaging due to antiplatelet or anticoagulant therapy (57.7%), haematooncologic (15.3%) diseases and neurological disease. Only 54.9% (209/381) of the prescriptions for transfusion were considered appropriate, with significant differences according to the indication.

Transfusión en Urgencias: algo más que una transfusión de sangre

Increasing haemoglobin and haematocrit levels with blood transfusions has been the gold standard for treating severe anaemia; however, the indication for transfusing concentrated red blood cells is based merely on a few laboratory markers, such as haemoglobin and haematocrit levels, rather than based on the symptoms according to clinical practice guidelines, the implementation of legal regulations and the consensus achieved by the hospitals’ transfusion committees. The aim of this multicentre study was to reassess the suitability of the indication for transfusing concentrated red blood cells and the volumes transfused in emergency departments. We established an observational, multicentre, cross-sectional design with 2 participating centres: the La Paz University Hospital and the Hospital of Salamanca. In total, we obtained data from 381 patients, 220 (57.74%) of whom were men with an average age of 71.4±14.0 years and 161 (42.26%) of whom were women with an average age of 75.3±15.3 years (P<.001). The most prevalent underlying diseases in the patients who underwent transfusions were heart disease, which included haemorrhaging due to antiplatelet or anticoagulant therapy (57.7%), haemato-oncologic (15.3%) diseases and neurological disease. Only 54.9% (209/381) of the prescriptions for transfusion were considered appropriate, with significant differences according to the indication.

Особенности отдельных типов распорядительных делопроизводственных документов органов внутренних дел (историко-правовой аспект)

The article is devoted to the analysis of certain types of administrative documents of the internal Affairs bodies in the soviet period. The author of the article points out that administrative documents containing the rules of law, but not being normative are also legal acts of management. These acts are the subject of research of scientists in the field of administrative law, their scientific provisions are necessary to understand the essence of departmental rulemaking. That is why the consideration of documents of this kind should be considered using an interdisciplinary approach. The author, considering separate types of the called documents: instructions, circulars, directives and legal instructions, pays attention to the period of application of the specified documents in practice of work of bodies, features of their contents and registration. The presented historical and legal analysis allows to maintain continuity in the implementation of legal regulation in the bodies of internal Affairs, the uniform implementation of departmental rulemaking.

Вплив актів органів судової влади на систематизацію права електронних комунікацій

Purpose. The paper reveals the directions of using legal positions of court rulings to systematize the electronic communications law regarding consolidation of legal regulations within the national legal framework of Ukraine, taking into account supranational practice of legal support of the electronic communications market participants. Methods. For achievement of research purposes, the author uses special legal methods of scientific knowledge: formal-logical, system-functional, comparative-legal. Results. In the first part of the paper, the author deals with the place of the court rulings in the system of sources, according to which the consolidation of the electronic communications law provisions is to be carried out. Taking into account the latest doctrinal approaches, the “truncated” quality of such sources of law is specified. The author gives examples of how the Supreme Court’s legal position concerns the definition of the legal limits for the public administration to use tools in relation to the electronic communications, operation of radio frequency and number resources of Ukraine, etc. The second part of the paper highlights that the provisions of the European Court of Human Rights practice might affect the electronic communications law not only to determine the essence of certain types of sources of the law, the system of the electronic communications law, but also on the implementation of legal regulations in this area. Role of the European Court of Human Rights practice has been demonstrated as to systematize the electronic communications law in the context of dogmatic legal regulations. Conclusions. Firstly, on the basis of the analysis of the European and national court rulings, the author concludes that it is expedient to implement the legal positions of the judicial authorities that will promote the institutionalization of the rule of law principle in the functioning of the electronic communications market. Secondly, it has been proved that the Supreme Court’s rulings might contain conclusions on the further practice of dealing with similar cases. Generalization of practice, explanations and guidance of the Plenum is an overhead structure that defines judicial practice in the lower courts with a view to resolving conflicts in conducting activities in the electronic communications market, using activity tools by the public administration.

The methodology of law enforcement policy

The subject of the paper is methodology of law enforcement policy, elements and relevance for law enforcement activity.The main aim of the paper is to confirm or disprove the hypothesis that methodology of law enforcement policy is a system of intellective elements and a part of the higher level system of law enforcement policy simultaneously.The description of methodology. The methodological basis of research is systematic approach. Authors analyze the methodology of law enforcement policy as a combination of elements influencing on each other. The dialectic and formal-legal methodology is also used when the authors analyze trends in judicial practice.The main results and scope of their application. Law enforcement policy is a state strategy that defines the main directions, methods and means of implementation of legal regulations. From the standpoint of a systematic approach, law enforcement policy is a system of managerial type that consists of three elements: subject, object and means (methods). The methodology of law enforcement is a system of interacting elements, such as: modeling the main directions of the implementation of the law; specification of the general strategy for the implementation of legal regulations; identifying trends in law enforcement; correction of law enforcement practices; scientific and methodological support of law enforcement policy. The authors analyze each of the listed elements of the law enforcement policy, pointing out their role in improving the practice of law enforcement. The proposed analysis may become a crucial point for research in the field of law enforcement methodology. The results of research may be used as the basis of correction of methodology of law enforcement practice.

Circumstances and Structure of Occupational Sharp Injuries among Healthcare Workers of a Selected Hospital in Central Poland.

(1) Background: An analysis of work-related sharp injuries in Healthcare Workers (HCWs) based at a selected hospital in Central Poland by presenting the frequency of accidents, injury rates, and identifying circumstances of Needle Sticks and Sharp Injuries (NSSI) and giving Post-Exposure Procedures (PEP). (2) Methods: A retrospective analysis of medical documentation regarding work-related NSSI at a district hospital located in central Poland; over the period 2010–2017. The study group included HCWs who had an accident while on duty. (3) Results: Most injuries were reported by nurses and staff over 40, on the morning shift. The most common injuries were using a needle. The most exposed part of the body were fingers. The average annual injury rates were: 1.22/100 Nurses; 2.02/100 doctors; 1.34/100 hospital beds; and 8.59/100,000 inpatient days. The rates for 3-year periods, after the implementation of legal regulations were higher than before. Conclusion: Injuries rates are more reliable for comparison than frequency. Legislation on the need to register injuries seems to be necessary. In the supervision of work safety of personnel, reliable reporting of all injuries by the respective HCWs plays a key role.