Law Amendment Research Articles

Implementation of the international standard for the automatic exchange of information on financial accounts: implications for financial monitoring entities

Problem setting. From July 1, 2023, in accordance with the Law of Ukraine "On Amendments to the Tax Code of Ukraine and other legislative acts of Ukraine regarding the implementation of the international standard of automatic exchange of information on financial accounts" dated March 20, 2023 No. 2970-IX financial institutions of Ukraine, including subjects of primary financial monitoring, are obliged to carry out due diligence measures on financial accounts to determine whether such accounts are accountable, and subsequently submit a report to the State Tax Service of Ukraine on accountable accounts. Тhe introduction by Law No. 2970-IX of amendments to the Tax Code of Ukraine and other legislative acts of Ukraine provides for the implementation of the specified standards, the transformation of national legislation for their application, etc. Purpose of research is determining the consequences of such implementation on the financial monitoring system in Ukraine in general and on the activities of primary financial monitoring entities in particular. Аnalysis of recent researches and publications. The issue of financial monitoring is studied by scientists of various fields, both science (legal, economic, criminological) and law, from financial, tax, economic to administrative, criminal and criminal procedural law. Such a discrepancy is caused by the broad subject (object) of relations, the number of subjects of these relations, and the method of their regulation (imperative). Financial monitoring is studied both as an activity of state authorities (subjects of state financial monitoring) along with the activities of private organizations/institutions (subjects of primary financial monitoring), and as a way of combating crime. Аrticle’s main body. The article is devoted to the study of the reasons and prerequisites for Ukraine's implementation of the international standard for the exchange of information on financial accounts. The author uses classical empirical (description), general logical (analysis and synthesis) methods of scientific knowledge and special methods of studying law (formal legal and logical legal methods). This study chronologically traces Ukraine's path to the implementation of the international standard for the exchange of information on financial accounts. In addition, the literature of other scholars on the issue of financial monitoring and the international standard for the exchange of information on financial accounts was analyzed. The authors have analyzed legislative changes to the Tax Code of Ukraine and other legislative acts on the implementation of the international standard for the exchange of information on financial accounts. In the process of analyzing and synthesizing legislative changes regarding the implementation of the international standard for the exchange of information on financial accounts, the researchers identified the most significant ones and briefly noted them. The highlighted legislative innovations were aimed at illustrating the role of primary financial monitoring entities in the process of such automatic exchange of information on financial accounts between the competent authorities. Conclusions and prospects for the development. An important outcome of this article is the establishment of consequences for the subjects of primary financial monitoring. These are an increase in the scope of functions of the primary financial monitoring entities and a slight expansion of the subject composition of the primary financial monitoring entities. In addition, it is worth paying attention to the allocation of a new separate object of financial monitoring - accountable financial accounts. Ukraine's implementation of the international standard for the automatic exchange of information on financial accounts entails a number of consequences: legislative changes, including the issuance of subordinate regulatory legal acts for the implementation of amended laws; preparation of executive authorities for the practical application of such changes (organization of conducting and monitoring the results of audits of financial accounts, submission of reports and, accordingly, further exchange of such information by the State Tax Service of Ukraine with foreign tax authorities, etc.); practical implementation of the specified changes by the State Tax Service of Ukraine, financial agents, including subjects of primary financial monitoring; analysis of the first practical results, etc.

“I don't think I can help you anymore.” Sex workers' experiences of accessing mental health services in Ireland

AbstractThis paper is based on a study funded by the National Office for Suicide Prevention (NOSP), exploring sex worker mental health through a qualitative study of eighteen sex workers living and working in the Republic of Ireland and with participants from service provider organizations. This paper utilizes and adapts the concept of minority stress to explain how it is the social world that contributes to difficulties in managing mental health, not just for the LGBTQ+ community but explicitly for sex workers, through intersectional stigma and discrimination. Ireland introduced the Criminal Law Amendment Act (2017) based on the Nordic model of client criminalization, which sought to prosecute those that purchase sex while reducing the legal culpability of sex workers. The paper explores how the mental health of sex workers living and working under the law is impacted and the difficulties negotiating access to mental health services once participants disclose their sex work.

정당현수막 설치ㆍ관리 사무와 관련된 조례의 적법 여부

The Constitution guarantees comprehensive autonomy for local governments, which includes the assurance of autonomous affairs. However, this constitutional value of guaranteeing autonomous affairs is often threatened by the distribution and management of duties centered around state affairs. In 2022, the National Assembly amended the “ACT ON THE MANAGEMENT OF OUTDOOR ADVERTISEMENTS AND PROMOTION OF OUTDOOR ADVERTISEMENT INDUSTRY” exempting regulations on party banners. If this amendment intends to separate the affairs related to the installation and management of party banners from the installation and management of the other outdoor advertisements, which fall under autonomous affairs, and classify them as state affairs, it becomes an example of threatening the guarantee of autonomous affairs. This study aims to review the classification system of affairs under LOCAL AUTONOMY ACT by analyzing a Supreme Court ruling that has highlighted this issue and to emphasize the importance of guaranteeing autonomous affairs. It is neither difficult to establish special provisions that limit the scope or effectiveness of autonomous affairs through legal amendments, nor is it impossible to strip autonomous affairs and convert them into state affairs. In such a situation where there is a threat to autonomous affairs, when amending laws related to autonomous affairs, it is necessary to ensure that the nature of autonomous affairs is maintained, and the interpretation of such amended laws should also aim to preserve the nature of autonomous affairs as much as possible.

Zmiany w systemach wyborczych państw Europy Środkowej i Wschodniej

Attention should be paid to the constant changes in electoral law in the discussed group of countries. They included the following elements of electoral law: replacement of the hybrid (mixed) system with a proportional system (Bulgaria in 1991), changes in the vote recount formula (Romania in 1992, Czech Republic in 2000), changes in the structure of electoral districts (Hungary in 2011, Bulgaria in 2001, Czech Republic in 2000 and 2002, Slovakia in 1998). Barrier clauses for individual groups and, especially for electoral coalitions, were frequently changed. A special case was the amendment of the electoral law in the Czech Republic in 2000 and in the Slovak Republic in 1998, which ended with rulings of the Constitutional Court (in 1999 in Slovakia and 2001 in the Czech Republic, respectively). Changes in electoral law – almost always – took place in the course of a fight between the parties. In the Czech case in 2000, the Slovak case in 1998 and the Hungarian case in 2011, they were carried out to hinder the alternation of power in the country.

Anti-Corruption Efforts in Regional Police Departments: The Role of Regional Inspectorate Supervision Based on Justice Values

This study explores how effective oversight can enhance the utilization of state apparatus for achieving good and clean governance, specifically focusing on the role of regional inspectorates in preventing corruption within regional police departments. The study aims to: 1) analyze why current regulations regarding the regional inspectorate's role in corruption prevention are not based on justice values; 2) identify challenges in these regulations; and 3) propose a reconstruction of the regulations to align with justice values. Using a constructivist paradigm, a socio-legal approach, and descriptive research methods, the study relies on secondary data sources, including primary, secondary, and tertiary legal materials. Data collection is conducted through a literature review, and qualitative analysis is employed for data interpretation. The findings reveal that the current regulation is not justice-aligned due to the supervisory function of the Regional Inspectorate (Itwasda) being under the authority of the Regional Police Chief (Kapolda), rather than the National Police Chief (Kapolri). This structure limits the effectiveness of oversight and suggests the need for a direct reporting line to National Police Chief. Challenges in the existing framework include a lack of specific legal guidelines governing the inspectorate's role in corruption prevention and insufficient synergy between organizational sections and Supervision Inspectorate. Furthermore, there is a cultural reluctance to report corruption. The study proposes reconstructing the regulation to ensure a justice-based framework, including normative revisions to relevant laws and regulations, such as Law No. 20 of 2001 on the Amendment of Law No. 31 of 1999 on Corruption Eradication, and Indonesian National Police Regulation No. 14 of 2018. This reconstruction aims to establish a clearer, more effective oversight mechanism that enhances the inspectorate's role in corruption prevention.

The acoustemology of Hong Kong in protest: a sonic understanding of the Anti-Extradition Law Amendment Bill Movement

ABSTRACT This paper attempts to construct a sonic understanding of the recent past of Hong Kong in protest. By utilizing and extending Steven Feld’s framework of acoustemology, I examine the sonic events during protests and identify sounds in the cultural system understood among the inhabitants. I conducted a digital archival search of newspaper articles and created a dataset of the events sounding ‘Glory to Hong Kong’ during the Anti-Extradition Law Amendment Bill Movement. I explore three aspects: the participants, the space where the protest activities took place, and the sound generated and/or sounded in the activities. By demonstrating the interrelationality of them, I argue that sounds are able to reveal and (re-)claim spaces, establish a relationship between humans and space, bring an understanding of Hong Kong, and construct ‘Hong Kong,’ via collective sounding in protests and daily activities across time. This is the acoustemology of Hong Kong in protest.

Recent Amendment of Japanese Arbitration Law: A Bright Future Waiting for Japan?

With its 2023 Amendment, Japanese arbitration law has caught up with the global standard by primarily following the 2006 UNCITRAL Model Law. It is now clear what types of interim measures an arbitral tribunal seated in Japan may grant and under what circumstances it may do so. It is likewise now clear that orders for interim measures by arbitral tribunals will be enforceable in Japan. It is notable that, in certain circumstances, a Japanese court may grant a penalty payment order to enforce an arbitral tribunal’s order for interim measures. Undoubtedly, the amendment improves the effectiveness of international commercial arbitration in Japan. However, the means of enforcing interim measures issued by arbitral tribunals under Japanese law are limited. Arbitration users are, therefore, welladvised to consider seeking supporting measures from a national court. The 2023 Amendment will make Japan more attractive as a seat of arbitration. With the present reforms, Japanese arbitration stands a better chance of meeting the challenges of becoming a preferred arbitration seat in the face of stiff competition from other jurisdictions.

The Basic Education Laws Amendment Bill: A case study in transformative constitutionalism beyond the courts

The Basic Education Laws Amendment Bill: A case study in transformative constitutionalism beyond the courts

Study of Misapplication on the Law by the Notary Regional Supervisory Council in Imposing Sanctions on Notaries Who Make Deeds

Purpose:The result is that the MPWN decision must be appealed to someone other than the Central Supervisory Board. Because there is a rule in Article 28 paragraph (2) of PERMENKUMHAM number 15 of 2020, namely MPW has the authority to reject objections to decisions on oral warning sanctions and written warnings, in this case, the oral warning sanctions and written warnings are final and cannot be appealed.Methodology:This research is a descriptive analysis. Namely, the discussion is done by presenting and explaining data thoroughly, in detail and systematically. This type of research is normative legal research, a legal research method that examines library materials.Findings:The result is that the MPWN decision must be appealed to someone other than the Central Supervisory Board. Because there is a rule in Article 28 paragraph (2) of PERMENKUMHAM number 15 of 2020, namely MPW has the authority to reject objections to decisions on oral warning sanctions and written warnings, in this case, the oral warning sanctions and written warnings are final and cannot be appealed.Implication:However, with the law on judicial power and the law on administrative court, the party who objected can file a legal remedy in Administrative Justice. The MPWN decision can be subject to State Administration, and the proper application of the law is outlined in Article 17, paragraph (2) of the amendment law. As a supervisor, the MPWN must remain objective and thorough to prevent errors in the application of the law from recurring.

Field Research on Corruption in Private Enterprise -- Taking the "Criminal Law Amendment (12)" as an Opportunity

For a long time, the governance strategy of corruption crimes in private enterprises has been mainly based on norms and ignoring facts, which may lead to poor governance of related crimes. In terms of the governance of corruption crimes within private enterprises, the characteristics of enterprise management mode, organizational structure, and form of power distribution are ignored, which may limit the protective function of the criminal law, and even cause problems such as excessive involvement of the criminal law and abuse of rights. In terms of bribery prevention, failure to fully consider the complex forms of bribery may lead to those enterprises and their households that are still worth saving may be mired in litigation, which will further lead to negative social effects. Based on the complex reality of China's private enterprises, a localized and comprehensive corruption crime governance strategy should be put forward from the perspective of enterprises and their households.

Perspectives for Developing the Jurisdictions and Procedures of the Jordanian Administrative Judiciary: A Critical & Comparative Study

Objective: This study's objective is to reorganise the rules of jurisdiction of the Jordanian administrative judiciary and the procedures related to it by following the critical and analytical approach to the provisions of the effective Jordanian Administrative Judiciary Law No. 27 of 2014. Method: This research is based on collecting information from two primary sources. The first source is the collection of information and observations of Jordanian Jurists and others related to the (JAJL), which came in the form of criticisms directed at this law through websites. The second source of information gathering – which is no less important than the first – is the amended Law of the Egyptian Council of State No. 47 of 1972, through which we were able to believe in the basic points that must be amended in the (JAJL) in question to ensure the achievement of the public interest and the protection of individual rights. Results and conclusion: The study reached some conclusions and suggested recommendations, the most important of which is: The fact that achieving the advantage of litigation on two levels in the Jordanian Administrative Judiciary Law does not achieve social justice and protect the rights of individuals as it should unless it requires the specialisation of judges in the administrative field.

The Criminal Acts of Corruption as Extraordinary Crimes in Indonesia

Corruption in Indonesia Law is almost present throughout the Law of the government, h at the central and regional levels. Although there are various disagreeing parties of corruption classified as extraordinary crimrally argue that corruption in Indonesia can be categorized as an e,xtraordinary crime because it is organized, systemic, a,nd has been looting so that it can negatively impact economic growth, legal enforcement, and national security stability. Therefore, to combat corruption crimes in Indonesia, the government has issued No. 31 of 1999 and No. 20 of 2001 on the eradication of corruption crimes as a legal basis for the eradication of corruption in Indonesia. However, with the issuance of Law No. 19 of 2019 for the amendment of Law No. 30 of 2002 on the Eradication Commission, various legal experts have assessed that corruption crimes in Indonesia can no longer be classified as extraordinary crimes because some of the extraordinary powers that KPK has as the spearhead of corruption eradication in Indonesia have been eliminated

법학 연구 방법 이대로 좋은가?

Law is one of the social sciences and a field that citizens most frequently encounter in their daily lives. Despite this, legal research methods are primarily limited to literature reviews, and it is challenging to find quantitative research methods such as surveys that meticulously capture and reflect the thoughts, opinions, and intentions of the public. Legal scholars may believe that their thoughts and opinions sufficiently represent those of the public, but this can be considered intellectual arrogance. Since the overall thoughts and opinions of the public are constantly changing, laws must be created or interpreted based on frequent and comprehensive understanding of these changes. Only then will the public accept and respect the law. Of course, introducing surveys as a legal research method does not mean that all legal issues can be resolved solely based on survey results. Adjustments must be made considering the specialized theories of law and fairness with other issues. However, the current research methods that do not reflect the public's opinions at all must be improved. For this to happen, scholars and practitioners of law need to explain legal terms in simple and clear language so that the general public can understand them. Then, they should ask the public for their opinions on these explanations. Additionally, law must be approached and understood as a field accessible to everyone. The current research methods, which make law seem inaccessible to the general public through complex and difficult terminology and explanations, are both arrogant and inefficient. Legal research methods need to become more democratic and open. The public should be able to think and deliberate on legal issues so that the law can be democratic, reasonable, and truly authoritative. This way, the law can become more approachable, gaining trust and acceptance from the public. Moreover, the introduction of surveys in legal research goes beyond merely collecting public opinions; it can serve as a crucial means of developing law as a ‘science.’ Surveys systematically collect and analyze the opinions and experiences of various social groups, providing empirical evidence for legal research. This significantly contributes to enhancing the validity and acceptability of the law. Quantitative data obtained through surveys play a critical role in analyzing the correlations and causalities between social phenomena. These data, combined with advanced statistical techniques, can offer precise interpretations of social phenomena. For example, statistically analyzing the impact of a specific law after its enactment can evaluate the law's effectiveness. This approach goes beyond mere textual or theoretical analysis, enabling a concrete understanding of the law's role and impact through actual social outcomes. Even though law has normative characteristics, these norms must be based on reality, requiring the reflection of the public's actual thoughts and behaviors. Surveys allow legal scholars to verify abstract theories within concrete and realistic contexts. By collecting and analyzing diverse public opinions, legal research can yield more objective and reliable results. This process aids in making more reasonable and fair decisions during the enactment, amendment, interpretation, and application of laws. For instance, by investigating public perceptions of actions on the boundary between crime and non-crime, the alignment of legal norms with reality can be evaluated. Additionally, surveys are essential for understanding the various issues addressed by law within social and cultural contexts. By systematically collecting and analyzing public opinions, legal research can adopt a more comprehensive and multifaceted perspective. This enables the law to respond more sensitively to social changes and demands, enhancing its legitimacy and effectiveness. Consequently, surveys can play a vital role in developing law into a more scientific disci

Health Care & Insurance Sector

Health insurance is an important pathway in order to achieve mass health care facilities of the citizens of our country. The catastrophic effect of health care spending is not limited to the poor, it also impacts all segments of the population. Health insurance not only protects the insured from an unanticipated medical expenditure but also provides individual’s saving and also income tax advantages. Health insurance is now recognized as one of the most emergent health care system in our country. Establishment of IRDA is a giant step to regulate the insurance companies. The Insurance Laws (Amendment) Act 2015 has recognized health insurance as a separate class of business. Hospitals are collaborating with the insurance companies in order to provide medical services for their customers in times of their financial difficulties.

CYBER CRIME CYBERSTALKING THROUGH THE CYBER LAW FORENSIC SCIENCE AND CRIMINAL INVESTIGATION

As it is well known, the usage of the internet and mobile phones has entirely turned this world into a virtual one. In this virtual setting, Pandemic 2020 offers a fresh viewpoint on human existence. IT now serves as a crucial organ for survival. Not only has information technology expanded the sphere of development, but it has also turned into an axis for global development. People may quickly and easily access a variety of information in the virtual world. However, everything has two sides, just like a coin, and the development of information technology has sped up the growth of cybercrime everywhere. Cyber stalking is the act of following someone using a computer or other device connected to one, which can instil terror in the victim. A relatively modern form of cybercrime is cyber stalking. The study focuses about the meaning, nature, typology and history of cyber stalking.. This thesis compares the law relating to cyber stalking in India with different foreign countries. This thesis also discussed about the reported cases of cyber stalking from 2017-2020 as per the data of NCRB. Reason and effect of cyber staling has also been discussed in this study. Scholar suggests that there is the need of amendment of current laws specifically for the gender neutral laws and law which add the issues of international jurisdiction. Study also suggest that self-awareness is also needed for safeguard ourselves from such crimes. Digital technology is encompassing in all walks of life, all over the world and has brought the real meaning of globalization. At the one end cyber system provides opportunities to communicate and at the other end some individuals or community exploit its power for criminal purposes. Criminals exploit the Internet and other network communications which are international in scope. Situation is alarming; Cybercrime is an upcoming and is talk of the town in every field of the society/system. Theoretically and practically this is a new subject for researchers and is growing exponentially. Lot of work has been done and endless has to be go because the invention or up gradation of new technology leads to the technical crime i.e. the digital or we can say the cybercrime or e-crime. This is because every day a new technique is being developed for doing the cybercrime and many times, we are not having the proper investigating method/model/technique to tackle that newly cybercrime. Cybercrime is a criminal activity in which computers or computer networks are used as a tool, a target, or a place of criminal activity and includes everything from electronic cracking to denial of service attacks. It is also used to include traditional crimes in which computers or networks are used to enable the illicit activity.

Understanding the Implications of Marriage Law Amendments: Marriage Dispensation Cases in Indonesian Religious Courts

Understanding the Implications of Marriage Law Amendments: Marriage Dispensation Cases in Indonesian Religious Courts

Legal Adaptability: Analyzing the Impact of China's 2023 Corporate Law on International Corporate Governance

Exploring the significant evolution of corporate law in China, with a focus on the landmark 2023 Corporate Law amendment, set against the backdrop of the nation's expanding role in global commerce. Analyzing the implications of these legal reforms on corporate governance and transparency, particularly for multinational corporations operating within China, the world's second-largest economy. Building on the foundational reforms of 2014, which marked a shift towards international standards and economic modernization, the 2023 amendment is examined as a continuation and enhancement of these earlier changes. By utilizing case study and normative analysis methods, this analysis systematically explores the enhancements made to the registered capital subscription system, improvements in the corporate governance structure, and the introduction of stronger mechanisms for worker democratic management resulting from the 2023 reforms. These amendments are a response to the growing demand for legal frameworks that are more aligned with international market requirements. Aiming to improve legal flexibility, protect shareholder rights, and enhance the quality of information disclosure. The conclusion of the research emphasizes how the 2023 amendments have reinforced the effectiveness of the 2014 reforms and contributed to creating a strong legal environment that supports sustainable growth and global competitiveness for Chinese corporations.

Fragmentation of Application of the Personal Law of a Legal Entity in the light of the Amended Law on International Companies

The new version of Federal Law No. 290‑FZ dated 03.08.2018 «On International Companies and International Foundations» adopted in August 2023 confirms the relevance of finding ways to regulate companies incorporated in the Russian Federation. The domestic approach has no analogues because under the Russian doctrine a foreign company can move not only with its rights and obligations, but also with its corporate law. Is it possible to call the foreign law applicable in this way a personal law? Why does the law on international companies not follow the logic of the Civil Code of the Russian Federation and does not directly indicate the application of foreign law to international companies and international foundations as a personal law? Can a foreign law partially encroach on the territory of the application of personal law? Is the personal law uniform and indivisible? To answer these questions, the paper analyzes the key characteristics, as well as the novelties of the institute of personal law in relation to international companies, problems arising in this area and ways to solve them. The author concludes that with the globalization of corporate relations, the fragmentation of the scope of personal law will continue. This actualizes the problem of finding mechanisms for the «seamless» application of the norms of different states in the field of application of personal law. The author emphasizes that legislation on international companies can become a regulatory sandbox and contribute to the inclusion of the most modern and effective institutions and approaches in Russian corporate law. Proposed in the paper amendments to the Civil Code of the Russian Federation and Law No. 290‑FZ preserve the logic of current regulation and reduce the uncertainty of regulation in the field of application of the personal law of an international company, the risks of subsequent changes in legislation for participants in international companies, as well as the likelihood of conflicts in the case of reference to foreign law.

Colonial-Imposed Slavery and African Abolitionism: The Early Twentieth- Century Lagos Elites’ Campaign Against the Native House Rule Ordinance

ABSTRACT This article examines the efforts of early-twentieth-century abolitionists in Lagos, Nigeria who campaigned against the Native House Rule Ordinance/Proclamation, a colonial law perceived as perpetuating indigenous slavery in the Niger Delta region. The study enriches the corpus of African abolitionist literature by revealing how a network of Lagos elites employed a strategic top-down approach to advocate for the law's repeal, which they believed sustained a form of slavery instituted by British colonialism. The research utilizes an extensive range of primary sources, including local Nigerian newspaper publications, correspondence, petitions, and archival documents from both Nigerian and British repositories. The paper contextualizes the Native House Rule system, explores the Lagos campaigners’ strategies and arguments against the ordinance, and discusses the law's amendment and eventual repeal. Through detailed case studies and the examination of African-led initiatives, the study acknowledges the previously understated contributions of African activists, thereby rectifying a significant oversight in historical literature. This paper underscores the importance of recognizing indigenous agency in historical narratives, particularly in the context of abolition and resistance to colonial policies.

Navigating gender hate in manospheres: women’s affective dissonance and refusal on LIHKG in the 2019 Hong Kong anti-extradition bill movement

Abstract This article examines women’s dissonance and refusal of gender hate on LIHKG, a platform converged with local and Global North manospheres that gained prominence for political communication during Hong Kong’s Anti-Extradition Law Amendment Bill movement. Despite criticism for its misogyny, LIHKG witnessed women’s participation during the movement. However, women’s agencies are underexplored by its critics and studies on the manosphere. This study argues that acknowledging dissonance within manospheres redirects focus on the targets of gender hate, specifically women, accentuating the possibilities of feminist intervention within gender hate networks. Employing a digital ethnographic approach, this study contributes by: (1) providing a relational and contextualized understanding of the convergence between manospheres beyond the notion of homogenization; (2) redressing the injustice in hate which obliterates the hated bodies; and (3) breaking the unintended repetition of such injustice in the literature on the manosphere, which has paid little attention on the repugnant women’s agencies.