Legal Regulation Research Articles

Towards the fair regulation of all coca leaf derivatives in Colombia

Purpose The purpose of this study is to envision the possible path to regulation of the coca leaf and its derivatives. There are a range of possible coca derivatives that could be considered for the broader market and which could be conceived of as risk and harm reduction interventions, as well as have other nutritional and industrial uses. Design/methodology/approach The methodology consists of a historical analysis of the advances in alternative uses of the coca leaf within a commercial market in Colombia as a means of providing greater economic capacity to communities that cultivate the plant, while exploring the nutritional and industrial benefits of the plant. Findings Low-risk products, such as coca leaf and coca tea, could be regulated under the same criteria as coffee or other caffeinated beverages. With a more diverse range of products on the market, consumers can make more informed decisions about their consumption, particularly regarding the associated risks and the effects they desire. Practical implications The legal regulation of coca leaf products implies the creation of a regulatory government agency specialized in the subject, as well as monitor and evaluate the cultivation and processing of products. The production of the coca leaf would still be in the hands of the cultivating communities but would fall under the control and monitoring of the government. Social implications The legal regulation of the coca leaf could have strong impacts on cultivating communities to guarantee their human rights and provide greater protection. Various industries have expressed an interest in using coca leaf derivatives and could represent economic opportunities for communities that cultivate. Originality/value Minimal work has been done on the regulation of coca leaf although there are some international examples that could be relevant in Bolivia and Perú. There is a need to continue exploring the multiple uses of the leaf to reach greater international consensus on its rescheduling.

Safety evaluation for mixed traffic flow of CAVs with different automation and connection levels

With the development of connected communication and automated driving technologies, connected automated vehicles (CAVs) are expected to gradually replace human-driven vehicles (HDVs), owing to their significant safety advantages. However, widespread adoption of CAVs will still require a considerable amount of time due to constraints such as technological development, legal regulations, and social acceptance. During the transitional period of CAVs’ proliferation, road traffic will comprise vehicles with different levels of connection and automation. These vehicles will differ in technology regarding communication, perception, decision-making, and other aspects, potentially posing severe challenges to mixed traffic flow safety. To address this issue, this paper proposes a mixed traffic flow model from both automation and connection perspectives to consider time delay and communication degradation. Four safety evaluation metrics are employed, and three-speed scenarios are set to investigate the influence of connection levels, automation levels, and their combined effects on mixed traffic flow safety. The result shows that (1) low automation enhances traffic safety in a non-connected environment, whereas medium and high automation decreases traffic safety. Conversely, in a connected environment, the role of automation levels exhibits the opposite pattern. (2) non-connected vehicles enhance traffic safety in a low-automated environment, while connected vehicles diminish it. However, connection level effects are reversed in medium and highly automated environments. (3) In connected and automated environments, traffic safety is increased by non-connected and low-automated vehicles, connected and medium automated vehicles, and connected and highly automated vehicles. However, other vehicle configurations decrease traffic safety. (4) Across various scenarios, the integration of connection and high automation proves beneficial for reducing traffic collision risks and improving traffic safety. In summary, this study provides theoretical support for managing and controlling mixed traffic flow with different automation and connection levels in the future.

ЗАДАЧИ ПО ПРЕДОТВРАЩЕНИЮ ПРИРОДНЫХ ЧРЕЗВЫЧАЙНЫХ СИТУАЦИЙ НА АКВАТОРИИ МОРЕЙ РОССИЙСКОЙ АРКТИКИ (ПО МАТЕРИАЛАМ МОРСКОЙ ДОКТРИНЫ РОССИЙСКОЙ ФЕДЕРАЦИИ)

This article provides an overview of the main organizational and managerial tasks to ensure protection from natural emergencies during marine activities in the Arctic zone of the Russian Federation. The main mechanism for ensuring the safety of maritime economic activity in the Arctic is called the prevention of emergency situations by forecasting them. The problems of natural (climatic extremes) emergencies are emphasized, the main directions of obtaining predictive information, scientific and scientific-technical activities, and the tasks of legal regulation are briefly outlined. The guideline for the presentation of the topic of the article is the Maritime doctrine of the Russian Federation – a strategic act of the Head of state, which contains the main provisions on the principles and mechanisms of maritime activities in the Russian Federation. The result of this study is the positioning of emergency forecasting as an inseparable segment of activity in the Arctic from the economy.

ВОПРОСЫ СОВЕРШЕНСТВОВАНИЯ НОРМАТИВНОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОПЛАТЫ ТРУДА (ДЕНЕЖНОГО ДОВОЛЬСТВИЯ) СПАСАТЕЛЕЙ И ПОЖАРНЫХ, РАБОТАЮЩИХ (ПРОХОДЯЩИХ СЛУЖБУ) В АРКТИЧЕСКОЙ ЗОНЕ РОССИЙСКОЙ ФЕДЕРАЦИИ: ПРАВОТВОРЧЕСКИЙ АСПЕКТ

The article considers legal incentives in the field of remuneration (monetary allowance) of firefighters and rescuers of the Arctic group of EMERCOM of Russia, in order to identify the existing problems of regulation. The study systematized the guarantees and compensations provided for by the legislation in the designated area, conducted a comparative analysis of the legal regulation of the relations under consideration for various categories of employees (employees) of EMERCOM of Russia in terms of modern goals and objectives of state policy in the Arctic, taking into account differentiation by territories of the Arctic zone. Some differences have been established in the procedure for applying a percentage supplement to the wages (monetary allowance) of rescuers and firefighters, which are not due to the peculiarities of the legal status of these entities, but are a consequence of the fragmentation of legal regulation. A number of proposals have been formulated to improve the applicable legislation.

The possibilities of big data in pharmacoepidemiology, problems of use, legal regulation

The growth of digitalization in medicine has significantly expanded the possibilities of using big data in pharmacoepidemiology. The use of big data makes it possible to reduce the cost of clinical research, increase the speed of recruitment and expand the sample, makes it possible to evaluate the effect of drugs in pregnant women and effectiveness in rare diseases. The databases PubMed, Scopus, Web of Science and Google Scholar for 12 years from 2012 to 2023, United Nations documents, World Health Organization, Federal laws of the Russian Federation in the field of artificial intelligence, protection of confidential information, and clinical research were analyzed. The search was carried out by keywords: «big data», «registers», «pharmacoepidemiology», «personal data», «legal regulation», «protection methods». The article provides examples of the use of big data in healthcare, including from 25 to 50 million people. The analysis of the literature data revealed the same type of problems – the lack of uniformity in the introduction of information, incomplete information, limited availability. The review identifies the problems of protecting the confidentiality of information. The mechanisms of information standardization, storage, and data processing are considered. The international and Russian legislative framework regulating the conduct of clinical trials using big data is presented.

Federal Territory: Constitutional and Legal Regulation Development

This article examines the legal status of federal territories as public law entities in the Russian Federation, which emerged as a result of the 2020 constitutional reform. This article discusses issues related to constitutional terminology, the constitutional-legal status, and legal regulation of federal territories, along with an analysis of the practice implementation of the constitutional provisions governing these territories. The specific features of existing federal territories in the Russian Federation and in foreign countries are also reviewed. The necessity for further development of the novelty introduced by the Constitution of the Russian Federation regarding federal territories is underscored, including a discussion on the unique tax regime applicable to these territories. The article employs several scientific methods, including the comparative-legal method and the formal legal method, with additional methods such as analysis and synthesis also utilized. Conclusion: Despite the short period between the establishment of the first federal territory and the development of its legal framework, several distinctive characteristics have also emerged in Russian legislation. An analysis of Russian constitutional law reveals key features in the exercise of public authority in this new public law entity. When comparing approaches to public authority in other countries, the models of India, Brazil, and Canada were chosen for comparison. It was found that Russia’s form of public authority within federal territories is unique and does not fully align with any of the models seen in these foreign states. However, Russian legislation currently lacks a comprehensive law that regulates federal territories as a whole. At present, the only federal territory established in the Russian Federation is the Sirius federal territory, and its legal status is governed by the federal law “On the Federal Territory ‘Sirius’”. This highlights the need for further development of a broader normative framework that regulates the status of the federal territory. Such a framework would not only solidify the legal status of the Sirius federal territory but also provide for future federal territories yet to be formed

Current State and Emerging Trends in Financing Law Development

The current state of financial law is primarily defined by its subject matter. In contemporary conditions, the subject of financial law has evolved significantly, driven by the active development of its structure and, most notably, the emergence of new financial and legal institutions within decentralized finance. These institutions include state and municipal unitary enterprises, state and municipal institutions, state corporations, and public law companies. The growth of decentralized finance has been a prominent trend in the modern era, with considerable potential for further expansion. Financial and legal regulations, in general, serve to safeguard the public interests of the state and municipalities. However, it is important to acknowledge that, with the expansion of decentralized finance, the subject of financial law, considered the most fundamental indicator of the current state of this legal branch, should be understood not only in terms of the financial activities of the state and municipalities but also concerning the financial activities of entities, including non-state actors, that are tasked with executing public functions.

Ten-year comparison of the efficiency of legal regulations of foodborne pathogens in broilers in Türkiye

Broiler meats are the primary source of foodborne pathogens, such as Campylobacter jejuni and Salmonella spp., and E. coli O157. The illegal use of antibiotics for preventive purposes or the habit of using broad-spectrum antibiotics in farms causes antibiotic resistance in these pathogens. This study compared C. jejuni, Salmonella spp. and E. coli O157 and their antibiotic resistance patterns in broiler meats in 2011-2012 and 2021-2022. The research we conducted in 2011-2012 to observe the effectiveness of the legal regulations enacted in Türkiye in 2014 and 2018 for controlling pathogens and monitoring the use of antibiotics was also repeated with a similar sample set in 2021-2022. The results showed the prevalence of C. jejuni, Salmonella spp., and E. coli O157 in 2011-2012 and 2021-2022 with 68.0%, 30.4%, 0.8% and 10.08%, 7.77%, 0.21%, respectively. The antimicrobial susceptibility tests against gentamicin, streptomycin, erythromycin, ciprofloxacin, enrofloxacin, tetracycline and oxytetracycline were performed by agar disk diffusion method. According to results in 2011-2012, all C. jejuni and Salmonella spp. were resistant to at least one tested antibiotic, with 31.57% Salmonella spp. and 16.47% C. jejuni being multidrug-resistant. In addition, one of the E. coli O157 strains was resistant to one antibiotic, and the other was resistant to two antibiotics. In 2021-2022, 81.3% C. jejuni, 46% Salmonella spp., and only one E. coli O157 were resistant to at least one tested antibiotic. Isolated strains of 8.33% C. jejuni and 21.62% Salmonella spp. were multidrug-resistant. In the past, antibiotics were used for preventative purposes, as indicated by the survey results. Today, it is evident that these rates have decreased to low levels as a result of legal regulations and monitoring.

Impact of International Law Fragmentation on the Development of Integration Processes

This article analyzes the relationship between the phenomenon of fragmentation of international law and integration processes aimed the modern global transformations. Various approaches to understanding the fragmentation of international law are considered, including its causes, forms, and consequences. The article examines how fragmentation impacts the functioning of international integration entities, the development of interstate relations, and the effectiveness of international legal regulation. Particular emphasis is placed on the role of fragmentation as a conducive factor for the advancement of international integration and the establishment of specialized legal regimes within integration associations. Consequently, the degree of fragmentation in international law within established regions correlates with the level and depth of integration. In the current context, the fragmentation serves as a favorable element for participating states in fostering their integration interactions. In addition, international law functions as a crucial instrument for regulating these integration processes. The methodological foundation of this article comprises well-established general and specific methods of scientific research. The article’s purpose and objectives are to investigate the degree of influence and the nature of the interaction between the fragmentation of international law and modern international integration processes.

Promising Directions for Modernizing Legal Regulations on Non-Custodial Sentences and Criminal Measures

The reduction of criminal repression has gained recognition in modern criminal law, embraced not only by proponents of humanistic principles in criminal justice but also by advocates of a rationalistic approach to maintaining law and order in society and the state. A prevalent trend in modern penitentiary policy is the expansion of legal boundaries and practices involving criminal penalties and measures not involving the isolation of convicts from society. Strategic planning documents for the development of the penal system of the Russian Federation emphasize ongoing modernization efforts, particularly the adoption of alternative state coercive measures to imprisonment. However, an analysis of law enforcement practice reveals divergent trends that characterize the current state of penitentiary policy. Understanding these trends demands careful attention from the scientific community, legislators, and law enforcement authorities.

REGULAÇÃO LEGAL DAS REDES SOCIAIS: PROTEÇÃO DE DADOS E LIBERDADE DE EXPRESSÃO

The legal regulation of social networks is a field in constant evolution, which seeks to balance two fundamental pillars in the digital era: data protection and freedom of expression. Social networks manage a huge amount of personal data, which makes the existence of legal frameworks that protect users’ privacy imperative. Regulations such as the General Data Protection Regulation (GDPR) in the European Union and the General Data Protection Law (LGPD) in Brazil establish strict standards on how platforms must manage personal information. These laws not only allow users to access, correct or delete their data, but also impose sanctions on companies that do not comply with these requirements, ensuring a high level of security and transparency. At the same time, freedom of expression is a fundamental right that must be protected in the digital environment. However, exercising this right on social media often conflicts with the need to moderate content that may be considered offensive, dangerous or even illegal. Platforms implement moderation policies to mitigate the spread of hate speech, misinformation, and other harmful content. This, however, creates significant challenges in relation to censorship and the delimitation of permitted speech, which can affect the free expression of ideas and opinions. The challenge lies in finding an appropriate balance between protecting users’ privacy and data and enabling robust freedom of expression. An excessive focus on data protection can limit users’ ability to express themselves freely, while unrestricted freedom of expression can put individuals’ security and privacy at risk. As social media becomes more deeply integrated into everyday life and becomes a key platform for communication and the exchange of ideas, it is essential that regulations continue to adapt to address these dilemmas in a balanced and fair way. The future of regulation in this field will depend on the ability of legislators and platforms to adapt to rapid technological and social changes. ensuring that both rights are protected effectively and equitably.

International Legal Guiding Principles for State Activity in Cyberspace

The rapid development of information technologies and the emergence of cyberspace as a new domain of state activity raises critical questions regarding the regulation of state actions within this space under international law. It is evident that international law applies to cyberspace; any contrary approach would create a legal vacuum, implying that states lack international legal obligations related to cyberspace and undermining state sovereignty in this new realm. Given that states are the primary subjects of international law, denying their applicability to cyberspace is existentially untenable. Despite the clear applicability of international legal principles to cyberspace, international law, like law in general, is often rigid and fails to keep pace with rapid technological advancements. Consequently, a key challenge in the international legal regulation of cyberspace is the specific application of international law in these contexts. This leads to several fundamental questions: How do the fundamental principles of international law apply to cyberspace? What is the effect of sovereignty in cyberspace? How are cyber operations attributed to the state? How is cyber-armed conflict regulated? This article addresses these fundamental issues of international legal regulation in cyberspace. Based on the findings of this research, draft guiding principles for state activity in cyberspace were proposed, which could serve as the foundation for an international methodological document, offering an alternative to the unrepresentative Tallinn Manual and potentially paving the way for a future universal international treaty in this area.

Problems of legal regulation of land tax under martial law in Ukraine

The article analyzes the peculiarities of land tax administration during the martial law regime. It is emphasized that in today's conditions, the payment of land tax has a significant role in forecasting and forming the revenue side of local budgets. In this article, the author reviews and analyzes such type of local budget revenues as land tax. Special attention is paid to the changes in tax legislation implemented during the martial law. The article emphasizes the complex character of the issues related to the calculation and payment of land tax under martial law, and the need for rational approaches of the legislature to resolve contradictory manifestations of legislative provisions.

Organizational and Legal Grounds for the Activities of the Prikaz System of Central Government in Russia (Late 15th — First Half of the 16th Century)

The paper presents an author’s analysis of the organizational and legal basis of the prikaz system that was formed in the Russian state at the end of the 15th — first half of the 16th centuries. In the period under review, the previously existing palace and patrimonial system of organs, aimed at solving the applied tasks of ensuring the management of the princely court, but assuming the presence of boyar estates, could no longer effectively respond to the challenges the state faced. There was a need for centralized state control and management bodies. Prikazes were such bodies. At the same time, the level of development of law made it possible to give both the prikaz system itself and its functioning normative features. The sources of that time not only mention certain bodies and positions, but also establish the foundations of their legal status: a place in the system of government and administration, rights, obligations, responsibility. Of course, such a consolidation, that was fundamentally different from the previous approach to this issue, at the end of the 15th — the first half of the 16th century was not systemic and comprehensive. At the same time, it is obvious that it had already taken shape. The authors considered the signs of the origin of legal regulation of both the organizational structure of prikazes and the procedure for their functioning. According to the results of the study, it is concluded that at the end of the 15th — the first half of the 16th century organizational and legal foundations of the prikaz system of the Russian state had already begun to form on the basis of key regulations of that time — the Judicial Code of 1497 and the Judicial Code of 1550. Acting under the control of the sovereign, the prikaz system acted as the core in the management of the united state. The fundamentals of the functioning of orders laid down by the legislator provided effective leadership and a systematic approach to solving domestic problems.

Legal Aspects of Demographic Policy in the Russian Empire

The paper provides a legal analysis of demographic processes in Russia in a retrospective aspect during the pre-revolutionary period. The solution of demographic problems in the Russian Federation at the present stage is possible only taking into account the historical and legal experience of state legal regulation of public relations in the demographic sphere, including in the Russian Empire, taking into account positive historical and legal traditions. It should be borne in mind that demographic processes influence the possibility of making and implementing management decisions at the national and regional levels. State legal demographic policy is an integral part of the legal policy of the state as a whole. The paper examines the stages of the formation of demographic policy in the Russian Empire, its place, role, and goals. The author defines demographic processes, demographic policy, and its modern representation in the norms of law. The paper describes correlation between social policy and demographic policy of the State. The importance of the development and State support of demographic policy in particular and social policy in general is determined. The author analyzed several laws of the Russian Empire adopted from the 18th to the 20th centuries, determined features of demographic and social policy. The author takes into account statistical data of the 1897 census that became the first general census of the population, which determines the quantitative and qualitative composition of the population of the Russian Empire. The paper investigates major reforms in labor relations, health care, pension reforms.

Experience in applying large language models to analyse sociological data obtained as a result of interviews on students’ perception of entrepreneurial activity

Modern society is experiencing a digital transformation of various spheres associated with the development of artificial intelligence and big data. The introduction of large language models (hereinafter referred to as LLM) into scientific research opens new opportunities, but also raises a number of questions, which makes it relevant to study the peculiarities of their application for qualitative data analysis in sociology. The purpose of this article is to explore how LLM can influence the methodology and practice of sociological research, and to identify the advantages and disadvantages of their application. The authors rely on the use of the Calude-3 LLM to qualitatively analyse empirical data from a sociological study of students’ perception of ­entrepreneurship. The possibilities of LLM in the analysis of qualitative data are revealed: analysis of sentiment, construction of logical conclusions, classification, clustering, and formation of typologies. The advantages of using LLM are shown: increased data processing speed, saving time and resources. The application of LLM becomes a tool to optimise the research process in sociology, allowing to deepen the analysis of qualitative data, but it also has a number of limitations: social and political bias, difficulties with hallucinations. It is necessary to increase the transparency of models, improve their interpretability and explainability and reduce their social and political bias as well as ethical and legal regulation of the use of LLM models.

Implications of Personal Data Protection Law in Consumer Health Data Management to Improve Secure and Confidential Handling in Indonesia

The purpose of this study is to understand the impact of the implementation of the Personal Data Protection Law (PDP Law) on the management of consumer health data in Indonesia, with a focus on enhancing secure and confidential handling. In the midst of the rapidly evolving digitalisation era, the management of personal data, especially those related to health information, requires strict and effective legal regulation. This is becoming increasingly urgent given the increasing incidents of data leaks and privacy violations, one of which occurred in the leak of the Indonesian Ministry of Health's server which collected 6 million patient medical record data. The research method used is normative juridical with a conceptual approach and a statutory approach, where secondary data is broken down into three different types of legal materials, namely primary, secondary, and tertiary legal materials. The PDP Law and Consumer Protection Law are the primary legal sources, accompanied by the use of relevant literature as secondary legal sources as well as dictionaries and encyclopedias as tertiary legal materials to further explain. The novelty of this research lies in the comprehensive analysis of the existing regulations and their applicability in the health context, as well as considering the increasing public awareness of their rights to personal data. The results show that although challenges such as uneven technological infrastructure and lack of awareness among health staff still exist, the measures taken through the PDP Law have created a strong foundation for better health data protection in the future, improving security and confidentiality in health data management.

Az anyanyelv használatának joga és annak érvényesülése a magyar büntetőeljárásokban

Aim: The goal of this study is to review Hungarian and international legal instruments in order to assess the relevant standards in this field. Enacting proper legal regulations, however, does not necessarily mean that the requirements of language assistance are also enforced in practice. Another goal, therefore, is the review of the relevant caselaw. Methodology: This study reviews the relevant standards through the review of the relevant Hungarian legal regulations, as well as of the applicable human rights and EU legal instruments. The practical enforcement of the right to language assistance is analysed through the caselaw of the Hungarian Constitutional Court and regular courts. Findings: The present Hungarian Criminal procedure code defines the right to language assistance and the use of translator and interpreter in details. The European Convention on Human Rights and the relevant Directive of the EU also regulate this right. After examining the relevant legal standards it becomes apparent that the present Hungarian legal regime provides more rights and offers a higher level of protection than what is required by the European standards. The consistent jurisprudence of the Constitutional Court considers the right to use mother tongue a crucial element of the equality of arms, an essential part of the right to fair trial. The caselaw of courts show that though there are some cases in which appeals also concern the use of mother tongue, the vast majority of these claims are not relevant for the merits of the case. Value: The right to translation and interpretation is one of the main principles of criminal procedure. The right to language assistance is crucial for ensuring fair trial. In summary, the enforcement of the right to use one’s mother tongue meets the standards provided for in legal regulations and the jurisprudence of the Constitutional Court, but in this field continuous analysis is required in order to ensure compliance at all times.

Integrating Artificial Intelligence into Cybercrime Investigation: Challenges and Future Directions

Computer and social networking whereby criminals use the Internet to propagate criminal activities are some of the major challenges faced by existing policing strategies. Modern-day crimes include hacking into computer systems and stealing money from consumers, ransomware, identity theft cases, and hacking, all of which use the dark web and encryption. In this regard, artificial intelligence (AI) is the most efficient solution for improving the manner of cybercrime investigation. This paper also analyses how AI technologies such as machine learning natural language processing, and deep learning can be incorporated in cybercrime investigations and how they can assist in dealing with difficulties concerning data volume, complexity, and encryption. The advantages of utilizing AI are numerous from pattern recognition to repetitive tasks cutting down the investigation time. However, the paper recognizes that applying AI in business brings legal, technical, and ethical concerns including; privacy, bias, and legal constrictions. This research analyses existing legal frameworks of India, the EU, and the United States while looking at how it would be possible to incorporate AI into cybercrime investigations without violating the rights of a citizen. Further, it reveals infringement and possible bias, as well as unlawful use for violations, and recounts drawbacks related to the lack of resources and expertise that police departments confront. In the final section of the paper, directions for future research focusing on the use of AI in the fight against cybercrime are given in addition to that, the practice of cooperation with different countries, legal regulation of such activities, protection of ethical issues, and training of personnel are described. They are useful in making sure that the levels of artificial intelligence benefits are achieved fully without compromising security and the basic rights of an individual

Certain Issues of Legal Regulation of Staffing of the Special Military Operation

Certain Issues of Legal Regulation of Staffing of the Special Military Operation