Legal Gaps Research Articles

Issues of improving the legal regulation of the first aid and determining its expanded scope

Introduction. First aid is a special type of assistance, is the primary measure in the chain of survival of the victim in emergency situations. The scope of the first aid in this edition of regulatory legal acts is not sufficient in situations where the victim is in a remote, inaccessible area and without the possibility of providing emergency medical care, which significantly reduces the chance of survival. The purpose of the work is to determine the list of measures for the provision of the extended first aid and develop proposals for improving the regulation of relations in the field of the first aid in an expanded volume between the participants of these relations to protect their legitimate rights and interests. Materials and methods. Research material: regulatory legal acts regulating relations in the field of the first aid and determining its scope. Research methods: analytical, logical, and information modelling. Results. The analysis of the studied normative legal acts showed the presence of a legal gap in the field of regulation of first aid including the uncertainty of the volume of the extended first aid. To improve the regulatory and legal regulation of first aid activities and contribute to the current legislation, the author has developed and proposed a draft volume of the extended first aid for discussion. Research limitations. In the study of issues related to the provision of the extended first aid, 18 regulatory legal acts were selected and analyzed: the Constitution of the Russian Federation, 7 federal laws, 10 orders of relevant ministries; as well as 2 technical acts (GOST). Conclusion. The developed project of the expanded first aid is proposed for consultations and discussions with state structures and officials defining health policy, as well as representatives of scientific institutions of the medical community to develop management decisions aimed at achieving a high level of preservation of human and citizen life and health in emergency situations.

Legal Gaps and their Logical Forms

Abstract The concept of legal gap is tackled from a number of logical perspectives and semantic methods. After presenting our own goal (Section 1), a first introduction into legal logic refers to Bobbio’s works and his formalization of legal statements (Sections 2 and 3). Then Woleński’s contribution to the area is taken into account through his reference to the distinction between two juridical systems (viz. Common Law vs Civil Law) and the notion of conditional norms (Section 4). The notion of reason is also highlighted in the case of Raz’s legal logic, thereby leading to a future connection with von Wright’s logic of truth and an analogy made with an anti-realist reading of truth-values and norms (Section 5). Our personal contribution is introduced through a reflection on how logic should deal with the logical form of norms (Section 6), before entering a number of crucial definitions and distinctions for the concepts of norm, legal statement, and promulgation (Section 7). The final point is a proposed semantics for legal statements, which is both many-valued and gap-friendly (Section 8). A distinction between a number of requirements for permission and forbiddance leads to a set of non-classical juridical systems in which non-permission and forbiddance are not equivalent with each other any more; this does justice to Woleński’s former distinction between Common Law and Civil Law, also leading ultimately to a non-classical square of legal oppositions in which several legal operators may collapse into other ones (Section 9).

Проблема распоряжения супругами имуществом на случай смерти путем совершения сделок

This article attempts to study the transactional grounds for disposing of property by spouses in the event of death in the domestic legal order. The task is to analyze novels in the fi eld of inheritance law, considering the special subject structure on the side of the testator. The study focuses on the relationship between new institutions and existing testamentary dispositions, their private law regulation, legal gaps, as well as recommended ways to fi ll them.

Legal Foundations and Inequities in Indonesian Autonomy

This study examines the effectiveness of Indonesia's regional autonomy laws—Law Number 22 of 1999, Law Number 32 of 2004, Law Number 23 of 2014, and Law Number 5 of 2014—highlighting the challenges of inter-regional inequality, conflicts of interest, and resource limitations. Employing qualitative analysis of legal documents and secondary data, the research identifies critical gaps in the legislation that hinder equitable development across regions. It proposes legal reforms to strengthen the governance system, aiming to enhance fairness and effectiveness in regional autonomy, thereby ensuring a more balanced national development.
 Highlights:
 
 Legal Gaps: Current laws insufficiently address inter-regional inequalities and conflicts.
 Reform Necessity: Legal reforms are crucial for effective resource distribution and conflict management.
 National Impact: Improved laws can enhance national unity and regional governance.
 
 Keywords: Regional Autonomy, Legal Analysis, Inequality, Conflict Resolution, Policy Reform

Establishment of a Unified Register of Donor Sexual Gametes in the Republic of Kazakhstan.

The purpose of this narrative review paper was to review the state and development of the field of donor gametes in Kazakhstan, compare its legislative and technical capabilities with other countries and identify key steps towards the establishment of a unified register of donor gametes in the Republic. The narrative review paper conducted an analysis of scientific publications and legal documents to examine the implementation of Assisted Reproductive Technologies (ART), focusing on Donor Sexual Gametes (DSG), globally. It utilized medical publications from 2019 to 2023, legal acts, and recommendations from global health organizations to analyze eligibility criteria, legal regulations, and the social aspects of ART across different regions. In Kazakhstan, ART is regulated by legislation, with DSG procedures governed by age limits, medical screening, and restrictions on the number of children born from donated gametes. Worldwide, practices vary, but there is growing interest in establishing a unified register of reproductive donor material to enhance transparency and accountability. However, legal gaps and ethical considerations must be addressed. The study identifies gaps in Kazakhstan's legislation compared to Western countries, emphasizing the necessity for enhanced legal rights for donors and recipients, including options for anonymity. Ethical concerns highlight the importance of confidentiality and data security in accessing the donor registry. Overall, implementing such a register promises to enhance transparency, safety, and accountability in reproductive medicine.

On Improving the Procedure for Transferring Securities to Trust Management: An Analysis of Russian and Foreign Anti-Corruption Legislation

Introduction: the paper analyzes the regulation of the procedure for transferring to trust management of securities, as well as participation interests, shares in the authorized (pooled) capitals of organizations in accordance with the anti-corruption legislation in the Russian Federation and abroad. Purpose: to resolve the issue of improving the mechanism for transferring financial instruments of a civil servant to trust management. Methods: the methodological framework was formed by the methods of scientific cognition, including such main ones as the methods of consistency, analysis and comparative law. Results: the author identifies the legal gaps in the Russian legislation and suggests using positive foreign experience in the application of the anti-corruption legislation in the legal relations for the transfer of securities to trust management in such countries as the USA, Canada, Albania and Chile, as they have comprehensively developed the legal regulation of the institution of trust management of property of civil servants. Conclusions: the paper contains specific proposals for the implementation of foreign legislation into the current legislation of Russia, namely the establishment of a special state trust (trustee), the consolidation of his legal status, the possibility of prohibiting officials from owning and using their assets in a separate regulatory legal act of the federal level.

The dualistic legal nature of the contract for the performance of development work

The research is conducted in order to develop practical recommendations for the further development and improvement of various forms or sources of law, individual legal acts, norms and institutions. The main objective of the article is to highlight the problems of legal regulation in the theory of legal science and in law enforcement practice, the elaboration of legal mechanisms and recommendations for improving current legislation, overcoming legal gaps.The subject of the research is the norms of Russian legislation regulating relations in the field of development work, legal positions reflected in judicial practice. The object of research is public relations related to the legal institution of a contract for the performance of development work. These agreements belong to the group of consensual, retaliatory and mutual, that is, bilaterally binding agreements that are considered concluded from the moment the parties reach all essential conditions.This type of contract has the features characteristic of both contracts for the performance of work and contracts for the provision of services. The practice of using this legal institution shows the dualistic legal nature of contracts of this type and the need to separate it into a separate independent type of contract – a contract of design activities and special legal regulation. Today in Russia, the contract for the implementation of the R&D is considered adjacent to the contract for the performance of work and is regulated by Chapter 38 of the Civil Code of the Russian Federation.The purpose of this article is to study the main features of the contract for the performance of experimental design work, generalization or isolation of its general and specific features, analysis of various points of view on the issue of its legal nature, review of Russian legislation, as well as Russian judicial practice, their positive and negative aspects.Methodology. In order to best solve the task, a systematic approach was used in combination with a logical method. This allowed us to study the theoretical, factual and legal foundations of the phenomenon of the contract for the implementation of R&D. The comparative legal method was also used by comparing single legal concepts and processes, contrasting legal norms and identifying similarities and differences between them, using conclusions by analogy, relying on the similarity of the signs of the facts being studied, which will allow transferring the signs from one phenomenon being studied to another.Main results and scope of application. The article outlines the main features of the contract for the implementation of R&D, different points of view on the definition of the legal nature of this type of contract. The results of the study contribute to the identification of problems of legal regulation in the theory of legal science and in law enforcement practice, the elaboration of legal mechanisms and recommendations for improving current legislation, overcoming legal gaps.

Presidential Decree Number 62 of 2023: Distortion Regulation or Acceleration Solution for Agrarian Reform?

The implementation of Presidential Decree No. 62 of 2023 has substantively attempted to integrate several regulations at technically applicable level; however, on the other hand, it still raises several problems, particularly in relation to the provision of land for agrarian reform objects, land originating from forest areas. This study aimed to analyze the implementation of Presidentialial Decree No. 62 of 2023 as the latest regulation regarding the acceleration of agrarian reform activities in Indonesia as an effort to recognize that land is the greatest source of wealth for people as ordered by the constitution. To analyze the problem, the method used is type study law normative. One of the factors inhibiting agrarian reform from seeming slow in creating just and prosperous land is the dis-harmonization of regulations, that cause legal gaps. The method used is normative legal research with a statutory regulation approach. The sectoral egos and legal gaps can be put aside and released to joint policies between related institutions, and agrarian reform can achieve its main essence; namely making land a source of the greatest prosperity for people. The results show that regulatory disharmony has narrowed the space for implementing agrarian reform. The advice given in this paper is to create an acceleration of agrarian reform that is right on target in accordance with the targets set, all implementing stakeholders must comply with the norms set out in the Presidential Decree in question. Thus, it is feared that Presidential Decree No. 62 of 2023 will become a regulatory distortion, even though its implementation aimed to provide a regulatory solution in the context of accelerating agrarian reform in Indonesia.

Problems and Prospects of State Regulation of Cryptomining in Kazakhstan

The cryptocurrency mining sector in Kazakhstan has witnessed remarkable expansion, attracting global miners due to favourable conditions. However, this growth has underscored the country's energy scarcity, leading to the enforcement of stringent regulations by the government. This article seeks to offer a thorough comprehension of the regulatory framework governing cryptocurrency mining in Kazakhstan. Examining diverse aspects such as the legal status of mining, licensing structures, tax considerations, and the impact on energy infrastructure, the study utilizes international experiences and stimulus materials. Through the analysis of media representation and examination of primary trends, it is revealed that while the government has addressed legal gaps and instituted transparent tax procedures, taxing digital mining may discourage foreign investments, given the industry's current fragility due to excessive regulations. The article provides insights into the regulatory landscape, emphasizing challenges and opportunities.

Implementation of Policy Regulation of The Head of The National Land Agency Number 5 of 2012 Concerning Technical Instructions For The Implementation of Land Procurement

That this research aims to analyze more deeply the implementation of the policy of the Head of the National Land Agency Regulation Number 5 of 2012 concerning Technical Instructions for Implementing Land Acquisition Case study of Land Acquisition for the Construction of the Pekanbaru-Bangkinang Toll Road, Riau Province. The research method in this legal research uses qualitative methods. The problem formulation used in this research is how to implement the policy of Regulation of the Head of the National Land Agency Number 5 of 2012 concerning Technical Instructions for Implementing Land Acquisition and what factors hinder the implementation of the policy of Regulation of the Head of the National Land Agency Number 5 of 2012 concerning Technical Instructions for Implementing Land Acquisition. That the results of this research found that the implementation of land acquisition for the construction of the Pekanbaru-Bangkinang toll road in Riau province was not optimal, that there were obstacles in the implementation of land acquisition for the construction of the toll road in the form of land disputes, the location being included in a forest area, and resistance from residents to the development. the toll road. The conclusion of this research is that it is best to review the regulations of the Head of the National Land Agency Number 5 of 2012 concerning Technical Instructions for the Implementation of Land Acquisition which function as a fulfillment of solving public problems in the land sector and filling legal gaps if necessary and that regarding the obstacles that In the field, assistance should be provided with related officials such as the prosecutor's office and police as well as the local district court to provide a sense of security and comfort for the committee and other stakeholders involved in the land acquisition process for the public interest.

Legal Framework of Micro and Small Businesses in Indonesia for Achieving Empowerment and Legal Protection

<em>This research aims to identify, analyze, and discover efforts to facilitate business ease, empowerment, and protection for micro and small business operators in the Maluku Province through effective local legal regulations. Micro and small businesses play a vital role in supporting national development and enhancing the country's economy. Therefore, micro and small businesses need to be continuously developed to remain viable and competitive in the global trade arena. One of the measures to ensure the sustainability of micro and small businesses is through effective legal regulations that address various challenges faced by them. These legal regulations encompass not only national legal aspects but also local legal frameworks, including those in the Maluku Province. This research constitutes sociolegal research using primary and secondary data obtained through literature review and interviews. Based on the research findings, it is evident that the legal regulations for micro and small businesses in Maluku, both at the provincial and municipal levels, are not sufficiently effective in realizing ease of doing business, empowerment, and protection for micro and small business operators. The ineffectiveness of local legal provisions in Maluku is attributed to various issues in their content. These issues include discrepancies in regulations compared to other legal provisions, overlapping jurisdiction between the provincial and municipal governments, and even the central government's authority in regulating medium-sized businesses. Furthermore, legal gaps and unclear content lead to normative ambiguity, ultimately affecting the implementation of micro-business development and empowerment, which does not proceed smoothly.</em>

Urban Planning and Green Infrastructure Under a Changing Climate in Africa

This article uses the PRISMA systematic review method to identify the challenges and opportunities of urban planning in Africa, with a focus on climate change. The article emphasizes the importance of sustainable financing, transparent management, and effective governance. It also highlights financial difficulties, privatization, short political cycles, and institutional limitations as some of the key challenges that need to be addressed. Cultural, religious, and socio-economic influences on awareness of green infrastructure are examined, advocating for the promotion of environmental awareness and education. Climate risks threaten the sustainability of green infrastructure, necessitating resilient planning. Legal gaps hinder urban planning implementation, underscoring the need for appropriate legal frameworks. Coordination between government levels and long-term vision is essential to addressing political and administrative challenges. Overall, the article suggests sustainable, human-centered approaches and effective resource management for balanced urban development in Africa. It also emphasizes a holistic approach and ongoing collaboration for sustainability.

Legal union of a same-sex couple in the Slovak Republic and the scope of recognition of such unions validly established abroad

The paper focuses on the issue of legal regulation of unions of same-sex couples under the conditions of the Slovak legal order. The author notes that within the Slovak Republic there is no equivalent of the institution of marriage for cohabiting persons of the same sex. It is further specified on the issues of recognition of marriages of same-sex couples, respectively registered partnerships established abroad. The aim of the contribution is to summarize and stimulate a wider discussion on the issues addressed and to point out the fact that human rights must be guaranteed in a state of law, while their guarantee can be interpreted as a security granted to all and the rejection of discrimination. The lack of legal recognition for same-sex unions not only presents social challenges but also practical hindrances in daily affairs such as healthcare, taxation, and social security benefits, which can often be predicated on marital status. It is crucial to consider the implications of such legal gaps on the well-being of individuals who are part of same-sex couples, as well as their children. The evolving social fabric and changing attitudes towards same-sex relationships necessitate a reassessment of existing legal frameworks to ensure inclusivity and equality under the law. The continued efforts and discussions within the Slovak Republic highlight a growing awareness and potential for legislative change that aligns with the European consensus on human rights. Moreover, the exploration of legal avenues for recognition of same-sex unions must consider the dynamic nature of family structures in the contemporary context, where diversity in family units is becoming increasingly normative.

Take Companion Animals as an Example to Explore the Legislative Dilemma of Animal Welfare

By comparing the current animal protection laws and regulations at home and abroad, this paper points out the existing problems and legal gaps in China's animal protection laws and regulations, and focuses on summarizing the disputes and dilemmas in China's animal welfare legislation, namely the disputes in rights and the disputes in utilization and protection. This paper analyzes the meaning and feasibility of the theory of "abolition of use" and "limited use" in academic circles and briefly analyzes the impact of animal welfare issues on China's foreign trade and international cooperation, explains the necessity and importance of animal welfare legislation, and puts forward legal solutions with high feasibility. Then, taking companion animals as an example, combined with the previous analysis of the current situation of China's domestic law, specifically explained the disputes in the rights of companion animals and the dilemma of power empowerment, and put forward the problems in the utilization and protection of companion animals through practical examples, and finally put forward a more specific and comprehensive solution.

Legal-Jurisprudential Protection of Women in Cases of Spousal Unauthorized Psychological-Verbal Domestic Violence, A Narrative Review Study

Background: Intimate partner violence [IPV) in all its physical, mental, overt and covert forms is an important issue in terms of its consequences. Objective: This study aimed to provide legal-jurisprudential support for women in cases of spousal abuse and unauthorized psychological violence. Material and Methods: This review article is the result of reviewing the published evidence on the supportive aspects of unauthorized psychological-verbal IPV between 1995 and 2021 in Magiran, SID, Iranmedex Persian databases, and in Scopus, PubMed, Science Direct, and EBSCO English databases. To gather information first, articles and jurisprudential texts containing one of the words “verbal violence, domestic violence, spousal abuse, legal protection of women, law, Islam” in the title or text, alone or in combination, were searched for. Results: Twenty-three out of 58 studies related to legal-jurisprudential support for women in Iran in cases of psychological-verbal IPV were reviewed. Verbal psychological IPV, attack on the spiritual status of the wife, accusing the wife of sexual infidelity, insulting, using inappropriate instincts, harshness, humiliation, intimidation and misbehavior, the verbal threat of harassment, and even threat of murder, etc., were the instances of such violence. The Shari’a supported the wife with punishments of Solemn Imprecation, imprisonment, lashes, and fines. Conclusion: In addition to the current legal solutions, the main legal gap that causes the ineffectiveness of laws and the violation of women’s rights is the solution and removal of obstacles that, in practice and in court, have made it difficult to prove psychological-verbal violence against women at home.

The pharmaceutical patent process: National Health Surveillance Agency and National Institute of Industrial Property act differently in the process

The National Institute of Industrial Property (INPI) is the government body responsible for granting patents in the national territory; in the case of medicines, they need to be registered with the National Health Surveillance Agency (ANVISA) in order to be marketed. There was a divergence in legal interpretation (of Art. 229-C of the IPL) which caused damage to entrepreneurs, laboratories and the community in general, as there was no express provision as to whether ANVISA's opinion would be binding on the INPI's decision on patent issues. The aim of this research was to analyze this problem, raising its main points and demonstrating how dangerous and damaging bureaucracy and inefficient and obscure normative acts that give rise to dubious interpretation can be, based on the application of hermeneutic and dialectical methods. In 2021, the Superior Court of Justice (STJ), in Special Appeal n. 1543826, held that ANVISA's opinion would be a valid prerequisite for granting patents for pharmaceutical products or processes. It was found that the STJ decision increased ANVISA's "powers", but with the repeal of Art. 229-C of the IPL, the dilemma was extinguished and the competencies of each body re-established. It is therefore of the utmost importance to fill legal gaps and issue clear and specific laws so as not to leave room for harmful interpretations, guaranteeing original competences and legal certainty.

Climate Change Exacerbated Sexual and Gender-Based Violence: Role of the Feminist Foreign Policy

Feminist foreign policy (FFP) ensures the representation and participation of women both nationally and internationally. Initially, it aimed to focus on some special areas relating to women, peace and security especially sexual violence in conflict and women representation in peace process. Now, the ambit has been broadened and issues relating to climate change are also included. The research has already proved that women suffer double victimization as a consequence of climate change. Climate change exacerbates sexual and gender-based violence (SGBV), so, they face all types of consequences of climate change (CC) and natural disasters as human beings but they face SGBV in particular because of their gender. The FFP states respect for international law and efforts to address gender inequalities and violence. Unfortunately, the existing international law e.g. the CEDAW or human rights treaties etc. generally or law on climate change e.g. the UNFCCC, the Paris Agreement etc. specifically do not address the issue. Also, the interlinkage between climate change and SGBV has not been discussed earnestly. The FFP has been consistently pursued at the UNFCCC COP negotiations in the context of climate peace initiative etc and involved women especially local and indigenous in the decision-making process. Thus, the FFP can be one of the strongest global voices to end SGBV by ensuring women’s participation; addressing the legal gap; and advocating for the adoption of the gender-responsive law and policy both nationally and internationally. They can be a leader at the international level and a change-maker at the national level. This study has sought to explain how climate change exacerbated SGBV has emerged as a subject of FFP and how it can address the challenge of SGBV exacerbated by CC, the relevant legal issues therein and the road ahead.

Обеспечение прав участников уголовного процесса при проведении судебной экспертизы

The article studies relevant problems of protection of rights of parties to a criminal procedure in carrying out a forensic examination, describes the results of the human rights protection practice of the Commissioner associated with violation of rights of parties to a criminal procedure and gives recommendations for the elimination of legal gaps and improvement of criminal procedure laws.

A synthesis of wild animal-related trade laws in some of the world's most biodiverse countries

We examined the laws and legal provisions governing the commercial trade of terrestrial wild fauna across the trade chain in some of the world's megadiverse countries and how these relate to key animal welfare and conservation concerns. Over the past century, an increase in the quantity and complexity of laws related to commercial wildlife trade has been observed in the 11 focal countries examined. Our review identified 95 laws with 560 provisions adopted since 1910 across these countries. Surprisingly, the level of biological diversity in a country does not correlate with the extent of legislation addressing wildlife trade. Moreover, legislation is unevenly distributed across different stages of the wildlife trade chain, with more provisions on extraction and transportation compared to captive management. Notably, animal welfare considerations are relatively underrepresented in legislation related to wildlife trade, despite their broad implications for public health and economies. Urgent legislative action is needed to meet global biodiversity targets and respond to the challenges posed by the growing scale and complexity of the wildlife trade. Recommendations are made to streamline legislation, consider the legal status of wild animals, and address gaps in enforcement mechanisms. We conclude that alignment of national and international regulations is crucial for the effective protection of both wild animal populations and individual animals' welfare in the context of commercial trade. Further research is needed to assess the effectiveness of existing laws, bridge legal gaps, and address diverse concerns related to wildlife trade, including public health and the rights of local communities.

Alternative Resolution of Legal Vacances Guarantee of Aircraft Particularly Aircraft and Helicopters for The Interests Of Creditors In Indonesia

Since the enactment of Law Number 1 of 2009 concerning Aviation, replacing Law Number 15 of 1992, there has been a legal gap regarding guarantees for airplanes and helicopters in Indonesia, leaving creditors unprotected. While foreign creditors benefit from charges for international interests on aircraft, such as Irrevocable Deregistration and Export Request Authorization (IDERA), domestic creditors are left facing unjust conditions. To address this issue and provide legal certainty for creditors in Indonesia, one alternative is to use the provisions of the material guarantee law, including the use of guaranteed institutions like Fiduciary, and to reconstruct existing laws to allow for the granting of material security rights in the form of mortgages.