Legislation Of Other Countries Research Articles

스토킹범죄 피해자 보호에 관한 연구

Stalking punishment act states stalking as an act to incur anxiety or fear in victim consistently or repeatedly without just reason against the stalkee’s will. Previously, such act has been assumed as an excessive expression of affection or wooing onto the other person as stated in a proverb ‘tens of strikes will tumble any tree’. However as it has become a social notion that mental and physical suffering afflicted by staling is as serious as that by criminal act, social demand to regulate it as crime has arisen. In Korea, from 1999 to 2021 when stalking punishment act has been enacted, stalking-related legislations have been proposed over 20 times, but such legislation has not been proceeded for over 20 years. As stalking prevention act, legislated in 2021 which is late compared to other countries like Germany or Japan, has been enacted for over a year, it requires many revisions as 15 revision proposals have been submitted to the congress. In this study, it has analyzed preceding research, revisions, and legislation of other countries to study major issues in current stalking punishment act and deduced its revisions. Issues with the current stalking punishment act include; the subject of stalking crime is limited to the victim and his/her family; second, the law can penalize the criminal only when the act itself is committed; third, there is limitation of crime not prosecuted against objection; fourth, online stalking is difficult to be punished despite the public legal demand; fifth, it is meager the regulation to report the stalkee in modifying emergency measure defined by the law; sixth, more powerful measures against the perpetrator is necessary. Such issue can argue that related content is insufficient in the regards that the law protects stalking victim and prevents stalking developing into violent crime with preemptive measure, which its prime legislative motive. Therefore, purpose of this study is to deduce a revision to improve insufficient aspects in protection of stalking victim. In this study, preceding studies, domestic legislations, and stalking-related regulations in Japan and Germany have been studied chronologically to derive such revision, and thus, its primary goal is to study overall legal system on stalking crime and changes in public perception, and solve issues of current legislation. Its second goal is to propose measures to adequately respond to possible stalking-related issues in Korea.

The Creation of the Right of Real Servitude: Derivative and Original Method Based on the Kosovo and Some European Countries

Legal provisions define the right of servitude as a real right both in local legislation and in the legislation of European countries. Based on the local legislation, some shortcomings are encountered when it comes to the right of servitude, particularly the right of servitude in kind. An issue that will have to be addressed and compared with the legislation of other countries is the crime of the right of real servitude, based on the ways of creating this right. Based on the local legislation, it is emphasized that the right of real servitude can be created based on a legal title, the decision of a state body and based on the law. At the same time, no more detailed division is made to show which legal title belongs in which way, that of derivatives or original. In comparison, legislation of European countries such as Germany, Austria and France, as well as regional countries, it is emphasized that there are two ways for the crime of the right of real servitude. After the ways are mentioned, the separation of legal titles is done; such a thing should be defined in the legislation of Kosovo. Nevertheless, based on the provisions of the legislation in force, we note that where the legal titles for the creation of the right of real servitude are mentioned, there it is known that there are two ways of creating the right of real servitude that the derivative way and the original way of obtaining the right of real servitude, only that it would be more correct if they specified which legal title is considered a derivative title, which in our case is the contract and testament, and which would be considered an original title, which could be the decision of the state body such as that of the court or any administrative body.

"Success fee" of an advocate: on the way to the unity of judicial practice

The presented work is devoted to the study of the legal nature of the "success fee" as a form of attorney’s remuneration for the provision of legal assistance, as well as to the consideration of the possibilities of applying the structure of such remuneration in the national legal field.
 The review of the current legislation of Ukraine, as well as the legislation of other countries on the perception and legal regulation of the "success fee", based on the traditional division of law systems into Anglo-Saxon and Continental, was carried out. It is noted that the "success fee" by its nature is an additional remuneration to a lawyer, that is, a premium (bonus) that is paid to the latter in the event of a successful resolution of the client’s case, in addition to the fee that is payable for the provision of services provided by the lawyer under the contract for the provision of legal assistance.
 Based on the fundamental function of the Supreme Court to ensure the unity of judicial practice, the dynamics of law enforcement approaches is traced at the level of its legal opinions, affecting the nature of the "success fee" and its legality. It is argued that the current practice of the Supreme Court has weakened its categorical attitude to the "success fee" and proceeds from the acceptability of this form of additional attorney’s remuneration, the payment of which depends on the outcome of the case. Also, the conclusions of the Supreme Court on the application of certain norms of procedural laws consider the possibility of resolving the issue of compensation for the costs incurred by a person to pay the “success fee” when the court decides on the distribution of court costs.
 According to the results of the study, in order to avoid any differences in law enforcement approaches in the future, separate proposals were made for the proper settlement of the issue of "success fee" in national law.

EMPLOYMENT PROBLEMS IN KAZAKHSTAN: A COMPARATIVE ANALYSIS

This article is devoted to the archived problem of modernity - the problem of unemployment and the mechanism of legal regulation in the Republic of Kazakhstan. This article discusses the problems of unemployment in the Republic of Kazakhstan, since in any civilized state the level of unemployment and employment is an indicator of the country's economy. The article analyzes the regulatory framework for regulating labor relations, including relations in the field of employment of the population, which allows to clearly regulate the relations in question in the legal field. The Government of the Republic of Kazakhstan is constantly working to reduce the unemployment rate in the country, a whole system has been developed to eradicate unemployment, but the main challenge not only for Kazakhstan, but also for the entire world community has become the COVID-19 pandemic. The conditions of total quarantine, the transition to a remote format of work, the closure of borders between states "hit" the usual and stable activities of many enterprises, which, accordingly, led to job cuts. The purpose of this article is to disclose legal problems in the field of employment in the Republic of Kazakhstan, a comparative analysis with similar legislation of other countries. The article discusses the key stages of state legal activity in the field of employment provision.

The ABC Test: A New Model for Employment Status Determination?

Abstract The tests for identifying who is an ‘employee’—the gateway for a multitude of employment rights—have preoccupied generations of labour lawyers. It is relatively rare, however, to see a significant change in the law itself in this area. We are currently witnessing such a rare change in the USA, where a new test called the ‘ABC test’ was adopted in California and is gaining support elsewhere. The new California test starts with a legal presumption of employee status. To rebut the presumption, the hiring party has to demonstrate that all the following conditions are satisfied: no control over the worker, the work is outside the usual course of the employer’s business and the worker is customarily engaged in an independently established business. The goal of this article is examine whether this new test is normatively better than previous tests and should be regarded as a model for legislation in other countries as well. Our assessment is made in light of three benchmarks: whether the new test successfully advances the purpose of labour laws, whether it adopts an optimal balance between selectivity and universalism, and whether it strikes an optimal balance between rules and standards. Our conclusion is generally positive, but at the same time we argue that some modifications are necessary to improve the test and make it a useful model.

Delinquent child rights protection

The study aimed to clarify the aspects of protection provided for the delinquent child while dealing with the security and judicial authorities in the United Arab Emirates compared to the legislation of other countries. Indeed, the phenomenon of child delinquency is one of the most dangerous phenomena that children may be exposed to and leads them to wrongdoing and obstruction of public order in society. It prompted the UAE legislator to look after the delinquent child and take care of him. The study relied on the descriptive-analytical approach, to suit it with the understanding of all its elements and the determination of the facts, through the legal analysis of the phenomenon of delinquency and the statement of its causes and legal solutions according to what was stated by the UAE legislator. The study reached many results, including that the UAE legislator, like other international legislation, devoted special care for the delinquent child by enacting a set of preventive and deterrent laws, through which the aim was to protect the delinquent child, as these legislations contained many guarantees and mechanisms that provide him with care.

Evaluation concepts in the draft Law of Ukraine on Copyright and Related Rights: the- oretical and practical analysis

The article is devoted to the analysis of the draft Law of Ukraine on Copyright and Related Rights registration number 5552-4 dated 09.06.2021 (hereinafter the Draft) for the use of evaluation concepts as a language tool of rule-drafting technique. The definition of evaluation concept is given. It is stated that the use of evaluation concepts is not only a property of domestic law, but also legislation of other countries. Attention is drawn to the fact that their introduction into the texts of legislative acts is objectively inevitable, provides individualization of legal regulation and the fullest protection of the rights and interests of the subject of law, but creates conditions for possible subjective law enforcement discretion. Therefore, the quality of the Draft is determined by the proper use of evaluation concepts.
 The list of evaluation concepts used in the text of the Draft is defined. The latter are compared with the corresponding concepts used in the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand (Chapter 9 «Intellectual Property») and Section 1 «Copyright and Related Rights» of Part 2 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. The conclusion is made that there is a certain correspondence and obvious regularity of the use of evaluation concepts both in the Draft and the mentioned legal acts. Many of these concepts are completely or partially duplicated, such as the «fair reward» and «normal use».
 In order to promote the proper use of evaluation concepts in the text of the Draft by its designers a list of prerequisites for their introduction into the developed regulations is proposed.
 It is noted that the presence of evaluation concepts in the text of normative legal acts necessitates the observance of certain rules of interpretation and application of evaluation norms. A systematic list of such rules, which in the long run will contribute to the effective use of future law to ensure the rights of intellectual property holders, is proposed.

Law Enforcement Agencies' Repression of the Unlawful Use of Unmanned Aircrafts

The subject of the study is the peculiarities of legal regulation of piloting (operation) of unmanned aircrafts. As example of such legal regulation author studied the legislation of the Russian Federation as well as the legislation of other countries. The object of the study is the conditions under which the piloting of such aircrafts is permitted from the point of view of flight safety. The authors consider in detail such aspects of the topic as possible undesirable consequences of the use of unmanned aircraft. Particular attention is paid to the consequences that may occur in the case of malicious use of this aircrafts for criminal purposes, namely during the transportation of drugs, interception of valuable cargo, interception of traffic information flows, intentional or accidental injury to people. The study presents the main problematic issues that need to be addressed by legislation. The main contribution of this study is detection of the problematic issues that need to be addressed by Russian legislation as well as by the norms of international law in terms of ensuring flight safety in all its manifestations. A special contribution of the authors of the research is a practical overview of the main safety threats caused by the use of the unmanned aircrafts. The novelty of the research lies in the systematization of these threats (especially personnel training for remotely piloted aircraft flaws). This scientific work can be considered as a set of measures to improve safety during the operation of unmanned aircraft.

Problematic issues of determining the object of criminal offences against agro-industry

Active support for agro-industry development is reflected in the harmonization of the interests of government and business. The organization of interaction between government and agro-industrial structures for the purpose of consistent socio-economic development creates the foundation of Ukraine's stability in general and its food security in particular, but against this background, not everyone is a bona fide entrepreneur and sometimes tries to profit by obtaining loans for non-existent firms. The article is aimed at understanding and studying the object of protection of public relations in the field of agro-industry, as well as the subject of encroachment. Criminal offences against the environment were considered and conclusions were drawn regarding the object of protection, location and subject matter. The place of the agro-industrial complex in the country's economy is analyzed. The statistical indicators on criminal offences in the field of environment related to agro-industry for the last three years are studied, in addition, the regional indicators of criminality on the specified criminal offences are focused, and also attention is paid to convictions on general and special signs of committing criminal offences against the environment and related agro-industrial criminal offences. The world experience in support of the agro-industrial complex in different countries is investigated. Some conclusions have been drawn on the differences between Ukrainian legislation and the legislation of other countries, for example on the sectoral affiliation of criminal offences in the field of the agro-industrial complex to criminology, which according to statistics can identify risks and thus prevent subsidies to certain enterprises.

Instruments for the protection of human rights violated during the study of human genome

The paper contains a comparative analysis of legal instruments used in the Russian legislation and in the legislation of other countries (Germany, Great Britain, USA, Japan) to protect (prevent violations, restore) human rights violated during the study of human genome. It was concluded that the existence of a comprehensive system of legal means for the protection and restoration of human rights violated during the study of human genome, is an incentive for the development of genomic research. In this regard, in Russia it is necessary to amend civil acts, Information, Criminal and Administrative Law in order to establish the peculiarities of the compensation for harm to human rights violations when studying human genome, special (different from the general) procedure for obtaining voluntary informed consent for genomic research, as well as special offences and administrative offenses committed during the study of the human genome.

FEATURES OF THE LABOR LAW OF THE EUROPEAN UNION

The article examines the interaction of the national labor legislation of the member states of the European Union with European labor law, the influence of the Labor law of the European Union on the national legislation of the member states, the features of the labor legislation of the European Union, which differ from the legislation of other countries, a comparative analysis of the labor legislation of the Republic of Uzbekistan.

Криминальное банкротство: компаративный анализ и проблемы законодательной регламентации в российском законодательстве

The article presents a comparative analysis of the regulation of liability for criminal bankruptcy under the laws of the Russian Federation and countries such as the USA, Germany, Spain, France, Great Britain, Australia. At the same time, not only the current criminal legislation regulating liability for committing crimes in the field of bankruptcy was considered, but also other laws that carry out its legal regulation. Since the registration of crimes related to criminal bankruptcy in the Russian Federation is declining, they are poorly disclosed, and law enforcement practice often considers the actions of suspects as normal relations of economic entities regulated by the Federal Law “On Insolvency (Bankruptcy)” and the Civil Code of the Russian Federation, there are significant difficulties in attracting such persons to criminal liability. In this regard, solving similar problems in the legislation of other countries, identifying the most appropriate and effective ways of government response to criminal bankruptcies was the goal of this study. A comparative analysis of foreign and Russian legislation has shown that in other countries, when regulating liability for various types of criminal bankruptcy, other types of liability are more often used. As a result, it was concluded that criminal law does not always play a decisive role in counteracting criminal bankruptcy, which should be taken into account when improving Russian legislation in this area. This means that countering these economic crimes can be no less effective without the use of criminal repression, but at the same time, the level of inevitability of responsibility can be higher due to the use of other types of it.

ПЕРСПЕКТИВЫ ПРИМЕНЕНИЯ ЗАРУБЕЖНОГО ОПЫТА ПРАВОВОГО РЕГУЛИРОВАНИЯ ИНВЕСТИЦИОННЫХ ОТНОШЕНИЙ В РЕСПУБЛИКЕ УЗБЕКИСТАН

The article examines the issues of investments and investment legal relations, including their legal regulation, the legal basis for their attraction, which are important for the economic and social development of any developing country. Based on foreign experience in the legal regulation of investment relations, the author identifies a number of serious shortcomings and gaps in national legislation and gives brief recommendations for their elimination, since the study of investment legislation of other countries and trends is a direct way to identify gaps in national legislation.

Some Aspects of Implementating International Laws on the Rights of the Child in the Criminal Legislation of Russia

The authors examine the theory and practice of the interaction of international law and Russian criminal law in the system of their harmonization and standardization using specific crimes as examples. They also analyze international law norms from the standpoint of the criteria of their effectiveness in protecting the rights of minors in view of their further implementation in Russian criminal legislation. It is noted that a wide spread of different forms of illegal actions against minors is predetermined by the lack of a comprehensive system of protecting the rights of children in international and Russian legislation, the insufficient development of effective methods of detecting and registering different crimes. The authors point out that it is necessary to take into account the positive experience in protecting the rights and interests of children in the criminal legislation of other countries, especially partner countries, which is a vital condition for the success of integrational processes. They state that it is necessary to use a systemic approach in making decisions on criminalizing offenses against minors.

Doctrinal approaches to the definition of civil procedural law

Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw
 The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.

About the 2004 Family Code of the Kingdom of Morocco

Contemporaries describe the adoption of the Family Code of Morocco in 2004 as Moroccan women’s “velvet revolution”. One of the most advanced family codes of the Arab-Muslim world was adopted as a result of the complex relationship between the Royal power, Islamic traditionalists, secular parties and women’s associations. It has influenced the reform of similar sections of state legislation in other countries in the region. But it has not yet found its reflection in the works of Russian researchers in social history. The article attempts to consider a brief historical retrospective of the law, the main stages of its adoption and modern problems of its implementation in practice, the feminist movement struggle, the counteraction of powerful Islamic forces and traditional society’s overwhelming public opinion, including Moroccan women’s traditionalist convictions. The reformation of the Code under the influence of international legal documents and declarations was made possible by the country’s achievement of a certain level of the socio-economic basis and socio-political relations.

Legal Implication of Contracts Received on Buildings under Construction - Comparative Study-

The importance of the research appears through the absence of legal regulation for it in Iraq at a time when it was covered by the legislation of other countries, and for the spread of these sales, we chose this topic to clarify the concept of this contract, its legal adaptation, its legality, and the obligations it imposes on its parties. It turns out that it is an independent contract of a special nature that provides protection for the buyer by providing him with adequate guarantees on the one hand and serves the interest of the seller on the other side, who may not be able to fully finance his project from his own funds, so he resorted through this technology to offer these projects for sale before completion and thus benefit from their price To start building or completing it. It has also been shown that the formalism in this contract is of a special nature, as the ownership is transferred to the buyer under construction in this capacity when the contract is initially registered and he has the right to dispose of the property all kinds of actions, provided that the same formality is met for the validity of these actions.

¿Sostenibilidad fuerte o débil?. Perspectivas de la protección jurídico- ambiental y ecosistémica de los humedales. El caso del Partido de Lobos, Provincia de Buenos Aires, Argentina

En el presente trabajo se propone, en primer lugar, realizar un relevamiento de la normativa aplicable al Partido de Lobos, en la Provincia de Buenos Aires, Argentina, para luego poder contrastarla con otra legislación vigente en otros países de América Latina. Luego de dicho análisis normativo, se determinará dentro de qué categoría doctrinaria se encuentra la misma: Sostentabilidad “super-fuerte”, “fuerte” o débil”. En segundo lugar, se analizarán los resultados de las encuestas realizadas a la población urbana del Partido de Lobos, y la información obtenida de entrevistas a informantes clave. Finalmente fue posible relevar que a menores niveles de educación y a mayor edad de los encuestados, se demuestra un bajo interés y preocupación vinculados con problemáticas ambientales. Además, el desarrollo normativo es incipiente, en tanto existen escasas políticas públicas ambientales vinculadas con la Laguna de Lobos, a pesar de que implica un importante aporte económico proveniente del turismo.

Public opposition to shale gas extraction in Algeria: Potential application of France's ‘Duty of Care Act’

Algeria, a former French Colony, gained independence from France in 1962. It can be argued, however, that the legacy of post-colonialism continues, particularly with respect to the extractive industries. Both France and Algeria have large unconventional shale deposits—France has the second largest shale gas deposits in Europe after Poland and Algeria has the third largest in the world. Proposals to extract shale gas have led to widespread public opposition in both France and Algeria. The protests in France arguably led to the 2011 ban on hydraulic fracturing for shale gas, followed by the 2017 decision to ban all hydrocarbon exploration and extraction (unconventional and conventional) in French territory by 2040. Hydrocarbon company Total S.A., headquartered in France, has given up on operating in France but has now focused on potential development in Algeria, arguably an illustration of the continuation of a post-colonial relationship or NIMBY'ism (Not In My Back Yard). This perspective article aims to briefly highlight issues related to unconventional hydrocarbons in Algeria and introduce an emerging regulatory mechanism that could potentially provide a remedy to protect human and environmental rights and provide a model for future legislation in other countries. France's 2017 Duty of Care Act (Devoir de Vigilance) requires companies headquartered in France of a certain size to develop a ‘plan of care’ that mandates corporate responsibility throughout the supply chain and all subsidiaries, including outside French territory, and moreover provides a mechanism for legal recourse in the event of environmental or human rights harm from business activities.

중국 소년사법제도의 문제점 및 개선방안

Since the establishment of the first juvenile court in Illinois, USA in 1899, the juvenile justice system has gradually been accepted all over the world for more than 100 years, especially after World War II. With the establishment of the United Nations, The Convention on the Rights of the Child, The United Nations Minimum Standard Rules for Juvenile Justice (Beijing Rules) and other multilateral treaties and rules have been reached. It has become a consensus that juveniles adopt a judicial system different from adults. Most countries have established juvenile justice systems in line with their national conditions. It has played an important role in safeguarding the legal rights of juveniles and preventing juvenile delinquency.<BR> After the founding of New China in 1949, especially since the reform and opening up in 1979, the Chinese government attaches great importance to the protection of juveniles. It has continued to explore the juvenile justice system and other aspects, forming a preliminary form of a socialist juvenile justice system with Chinese characteristics. In order to make China"s juvenile justice system more perfect, it must be improved from the following aspects. Develop an independent juvenile law. This is a necessary condition for the protection of juvenile justice. Develop an independent juvenile law to unify the provisions on juveniles scattered in other laws. Moreover, juvenile law should contain relevant content of substantive law and procedural law. As the main basis for handling juvenile cases. Identify the age range of teenagers. At present, Chinese laws generally only set an upper limit for juvenile age, but not a lower limit. It is more difficult to make decisions on the protection and punishment of juvenile cases, such as admission, education, and work school education. In addition, it is necessary to expand the age range for teenagers. Drawing on the legislation of other countries, it is reasonable to limit the age range of juveniles to between 10 and 20. Improve the content of juvenile protection and punishment. The juvenile delinquency, juvenile delinquency and juvenile offender behavior are attributed to the juvenile non-business concept. A distinction is made between criminal sanctions and juvenile protection sanctions. Define different approaches. Types of measures to increase protection, such as: government shelters, education at work schools, compulsory detoxification, ordering education, admonitions, public security detention, etc. Establish a judicial system for juvenile cases. Incorporate all processing into judicial process. Juvenile cases are tried and judged by the courts, and the juveniles are given the right to remedy the results of the process.