Legal Framework In Order Research Articles

Enhancing the efficiency of e-commerce through digital technologies: Economic and legal aspects

The research is aimed at analyzing the economic and legal aspects of the functioning of digital technologies in the field of electronic commerce, as well as studying the impact of these technologies on the efficiency of processes and their interaction with various aspects of legislation regulating the field of electronic commerce. In the course of the research, literary sources and legal acts were analyzed with the aim of generalizing approaches to understanding electronic commerce and establishing the main principles of its regulation. The analysis of statistical data made it possible to identify trends in the development of the e-commerce market and the influence of negative external factors. In turn, the application of methods of generalization and systematization made it possible to determine the key aspects of the implementation of digital technologies to increase the efficiency of electronic commerce and identify regulatory gaps in this area. The results of the research confirm that e-commerce in Ukraine plays an important role in the digital economy, ensuring efficiency and profitability for businesses. An analysis of the e-commerce market showed the growth of the use of the Internet for shopping, even in difficult socio-political conditions. Therefore, despite the challenges facing the country, e-commerce remains a sustainable and powerful tool for business development and consumer activity. However, it is necessary to improve the legal framework in order to meet the requirements of modernity and to ensure the protection of consumers’ and market participants’ rights from technical and other risks related to electronic commerce.

The Gulf Cooperation Council Legal Order, Institutions and Taxation

Tax scholars worldwide are understandably unfamiliar with the GCC legal framework and the GCC’s role in taxation. This is because the GCC’s main agreements and the organization itself do not classify legal acts into primary and secondary acts, define the scope of supremacy of GCC legal acts over GCC domestic laws, or illuminate the direct application or direct effects of GCC acts. Consequently, the classification and nature of the GCC’s tax laws and sources are unclear. This work is the first scholarly attempt to fill this gap. It also describes the main institutions of the GCC and the role played by each institution when enacting a tax act. This work briefly refers to the European Union and the United States when analysing the GCC legal framework in order to complement the European and American readers’ understanding.

Safeguarding Animal Welfare: Understanding Laws and Animal Rights in Islam

Cruelty towards animals is not a new issue in our society. However, the persistence of this cruelty, despite our identity as a Muslim society, shows our failure to adhere to the teachings of Islam regarding animal welfare. Although there are legal frameworks and mechanisms in place to prevent the mistreatment and cruelty with animals, they are outdated and ambiguous in its scope. This research highlights the major issue of mistreatment and cruelty with stray animals in Pakistan and critically examines the existing legal framework designed to protect animals. Through the use of a qualitative approach, this study integrates Islamic teachings with the current legal framework in order to provide comprehensive insights into the animal welfare. This research concludes that the existing legal mechanisms are insufficient and unable to cover all animals and it need to be updated to address our contemporary societal issues. It must be aligned with the injunction of Islam as laid down by the Holy Qur’an and Sunnah.

Mapping Social- Legal Identity and Inequality: A Sociological Exploration of the Impact of Covid-19 Pandemic on Women Street Vendors in Urban Areas

Gendered development is a critical factor for inclusive development. The inclusion of women in central policies is indispensable for any country's development. India, with its vast economic and socio-cultural diversity, also faces socio-cultural inequality. Street vendors, who provide essential goods and services at affordable prices, are a marginalized and neglected group in our society. Despite their significant contribution, they remain impoverished and excluded from the mainstream. The COVID- 19 pandemic aggravated the existing social inequalities, particularly for street vendors. Lockdowns and lack of economic opportunities led to forceful migration and economic struggles for these vendors, especially women. In this background, this study focuses on two research questions: the socio-economic and legal status of women street vendors during the pandemic and an assessment of legal enactments for their protection. The study utilizes secondary sources and follows a descriptive approach. The main argument of the paper is that addressing gendered development is crucial for the progress of India. COVID- 19 Pandemic has exacerbated the challenges faced by women street vendors, emphasizing the necessity of comprehensive measures to ensure their socio economic wellbeing and legal protection. It is essential to evaluate legal frameworks in order to protect socio-legal rights

COMPARATIVE CHARACTERISTICS OF THE LEGAL AND REGULATORY FRAMEWORK OF THE OIL INDUSTRY IN SUDAN AND AZERBAIJAN

The oil industry is one of the industries that contribute strongly to the economic and social development of any oil country at the present time. Oil has also become a strategic commodity with geopolitical and strategic dimensions. However, this industry is also known as a source of emissions and pollutants, and it also constitutes political instability if it is not managed in the right way. optimum. This article aims to compare the legal frameworks, policies, and legislation in the oil sector in both Sudan and Azerbaijan, whichever has the ability to contribute to the development of the oil industry in a sustainable manner that meets the requirements of economic and social development.
 The article used descriptive and analytical research methods that were relied upon to obtain the necessary information and data and analyze them through secondary sources, such as reports and related studies. It found that there are some discrepancies in the legislation and legal frameworks related to the oil development industry in both Sudan and Azerbaijan. The article also found Azerbaijan has more experience in applying laws and legislations to develop the oil industry, which was clearly reflected in the development of the oil industry and its contribution to sustainable economic and social development, while the article found that there is a clear weakness in the laws and legislations related to the development of the oil industry in Sudan, which negatively affected the development of the oil industry And led to a diminished contribution to economic and social development.
 The article recommended the need to benefit from the Azerbaijani experience in the field of legislation and legal frameworks in order to promote the development of the oil industry in Sudan to achieve maximum benefit from this sector in economic and social development and the sustainability of political stability.

A situational Analysis of the Legal Framework of Public Hospital Governance in Malawi

Background: Sound organizational governance is critical to the health sector. The condition of the legal framework that is in place, plays a key role in institutionalizing sound governance. The present paper examines the condition of the legal framework that facilitates the implementation of robust public hospital governance in Malawi.
 Methods: The paper employed document analysis utilizing Clarke’s situational thinking to examine the legal framework pertaining to the governance of central and district hospitals.
 Results: The findings suggest that the current legal framework does not prescribe a specific organizational governance system for central and district hospitals. Governance of the hospitals relies on the governance framework of their parent entities, namely the Ministry of Health and District Councils respectively. This setup presents serious challenges that include undermining the uniqueness of the hospital governance system and obscuring the organizational visibility of public hospitals. Consequently, it has detrimental effects on the implementation of sound organizational governance principles including responsibility, transparency, and accountability.
 Conclusion: The paper demonstrates the need for policymakers to examine the condition of the specific elements of the legal framework in order to identify those areas that require attention toward reforming the state of organizational governance of the public hospitals under study. 

THE FUNDAMENTAL RIGHTS OF CHILDREN DEPRIVED OF LIBERTY INDETENTION CENTRES INMALAYSIA DURING THE COVID-19 PANDEMIC: A QUALITATIVE STUDY

The spread of the Covid-19 virus that initially surfaced in China in late 2019 eventually emerged as a global pandemic which adversely affected the worldwide population, including Malaysia. Consequently, the Malaysian government implemented many social and public health measures to help control the spread of Covid-19 in the country. The Covid-19 pandemic affected every level of society in Malaysia, including children who are susceptible to being emotionally, psychologically, and mentally affected due to lockdown measures, school closures, and loss of employment suffered by family members. There is a gap in existing research concerning the impact of Covid-19 on children deprived of liberty in detention centres in Malaysia. Hence, this study aims to identify whether the legal framework in Malaysia adequately protects the rights of children deprived of liberty in detention centres, in line with the international legal framework. A qualitative research design was adopted to explore the issues surrounding the impact of Covid-19 on children in detention centres. Library-based research and semi-structured interviews were carried out with officers from detention centres and the Department of Social Welfare. This research demonstrates that soundpolicies and guidelines and the availability of fully trained staff are essential in meeting the emotional, physical, and mental needs of children in detention centres. This research is significant for policymakers to strengthen the current legal framework in order to afford better protection for children in detention centres, in line with the Ministry of Women, Family and Community Development Policy (2021-2025) as well as the international legal framework.

FIGHT AGAINST SEXUAL ABUSE AND ONLINE EXPLOITATION OF CHILDREN – KEY PRIORITY AT THE EUROPEAN UNION LEVEL

We are experiencing a period full of physical and virtual uncertainty and insecurity, the Covid-19 period being a milestone regarding the increase of the phenomenon of sexual abuse and online exploitation of children. The wide accessibility of technology creates the opportunity for offenders to commit such crimes on children. Protection of children against any form of violence or abuse is a key priority at the European Union level, aiming at fighting the online and offline abuse on children, including production and diffusion of materials showing abuses on children, such as online sexual exploitation of children. In this regard, the European Union efforts aim at creating a specific legal framework in order to make easier for the Member States to detect and report the cases of online sexual abuse, to prevent such situations, and to support the victims. Thus, the Commission wants to clarify the role that the online service providers should have in order to protect the children. The main problem identified is the scarce reporting of such crimes, and therefore, the impossibility of identifying the victims.

Minimum Wage - Trends and Realities

In this article, the issue of the minimum wage in the Republic of Moldova is addressed in relation to the recent changes in some normative acts. Although the first minimum wage regulations date back to 1991, all that has been done in this area is not enough. It is necessary to improve the existing legal framework in order to be consistent with the Minimum Wage Fixing Convention No. 131/1970, especially regarding the developing countries of the International Labor Organization (ILO) and the ILO Minimum Wage Fixing Machinery (Agriculture) Convention No. 99. The author brings up actual proposals regarding the improvement of the legislative framework in this field.

Increasing population adherence to vaccination: evaluation and a systematic approach to implementation

Relevance. The problem of vaccine hesitancy is becoming even more urgent in the light of the coronavirus pandemic, which acted as an impetus for increasing public skepticism about vaccination. In 2019, the WHO declared vaccine hesitancy as one of the global health threats. Aims. The purpose of the research is a comprehensive analysis of the factors that cause vaccine hesitancy in Russian Federation, followed by recommendations for increasing population adherence to vaccination. Materials & Methods. Statistical, factual analysis of the research objects, as well as a qualitative and quantitative analysis of open sources data carried out. The main sources of information were anti-vaccination messages on social networks and the media, information from anti-vaccination communities on Vkontakte, official websites and social networks of relevant federal executive authorities of the Russian Federation. Results. Communication space. Social networks are the main source of dissemination of false information about vaccination. The most active platforms for the dissemination of anti-vaccination messages on social networks are Odnoklassniki and Vkontakte. Semantic analysis. Anti-vaccination rhetoric on Facebook, Instagram, Vkontakte, Odnoklassniki, Telegram, Twitter, Tik Tok, You Tube, Live Journal, the media, and forums is generally similar. As the object of anti-vaccination rhetoric, the words “vaccines”, “vaccination”, “vaccinations” most often appear in posts. Such rhetoric is more directed towards childhood vaccinations. The target audience of anti-vaccination propaganda is parents. The target audience. The sample of the target audience of the doubting population, compiled on the basis of social network Vkontakte users, amounted to 90,937 people. A significant part of the doubting population is represented by women (85%). As a result, the average age of target audience representative is 35.4 years. Major part of the audience is married – 83.1% of the total sample. Almost a third (24.1%) of the Russian audience of the anti-vaccination movement are residents of the Central Federal District. Influence groups. The activity of key influence groups members is characterized by a high level of cohesion within the anti-vaccination movement, which is manifested in mutual reposts of information, joint actions, live broadcasts and announcing the events of “comrades-in-arms”. Among the main motives for participating in the anti-vaccination movement are commercial interests in promoting services and products that are alternative to vaccination, as well as attracting the attention of the audience. It is important to note that the most active representatives of the anti-vaccination movement, for the most part, do not have a medical education. Measures to increase adherence. The state policy in relation to increasing the population adherence to population, as well as the activities of the pro-vaccination movement representatives, play an important role in strengthening the public's confidence in immunization. As part of increasing adherence to vaccination, a wide range of methods and means of informational impact on citizens is used - separate information portals, social networking, face-to-face educational events, special projects, organization of hotlines on vaccine prevention. Conclusions. Solving the problem of vaccine hesitancy under the influence of the anti-vaccination movement activities, rhetoric in the media and social networks, distrust of the state and the healthcare system, and personal perception of vaccination risks require an integrated approach to organizing measures for increasing adherence at the federal and regional levels. The immunization system development should be carried out by changing the regulatory legal framework in order to effectively implement such activities at all levels of the country's health care system.

Outpatient healthcare and clinical trials in the care pathway: Organisational and regulatory aspects and tools

Clinical research in outpatient healthcare, particularly in general practice, which is the first line of contact with the population, is now a public health issue. However, this type of research has specific characteristics that differentiate it from clinical research conducted in a hospital setting and requires an adaptation of its conditions of practice: in terms of organisation, the development of research in outpatient healthcare relies on the appropriation of its fundamentals by the investigators, which implies their presentation, upstream, from the initial cycle, and the participation of practitioners in training modules adapted to research in primary care, such as those already organised by several GIRCI (Groupement Inter régional de la Recherche Clinique et de l'Innovation [French Interregional Clusters for Clinical Research and Innovation]). To compensate for the fragmented nature of their location, on the model of the EMRCs (équipes mobiles de recherche clinique [mobile clinical research teams]) in oncology, mobile research teams should enable general medical practices to participate in clinical trials. This presupposes, on the one hand, the allocation of earmarked funding to ensure the sustainability of a base of dedicated personnel and, on the other hand, the impetus of a national dynamic through the setting up of a multi-organisation thematic institute for "research in primary care" associated, at the operational level, with a national scale investigation network supported by a platform of excellence. The use of digital tools and innovations (telemedicine; data collection via connected tools; e-consent; electronic signature) which make it possible to digitise and relocate all or part of the research procedures for both the participant and the investigation teams. An adaptation of the legal framework in order to bring the place of research closer to the patient and not the other way round, which means moving the equipment and investigations closer to the patient. Taking into account the acceptability of the patient, thus limiting the disruption that may be caused by his or her participation in a research protocol and motivating the practitioner by valuing his or her contribution and providing all the guarantees of scientific relevance and independence of practice. In view of the contextual analysis, positive feedback and the availability of organisational and digital support points facilitating the delocalisation and digitisation of the conduct of research activity as close as possible to the patient and his or her doctor, the round table concluded that opportunities exist today which favour the development of clinical research in general practice. It is important to seize this opportunity and make the most of it without delay.

International Crimes in the Digital Age: Challenges and Opportunities Shaped by Social Media

Due to the growing influence of social media on the dynamics of international criminal law, the investigation and prosecution of international crimes have taken an entirely new dimension. Particularly, the increasing use of these platforms has led to the rise of new types of evidence, namely user-generated evidence thus creating considerable opportunities, but also unique legal challenges. Indeed, while social media became a source of evidence for public authorities, these same platforms are used to fuel offline brutality and atrocities. This article thus provides a comprehensive insight into the advantages and disadvantages produced by the growth of user-generated evidence. It also calls for a necessary legal change to accommodate the digital age. Indeed, it is imperative to adjust the existing legal framework in order to contain the downsides of user-generated evidence on the one hand, and promote their effective use in the International Criminal Court to promote justice and transform UGE in the much needed mine of evidence.

The call of the emperor penguin: Legal responses to species threatened by climate change.

Species extinction risk is accelerating due to anthropogenic climate change, making it urgent to protect vulnerable species through legal frameworks in order to facilitate conservation actions that help mitigate risk. Here, we discuss fundamental concepts for assessing climate change risks to species using the example of the emperor penguin (Aptenodytes forsteri), currently being considered for protection under the US Endangered Species Act (ESA). This species forms colonies on Antarctic sea ice, which is projected to significantly decline due to ongoing greenhouse gas (GHG) emissions. We project the dynamics of all known emperor penguin colonies under different GHG emission scenarios using a climate‐dependent meta‐population model including the effects of extreme climate events based on the observational satellite record of colonies. Assessments for listing species under the ESA require information about how species resiliency, redundancy and representation (3Rs) will be affected by threats within the foreseeable future. Our results show that if sea ice declines at the rate projected by climate models under current energy system trends and policies, the 3Rs would be dramatically reduced and almost all colonies would become quasi‐extinct by 2100. We conclude that the species should be listed as threatened under the ESA.

Legal and Regulatory Framework for Provision of First Aid and Education in First Aid in Out-of-Hospital Cardiac Arrest

The likelihood of life recovery in out-of-hospital cardiac arrest (OHCA) critically depends on the speed of providing care. Basic bystander cardiopulmonary resuscitation in case of OHCA and automatic external defibrillation greatly increase the chances of survival. To ensure a high level of readiness of the population to provide first aid (FA), effective legal regulation is required. The article presents the results of a comprehensive analysis of the current regulatory legal acts of the Russian Federation governing the provision of FA in case of OHCA, as well as domestic and foreign scientific publications dedicated to legal support in the field of FA. In particular, the issues of protection of persons providing FA from legal liability in case of harm to the victim are discussed, the obligations established by the legislation to provide FA and train FA, suggestions are made to optimize the relevant legal framework in order to increase the efficiency of first aid for OHCA and reduce mortality from OHCA in Russia.

Anti-monopoly Law of China: A Case Study of Coca Cola’s Proposed Merger with Huiyuan

An attempt is made by this study in order to determine whether AML is for protectionism or a leap forward. For this reason, the first part of this article sheds light on AMLs background along with aims and objectives of it while providing a precise glimpse into proposed merger under the AML. For this reason, the researcher took Coca Cola’s case in China. In addition to this, some concerns raised by scholars over the decision of China with regard to Coca Cola’s merger with Huiyuan are also addressed. The third part of this paper lays out a legal framework in order to create as well as implement AML, with special focus on the process of merger review. It is argued by the researcher that Coca Cola’s proposed merger was blocked by China under AML, which also drew world’s attention along with criticism. The reason is China flexed its antitrust practice muscles at the expense of this since a Coca Cola’s merger was blocked; while there is no doubt that it always attracts international business community. For decades China has been seen as the land of opportunity and growth for foreign investors and only time will determine whether this decision signals a change in that policy. The role of protectionism is explained by part three while investigating concerns with reference to public interests under AML. In this section, underlying rationale to block merger of Coca Cola with Huiyuan is analyzed by proposing that how can improvement be made by China in the merger review process. China made us believe that the decision to block such merger was for lessening and protecting competition, however, clear guidelines are greatly required by enforcement agencies in order to follow as well as increase transparency in the processes of decision making, it would ultimately help china to make better plans for enterprises in the future while showing China as a greatly attractive and fertile ground in order to grow and expand. The paper is concluded in part four along suggesting the adoption of clear merger guidelines which would diminish all the concerns raised by legal scholars; such guidelines would help foreign firms in terms of merger with domestic enterprise in China in the future. Qualitative research methodology has been applied to the following article.

International Environmental Law and Sea Turtles: Anatomy of the Legal Framework and Trade of Sea Turtles in the Lesser Antilles

Of the seven extant species of sea turtles, five navigate the waters of the Caribbean Sea surrounding the Lesser Antilles. As migratory species at all life stages, sea turtles need a coherent and strong legal framework in order to ensure the survival of the species for present and future generations. In light of the ongoing Holocene mass extinction crisis, the Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES) conducted a comprehensive global assessment that presented alarming findings of unprecedented decline in global ecosystems and of rapid acceleration in extinction rates that threatens one million species. The current legal framework of international treaties implemented to protect these fragile species is fragmented and often ineffective due to deficient implementation and enforcement. Public health risks linked to the consumption of sea turtle parts and derivatives are also discussed in this article. Finally, this article offers recommendations for effectively monitoring sea turtle fisheries as to enhance an evolution toward more sustainable activities.

Interpreting choices: what can we infer from where our ancestors married?

This article analyses a sample of 1,052 weddings reported by family historians as taking place between 1837 and 1952 in order to build up a picture of the characteristics of those marrying in a register office or registered place of worship under the Marriage Act 1836. It situates this data in the context of the national-level statistics in order to provide a more nuanced picture of the religious affiliation of those marrying in a registered place of worship and to determine whether those who married in the register office exhibited different characteristics to those who did not. It also analyses the changing legal framework in order to show how this determined the options that were available to couples at different times. Finally, it identifies what inferences can be drawn from the wording on the marriage certificate, for example whether a marriage is recorded as being conducted ‘by’ or ‘before’ a particular person or ‘according to the rites and ceremonies of the parties’.

Wikipedia in music education: experience and perspectives

The article is devoted to the prospects of implementing Wikipedia's educational program in music education. Editing Ukrainian Wikipedia articles by students is considered a more effective type of individual work in comparison with traditional abstracts and coursework. The experience of involving Lviv Academy of Music students to contribute to Wikipedia is considered. In particular, students wrote a number of articles about compositions by Ukrainian and European authors, as well as prepared and uploaded audio recordings of works by Ukrainian authors to Wikimedia Commons. Such forms of work will help to increase the motivation of students to perform quality work, as well as a more transparent and objective process of job evaluation. The following algorithm of organising the educational process is proposed: 1) to prepare an indicative list of articles corresponding to the course program and advisable for Wikipedia; 2) to prepare a list of literature based on which these articles could be written (in some cases it is advisable to translate from English and other language sections of Wikipedia);3) to prepare a list of compositions could be performed by students for further uploading to Wikipedia;4) to create an appropriate program within the campaign Education Program in Ukraine;5) to explain to students the basics of working in Wikipedia. The problems with the introduction of the Wikipedia educational program in Ukrainian universities concern, rather, the organization of the process. Students' contribution to Wikipedia is considered by university management neither as scientific nor as methodological work, so teachers are usually not interested in spending their time on activities that are not reflected in the reporting. Therefore, we consider the prospect of further research, first of all, to study the possibility of revising the legal framework in order to include contributing to Ukrainian Wikipedia as one of the forms of student`s individual work, and the organization of such work - as a form of methodical work of teachers.

Anti-monopoly Law of China: A Case Study of Coca Cola’s Proposed Merger with Huiyuan

An attempt is made by this study in order to determine whether AML is for protectionism or a leap forward. For this reason, the first part of this article sheds light on AMLs background along with aims and objectives of it while providing a precise glimpse into proposed merger under the AML. For this reason, the researcher took Coca Cola’s case in China. In addition to this, some concerns raised by scholars over the decision of China with regard to Coca Cola’s merger with Huiyuan are also addressed. The third part of this paper lays out a legal framework in order to create as well as implement AML, with special focus on the process of merger review. It is argued by the researcher that Coca Cola’s proposed merger was blocked by China under AML, which also drew world’s attention along with criticism. The reason is China flexed its antitrust practice muscles at the expense of this since a Coca Cola’s merger was blocked; while there is no doubt that it always attracts international business community. For decades China has been seen as the land of opportunity and growth for foreign investors and only time will determine whether this decision signals a change in that policy. The role of protectionism is explained by part three while investigating concerns with reference to public interests under AML. In this section, underlying rationale to block merger of Coca Cola with Huiyuan is analyzed by proposing that how can improvement be made by China in the merger review process. China made us believe that the decision to block such merger was for lessening and protecting competition, however, clear guidelines are greatly required by enforcement agencies in order to follow as well as increase transparency in the processes of decision making, it would ultimately help china to make better plans for enterprises in the future while showing China as a greatly attractive and fertile ground in order to grow and expand. The paper is concluded in part four along suggesting the adoption of clear merger guidelines which would diminish all the concerns raised by legal scholars; such guidelines would help foreign firms in terms of merger with domestic enterprise in China in the future. Qualitative research methodology has been applied to the following article.

The Practices of ‘Splitting’ and ‘Common Accord’ Under Scrutiny: the European Parliament‘s Request for an Opinion of the European Court of Justice on the Istanbul Convention

Abstract With all eyes on the recent global COVID-19 pandemic, another pandemic has been growing in the shadows: violence against women. The Council of Europe’s Istanbul Convention creates a legal framework in order to protect women against all forms of violence. Its ratification process, however, has faced considerable challenges, particularly in the Central and Eastern European Member States. This article discusses the basic elements of the Istanbul Convention, reflects on the ratification process in the EU and its Member States, and sets out the main legal issues raised in the European Parliament’s request for an opinion (A-1/19 of 22 November 2019) to the Court of Justice of the European Union. Special focus is put on the choice of the correct EU legal basis and the practices of ‘splitting’ and ‘common accord’. This article argues that the European Parliament’s request for an opinion provides the perfect opportunity for the Court of Justice of the European Union to further clarify the law and the practice of concluding mixed agreements by the EU and its Member States.