Legal Regulation Research Articles

Pre-trial procedures in disputes on the protection of intellectual rights

Pre-trial conflict resolution procedures do not cease to be in demand, and the development of their legal regulation does not lose its relevance. Disputes on protecting intellectual rights are no exception, and most countries have established special pre-trial procedures. However, specific difficulties emerge when applying the legal norms related to pre-trial conflict resolution procedures in disputes on the protection of intellectual rights, which can be clearly demonstrated while studying the Russian experience using the mentioned pre-trial procedures. The paper aims to analyze and define the peculiarities of pre-trial procedures in disputes on protecting intellectual rights in Russia. Using systemic approach, as well as comparative legal and formal legal analysis allowed author to define the peculiarities of pre-trial procedures in disputes on the protection of intellectual rights in the Russian Federation: special requirement on the mandatory pre-trial claim procedure is a departure from the general approach, according to which such procedure is required for disputes arising from transactions or unjust enrichment, and is probably due to the complexity of these disputes; in the administrative pre-trial procedure of dispute examination in the Chamber of Patent Disputes the parties have a wide enough set of procedural rights and opportunities, and the procedure is quite close to the judicial procedure, and in some respects even exceeds it.

Mediation and judicial conciliation in family disputes in Russia: Issues and perspectives for development

The article considers the factors influencing Russia’s insufficient spread of mediation and judicial conciliation. It is substantiated that eliminating these factors will contribute to the development of conciliation procedures. The article aims to analyze the factors influencing the insufficient spread of mediation and judicial conciliation in Russia and offers ways to overcome them. The authors applied formal legal analysis to investigate the legal regulation of mediation and judicial conciliation. A systemic approach was used to address the mediation and judicial conciliation issues in Russia and offer ways to solve them. The article gives examples from court practice illustrating positive results in the form of concluded amicable and mediation agreements with the court’s assistance in achieving reconciliation by the parties to the dispute and studies the terms of amicable agreements. It also substantiates the ability of family disputes to be resolved by mediation and reveals procedural violations, which courts allow when approving amicable agreements

Legal anomie in the sphere of alternative (out-of-court) dispute resolution

The study aims to identify the manifestations of legal anomie in the legal regulation of alternative conflict resolution in Russia’s legal system and, based on the analysis of regulation in foreign countries, to offer possible ways to minimize anomie manifestations. Dialectical, formal-legal and comparative-legal methods were used in the research process. The article considers the legal regulation of mediation in Russia in a comparative-legal aspect with foreign countries and analyzes the current legislation and practice of its implementation. The study also revealed anomalous manifestations at the institutional and other levels of Russia’s legal system. Declarative fixation of legal responsibility of mediators, as well as insufficiency of normative requirements to their professional level; absence of normative fixation of mandatory centralized bodies (associations) of mediators, which in turn generates insufficiency of corporate regulation of their activities. The study proposes to borrow foreign experience in the legal regulation of mediators’ certification. The study also makes proposals to improve the current legislation.

Legal regulation of confessional relations in Kazakhstan

Multinationalism and the presence of many different religious groups in the country can be causes of inter-ethnic and inter-confessional conflicts. A tool to help avoid them is the implementation of an effective legislative mechanism. The research aims to investigate the legal foundations of confessional relations in Kazakhstan, including constitutional norms, norms of laws and bylaws, and the provisions of international acts in the sphere of relations between the state and religion. The system of methods of scientific knowledge of different levels – from the most general methods to special methods of legal science – was used to implement the goal. The study, the model of state- confessional relations of the Republic of Kazakhstan, its basic principles, as well as the existing legal support of this model were analysed and conducted. The authors concluded that the legislation of the Republic of Kazakhstan regulating confessional relations partially corresponds to international normative legal instruments regulating freedom of religion. In addition, the study showed that the model of state-confessional relations in force in the Republic of Kazakhstan contributes to the observance of citizens’ rights to freedom of religion, the prevention of inter-confessional conflicts among religious groups within the country, and the establishment of peace. The practical significance of the results makes it possible to assess the effectiveness of the current mechanism of legislative regulation of confessional relations and to identify the main problems and ways to resolve them.

Decriminalizing Marijuana Use as an Alternative Medical Treatment

The discourse surrounding the legalization of Class I narcotics, particularly marijuana (Cannabis Sativa), as one of the alternative medical treatments, has been continuously debated for the past few years. Various studies have been advancing with technological progress, prompting some other countries to start legalizing marijuana for medical purposes with certain restrictions. In Indonesia, there is a clear law, namely Law Number 35 of 2009 concerning Narcotics, which imposes restrictions and prohibitions on the use of various narcotics. Violators of these regulations are subject to criminal sanctions. In this legal research, the author will conduct a literature study using a statutory approach, which involves examining all relevant laws and legal regulations related to narcotics and the legality of the policy on the use of Class I narcotics as alternative medical treatments, such as the 1945 Constitution of the Republic of Indonesia (UUD 45), Law Number 35 of 2009 concerning Narcotics, Law Number 17 of 2023 concerning Health, and Law Number 39 of 1999 concerning Human Rights. The research findings indicate that juridically, the Narcotics Law, especially Article 6 paragraph (1) letter a and Article 8 paragraph (1), prohibits the use of Class I narcotics for medical purposes, which is clearly contradictory to Article 28C paragraph (1) of the 1945 Constitution where every person has the right to develop themselves through the fulfillment of their basic needs, the right to education, and to benefit from science and technology, arts, and culture, for the purpose of improving their quality of life and the welfare of humanity. Furthermore, the Health Law does not specifically regulate the use of marijuana for medical purposes, but only addresses general regulations regarding the use of narcotics. It is hoped that the results of this research can become a reference for policy makers to legalize the use of marijuana as an alternative treatment.

The Urgency of Expanding the Position and Functions of the Vice President in a Presidential System: A Study on Article 4 of the 1945 Constitution

This research highlights the role and position of the Vice President within Indonesia's presidential system, which remains ambiguous compared to the clearly defined role and authority of the President. The lack of clarity in the division of duties and the poorly defined role often lead to overlaps or gaps in the responsibilities that the Vice President should fulfill. This can result in uncertainty in decision-making and the implementation of government programs. The presence of a Vice President should ideally add an extra layer of accountability within the government. However, if their role is unclear, the public may find it difficult to assess their performance and to hold them accountable for their actions or decisions. When compared to other countries' constitutions, such as the United States and the Philippines, the role of the Vice President is more defined, but the role of the Indonesian Vice President appears to be more dependent on the President's policies. In the 1945 Constitution of Indonesia, the role of the Vice President is only broadly outlined in Article 4 paragraph (2) and Article 8. This ambiguity causes the Vice President's authority to depend on the President's policies. This research utilizes legal regulation, conceptual, and comparative approaches to understand the Vice President's position and powers. The research findings indicate that the Vice President's role is intended to assist the President and has a primary role in assuming the President's position in accordance with Article 8 of the 1945 Constitution. However, the Vice President's role does not have absolute authority as their power depends on the President's policies and preferences. This creates a complex dynamic between the President and the Vice President, with the Vice President's authority merely shadowing the President's power. Upon examining Article 4 of the 1945 Constitution, the Vice President's role should emulate that of the Vice President of the United States. According to this provision, the Vice President, with support from the Ministers, has the authority to declare the President's incapacity to exercise power and presidential duties, and conversely, the President can make statements contrary to the Vice President's statements, complementing each other.

Legal Regulation of Entrepreneurial Activity in Special Economic Zones: Problems and Prospects

Legal Regulation of Entrepreneurial Activity in Special Economic Zones: Problems and Prospects

Digitalization of Legal Transformation on Judicial Review in the Constitutional Court

Efficient, affordable, and uncomplicated justice poses a complex dilemma within the Indonesian judicial system. However, applying technological advancements to assessing legal regulations can resolve this issue. This research aims to examine the necessity and implementation of digitalization in the Constitutional Court's judicial review process. This research utilized a normative legal approach, characterized by its prescriptive and applied nature, to examine the development and implementation of digitalization in the justice systems of the European Union, the United States, and the United Kingdom through comparative studies. The research results show that: first, technology in the Constitutional Court's judicial review process can most effectively promote openness and clarity in the decision-making procedure. However, there remain several areas in which the Constitutional Court must further refine itself to attain digital status, as inconsistencies persist in its practical rulings. Consequently, the Constitutional Court must increase the rate of digital transformation in its judicial review operations. Second, numerous other nations, including the European Union, the United Kingdom, and the United States, have observed the implementation of technological advancements, leading to enhanced transparency and accessibility in their justice systems. Thirdly, to overcome the challenges above, we must apply the fundamental principles of good judicial governance, procedural law at the Constitutional Court, the paperless principle, and the contactless service principle when developing digital transformation for future judicial review at the Court. This will enable us to achieve transparency and accessibility in the Constitutional Court's judicial system.

Techno-Functions and Safety Concerns of Plant-Based Peptides in Food Matrices.

Plant-based peptides (PBPs) benefit functional food development and environmental sustainability. Proteolysis remains the primary method of peptide production because it is a mild and nontoxic technique. However, potential safety concerns still emanate from toxic or allergenic sequences, amino acid racemization, iso-peptide bond formation, Maillard reaction, dose usage, and frequency. The main aim of this review is to investigate the techno-functions of PBPs in food matrices, as well as their safety concerns. The distinctive characteristics of PBPs exhibit their techno-functions for improving food quality and functionality by contributing to several crucial food formulations and processing. The techno-functions of PBPs include solubility, hydrophobicity, bitterness, foaming, oil-binding, and water-holding capacities, which subsequently affect food matrices. The safety and quality of foodstuff containing PBPs depend on the proper source of plant proteins, the selection of processing approaches, and compliance with legal regulations for allergen labeling and safety evaluations. The safety concerns in allergenicity and toxicity were discussed. The conclusion is that food technologists must apply safe limits and consider potential allergenic components generated during the development of food products with PBPs. Therefore, functional food products containing PBPs can be a promising strategy to provide consumers with wholesome health benefits.

POTENSI DISFUNGSI KETENTUAN PIDANA TENTANG PENGHINAAN TERHADAP ORANG MATI MENGGUNAKAN TEKNOLOGI INFORMASI

The honor of deceased people is protected by the Indonesian Criminal Code so that if there is defamation against him, the perpetrator will be punished. However, if defamation is carried out using Information Technology, it is not necessarily punishable, because there are differences in the media used. The researchers concluded that article 27 (3) the Information and Electronic Transaction Act can be used to prosecute perpetrators, but it turns out there are multiple interpretations in the legal regulations and the contents of the Joint Decree (SKB) of the Chief of Indonesian Police, the Attorney General and the Minister of Communication and Information which have the potential to make this article dysfunctional. It is necessary to examine the existence of Article 27 (3) as a basis for investigating and prosecuting perpetrators of criminal acts of defamation of deceased people using Information Teccnology, and the normative weaknesses of the SKB editorial in number 3 letters a and g. The doctrinal research method with a statutory approach is used to examine these 2 problems. Legal materials in the form of Article 27 (3) and its explanation, SKB, and other legal materials were analysed using content analysis techniques. There is no conflict between the contents and the explanation of Article 27 (3), so that it can be used as a basis for investigating and prosecuting perpetrators of defamation of deceased people. The contents of the SKB have multiple interpretations, there is a conflict between the contents of the SKB and the Explanation of Article 27 (3) because in number 1 the SKB only refers to the provisions of Article 310 of the Indoensian Criminal Code, not to defamation as regulated by the Criminal Code. The existence of this SKB has the potential to cause dysfunction of Article 27 (3) which is now Article 27A of the Information and Electronic Transaction Act as the basis for processing criminal law against perpetrators of defamation of deceased people using Information Teccnology. There needs to be a change in the contents of the SKB or a material review of the SKB is needed at the Supreme Court so that it is easy to apply Article 27A. Keywords: dysfunction, crime, defamation, information technology, deceased people

УПРАВЛЕНИЕ ЗАКУПОЧНОЙ ДЕЯТЕЛЬНОСТЬЮ В НОВЫХ РЕГИОНАХ РОССИИ

In 2022, the sphere of public procurement was replenished with new entities - customers of the Donetsk and Lugansk People's Republics, Kherson and Zaporozhye Regions, which became part of the Russian Federation. For obvious reasons, procurement regulation at the initial stage was established for them in a simplified manner. The paper analyzes the regulatory framework of procurement management in new regions of Russia, highlighting problematic issues arising for these customers from the change in the basis of legal regulation of the procurement of goods, works, services for state and municipal needs of these regions. It is noted that new Russian regions were able to achieve high results in terms of procurement volumes already in 2023. The scientific novelty of the work lies in the fact that for the first time in Russian science, the legal regulation of procurement in new regions of the Russian Federation, which became part of it in 2022, was studied and analyzed. The purpose of the paper is to analyze law enforcement practice and develop recommendations for use in procurement activities by customers in new territories, as well as when training specialists in the field of procurement for these regions. The work uses general scientific research methods: comparison, analysis, and the method of expert assessments.

Legal Regulation of Monastic Usury in Russia in the XV-XVII Centuries

Legal Regulation of Monastic Usury in Russia in the XV-XVII Centuries

Educational Applications of ChatGPT: Ethical Challenges and Countermeasures

To mitigate the ethical risks of ChatGPT in educational applications and fully leverage the advantages of AI-enabled education, this study draws on the principles of fairness and justice theory, ethics of care theory, social contract theory, consequentialism, and virtue ethics in ethics to explore the ethical challenges of ChatGPT’s educational applications and propose corresponding strategies. The research reveals that the ethical issues in the educational use of ChatGPT include algorithmic bias and unfairness in the domain of techno-ethics, lack of algorithmic transparency and interpretability, and issues of technical reliability and misleading information. In the context of academic ethics, concerns arise regarding the legitimacy of ChatGPT’s participation as an academic researcher, the potential for academic plagiarism and misconduct resulting from ChatGPT-generated content, and the limited value of the generated content itself. In terms of educational ethics, challenges encompass issues of educational fairness and equal opportunities, the potential alienation of teacher-student relationships, and the need to strike a balance between educational goals and personalized instruction. Therefore, addressing these ethical challenges and ensuring the fulfillment of its true purpose require approaches that encompass legal regulations and moral constraints, fostering awareness among individuals involved, and defending the essence of education while fostering innovation.

Organizational and Regulatory Aspects of the Telemedicine Technologies Use in Providing Health Care to Children and Adolescents with Mental Disorders in Russian Federation

Background: the need for remote delivery of diagnostic, treatment and correctional care has increased significantly due to the COVID-19 pandemic. At the same time, at present, remote forms of care in psychiatry cause ambiguous attitudes among representatives of the medical community, and many organizational, legal and clinical-methodological issues of the use of telemedicine technologies in the provision of medical care, especially in the “patient–doctor” format, remain insufficiently developed. The purpose of this review is to analyze the scientific publications on the organization and legal regulation of telemedicine consultation in the “doctor–doctor” and “patient–doctor” formats when providing assistance to children and adolescents with mental disorders in the Russian Federation. Material and method of review: according to keywords “child psychiatry”, “health care”, “telemedicine technologies”, “regulatory acts” Russian scientific studies published between January 2016 and September 2023 presented in the databases eLibrary and PubMed were selected and analyzed. An analysis of the organizational and regulatory parameters of telemedicine consultations in the “doctor — patient (legal representative)” format and in the “doctor — doctor” format was made based on the practical activities of the Center named after G.E. Sukhareva of the Moscow Department of Health. Conclusion: the review of scientific articles confirmed the validity of telecommunication technologies use to make accessible the children’s psychiatric care, as well as for destigmatization and improvement the quality of medical care. It was shown the need to optimise the regulatory framework, to eliminate conflicting regulatory requirements for primary telemedicine consultation.

The Construction of Financial Information Security Assessment Indicators based on Hierarchical Analysis Methods and Legal Regulation

The Construction of Financial Information Security Assessment Indicators based on Hierarchical Analysis Methods and Legal Regulation

Additional Measures to Support Families with Disabled Children

The article presents an analysis of certain legislative norms aimed at maintaining the stability of the legal status of workers with disabled children. Based on statistical data, some positive results of state policy in the field of social support for families with a disabled child are noted, a conclusion is made about the stabilization of the growth rate of child disability at the present stage in comparison with indicators of previous years, the importance of additional benefits and guarantees provided to employees with disabilities is emphasized. a disabled child, both at the federal, regional and collective bargaining levels of legal regulation of labor. The author substantiates proposals for improving certain norms of labor legislation regarding the procedure for providing additional days off to working parents with disabled children, which will strengthen the emerging trend of stabilizing the social situation of these subjects.

Everyday sociality, political protest and the commodity boundary in southern Africa

ABSTRACT This paper takes a sceptical look at the treatment of connected practices of commodification and consumption in some exemplary works of mainstream critical social theory that seek to identify cross-contextual historical logics linking economic action to socio-political life. Drawing on situated research from South and southern Africa that helps to complicate our understanding of these links, it argues that many influential claims in the mainstream critical literature remain poorly substantiated and pass silently over vast provinces of complex, situated thought and action. When analysing how markets function, recurrent critical tropes of highly manipulable consumer desire suffer from a tendency to argue by simple fiat, while also abstracting out the historically shifting forms of moral and legal regulation mediating commodification and consumption on most real-world markets. This paper also makes a case for greater scepticism towards categorical associations between market action and the reproduction of socio-political dispositions of power. Consumer behaviour undeniably can shore up distinction and domination, but it has often also been observed to tamper with them by indirect means, while concentrated consumer initiatives in the form of boycotts remain an under-theorised and largely forgotten form of resistance within mainstream critical social theory.

On some Aspects of the Work of the Faculty of Higher Education

The article is devoted to the issue of attracting teachers to carry out professional activities in higher educational institutions. Reform and optimization of higher education affects nature and conditions of employment of teachers of Russian universities. There is a decrease in the status and prestige of teaching. Legislative changes do not always contribute to increasing the prestige of the profession, as well as the desire of practitioners to transfer their experience to the younger generation in educational organizations. An important role in this is played by the requirements for persons applying for the positions of faculty of higher education. If you look at other problematic aspects of the legal regulation of the labor of education workers, taking into account the optimization of the labor process by the employer, then the status of a teacher of higher education does not become one of the goals of a future career for young professionals. It seems that a more thoughtful approach is needed to establish the requirements for the teaching staff of the university. To achieve the main task of vocational training, an effective system of replacing teaching positions should be established, taking into account the realities of our time.

Forensically Valuable Odonatological Records Documentation in an Era of Electronics: How Aware Are the Dental Fraternity?

ABSTRACT Background: Forensic odontology plays a pivotal role in the identification of victims in mass disasters with the help of “Preserved dental records” available to general dental practitioners (GDPs). Comparison of dental data obtained from the deceased person with dental data obtained by the dentist from the person’s file is a primary method of identification through dental evidence. Aim: We explored the practice of maintaining dental records among GDPs, as well as their knowledge of legal regulations and the application of dental records in forensic odontology. Materials and Method: Two hundred fifty dentists participated in an online survey. Questions covered general information on dentists, maintenance of dental records, and knowledge of legal requirements and forensic odontology. Results: Overall, 85.2% of dentists obtain and archive written informed consent, while 73.2% retain records in the form of dental cast. Generally, non-carious dental lesions and developmental dental anomalies were not recorded. About 90.8% of dentists use Fédération Dentaire Internationale (FDI) notation. Conclusion: The survey revealed different practices in the maintenance of dental records, including significant flaws and a lack of awareness of their forensic importance. This obvious need for additional education on the proper maintenance of dental records could be met by including forensic odontology in compulsory undergraduate courses and postgraduate dental education. Establishing national and international standards in dental charting would comply with contemporary trends in health care and the requirements of forensic expertise.

Fairness of Differentiation of Pension Provision for Medical Workers (Based on Judicial Practice)

The article is devoted to the manifestation of differentiation in social security law. It is concluded that it is necessary to more clearly define the criteria for this differentiation in order to justify and equitably redistribute benefits, taking into account the characteristics of specific population groups. Based on an analysis of judicial practice, the most typical cases of refusal of early pension provision due to the failure to include certain periods of work in the special insurance (“medical”) period of service have been identified. The example of early pension provision for medical workers shows some inconsistency in the legal regulation of the provision of this pension guarantee. It is proposed to determine and formulate the goal of early retirement provision for medical workers; to amend the Labor Code of the Russian Federation in order to clarify the consequences of establishing part-time work for the purposes of early pension provision.