Legislative Agencies Research Articles

Norm Conflicts on Criminal and Administrative Sanctions in Forestry Law

This research is motivated by obstacles in the law enforcement process due to conflicts between government regulations and laws in the application of criminal and administrative sanctions in the forestry sector. The method used in this research is a normative legal research method with a statutory approach and a conceptual approach. The purpose of this research is to analyze and provide solutions to the norm conflict between Article 18 paragraphs (1) and (2) of the Republic of Indonesia Law No. 6 of 2023 concerning the Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 on Job Creation, which has been enacted into law, and the Government Regulation of the Republic of Indonesia No. 24 of 2021 on the Procedures for Imposing Administrative Sanctions and Procedures for Non-Tax State Revenue Derived from Administrative Fines in the Forestry Sector. The research findings indicate that based on the principle of lex superior derogate lex inferior, the applicable provisions are Article 18 paragraphs (1) and (2) of the Republic of Indonesia Law No. 6 of 2023, which states that criminal and administrative sanctions are imposed cumulatively. Therefore, Government Regulation No. 24 of 2021, which states that criminal sanctions are not imposed, must be set aside. To resolve this norm conflict, several steps can be taken, including legal interpretation by the Supreme Court, consultation and negotiation between legislative and executive bodies, revision and amendment of regulations by executive or legislative bodies, court intervention by the Supreme Court or the Constitutional Court, and regulation by independent bodies through the National Legislation Agency in Indonesia. This research provides recommendations to the government to formulate government regulations that do not conflict with laws to ensure an unhindered law enforcement process and achieve legal certainty, justice, and utility.

Explaining the failure of legislative agency in patronal divided executives: deputy meaning making and its impact on legislative quality in Kyrgyzstan 2010–2020

ABSTRACT In divided-executive patronal systems, legislatures have been sites of resistance to the centralization of power in a single patronal pyramid. Kyrgyzstan is an anomaly among divided-executive patronal systems when between 2010 to 2020, the Kyrgyz parliament was neither a site of opposition nor did it demonstrate legislative agency vis-à-vis the executive. Instead, following another uprising in 2020, a unified single patronal pyramid was re-established. Adopting an approach rooted in the semiotics of meaning making and drawing on a dataset of interviews with parliamentary deputies and a range of documentary sources, this article complements existing institutional approaches to explaining weak legislative agency by revealing a series of dialogical relationships between deputy meaning making and broader institutional and cultural constraints which shaped the Kyrgyz’s parliament’s overall quality and strength. These relationships pertain to legislative initiative, the protection of private interests and representation, with the interplay between the ascribed meaning and its constitution within broader institutional and cultural context contributing to the diminishment of legislative agency vis-à-vis the presidency. Kyrgyzstan illustrates the value of meaning making as an approach to understanding legislative-executive relations in non-democratic contexts, and its impact in conjunction with cultural and institutional constraints in shaping legislative agency.

POLEMIC POLICY OF PERMENDIKBUD RISTEK NUMBER 30 OF 2021 ABOUT THE PREVENTION AND MANAGEMENT OF SEXUAL VIOLENCE IN HIGHER EDUCATION ENVIRONMENT IN PUBLIC POLICY PERSPECTIVE

On August 31, 2021 Regulation of the Minister of Education, Culture, Research and Technology (Permendikbudristek) Number 30 of 2021 concerning Prevention and Handling of Sexual Violence in Higher Education was stipulated by the Minister of Education,Culture, Research and Technology and promulgated on September 3, 2021. The stipulation of this rule is only one day after the Legislation Agency ( Baleg) DPR RI on August 30, 2021 finally agreed to start from the beginning the process of formulating the Preliminary Draft of the Bill on the Elimination of Sexual Violence (RUU PKS) with a slight change in the title, becoming the Bill on Criminal Acts of Sexual Violence (TPKS). Substantially, the initial draft of this bill has similarities with Permendikbudristek Number 30 of 2021, namely regarding the definition, scope, and content of sexual consent which causes controversy in thecommunity. The controversy, which initially focused on the Bill on the Elimination of Sexual Violence, turned to the Permendikbudristek. This article will review Permendikbudristek in substance and its controversy in the midst of society and the implications it causes. Analysis of public Policy, including in the Formulation and Implementation is used as an approach to unravel various aspects, including the position of this Permendikbudristek in the hierarchical aspect of Indonesian legislation.

Sister Space: Collective Descriptive Representation and Black Women in Legislative Caucuses

Black women in elective office in the United States have demonstrated how descriptive representative transforms democratic institutions. This transformation is most evident in previously uncrystallized interests, those new to the agenda or not yet owned by specific political groups (Mansbridge 1999), articulated in legislative communication and action. For instance, Black maternal health is an issue that addresses the disproportionately poor health outcomes among Black women, who face systemic barriers to equitable care (Crear-Perry et al. 2021). Congresswoman Lauren Underwood’s (D-IL) 2021 Momnibus legislation included 12 bipartisan bills to address racial and ethnic disparities faced by mothers, children, and individuals who birth. Indeed, the creation of the Black Maternal Health Caucus (BMHC) demonstrates the legislative agency of Black women to form identity- and issue-based coalitions that suit the needs of Black women—needs often overlooked by Black men and white women.

Examining the role of human perceptions during cetacean stranding response in New Zealand

Cetacean strandings often elicit significant media attention and public engagement. However, how human perceptions of such events may influence decision-making during strandings response is poorly understood. To address this, we undertook an online questionnaire targeting stranding relevant/interested parties in New Zealand, Aotearoa to understand perceptions around stranding events and response. Participants responded to questions and statements using the 5-point Likert scale to explore human perceptions and expectations of intervention, decision-making, animal welfare and survival prognosis during strandings. Responses were analysed based on level of experience and role at stranding events using descriptive and multivariate statistics. A total of 268 respondents completed the questionnaire; most stated that human intervention is necessary to assist animals during strandings. However, 43% of respondents indicated that they did not know what affect intervention may have on the animals. Notably, participants felt that human intervention was more likely to improve survival (26%) than welfare (19%). Importantly, experienced responders appeared more welfare complacent, prioritising survival for strandings response decision-making. Respondents from the legislative agency responsible for strandings in New Zealand, indicated that public sentiment may take precedence over welfare considerations when considering euthanasia. Our results highlight a disjunct between perceptions of welfare and survival, despite these variables being inextricably linked. This may be cause for concern in highly publicised strandings events where management decisions are more likely influenced by public sentiment. Comprehensive animal assessments that are informed both by animal welfare and survival prognoses are required to ensure the best outcomes for stranded cetaceans.

The transparency of EU agency science: Towards a new proactive approach

Recent health and environmental crises have emphasized the importance of transparency of agency science, i.e. the scientific information that underpins public regulation. Yet how EU law shapes the transparency of EU agency science and whether it contributes to publicly holding experts to account for the quality of their advice, remains an open question. This article analyses the transparency regimes of three EU agencies.We show that the EU legal approach to transparency of agency science is undergoing significant change, through legislative reform and agency practice. The traditional “passive” approach based on the Access Regulation is fragmented and reveals several shortcomings. Recent trends, such as the 2021 reform of the General Food Law, indicate that the EU is moving towards “proactive transparency”, which improves expert accountability. Our study contributes to debates on EU risk regulation and the general reform of the Access Regulation. The article offers an interdisciplinary perspective informed by political epistemology, namely the study of the role of experts in public decision-making.

Institutional Design of The Regional House of Representatives (DPRD): Legal Political Study on Indonesia’s Law Number 23 of 2014 concerning Regional Government

By the promulgation of Regional Government Law (no. 23/2014), there has been a shift in the institutional design of the Regional House of Representatives (DPRD in Bahasa Indonesia), especially in the aspects of the legislative function and its authority, and there is an affirmation of the understanding of the DPRD as an element of regional government administration. In this context, the House of Representatives (DPR in Bahasa Indonesia) and the President deliberately combine the two types of power functions, the legislative and the executive, into one institution called the DPRD in the local government system in Indonesia. Shifting of institutional design above indicates that Regional Government Law is principally no longer categorizes the DPRD as a legislative agency, but rather as an executive institution playing a role in supervising the implementation of Regional Government. Based on this Regulation, the theoretical interpretation of DPRD’s existence is interpreted as an executive institution running the legislative function.

Establishment of National Legislation of the State of the Democratic Republic of Timor-Leste in Accordance with the Legal Ideals in the Constitution of 2002

The writing of this Dissertation, examines the "Establishment of National Legislation of the State of the Democratic Republic of Timor-Leste in accordance with the Legal Ideals in the Constitution of 2002". Which outlines the issues of statehood in the State of Timor-Leste, The establishment of legislation is essentially aimed at realizing legal certainty and justice in accordance with the legal mind (rechtsidee). The legal ideal as stated in the opening of the RDTL constitution in 2002. The establishment of the RDTL State Legislation is derived from the provisions of Article 1 paragraph (1) and Article 2 paragraph (2) of the RDTL Constitution of 2002. It explicitly states that Timor-Leste is a State of Law and Democracy, thus resolving legal issues by ensuring legal certainty to the public. And produce views / thoughts in order to produce laws that guarantee legal certainty. In Timor-Leste there is no hierarchy of legal norms, so there is a conflict of norms vertically and horizontal, besides not yet a philosophy of the nation that can be used as a source of all legal sources, and also the absence of a National Legislative Body to produce a good and responsive legislation. There are formulated three There are formulated three main formulations of the problem, namely: (1) The Essence of the Establishment of National Legislation of the Democratic Republic of Timor-Leste related to the Legal Mind in the Constitution of 2002. (2) Establishment of National Legislation of the State of the Democratic Republic of Timor-Leste related to the Ideal of Law. (3) Criteria of Laws and Regulations under the Responsive Act. Of the three problems presented, the general objective to be achieved is to study and understand analyzing the Establishment of National Legislation of the Democratic Republic of Timor-Leste from the philosophical and philosophical perspective of the Timor-Leste nation, which is in accordance with theoretical conceptual thinking based on the 2002 Constitution, and to analyze the Criteria of Legislation / Regulations under a responsive Law. This research includes a type of normative legal research, with a statutory approach, a conceptual approach, a comparative approach and a historical approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. This research yielded several conclusions, namely, the Essence of the Establishment of National Legislature in Timor-Leste related to the Legal Mind (recht idee) then can use the Philosophy of Uma Lulik, as a basic norm (Groundnorm) and legal ideal, can be used as a basis, source and guideline or philosophy of Uma Lulik as the source of all legal sources, must be spelled out in the laws and regulations of the State of the Democratic Republic of Timor-Leste. The two Timor-Leste do not yet have Hierarchy of Legal Norms which so there is still a conflict of norms both vertical and horizontal, thus the need for a Hierarchy of Legal Norms to avoid legal disputes. The three good laws and regulations are laws and regulations whose contents meet the expectations of the affected communities with laws and regulations that ensure legal certainty and justice, the need for the role of the National Legislation Agency in Timor-Leste, fourth, using ROCCIPI approach in designing a law. Keywords : Legislation, The Mind of the Law, philosophy of the nation. DOI: 10.7176/JLPG/118-10 Publication date: February 28 th 2022

Emerging challenges to greening of supply chains: an empirical study

PurposeThis study aims to investigate the greening practices adopted by micro, small and medium enterprises in India and recommend an empirically tested and validated green supply chain management (GSCM) practices construct. The study also aims at measuring the influence of pressures created by external and internal stakeholders on the GSCM score.Design/methodology/approachThe study used a mixed-method approach. Qualitative methods, including literature review, expert opinion, focused group discussions and questionnaire-based surveys, were used for item generation and data collection. Quantitative methods included exploratory factor analysis (EFA) to find out the reasonable number of constructs to include in the scale of the GSCM practice, confirmatory factor analysis (CFA) to purify/confirm the scale, and finally, structural equation modelling (SEM) to select the best fit model and to test all causal relationships as portrayed in the base model. In the two-stage survey, convenience and purposive sampling methods were applied.FindingsThe study develops an empirically validated scale of GSCM practices, which has 6 dimensions and 16 items. This scale can measure the greening score of GSCM practices implementation. Further, findings confirm that the pressures from external and internal stakeholders are the significant forces for micro, small and medium enterprises to adopt GSCM practices. Finally, mediation function of external/internal pressures and green factors also does occur where GSCM is the mediator.Research limitations/implicationsThe study is an extension of available literature on GSCM practices utilizing the survey data from India. It contributes to the literature on micro, small and medium enterprises and GSCM practices implementation and expands the scope of theoretical applications.Practical implicationsFor the managers, it provides useful insights about innovative practices to become eco-efficient. The second-order of scale reveals that managers need to equally focus on all factors rather than on any single one. Less GSCM practices score indicates the dearth of external and internal pressures on micro, small and medium enterprises. Therefore, managers need to collaborate with local customers, overseas customers, competitors and legislative agencies. Besides, training of employees, literacy of employees and support from top management also emerge as critical measures that help the industry implement GSCM practices.Originality/valueGSCM as a topic had been extensively explored within different business areas and functions in the available literature. However, this study has some significant values. At prima facie, the study is the first that elucidates GSCM practices by incorporating the effects of pressures of different stakeholders in the context of Indian micro, small and medium enterprises which is considered as the most unorganized sector. Second, the proposed model of the study could provide useful direction for GSCM practices implementation in the unorganized sector in developing nations. Third, the study can also benefit academicians interested in the researched topic, organizations within different sectors and any other party interested in understanding more the concept of GSCM.

Legal restrictions on the right of association in political parties and their interpretation in court decisions: comparative legal analysis

The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.

STANDARDIZATION OF PUBLIC AUDIT OF PUBLIC PROCUREMENT IN UKRAINE THROUGH THE INTRODUCTION OF COMPLIANCE AUDITS

The independent legislative agency of Ukraine according to the international standards ISSAI in private carrying out of the state audit (including the published purchases) is made. It is established that international practice has identified three components of public audit: performance audit, financial audit and compliance audit. The necessity of standardization of the state audit of public procurements through legislative fixing of audit of conformity is proved. The main objects of compliance audit are proposed: the activities of the customer (participant), public resources and the activities of responsible government agencies. Recommended main directions and procedures for compliance audit for each object and by stages of the life cycle of procurement items. Features of the audit of compliance of redistribution by the customer of various receipts for public procurement are considered. Features of audit procedures for different types of public procurement are identified. The recommended procedure and algorithm for auditing the correctness of determining the subject of procurement from the customer. The main mistakes and violations of the participants, which take place during the audit of compliance with public procurement, have been identified. The peculiarities of compliance audit at the stage of public procurement planning, pre-contractual and contractual relations in the electronic procurement system, as well as at the stage of use of procurement items are highlighted. It was emphasized that the responsible body should regulate issues related to the functioning of the electronic information system, platforms and web portal in the field of public procurement. The key elements of the Public Procurement Compliance Audit Standard (purpose, objectives, subject, objects, subjects, stages, methods, principles) are proposed.

Management Plan for Tailing Slurry at Gold Processing Plant: Case Study Pakay Gold Company Limited

The resultant disgusting effect related to failure to produce environmental friendly tailing slurry, call for developing a good management plan for tailing slurry production of the newly introduce dry tailing machine at the Gold Processing Plant of Pakay Gold Company Ghana Limited. Hence, the tailing slurry management plan consists of documented steps put together to enhance the discharge of environmentally acceptable tailing product for further monitoring and usage. The nonexistence of a plan for managing input (40% solid slurry) and output (product) of the tailing filtration plant (dry tailing machine) at Pakay Gold Company is a recipe for systemic disaster which points to the potential of legislative litigation with production and revenue shortfalls. This points out the need for this paper’s assessment of plant slurry threats or opportunities, sets an objective for management plan, develops premises and identifies alternatives of the tailing slurry input and product to enhance the development of a plan for managing the dry tailing machine. Furthermore, additional management plan steps that followed were examination and selection of alternative action plan for environmental toxic prevention model. Moreover, plan for implementation as well as supporting plans and review measures were done to eliminate any future legislative agencies litigation. The aim of this paper is to provide tailing slurry management plan that will ensure the eradication of any potential adverse environmental effect and litigation phenomenon that may be associated with the products of the tailing slurry filtration plant.

Ukrainian-Russian Relationship in 1917-1918: History Lessons

The author has carried out a comparative analysis of Ukrainian-Russian relationship between the days of the Ukrainian Central Rada and the modern period. The character and ideological basis of stable tendencies in Russia’s policy towards Ukraine have been demonstrated. The similarity in the approaches of the Russian central government to the so-called “solution of the Ukrainian issue” has been determined; the essence of Russian chauvinism in understanding the right of nations to self-determination has been demonstrated. The causes and consequences of the war between Soviet Russia and the Ukrainian People’s Republic have been analyzed. The author has determined the main significant, fateful mistakes of the leaders of the Central Rada within relations with the People’s Commissar of Russia, which led to the loss of authority and support of the Ukrainian people for national power and, as a consequence, the collapse of the Ukrainian People’s Republic. The nature and essence of the ideology of the so-called “Russian world” have been revealed. It has been concluded that the history of Ukrainian statehood in 1917-1918 is instructive in many aspects, since it shows that one of the main reasons for the defeat of the Ukrainian Central Rada, which ultimately failed to defend the Ukrainian People’s Republic, was the lack of necessary consolidation of national political forces in solving urgent state affairs (creation and development of own army, timely solution of social, economic problems, efficiency of work of legislative and executive agencies, etc.). It has been noted that the challenges currently facing the Ukrainian state – Russia’s annexation of Crimea, the invasion of its troops in the East, the information war, the propaganda of the so-called “Russian world”, etc. – are not new. In many ways, they repeat what happened in 1917-1918. In particular, the proclamation of puppet pseudo-republics “DNR” and “LNR” in the East of Ukraine, through which Russian troops de facto launched the war against Ukraine. That is why modern Ukrainian politicians need to learn the lessons from the past. Nowadays, when Ukraine is defending its independence from Russia, Ukrainian statesmen and politicians must abandon their narrow party and self-interests and work together to protect national achievements from the encroachments of the “Russian world”, the most important of which is the state of Ukraine.

Long Live the Common Law of Copyright!: Georgia v. Public.Resource.Org., Inc. and the Debate over Judicial Role in Copyright

In Georgia v. Public.Resource.Org, Inc., the Supreme Court resurrected a nineteenth century copyright doctrine — the government edicts doctrine — and applied it to statutory annotations prepared by a legislative agency. While the substance of the decision has serious implications for due process and the rule of law, the Court’s treatment of the doctrine recognized an invigorated role for courts in the development of copyright law through the use of principled reasoning. In expounding the doctrine, the Court announced a vision for the judicial role in copyright adjudication that is at odds with the dominant approach under the Copyright Act of 1976, which sees courts as limited to interpreting and deferring to the text of the statute. This Essay unpacks the longstanding debate about judicial role in copyright that manifested itself rather vividly in the majority and dissenting opinions in the case. In the process, it shows how Chief Justice Roberts’ opinion for the Court consciously unraveled a delicate — but undesirable — institutional balance that has come to be accepted within the world of copyright law, and imagines the consequences that it might have for the future of copyright adjudication and law-making.

FEATURES OF STATE MANAGEMENT OF INFORMATION TECHNOLOGIES IN ORDER TO INCREASE THE INVESTMENT POTENTIAL OF THE STATE AND ECONOMIC SECURITY OF UKRAINE

Digital transformation today is a priority area for the innovative development of production and economic systems at various levels of development and a tool for ensuring the long-term competitive advantage of the state. This requires a targeted and coordinated innovation and investment policy of executive and legislative agencies at all levels, as well as active public-private partnerships. The article presents a theoretical generalization and a new solution to a scientific problem, which is manifested in the development of available and the introduction of new theoretical and methodological approaches to the state management of information technology to increase the investment potential of the state and its economic security. It is noted that there is no universal approach or a single model for regulating information and the information sphere. Each region of the world and each country has its internal functions, which, in turn, determine the specifics of this process. According to modern IT developments in Ukraine, the state regulation of the IT industry needs reforming. It has been proved that the following areas of management were of particular relevance for Ukraine: activating projects for the digitization of information; launching powerful internal competitions for startups and innovation in education, medicine, transport, agriculture; introducing a step-by-step mechanism for supporting investment projects related to information technology through a public-private partnership model; identifying segments in the market of IT products and services that will be a priority for Ukraine in terms of attracting export revenue. The areas for improving the system of public and private management of information technology in Ukraine have been identified, which will be aimed not at the development of innovations, but at the formation of a basic infrastructure to improve the already existing world developments in the IT industry through the transformation of the taxation system, education and science, as well as the adaptation of the domestic regulatory framework. The role of state management of information technology in ensuring the economic security of the state has been determined.

Demystify False Dilemmas to Speak About Corruption in Health Systems: Different Actors, Different Perspectives, Different Strategies Comment on "We Need to Talk About Corruption in Health Systems".

The call of the editorial of the International Journal of Health Policy and Management regarding the "Need to talk about corruption in health systems" is spot on. However, the perceived difficulties of why this is so should be explored from an actor’s perspective, as they differ for government actors, donors and the research community. In particular, false dilemmas around definition problems should be demystified, including by building systematic bridges between the anti-corruption/integrity and health policy communities of practice. In addition, the focus on corruption in frontline health service delivery generating mainly problems of access to health, needs to be complemented with addressing sophisticated kickback schemes, nepotism, and state capture of legislative and regulatory agencies and processes draining the health systems of large amounts of resources leading to another false dilemma of assumed sector underfunding. In terms of what can be done, comprehensive corruption experience and risk assessments conducted by independent actors, eg, universities, aimed at generating some basic consensus among the different actors of priority areas to be addressed on the basis of a co-responsibility approach could provide the basis for reform. Finally, governments and private sector actors in countries characterized by systemic corruption and clientelistic political systems will not reform themselves without strong and sustained demand from civil society and the media.

Legislative Intention, Interpretation, and the Principle of Legality

In this article, use of the notion of legislative intention is defended as a concept appropriate for the context of the exercise of political and legislative agency by Parliament and to protect democratic values, and an account is given of the process of interpretation of legislation by courts and of the location and proper role of the principle of legality within that process.

The Rules on Agency Labour in the Labour Legislation of the Russian Federation

The article refers to the concept new to the Russian labour legislation—agency labour. It examines the problem in legal regulation of the labour contract workers and attempts by the state as part of the solution to this problem regulate legal relations regarding the use of agency labour. The article analyses new to the Russian labour legislation of the Russian Federation rules on agency labour and delivery staff (personnel). The article provides examples of legal regulation of agency labour in some European countries, related to agency labour which recently was negative because of the position of the International Labour Organization, expressed in a number of conventions and recommendations. In the course of the study, such scientific methods as the subject, and specially-legal methods (historical and legal, comparative law) were used. The author distinguishes several periods of agency labour. At the initial stage of the development of agency labour, in Russia there existed ignoring behaviour of the legislator in relation to the agency labour. Then, taking into account the negative consequences for the Russian society, we observed protective options: the negative reaction of the tax authorities, prosecutors and courts to the employment agency workers. Today we can already talk about the combination of adaptive and active variants of behaviour. Based on the study, the author concludes that the meaning of certain provisions of the agency labour needs further interpretation and application of the new rules will not lead to a ban, but to the actual legalization of agency labour through a permitted exception, as it does not appear in principle prohibited by the difference between the borrowing and labour grant temporary provision of personnel. The author sees the new rules a lot of positive things (requirements for accreditation of private employment agencies, the presence of mechanisms to protect the rights, freedoms and legitimate interests of the participants in these relationships). DOI: 10.5901/mjss.2015.v6n5s4p497

Nursing Care in Alcohol and Drug User Treatment Facilities

Registered and advanced practice nurses are employed in substance user treatment facilities across the US and in most industrialized countries. Patterns of employment and job descriptions for nurses, however, are highly inconsistent and seriously flawed. Many regulatory system, legislative and government agency factors and to some degree, the nursing profession itself, sustain the flaws and limit the delivery of comprehensive care. Competencies linked to addictions nursing best practices are often underutilized because of narrow job descriptions. This results in limited health and nursing service delivery to vulnerable populations receiving treatment in these government funded programs. This article highlights the increasing demand for the delivery of integrated care to psychiatric and substance using populations. The author considers factors which stake holders can influence to change flawed employment patterns and limited access to comprehensive care for substance users.

Pain Medicine

Over the last 30 years, pain has become one of the most dynamic areas of medicine and a public health issue. According to a recent Institute of Medicine report, pain affects approximately 100 million Americans at an estimated annual economic cost of $560 to $635 billion and is poorly treated overall. The American Board of Medical Specialties (ABMS) recognizes a pain subspecialty, but pain care delivery has struggled with increasing demand and developed in an inconsistent and uncoordinated fashion. Pain education is insufficient and highly variable. Multiple pain professional organizations have led to fragmentation of the field and lack of interdisciplinary agreement, resulting in confusion regarding who speaks for pain medicine. In this Perspective, the authors argue that ABMS recognition of pain medicine as an independent medical specialty would provide much needed structure and oversight for the field and would generate credibility for the specialty and its providers among medical peers, payers, regulatory and legislative agencies, and the public at large. The existing system, managed by three ABMS boards, largely excludes other specialties that contribute to pain care, fails to provide leadership from a single professional organization, provides suboptimal training exposure to pain medicine, and lengthens training, which results in inefficient use of time and educational resources. The creation of a primary ABMS conjoint board in pain medicine with its own residency programs and departments would provide better coordinated training, ensure the highest degree of competence of pain medicine specialists, and improve the quality of pain care and patient safety.