Legislative Initiatives Research Articles

The electoral returns of party-sponsored citizen legislative initiatives

The electoral returns of party-sponsored citizen legislative initiatives

The Right of Legislative Initiative: Content and Forms of Implementation

The Right of Legislative Initiative: Content and Forms of Implementation

Cyber weapons: concept, its manifestations and countermeasures

The article is devoted to the analysis of the concept of “cyber weapons”. Modern approaches to its definition are highlighted, its signs and types are defined. The range of criminal purposes for the use of cyber weapons has been established. It is noted that cyber weapons have become a serious means of informational influence in cyberspace as a new theater of military operations. Foreign and domestic approaches to defining cyberspace are analyzed. Proposals were made to counter the use of cyber weapons in national cyberspace. Attention is drawn to the need to implement legislative initiatives in the field of combating cyberattacks.

Evolution of the whistleblowing regime: the UAE model

Purpose This study aims to conceptualize the UAE’s whistleblowing model by reviewing recent legislative updates directed toward removing potential legal deterrents, introducing legal protection and establishing numerous external whistleblowing channels. The study surveys these initiatives through the prism of the country’s unique socio-economic and judicial environments. Design/methodology/approach The study applies a conceptual approach to probe the potential impact of the UAE’s legislative initiatives on the country’s whistleblowing regime by connecting the demographic data, the UAE’s legal and regulatory frameworks, academic literature and media reports. Findings Recent legislative updates to the UAE whistleblowing regime are geared toward removal of potential legal deterrents, introduction of legal protection and establishment of external whistleblowing channels for reporting. These constitute the conceptual model of the UAE’s whistleblowing strategy, which is broad in scope and application yet may appear fragmented. Originality/value The study merges a comprehensive review of legislative initiatives and regulatory framework with academic literature to conceptualize the UAE’s whistleblowing model.

US Bipartisan Consensus on China: The Making and the Implementation

According to the most experts, there is a bipartisan consensus in the United States regarding China: both parties recognize that China poses an existential threat to the United States, its economy, socio-political structure and the role as a global leader. This core conceptual consent represents a clear contrast with the endless battles between Democrats and Republicans in the domestic political arena, blocking any legislative initiatives and the development of a unified sociopolitical agenda for the country. This rare unity has made many observers to claim the emergence of a new external enemy, in the face of which America will be able to overcome its identical crisis and to come back to national unity. The political elite also actively uses the image of the enemy, calling on the Nation for unity. This article is aimed to understand what lies behind political slogans and the bipartisan concept of confronting China. The study is based on the analysis of several sources that make it possible to judge the attitude towards China in the United States along party lines, specific to each level of the party-political system party platforms at the federal level, legislative initiatives at the state and city levels, public opinion polls at the level of the society. The research hypothesis is that Democrats and Republicans, who agree on the conceptual vision of the Chinese threat, offer different ways to counter it. The difference in methods of struggle stems from different ideological and value models that manifest themselves in the implementation of both the socioeconomic agenda within the country and foreign policy strategies in the international arena. The unity of the parties ends exactly by the developing of a conceptual framework for confrontation with the opponent. The implementation of specific steps of the anti-Chinese agenda at the state and city levels is taking place in accordance with the ideological and political guidelines of each party, and the public attitude towards the Chinese threat demonstrates a clear split along party lines. The conceptual positioning of a new external enemy instead of unification brought to the United States anti-Chinese hysteria among conservative politicians at the state level, which was realized in the adoption of discriminatory laws in Republican states against Chinese citizens and a new wave of anti-Chinese sentiment in society, manifested in outbreaks of violence against Asian minorities.

International experience in criminalizing interference with the judiciary

The study of international experience helps to unify approaches to criminalizing interference in judicial activities, which contributes to the harmonization of national legislation with international norms. Moreover, such an analysis of best practices from different countries allows us to identify effective practices for protecting courts from external pressure and interference, which is key to ensuring fair justice. The study of legislative initiatives and their consequences in different jurisdictions helps to identify the shortcomings and advantages of existing legal norms, which contributes to the improvement of national laws. The article analyzes the international experience of criminalizing interference with the judiciary. The study covers legal mechanisms and legislative initiatives aimed at protecting the independence of the judiciary in different countries of the world, namely: The United States of America, Slovakia, Lithuania, Latvia, Estonia, and Poland. It is established that liability for obstruction of justice and pre- trial investigation is criminalized in the following countries: Armenia, Azerbaijan, Georgia, Kazakhstan, Moldova, Tajikistan, Turkmenistan. The author examines different approaches to determining criminal liability for such actions and compares the effectiveness of the measures applied. The article emphasizes the need to adapt national legislation to international norms in order to ensure the effective functioning of the judicial system and protect it from external interference. It is concluded that national legislation on protection of the judiciary from interference is in line with the main trends in criminal legislation of European countries. However, having studied the international practice of criminalizing interference with the judiciary, it can be concluded that the US experience can be a useful example for national legislation, since the transparency and detail with which the US legislator approached the regulation of such a sensitive matter as interference with the judiciary require attention and are worthy of borrowing.

Концепція організації комплексного управління громадськими формуваннями у сфері освіти і науки в україні

In the post-war period, the revitalization of the national economy in general, as well as in sectoral and regional terms, becomes a priority. The efforts of state authorities, local self-government bodies, politicians, and the scientific and educational public should be involved in this process. For this purpose, the author’s team classified the most important areas of public activity in education, science, and management of these associations, including public academic formations, scientific schools operating at higher educational institutions of Ukraine, trade unions, educational and scientific associations, etc. The development trends of these public associations at the current stage have been determined. The article examines the role and place of educational and scientific public associations in the system of state administration in retrospect and in perspective in the post-war period. Their functional characteristics are given. Based on the generalization of the experience of their functioning, the analysis of scientific interpretations in this field, the expediency of the organization of management of these educational and scientific structures is substantiated, the author’s definition of complex management of the means of the united coordinating body (Association, Assembly, Council, etc.) is formulated. The concept of organizing complex management of public formations in the field of education and science in Ukraine in the post-war period is proposed. A well-founded scheme and organizational mechanism for reviving the scientific and educational industry are proposed. The proposed approach makes it possible to assess the system’s economic efficiency by applying unique economic-mathematical and expert research methods. Undoubtedly, integrating these approaches and tools can lead to positive results. The study of the peculiarities of the implementation of civil initiatives in modern Ukraine shows the growth in the number of such initiatives, which is a sign of the strengthening of the organizational capital of civil society both in modern and post-war Ukraine. Keywords: concept, education, science, integrated management, scientific school, public academic formations, public scientific association, university, society, public initiative, legislative initiative, state structure.

Globalisation and Regulatory Strategies: Adapting to Changes in International Business

This article examines the interrelations between globalisation, economic development, and ecological sustainability. It analyses the role of financial innovations in promoting sustainable development and focuses on strategies that help companies adapt and thrive in the face of globalisation, turning challenges into opportunities. Given the complexity of the global business environment, success on the international level depends not only on the speed of changes but also on compliance with various regulatory standards. Regulatory strategies are crucial for mitigating risks and leveraging new opportunities. Therefore, companies must have a thorough understanding of their internal processes and the external regulatory and political environment. The research suggests that the integration of advanced financial instruments and effective political strategies can optimise the impact of globalisation, fostering economic growth and ecological sustainability. It is important to maintain a balanced and objective tone when presenting research findings. The importance of further analysing mechanisms for regulating globalisation processes and developing innovative financial instruments to stimulate environmentally sustainable investments is underscored, emphasising the need for international cooperation and adaptation to climate change. The study concludes that achieving harmony between economic progress and environmental protection requires economic measures, such as carbon taxes and emission quota systems, that embody the principle of pollution responsibility. Legislative initiatives that set limits on emissions and regulate resource use, as well as voluntary initiatives such as corporate social responsibility programs and eco-production criteria, are also necessary. The range of approaches reflects different methods of implementation, levels of compulsion, and stakeholder involvement. The implementation of a particular strategy depends on the economic context, political climate, level of public awareness, and technical readiness of a given country or region.

Under attack: Why and how I-O psychologists should counteract threats to DEI in education and organizations

Abstract In recent years, there has been an alarming increase in both proposed and enacted legislation that targets diversity, equity, and inclusion (DEI) initiatives within higher education and organizations. These laws aim to dismantle protections and support for vulnerable individuals and groups. In this focal article, we provide an overview of the motives driving these anti-DEI legislative initiatives and categorize the laws based on the type of restrictions they impose: (a) reduction in knowledge, (b) reduction in access, and (c) reduction in support. Next, we discuss the consequences these anti-DEI laws yield for individuals, organizations, and society at large and provide an overview of how individuals and organizations may counteract these regressive policies. Last, we conclude with a call to action for I-O psychologists to investigate and call attention to the consequences of anti-DEI laws for recruitment and selection, well-being and safety of minoritized individuals, organizational reputation, and organizational performance and profits.

Regional legislative initiatives in the Czech Republic

ABSTRACT The Czech Republic is one of the several countries in the world and the only unitary democratic state allowing regions to initiate legislation without limits. Despite this, a study of Czech regional initiatives has yet to be written. Therefore, this paper delivers a comprehensive analysis of the phenomenon. The results show that the activity and success rates of the regions differ substantially. The probability of a regional proposal is positively affected by the region’s legislative strength in the Chamber of Deputies and the opposition status of the region’s governor. In contrast, it is negatively affected by the distance from Prague. The chances of adopting the regional initiative substantially decrease if a proposal suggests a shared rule instrument compared to self-rule ones. Overall, the article argues that while regional legislative activity in (con)federal states is affected mainly by regionalist strategic politics, the process in the unitary state is more result-oriented.

Intent vs Reality: Dehumanization in the South African Corporate Landscape

Thirty years after apartheid’s abolition and the ascension of a new democratic leadership, South Africa continues to grapple with the discriminatory legacy of apartheid. Measures introduced by the post-apartheid government to combat historical marginalization, including legislative initiatives like affirmative action laws and diversity management policies, encounter inherent structural barriers within South African organizations shaped by prevailing cultural norms. Despite the legal framework in place, black employees often endure dehumanizing treatment, finding themselves sidelined from decision-making channels and lacking access to avenues for career advancement and professional development. This essay aims to better understand the lived experiences of South African workplace employees through the lens of organizational dehumanization. This work underscores the urgent need to reimagine transformation efforts in South Africa, moving beyond numerical representation toward a more inclusive work environment that promotes genuine empowerment. It emphasizes the importance of developing holistic diversity management strategies, implementing effective mentorship and sponsorship programs, and providing opportunities for meaningful participation and decision-making by black employees. Such an approach will ensure that legislative intentions are translated into practical workplace realities, ultimately fostering true equality and empowerment.

Reform proposal "Occasional surgical oncology" : Medical strategic analysis and ramifications of the draft bill within the framework of the Hospital Treatment Improvement Act (KHVVG) from the perspective of a university hospital

Cancer remains the second most common cause of death in Germany. Performance management and specialization concepts in medicine have the potential to positively influence the care and chances of survival of patients. From the perspective of the University Hospital Freiburg (UKF), the legislative initiative within the framework of the Hospital Treatment Improvement Act (KHVVG) results in anumber of medical strategic implications. This article explains and discusses the background, objectives and contents of the reform project "Occasional surgical oncology" and provides perspectives on strategic fields of action. Analysis and interpretation of the draft of the Act for improvement of the treatment quality in hospitals and on the reform of the remuneration structures (Federal Government draft act). From the point of view of the UKF hospitals should engage in cooperative discussions with neighboring hospitals at the earliest opportunity to shape regional healthcare with the goals of mapping the local allocation of oncology patients for optimal treatment, mitigating the loss of patients at affected locations and preparing for patient growth at facilities that will continue to provide treatment in surgical oncology. The ongoing legislative process and the fact that areliable analysis of relevant treatment areas will be possible for hospitals in the first half of 2025, presents particular challenges for hospitals and the strategic planning of activities. The gaps in the bill presented in this article should be urgently addressed to avoid undermining the project's goals and to support the hospitals remaining in the healthcare system in their preparations.

A LIBERDADE DE CÁTEDRA NA JURISPRUDÊNCIA DO SUPREMO

The theme freedom of chair is not new. It has long been discussed in combination with wider themes such as the right to information, the autonomy of universities and even the free expression of thought, a genre of which it is a species. And there were many clashes, including the censorship imposed by the civil-military dictatorship initiated in 1964 and surrounding legislative initiatives by political agents of a conservative hue in an attempt to promote themes permeated with ideological biases such as the “agenda of customs”. Contextualizing these two time frames and the discussions arising from the results brought by jurisprudential research, we provide an overview of what is being debated regarding the academic freedom before the Supreme Court, which may indicate which points still remain in dispute. The exploratory bibliographic review made it possible to establish concepts about public freedoms in general and, above all, the specificity of academic freedom. From then on, empirical research was carried out on the jurisprudential collection of the Federal Supreme Court, analyzing quantitatively and qualitatively the results obtained, consisting of rulings and monocratic decisions, identifying correlated subjects and making it possible to observe that the field of Education, of which the Freedom of professorship is a specific aspect, it remains a field of ideological and legal dispute.

Защита прав несовершеннолетних в алиментных правоотношениях

Based on the analysis of federal legislation and law enforcement practice, the author examines the issues of protecting the rights of minors in alimony legal relations. It is concluded that despite the purposeful work of state bodies to ensure the right of citizens to receive alimony in a timely manner, a significant number of debtors on alimony obligations are avoiding financial responsibility. The article analyzes the latest legislative initiatives aimed at encouraging parents to conscientiously fulfill parental responsibilities for the maintenance of minor children. The necessity of improving the mechanisms for protecting the rights of minors in this area is substantiated.

Analysis of the access to electronic communications metadata for the purposes of criminal law enforcement in Bosnia and Herzegovina

Objective: This research intended to analyse the adequacy of the legal frameworks of the access to electronic communications metadata in Bosnia and Herzegovina for the purposes of law enforcement with the current Law of the European Union, an essential topic for balancing the effectiveness of criminal investigations with the fundamental rights of citizens in the current connected societies, moreover as the negotiations for accession are currently ongoing. Methodology: The Comparative Method of Legal Research, in the strict sense, was mostly followed, also taking into consideration the Case Law of the Court of Justice of the European Union and the privacy and data protection policies of the main electronic communications operator in Bosnia and Herzegovina. Results: After identifying and evaluating in detail the main issues arising from the current national legislation of Bosnia and Herzegovina, this research shows that, in general terms, it is already compatible with the rules and principles in force in the European Union, following the case-law of its Court of Justice. Contributions: The research puts into evidence the current state of the Sources of Law in Bosnia and Herzegovina and how they are adjusting to the standards of the European Union, especially regarding privacy and data protection in electronic communications, as well as points out the necessary legislative initiatives in order to achieve a full compliance of criminal investigations with such standards, that may serve as guidelines for the other countries also in accession processes.

Consilience of healthcare legislation, complexity science & computational analysis

Our US Health Care System (HCS) has evolved from simple to complex and needs reform. Thus far, all legislative initiatives have failed to result in establishing a friendly, cost-effective, quality healthcare system. The question becomes, can Complexity Science (CS) and computational analytic platform modeling be used to help create better Health Care Policies (HCP) and reform our all too complex HCS? Modeling has been used in many diverse disciplines but has yet to be utilized in preemptive evaluation of major US legislative HCPs. Review of US Health Care Policy History (HCPH) viewed in the context of a Complex Adaptive System(CAS) reveals how, unanticipated historical events, politics, social, and personal leadership have tangentially shaped our US HCPs. Future construction of HCPs with the help of CS, and preemptive computational modeling (CM) techniques, will hopefully yield stronger conclusions in legislative HCP construction and advance our US HCS into one with dynamic resilience.

The Phenomenon of Reading as a Subject of Legislative Initiative

The Phenomenon of Reading as a Subject of Legislative Initiative

Administrative and legal mechanisms of ensuring the safety of migration processes

The article reflects the current challenges and threats faced by the Russian Federation in the implementation of migration processes. The author analyzes the most acute threats arising in the field of migration, and examines the causes of their occurrence. The author pays special attention to the characteristics of the main measures taken by the state to combat such challenges and threats, which include migration registration, fingerprint registration of foreign citizens. The article pays considerable attention to the use of digital technologies in the field of migration. Legislative initiatives thatcan become an effective means to combat threats in migration relations, prospects for the use of mechanisms for pre-entry training of foreign citizens and their organized recruitment are also being considered. According to the results of the study, it is concluded that it is necessary to conduct a balanced migration policy and maintain a balance when applying coercive and incentive measures in state regulation of migration processes.

Beyond surface: Unveiling ecological and economic ramifications of microplastic pollution in the oceans.

Every year, the global production of plastic waste reaches a staggering 400 million metric tons (Mt), precipitating adverse consequences for the environment, food safety, and biodiversity as it degrades into microplastics (MPs). The multifaceted nature of MP pollution, coupled with its intricate physiological impacts, underscores the pressing need for comprehensive policies and legislative frameworks. Such measures, alongside advancements in technology, hold promise in averting ecological catastrophe in the oceans. Mandated legislation represents a pivotal step towards restoring oceanic health and securing the well-being of the planet. This work offers an overview of the policy hurdles, legislative initiatives, and prospective strategies for addressing global pollution due to MP. Additionally, this work explores innovative approaches that yield fresh insights into combating plastic pollution across various sectors. Emphasizing the importance of a global plastics treaty, the article underscores its potential to galvanize collaborative efforts in mitigating MP pollution's deleterious effects on marine ecosystems. Successful implementation of such a treaty could revolutionize the plastics economy, steering it towards a circular, less polluting model operating within planetary boundaries. Failure to act decisively risks exacerbating the scourge of MP pollution and its attendant repercussions on both humanity and the environment. Central to this endeavor are the formulation, content, and execution of the treaty itself, which demand careful consideration. While recognizing that a global plastics treaty is not a panacea, it serves as a mechanism for enhancing plastics governance and elevating global ambitions towards achieving zero plastic pollution by 2040. Adopting a life cycle approach to plastic management allows for a nuanced understanding of possible trade-offs between environmental impact and economic growth, guiding the selection of optimal solutions with socio-economic implications in mind. By embracing a comprehensive strategy that integrates legislative measures and technological innovations, we can substantially reduce the influx of marine plastic litter at its sources, safeguarding the oceans for future generations.

Pre-trial investigation in the de-occupied territories: normative regulation and prospects for implementation

The state of normative regulation of the pre-trial investigation procedure was studied, as well as the prospects for its implementation after the de-occupation of Ukrainian territories were clarified. It was emphasized that the raised issue requires qualitative discussion by representatives of various institutions of criminal justice. It is important in this direction to build effective algorithms for pre-trial investigation bodies, the prosecutor’s office, the court, which cannot be implemented without the introduction of new legislative initiatives. Based on the analysis of the state of normative and legal regulation, it was found that currently, at the level of current criminal procedural legislation, the issue of the fate of criminal proceedings after de-occupation has not been settled. The issue of the procedure for carrying out criminal proceedings in which materials are lost, in particular destroyed in the occupied territory, is also not defined. Currently, there are draft laws (in particular, prepared by the Office of the Prosecutor General and the Ukrainian Helsinki Human Rights Union), which can be taken into account when improving the legislation in this direction. Currently, there are many questions regarding the procedure for conducting pre-trial investigations in the de-occupied territories. In particular, this is a question of evaluating the evidence obtained by the occupation authorities; terms in criminal proceedings that were initiated by national bodies of pre-trial investigation and were not completed at the time of occupation; restoration of lost materials of criminal proceedings. Special attention is paid to the issue of evaluation of the evidence obtained by the occupation authorities and arguments are given in favor of the position regarding the inadmissibility of such evidence. The necessity of standardizing the procedure for restoring (full or partial) lost materials of criminal proceedings (both materials of pre-trial investigation and materials of court proceedings) has been proven.