Legal Control Research Articles

The Regulation of Genetically Modified Food in China

The Regulation of Genetically Modified Food in China

The Concept and Essence of Administrative and Legal Protection of Tax Relations

The concept and essence of administrative and legal protection of tax relations have been considered. It has been emphasized that the study of general theoretical ideas about the correlation between the concepts of legal security and legal protection will contribute to solving the tasks of the research. The provisions on the correlation of legal security and legal protection in the whole and as a part have been supported. The author has established peculiarities of administrative and legal protection compared with other types of legal protection of public relations: such activity is carried out by public administration agencies through administrative and legal means, including coercive ones. The essential components of administrative and legal protection, which should form the basis of its definition, include: prevention of negative phenomena; detection of possible violations; overcoming harmful consequences (restoration of violated rights); maintaining stable legal relations; prosecuting persons who encroach on the protected object.
 The author has emphasized on the peculiarities of the purpose of using the means of administrative and legal protection of tax relations – protection of public interests in the field of taxation, as an organic and balanced combination of public and private interests, the satisfaction of which contributes to the sustainable development of society.
 It has been found out that the content of administrative protection of a particular object is revealed through its means and measures. The analysis of sectoral studies has allowed to establish the following feature of administrative and legal protection measures: they are carried out by means of service nature, the list of which differs depending on the object of administrative legal protection, control and supervision, as well as by applying measures of administrative coercion.
 The need for a two-vector consideration of administrative and legal protection means has been emphasized: their impact is directed both on the taxpayer and on the controlling agencies (revenue and fees agencies).

Administrative factual conduct: Legal effects and judicial control in EU law

This article analyses the legal effects and avenues for judicial control over the factual conduct of EU administrative authorities. It posits that the uncertainty that characterises the justiciability of Union's factual conduct conceals a conceptual obscurity surrounding acts and their effects in EU law. Legal and physical acts are both means for exercising public power. To the extent that all manifestations of public power must adhere to the applicable legal requirements, the EU administration remains judicially accountable where its conduct, irrespective of how it manifests itself, has an impact on the rights and obligations of persons. The article presents an analytical framework that aims to translate the language of legal effects to a language of EU rights and obligations and vice versa. Moreover, it contextualises this inquiry within a broader threefold uncertainty that characterises EU law and illustrates the increasing significance of physical acts in the Union's multi-layered administrative practice.

WOMANHOOD AND NO PREGNANCY CLAUSES

A non-pregnancy clause ("NPC"), or a clause prohibiting pregnancy, is usually found in labor contracts and states that a breach of the clause would lead to termination of the employment relationship. Although they are gender-neutral, these clauses obviously apply only to women. This article aims to identify whether such clauses in film contracts will withstand legal control in India. One thing that significantly distinguishes women from men is that only women become pregnant; and if she subjected a woman to unfavorable treatment based on her pregnancy, she would be denied equal treatment under the law.

Principles and Challenges of a European Doctrine of Systemic Deficiencies

European constitutionalism is facing the decision whether it comprises illiberal democracies or whether it fights them. This article explores the latter path, which might lead to a ‘tyranny of values’: a defence of values that destroys the very values it aims to protect. It first explores the constitutional horizon of the question of whether one should intervene at all. The article then expounds the expression systemic deficiency as a legal key concept that informs all systemic deficiencies instruments, developing it from the interrelatedness of the legal orders of the European legal space. Such instruments must be coordinated, effective, and, not least, legitimate to avoid a tyranny of values. For this purpose, the third step develops a legal frame for pertinent instruments of European law, Member States’ law and international law, consisting of the building blocks legal basis, procedure, standards, and control.

Legal Control over Big Data Criminal Investigation

The rapid growth of big data technology has become a major trend affecting the pattern of world development. Big data criminal investigation is a new type of criminal detection used extensively in the course of police practice at home and abroad. Its emergence indicates a trend in criminal justice towards ensuring security at the expense of privacy and exchanging rights for information. Big data criminal investigation highlights the backwardness and dysfunction of the traditional framework of legal norms, evident in doubts about the legal attributes of such investigation and the obvious limitations of techniques for distinguishing data content from metadata. This leaves a vacuum in the regulation of investigative power at the preliminary stage of investigation. Big data criminal investigation itself is a double-edge sword; in order to forestall the possible abuses it may entail in terms of deep and broad interventions in basic civil rights, big data criminal investigation should be brought under the necessary legal control. We therefore propose adopting a dual regulatory approach comprising investigative and data norms, selectively adopting the traditional normative framework of the principle of legality and the principle of proportionality, and at the same time supplementing it with other legal principles and mechanisms concerning the protection of personal information and data.

Isolating Speculative Data to Prevent Transient Execution Attacks

Hardware security has recently re-surfaced as a first-order concern to the confidentiality protections of computing systems. Meltdown and Spectre introduced a new class of exploits that leverage transient state as an attack surface and have revealed fundamental security vulnerabilities of speculative execution in high-performance processors. These attacks derive benefit from the fact that programs may speculatively execute instructions outside their legal control flows. This insight is then utilized for gaining access to restricted data and exfiltrating it by means of a covert channel. This study presents a microarchitectural mitigation technique for shielding transient state from covert channels during speculative execution. Unlike prior work that has focused on closing individual covert channels used to leak sensitive information, this approach prevents the use of speculative data by downstream instructions until doing so is determined to be safe. This prevents transient execution attacks at a cost of 18 percent average performance degradation.

Legal Document Control one of Basic Conditions to Protect and Ensure Human Right

The article has analyzed the significance of legal document control, which is considered one of basic conditions to protect, ensure all human rights, freedom and constitutional, legitimate interests. Although, the Vietnamese legal system is more and more complete, there are limitations on legal document control. The article has showed clearly the negative influences of inappropriate legal regulations on human rights and interests. On that basis, the article has referred basic rules of legal document control aspect: The control of constitutionality, lawfulness and rationality in all periods of legal document formulation process.
 Keywords: Legal supervision, supervision of legal documents, mechanisms for supervising legal (normative) documents, constitutionality, legitimacy, profitability.

Core versus Non-Core Terms and Legal Controls over Consumer Contract Terms: (Bad) Lessons from Europe?

Abstract Not all contract terms pose the same perils for efficient contracting and for consumer welfare. EU Law and the laws of many Member States make a distinction between core and non-core contract terms and tend to exempt the former from the ex-post substantive unfairness review to which the latter are subject to. By reviewing how the CJEU and European legal commentators have justified and construed the terms of Art. 4(2) of Directive 93/13 we may obtain a general picture of the analytical underpinnings deployed to provide useful content to that provision. The prevailing European approach is (unsurprisingly, perhaps) predominantly legalistic and uninterested in empirics. The CJEU analysis remains (unsurprisingly, perhaps) immune to the implications from the theoretical and empirical literature that economics and Law & Economics has produced in order to understand how market forces and other non-legal incentives for contract quality interact with ex post controls implemented by courts and based on broad legal standards. The ALI Restatement on Consumer Contracts may cogently make use of that input in crafting a less formalistic legal regime.

A trust-based perspective on French political economy: law and corporate control in corporate governance reform

With reference to French corporate governance reform, this study presents a trust-based argument to explain why laws and corporate controls still maintain the exception francaise despite a substantial shift towards the American shareholder-oriented model. The trust-based perspective draws on the characteristic form of trust in French political economy: personal-centred but relatively low levels of trust that are nurtured through social hierarchies, less porous elite networks, and conflictual industrial relations. Analysing the legal changes and control modes in large French firms since the mid-1990s, this study argues that the characteristic form of trust in the French political economy helped to maintain conventional French laws and corporate controls, such as double voting rights and state influence. In contrast to economic or political perspectives, which emphasise the outcomes of changes to corporate governance, a trust-based perspective sheds light on the societal causes of a path-dependent trajectory in a changing political economy.

LEGAL REGULATION OF GMO CULTIVATION IN THE EU COUNTRIES AND GERMANY

The subject of research in this article is legislation of EU in the field of cultivation, usage,appliance etc. of GMO products, as well as creation of the national legislation principles in Germany based on all-European principles. According to the results of the research it`s stated that German legislation contains stricter requirements to the GMO cultivation and establishes responsibility for the damage, which was caused by GMO products. Herewith the social unions of Germanyplay one of the main roles in the legal regulation and control.

Legal Pluralism and Militia Regulation: International, Domestic, and Community Accountability Frameworks for Sub-State Forces in Afghanistan

This article will examine how three different accountability and regulatory regimes apply to one of the most difficult areas to regulate – the conduct of local armed groups and militias. In Afghanistan, experiments with legal pluralism and the strong international presence have led to a layered accountability approach, with efforts to apply Afghan state, community-based, and international or foreign-law based accountability mechanisms to the largest and most long-standing community defense force model, the Afghan Local Police (ALP). There have been greater attempts to apply all three frameworks to ALP not only because of its size and longevity (active from 2010 and in 34 provinces), but also because it has been a lightning rod for criticism, with allegations of abuse continually prompting efforts to develop accountability measures and prevent future abuses. All three mechanisms have struggled to address these allegations, in part due to lack of political will and poor application of legal controls, but also in part due to some of the structural and practical difficulties of attempting to extend legal accountability to armed actors with grater sway (by virtue of their local power and control of force) than the rule of law.

SUPERVISION AND CONTROL OF BUSINESS SUBJECTS IN THE CONTEXT OF THE SYSTEM CONSTRUCTION OF ANTI-CORRUPTION MECHANISM

Goal: to identify, in the context of creating a theoretical and methodological framework for improving the legal control of economic activity, its problems, and formulation of corresponding specific constructive proposals. Methods: when writing the article, general scientific methods of research were used. Results: supervision and control are more effective in reaching their goals, are better, more transparent and more understandable to all, if they act in isolation, personally, autonomously and in a coherent, systematic way with other control and management bodies when this interaction is regulated, regulated. There should be systematically regulated and regulated procedures for the implementation of each of the above-mentioned functions with an attachment to the performers of each stage of supervision and control. It is advisable to create a state anti-corruption mechanism in the legislative framework, in the center of which would be such functions as supervision and control. Under the anticorruption mechanism we will understand the totality of supervisory and control bodies, as well as technologies for the implementation of these functions. Discussion: systemic linking (at the level of linking «inputs» and «outputs») of the activities of organs, organizations, private individuals, who are now acting personally, autonomously, is one unit that aims to neutralize corruption. To resolve the issues, the concept of the creation and maintenance of the state anti-corruption mechanism was proposed.

채팅어플리케이션을 통한 성매매방지를 위한 법률적 규제방안

These days, access to cyber space has been greatly improved to have relation with practical use of cyber crime. Mobile device and its application play an important role. Widely use chatting application and random chatting application are used to commit prostitution crime. This study investigated legal control of prevention of prostitution: The application was found to be a kind of applied software to be simple and to have less limitation. The feature had characteristics of mobile crime, and the study examined abuse of chatting application and regulation of applications. And, the study investigated legal regulation of chatting application under current legal regulation. No regulation regulated smart phone application itself, and applications with pornographic information and crime were based on special laws. Current regulation on smart phone application had problems: 1) Difficult to regulate because of spacial limitation, 2) Technical limitation, 3) Legal problems. The study investigated ISP''s obligation on supply of prostitution information overcoming current limitation, application production and expansion of admission of accomplice of prostitution for positive and strict punishment, assignment of juvenile harmful media, blocking of juvenile harmful media of smart devices and compensation of juvenile prostitution reporting. However, regulation on application, obligation of online service provider, punishment of application production and developer had legal problem and escape of regulation, and ''kid control application'' and compensation for juvenile prostitution reporting were no more than supplementary means. Prostitution prevention could not be done because of laws and systems to be done secretly online and to control and evidence. Cyber secret investigation could solve the problems.

Being a Foster-to-Adopt Parent: Experiences of (Un)certainty and Their Influence on the Sense of Being the Parent

The Mixed-Bank Program (Quebec, Canada) is based on concurrent planning principles. While the primary goal of this placement is reunification of the child with their birth parents, the low probability of this happening calls for simultaneously planning for an alternative solution, such as adoption. As a result, foster-to-adopt families have to deal with the uncertainty of the adoptability of the child and having no legal status nor control over the situation. In a qualitative study focusing on understanding how foster families from the Mixed-Bank Program develop the sense of being the parent of the child they care for, 25 semi-structured interviews with foster parents from 20 different families were conducted. As part of grounded theory methodology, a typology of profiles according to the level of uncertainty was constructed: (1) experience of certainty, (2) experience of momentary uncertainty, and (3) chronic uncertainty. This article presents these profiles and discusses the following challenges: the willingness to settle for permanence without adoption in all profiles, the link between the level of uncertainty and the assiduity of birth parents to supervised visits with the child, and the lack of power and control over the fulfillment of the goal of having or completing a family.

Development of an energy benchmarking database based on cost-effective energy performance indicators: Case study on public buildings in South Korea

The building sector is the largest energy-consuming sector, accounting for over a third of total global energy consumption. In South Korea, approximately 70% of building stock is more than 15 years old and requires appropriate remodeling and/or retrofitting support. Public buildings in particular are targets of legal control to promote energy conservation and value enhancement as examples of best practices to the private sector. Total energy use intensity (EUI), an energy performance indicator, is commonly used to assess the energy performance of public buildings. However, a considerably negative perception has arisen owing to the shortcomings of EUI itself. This study proposes three cost-effective performance indicators designed to resolve this problem and achieve more objective energy performance benchmarking. The indicators focus more on end uses: “cooling,” “heating,” and “base-load.” They are calculated from monthly energy consumption data using an energy disaggregation technique. Benchmarks for the indicators are made based on the datasets of 4,336 public buildings and a benchmarking database is constructed. The database shows that the most important aspect of energy benchmarking for public buildings is the classification of buildings by their similarity.

Regulation and Decriminalisation of Illegal Substances in Thailand

Psychoactive substances – chemical compounds which can alter a person’s mood, thoughts, and behaviors may be liable to misuse and cause addiction. Internationally, many strategies have been implemented in order to limit the supply and demand of illegal substances, with a wide variation at the country level. Thailand is an upper-middle income country in Southeast Asia. Since 2015, Thai authorities and policymakers have instituted many changes to the legal controls on illegal drugs. The aim of this review was to summarise the history of drug control and regulation in Thailand, focusing on opioids (including Kratom), methamphetamines and cannabis, and the outcome of recent strategies. Recent measures towards decriminalising substance use disorders are also discussed.

Economics and Incentives Driving IoT Privacy and Security, Pt. 1

This column delves into privacy risks of the IoT using risk concepts that are more native to the security domain in order to conceptually bridge our collective understanding, articulation, and management of privacy concerns in the IoT which otherwise might not be sufficiently considered or foreseen by existing legal and technical controls.

Fatal intoxication with new synthetic cannabinoids AMB-FUBINACA and EMB-FUBINACA

Introduction: Synthetic cannabinoids are currently the largest group of new psychoactive substances. Those that have been subjected to legal control are replaced by newer uncontrolled substances, which causes constant and dynamic changes to the drug market. Some of the most recent synthetic cannabinoids that have appeared on the “legal highs” market are AMB-FUBINACA and EMB-FUBINACA.Case history: A 27-year-old man was found dead on a bed in an apartment. At autopsy, congestion of internal organs, pulmonary oedema and left-sided pleural adhesions were found. The medical examiner concluded that the man died due to acute respiratory failure. The autopsy materials (blood, urine, liver, kidney, stomach, intestine, lung and brain) were collected for further toxicological analyses.Methods: The synthetic cannabinoids AMB-FUBINACA and EMB-FUBINACA were isolated from autopsy materials by precipitation with acetonitrile. The quantitative analyses were carried out by LC-MS/MS.Results: AMB-FUBINACA and EMB-FUBINACA were detected and quantified in all post-mortem materials except the blood. The determined concentrations of these compounds in solid tissues were in the range of 0.2–0.9 ng/g and 0.2–3.5 ng/g. The highest concentrations of AMB-FUBINACA and EMB-FUBINACA were revealed in the stomach content (5.8 and 36.2 ng/mL, respectively).Discussion: The presented case demonstrates that even in cases of fatalities, it is possible that the parent substance will not be present in the blood, while being present in other autopsy materials. The determined concentrations of the compounds may indicate oral administration of synthetic cannabinoids. It can also be assumed that AMB-FUBINACA and EMB-FUBINACA probably contributed to death.Conclusion: The presented case shows that synthetic cannabinoids can be undetected in the blood of even seriously or fatally intoxicated people. This situation means that the analysis of only blood samples may not confirm poisoning. The presented case also suggests that AMB-FUBINACA and EMB-FUBINACA use is dangerous to health and may lead to fatal intoxication.

Supervision and legal control of illegal marketing in medical and health care enterprises

Enterprise as a for-profit economic organization aim at profits anytime. Sale is an indispensable step in capital appreciation, and management at the level of transaction cycle is paid attention to. Under the background of the increasingly fierce competition in the pharmaceutical industry, a large number of problems have emerged in the circulation of medicine. Therefore, the supervision and legal control of illegal marketing of medical and health care enterprises has become the most important. In this paper, the problems of sales and collection in the illegal marketing of medical and health care enterprises were analyzed, relevant laws were introduced, the improvement method for internal control of sales and collection cycle was put forward, and some suggestions were proposed for the transactions in the process of marketing of medical and health care products. This work provides a reference for the standardization of marketing means of medical and health care enterprises.