Legal Status Research Articles

Stored collections of museums: an overview of how visible storage makes them accessible

Purpose This study aims to provide an overview of the dimension of stored collections displayed in visible storage and to indicate the main factors which hinder their accessibility. Design/methodology/approach This study is based on quantitative analysis: a survey was conducted through the offices of International Council of Museums and direct invitations to 2,558 museums located worldwide. Findings The study estimated 32% on average the share of stored collections displayed in visible storage. The analysis provides a picture of how many stored items are made accessible in visible storage across the continents, according to the collection’s type and size and the museums’ legal status. In addition, several aspects of visible storage are investigated to highlight whether or not it truly enables museums to achieve accessibility of their stored collections and which factors might hinder the accessibility. Amid them, the foremost factors involve the inadequacy of resources, such as the lack of staff (71%) and poor budget (68%). Because of it, museums are prone to setting up offsite storage (37%), often 16 km far from the city centre, thereby questioning the concept of accessibility itself. Research limitations/implications One major limitation of this study is that it does not consider people’s standpoints. Therefore, the author recommends that future studies focus on what people opine on visible storage, such as their appreciation of the display format, the behind-the-scenes, their need for interpretation and the degree of satisfaction with their information needs, as well as their perception of the size of stored collections. Practical implications These findings suggest that museums could take action in areas whereby the data demonstrated weaknesses in terms of accessibility. For instance, museums could set up a shuttle service or arrange public transportation service to allow people to visit offsite storage. Additionally, financial accessibility might be achieved by not charging some groups (elderly, students, etc.). Social implications The topic of stored collections and their accessibility has crucial social implications because not displaying collections triggers inequality amid social groups of excluded people and a small elite. Originality/value This study focuses on visible storage as a possible solution to enhance the accessibility of collections and indicates to what extent visible storage provides this accessibility. On the contrary, previous research did not estimate how much visible storage impacts the accessibility of stored collections.

Advance directives need full legal status in persons with dementia.

Currently, in the United States, there is no legal obligation for medical professionals or civil courts to uphold patients' Advance Directives (ADs) regarding end-of-life care. The applicability and standing of ADs prepared by Alzheimer's patients is a persistent issue in bioethics. Those who argue against giving ADs full status take two main approaches: (1) appealing to beneficence on behalf of the Alzheimer's patient and (2) claiming that there is no longer any personal equivalence between the AD's creator and the subject of the AD. In this paper, I present profound arguments against both approaches. Firstly, I argue that the principle of beneficence cannot apply in the case of Alzheimer's patients, and, secondly, that the moral and legal authority of the AD need not depend on strict equivalence of personal identity. I conclude by arguing that valid ADs protect the dignity and autonomy of Alzheimer's patients and that, therefore, there are moral obligations to uphold ADs which should be reflected in public policy and legislation.

Digital Financial Assets: Concept and Legal Nature

Tokens and other digital technologies, in essence, can be considered neither property nor objects of civil law, nor are they inherently a part of civil rights per se. These technical solutions acquire a corresponding legal status only when they become an object of such legal relations. When this occurs, they are considered digital assets and are consequently subject to legal regulations. The legal nature of tokens is amatter of much dispute: some define them as objects of civil law, while others view them as a means to confirm the rights to a legal object. This article aims to prove that tokens can serve both functions. In most cases, tokens serve as a means of confirming rights to certain tangible objects (for instance, tokens as a means to secure civil rights). In this function, tokens for cryptocurrencies and digital securities, however, become legal objects in and of themselves because they play a part in legal relations (that is, tokens serve as a legal object). Tokens can be objects of absolute and relative rights. The common law doctrine treats an absolute right to cryptocurrencies and digital securities as a property right. Continental law, on the contrary, cannot include them in the property rights category since property within this legal framework is always tangible. Digital assets, however, are intangible. Therefore, they are not property. This article suggests that digital assets are objects of a new absolute right that is similar to property rights, except for one distinction: an object is not necessarily a thing. Based on the authors’ concept, this new right can be referred to as an absolute digital right.

REIMAGINING LEGAL AID INSTITUTION REGULATIONS TO ENHANCE LEGAL CLARITY

Purpose: to examine in depth the current LBH establishment arrangements. In addition, this study aims to formulate a regulatory formula for the formation of LBH that is appropriate and in accordance with the applicable legal context, with the main aim of realizing better legal certainty in supporting the mission of LBH in providing legal assistance to the community.   Methods/design/approach: This research uses qualitative methods with a prescriptive research approach by describing data findings, both primary and secondary data, that have been processed and analyzed.   Results: This research found that the regulations for the establishment of LAI/LAO in Indonesia need to be clarified, especially in terms of the status of the legal entity used. The status of the foundation dominates so that it becomes biased in carrying out its role as a legal aid institution to the community with consistency in the principles of the foundation regulated in Indonesian law. It is necessary to reformulate regulations that are more transparent and comprehensive for advocacy principles and can provide legal assistance to the community properly without being bound by limitations that may exist in the Foundation law.   Conclusion: The dominant legal entity status for the Legal Aid Institute is in the form of a Foundation, a form of Foundation legal entity that has been the most appropriate to establish LAI/LAO in Indonesia because it has advantages, the foundation is non-profit and has no members, so it is more independent and cannot be intervened by any party. The provisions of legal entities in the Legal Aid Law, which are currently still based on Foundations and Associations, need to be supported by supervisory requirements in their implementation so as not to violate the essence of the enactment of the Foundation Law. Reformulation must result in clear legal aid institutions, protect human rights, provide equal access to justice, and achieve the desired level of legal certainty.

Competitivity Issues Related to Biobank Activity

The recent development of biomedical research and greater attention to the use of human bio-material has led to an increase in the number of studies devoted to biobanks. In considering the question of whether a biobank can be subject to insolvency, the present article discusses multiple points of view related to the legal status of biobanks according to which they are perceived either as an object or subject of law. From an analysis of the various organizational forms of biobank activity, the author argues that biobanks should be considered as subjects of law. Here considerations include accessing financial support from government, municipal, and other sources, the possibility of carrying out income-generating activities, mechanisms for the protection of obtained bio-material, the monitoring requirement related to entities carrying out such activities, and the possibility of recognizing such entities as insolvent. Based on the results of this research (including an analysis of the experience of foreign countries), the permissible organizational-legal forms that biobanks are instantiated, namely, public corporations, public-law companies, institutions, and public benefit funds. Because of the sensitivities involved, it is argued that such organizations should be of a non-profit character. In the light of the research question, special attention is paid to the form of a consortium. Due to the impossibility of liquidating the assets of biobank organizations in order to meet the claims of creditors, it is argued that such organizations cannot be declared insolvent.

Living beyond borders: the international legal framework to protecting rights to health of Indonesian illegal migrant workers in Malaysia

Living beyond borders: the international legal framework to protecting rights to health of Indonesian illegal migrant workers in Malaysia

Cannabis Legalization and Resource Use for Ingestions by Young Children.

In conjunction with widening legalization, there has been a rapid rise in unintentional cannabis ingestions in young children. We sought to determine if the legal status of recreational cannabis was associated with resource use in young children with cannabis poisoning. This retrospective cross-sectional study of the Pediatric Health Information System included emergency department encounters between January 2016 and April 2023 for children <6 years of age with a diagnosis indicating cannabis ingestion. The primary exposure was recreational cannabis legalization status in the state in which the encounter occurred. We used logistic regression models to determine the association of recreational cannabis legality with resource utilization outcomes, adjusting for demographic covariates. We included 3649 children from 47 hospitals; 29% of encounters occurred in places in which recreational cannabis was legal. Compared with environments in which recreational cannabis was illegal, cannabis-legal locations had lower uses of advanced neuroimaging (24% vs 35%; adjusted odds ratio [aOR], 0.65; 95% confidence interval [CI]: 0.55-0.77), lumbar puncture (1.6% vs 3.8%; aOR, 0.42; 95% CI: 0.24-0.70), ICU admission (7.9% vs 11%; aOR, 0.71; 95% CI: 0.54-0.93), and mechanical ventilation (0.8% vs 2.9%; aOR, 0.30; 95% CI: 0.14-0.58). Urine testing was more common in places in which recreational cannabis was legal (71% vs 58%; aOR, 1.87; 95% CI: 1.59-2.20). State-level legalization of recreational cannabis was associated with a significant decrease in the utilization of advanced medical resources in cases of cannabis intoxication in children. These findings suggest the need for a focus on policies and procedures to minimize invasive testing in cases of cannabis intoxication in children.

THE EXISTENCE OF MERCENARIES IN TERMS OF THEIR IMPLICATIONS FOR THE FRAGILITY OF INTERNATIONAL PEACE-BUILDING

This study aims to determine the development / history of the use of mercenaries from time to time, to explain the existence of mercenaries in relation to Private Military Companies (PMC), to determine the implications of the existence of mercenaries on the fragility of international peace-building. As for the results of this study 1). that the mercenary has existed for a long time, in the early Roman empire known the terms Balearic Slingers and Agean Bowmen. In medieval Germany there were known as Landsknechts. In America at the time of the revolution it was called Hessian and in Italy it was called Condottieri. The presence of mercenaries in the past generally originated from the desire of Kings in western countries to form a formidable and large army. However, this requires a large cost. Hence the Kings of Europe at that time, around the 15th-16th centuries, such as the Kings of France, Italy, England, the Netherlands and Switzerland, 2). that mercenaries are not identified with Private Military Company. PMCs do not meet the mercenaries criteria as provided for in Article 47 of the 1977 Protocol. The PMC is as civilian, the PMC is not assigned to fight in armed conflict, is not integrated in the armed forces of the state and does not hold a continuous combat function and thus is not eligible to participate directly in hostilities on behalf of the parties to the conflict, as required to categorize a person as a combatant, 3). That the distribution of mercenaries in various armed conflicts can imply that the existence of mercenaries can threaten world peace --- the fragility of peace-building. Regardless of the debate over legal status, entitled/not entitled, active or passive position in the field and so on

The Legal Aspects Fulfillment of Tax Responsibilities for Micro and Small Enterprises Established as Individual Company

An Individual Company is a new legal entity intended for Micro and Small Enterprise (MSE) actors to obtain legal entity status. However, based on the taxation perspective, establishing an Individual Company raises the consequence of tax imposition on one party that is substantially the same entity, namely MSEs as Individuals and Individual Companies as Legal Entities. This study intends to examine the taxation responsibility attached to the Individual Company as a law entity so taxpayers can carry out their tax obligations. The study method used is normative juridical with descriptive-analytical research specifications and qualitative juridical data analysis. The results of this study indicate that MSE actors who establish themselves as Individual Companies are given Corporate Taxpayer status with all its legal consequences. Direktorat Jenderal Pajak (DJP) needs to make adjustments and relax the Rights and Obligations of Corporate Taxpayers in the form of Individual Companies so that the tax self-assessment system is still implemented effectively, easily, and efficiently for taxpayers so that it has an impact on legal certainty and increases the level of taxpayer compliance.

Integrated public health and migration policy: Crafting effective responses to migrant crises

The intersection of public health and migration policy presents complex challenges in the context of migrant crises. This abstract provides an overview of the policy analysis on integrated public health and migration policy, focusing on the crafting of effective responses to migrant crises. By examining key findings and implications, it highlights the critical importance of addressing public health needs within migration policy frameworks. The analysis reveals that migrant crises often exacerbate existing public health vulnerabilities, including limited access to healthcare, inadequate sanitation facilities, and heightened risks of infectious diseases. Integrated approaches that prioritize the health needs of migrants are essential for mitigating these challenges and ensuring the well-being of both migrant populations and host communities. Key findings underscore the importance of adopting a comprehensive and rights-based approach to addressing public health in migration policy. This involves recognizing migrants' right to health and ensuring equitable access to healthcare services, regardless of legal status or nationality. Furthermore, it requires addressing the social determinants of health, such as poverty, discrimination, and social exclusion, which disproportionately affect migrant populations. Implications for future research and policy development include the need for greater collaboration and coordination among stakeholders, including government agencies, civil society organizations, and international partners. Research gaps identified underscore the importance of further investigation into the health needs of specific migrant groups, such as refugees, asylum seekers, and undocumented migrants, as well as the effectiveness of different policy interventions in meeting these needs. In conclusion, integrated public health and migration policy is essential for crafting effective responses to migrant crises. By prioritizing the health needs of migrants and adopting a rights-based approach, policymakers can mitigate the negative health impacts of migration and promote the well-being of all individuals affected by migrant crises. This abstract highlights the urgency of addressing public health within migration policy frameworks and calls for greater commitment to integrated approaches that prioritize health equity and human rights.

Toolkit for Integrated Assessment of Socio-Economic Development Scale of Urban Agglomerations

The formation of urban agglomerations in the Russian Federation is currently one of the most significant forms of spatial development both at the national and regional levels. The need to strengthen agglomeration processes is dictated by the provision of polarised socio-economic development of different territories of the country. Urban agglomerations in the Russian Federation receive legal status at the federal and regional levels. Institutional support for agglomerations is the development of an appropriate legal framework and financial mechanisms aimed at the infrastructural development of territories, improving the quality of human capital, scientific and technological development, etc. At the same time, recently the public authorities at the federal and regional levels have started to pay attention not only to large and largest urban agglomerations defined in the Strategy for Spatial Development of the Russian Federation, but also to smaller urban agglomerations. A special intensification of institutionalisation of the status of urban agglomerations is observed in the normative legal acts of many constituent entities of the Russian Federation. However, the methodological aspects of formation and development of urban agglomerations in the regions are not elaborated. The analysis of existing theoretical and methodological approaches to the study of agglomeration processes also revealed the lack of methods for analysing the scale of complex socio-economic processes of urban agglomerations. Therefore, the need to form a methodology for assessing the scale of agglomeration development in the regions of the Russian Federation determined the relevance of the study. The aim of the study is to develop an indicator of the scale of socio-economic processes of Russian urban agglomerations. To achieve this aim, the existing methodologies of urban agglomerations research, presented in the approaches of Russian and foreign scientists, were analysed. The analysis allowed us to systematise the existing methodological approaches into two groups: the features of spatial development of agglomerated systems and the characteristics of their economic condition. The advantages and disadvantages of the existing methodologies are presented, on the basis of which a methodological toolkit for the scale of agglomerated systems is developed. The conclusion is made about the possibility of using the proposed indicator by public administration authorities in the development of normative legal acts of strategic planning in the field of spatial and socio-economic development of regions, in scientific and analytical research in the field of regional economy. The methods of content and comparative analysis, mathematical formalisation, expert assessments, modelling, observation and synthesis were used to solve the research problems.

A legal status for Avatars in the Metaverse from a Private Law perspective

Avatars, or digital representations of ourselves in the Metaverse are often seen as a fun and unique aspect of virtual worlds, but the legal implications of their use — and potential misuse— remain largely unexplored. In this paper, I address various issues relating to the utilization of avatars in online virtual platforms by individuals, highlighting both their potential benefits advantages and potential problems. In that context, I provide a very much needed clarification of what the Metaverse entails, and I propose a Private Law-oriented framework for thinking and regulating certain aspects of digital avatars in a legally feasible manner.

Perspektif Islam terhadap Program Bayi Tabung: Etika, Hukum, dan Hak Waris

Fertilization (IVF) program, especially in the context of ethics, law and inheritance rights. By exploring religious texts and the views of ulama, this research discusses ethical considerations related to the use of artificial reproductive technology in Islam as well as legal interpretations related to its implementation. Apart from that, this research also reviews how Islamic inheritance law regulates the position of children born through IVF. The research method used is the qualitative descriptive method which allows researchers to describe phenomena or research topics in depth, without requiring quantitative measurements. The results of this research show that several ulama' consider the IVF program to be controversial because it is considered to violate natural law or Sunnatullah and is associated with the practice of adultery. However, fatwas from the MUI and NU guide the halalness of the IVF procedure by taking into account religious values ​​and the needs of married couples. In Indonesia, the implementation of this program is regulated by Undang-Undang Nomor 36 Tahun 2009 concerning Health and the MUI fatwa which allows the use of sperm and ovum from legal husband and wife couples. The legal status of children resulting from IVF refers to the Civil Code and Law Number 1 of 1974, with legal recognition depending on the use of donor sperm and surrogate mother. Children born through IVF using the husband's sperm are considered legitimate children with inheritance rights, while inheritance laws for children using donor sperm and surrogate mothers require further consideration.

Review of the book „Statutul juridic și rolul organizaţiilor nonguvernamentale în guvernările democratice” [The legal status and role of non-governmental organizations in democratic governments], Author – Ciprian Gabriel Ungureanu, LUMEN Publishing, Iasi, 2024

The present article represents a book review of the volume „Statutul juridic și rolul organizaţiilor nonguvernamentale în guvernările democratice” [The legal status and role of non-governmental organizations in democratic governments], authored by Ciprian Gabriel Ungureanu, published byLumen Publishing, in 2024. The work of the author Ciprian Gabriel Ungureanu reflects the concerns for the regulation of constitutional law analyzed through the lens of domestic law and the applicable comparative law in this field. His volume highlights the study of some aspects related to the role and functions of civil society, the organizational forms of civil society, the legal status of non-governmental organizations and the comparable element of non-governmental organizations in Romania and the Republic of Moldova (Ungureanu, 2015).

Legal Status and Assessment of the Competence of a Forensic Expert and Specialist: Conceptual Framework and Practical Implementation

Legal Status and Assessment of the Competence of a Forensic Expert and Specialist: Conceptual Framework and Practical Implementation

Association of mental health related quality of life and other factors with treatment seeking for substance use disorders: A comparison of SUDs rooted in legal, partially legal, and illegal substances.

The association of subjective mental health-related quality of life (MHRQOL) and treatment use among people experiencing common substance use disorders (SUDs) is not known. Furthermore, the association of a given substance's legal status with treatment use has not been studied. This work aims determine the association of MHRQOL with SUD treatment use, and how substance legal status modulates this relationship. Our analysis used nationally-representative data from the NESARC-III database of those experiencing past-year SUDs (n = 5,808) to compare rates of treatment use and its correlates among three groups: those with illicit substance use disorders (ISUDs); those with partially legal substance use disorders, i.e., cannabis use disorder (CUD); and those with fully legal substance use disorders, i.e., alcohol use disorder (AUD). Survey-weighted multiple regression analysis was used to assess the association of MHRQOL with likelihood of treatment use among these three groups, both unadjusted and adjusted for sociodemographic, behavioral, and diagnostic factors. Adults with past-year ISUDs were significantly more likely to use treatment than those with CUD and AUD. Among those with ISUDs, MHRQOL had no significant association with likelihood of treatment use. Those with past-year CUD saw significant negative association of MHRQOL with treatment use in unadjusted analysis, but not after controlling for diagnostic and other behavioral health factors. Those with past-year AUD had significant negative association of MHRQOL with treatment use in both unadjusted and adjusted analysis. If legalization and decriminalization continue, there may be a greater need for effective public education and harm reduction services to address this changing SUD landscape.

E-cigarette knowledge of undergraduate pharmacy students

Abstract Introduction The use of e-cigarettes (known as vaping) is creating public health opportunities and challenges. E-cigarettes are effective as a smoking cessation tool. However, they are not without risk. E-cigarettes are relevant to pharmacists as they can provide advice about smoking cessation and they are well placed to provide more generic support and information about e-cigarettes, including side effects. Notifications about any issues with e-cigarettes can be done through the United Kingdom’s (UK’s) Medicines and Healthcare products Regulatory Agency (MHRA) Yellow Card Scheme. Vaping products can be considered as licensed, but not yet prescribed within the UK National Health Service (NHS). There are benefits in pharmacists being knowledgeable about the legal and regulatory status of e-cigarettes. It is currently unclear whether pharmacy students are knowledgeable about e-cigarettes and their role in smoking cessation. It is also unclear whether they are aware of the relevance to the Yellow Card scheme. Aim To examine e-cigarette knowledge of undergraduate pharmacy students studying at a large university in the northwest of England, some of which may be concurrently working within retail pharmacy. Methods A link to an online quantitative survey was distributed to all students (approximately 500) studying on the four-year undergraduate pharmacy (MPharm) programme by the programme leader. This was done by email in April 2023. The research was carried out as part of a public health student’s dissertation with a questionnaire designed and piloted by the student. Results were mainly descriptive and χ2 tests were carried out using SPSS where appropriate. Results A convenience sample of 55 students (approximately 10%) was achieved. Just over half the respondents stated they did not know if e-cigarettes were available on prescription or from the NHS. Only 12% of respondents knew that e-cigarettes were regulated for safety and quality in the UK, with 50% of all respondents stating that they were not. Just over half (58%, n=32) did not know whether medically licensed e-cigarettes were available. Less than 10% of all respondents (n=5) were aware that e-cigarettes users can report via Yellow Card Scheme if suspecting a side effect from using e-cigarettes. Interestingly, 46% of those currently working in retail pharmacy (n=11) wrongly stated “no” when asked about the Yellow Card Scheme. This compared to 19% (n=6) of those not currently working in retail settings (χ2=4.44, df=1, p=0.035), indicating that those with current retail experience were less knowledgeable about the Yellow Card Scheme in relation to e-cigarettes. All respondents agreed that pharmacists should be providing health-related advice on vaping to their clients/patients. Conclusion There may be merit in including relevant material on e-cigarettes, including the licensing and Yellow Card scheme, along with more general information on the benefits of switching from cigarettes to vaping and the need to stop vaping, within undergraduate programmes. A strength of this study was that it was one of the first that looked at knowledge of the Yellow Card scheme among pharmacy students, but a main weakness was that it was a small, self-selecting sample of students.

Legal Gaps and their Logical Forms

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

Проблемы организации внешнего финансового контроля в муниципальных образованиях Республики Саха (Якутия)

The article addresses issues related to the organization of external municipal financial control in municipal districts of the Republic of Sakha (Yakutia), problems concerning the organization of external municipal financial control, in particular, the analysis of legislative provisions related to the legal status and transfer of powers to the Accounts Chamber of the RS (Yakutia).

Reimagining Legal AID Institution Regulation to Enhance Legal Certainty

Purpose: This research aims to examine the regulations governing the establishment of Legal Aid Institutions (LAIs/LAOs) in Indonesia, with a focus on achieving necessary legal clarity to ensure their effective functioning.   Method: This research employs a prescriptive research method, involving the description of primary and secondary data findings related to the regulations governing LAIs/LAOs establishment in Indonesia. The data are processed and analyzed to derive insights into the current legal framework.   Result and Discussion: The findings indicate that the existing regulations concerning the establishment of LAIs/LAOs in Indonesia lack clarity, particularly regarding the legal entity status utilized. While foundation status predominates, its alignment with Indonesian legal principles requires further consistency. Therefore, this research underscores the need for more transparent and comprehensive reformulation of these regulations.   Implication of the Research: Reforming the regulations governing the establishment of LAIs/LAOs holds significant implications for improving their efficiency and effectiveness. Such reforms can enhance access to justice, protect human rights, and ensure the proper functioning of LAIs/LAOs, thereby contributing to greater legal certainty and benefiting Indonesians in need of legal aid.   Originality/Value: This research contributes to the existing literature by providing insights into the regulatory framework surrounding the establishment of LAIs/LAOs in Indonesia. By highlighting the need for reform and recommending clearer regulations, this study offers practical guidance for policymakers and stakeholders involved in legal aid provision, ultimately advancing the efficacy of legal aid services in Indonesia.