Legal Measures Research Articles

Problems of Countering Terrorism in the Decisions of the Constitutional Court of the Russian Federation

The paper elucidates the problems related to various aspects of counter-terrorism activities in Russia. This activity involves the use of a set of political, socio-economic, information and propaganda, legal, special and other measures, the possibility of introducing a legal regime for a counter-terrorism operation, as well as ensuring the restoration of the rights of persons affected by the actions of terrorists. The author examines the content of the legal standing of the Constitutional Court of the Russian Federation concerning the forms and methods of antiterrorist activities, including the criteria for evaluating the legal restrictions applied in this case, their admissibility and proportionality. Special attention is paid to constitutionally significant aspects of the consideration of criminal cases on terrorism, problems of anti-terrorist protection of transport and other infrastructure facilities, issues of social protection of military personnel, law enforcement officers and other persons engaged in countering terrorism. The author explains the significance of the legal standings defined by the Constitutional Court of the Russian Federation, the nature of their impact on law-making and law enforcement activities in the area under consideration.

Analysis of Chinese Environmental Legal System and International Legal Frameworks on Supporting Green and Low-Carbon Development

The aim of this study is to analyze the Chinese legal system and international legal frameworks on supporting green and low-carbon development, one of the strategies adopted to achieve sustainable development while effectively addressing climate change. However, different projects and measures supporting green and low-carbon development may affect one another if legal and policy measures are not well established and implemented. Globally, different international instruments highlight various commitments that guide the implementation of green and low-carbon development. At the domestic level, China has numerous plans and policies aimed at achieving these goals, and both international and domestic measures on green and low-carbon development are interdependent. This study found that China has different environmental laws that can advance green and low-carbon development. However, these laws often lack specific references to “green and low-carbon development,” a phrase that appears primarily in policies. This gap may lead to a lack of coherence between those policies and the absence of specific institutions dedicated to these goals. This study recommends that specific laws can be enacted from different existing Chinese plans and policies to ensure a coherent and long-term framework for green and low-carbon development. With the existence of such a law, responsible institutions will be established, and the enforcement of policies and plans related to green and low-carbon development will be ensured.

Ефективність заходів щодо запобігання дорожньо-транспортним пригодам: огляд сучасних стратегій та підходів

This article investigates the problem of road traffic accidents (RTA) and reviews current strategies and approaches to prevent and reduce them. The significance of this problem is that the health of road users and the safety of vehicle traffic on roads is one of the most important global societal issues, especially with the continuous growth in the number of vehicles and the pace of urban activity. The article examines various aspects of road traffic accident prevention, including legal, technical, psychological and educational measures. It analyzes current trends in the development and implementation of road safety programs, as well as successful practices to reduce the number of accidents and injuries on the roads. Based on a study of the effectiveness of various strategies and programs aimed at reducing the number of accidents and casualties in traffic accidents, the article provides information on which measures are most effective and how they can be implemented in different contexts. In addition, it emphasizes the importance of cooperation between the authorities, public organizations and citizens in implementing road safety. The article also discusses in detail the importance of preventive measures, which may include educational campaigns and awareness-raising activities on vehicle safety on the roads. It also analyzes the legal norms and penalties for violations of traffic rules and the possibility of studying and using the experience of other countries, in particular Poland, in ensuring the safety of vehicles on the roads. The concluding part of the article discusses the prospects for the future development of road safety systems and the challenges that may arise in the future. The findings of this study can be useful for policy makers, researchers, and road safety professionals to improve road safety and reduce the number of road traffic accidents.

Labor rights of citizens as a subject of prosecutorial supervision: a historical excursion

The article discusses current issues of the genesis of prosecutorial supervision over the observance of labor rights of citizens in the world in general and in Russia in particular until the twentieth century. The purpose of the work is to understand the stages and determinants of the development of this method of protecting the labor rights of citizens. As a result, the author comes to the conclusion that there is a dependence of the forms and methods of protecting the rights of workers by the prosecutor on the development of the legal understanding of the employee’s labor status and changes in the regulation of the activities of the prosecutor’s office, related both to the establishment of the place of the prosecutor’s office in the system of protection of labor rights and to changes in procedural legislation in the specified area. The results of the work are of scientific importance because they allow us to streamline knowledge about the application of state legal measures to protect the rights of workers, and are also significant for the development in the future of a system for effective protection of the labor rights of citizens by government agencies.

CRIMINOPENOLOGICAL ANALYSIS OF THE LEGAL STATUS OF IMPRISONMENT OF LIBERTY: BELARUSIAN RESEARCH EXPERIENCE

The legal regulation of deprivation of liberty as a measure of criminal liability is not limited to criminal law rules on its purpose and other application. Punishment by imprisonment is associated with a whole complex of regulatory norms of criminal executive, criminal procedural and other sectoral legislation. A conclusion is made about the complex nature of the formation of the legal status of deprivation of liberty and on this basis a di erentiation is made of the elements that form it, depending on their functional purpose, in uence on the content and nature of the origin of other legal institutions and measures of criminal law. Theoretical foundations of penitentiary criminopenology are being developed, which allows us to talk about classifying deprivation of liberty as a type of punishment as a penitentiary type of criminal liability. This direction creates the prerequisites for a comprehensive solution to the problem of saving penalization, including penitentiary repression at all stages of its regulation (from the establishment of criminal law sanctions to full implementation in relation to a speci c convict). The system of penitentiary criminology is revealed as an independent direction in the doctrine of punishment by deprivation of liberty, its subject and main parameters are determined. Certain aspects of the social, criminal-political, criminological and criminal-legal conditionality of the nature of di erentiation and individualization of criminal penitentiary repression are considered. The content of punishment in the form of imprisonment is analyzed in terms of measuring the parameters of penitentiary criminology. On this basis, the content of the protective task of criminal law in the conditions of the development of the social state and modern society is clari ed.

Правовые меры обеспечения права на благоприятные условия жизнедеятельности при комплексном развитии территорий

This article examines the content and essence of the right to favorable living conditions, as well as its correlation with environmental rights and sanitary habitat rights. The author examines the specifics of legal measures to ensure the rights to favorable living conditions within the framework of the integrated development of territories, including the decision on the complex territorial development and the development of master plans.

STRENGTHENING THE SOCIAL AND MORAL CONTEXT OF THE IDEA OF HUMAN RIGHTS AND FREEDOMS IN THE UPDATED CONSTITUTIONS OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF BELARUS

The article focuses on the constitutional changes in the Russian Federation and the Republic of Belarus, aimed at the protection of spiritual and moral values. It is concluded that in the current conditions there is a clear retreat in Western countries from the recognition of the absolute nature of personal (inalienable) rights, and, on the contrary, the adoption of legal measures to limit them and even to establish responsibility for those actions that do not t into the formed mainstream, which is con rmed by the facts of discrimination on the basis of nationality, use of native language, restrictions on freedom of religion, freedom of movement, as well as property rights and others. The author consolidates with the position of those scholars who believe that values are the highest level of social regulation, the basis for the development of personality and maintenance of legal order in society. Attention is drawn to the similarity of the new constitutional norms of the Russian Federation and the Republic of Belarus in terms of strengthening traditional family values, the formation of respect for the feat of arms of the people during the Great Patriotic War, the need to honor the memory of the defenders of the Fatherland, to ensure the protection of historical truth and others. The analysis of amendments and additions to the constitutions of the Russian Federation and the Republic of Belarus convinces us of the desire of our states to preserve the basic constitutional values, to strengthen them, to provide for measures aimed at preventing emerging threats to the unity of society and the erosion of public consciousness.

CORRELATION BETWEEN SOLVENCY OF SERBIAN AGRICULTURAL SECTOR AND INVESTMENTS IN ENVIRONMENTAL RESPONSIBILITIES

Whether investment in environmental protection is conditioned by the solvency of agricultural companies, due to the growing importance of environmental sustainability, is the topic of this paper. The goal of the research is to determine, on a sample of 40 agricultural companies, whether investment in environmental protection is conditioned by solvency in a three-year period. Solvency, which is relatively good in the sampled companies, is not correlated with investment in the environment, in the analyzed time period, based on the quantification of descriptive data from the annual report. The level of disclosure of the environmental dimension of the sustainability of agricultural companies in Serbia is at a very poor level and the ESG reporting concept is necessary. The research indicates non-compliance with the legal obligation of non-financial reporting on environmental protection of agricultural companies, which indicates that educational, legal and regulatory measures must be urgently taken in order to make the reporting as representative as possible.

Problems and prospects for reducing statelessness in the Republic of Kazakhstan

The article discusses the problematic issues of legal regulation and statelessness reducing practice in the Republic of Kazakhstan. Statelessness reduction is considered as a political, economic, and legal process that is important for the legal state, in which universal standards in the citizenship sphere are implemented. The research purpose is a comprehensive analysis, theory and practice synthesis of reducing statelessness in Kazakhstan, as well as identifying the problems of reducing statelessness legalregulation and developing ways to solve them. The research is carried out by general scientific and special legal methods, theoretical provisions and legal norms analysis and generalization. The statelessness reduction is considered as a political phenomenon with a legal form. On the comparative legal method basis, the main trends in the development in “reduction of statelessness” institution at the present time are revealed. The main result of the research is the provision on the need to improve legal measures aimed at reducing statelessness in Kazakhstan legislation. To conclude, it is proposed to supplement the family law legal norms, legislation on citizenship and by-laws that determine the stateless person legal status.

Platform work and traditional employee protection: The need for alternative legal approaches

Paid work via digital platforms (so-called crowd work and gig work) is gaining in importance in Europe. Platform workers often suffer poor working conditions. Most platform companies treat crowd and gig workers as self-employed or independent contractors and, thus, normally protective labour laws do not apply. In response, initiatives have been taken through case law and legislation to extend the reach of the traditional employmentship to platform work. For example, the German Federal Labour Court ( Bundesarbeitsgericht) reclassified and treated platform workers as employees in high-profile rulings, which are discussed in more detail below. The recently adopted EU Directive on Platform Work enshrines a legal presumption of employment for platform workers. Regulations have also recently been introduced in EU Member States that subsume platform workers under the concept of employee. However, as argued in this article, legal and judicial initiatives aimed at extending the employee status often have limits given the market dynamics and de facto adaptation and circumvention strategies used by platform businesses. Moreover, traditional labour law protection does not always seem to be suitable for tackling the complexities and peculiarities of the various types of platforms. The following theses therefore seem worth discussing: 1. Extending employee status to platform work appears promising if this is already anchored in the socio-economic reality and if a consensus can be reached between the social partners in this regard. An existing example is the Spanish riders’ law, which pursues a sectoral approach and was supported not only by trade union organisations but also by employers’ associations. 2. In addition, the creation of a substantial core of social rights for platform workers, irrespective of employment status, should be strongly focused and legally brought forward. The long-standing scholarly discussion about alternative regulatory approaches to forms of work in the legal grey area between dependent employment and self-employment should be revived and made fruitful for the new phenomenon of digital work platforms. 3. Thirdly, self-regulatory Corporate Social Responsibility (CSR) initiatives by platform companies to improve working conditions should be encouraged by legislators and policymakers. As will be shown later in this article, a wide range of CSR efforts by the platforms already exist. In order to counter the risk of window dressing, the platform business operators’ own initiatives should be made effective through appropriate flanking legal measures and public pressure.

Measures to Counter Cruelty to Animals: Issues of an Inter-Sectoral Approach

Until recently, liability for cruelty to animals was provided for in Art. 245 of the Criminal Code of the Russian Federation. Administrative and legal measures for it were established in a number of constituent entities of the Russian Federation. The establishment of federal regulations governing the responsible treatment of animals has necessitated the establishment of these measures at the federal level. The problem was partly resolved in 2023 as a result of the addition of administrative legislation with rules establishing liability, including for the above acts. This article is devoted to the assessment of these norms, in connection with criminal law norms, with an emphasis on some problematic provisions that can cause difficulties at the level of law enforcement practice. They relate, in particular, to the subject of offenses, the content of the act, their subject, and the subjective side.

Disinformation, influence, and hybrid threats: thoughts from Singapore

Abstract This article details Singapore’s efforts against disinformation and state-sponsored subversion. The methods examined include both legal and non-legal measures that have been enacted (with the broader canvas, also examined, of what other nations have attempted to shore up their own defences). The article also discusses economic coercion: the issue is not in itself new, but has in recent years been tinged with added potency on account of the wider geopolitical struggle for the commanding heights between the United States and China. Some consideration is also given at the conclusion to the way forward: what nations need to do in the face of emergent challenges (including generative AI) which might further complement the already impressive toolkit of malign actors.

Social and Psychological Impact of Child Abuse

Child abuse is a common and worrying problem that affects many children in South Sudan. This paper highlights a variety of forms of child abuse, such as physical abuse, neglect, sexual offence, emotional damage, slapping, shaking, throwing, kicking, biting and burning. The paper discusses the risk factors and people who are involved in child abuse, as well as the position of early detection and intervention. Furthermore, it examines the long-term consequences of child abuse, such as physical, mental and health issues, weakened social relationships, and increased likelihood of engaging in risky behaviors. Again, the paper stresses the need for multi-dimensional interventions, which include legal measures, public awareness campaigns, and support services, to fight child abuse and protect the rights and safety of children. Any national damage or mistreatment to a child under 18 years old is considered child abuse.

Redefining Duty of Care: Challenges and Solutions for Network Service Providers

With the rapid development of Internet and algorithm technology, how to judge the "duty of care" of network service providers has become a new problem in the field of network infringement. The main topic of this paper is to focus on what kind of duty of care network service providers should bear, and how to solve the problem of responsibility division and commitment in practice. It begins with a comprehensive analysis of the current legal frameworks in China, comparing them with global standards, particularly focusing on the United States' "Safe Harbor" principle and the European Union's Digital Single Market Copyright Directive. It further discusses the challenges of enforcing the duty of care, emphasizing the variability in judicial interpretations and the difficulties in applying traditional legal principles to modern digital contexts. It highlights the need for clearer definitions and preemptive legal measures to mitigate infringement risks, as demonstrated by proactive copyright declarations like those implemented during the 2022 Beijing Winter Olympic Games. Additionally, it examines the potential misuse of the duty of care in competitive business environments, suggesting judicial and legislative strategies to prevent abuse and ensure a fair application of the law. The conclusion advocates for a collaborative approach to reforming duty of care standards, involving a range of stakeholders from legislators to copyright holders, to ensure they are robust yet flexible enough to accommodate future technological developments.

Exploring the psychological and emotional burden of compulsory acquisition: a case study of New Akrade-Mpakadan, Ghana

PurposeThis paper aims to explore the psychological, emotional and equity implications of compulsory acquisition, evaluate the adequacy of compensation in mitigating those consequences and assess the sustainability of cash compensation for future generations.Design/methodology/approachA case study approach was operationalised to investigate the experiences of 40 project-affected persons (PAPs) four years after a compulsory acquisition project in Ghana’s New Akrade-Mpakadan region for the construction of a railway line. These perspectives were analysed through descriptive statistics and thematic analyses using the NVivo software. Figures and a holistic framework were adopted to report the identified issues.FindingsOverall, only 25% of PAPs received formal communication prior to the acquisition, and only 10.3% have been fully compensated four years later. Despite the acquiring body initiating the marking of properties and compensation assessment in 2019, no payments were made until 2021. This induced emotional responses of distress, loss, uncertainty, stress and sadness, which was further exacerbated by feelings of hopelessness because there was no platform to voice concerns or pursue arbitration. Although PAPs were only offered compensation in the form of single monetary payments, a third would have preferred re-settlement.Research limitations/implicationsBy exploring the emotional and psychological effects of compulsory land acquisition, the study adds a new dimension to understanding its consequences. This may spark more interest, debate and discourse amongst researchers and policymakers and lead to the creation or enhancement of existing policy and legal measures to address the needs of PAPs in compulsory acquisition projects in developing countries.Originality/valueThe financial consequences of eminent domain are well documented, but this study explored the psychological, emotional and equity implications of the practice under conditions of weak regulatory frameworks. The adequacy of single lump-sum compensations was also explored to highlight preferred alternatives to ensure fairness for generations unborn.

Features of differentiation and individualization of criminal liability of women

Gender specificity and the special social status of women determine a slightly different approach to the implementation of criminal liability than other categories of persons. In this context, we are talking about differentiation and individualization of the criminal liability of women. Through an analysis of the main features of criminal liability, tools that are important for implementing a differentiated approach and individualizing criminal liability are identified, in particular criminal punishment and other measures of a criminal legal nature. It has been established that the criterion for differentiation is the gender aspect, which is reflected in the amount and types of punishments and other criminal legal measures applied to women. In turn, the criterion for individualization is taking into account the characteristics, specific needs, and problems of individual categories of women. In this regard, female criminals are divided into separate subcategories depending on a number of criteria, which are: age, health, ability to work, reproductive function, etc. In a particular study, the emphasis is on taking into account the reproductive function of a woman. The final part of the work presents a number of recommendations for improving criminal legislation in the field of implementing a differentiated approach to the implementation of criminal liability for women.

Exploring the Path of Personal Information Infringement Governance by Web Crawlers

In the era of big data, the explosive growth of data information, network crawler as a new type of data search engine came into being, and gradually become indispensable technology. However, with the continuous penetration of crawler technology, related infringement problems have gradually surfaced. This topic starts from the definition and technical application of network crawlers, further analyzes the specific forms of network crawlers’ personal information infringement, and discusses and summarizes the shortcomings of the legal governance measures involved, and finally draws on the experience of overseas and combines the views of relevant scholars, proposes to improve the relevant legal provisions and clarify the division of responsibility; introduces the rule of balanced trial; establishes the criteria for the reasonable use of data by crawlers; creates a “cyclical protection system”; establishes the “data protection system”; and establishes the “data protection system”. The proposal to establish a cyclical protection system, establish a “data protection officer”, set up an independent regulatory body, form an internal and external linkage mechanism, and then build a scientific governance system for scientific governance.

Deconstructing racial code words

AbstractRacism has become more covert in post-civil rights America. Yet, measures to combat it are hindered by inadequate general knowledge on what “colorblind” race talk says and does and what makes it effective. We deepen understanding of covert racism by investigating one type of discourse – racial code words, which are (1) indirect signifiers of racial or ethnic groups that contain (2) at least one positive or negative value judgment and (3) contextually implied or salient meanings. Through a thematic analysis of 734 racial code words from 97 scholarly texts, we develop an interpretive framework that explains their tropes, linguistic mechanisms and unique roles in perpetuating racism, drawing from race, linguistic and cultural studies. Racial code words promote tropes of White people’s respectability and privilege and Racial/Ethnic Minorities’ pathology and inferiority in efficient, adaptable, plausibly deniable and almost always racially stratifying ways, often through euphemism, metonymy and othering. They construct a “colorblind” discursivity and propel both “epistemic racism” (racism in knowledge) and systemic racism (racism in action). We further strengthen applications of Critical Race Theory in sociolegal studies of race by presenting a “racial meaning decoding tool” to assist legal and societal measures to detect coded racism.

PROPOSALS FOR THE LOCATION OF SOCIAL PROTECTION INSTITUTIONS FOR THE ELDERLY IN THE URBAN ENVIRONMENT

The article discusses the design of social protection institutions in China, their main urban planning directions, which must be based on the current state regulations of the PRC, as well as the DBN (State Building Norms) of Ukraine mentioned in the article. The urban placement of social protection institutions is subordinate to the strategy for the development of the spatial system of settlements. This system of state-guaranteed economic, social, and legal measures provides elderly people with opportunities to overcome the limitations of life activities by creating specialized institutions where inclusive spaces are formed. Defined approaches to the urban placement of these institutions within the city structure include locations in green zones of central city parts, suburbs, and recreational areas of towns and rural settlements. The placement, capacity, and sizes of land plots for social protection institutions must be determined based on the design task, taking into account the requirements of such Ukrainian regulatory acts as: DBN B 2.2-12:2018; DBN B. 2.2-5:2011; DBN V.1.1-7:2016; DBN B 2.3-18:2007; DBN V. 2.2-9: 2018; DBN V. 2.2-16: 2007; DBN V. 2.2-40:2018; DBN V. 2.2 - 10: 2022; DBN V.2.2 -13: 2003; DBN V. 2.2 -16-2018; DBN V. 2.2 - 25: 2009; DBN V.2.2- 11:2002. The location of social protection institutions depends on the chosen development plot because these facilities require adjacent areas to have natural greening, which will facilitate the conduct of rehabilitation and rehabilitation processes within these institutions. The area of green plantings, which will include lawns, flower beds, fruit gardens, and vegetable gardens, must constitute no less than 50% of the plot area of the social protection institution building.

The Member States in the EU Food System: National Regulatory Options for Sustainable Food Offer, Food Consumption and Food Environments

AbstractThe Framework for Sustainable Food Systems law will either not be published at all or after a long delay. Whereas the first part of the article constructs an empirical and theoretical underpinning about why the EU Member States should therefore act on food sustainability, the second part focuses on what legal measures Member States can take.In the first part, leaning on food systems thinking, we argue that in the absence of EU action in the matter, the Member States remain the most potent lever for taking regulatory action on addressing sustainability in the food system.In the second part, the article provides an exploratory study of potential national legal instruments for making domestic food systems more sustainable, with an emphasis on the regulation of offer and consumption of foods and food environments. The article discusses the following legal instruments in the context of EU law and Member States’ room for action, with examples from a comparative perspective: public procurement purchasing by governments, product composition requirements, fiscal measures, non-fiscal pricing instruments, labelling & certification, marketing, and the regulation of private and public food environments. The article further concludes that it may prove useful to better enshrine the food sustainability paradigm in law at national level.