Incomplete Regulation Research Articles

Moxibustion of Zusanli (ST36) and Shenshu (BL23) alleviates the inflammation of rheumatoid arthritis in rats through regulating macrophage migration inhibitory factor/glucocorticoids signaling.

To test the hypothesis that moxibustion may inhibit rheumatoid arthritis (RA) synovial inflammation by regulating the expression of macrophage migration inhibitory factor (MIF)/glucocorticoids (GCs). Fifty male Sprague-Dawley rats were randomly divided into five groups (n = 10 each): blank Control (CON) group, RA Model (RA) group, Moxibustion (MOX) group, MIF inhibitor (S,R)-3-(4-hydroxyphenyl)-4,5-dihydro-5-isoxazole acetic acid methyl ester (ISO-1) group, and Moxibustion + MIF inhibitor ISO-1 (MOX + ISO-1) group. Rats in the ISO-1 group and ISO-1 + MOX group were intraperitoneally injected with the inhibitor ISO-1. The rats in the RA group, ISO-1 group, MOX group, and ISO-1 + MOX group were injected with Freund's complete adjuvant (FCA) in the right hind footpad to establish an experimental RA rat model. In the MOX group and MOX + ISO-1 group, rats were treated with Moxa. The thickness of the footpads of the rats in each group was measured at three-time points before, after modeling and after moxibustion treatment. The contents of serum MIF, corticosterone (CORT), tumor necrosis factor-α (TNF-α) and interleukin-1β (IL-1β) were detected by enzyme-linked immunosorbent assay; and the contents of synovial MIF were detected by Western blot. Hematoxylin-eosin (HE) staining method was used to observe the pathological changes of synovial tissue under a section light microscope, and pathological scoring was performed according to the grading standard of the degree of synovial tissue disease. Moxibustion was found to reduce the level of MIF and alleviate inflammation in RA rats in this study. In addition, after inhibiting the expression of MIF, the level of CORT increased, and the level of TNF-α decreased. Treating RA rats with inhibited MIF by moxibustion, the level of CORT was almost unchanged, but the level of TNF-α further decreased. The correlation analysis data suggested that MIF was positively related to the expression of TNF-α and negatively correlated with the expression of CORT. Reducing MIF to increase CORT and decrease TNF-α by moxibustion treatment in RA. MIF may be a factor for moxibustion to regulate the expression of CORT, but the expression of TNF-α is due to the incomplete regulation of the MIF. This study added to the body of evidence pointing to moxibustion's anti-inflammatory mechanism in the treatment of RA.

Historical and legal aspect of establishment and activities of Ad Hoc PAROS (Prevention of an Arms Race in Outer Space) Committee

The article examines the historical and legal aspects of the establishment and activities of the Ad Hoc PAROS (Prevention of an Arms Race in Outer Space) Committee, which operated from 1985 to 1994 as a subsidiary body of the Conference on Disarmament. The historical prerequisites for the creation of the Ad Hoc PAROS Committee and the resolution of the UN General Assembly together with the working documents of the Conference on Disarmament related to the activities of the Committee and the areas of its work were analyzed. Key functions of the Committee included processing proposals of regional groups, holding meetings, involving experts, and developing documentation on issues related to the prevention of an arms race in outer space. Emphasis was placed on the active involvement of delegations in the development of measures to prevent an arms race in outer space, with the aim of preserving its peaceful use for future generations. It was revealed that at the meetings of the Committee, delegations proposed to strengthen the support and the existing international norms and rules; to develop new international agreements that would regulate problematic issues of outer space activity; to create measures to increase transparency and trust between states, through the creation of monitoring international agencies; to promote cooperation and partnership in outer space exploration.
 The article justifies the importance of the Committee's contribution in providing an opportunity to states, which are seeking to settle the issue of disarmament not only on Earth, but also in outer space, to put forward proposals for strengthening confidence and to resolve the issue of the legal vacuum created by the incomplete regulation of the use of outer space. The opinion was expressed that the Committee had great potential to become a permanent body of the Conference on Disarmament and, despite the lack of a negotiating mandate, received the support of states for updating existing international treaties, creating confidence-building measures. However, subsequent historical events made their adjustments, and the Committee was not renewed.

Legal Guarantee and Governmental Responsibility in Chinese Preschool Education Development: Roles of the Preschool Education Law of the People’s Republic of China

The Preschool Education Law of the People’s Republic of China (Draft) is instituted in response to issues arising in the development of Chinese preschool education, such as a lack of explicit definitions of governmental responsibility, incomplete regulation mechanisms, and insufficient general accessibility of preschool services. This article focuses on discussing the law’s significance for building a preschool education system that aims to provide pre-primary service as a public good and is under stringent regulation at all levels of government.

Ion fluxes Involved in the Adaptation of the Estuarine Diatom Coscinodiscus centralis Ehrenberg to Salinity Stress.

Although estuarine diatoms have a wide range of salt tolerance, they are often severely stressed by elevated salt concentrations. It remains poorly understood how estuarine diatoms maintain ionic homeostasis under high-salinity conditions. Using a scanning ion-selective electrode technique, this study determined the fluxes of H+, Na+, and K+ involved in the acclimatization of the estuarine diatom Coscinodiscus centralis Ehrenberg after an elevation in salinity from 15 psu to 35 psu. The C. centralis cells exhibited marked H+ effluxes after a transient treatment (TT, 30 min) and short-term treatment (ST, 24 h). However, a drastic shift of H+ efflux toward an influx was induced in the long-term treatment (LT, 10 days). The Na+ flux under TT, ST, and LT salinity conditions was found to accelerate the Na+ efflux. More pronounced effects were observed under the ST and LT salinity conditions compared to the TT salinity condition. The K+ influx showed a significant increase under the LT salinity condition. However, the salinity-induced Na+/H+ exchange in the estuarine diatom was inhibited by amiloride and sodium orthovanadate. These results indicate that the Na+ extrusion in salt-stressed cells is mainly the result of an active Na+/H+ antiport across the plasma membrane. The pattern of ion fluxes under the TT and ST salinity conditions were different from those under the LT salinity conditions, suggesting an incomplete regulation of the acclimation process in the estuarine diatom under short-term salinity stress.

Confronting the Crimes of domestic violence against women(Study in the Act of Combating Domestic Violence in Kurdistan Region-Iraq)

The research aims to define the domestic violence that is committed against women, and to indicate the effects that can result from it, and to clarify its forms, and how the Iraqi legislator confronted this type of violence, which is considered the most dangerous. As it affects the family and threatens its entity and stability, and the harmful effects which may be resulting from that on society. And we have determine the topic of research in the Act of Combating Domestic Violence in Kurdistan Region, because it‘s the only special legislation issued in Iraq until now against the crimes of domestic violence, and we will discuss its provisions to identify if it succeeded in combating that crime or not? Some of its results is: the Act of Combating Domestic Violence didn't give enough protection for women against violence, and included contradictions between its provisions on the one hand, and between the legal and constitutional provisions on the other hand, as well as its dereliction in regulating many necessary maters, and as a result of this incomplete regulation, This law does not suitable for execution, and needs to be modified to be more effective in confronting these crimes.

Full Compensation for Damage in International Carriage Law with Regard to the Carriage of Goods – Rule or Exception?

The purpose of this article it to outline the legal nature of limitations of the amount of compensation stipulated in international carriage conventions. The paper tries to answer the question whether these limitations in an array of cases of carrier liability allow a conclusion that the principle of limited compensation applies here or whether perhaps the principle of full compensation remains valid and limitation of the amount of compensation is still an exception. Having analysed the legal character of limits to the amount of compensation, having demonstrated derogations from the application of provisions that limit the sum of the compensation and having taken into account the incomplete regulation under international carriage conventions and its lack of autonomy (falling under the civil law), the author points out that limiting the sum of compensation, despite being applied in the majority of cases of carrier liability, is not a rule but an exception from the full compensation principle. An answer to the fundamental question allows appropriate interpretation of provisions on establishing the amount of compensation due from the carrier. If one were to assume that these regulations maintain their exceptional nature, they will need to be interpreted in a restrictive manner, according to the exceptiones non sunt extendendae principle, and any doubts will have to be settled according to the full compensation principle.

Legal Implications of Regulating Judicial Review of District/City Regulations in Indonesia

This article aims to analyze the legal implications of regulating the judicial review of district/city regulations in Indonesia. The author sees that there is incomplete regulation in the examination of statutory regulations under the law against the law, namely the incomplete set of the regional regulations touchstone, the incomplete set of the scope of the material and formal examination, the incompleteness of the legal standing arrangement, and the incomplete setting of the nature of the trial examination open to the court. This study uses a normative juridical research method with a statutory approach and a conceptual approach to provide answers to problems. The existence of incomplete regulation in the examination of legislation under the law against the law has legal implications as follows: legal uncertainty scope of material and formal testing, the absence of legal order, violation of the hierarchy of legislation, the loss of the central government's legal position in testing local regulation, and weak supervision of regional regulations by the central government.

Some obstacles in regulation on the limited company asking for solutions

Law on Enterprises 2020 has appropriately modified provisions on the organization and operation of multi-member limited companies. However, shortly after implementation, some new regulations continuously lead to impediments whose legal loopholes would contribute to risks and harmfulness to corporations, investors, and even economic activities in general. Different from previous versions; the Law on Enterprises 2020 overlooks the rights and duties of companies’ members and supplies only provisions on those related to persons in the Board of Members instead. Neverthesless, this has forfeited several rights inevitably owned by a company’s member, who contributes to and owns parts of the company’s capital. In addition, it provides an incomplete regulation on corporations’ executive and management, in particular the apparent competence of the Board’s members. Currently, the Director (or General Director)’s decisions are scoped in corresponding with the rights of the Board of Members’ president. Regardless, the Corporation Law 2020 sends no confirmation of such rights. Accordingly, this paper extracts obstacles in rules on the Board’s members and their rights and duties for appropriate solutions. Under the common aspects, the problems raised on provisions concerning authorities to enter into contracts of the Director (or General Director) and the President of the Board of Members are considered for proper recommendations for further amendments to the Law on Enterprises.

Collisions in local lawmaking

The study is devoted to clarifying the problem of existing collisions in local lawmaking, which allowed to substantiate the common understanding of this problem, as well as to identify new theoretical and applied conclusions and positions related to the need to resolve collisions in local lawmaking, their specifics and special characteristics. It is established that the country has adopted and operates a large number of regulations, many of which contradict each other, have internal inconsistencies and inconsistencies. Legal science and practice face the task of in-depth analysis of the causes of municipal legal collisions, finding ways to prevent and resolve them. It is pointed out that the emergence and increasing severity of conflicts in local lawmaking in most cases due to incomplete legal regulation of public relations, violation of the rules of legal technique in the adoption of local acts, insufficiently effective ways to prevent and resolve the latter. In addition, it is established that the method of settling and resolving local conflicts through the prism of legislative establishment of the priority of application of the norm and act is the most clear and effective.
 In the course of the research the systematic analysis of views on the collisions in law in general is carried out, the basic signs of the conflict in local law-making, its place among the specified categories in the plane are defined; analysis of the process of evolution of the social contradiction into a legal one with the subsequent transformation into a collision and a gap; legal conflict is defined as a subjective-objective phenomenon of legal reality. Among the existing large number of classifications of legal conflicts are local-legal, which are legal contradictions that arise due to subjective and objective reasons and errors in the exercise of powers to resolve the population directly and (or) through local governments, local issues, which is manifested in the adoption of regulations of local governments and their officials. Based on the analysis, the characteristic features of local-legal conflict are determined, which are detailed by the specified provisions on the connection of partial and general, manifestation in various forms and types, depending on the specifics of causes and solutions, local self-government issues of local significance and the emergence of the implementation of powers and the adoption of relevant municipal legal acts of local governments and their officials, with its own specific set of elements of the resolution mechanism.

The perverse effect of environmental regulation on emissions: The role of product‐mix changes

AbstractWe study the effect of environmental regulation (taxation) on emissions when the only available abatement method consists of product‐mix changes. Firms choose to produce one or both varieties of a product—a pollution‐intensive (dirty) and a non‐pollution‐intensive (green)—and compete in a differentiated Cournot duopoly. We characterize the equilibrium market structure as a function of the tax rate and show that increases in the tax can promote product‐mix changes that lead to a jump in emissions for some tax range, an effect we call the perverse effect of taxation. Our work emphasizes the key role horizontal product differentiation in this process and shows that the perverse effect does not require the presence of vertical product differentiation. Further, the perverse effect of taxation is especially strong in the presence of incomplete regulation, that is, when only one of the markets is subject to taxation.

К вопросу об актуальных проблемах конституционно-правовой ответственности высших органов государственной власти и должностных лиц в свете внесенных поправок в Конституцию Российской Федерации

The article is devoted to the analysis of the amendments made to the Constitution of the Russian Federation from the point of view of their influence on the development of the institution of constitutional legal responsibility, the issues of constitutional consolidation of certain measures of state coercion, the emergence of new forms of implementation of constitutional and legal responsibility and possible problems of their application are examined. The aspects of the preservation of incomplete regulation of the key provisions of the grounds for the application of constitutional and legal sanctions affecting the functioning of the system of checks and balances are touched upon. At the same time, theses were put forward on the importance of the constitutional consolidation of the responsibility of judges of higher courts, the expansion of the subject and institutional composition of participants in the implementation of measures of constitutional and legal responsibility of the highest bodies of state power of the Russian Federation, the inherent tendencies towards the expansion of this legal institution and the degree of enrichment of the substantive value of the introduced innovations. The selected vectors for building state power, building relationships between them and measures of mutual responsibility, laid down by the amendments to the Constitution of the Russian Federation, are proposed for understanding.

Legal Governance on Fintech Risks: Effects and Lessons from China

AbstractFintech risks have a special type of structure and formation mechanism; regular updates and a complete financial legal system are needed to implement an effective legal governance. China’s fintech development is leading the world, but its lagging legal development does not match its rank in the field. Due to the difficult co-ordination of regulatory goals, unclear allocation of regulatory power, insufficient risk identification, and incomplete regulation tools, China’s legal governance on fintech risks has been swinging between the paths of suppressive, indulging, and adaptive regulation. It is urgently necessary to follow the fintech-risk law and fully tap into the local resources and explore the intervening path with more proactivity, foresight, and refined characteristics, through specification of the legal status and governing power of the intervening entity, the institutional basis and legal effect of interventional means, and the governing key and constitutional rules of intervening objects, to establish a legal-governance system on fintech risks that is innovation-friendly, regulatorily effective, and safe at the bottom line, fully covering the whole process.

Subject of corporate agreements: actual economic and legal approaches to the definition

Problem setting. The theoretical and practical significance of the subject of contract result in the need of studying this issue in the context of the corporate agreement, especially in the terms of its concise and incomplete regulation. Analysis of recent researches and publications. V.A. Vasilieva, Yu.M. Zhornokyi, M.M. Sigidin, K.O. Ryabova, D.V. Lomakin, M.V. Trubina, V.G. Borodkin, M.S. Varyushin and others have been researched the subject of corporate agreements. Theirs scientific minds formed the basis of this research, but in the conditions of the corporate law revision, the relevance of this study is obvious. The purpose of the article is to identify the subject of corporate agreements based on a critical understanding of fundamental doctrinal and legislative principles of its definition. Article’s main body. Formalization of corporate agreements in Ukraine led to the studying of its subject matter at higher level and gave the possibility of systematizing the basic, constitutional considerations of such subject. Thus, at legislative level the corporate contract subject definition should (a) stand with organizational nature of the corporate agreement as the economic agreement; (b) define widely the object of obligations what is such agreement about - participation rights; (c) indicate the active or passive nature of the mutually agreed activities what are subject of the corporate agreement; (d) provide a broad approach to the increase the nature of the actions to be established - the development of an organization (including management, control). Conclusions and prospects for the development. Based on the research, the subject of corporate agreement should defined as mutually agreed procedure and peculiarities of realization of corporate and other rights of members of the company or abstaining from its realization and fulfillment of obligations during organization of activity of the company

К вопросу о проблеме соотношения различных видов

In the conditions of strengthening of modern Russian statehood, there is an urgent need to develop the system of assigning ranks and titles of various types of public service. In this article some problems of the organization of public service in Russia are considered — the problem of regulation of other types of public service, and also the problem of a ratio of types of public service, including consisting in incomplete legal regulation of conformity of class ranks, military and special ranks. Based on the analysis of the three-century experience of the system of ranks and ranks in Russia, the authors of the article come to the conclusion that it is necessary to streamline the system of assigning military and civil ranks and ranks in the modern state.

Analisis SWOT Pada Strategi Pemasaran Ledre Pisang Ud. Dua Putri Dewi, Kota Malang

Bananas are one of horticultural plants with a large production potential in Indonesia. There are two types of bananas in Indonesia, namely that can be eaten immediately and which must be processed first before eaten. Processed bananas are very abundant and one example is a snack called Ledre. One of the Ledre Banana processing industries in Malang City is UD Dua Putri Dewi. The purpose of this study is to find out the marketing strategies used by UD Dua Putri Dewi by using SWOT Analysis as the research method. The results of the analysis show that each factor in the marketing strategy has a varied score. In the strength of the ledre’s banana UD Dua Putri Dewi, the highest score of the indicator score was the delicious ledre banana with a score of 0.189. Weakness factor has the highest score score indicator is the incomplete regulation of the implementation of production and fund management, including SOP (standard of operation and procedure) with a score of 0.121. The opportunity factor (Opportunity) has the highest indicator score, which is very useful government support with a score of 0.206. Threat factor (Threat) has the highest score of the indicator, namely the number of competitors who are increasing and competitive with a score of 0.154. The marketing strategy in UD Dua Putri Dewi using SWOT analysis is in quadrant I which is a strategy that supports aggressive strategies. At that position UD Dua Putri Dewi is in a situation where its strength is taking advantage of opportunities. Thus, the strategy that must be applied in this condition is to support an aggressive growth policy (Growth Oriented Strategy).

Between health and salary: The incomplete regulation of working time in European law

The European Union competences on health and safety of workplace constituted the legal basis for the 93/104 Directive to be adopted (and for the consolidated text of 2003/88 Directive). The Court of Justice has firmly maintained this approach refusing to take into account the history of international regulation on working time, which links together work and salary in perspective to give the workers the right to fair and equal treatment as regards their working conditions (as has been recently proclaimed also by the European Pillar of Social Rights). Building on these general premises, this article analyses the more recent European pieces of legislation and cases related to on-call time and proposes a new model for the definition of working time in the light of CJEU case law.

Tax and Taxation and its Character

This paper investigates whether an emissions tax (equivalent to an emissions cap) maximizes social welfare (defined as the sum of consumer and producer surplus) in the presence of incomplete regulation (leakage) or market power by analyzing an intensity standard regulating emissions per unit of output. This paper analyzes the effect of passive investment in rival firms on the setting of uniform taxes and uniform absolute emission standards by the government. This article is concerned with taxation in general, its principles, its objectives, and its effects; specifically, the article discusses the nature and purposes of taxation, whether taxes should be classified as direct or indirect, the history of taxation, canons and criteria of taxation, and economic effects of taxation, including shifting and incidence (identifying who bears the ultimate burden of taxes when that burden is passed from the person or entity deemed legally responsible for it to another).

New technologies and law: a modern legal approach to the distributed registry technology

Currently we witness an active debate on whether legal mechanisms should be established to mediate the use of new technologies. The authors believe that digitalization of social relations has a global character, changes the foundations of the society and requires the development of adequate legislation based on the in-depth study of the processes. It is proved that, first, it is necessary to develop a scientific concept of the mechanism of legal regulation of relations using the technology of distributed registers (the TDR) in economic activity, in the spheres of public administration and implementation of public functions. The article, based on the problems of law enforcement practice, formulates the main characteristics of the study that could, in the authors’ opinion, give a really necessary legal solution to the state and society. Such research will allow us to formulate scientifically grounded proposals concerning legislative regulation of public relations with the use of the TDR that will include the development of legal frameworks of objects of relations arising as the result of the use of the TDR and being of economic value (digital assets, in particular tokens, cryptocurrencies, digital rights); in determining the legal status of entities using the TDR; in the formation of a system of indicators for assessing the use of the TDR in various spheres of public relations; in giving legal qualification of transactions in distributed registers and the legal consequences of their commission; in the creation of an integral legal mechanism for protection of participants in legal relations using the technologies of the distributed register. The main result of the study under consideration will be the developed scientific concept of the mechanism of the legal regulation of relations with the use of the TDR in economy, in the spheres of public administration and the implementation of public functions. Otherwise, this area will suffer from incomplete legislative regulation with the need for constant «patching of holes» associated with the hasty and ill-considered law.

THE LOST PROFITS AND CONDITIONS OF ITS COMPENSATION IN THE CIVIL LAW OF UKRAINE, THE RUSSIAN FEDERATION AND THE USA

The author concludes that the civil legislation of Ukraine is characterized by incomplete regulation of issues related to compensation for lost profits today. The legal nature of the lost profits was analyzed. In addition, the author paid attention to the procedure of proving the existence, as well as the correctness of calculating the amount of lost profits, considered through the prism of both Ukrainian, Russian and American legislation.In the article of the work the author describes the reasons for the connectivity contumacy of the procedure for proving the loss of profits with some difficulties. The article also pays some attention to the legislative regulation of the question under consideration in the framework of Russian civil law, and also notes significant regulatory changes in the field of compensation for lost profits, which allowed individuals to protect their violated rights more effectively.The author also considers this issue through the prism of the laws of such American states as California, Texas and Virginia, as well as American judicial practice. Through analysis, attention is focused on the differences in the legal securing of lost profits, as well as on the commonality of the means of proving its amount.The author proposes to amend some of the legislative acts of Ukraine, as well as to adopt a corresponding law, with the aim of improving the legal regulation of problematic issues of the topic under consideration. The author considers it expedient to establish forensic expert commissions within the framework of state specialized agencies, whose scope of activity would include giving conclusions on the existence of lost profits, as well as the correctness of calculating its amount.

INVOLVEMENT OF SCHOOLS IN THE PROCESS OF PROTECTION FROM DOMESTIC VIOLENCE

Specific activities of the schools, functions and responsibilities delegated by national and international laws lead to an obligation to involve in some criminal proceedings for violence against children in close environment, for example reporting about domestic violence against children to competent authorities, providing them with the relevant data, etc. The aim of this work is to establish schools’ obligations relating to information about the possible violence against child in the near surrounding. The tasks were achieved using the following methods: method of analysis of scientific literature, a comparative analysis, method of systemic analysis, the traditional method of the analysis of documents. Additionally, the empiric method was used and deep one-on-one interview with the experts was implemented. The aim was to identify the approach towards the need of school's participation in criminal proceedings regarding violence in the near environment of the persons who are directly familiar with the examined problem. The analysis suggests that the duty to report is often performed defectively, and the application of legal liability for failure to comply with this obligation is ineffective. Different reasons lead to this situation both legal and non-legal: incomplete special legal regulation, lack of legal knowledge, psychological, social and other factors determined by specific activities of schools. Not inadequacy of the legal regulation but its inappropriate implementation is most problematic. Enforcing detailed national as well as schools' local legal regulation, training of all staff, application of special preventive programs, including special measures in to common practices, cooperating with competent institutions are the measures which could lead to the adequate performance of the obligations. Accordingly, schools have human and legal resources to involve in some criminal proceedings for domestic violence against children more actively, especially in reporting about cases of violence.