Legislative Action Research Articles

Application of statutes of limitations in conditions of martial law

The article is dedicated to highlighting the legal issue of applying statutes of limitations in conditions of martial law, which has been in effect in our country since February 24, 2022. The attention was focused on the fact that problematic issues regarding the application of statutes of limitations arose earlier, during the Covid-19 pandemic, when quarantine restrictions were introduced, and the legislature established norms regarding the extension of statutes of limitations. The authors examined the importance of the existence of the statute of limitations institution in the context of the right to judicial protection. It was determined that the statute of limitations has significant importance for participants in judicial proceedings since for the plaintiff, it serves as a legislatively defined opportunity to seek protection within a certain period to defend their rights and freedoms, while for the defendant, it is a tool for protecting themselves from civil liability by applying statutes of limitations, which is an independent ground for denying the claim. The issue of suspending the statute of limitations in the context of legislative norms in the Civil Code of Ukraine was also examined. The authors noted that the term "extension of statutes of limitations” used by the legislature during the quarantine and martial law period is an unsuccessful formulation and in some respects contradicts the norms of legislation. The Civil Code of Ukraine provides that the statute of limitations can be extended by agreement of the parties or suspended in case of certain circumstances. Additionally, the authors examined the issue of the appropriateness of suspending statutes of limitations during martial law. It was determined that as of January 30, 2024, the statute of limitations established by the Civil Code of Ukraine is fully suspended for the duration of martial law. However, in the authors' opinion, the actions of legislators, which manifested in the mandatory suspension of statutes of limitations, violate the right to judicial protection and place one party in a better position compared to the other. The authors proposed changing the approach to statutes of limitations by not suspending them but providing the plaintiff with the opportunity, in case the defendant claims the application of statutes of limitations, to present convincing arguments to the court that they missed the specified period for valid reasons, rather than just due to the existence of martial law.

Criminal law and procedural characteristics of war crimes in Ukraine (after the full-scale invasion of the russian federation into Ukraine)

Criminal law and procedural characteristics of war crimes in Ukraine (after the full-scale invasion of the russian federation into Ukraine)

Establishment and development of the legislation of the Western Ukrainian People's Republic

The article examines the historical and legal aspects of the formation and development of the legislation of the ZUNR, in particular, it is stated that the beginning of a new stage in the development of state-building processes in the western Ukrainian lands was their inclusion in the Austrian Empire at the end of the 18th century. It was found that during the First World War, political life in the western Ukrainian lands became more active in the context of imperial policy and the national movement aimed at the formation of a national state. It has been found that the intensification of legislative activity in the western Ukrainian lands is connected with the events of November 1, 1918, in particular with the declaration of an independent Ukrainian state in the western Ukrainian lands, with the center in Lviv. The Ukrainian National Council became the main political body responsible for the development of the national state in the western Ukrainian lands. On November 13, 1918, the UN Rada adopted the «Temporary Basic Law on the State Independence of the Ukrainian Lands of the Former Austro-Hungarian Monarchy», which completed the process of constitutionalization of the newly created state. Formation of legal norms that regulated the main spheres of social life. In addition, a number of legislative acts were developed and adopted, which were supposed to regulate a complex of issues related to economic relations, the financial sphere and property obligations, as well as certain aspects of civil and criminal law. It was established that the «Act of Detachment» between the Ukrainian People's Republic and the Ukrainian People's Republic of Ukraine, adopted on January 22, 1919, was an important document, because it has significant legal, political and historical significance for the Ukrainian present, as it becomes a consolidating factor of public consciousness. The author of the article emphasizes that the characteristic features of national legislation in the Western Ukrainian People's Republic at the time were brevity and the introduction of a system of administrative responsibility for violations of legal norms, as well as the issuance of various by-laws in the form of orders.

Terminological support for the systematicity of tax regulation as a basis for achieving a balance of interests of participants in tax relations in Ukraine

The relevance of the research topic is backed by the fact that the current tax legislation and other industrylegislation bordering on tax regulation cannot be defined as a systemic, coordinated framework. There arefundamental differences both between certain legislative acts and between certain legislative norms withinone act. The relevance is further forced by the fact that the respective influence on achieving systematic taxlegislation is yet to be taken into account considering the provisions of the Law of Ukraine "On Policy-Making Activities". The purpose of the article is to analyze the terminological aspects that express thecontent of tax regulation, which is carried out in view of the systemic criteria for composition of tax law. Theresearch applies methods of scientific knowledge that specify the problematic nature of the consideration ofissues, namely the systematic method (through which the systematicity of tax law and the systematicity of taxlegislation is investigated), comparative (through which a comparative analysis of the development dynamicsand changes in legislative norms is carried out), prognostic (through which the conclusions regarding theprospects for changing the tax legislation system are made). The comparative nature of the system of both taxlaw and tax legislation is researched. The tax glossary is characterized through the possibilities andconsequences of formulating a stable construction of definitions that expressly ensure tax regulation. Theanalysis of the raised issues is carried out through determining a number of aspects based on the assessmentof the norms of the Law of Ukraine "On Policy-Making Activities". The classification of laws in the context oftax regulation is provided. The system of legislative impact is based on the consistency of the relevant rulesfrom a constitutional norm to a norm of a bylaw . Emphasis is placed on two original constitutionalconstructs (Articles 67, 92 of the Constitution of Ukraine), which are further specified in the relevant taxlegislation. On the basis of the conducted research, conclusions and recommendations were developed that aclear consideration of a particular balance of norms contributes to the elimination of gaps and conflicts intax regulation. Achieving a balance of interests of the participants in tax relations cannot occur in case ofsystematic ignoring and violation of policy-making procedures. Article 4 of the Tax Code of Ukraineestablishes unanimous requirements regarding the stability of tax legislation, the objective necessity of acertain period of delay between the moment of adoption of a legislative norm and its entry into force.

The Road to Change: The Perspectives of Academicians on Charter Change in the Philippines

The ongoing campaign to modify the current 1987 Philippine Constitution is part of being a democratic society. Resisting such an endeavor, if supported by a logical public consensus-building process, is also an important component of democracy. As a democratic country, the Philippines fits ideally into this constitutional reform setting. As such, this paper will examine the perspectives of Filipino academicians in addressing the growing pursuit of constitutional change to assist people in making better decisions and ideas for contemporary societal concerns. Using purposive sampling, in-depth interviews were conducted with the selected Filipino academicians. The interview elicited participants' perspectives on the growing concerns about the charter change in the Philippines, considering the timeliness, scope of changes, complicated legal procedure, and impact on the economy, politics, and Filipino people. Furthermore, it investigates if the implementation is necessary in the current circumstances. According to the data, most Filipino academicians oppose the present constitutional amendments since the government's goals are unclear. As suggested, there must be clear rules and intents that the charter change aims to solve, as this cannot be accomplished alone through a constitutional amendment, ordinary legislation, or executive action. The government must establish definitive rules and give the Filipinos the exceptional political leadership that all citizens deserve.

Legal Counterrevolution: Property and Judicial Power in the Weimar Republic

This article offers a new account of the rise of judicial power in modern Germany. Strong judicial control of the government is often associated with the constitutional ethos that emerged in postwar West Germany as a reaction to Nazi rule. This article locates the origins of German judicialization in the political struggles of the Weimar era. It shows how the assumption of a power to judicial review by Germany's highest court, the Reichsgericht, was the product of the successful cooperation of the judiciary with conservative political parties on the issue of property rights in the young republic. These were at the centre of two controversies examined in the article: the expropriation of princes of former ruling houses and the consequences of the hyperinflation of 1923. In both cases the Reichsgericht used an understanding of property as an inalienable right to radically reinterpret Germany's first democratic constitution, which had in fact granted the legislature extensive power to modify property relations. This suited the judiciary's own objective of assuming stronger controls over legislative action and bolstered the political position of conservative forces in Weimar politics. What emerged was a supra-positive constitutionalism that sought to supersede the written constitution. These political realities were an essential context for theoretical debates on the extent and limits of judicial power between theorists such as Carl Schmitt, Hans Kelsen, Hermann Heller, Franz Neumann, and Ernst Fraenkel. An examination of the complex interaction of parliamentary, judicial, and popular politics concerning the issue of property reveals that German judicial empowerment amounted to an attempt to rewrite the Weimar Constitution and limit the scope of Germany's democratic revolution.

A Comprehensive Dataset of Four Provincial Legislative Assembly Members

Abstract This research note reports on a new dataset about legislators in four Canadian provinces since the establishment of their colonial assemblies in the eighteenth century. Over 7,000 legislators from Ontario, Quebec, New Brunswick, and Nova Scotia are included, with consolidated information drawn from multiple sources about parliamentarians’ years of birth and death, religion, electoral performance, kinship, and several other biographical indicators. We also illustrate the utility of such data with the help of a few descriptive examples drawn from the four provinces. We believe this consolidated dataset offers several opportunities for future research on representation, legislative activities and party politics.

STATE AND PROSPECTS FOR THE DEVELOPMENT OF ISLAMIC FINANCE INSTRUMENTS (SUKUK) IN RUSSIA AND ABROAD

The search for new sources of financing investment projects in modern Russia in the context of external sanctions and the implementation of geopolitical threats actualizes the problem of incorporating Islamic finance instruments into the structure of the financial market. The early twentieth century development experience of a number of foreign countries shows the steady growth of the assets of Islamic banks, investment funds and the volume of issuance of investment certificates (sukuk), which constitute the main segments of Islamic finance in the world. Islamic financial assets are widely represented in the Gulf countries, Southeast Asia, the Middle East and South Asia, and Africa. The implementation of the principles of Islamic finance in the Russian Federation is hampered by legal, cultural, historical and political factors. While there are certain Islamic financial products in Russia, there is no issue of sukuk at all. In this regard, the purpose of this paper is to study the principles of Islamic finance and the functioning mechanism of the market for the investment certificates (sukuk), possibilities and limitations of their implementation in the modern Russian economy. The author defines sukuk as an Islamic financial instrument used for securitization of assets, and identifies its differences from traditional bonds. Alternative approaches to solving the problem of compliance of sukuk with Sharia principles are analyzed. The prerequisites for realizing the potential of sukuk in modern Russia are determined and the obstacles to their issuance are formulated. It is concluded that the adoption of the Federal Law of 04.08.2023 N 417-FZ "On Conducting an Experiment to Establish Special Regulation in Order to Create the Necessary Conditions for Carrying out Partnership Financing Activities in Certain Constituent Entities of the Russian Federation and on Introducing Amendments to Certain Legislative Acts of the Russian Federation" and its implementation, taking into account its provisions of pilot projects in a number of Russian regions, will make it possible to intensify the process of incorporation of project financing instruments into the structure of the financial markets of modern Russia.

Профессиональные риски в адвокатской деятельности

Advocates in their activities face numerous risks that cannot but affect the effectiveness of protecting the rights, freedoms and legitimate interests of individuals and organization. The purpose of the article is to identify these risks and explore ways to minimize them both within the framework of legislative activity, and in theory and practice. Increasing the level of legal awareness and legal culture of society is also inextricably linked with overcoming by representatives of the legal profession, including advocates, those challenges that pose professional risks to them.

Game-theoretic modeling in regulating greenhouse gas emissions

This research introduces an innovative framework for addressing the escalating issue of greenhouse gas emissions through the integration of game theory with differential equations, proposing a novel model to simulate the regulatory dynamics between emission sources and legislative actions. By blending advanced mathematical modeling with environmental science, this paper underscores the critical necessity for pioneering, proactive strategies in environmental management and policy formulation. Central to our approach is the simulation of interactions within a game-theoretic context, aiming to delineate optimal strategies for emission sources and regulatory bodies, factoring in legislative constraints and environmental ramifications. The methodology employs a system of ordinary differential equations, capturing the dynamic, non-stationary nature of atmospheric processes and offering a realistic portrayal of the challenges in mitigating greenhouse gas emissions. Furthermore, the study introduces a fee-based regulatory mechanism designed to encourage emission reductions, highlighting the economic implications of such strategies. Significantly contributing to environmental management, this research presents a detailed model capable of predicting the trajectory of greenhouse gas emissions over a decade, considering the potential impact of technological innovations in emission control. The conclusion emphasizes the promising role of artificial intelligence in refining environmental governance, acknowledging the complexities and limitations inherent in predictive modeling. Aimed at policymakers and environmental scientists, this paper serves as a strategic tool for informed decision-making, advocating for a multidisciplinary approach to develop sustainable, effective solutions to combat one of the most critical environmental challenges facing the globe today.

AN OVERVIEW OF CORPORATE SOCIAL RESPONSIBILITY ACTIVITIES IN COIMBATORE DISTRICTS

The concept of Corporate Social Responsibility is a very broad one, encompassing the various dimensions of the business world. Social responsibility in marketing involves focusing efforts on stake holders who want to make a positive difference with their requirements. Social responsibility has a great impact in the performance of various organizations. The CSR strategies may vary in accordance with company nature(size), Type, Form of Industry. The CSR ambit is getting bigger and for upcoming years it would turn as a unique knowledge base for analysing and achieving sustainability goals as among various large economies. India is a country which has assured by mandating CSR through its legislative action. This study focus on companies CSR efforts from their practices to broad societal impacts, be explained by the Classical model, Stakeholder model, Sustainability model, Concentric Circle model, or by a combination of all four.

Earth jurisprudence in South America: Trends and developments

This article aims to present an analysis of the evolution and contributions developed and integrated into the corpus of Earth Jurisprudence from practice in seven (7) South American countries where 135 records were found between 2005 and 2023. The case study was carried out using the methodological approach of the qualitative approach, the hermeneutic method, and the documentary review technique. The unit of analysis was based on the recognition of rights to nature, the data and information organized according to legal/political provisions, the state, the actor that initiated the action, and the ecological actor involved. Among the most outstanding findings, it is evident that a large number of records are concentrated in Ecuador and Colombia. The first correlates with the constitutionalization of the rights of nature and coincides with the second as they have been part of the stream known as new Latin American constitutionalism. In addition, a notable jurisprudential development recognizes nature as a subject of rights and declares it a victim of the armed conflict. Bolivia, which also joined this emerging denomination, has a different tendency than it had in its beginnings, not as the two countries mentioned above have done. Brazil stands out for its considerable increase in such legislative recognition. Argentina has a stronger emphasis on animal law. Peru has an incipient contribution to some regulatory implementation. Finally, Chile, the most laggard, tries it with a new constitution that recognizes these rights without having the approval at the ballot box. It is concluded the need to elevate the rights of nature and animals to constitutional status, claiming indigenous and ancestral cosmogonies regionally since it includes a legal stability that would facilitate the work of judicial and legislative actors and decision-makers for developing public policies, which would contribute to the practical development of the new Latin American constitutionalism and the Earth Jurisprudence.

Are women politicians outperformed by men? The impact of gender on legislative activity in Japan

AbstractObjectivesGiven the distinct political landscape of Japan, this study aims to explore the impact of gender on the parliamentary behavior of Japanese legislators.MethodsUtilizing a self‐constructed data set covering the 44th–48th Diets (2005–2021), this study examines the individual‐level parliamentary activities of male and female legislators in Japan. Key metrics analyzed include the frequency of speeches delivered in both plenary and committee sessions, alongside the submission of memorandums to the Diet.ResultsThe findings indicate that on the whole, gender exerts only a minimal effect on parliamentary activities. However, upon closer examination of members belonging to opposition parties during specific time periods, female legislators emerge as more active in terms of questioning and memorandum submission compared to their male counterparts.ConclusionThis study unveils a noteworthy trend wherein women legislators in Japan demonstrate equal or greater engagement in parliamentary activities than their male counterparts. These findings underscore the importance of exploring gender dynamics within political systems beyond the Western sphere. Moreover, they emphasize the necessity for ongoing research into gender representation and participation within Japan's political arena.

Striking Balance in Democratic Governance: The Battle for Control between the Administrative and Legal Branches

Striking Balance in Democratic Governance: The Battle for Control between the Administrative and Legal Branches

Examining the Role of Trade on the Relationship between Environmental Quality and Energy Consumption: Insights from Sub Saharan Africa

This study looks at the relationship between energy consumption and environmental quality in Sub-Saharan Africa (SSA) and how trade with other countries affects it. It examines data from 35 SSA economies between 1996 and 2020, categorized into low-income (LICs) and middle-income (MIC) countries. Using the cross-sectional augmented autoregressive distributed lag (CS-ARDL) approach, the results show that energy use, especially in MICs, negatively affects environmental quality. Trade, however, considerably lessens these detrimental environmental implications of energy consumption. According to the study, legislative actions intended to stop environmental deterioration in Sub-Saharan Africa should take into account the unique political and economic circumstances of each country. In addition, authorities should strike a balance between economic interests and environmental concerns, particularly in sectors dependent on the importation of used goods, and trade and environmental regulatory agencies must work together to enforce age restrictions on imported used items.

FACTORS IDENTIFICATION AFFECTING OCCUPATIONAL HEALTH AND SAFETY SYSTEM USING DELPHI METHOD AT INDONESIA REPRESENTATIVE COUNCIL BUILDING

Negligence in carrying out renovation work by the contractor, namely elevator fire incidents or events at the Indonesia Representative Council Building can disrupt the productivity and continuity of legislative activities. Implementation of OHSMS is a preventive action for incidents that could result in fatality in the workplace. The impact is the postponement of important agendas. This research aims to analyze the factors that influence the OHSMS in Indonesia Representative Council Building. Qualitative approach is used with questionnaires, in-depth interviews and document analysis as data collection methods. The results identified a number of key factors that influence the implementation of the OHSMS in the Indonesia Representative Council Building. Competency, regulations, participation, commitment, and supervision are the factors that used for developing OHSMS, also already validated by experts. These factors are interrelated and contribute to creating a safe and healthy work environment in the Indonesia Representative Council Building. The results of this research have important implications in improving OHS in the Indonesia Representative Council Building and may be applied in similar organizational contexts. All of this research results can be use for develop occupational health and safety management system by building a strategy for reducing accident at work environment.

Ethical Considerations in Artificial Intelligence: Addressing Bias and Fairness in Algorithmic Decision-Making

The expanding use of artificial intelligence (AI) in decision-making across a range of industries has given rise to serious ethical questions about prejudice and justice. This study looks at the moral ramifications of using AI algorithms in decision-making and looks at methods to combat prejudice and advance justice. The study investigates the underlying causes of prejudice in AI systems, the effects of biased algorithms on people and society, and the moral obligations of stakeholders in reducing bias, drawing on prior research and real-world examples. The study also addresses new frameworks and strategies for advancing justice in algorithmic decision-making, emphasizing the value of openness, responsibility, and diversity in dataset gathering and algorithm development. The study concludes with suggestions for further investigation and legislative actions to guarantee that AI systems respect moral standards and advance justice and equity in the processes of making decisions. Keywords Ethical considerations, Artificial intelligence, Bias, Fairness, Algorithmic decision-making, Ethical implications, Ethical responsibilities, Stakeholders, Bias in AI systems, Impact of biased algorithms, Strategies for addressing bias, Promoting fairness, Algorithmic transparency.

Discapacidad y derechos: una mirada desde instrumentos que garantizan la accesibilidad educativa e informativa en Paraguay

Disability has evolved historically and has been addressed from a variety of approaches, and the social model underpins the Convention on the Rights of Persons with Disabilities. Another international instrument inspired by the Convention’s principles is the Marrakesh Treaty, which facilitates beneficiaries' access to reading and education. This article aims to examine these agreements approved by Paraguay, which are mechanisms for achieving an equitable and inclusive society. Also under consideration is the progress made in complying with the provisions of the Convention and the axes of the National Action Plan for the Rights of Persons with Disabilities. This public policy tool enables the cross-cutting of this issue in state institutions. A qualitative descriptive study methodology was employed through a bibliographic review of documentary research and technical reports within the scope of the current study's topic. While Paraguay has witnessed legislative progress recognizing the rights of this group, challenges persist in ensuring their effective implementation. Hence, it is crucial to have a coordinated effort between institutions and civil society organizations to achieve legislative initiatives and actions for educational and informational accessibility that consider the needs of this vulnerable social sector.

Monitoring problems of court proceedings regarding criminal offenses in Ukraine

Each sphere of legal regulation with a dynamic movement objectively has certain problems caused by the development of social relations, the assessment of which allows for the development of ways to eliminate them and the practice of uniform law enforcement. Given the novelties of criminal proceedings regarding criminal offenses and the lack of unity of law enforcement due to the ambiguity of criminal procedural legal regulation, the problematic issues of court proceedings regarding this type of criminal violations are of research interest. In this regard, the article highlights the results of the monitoring of such problems and expresses the author’s vision regarding their solution. Attention is focused on three types of problematic issues: theoretical-methodological, practical and normative. In order to generalize problematic issues, the following are analysed: modern scientific developments regarding criminal offenses in general, and court proceedings regarding them, in particular, presented after the entry into force of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding Simplification of Pretrial Investigation of Certain Categories of Criminal Offenses» (from 01 July 2020); practice of the Supreme Court regarding criminal offenses and legislative proposals in this area. The conducted monitoring allowed the author to summarize the identified problematic issues of court proceedings regarding criminal offenses and to express the author’s vision regarding their solution. At the same time, it was noted that there is objectively no categorical distinction between some theoretical- methodological and normative issues, given their interdependence and multi-vector significance for both the theory and practice of law enforcement. The author ascertained the lack of dynamic development of court proceedings regarding criminal offenses in both theoretical and methodological (research) and law-making vectors and indicated the need to form a comprehensive vision of its improvement: from theory to practice.

Personal Guarantors to Corporate Debtor

Given the interrelated nature of the insolvency process involving personal guarantors of the corporate debtor due to shared debts, the Central Government, in November of 2019, introduced the provisions related to “Insolvency Resolution and the Bankruptcy Process of Personal Guarantors to the Corporate Debtors”. This legislative action provided creditors with the flexibility to commence proceedings against both personal guarantors of corporate debtors and corporate debtor (CIRP) simultaneously and thereby it improves the chances of recovery to the stakeholders of the corporate debtor and encouragement of cohesive approach in resolving insolvency issues. A notable ruling by the Appellate Authority in the case of SBI vs. Athena Energy Ventures (P) Ltd further confirmed that the IBC, 2016 permits the simultaneous initiation of the Corporate Insolvency Resolution Process (CIRP) against the primary borrower and its guarantors of the principal borrower, when guaranteed by the individuals.