Legal Regulation Research Articles

Legal Protection Against the Use of Brand Names for Geographical Indications on Trusmi Cirebon Batik

The importance of conducting this research is because there is an allegation of violation of the law against the object of Geographical Indication registered as a brand name by an entrepreneur using the name "Batik Trusmi" because it contains things related to geographical indications such as the place of origin of goods, production area, type of goods and character owned by a place. The purpose and purpose of this study is to research an alleged violation in the naming of a registered trademark because it uses a name that is identical to a geographical indication with logical legal reasons and grounds based on a legal perspective, analyzing the certainty of legal protection for the name "Batik trusmi" which is used as a trademark through legal discovery based on the perspective of existing legal regulations, and provides important information to see the facts through the legal science possessed by the author. The method used in this study is normative juridical to examine the problem of trademark infringement with normative research, and the material collection technique used is a literature study including laws, scientific articles, doctrines, etc. The study's results elaborated on the problem that, based on the legal sources collected, the naming of trusmi batik as a registered trademark is contrary to a general naming and a geographical indication naming. It was found that the trusmi batik artisan community has sought a form of protest against the naming of trusmi batik through trademarks in familial ways but has not met maximum results.

Reproductive health protection: medical and organizational measures and legal regulation

. The article presents an analysis of medical-organizational and state-legal factors affecting the reproductive health of the population. The state is interested in maintaining natural population growth. Changes in legislation in the field of reproductive rights are considered in order to provide effective legal guarantees for the implementation of the right to use reproductive technologies. The legal framework has been defined, as well as a set of therapeutic and preventive measures aimed at improving the reproductive health of the population. The state-legal protection of the reproductive health of citizens, the inclusion of reproductive rights in strategic planning documents indicate that reproductive health is considered an important factor in the development of the country.

Artificial intelligence, robot and neurotechnologies: concepts, relationship and limits of legal regulation

The growing influence of artificial intelligence, robotics and neurotechnologies on modern society increases the need to include in the legal system the rules governing the use of digital technologies and products based on them. This article attempts to establish how the concepts of “robot” and “artificial intelligence” relate to each other, as far as they are in contact with the field of neurotechnology. The author highlights the trends in the development of digital technologies, which will inevitably increase in the coming years, and outlines the boundaries within which the legal regulation being created today will be implemented.

Microplastics as a Threat to Aquatic Ecosystems and Human Health

The threat posed by microplastics has become one of the world’s most serious problems. Recent reports indicate that the presence of microplastics has been documented not only in coastal areas and beaches, but also in water reservoirs, from which they enter the bodies of aquatic animals and humans. Microplastics can also bioaccumulate contaminants that lead to serious damage to aquatic ecosystems. The lack of comprehensive data makes it challenging to ascertain the potential consequences of acute and chronic exposure, particularly for future generations. It is crucial to acknowledge that there is still a substantial need for rapid and effective techniques to identify microplastic particles for precise evaluation. Additionally, implementing legal regulations, limiting plastic production, and developing biodegradation methods are promising solutions, the implementation of which could limit the spread of toxic microplastics.

Democratic Values ​​in Education: A Study of Islamic Religious Higher Education in Indonesia

The reform era followed by the era of globalization and digitalization can affect the values of democracy in education, so special treatment is needed so that the values of democratization in education can be in line with the nation's ideals. The Independent Learning Curriculum is an innovation by the government to respond to challenges, adjust to the times, and implement democratic values effectively. The theoretical basis is used as a guide so that the research focuses on the facts in the field. Apart from that, the theoretical basis is also helpful in providing a general overview of the setting research and as material for discussing research results. This research method uses a descriptive qualitative approach. The library research method is used for data collection techniques. The research results show that the democratic values ​​implemented in higher education continue to be carried out by improving various academic and non-academic activities to improve the quality of learning. Democratic values ​​are not only implemented in curriculum innovation. Still, they are also implemented in student organizational structures and learning processes so that applicable legal regulations can run the implementation of democracy and the direction of education.

Административно-правовое регулирование надлежащего обращения с животными

The impact of the right to social relations is expressed not only in their actual regulation and protection, but also in building a system of moral values. Russian legislation regulating public relations in the field of proper treatment of animals needs to be improved. Gaps in legal regulation do not allow effectively countering environmental offenses not only from the standpoint of criminal and administrative legal protection, but also the development of moral values of humane interaction with other residents of the world. Modern legislation in this area is multi-level, which, however, does not give it a sign of consistency. It seems that at the federal level it is necessary to determine the conditions for keeping wild and domestic animals, handling stray animals, avoiding the use of assessment categories as much as possible. It seems expedient to regulate the most important issues precisely at the level of federal law. In connection with the inclusion in the Code of Administrative Offenses of the Russian Federation of norms establishing responsibility for a number of violations of the procedure for handling animals, it is necessary to bring regional acts in line with the provisions of the Code, excluding duplicate norms.

Correlation between Administration and Business

The article notes that one of the main strategic directions of the economic policy of the state is the full support of entrepreneurial activity, the creation of the necessary legal framework for administration to ensure economic independence and equality of entrepreneurs. It indicates the leading role of administration in providing these tasks. It is argued that the administration and the state of business in the country are interconnected phenomena. The article analyzes the state of legal regulation of relations between the state and business from the theoretical and practical side. The reader’s attention is drawn to the ways of state influence on business entities in order to protect the interests of business in the country. It is noted about the special role of administrative law in achieving a balance of public (state) and private interests (business). The authors reveal in detail the permission as a method of administrative and legal regulation of entrepreneurship in the country and give legal examples, statistics, judicial practice and public opinion on this matter, as well as reveal the licensing system of the Republic of Uzbekistan in the field of entrepreneurship. It is noted that the merit of the legislation on administrative procedures in the legal regulation of relations between the state and business. The topic under study is consolidated by the analysis of leading scientists in the field of administrative law, the experience of leading foreign countries, as well as the results of a survey of entrepreneurs regarding the implementation of the Law on Administrative Procedures. The topic under study is consolidated by the analysis of leading scientists in the field of administrative law, the experience of leading foreign countries, as well as the results of a survey of entrepreneurs regarding the implementation of the Law on Administrative Procedures.

Правовое регулирование полномочий публичной администрации и иных органов публичной власти в сфере обеспечения обороны и безопасности Российской Федерации

The article is devoted to the legal regulation of the activities of public administration and other public authorities in the field of ensuring the defense and security of the Russian Federation. The characteristic features of the functioning of the public administration segment in this area are revealed.

Термин «управление транспортным средством»: понятие и содержание

A study of the provisions of the current legislation made it possible to identify the lack of legal interpretation of the term «driving a vehicle». A comprehensive systematic analysis of legal regulation and materials of law enforcement judicial practice in the field of road traffic allowed us to formulate the author’s meaning of the concept of “driving a vehicle,” as well as the author’s recommendations aimed at improving the legal framework and law enforcement practice in the area under study. At the same time, the author proposes to introduce the specified term and its content into scientific circulation.

Административно-правовое противодействие чрезмерному употреблению алкоголя как метод охраны здоровья населения

The article is devoted to the issues of administrative and legal regulation of the prevention of alcoholism, treatment of alcohol abusers, as well as measures to suppress illegal behavior associated with the use and circulation of alcohol. The issue of changing the legislation regulating the work of medical sobering-up stations is raised, and issues of the competence of government bodies in connection with countering excessive alcohol consumption are also examined.

Legal issues in the implementation of maternal death surveillance and response (MDSR): a scoping review.

The Maternal Death Surveillance and Response (MDSR) system is designed to continuously identify and review all maternal deaths. It aims to assist countries in understanding the scale and distribution of maternal deaths, identifying their causes, and informing corrective measures to address the challenge. Despite the growing adoption of the MDSR by numerous low- or middle-income countries, its implementation faces various challenges, including legal ones. This scoping review was conducted to map legal issues and challenges that arise during the implementation of the MDSR. It adapted the Bain and Kongnyuy framework, categorising legal issues into data, people, use of findings, and legal regulation. Literature was retrieved from seven databases, complemented by additional online searches. We included studies published in English between 2010 and November 2022 that report on legal issues arising during the implementation of MDSR. Out of 1,174 studies screened, 31 were selected for review. The review highlighted the limited attention given to the legal dimension of the MDSR by the research community. It also documented the lack of adequate legal framework essential for the system's effective implementation. Inadequate safeguards for informational privacy and the lack of confidentiality reinforce a prevalent sense of being blamed, mainly among health workers. Consequently, widespread underreporting and intentional misattribution of causes of maternal death, defensive referrals, and disengagement from the MDSR process were reported. We recommend that implementing countries regulate the gathering and use of MDSR data through suitable laws and legally ensure that the MDSR data are only used for the intended purpose. Appropriate complaint-handling mechanisms are needed in health systems to prevent the misuse of the MDSR. Future studies on MDSR implementation would benefit from involving legal experts, considering the multifaceted legal dimensions of the MDSR.

CONCEPTUAL FOUNDATIONS AND PRINCIPLES OF LEGAL REGULATION OF DECENTRALISATION IN SELECTED EUROPEAN COUNTRIES AND UKRAINE

Background: This research paper aims to enhance theoretical understanding and explore the conceptual foundations and principles of legal regulation of decentralisation. Establishing a well-defined categorical apparatus is an important prerequisite for drafting effective legal regulation, and decentralisation is no exception. A precise understanding of this concept allows for the development of clear stages of its implementation in national legislation. No less important is the proper formulation of the principles of legal regulation of decentralisation. These principles allow further development of a system of legal regulation that will ensure the autonomy of local self-government. Methods: The study provides a comparative analysis of the principle of decentralisation implementation experience in such countries as Belgium, Italy, France, Lithuania, Poland, Ukraine and the United Kingdom, which have chosen both centralised and decentralised forms of public administration. The paper employs a multi-faceted methodology to analyse legal aspects of decentralisation in countries under study, focusing on the observance of the European Charter of Local Self-government standards and the evolution of constitutional frameworks of decentralisation. This approach includes a comparative analysis of constitutional models of decentralisation and their historical backgrounds, as well as an analysis of the practical application of decentralisation and recentralisation as phenomena in modern national policy. Particular attention is given to the influence of the martial law regime on these processes in certain countries. Results and Conclusions: The main research findings clarify the primary problems of European standards of local-self-government implementation in studied countries. They highlight the distinction of specific approaches to decentralisation, including its combination with deconcentration, devolution or even centralisation of power. Additionally, the research provides an analysis of the historical aspect of the development of the constitutional framework for decentralisation. Lawyers and legislators can use these insights to improve the effectiveness of legislation regarding local self-government development in the studied countries.

PREJUDICE AS A MEANS OF PROOF IN CRIMINAL PROCEEDINGS IN UKRAINE: A COMPARATIVE ANALYSIS WITH CONTINENTAL AND COMMON LAW SYSTEMS

Background: During the preparation of the CPC of Ukraine in 2012, the issue of legal regulation regarding the use of prejudice in the process of criminal procedure proof received little scholarly attention. Although much time has passed since then, this subject of discussion remains largely unexplored in textbooks and manuals on criminal procedure published after the adoption of the codified act. Even within the few scholarly investigations dedicated to prejudice in criminal proceedings, a communis opinion doctorum on some issues related to the means of proof has yet to be achieved. This article aims to clarify the concept, formulate its characteristics, uncover the significance of prejudice in Ukraine’s criminal procedure, and distinguish peculiarities of legal regulation and the use of this means of proof in criminal procedure law of countries with continental and general systems of law. Methods: The methodological basis of the article is a dialectical approach to the scientific understanding of social phenomena. In writing this article, general scientific and specialised legal methods of cognition were also used, including analysis, generalisation, structural and functional methods, hermeneutic methods, doctrinal or specialised legal methods, and comparative legal methods. Results and conclusions: It has been found that prejudicial significance is attributed to legal acts that summarise the outcome of criminal procedural activities in specific criminal proceedings. These legal acts include final judgments and rulings of the court and unrevoked decisions of the interrogator, investigator, detective, and prosecutor. Prejudice encompasses not only relevant facts and circumstances but also legal conclusions regarding them. The principleof free evaluation of proof allows the parties to come to different legal conclusions than those made in the previous criminal proceedings, with proper argumentation of their legal position. The use of prejudice in criminal proceedings of civil law jurisdictions is based on the doctrine of res judicata, while in common law systems, it is based on the doctrine of collateral estoppel. Examples from the criminal procedure of Poland, Greece, Italy, and the USA illustrate the specific features of using this means of proof.

International Legal Framework for the Creation, Use and Conservation of Bioresource Collections

This article presents a detailed analysis of global and regional regulation related to the creation, use, research and conservation of biological (bioresource) collections and discusses the main trends in its development. Key approaches to the regulation of activities in the field of biological (bioresource) collections based on an analysis of acts of the European Union (EU), Organization for Economic Cooperation and Development (OECD), Commonwealth of Independent States (CIS), Eurasian Economic Union (EAEU) are identified. While there are no international treaties that deal directly with biological (bioresource) collections at the global level, various agreements in force cover important regulatory aspects concerning the creation, use, research and conservation of biological (bioresource) collections. These aspects include (1) providing access to genetic resources; (2) technology transfer and rights over such resources and technologies; (3) financial aspects; (4) standards for the conservation of genetic resources. The corresponding international treaties concluded at global and regional levels imply both integrated and sectoral approaches to the regulation of biological (bioresource) collections (e.g., international treaties regarding crop genetic resources). The conclusion highlights the need to take into account the approaches elaborated within the framework of international and regional integration law in order to improve the relevant legal regulation in the Russian Federation.

Программно-целевое управление территорией геопарков: правовые и экономические аспекты

The authors analyzed the legal problems of organizing geoparks in Russia. The research methods are the comparative legal method. The main results of the study include the fact that the authors proposed a model of the legal status of geoparks. The novelty of the work is justified by the fact that there are practically no publications in the scientific legal environment devoted to the organization, creation and development of geoparks. Attempts are being made in the constituent entities of the Russian Federation to adopt regional legislation on geoparks, the provisions of which, in some cases, contradict the norms of Russian environmental and other sectoral legislation. The conclusions of the work are as follows. It is necessary to adopt a special federal law in which it is necessary to introduce the concept of "geopark". The legislation on geoparks should specify the possible organizational and legal form of the created geoparks, or the governing bodies of the created territory in accordance with the current federal legislation and the legislation of the subjects of the Russian Federation, as well as the goals of creating geoparks, namely: protection of valuable geological objects; attraction of the local population to small and medium-sized businesses. It is proposed to provide provisions on the mechanism for ensuring the implementation of investment projects by the state and private investors in the territories of geoparks, to work out the mechanism of territorial zoning of geoparks, to consolidate the system of principles of legal regulation in the field of creation, management and development of geoparks and preservation of geological heritage.

Civil Regulation of Genomic Data Sharing

The legal regulation of relations concerning genomic information has undergone several transformations over recent years in the Russian Federation. Not only is a universal approach towards the regulation of such relations in civil law, including regarding the possibility of sharing such information, currently lacking, the concept of genomic information remains poorly defined as an object of civil rights. A special legal regime for big genomic data capable of processing with the help of artificial intelligence technologies is also lacking in the current legislation of the Russian Federation. Considering the great potential value of genomic data for all of humanity, and the need for the sharing of such data, a proposed balanced approach will ensure the sharing of genomic data with proper protection of personal non-propertyand other rights. Thus, the present work sets out to identify the specific features of genomic data sharing. When determining the civil legal regime for genomic information and genomic data, a balance between public and private interests can be ensured by maintaining personal non-property rights, ensuring the confidentiality of personal data, and obtaining consent for the dissemination of information in accordance with the law. However, in order to do this, it is necessary to distinguish conceptually between genomic information about a particular person and the genomic data on the basis of which such genomic information is obtained. The civil legal status of human biological material should be determined along with regulations for its processing to obtain genomic information at the same time as defining the legal regime for regulating biobanks in which such human biological material can be stored.

ОРГАНИЗАЦИОННО-ПРАВОВАЯ РЕГЛАМЕНТАЦИЯ СТАТУСА СЕЛЬСКОХОЗЯЙСТВЕННОЙ ПРОДУКЦИИ В ПРОДУКТОВЫХ ЦЕПОЧКАХ

The article deals with the issues of organizational and legal regulation of the status of agricultural products in food distribution chains. The typification of agricultural producers' products is presented in accordance with the requirements of current legislation defining the technological features of the production of such products. Its distribution according to the main specific subjective characteristics is shown: organic products, products with improved characteristics and farm products. The main legal and organizational problems affecting the formation of demand for agricultural products and the process of forming supply chains of various types of products that must be produced with certain requirements for technological processes that affect its qualitative characteristics are identified.

Peculiarities of Legal Relations in Genomics

The intertwining of technological manipulations of the human genome with other contemporary developments in biological science, medicine and law results in the need for adequate legal regulation of these areas. The article considers the development of legal relations in genomics within a humanistic biosocial and political-legal framework. Genomic legal relations are shown to gradually acquire a norm-referenced nature inherent in the present stage of biosocial development. Important current questions in humanistic thought include freedom of choice, protection of human dignity, and the development of awareness in the use of modern medical achievements. Due to the need to consider biomedical technologies, including cloning, the use of stem cells, euthanasia, and genetic profile of a person, contemporary biojurisprudence is fast becoming a cutting-edge field in the development of legal understanding.

Regulatory Legal Acts Pertaining to the Transplantation and Manufacture of Medical Devices from Human Organs and Tissues

The need to include specialized norms of modern Russian law in legislation governing the manufacture of medical devices from human biological material is considered on the example of normative legal acts regulating relations. A retrospective analysis of the development of legal regulation in the field of the use of human biomaterial in medicine, reveals the origins of the discussed issue. Current legislation in the Russian Federation in the field of organ and tissue donation for the purposes of transplantation and the use of human biological material for the production of medical devices is examined taking a specialized legal approach. A current lack of legal regulation in this area is revealed. While some issues associated with the use of human biomaterial for the manufacture of medical devices are fixed at the level of by-laws, the production of medical devices and biofabricated products is hindered by a lack of legal regulation in these areas of contemporary medicine. Required improvements in the legal foundations of regenerative and reconstructive medicine in the Russian Federation will involve the development of an independent federal law that includes norms and definitions for delimiting the provisions of regenerative and reconstructive medicine in related fields of medicine. As well as distinguishing between basic concepts in the fields of replacement-, regenerative- and reconstructive medicine, the definitions of these concepts must be consolidated in normative legal acts. Proposed definitions related to medical technologies and the use of human biomaterial are presented in the form of a new terminological glossary of innovative technologies involving the use of human biological material.

Assessment of farmland fragmentation and the role of the legal regulations for the prevention of farmland fragmentation in Türki̇ye

This research delves into the urgent issue of farmland fragmentation in Türkiye, highlighting the necessity for farmland consolidation and the crucial role of legal regulation in preventing farmland fragmentation. Despite official data revealing an average farmland size of 7.0 parcels per household in 2016, small-scale farms persist. This issue, a significant obstacle for the agricultural sector, requires immediate attention. Given the uneven land distribution, the study employed mixed methods using primary and secondary data, revealing the need to increase the average farm size. The findings underscore the urgent nature of land fragmentation, exacerbated by population growth and lack of motivation in agricultural employment opportunities. Addressing these issues is not straightforward, as they involve legal complexities. However, the research proposes that land consolidation projects and regulations authorising land transfers based on farm size, revenue, and economic integrity could significantly alleviate arable land fragmentation due to inheritance and sales. The study also highlights the potential positive impact of these new regulations on land tenure, land management, local land markets and land resources sustainability. These findings are pivotal for comprehending the current state of land fragmentation and its implications for the agricultural sector in Türkiye.