Legislative Interest Research Articles

Digital geographies of home: parenting practices in the space between gaming and gambling

ABSTRACT This paper advances debates at the intersection of geographies of children, youth and families, digital geographies, and geographies of home. We argue that social, seasonal and limited time are vitally important for understanding the new landscape between gaming and gambling and have wider analytical purchase for geographers. This paper reveals parenting practices connected to the multi-billion-dollar industry of paid-for currency in digital games used to access gambling style systems and chance-based mechanisms such as loot boxes. We use this timely example to develop new digital geographies of home from original interviews with families based in England on their everyday lived experiences of gambling-style systems in digital games as well as data from video ethnographies with children and young people and interviews with international game designers. This paper challenges current understandings by examining how parents make sense of gambling-related harms and demonstrates the spatial and temporal dynamics of purchasing decisions, rules, and associated conflicts in domestic space. We argue these systems in digital games shape and are shaped by family geographies. This paper concludes by outlining its relevance for the social and health sciences at a time of intense legislative interest in the increasingly blurred space between gaming and gambling.

Genetic and Digital Discrimination in Labor Law: Problem Statement

The last few decades have been characterized by the most active development of medicine and genetics, leading to the emergence of new knowledge about the functioning of the human body. The identification of a genetic predisposition to the development of certain diseases requires a rethink of traditional approaches to the use of employee personal data, labor protection, and the balance of public and private interests in labor legislation. This article analyzes approaches to determining the legal nature of genetic information, identifies possible areas of restriction of workers’ rights depending on the identification of hereditary predisposition to certain diseases, draws a line between discrimination based on genetic characteristics and differentiation. In the context of the active digitalization of personnel processes, the risks of possible digital discrimination in the selection and evaluation of employees using artificial intelligence technologies are noted.

Historical and legal overview of Public Interest Litigation as an institute of Administrative Justice

The article provides a historical and legal characterization of the institution of a Public Interest Litigation in general and in the context of administrative proceedings. The author reveals the historical origins of this institute from the time of Roman law, where it was called “actio popularis”. Some of the most common constructions of such claims in Roman law are highlighted. The author emphasizes the public benefit of filing such claims despite their private law nature. The author emphasizes the dualism between private and public interests in law, which is particularly evident in the institution of a Public Interest Litigation. The terminology used in different legal systems to describe the institution of a public interest action or its individual varieties is revealed: “actio popularis”, “Public Interest Litigation”, “Public Interest Law”, “Social Interest Litigation”. The author outlines the main areas in which Public Interest Litigation is most often applied: environmental protection, anti-discrimination, etc. The author analyzes the reasons for the low interest in the institution of public interest litigation in previous historical periods in Ukraine. On the other hand, it is suggested that there has been a significant increase in interest in such lawsuits in recent years, which is due to certain factors. These include: the development of civil society and the increased interest of legislators in this institution, as well as the ratification by Ukraine of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). The last point was important in the context of the further adoption by the Grand Chamber of the Supreme Court of the decision of 11.12.2018 in case No. 910/8122/17, which stated the right of environmental associations to file lawsuits in the public interest on these matters. The article concludes with the emphasis on the prospects for further research into the application of actio popularis in foreign jurisdictions with a view to exploring the possibilities for expanding the number of legal relations in which such claims may be filed in Ukraine.

Problems of Combining Public and Private Interests in Kazakhstan Labour Legislation

The article analyses the issues of combining public and private interests in Kazakhstan labour legislation through the prism of law regulation method of social-labour relations. It is noted that since the entry into force of the Labour Code of the Kazakhstan Republic (1 January 2016) there have since been over 200 amendments and modifications, but the legislators have failed to expand the scope of contractual regulation that takes into account the private interests of employees. This is illustrated by the specific norms of the Labour Code analysed in this article. It is concluded that the public interests implicit in the norms of labour law should be conditioned only by the need to protect private interests of employees.

Национальные интересы и их охрана в цивилистическом судопроизводстве

Under civil, arbitration and administrative procedures, many cases are considered in which one of the objects of protection is state (national) interests. The work provides evidence that a number of legal relations regulated by the Civil Code of the Russian Federation are of a public-law nature. In this case, disputes arising from these relations are resolved according to the rules of action proceedings in civil and arbitration procedures. The author proves that the state, acting as a participant in civil-law relations, nevertheless implements public-law functions ensuring national interests. At the same time, there are no special rules aimed at protecting these interests in procedural legislation. The author developed an approach to understanding the nature of national interests, including the traditional spiritual and moral values enshrined by the decree of the President of the Russian Federation. Based on the analysis of the legal positions of the Supreme Court and Constitutional Court of the Russian Federation, the doctrine of civil and arbitration procedures, and administrative proceedings, private and public-law conflicts are differentiated. The author proposed specific procedural mechanisms for protecting national interests in civil proceedings: accretion of the procedural power of the court when considering cases with the participation of the state (going beyond the asserted claims and arguments of the parties, disclosure of evidence on its own initiative); expanding the functions of the prosecutor in the field of civil procedural jurisdiction (in particular, giving him the right to apply for defense of the rights and interests of military personnel); consolidation of special procedural responsibilities of state authorities, local government authorities, officials as participants in civil and arbitration proceedings. It is also proposed to prohibit the conclusion of settlement agreements in cases involving the state.

The capitalization of interests in peruvian legislation and its implication in the procedural field

The capitalization of interests in peruvian legislation and its implication in the procedural field

Liberty and Order: Legal Interests in China's Domestic Crime Legislation and Amendment

The family is an independent community, in which members have closer life ties and deeper subjective emotions than ordinary social members. The diversity of the internal relationships within the family and the different expressions of family ethics determine the pluralistic normative construction of criminal law when it intervenes in the family. However, with the transformation of the social structure, the function of the family has gradually declined. The traditional Chinese society's "family-oriented" ideology has fallen behind, and the past value judgment of "emphasizing order and disregarding freedom" does not conform to the social values of the people. Firstly, in terms of the configuration of penalties, the statutory penalties for domestic crimes are lighter than those for similar crimes, which conflicts with the increasing sense of equality, rights, and modern family concepts in society. Secondly, in the judicial practice process, the judicial organs ignore unfair interest arrangements, attach importance to outdated value judgments, overemphasize departmental interests, and infringe on the legitimate rights and interests of vulnerable groups. These behaviors all go against the values of ordinary people. This article takes the crimes of purchasing trafficked women and child abuse in traditional Chinese family crimes as examples, combined with current social trends and the transformation of traditional family values and order. Based on the unique and complex features of the protected legal interests in family crimes, it balances the values of order protection and human rights protection, faces up to the connotation and extension changes of domestic crimes in the new era, and establishes the family law theory of criminal law.

Sociological study of cyber threats as an integrated part of the general data protection regulation

Sociology studies society and the patterns of its development, social processes, institutions, relations, structures, communities and certain cultural values which determine its development. Sociology also studies human behavior - how it affects society, and how people behave in social groups. There are many understandings of sovereignty in academic circles but mainly as absolute and hierarchical. As time passes, the concept of sovereignty, which prioritizes territory, has begun to lose relevance due to massive technological developments. In the context of technology and national security, territorial rules are irrelevant for three reasons: technology makes consistent and predictable territorial definitions difficult, data often moves in ways unrelated to the interests of users and legislators, and technology makes it easier for public and private actors to circumvent territorial rules, often without detection [12]. Another consequence of technological development is new actors with strong international influence due to globalization, free markets, and technological developments. Of all these actors, the most interesting are multinational companies. They do not operate on a territorial basis, which creates problems of jurisdictional asymmetry, overlap and control rather than of sovereignty in its formal sense [40]. Is sovereignty still relevant for the state? Since the advent of the Internet, the relevance of the nation-state concept has been questioned, and state actors have gradually lost their dominance. The Internet supports many international actors, and technology companies are the most significant. Their domination creates economic, legal, political, and social challenges; thereby, the state tries to regulate technology companies. The authors argue that the state sovereignty is still relevant despite many arguments saying otherwise. The paper explains the relevancy of the state sovereignty by presenting two cases: the General Data Protection Regulation (GDPR) and the New Media Bargaining Code (NMBC). The nation-state demonstrates its sovereignty by the law affecting national companies; thus, showing that the state can restrain the power of technology companies, i.e., state sovereignty is still relevant in the contemporary era.

The offense of violating the legal provisions regarding the conflict of interests in the case of companies with legal personality

At the conflict of interests designates, in the general sense, that situation in which, when making a decision or participating in the deliberation process for making a decision, a person has a personal patrimonial interest that may have influence regarding the objective fulfillment of the duties assigned to him according to the legislation in force.
 Both in European and domestic legislation, when the conflict of interests is regulated, a distinction is made between persons exercising public dignities and offices and persons exercising their duties within companies with legal personality in the private sector. Of course, in the case of persons who exercise certain dignities or public offices, the principle of the supremacy of the public interest must be respected, which is why, in the case of these persons, the legal regime of the conflict of interests is much more restrictive, unlike the case of persons who carry out their activity in the private sector, in which case they receive the interest of the legal entity within which they exercise their duties. In other words, a distinction must be made between conflict of interests in the public domain and conflict of interests in the private domain.
 Considering the particularities and special importance of the legal regime regarding the conflict of interests in the private field, this paper proposes a detailed analysis of the way in which criminal protection is provided to the legal regime regarding the conflict of interests in the case of companies with legal personality. A clarification is made of the notions of incompatibility, indignity and conflict of interests, by highlighting the common characteristics and aspects that differentiate these notions, highlighting the particularities of the way of criminalizing the conflict of interests in the domestic legislation.

Long-Term Regret and Satisfaction With Decision Following Gender-Affirming Mastectomy

There has been increasing legislative interest in regulating gender-affirming surgery, in part due to the concern about decisional regret. The regret rate following gender-affirming surgery is thought to be approximately 1%; however, previous studies relied heavily on ad hoc instruments. To evaluate long-term decisional regret and satisfaction with decision using validated instruments following gender-affirming mastectomy. For this cross-sectional study, a survey of patient-reported outcomes was sent between February 1 and July 31, 2022, to patients who had undergone gender-affirming mastectomy at a US tertiary referral center between January 1, 1990, and February 29, 2020. Decisional regret and satisfaction with decision to undergo gender-affirming mastectomy. Long-term patient-reported outcomes, including the Holmes-Rovner Satisfaction With Decision scale, the Decision Regret Scale, and demographic characteristics, were collected. Additional information was collected via medical record review. Descriptive statistics and univariable analysis using Fisher exact and Wilcoxon rank sum tests were performed to compare responders and nonresponders. A total of 235 patients were deemed eligible for the study, and 139 responded (59.1% response rate). Median age at the time of surgery was 27.1 (IQR, 23.0-33.4) years for responders and 26.4 (IQR, 23.1-32.7) years for nonresponders. Nonresponders (n = 96) had a longer postoperative follow-up period than responders (median follow-up, 4.6 [IQR, 3.1-8.6] vs 3.6 [IQR, 2.7-5.3] years, respectively; P = .002). Nonresponders vs responders also had lower rates of depression (42 [44%] vs 94 [68%]; P < .001) and anxiety (42 [44%] vs 97 [70%]; P < .001). No responders or nonresponders requested or underwent a reversal procedure. The median Satisfaction With Decision Scale score was 5.0 (IQR, 5.0-5.0) on a 5-point scale, with higher scores noting higher satisfaction. The median Decision Regret Scale score was 0.0 (IQR, 0.0-0.0) on a 100-point scale, with lower scores noting lower levels of regret. A univariable regression analysis could not be performed to identify characteristics associated with low satisfaction with decision or high decisional regret due to the lack of variation in these responses. In this cross-sectional survey study, the results of validated survey instruments indicated low rates of decisional regret and high levels of satisfaction with decision following gender-affirming mastectomy. The lack of dissatisfaction and regret impeded the ability to perform a more complex statistical analysis, highlighting the need for condition-specific instruments to assess decisional regret and satisfaction with decision following gender-affirming surgery.

Responsibility for Wrongdoing and Touching It: the Temporal Evolution of the Norms of Domestic Criminal Law

In different periods of the development of the Russian state, the interest of legislators, theorists and practitioners in improving the measures of criminal legal influence on persons involved in crime in general and acts of injustice in particular was not the same. To a large extent, the criminalization of such acts was conditioned by the requirements of vital necessity in combating crimes that affect the priority interests of the State, including the legitimacy of State power, economic security and property rights.&#x0D; The purpose of the study is to determine the historical roots of the formation and evolution of the development of those forms of wrongdoing and touching them that have become the foundation of modern institutions of criminal law: obstruction of justice, harboring of crimes, failure to report a crime, connivance to crimes, criminal liability of legal entities and exemption from liability.&#x0D; The key means and ways to achieve the goal were temporal and comparative legal methods of studying the institutions of criminal responsibility for wrongdoing and touching it in legal sources of the XVXX centuries. Such an approach to the study made it possible in an evolutionary context to present the most clearly the conclusions of the transformation of the architectonics of various institutions of domestic criminal law familiar to our time.&#x0D; Their diachronic development follows from the temporal analysis of acts related to acts of injustice (harboring of crimes, failure to report a crime, connivance to crimes). Firstly, their legal nature has not always been identified with ways to counteract the administration of justice (in its broad sense, not only as the activity of the court, but also officials, individuals and even collective entities (legal entities) obliged to comply with the law, to promote the administration of justice and to execute judicial acts). Secondly, in certain historical periods, acts of wrongdoing and acts of persons touched were considered as encroachments on other public relations protected by law (for example, legitimate institutions of state power and economic security of the state).

Balance of Private and Public Interest Law in Matters of Restricting Human Rights for the Purposes of National Security

The work deals with the issues of determining the balance of private (individual) and public (state) interests in terms of admissibility of limiting human rights and freedoms in cases where it increases or prevents threats to national security. This was the aim of the study, as this issue has become highly relevant because of the growing number of hybrid threats to national security, which can be countered through the introduction of separate restrictions on human rights by the state. The systemic approach, the hermeneutic, and doctrinal approach were used to conclude that almost all constitutions, constitutional acts and constitutional laws of the EU and NATO member states provide for the possibility of restricting human rights. Such restrictions are imposed for the purposes of national security, public necessity or national interests of the state. Moreover, the list of cases where the restrictions on civil rights may be applied in the national security interests in national legislation is often much wider than in international legal acts. This demonstrates the primacy of national interests over individual interests, which is defined by national legislators as the common good at the constitutional level. The lack of detailed cases and models of state response to these processes determines the conclusions on the need to introduce a system of legally determined conditions for the application of restrictive measures. That is why further research should focus on identifying and detailing the criteria for applying measures to restrict civil rights for the purposes of national security at the constitutional level.&#x0D; &#x0D; Received: 15 May 2023 / Accepted: 21 June 2023 / Published: 5 July 2023

Understanding the Impact of EU Prostitution Policies on Sex Workers: A Mixed Study Systematic Review

IntroductionThere is a growing interest in legislation and policies regarding sex work in the European Union and a debate between two opposite perspectives: prostitution is a form of gender violence or a work lacking legal and social recognition. This review aims to develop an integrative synthesis of literature regarding the impact of prostitution policies on sex workers’ health, safety, and living and working conditions across EU member states.MethodsA search conducted at the end of 2020 in bibliographic databases for quantitative, qualitative, and mixed methods peer-reviewed research, and grey literature published between 2000 and 2020 resulted in 1195 initial references eligible for inclusion. After applying the selection criteria, 30 records were included in the review. A basic convergent qualitative meta-integration approach to synthesis and integration was used. The systematic review is registered through PROSPERO (CRD42021236624).ResultsResearch shows multiple impacts on the health, safety, and living and working conditions of sex workers across the EU.ConclusionsEvidence demonstrates that criminalisation and regulation of any form of sex work had negative consequences on sex workers who live in the EU in terms of healthcare, prevalence and risk of contracting HIV and STIs, stigmatisation and discrimination, physical and sexual victimisation, and marginalisation due to marked social inequalities, for both nationals and migrants from outside the EU.Policy ImplicationsThe evidence available makes a strong case for removing any criminal laws and other forms of sanctioning sex workers, clients, and third parties, which are prevalent in the EU, and for decriminalisation. There is a need for structural changes in policing and legislation that focus on labour and legal rights, social and financial inequities, human rights, and stigma and discrimination to protect cis and transgender sex workers and ethnical minorities in greater commitment to reduce sex workers’ social inequalities, exclusion, and lack of institutional support. These measures could also positively impact reducing and monitoring human trafficking and exploitation.

PFAS levels in fish species in the Po River (Italy): New generation PFAS, fish ecological traits and parasitism in the foreground

Per- and polyfluoroalkyl substances (PFAS) are resistant to breakdown and are now considered ubiquitous and concerning contaminants. Although scientific and legislative interest in these compounds has greatly increased in recent decades, our knowledge about their environmental fate and their effects on organisms is still incomplete, especially those of the new generation PFAS. In this study, we analysed the level of PFAS contamination in the fish fauna of the Po River, the most important waterway in Italy, to evaluate the influence of different factors (such as fish ecological traits and parasitism) on the accumulation of 17 PFAS. After solvent extraction and purification, hepatic or intestinal tissues from forty specimens of bleak, channel catfish, and barbel were analysed by liquid chromatography coupled with mass spectrometry (LOQ = 2.5 ng/g w.w.). The prevalent PFAS were perfluorooctane sulfonate (PFOS), present in all samples at the highest concentration (reaching a maximum of 126.4 ng/g and 114.4 ng/g in bleak and channel catfish, respectively), and long-chain perfluoroalkyl carboxylic acids (PFDA and PFUnDA). Perfluorooctanoic acid and new generation PFAS (Gen X and C6O4) were not detected. Comparison of the hepatic contamination between the benthic channel catfish and the pelagic bleak showed similar concentrations of PFOS (p > 0.05) but significantly higher concentrations of other individual PFAS and of the sum of all measured PFAS (p < 0.05) in bleak. No correlation was found between the hepatic level of PFAS and fish size in channel catfish.For the first time, PFAS partitioning in a parasite-fish system was studied: intestinal acanthocephalans accumulated PFOS at lower levels than the intestinal tissue of their host (barbel), in contrast to what has been reported for other pollutants (e.g., metals). The infection state did not significantly alter the level of PFAS accumulation in fish, and acanthocephalans do not appear to be a good bioindicator of PFAS pollution.

Political Campaign Contributions by Oral and Maxillofacial Surgeons Between 2013 and 2022: A Decade of Data

Over the last several decades, health care reform has become a topic of intense political debate. A poll conducted before the 2020 Presidential election demonstrated that health care was a top concern among eligible voters.1 As government policies and legislation have the potential to affect health care access, cost, delivery, and reimbursement, political involvement by physicians has become increasingly relevant.2 Although they are a small subset of the overall population, physicians’ political engagement is crucial for the continued representation of provider (and patient) interests in health care legislation.

Statements of Belief as Political Communication

There is increased interest in legislation that shields some forms of expression not only from the legislature but also from sanctions by powerful private institutions such as social media companies, professional associations, and employers. The Religious Discrimination Bill 2022 (Cth), if passed, would have prohibited ‘qualifying bodies’ from implementing conduct rules that restrict ‘statements of belief’ in their effects. Other provisions of the Bill implicitly provided some protection for ‘religious speech’ within the broader ambit of ‘religious belief or activity’. Using the Religious Discrimination Bill as an example, this paper examines laws that restrict private censure of speech with respect to the implied freedom of political communication. It is argued that laws that limit private censorship of political speech may place a burden upon political communication if they are not constructed in a manner that is ‘viewpoint neutral’. Such laws can thus only be valid if the criteria of ‘compatibility’ and ‘proportionality’ are met (as established in Lange and its progeny). The power imbalance between individuals and large private institutions may warrant limits on private censorship. However, such limits are best framed so as not to discriminate between viewpoints. Laws that protect the expression of particular ideas, such as those based in religious doctrine, must demonstrate a legitimate reason for differential treatment compared to other foundational beliefs.

Resolving the Conflict of Interests Issue within the Laws Concerning the Political Matters: Deliberative Democracy or Empowering Dewan Perwakilan Daerah?

This study examines whether the concept of deliberative democracy could offer a viable solution to the issues surrounding laws on political matters, commonly referred to as Paket Undang-Undang Politik in Indonesia. These laws, including general election regulations, have become problematic due to their close association with the drafters. Over the past two decades, presidents and the majority in the House of Representatives have formed coalitions to maintain government stability. However, this success has had a detrimental impact on the system of checks and balances during the drafting of these laws. While the Constitutional Court could potentially intervene by reviewing these laws, it has often not addressed the conflict of interest issues arising from open legal policies, especially in cases related to reviewing election laws. This paper addresses this issue by proposing a solution integrated into the drafting process to mitigate conflicts of interest in political matters legislation. The proposed approach involves incorporating an additional institution in the drafting process not directly influenced by political interests. In other countries, similar issues are tackled through practical implementations of deliberative democracy, which directly involves citizens as the decisive factor, using methods such as citizen assemblies and deliberative polling. We suggest empowering the Regional Representatives Council could offer a more practical solution to this issue.

Objective-Subjective in Political Economy Communication Conflict within Legislature and Aceh Government

Interest will make someone selective in responding to or living a message. People will only pay attention to stimuli that have to do with their interests. The executive and legislative interests are power. The problem raised is that the achievement of power can be achieved by establishing effective communication. Collapsed communication between the executive and the legislature tends to lead to conflicts in the economy and politics. Based on this phenomenon, the author raises the issue of the occurrence of political economy communication conflicts between the two regional institutions. This research was conducted in Aceh, the approach used was qualitative using objective-subjective barrier theory, conflict theory, communication, communication conflict, and political economy. This study aims to determine the problems that arise in the political economy conflict. This research was conducted using observation and interview techniques. Furthermore, the data were analyzed descriptively. The results of this study are: prejudice is a factor in communication conflict. The lack of transparency and the governor's reluctance to sit down with members of the Aceh legislature to discuss regional and financial policies are considered by the council as a strategy by the governor to take advantage of the unilateral use of the budget.

The US Congress and the Issue of Beginning the Iraq War: the Kurdish Factor in 2002-2003

The political discussions in the US Congress on the start of the war in Iraq and the fate of the Kurdish minority in this country are being explored. The arguments of supporters and opponents of the war in Iraq are analyzed through the prism of the Kurdish factor based on the transcripts of the US Congress, as well as materials from hearings in the Senate Foreign Relations Committee. It emphasizes the insignificance of the Kurdish issue in the initial period of discussion (the discussion on giving the US President the right to start military operations in Iraq), and the growing interest of legislators in the fate of the Kurdish population in January-March 2003. It is concluded that for the supporters of the invasion the Kurdish factor became the main one and the stake was placed on the need to overthrow Saddam Hussein because of his cruel attitude towards his own people, and in the camp of the opponents of the war the stake is placed on the thesis that the fate of the Kurds was known in 1980s but no one then decided to provide them with military support. The problem of double standards in American foreign policy towards both the Kurds, US allies in the region, and Saddam Hussein was first identified by the US Congress in 2003.

Who supports MO private school choice? Evidence from likely voters in Missouri

In the first half of 2021, 33 states considered new private school choice legislation. Despite this legislative interest, public opinion on private school choice remains varied. In this paper, we examine voter support for private school choice in Missouri, a politically conservative state that lacked a private school choice program until 2021. We conduct a survey experiment to gauge support for the expansion of private school choice to religious schools, assess preferences for universal or targeted student access, and explore opinions regarding the regulation of participating private schools. We find voters are significantly less likely to support voucher expansion when primed to consider that vouchers could be used at religiously affiliated schools. Political ideology, racial identity, college exposure, and family income are significant predictors of voucher support. Regulation support varies widely, with the strongest support for adherence to state testing requirements and the lowest support for waiving admissions requirements for voucher students. We conclude by discussing the implications of our findings for Missouri’s recently passed private school choice program, particularly by considering ways in which political compromise may be reached to implement the program in a manner conscious of heterogeneous voter preferences.