Development Of Legislation Research Articles

Employment Discipline And the Threat of Dismissal Asregulators of the Labor Market in Kazakhstan (SDG)

Objective: This study investigates the role of unemployment as a mechanism of labor discipline in Kazakhstan. It analyzes the relationships between the official unemployment rate and the labor legislation reforms regulating labor discipline that have occurred since Kazakhstan gained independence. The manuscript outlines the developmental stages of labor legislation concerning labor discipline. Method: The research is based on a comprehensive analysis of statistical data, legislative acts, and judicial practices in Kazakhstan. Data sources include official statistics on unemployment and labor disputes, an analysis of changes in the Labor Code of Kazakhstan, and a review of judicial decisions related to disciplinary sanctions and dismissals. Results: The study reveals that strengthening disciplinary responsibility and expanding the powers of employers have significantly contributed to the decline in unemployment in Kazakhstan. These results support the hypothesis that strict labor discipline and pressure on employees can positively impact the overall labor market. However, this impact is not isolated but part of a broader set of measures. Contribution: This research provides a detailed comparative analysis of the number of labor disputes and the evolution of Kazakhstan's labor discipline legislation. Key observations include the correlation between stringent disciplinary norms and reduced unemployment, the influence of judicial practices on labor discipline, and the necessity of balancing strict discipline with fair treatment to prevent legal disputes. The findings offer valuable insights for optimizing labor policies to support sustainable labor market development in Kazakhstan. These insights align with the goals of SDG 8, which promotes sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all.

Protection of Family Values in Russian Law: Questions of Theory and Practice

Introduction: at the moment, Russia is further developing the concept of traditional values, which include family values. Nevertheless, a number of regulatory and protective norms are already aimed at solving this problem, which requires doctrinal research and reflection. There are also a number of controversial issues related to the formation of a mechanism of guarantees for the protection of family values, including economic, political, as well as spiritual and moral guarantees. The purpose of the study is to reveal the features and possible directions of legal regulation for the development of the family values system in Russia. Methods: the analysis method made it possible to identify the main features of the category “family values” and its relationship with “traditional values”; the synthesis method was used to generalize the typological features of the family legal categories used in the paper; and the analogy method made it possible to identify practical features of ensuring the protection of family values in Russia. The comparative law method allowed studying the foreign experience of protecting family values, which can be used for the development of Russian family legislation. Using the formal legal method, a number of features and specifics of the statutory regulation of the protection of family values were identified. Results: despite the lack of normative consolidation, a number of political and legal acts defining the main directions of state family policy, as well as the norms of federal laws containing rules of conduct based on family values and measures of their legal support, are devoted to the protection of family values. It seems advisable to amend Article 1 of the Family Code of the Russian Federation with a new principle dedicated to the protection of family values, which will make it possible to more clearly fix this vector of state policy. The implementation of this principle will take place both through legal means and through the use of economic, political, spiritual, moral, and other ways to influence the behavior of participants in public relations. Conclusions: at the moment, the Family Code of the Russian Federation and other laws contain regulatory and protective norms dedicated to the implementation and protection of the family rights of citizens of the Russian Federation. Family values are realized in them by creating conditions for marriage, regulating property relations in the family, determining the grounds and procedure for collecting alimony for children and other family members, and protecting legally free children. The protective norms are devoted to the prohibition of family violence and propaganda of homosexuality, the adoption of measures to curb the evasion of child support payments, etc.

Развитие законодательства об ответственности за преступления экстремистской направленности в период Российской империи (с 1846 по 1917 г.)

In the article on the basis of the analysis of criminal legislation of the period of the Russian Empire from 1846 to the moment of its collapse in 1917 the main regularities of the development of norms on counteraction to acts of extremist orientation (including obstruction of the functioning of banned communities) are outlined. The measures taken by the legislator to prevent the activities of secret societies, as well as to personalize the responsibility of their members are given. At the same time, the analyzed period of development of domestic legislation on criminal liability for extremist crimes is conditionally divided into two stages.

The Evolution of Labour Protection Legislation Following the Enactment of the Labour Creation Act

The Evolution of Labour Protection Legislation Following the Enactment of the Labour Creation Act

The Role of the Family Under Conditions of a Modern Multicultural Ethnic Group: A Vector of Legislative Development

The relevance of research: the editor-in-chief’s column analyzes the topic and content of the key heading of the current issue of the journal “Legal Concept = Pravovaya Paradigma” entitled “The institution of the family in the era of global changes: the socio-ethical and entrepreneurial context in law”. The prepared issue deals with the questions discussed at the international round table of the same name, held at Volgograd State University on March 29, 2024. The prerequisites for the selection and the problems of legal support of the issues selected for the discussion sessions of the international round table in the context of the Concept of State Family Policy of the Russian Federation for the period up to 2025, as well as a set of measures carried out during this period and aimed at popularizing the state policy in the field of family protection and preservation of traditional values are outlined. The scientific and practical significance of the papers presented in the feature topic of the issue is analyzed. The scientific novelty lies in the fact that a comprehensive intersectoral study of the legal regulation of family relations in the most relevant spheres of public life in the context of the state family policy of the Russian Federation has been conducted, as well as specific proposals and recommendations for improving the relevant theoretical and regulatory framework have been formulated. The methodological framework for intersectoral legal research has traditionally been made up of the general scientific methods of cognition used in the social sciences and humanities in general, including in law. Among the most significant general methods of cognition are the method of historical materialism, as well as the general logical methods: analysis, synthesis, the method of analogy, induction, deduction. The special and private methods are presented in the scientific papers of the heading mainly by the formal legal and comparative law methods. The results of the study: the analysis of the relevance of the papers selected for the heading “The feature topic of the issue”, their novelty, the results obtained and their scientific and practical significance is carried out. The commentary of the current family legislation and the proposed legislative initiative on amending Article 2 of Federal Law No. 489-FZ of December 30, 2022 “On Youth Policy in the Russian Federation” is presented. The lack of a uniform understanding of the family in both the legislation and doctrine has been established. The analysis of the relationship between the concepts of “young family” and “student family” is carried out, the qualifying factors of a student family are established. The author has analyzed the scientific papers concerned with: the theoretical and practical issues of protecting family values in Russian law; the prospects for the legal regulation of property relations between spouses when concluding a marriage contract using digital technologies in terms of the content of the conditions for concluding a marriage contract as an effective tool for resolving property disputes in the family; the legal nature and problems of the legal regulation of the surrogacy contract; the prospects and main directions of the state policy of the Russian Federation in the field of family entrepreneurship; notarial documents in electronic format as a means of proof in the field of marital and family relations; the role and importance of the institution of private prosecution for the protection of victims of domestic violence. Conclusions: the necessity of the legislative consolidation of the definition of the concept of “family” is proved, which is due to both practical and theoretical expediency, the creation of an effective mechanism for the legal protection of the family, ensuring the stability of the family in Russian society and the state. The definition of “student family” is proposed. The conclusions of the authors of scientific papers on the feature topic of the issue are supported: on the expediency of amending Art. 1 of The Family Code of the Russian Federation with a new principle dedicated to the protection of family values, which will allow for a more clearly normative fixation of this vector of state policy; on the need to legislate the possibility of concluding a marriage contract in electronic form; on the timeliness of improving the regulatory framework aimed at supporting and developing family entrepreneurship, including simplifying the registration and licensing procedures, reducing the tax burden, the development of specialized programs to support and stimulate innovation; about the importance of grouping electronic evidence provided by a notary into a separate type, as well as establishing signs that allow identifying this proof; about the insufficient effectiveness of private prosecution in protecting the rights, freedoms and legitimate interests of citizens and the need to solve this problem by broadening the powers of a justice of the peace.

Banks’ internal governance obligations vis-à-vis money laundering risks emerging from the new technology-enabled means to transfer funds or value (“crypto assets”)

PurposeThe new technology-enabled means to transfer funds or value via crypto assets have prompted regulators and supervisors to question the effectiveness of the anti-money laundering (AML) regulatory framework. This paper aims to examine the recent developments of the EU AML legislation – leading up to the 2021 AML package – focusing in particular on the banks’ internal governance obligations.Design/methodology/approachThe analysis is based on the legal dogmatic methodology and is therefore conducted thanks to a critical exam of the current and upcoming EU policy and legislation, taking into account the relevant literature and case-law.FindingsThe recent regulatory developments, culminating in the AML regulation, are strengthening the causal links between ML risk assessment–ML risk exposure–ML risk management, via internal governance procedures. One of the major AML regulatory strategies to react to the new challenges brought up by crypto assets amounts to a stricter and more demanding AML risk management regime imposed on banks.Originality/valueThe originality of this article lies in the analysis of the causal connection between money laundering risk identification and internal governance obligations. In particular, this article examines how the risk assessment will be shaping the organizational procedures, processes and internal functions necessary to manage the money laundering risks.

Right to work under martial law: Legislative aspect in Ukraine

The right to work is one of the fundamental human rights guaranteed by international documents and the constitutions of most countries, including Ukraine. However, the conditions and restrictions relating to the right to work under martial law may change. Due to the constant threat to Ukraine’s independence, as well as to the lives and health of its citizens, the regulation of labour relations is substantially different from peacetime, which requires scientific substantiation. The purpose of this study was to outline the key provisions of labour law relating to the person’s exercise of the right to work according to the social and legal vector of the state’s activities under the legal regime of martial law. The study demonstrated the significance of ensuring stability and security under martial law but emphasised the temporary nature of restrictive measures. The importance of maintaining a balance between the interests of employers and employees was substantiated, as well as the development of labour legislation to accommodate the specifics of the situation during a military conflict. Human rights may not be violated in either peacetime or wartime. On the contrary, the state should create conditions for the free development of labour and the fulfilment of human potential. Based on formal legal analysis of wartime legislation of Ukraine, comparison of various regulatory documents and scientific positions, the study highlighted the problematic aspects of observance of the constitutional right to work. The relevant conclusions were formulated, outlining the legal ways to achieve the balance of interests of employer and employee and proposals for improving the legislation were identified. The recommendations proposed in this study may be used by the legislator to improve the current labour legislation of Ukraine

Legal Aspects of Food Security from the Perspective of Genetics and Genomics

The current state of the legal support of food security in Russia is examined from the perspective of genetics and genomics. From a comparison of conventional and legal ideas about food security, priorities are identified and foundational principles analyzed. In contrast to earlier periods, the topic of food independence as a component of food security has received higher priority in more recent legal acts. As part of a balanced approach to prohibitions, permissions, and the imposition of controls in food security in the Russian Federation, the development of national genetic and genomic technologies should be taken into account. Future prospects for the development of food security legislation in the Russian Federation are considered. A proposition to legally formalize the principles of state policy at the level of the federal law is presented.

Principles of judicial policy in the system of judicial and legal relations

Judicial policy plays a critical role in the formation and development of the judicial system in modern society. It provides a strategic framework on which decisions are made on the organisation of the judicial system, setting priorities in its work, reforming procedures and ensuring legal protection of citizens. The judicial policy covers a wide range of aspects, from the development of legislation to the administration of justice in practice. In this context, it is important to consider the principles of judicial policy that underpin the judiciary and determine their role in shaping the judicial system of Ukraine. In today’s context, when Ukraine is facing the task of reforming its legal system and ensuring the rule of law, as well as taking into account the growing challenges and needs of society, understanding the principles of judicial policy becomes a priority task to ensure justice, legal order and harmony in society. The analysis of judicial policy principles will contribute to the effective functioning of the judicial system, ensure the independence and objectivity of the courts, and protect the rights and freedoms of citizens. Such a study will not only contribute to further improvement of the judicial system, but will also help to ensure that its activities comply with international standards and requirements. The relevance of the chosen topic for scientific research is manifested in the need for a systematic analysis of the principles of judicial policy as a phenomenon and instrument by which the judicial system of Ukraine should function and evolve. This article is one of the first attempts to make a comprehensive study of the theoretical and practical aspects of the principles of judicial policy and to determine their role in judicial and legal relations. The article examines certain aspects of systematisation of judicial policy principles as the basis for the functioning of the judicial system. The author reveals the theoretical foundations, content and nature of these principles in terms of their impact on the activities of judicial bodies. The author analyses the regulatory and legal framework of the judicial policy principles in national legislation and international documents. The author emphasises the importance of the judicial policy principles’ influence on the formation of the judicial system of Ukraine and identifies the main trends in their application in the context of modern challenges.

Virtuous Legislation: The Royal Decree for the Sustainable Management of the Woods of Serra San Bruno, Stilo, Mongiana, and Ferdinandea

The Saving Forests Decree of 1773, issued by Ferdinand IV of Bourbon, marked a fundamental step in the sustainable management of the forests of the Serre Calabresi. Metal mining and processing in the region dates back to ancient times, with Greek colonies exploiting local resources for tools and coins. With the arrival of the Normans, the mines became strategic and were granted to the Carthusian monks, and the Norman smelting furnace improved military production. Under Ferdinand II, the Ferdinandea foundry reached its peak, producing high-quality weapons. The Salvaboschi decree demonstrated a growing awareness of the need to balance industrial needs with environmental protection. This study analyzes the decree, examining how its provisions are in line with modern environmental protection laws. The analysis of this study focuses on the provisions of the Salvaboschi decree and their compliance with current environmental protection laws. The main objective of the decree was to implement sustainable forestry practices through regulated logging cycles to prevent deforestation and promote natural regeneration. Analysis of the law reveals its progressive nature and its conformity with modern principles of environmental conservation. This historic legislation testifies to the early recognition of the importance of sustainable resource management and the foresight of the Bourbon administration in implementing practices that would benefit both the environment and industrial development. Through the study and analysis of the rules present in the document, it was possible to make significant comparisons with the laws in force. The decree demonstrates considerable foresight in the protection of natural and forest heritage. This document represents an important step towards environmental protection, highlighting a concrete and proactive commitment to the protection of natural resources. The ability to compare existing regulations with new provisions offers a clear and in-depth perspective on legislative evolution in environmental matters, confirming the importance of regulatory updates to address contemporary ecological challenges.

ADMINISTRATIVE ARREST AS A JUDICIAL ADMINISTRATIVE PUNISHMENT

The purpose of the research. The article analyzes the concept of understanding administrative arrest as a type of judicial administrative punishment through the prism of the historical experience of the national model of public force. The purpose of the research is to analyze the development of legislation on administrative liability in relation to administrative arrest in retrospect in order to establish criteria for classifying administrative arrest as judicial administrative punishments and prospects for the application of this type of punishment. Results. As a result of the research, the authors come to the conclusion that the axiomatic nature of the modern perception of administrative arrest as a judicial administrative punishment is based on a long and logical path of development of legislation on administrative liability and the experience of the legislator's search for the optimal model of public force. The authors note that the basis for classifying administrative arrest as judicial administrative punishments is the criterion of limiting the personal constitutional rights of a person subjected to administrative punishment. Despite the discussion in the scientific community regarding the expediency of maintaining administrative arrest, the authors note the objective need of the legal system for this type of administrative punishment for the effective implementation of the administrative and protective function of the state, provided that the exceptional nature of its appointment is preserved.

THE RIGHT OF PARTICIPANTS IN CRIMINAL PROCEEDINGS TO APPEAL IN THE PRE-TRIAL STAGES

The purpose of the study. The article deals with the problem of forecasting the development of the right to appeal in criminal proceedings. A comparative legal analysis of the norms of the right to appeal against the Statute of Criminal Proceedings of 1864 and the modern Criminal Procedure Code of the Russian Federation has been carried out. The purpose of the study is to establish and identify similarities and differences in the legal mechanisms governing the right to appeal in order to predict its development in the future. Conclusions. The modern version of the right to appeal at the pre-trial stage of the criminal process has much in common with the right to appeal in pre-revolutionary Russia, which allows us to talk about the cyclical development of criminal procedural legislation. We predict that the vector of development in the future will be aimed at democratizing the right to appeal, improving mechanisms to increase its accessibility and effectiveness at the pre-trial stage of the criminal process.

Accusation In The Criminal Procedure

The article is devoted to the study of the criminal legal meaning of the concept of «accusation» and current issues of changing the accusation by the prosecutor. The accusation predetermines the essence of the protection of the legitimate interests of the state and the citizen, which is considered the driving force of criminal proceedings, that is, the accusation is the institution of the criminal process through which the functioning of the criminal prosecution system is ensured, therefore, by discussing the theoretical basis of the accusatory activity, we can begin to determine its practical basis and propose possible options for its legislative development are expected. As for the institution of changing accusation, this is one of the prosecutor’s functions. It is obvious that the initial impulse for the emergence and development of all other criminal procedural functions is the accusation. At the same time, it is necessary to take into account the fact that the judicial process is variable and at each stage receives more factual data, and in connection with new factual data, the factual circumstances of the case may change, including the criminal legal category of the acts that became the accused, that is, they are not excluded circumstances of such factual circumstances that were not disclosed and could not be disclosed and which objectively require a change accusation presented to the accused.

State of the union: A review of state‐based laws and regulations supporting pharmacist payment for clinical services

AbstractIntegrating pharmacists into interdisciplinary care models is essential for achieving the Quintuple Aim in health care, which emphasizes improving patient outcomes, enhancing patient and provider experiences, reducing costs, and advancing health equity. Despite expanded scopes of practice that facilitate collaborative models, pharmacists often face significant barriers due to inconsistent and insufficient reimbursement for their clinical services. This review seeks to address these challenges by focusing on state‐based legislation and regulations that establish payment parity or create pathways for reimbursing pharmacist clinical services. Through a narrative review, this article systematically compares different states' approaches to pharmacist reimbursement by examining affected payers, billable services, and other pertinent details. The ultimate goal is to propose model characteristics for states considering the enhancement or development of legislation and regulations to ensure equitable payment mechanisms for pharmacist services. By providing a comprehensive overview of existing models and identifying effective legislative characteristics, this review aims to inform and empower pharmacists and their advocates with a better understanding of reimbursement regulations and to inspire community‐driven advocacy for equitable compensation, thus supporting the integration of pharmacists as essential health care providers.

Территориальное общественное самоуправление: история и современность, перспективы совершенствования законодательства

The article examines, taking into account the amendments and additions made to the Constitution of the Russian Federation in 2020, the key characteristics of territorial public self-government, history of the development of legislation regulating social relations related to it, starting with the provisions of the USSR Law “On the general principles of local self-government and local economy in the USSR” of 1990, the Law of the RSFSR “On Local Self-Government in the RSFSR” of 1991, the federal laws “On the General Principles of Organization of Local Self-Government in the Russian Federation” of 1995 and 2003. The legal positions of the Constitutional Court of the Russian Federation related to territorial public self-government are also analyzed. Various points of view of legal scholars on the relationship between local self-government and territorial public self-government are studied. The subject of this study is also the right to exercise territorial public self-government and the article concludes this legal possibility is inherently a fundamental right within which the constitutional right to exercise local self-government is exercised. In addition, the author came to the conclusion the institutions of territorial public self-government should be given the status of public legal entity.

Concepts of the Development of Russian Legislation within the Parameters of Academia

Concepts of the Development of Russian Legislation within the Parameters of Academia

Prospects for the Personal Foundations Legislation Development

Prospects for the Personal Foundations Legislation Development

Policy Review of Preschool Education Legislation in China

Purpose This study reviews the development of preschool education legislation in China and analyzes its background, fundamental principles, and prospects. Design/Approach/Methods Interpretations of the newly published Preschool Education Law of the People's Republic of China (Draft) are highlighted to reveal the recent manifestations of the legislative development of preschool education in China. Findings In China, legislation pertaining to preschool education is based on an extensive practical foundation and solid policy basis embodying the fundamental principles of establishing government leadership, ensuring children's right to education, and upholding public welfare and inclusivity. Such legislation is conducive to the further exploration of key issues and significant relationships involved in the development of preschool education and marks a milestone in its modernization with Chinese characteristics. Originality/Value This paper's findings indicate that the Preschool Education Law of the People's Republic of China (Draft) demonstrates significant progress in the development of preschool education in China, but there are still key issues that need to be further explored.

Milestone of China's Foreign-Related Legislation – A Review of the Law of the People's Republic of China on Foreign Relations

The Law of the People's Republic of China on Foreign Relations is China's first foundational and comprehensive law in the field of foreign relations. This law promotes the rule of law both domestically and internationally in a coordinated manner, significantly enhancing the legal framework governing China's conduct of foreign affairs. It also makes substantial progress in the strategic development of foreign-related legislation, advancing the overall foreign-related legal system and integrity, quality and timeliness of specific legislation. Bearing distinct Chinese characteristics and reflecting the ethos of our era, this law stands as a milestone in the legislative history of China.

Trial of Memory: Legal Regulation as a Tool of Memory Politics in Contemporary Russia

The article examines how law enforcement sanctions, typically applied to real-life actions, are being transferred to online activities. Building on François Hartog’s ideas, the study links memorial legislation to a new “regime of historicity,” highlighting its unique role in commemoration. By examining relevant laws and media discussions, the study follows the evolution of memorial legislation, demonstrating its importance in commemorating the Great Patriotic War in post-Soviet symbolic politics. Analysis of the amendments to Article 354.1 of Russia’s Criminal Code from its original formulation in 2014 to the revisions in 2021 reveals the shifting legal landscape surrounding online commemorative practices. As virtual spaces are gaining prominence in public discourse and legal interpretations, the boundaries between online activities and real-world actions are becoming increasingly blurred. The key trends in this process include the growing reliance on virtual platforms for information dissemination, the evolving notion of publicity in legal contexts pertaining to online behavior, and the broadening enforcement of Article 354.1. This research sheds light on the intricate interplay between memory politics, virtual spaces, and legal frameworks, reflecting broader societal shifts in information consumption and expression.