Legislative Reform Research Articles

Custom as a Source of Russian Civil Law

In this paper, the author explores the historical significance and complexity of legal customs in the formation of legal systems. The paper analyzes the evolution of a custom from the primary sources of law in ancient societies to its modern status, where their role, although important, is subject to certain limitations, is analyzed.The paper highlights the understanding and application of the term «custom» in the context of modern civil legislation of the Russian Federation with an emphasis on the changes that occurred after the legislative reform of 2012. The study examines various fields of application of customs. Special attention is paid to the analysis of the role and place of international trade custom in civil law relations in the Russian Federation. Based on the opinions of experts and considering in detail the judicial practice of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, the author concludes that international trade custom is a source of law, and it also falls under the concept of «custom» within the framework of Article 5 of the Civil Code of the Russian Federation. The study emphasizes the oral nature of a custom as a source of law, while not neglecting the importance of informal written forms such as Incoterms and UNIDROIT, as well as standard contracts Special attention is paid to the debatable topic of the relationship of customs with imperative and dispositive norms of legislation, as well as their place in the structure of the Civil Code of the Russian Federation. The author highlights the problem of insufficient legislative regulation of customs and calls for their further research and systematization as a critically important element of the legal system.

The Extent to Which Digital Litigation Achieves Legal Protection for the Rights of Litigants

This research aims to study the extent to which digital litigation achieves legal protection of the rights of litigants. The research will focus on studying the definition of digital litigation, its advantages, the challenges it faces, and the guarantees of the rights of litigants, then studying models of international experiences of digital litigation systems. The study concluded that it is possible to keep up with national legislation for the digital litigation system in Under legislative texts that are compatible with the rules of the Code of Procedure, or developing the rules of traditional litigation procedures to be compatible with this type of litigation, the research concluded that digital litigation is not considered effective unless legal and material means are available to it so that it does not constitute a violation of the rights of litigants. The study recommended benefiting from experiences Countries that have adopted digital litigation, such as the Emirates, Saudi Arabia, Singapore, and others, and carried out legislative reform to keep pace with scientific and technological development.

The European Research and Bolar Exemptions ‒ Background, Status Quo and a Look at the Agreement on a Unified Patent Court (UPCA) and the EU Commission’s New Draft Directive for the Reform of Pharmaceutical Legislation

The European Research and Bolar Exemptions ‒ Background, Status Quo and a Look at the Agreement on a Unified Patent Court (UPCA) and the EU Commission’s New Draft Directive for the Reform of Pharmaceutical Legislation

Using an internet-based platform to provide online and offline healthcare services for discharged patients

BackgroundContinuing care is needed for the growing number of chronically ill patients who struggle with health problems after discharge. This study aims to elucidate the development process, functionalities, service protocols, and utilization of an Internet Plus Care (IPC) platform devised by our hospital to offer healthcare services to discharged patients.MethodsThis was a mixed study. After describing the development process, function and usage of IPC platform, we retrospectively collect data such as the general information of service recipients and service providers, service items, and service prices through the IPC platform from January 2021 to September 2023 to characterize these services.Results69 nurses delivered a total of 788 services to 211 patients through the IPC platform. The majority of services (N = 652, 82.7%) were delivered offline, with almost half of the recipients (N = 384, 48.7%) being elderly individuals. 46.4% of nurses provided services ≥ 3 times. Furthermore, 26.5% of patients received services three or more times. Notably, patients’ care requirements exhibited variations across age groups, with wound care (n = 243, 63.3%), pressure injuries care (n = 50, 13.0%), and replacement of indwelling nasogastric tubes (n = 20, 5.2%) emerging as the top three services favored by the elderly.ConclusionsThe IPC platform demonstrates potential in delivering diverse health services to patients; however, the involvement of nurses and patients needs to be enhanced. It is necessary to implement relevant safeguard policies to promote the effective use of IPC platform for health management of discharged patients in the future.What does this paper contribute to the wider global clinical community?The prevalence of chronic diseases is on the rise, and patients with chronic diseases continue to struggle with health problems after discharge and require extended treatment and rehabilitation. Our study proves that IPC platform presents a promising avenue for addressing these challenges.It is anticipated that governmental authorities will undertake comprehensive policy, legislative, and medical insurance reforms to facilitate the extensive adoption of IPC platform-based services.

W96 - Scaling up Opioid Agonist Therapies in Ukraine Before the War: Implementation Factors Related to Disruptions From Legislative Reform and COVID-19

W96 - Scaling up Opioid Agonist Therapies in Ukraine Before the War: Implementation Factors Related to Disruptions From Legislative Reform and COVID-19

Campaigning for change: How state-level groups advocate for legislative sexual offense reform

Campaigning for change: How state-level groups advocate for legislative sexual offense reform

Digital Innovations in the Fiscal Policy of Ukraine: Promoting Sustainable Economic Development

This study critically examines the nexus between tax legislation and digital innovation in Ukraine, focusing on the alignment of fiscal policy with the digital economy's growth. It analyzes the implications of Ukraine's tax reforms, including the Law "On Stimulating the Development of the Digital Economy in Ukraine," commonly referred to as the Diia City initiative, for promoting a robust digital economy. This research evaluates the effectiveness of these reforms in fostering digital advancements and their impact on sustainable economic development. Employing a comprehensive multidisciplinary approach, it researches into the theoretical and practical aspects of tax policies, particularly those targeting the digital sector. The findings suggest Ukraine's strategic positioning for leveraging digital innovation, underpinned by legislative reforms such as amendments to the Tax Code of Ukraine that cater to the IT industry through specific tax regulations through a conducive fiscal environment. This paper highlights the transformative potential of digital innovations and the critical need for tax legislation to evolve in tandem with technological advancements. Recommendations for ensuring the sustained success of Ukraine's digital and economic reform efforts emphasize the importance of addressing existing obstacles and perpetually refining fiscal policies.

The impact of metering methods on collective self-consumption: Insights from multi-dwelling buildings in Finland

Globally, legislative reforms have significantly promoted the adoption of solar photovoltaic systems. In many European countries, updated legislation encourages the formation of energy communities and collective self-consumption in residential buildings. This study investigates the financial viability of solar photovoltaic systems in Finnish multi-dwelling buildings, focusing on the impact of recent legislative enhancements supporting collective self-consumption through virtual net-metering, known as the credit calculation model. By analyzing hourly consumption data from two properties in 2018 and 2020, and incorporating simulated photovoltaic production with electricity market prices, our findings highlight the advantages of virtual net-metering. Self-consumption ratios increased from 15% to 38 %, and annual revenue improved by 10 EUR/kWp to 29 EUR/kWp. Comparing the credit calculation model with behind-the-meter approaches using joint electricity subscriptions revealed self-consumption ratio differences of 5 % to 15 % for identical system sizes. Additionally, electricity purchasing cost savings of 16 % to 19 % were identified with behind-the-meter, increasing further compared to costs from other Finnish distribution system operators. This underscores the economic benefits of such arrangements and highlights potential savings across different regional pricing models. These insights demonstrate the financial benefits of collective self-consumption and joint electricity subscriptions in multi-dwelling contexts, signaling the need for extended research across diverse settings to validate these findings.

Exercising legal personhood: wives in contractual litigation over moveable property in nineteenth-century New Zealand

In October 1884, New Zealand followed legislative reform taking place across the common law world that addressed married women’s legal position by passing its version of the Married Women’s Property Act. The Acts, both in New Zealand and in other common law jurisdictions, recognised wives as autonomous legal subjects by mitigating the inhibiting doctrine of coverture that had restricted married women’s ability to own or control property, or act as legal persons. However, wives’ presence in contractual litigation involving moveable property in the colonial courts of New Zealand prior to the reforms shows that, despite coverture, wives enacted degrees of legal personhood through several intricate legal mechanisms. The Married Women’s Property Act 1884 had no significant impact on the economic activity of wives. Furthermore, women’s social, legal, and economic position in relation to moveable property remained as diverse and legally complicated as it did prior to the Act.

A public health approach to family justice: the possibilities of legal epidemiology and administrative data

ABSTRACT Those in family court proceedings are at the sharp end of a spectrum of disputes concerning their children’s upbringing. Emerging evidence shows that, regarding both public and private law, socioeconomic and health deprivation of various forms is associated with higher rates of proceedings. Discovering health and social determinants of proceedings could inform upstream interventions to support parenting, improve wellbeing, reduce conflict and adversity and prevent the need for court involvement in the first place. It could also inform measures to mitigate the adverse health effects of legal processes on vulnerable families and debates on legal aid and alternative dispute resolution in private proceedings. This ‘public health’ approach to family justice is now possible by innovations in linking whole-population, routinely collected datasets between the courts, healthcare and other services. This article explores the possibilities of combining legal and epidemiological understandings, methods and skills in researching family justice to inform practice, policy and legislative reform.

Endorsed midwife prescribing in Australia: “[For] the women, more than anything”

ProblemPrescribing by Endorsed Midwives has existed in Australia for more than ten years. Significant barriers exist in the bureaucracy surrounding prescribing and state and territory legislation which further constrain midwives capacity to prescribe required medications. BackgroundCurrent evidence indicates Endorsed Midwives improve timely access to medications and can experience both enablers and barriers to prescribing. AimTo explore Endorsed Midwives’ lived experiences of medication prescribing, including which medications are being prescribed, how this affects the women in their care, midwives’ practice, and perspectives on the future of midwifery prescribing. MethodsA descriptive qualitative approach was used. Data collection occurred through semi-structured interviews (n=10) of Endorsed Midwives from varied Australian practice contexts and locations. Data analysis followed Reflexive Thematic Analysis. FindingsFour themes were developed: Medication prescription as essential healthcare; Prescribing optimises midwifery practice; External structures can both promote and inhibit the capacity to prescribe; The future of prescribing. DiscussionEndorsed Midwife prescribing has the potential to positively impact women’s maternity care and enable midwives to fulfil their scope of practice. However, limitations to prescribing need to be addressed to capitalise on these benefits. ConclusionSignificant reform of health service policy, state and territory legislation and further development of the Pharmaceutical Benefits Scheme are required to fully embrace and capitalise on the full scope of Endorsed Midwives in the Australian Healthcare system.

More than meets the eye: Lid and conjunctival injuries in cases of non-sexual assault are frequently accompanied by non-fatal strangulation.

To determine the associations between lid and conjunctival injuries (LACI), non-fatal strangulation (NFS) and domestic family violence (DFV) in non-sexual assault. The present study involves an analysis of LACI in a clinical audit of 85 sequential non-sexual assault presentations. LACI was present in 26.9% of non-sexual assault cases, and 47.4% of LACI patients also experienced NFS. LACI was sustained in the context of DFV in 62.9% of cases. Females made up 69.2% of LACI patients, with those between 14 and 29 years most at risk. Children were present in 12.8% of cases, 78.2% of perpetrators were male and 44.9% of patients had previously been assaulted by the same perpetrator. LACI is frequently associated with NFS and/or DFV. Since NFS increases future homicide attempts and events more than sixfold, LACI is an important signal about a patient's homicide risk, expanding the dimensions of the care needed. Those experiencing LACI during an assault also need to be referred for comprehensive eye examination as soon as possible. With consent, systematic forensic photography of LACI enables its assessment and documentation, which assists the legal process. These conclusions should drive legislative consideration and reform, plus expanded education for clinicians and police.

Personalisation under the Homelessness Reduction Act 2017: how personal are personal housing plans?

ABSTRACT This article explores the personalisation of homelessness services in the context of the Homelessness Reduction Act 2017. This ambitious piece of legislative reform introduced requirements on local housing authorities in England to assess an individual’s circumstances and develop personalised housing plans for people experiencing homelessness (s.3 HRA 2017, inserting s.189A Housing Act 1996). This article analyses research data (including 26 interviews) collected in 2018–2019 from ethnographic studies completed in two local authorities in the Midlands, across a period of four months in each site. Exploring the implementation of personalised housing plans in practice, this article investigates barriers to the application of the personalisation narrative, finding it operates as a tool of neoliberal governance rather than one of social justice. It asserts that if personalisation has the potential for more satisfactory and sustainable outcomes in preventing and relieving homelessness, then the inability for this narrative to manifest suggests the goal of the HRA 2017 in ‘reducing homelessness’ is being hampered.

Rethinking the Three Rs: Growing Momentum Toward a New Gold Standard in Australian Research.

Recent years have seen increasing recognition of the scientific, economic and ethical benefits of the use of non-animal models in advancing preclinical research, giving reason to rethink the application and framework of the Three Rs. However, to benefit from the economic advantages of shifting to such alternative methods, and to realise Australia's drug development potential, legislative reform is essential. Such reform should be responsive to international regulations that encourage the use of animal-free methods, and be coupled with a corresponding re-evaluation of current Three Rs frameworks and principles. If these supportive changes, and the recommendations from the 2023 Australian Commonwealth Scientific and Industrial Research Organisation (CSIRO) Futures Non-animal models report, are implemented concurrently - with government support paramount- then a new gold standard for scientific research in Australia could be created in which the use of non-animal models and animal-free methods is the default.

The Tightrope of Individual Liberties amid Pakistan’s Counter-Terrorism Agenda

This doctrinal research article explores the nuances, pitfalls, and opportunities within this intricate landscape. This doctrinal research delves into the intricate balance between individual liberties and Pakistan's counter-terrorism agenda, navigating the complex terrain where security imperatives intersect with fundamental rights. As Pakistan grapples with persistent security threats from terrorism, its response has often entailed the implementation of stringent measures aimed at thwarting terrorist activities and ensuring public safety. However, these measures have raised concerns about their impact on civil liberties, including freedoms of expression, association, and privacy. Drawing upon legal frameworks, policy documents, and judicial precedents, this research critically examines the evolving landscape of counter-terrorism laws and practices in Pakistan and their implications for individual liberties. It scrutinizes the compatibility of counter-terrorism measures with constitutional guarantees and international human rights standards, assessing the extent to which security imperatives have encroached upon fundamental rights and freedoms. Furthermore, this research explores the role of judicial oversight, executive discretion, and legislative reforms in reconciling the tension between security concerns and individual liberties within Pakistan's legal framework. It analyses landmark court decisions, legislative enactments, and government policies to elucidate the legal and institutional mechanisms aimed at safeguarding individual liberties while countering terrorism effectively. Moreover, this research situates Pakistan's counter-terrorism efforts within the broader context of regional security dynamics, highlighting the interconnectedness of domestic security challenges with regional conflicts, geopolitical rivalries, and transnational terrorist networks. It underscores the importance of regional cooperation, information sharing, and diplomatic engagement in addressing common security threats while respecting individual liberties across borders. By critically examining the tightrope walk between individual liberties and Pakistan's counter-terrorism agenda, this research contributes to a nuanced understanding of the challenges and trade-offs inherent in balancing security imperatives with respect for fundamental rights.

African Law and The Status of Women’s Access to Justice in Cameroon

The sources of law in most African countries are customary law, the received laws and legislation both colonial and post-independence. In a typical African country as is the case with Cameroon, the great majority of people conduct their personal activities in accordance with and subject to customary law. Customary law has great impact in the area of personal law in regard to matters such as marriage, inheritance and traditional authority, and because it developed in an era dominated by patriarchy some of its norms conflict with human rights norms guaranteeing equality between men and women. While recognising the role of legislative reforms, it is argued here that the courts have an important role to play in ensuring that customary law is reformed and developed to ensure that it conforms to human rights norms and contribute to the promotion of equality between men and women. The guiding principle should be that customary law is a living law and cannot therefore be static. It must be interpreted to take account of the lived experiences of the people it serves.

Gender and the public realm in Nigeria: Hannah Arendt‘s perspective

Hannah Arendt, renowned for her insights into political philosophy, particularly in "The Human Condition" and "On Revolution", delineates the dichotomy between the public and private realms. In her analysis, the public sphere represents a space of political agency and rational discourse, crucial for the realization of human freedom and equality. Conversely, the private realm, characterized by necessity and domesticity, traditionally excludes women from active participation in public affairs. This study explores Arendt's theories to analyze gender exclusion in Nigeria's public realm. Historically, Nigerian women have faced systemic marginalization, confined to the private sphere, hindering their political participation. This research aims to evaluate women's representation in Nigerian politics, the impact of colonial and post-colonial policies, and the role of patriarchal structures. Integrating Arendt's framework with gender theory and social exclusion, the study underscores the need for constitutional amendments and cultural shifts to enhance women's political agency. This research proposes multifaceted solutions. These include legislative reforms to promote gender equality, educational initiatives to empower women politically, and cultural shifts to challenge stereotypes and biases against women in leadership roles. Such interventions are crucial for dismantling existing barriers and fostering a more inclusive public sphere where women's voices are heard and their contributions are valued. This research uniquely applies Arendt’s political theory to the contemporary issue of gender exclusion in Nigerian politics, providing a comprehensive analysis that links historical, cultural, and structural factors. It offers actionable recommendations to improve women's political representation and participation, fostering women's education, political advocacy, and cultural change to achieve a more egalitarian society.

State Cannabis and Psychedelic Legislation and Microdosing Interest in the US

ImportanceDespite growing interest in psychedelics, there is a lack of routine population-based surveillance of psychedelic microdosing (taking “subperceptual” doses of psychedelics, approximately one-twentieth to one-fifth of a full dose, over prolonged periods). Analyzing Google search queries can provide insights into public interest and help address this gap.ObjectiveTo analyze trends in public interest in microdosing in the US through Google search queries and assess their association with cannabis and psychedelic legislative reforms.Design, Setting, and ParticipantsIn this cross-sectional study, a dynamic event-time difference-in-difference time series analysis was used to assess the impact of cannabis and psychedelic legislation on microdosing search rates from January 1, 2010, to December 31, 2023. Google search rates mentioning “microdosing,” “micro dosing,” “microdose,” or “micro dose” within the US and across US states were measured in aggregate.ExposureEnactment of (1) local psychedelic decriminalization laws; (2) legalization of psychedelic-assisted therapy and statewide psychedelic decriminalization; (3) statewide medical cannabis use laws; (4) statewide recreational cannabis use laws; and (5) all cannabis and psychedelic use restricted.Main Outcome and MeasuresMicrodosing searches per 10 million Google queries were measured, examining annual and monthly changes in search rates across the US, including frequency and nature of related searches.ResultsSearches for microdosing in the US remained stable until 2014, then increased annually thereafter, with a cumulative increase by a factor of 13.4 from 2015 to 2023 (7.9 per 10 million to 105.6 per 10 million searches, respectively). In 2023, there were 3.0 million microdosing searches in the US. Analysis at the state level revealed that local psychedelic decriminalization laws were associated with an increase in search rates by 22.4 per 10 million (95% CI, 7.5-37.2), statewide psychedelic therapeutic legalization and decriminalization were associated with an increase in search rates by 28.9 per 10 million (95% CI, 16.5-41.2), statewide recreational cannabis laws were associated with an increase in search rates by 40.9 per 10 million (95% CI, 28.6-53.3), and statewide medical cannabis laws were associated with an increase in search rates by 11.5 per 10 million (95% CI, 6.0-16.9). From August through December 2023, 27.0% of the variation in monthly microdosing search rates between states was explained by differences in cannabis and psychedelics legal status.Conclusion and RelevanceThis cross-sectional study found that state-led legislative reforms on cannabis and psychedelics were associated with increased public interest in microdosing psychedelics.

Legislative mechanisms of personal data protection in the health care system

Human rights and freedoms, guarantees of their observance and protection should be the basis of the activities of any democratic country in the world. The issue of information security becomes particularly relevant in modern conditions, because medical institutions collect and store personal data of persons who contact them, the results of laboratory and instrumental research, diagnoses, medical histories, etc. Endless reforms, changes in legislation, introduction of an electronic system in the field of health care cause a lot of discussions about individual mechanisms of its functioning and ensuring the protection of personal data. The collection of personal data must be lawful, subject to strict requirements and for a legitimate purpose. In addition, persons or organizations engaged in the collection and processing of personal information must protect it from abuse and respect the rights of data owners guaranteed by law. The reform of legislation in the field of data protection should take place in parallel with the dynamic process of development of Internet technologies, including the creation of a formalized system of legislation in the field of privacy. In addition, considerable attention should be paid to the level of awareness of citizens about how their personal data may be collected and used. In particular, the request for consent to the processing of personal data must be clear; access to own data should be simplified and their mobility should be increased for easier transfer of data from one service to another; companies and organizations must report serious security breaches in a timely manner. And of course, ensuring the appropriate level of responsibility and reporting of all those involved in personal data processing. Health care is increasingly reliant on information technology. More and more hospitals and healthcare institutions are using information and communication technologies to support and improve their work. Digital technologies are widely used in the public health care sector, including electronic prescriptions, appointments with a family doctor, records of services rendered, hospitalization, hospital discharge, etc. In this context, a wide range of eHealth tools and services have emerged. Electronic medical records are created in such a way that it is possible to transfer patient data between different medical professionals. Although digital health technologies have so many important functions, their high dependence on sensitive patient health information can cause information security issues. At the same time, a significant part of personal health data is often collected without informing patients about it.

ЗЕМЕЛЬНІ ПРАВОПОРУШЕННЯ: РОЗМЕЖУВАННЯ КРИМІНАЛЬНОЇ, АДМІНІСТРАТИВНОЇ І ДИСЦИПЛІНАРНОЇ ВІДПОВІДАЛЬНОСТІ

The constitutional principles of a democratic and legal state guide the development of Ukraine in the direction of people’s rule and a legal state. Therefore, the subsystem of legal norms regulating homogeneous relations in the sphere of public and state maintenance of law and order acquires special importance for the materialization of formal and declarative norms about a democratic and legal state. Therefore, it is relevant to substantiate the need to separate the rules (norms) of public (public) order and disciplinary responsibility for their violation from the branches of administrative legislation into a separate branch according to the postulates of law. It is appropriate that the state regulation of behavior in public (public) places should be set out in the Code of Public Order. And the norms regulating responsibility for land, forest, air, etc. misdemeanors were transferred to the basic codes regulating legal relations in the relevant spheres of socio-economic life. At the same time, the primary task is to update and reform legislation based on the postulates and axioms of legal theories. The formation and development of civil society, organized into a democratic, social, legal state, in accordance with the principle of popular sovereignty, leads to changes in the very essence of delictological legal relations, a return to the postulates of legal theory (in the context of revived natural law). The separation of prescriptions and sanctioned customs of public order into an independent branch of law by including public rules regulating this order in its institutions forms a system of norms of public legal order. The proposed differentiation and systematization of legal responsibility is the basis for bringing the legal system into compliance with the axioms of the theory of law (jurisprudence) based on the postulates of Roman civil law. This will contribute to the improvement of both public order, in particular, and the development of civil society institutions, democracy, and the establishment of the rule of law in general. As well as the humanization of legal responsibility, the spread of educational and psychological measures of social (moral) responsibility, the strengthening of the discipline of social coexistence, the education of citizens’ self-discipline as a component of individual legal awareness. The transfer of norms regarding the responsibility for land offenses of private law officials and citizens to the basic land code will allow to systematize and separate the norms regarding the direct administrative responsibility of public law officials (state authorities, local self-government bodies) for illegal actions (inaction), land offenses in the field of management. Key words: legal responsibility, criminal offense, administrative offense, land offenses, land offenses in the field of management, public order, public misdemeanor.