Legislative Innovations Research Articles

Fighting the Violence Against Women in Morocco

AbstractViolence against women in all its forms is the most shameful violation of human rights. It is a violation that continues to increase over the years despite the existence of international and national laws. Morocco is one of the countries in the world that suffers from this discrimination against women. To deal with this phenomenon, national texts intervene to establish a legal framework that respects the principle of equality between women and men such as the Constitution of 2011, The Family Code (“Moudawana”) of 2004, and the adoption in 2016 of Law No. 27-14 on the fight against human trafficking, etc. In 2018, Law No. 103-13 related to the fight against violence towards women was promulgated. It is a law which constitutes a real legislative innovation in Morocco since it will reduce or even stop a certain number of abuses experienced by women. This is what leads us to ask ourselves, is Law No. 103-13 really going to allow us to abolish the segregation between men and women? And would this law allow us to fight against all kinds of violations against women?

The contract will protect the rights of the consumer: a note to the accountant of the medical institution

Amendments to the Law of the Russian Federation “On Consumer Rights Protection”, which entered into force on September 1, 2022, are considered. The changes and significant clarifications concerned the content of the contract for the provision of paid services, namely those of its terms that violate the rights of the consumer and are unacceptable, do not generate legal consequences for the parties to the contract. These legislative innovations should be taken into account when concluding contracts for the provision of paid medical services, but they also apply to relations arising from previously concluded contracts, that is, they are retroactive. A comparative analysis of the draft decree of the Government of the Russian Federation “On approval of the Rules for the provision of paid medical services by medical organizations” in a new edition, including the terms of the contract, infringing on the rights of the patient as a consumer of medical services.

O Comércio Eletrónico na União Europeia e o Novo Regime do IVA

Although there is no Value Added Tax within the European Union, national tax regimes pose problems for cross-border transactions, namely in terms of multiple taxation on the same product or service and different national rates on the same tax factor which claimed for a definite solution. The growth of e-commerce and its international potential imposed an increased sense of importance to this movement. The new cross-border VAT regime, part of the European Commission’s Digital Single Market Strategy, in which the EU intends to modernize and simplify the VAT system for online sales of goods, seeks to address these problems and strengthen the European Union’s internal market through innovative mechanisms, such as the VAT Single Desk. This article seeks to understand these movements of legislative innovation, evaluating their broad impact on the national legal system and the European Union.

Collisions of Psychiatric Emergency Care to Indictees as a Subject of the Lawyer’s Active Position in Criminal Proceedings in Russia

The subject of analysis in this work is legislative innovations governing the procedure for the temporary placement of an accused and suspect in a medical organization providing psychiatric care in inpatient conditions (federal law 491-FZ and federal law 500-FZ). The author analyzes the grounds and persons initiating the application of the said measure; goals and procedural form of its application; a set of guarantees for persons in respect of whom this measure is applied. As a result, the work reveals the main collisions of the introduced normative innovations; the gaps in the regulation of the fundamental aspects of the provision of emergency psychiatric care was noted; actual suggestions and recommendations were made in these matters.

USE OF THE GENERAL ARRIVAL DECLARATION: RESPONSIBLE ENTITIES

The article is devoted to certain aspects of submitting and applying the General declaration of arrival in Ukraine. The effectiveness of prior information depends on the defined circle of persons who can submit the General declaration of arrival and are responsible for it. The work presents the international experience of delineating the persons responsible for the submission of the general declaration of arrival. Common in different countries is the permission to submit a general declaration to persons other than the carrier who can present the cargo to the customs authority. At the same time, the responsibility for submission rests with the carrier. Recent changes in the customs legislation of Ukraine significantly expanded the list of persons who can submit a general declaration of arrival. At the same time, in contrast to international practice, Ukrainian legislation does not take into account such aspects as the need to agree on the submission of the PDP by all participants; the availability of all necessary information to the persons submitting the LDP; the possibility of an additional request from the customs authorities for additional information, which all participants must provide and be responsible for providing it. Legislative innovations also concern the conceptual apparatus. Thus, such characteristics as the importance of meeting the deadlines and the order of its submission were added to the definition of the general declaration of arrival. In addition, the term “carrier” has undergone changes, which led to the appearance of inconsistencies between European and Ukrainian legislation regarding the person responsible for submitting the LDP in case of combined transportation. The results of the study emphasized the need to introduce responsibility for non-submission, untimely submission of a tax return, or submission of incomplete or inaccurate information. It is also advisable to develop a mechanism of responsibility for all participants in the supply chain. This involves consideration for risk assessment separately for each participant. Thus, each of the participants will be interested in providing the carrier with information about each shipment.

The subject of money laundering as a starting point for an effective investigation

The relevance of the subject is the necessity to correctly identify the subject of money laundering during the investigation, in the context of the current version of the Criminal Code of Ukraine. The purpose of the research is to define modern approaches to determining the subject of property laundering. The research methodology includes general scientific methods, in particular, analysis, synthesis and generalisation, to determine the characteristics of the subject of the crime; special research methods, namely, formal-logical and comparative-legal – to determine the specifics of the subject of the crime at the current stage of development of legal science and the regulatory framework. The result of the research is a generalisation of positions on the location of the crime object among the elements of forensic characterisation and the importance of its clarification. The author describes legislative innovations and their impact on the identification of the subject of a criminal offence. The types of property that can be subject to legalisation are defined. The research describes the problems faced by investigators in the course of investigating property laundering related to an atypical object of crime – a “virtual asset”. The author outlines approaches to establishing the subject of a criminal offence in modern realities, the possibility of its transformation and further clarification, and the involvement of persons with specialised knowledge. The connection between the person of the offender and the object of the crime is described. The author considers the possibilities of using international cooperation to clarify the subject of property legalisation and its identification

On the Need to Improve the Conceptual Apparatus in the Field of Information Infrastructure Regulation

The subject of the study is the existing conceptual apparatus related to the issues of legal regulation of the processes of creation and functioning of a stable and secure information infrastructure in the Russian Federation. It is revealed that there is an insatiable need to analyze the existing legislative innovations in order to improve and develop a comprehensive mechanism for regulating the studied relations. The current normative acts were analyzed for identification of: the presence of a legal interpretation of the terms available in them; consistency of definitions available in different branches of law; correlation of legal definitions with established concepts in the technical sciences; accessibility of understanding of terms for the law enforcer in order to exclude heterogeneous law enforcement. The main conclusions of the study are: improving the mechanism of legislative regulation of activities is an important direction for the creation of a stable and secure information and telecommunications infrastructure; there is no strictly coordinated conceptual apparatus of information and telecommunications infrastructure in Russia; legislative allocation of a single information space of the Russian Federation is overdue, for which criteria have been developed that can be used by the legislator; a proposal has been put forward on the need to adopt a special federal law regulating information and telecommunications infrastructure.

Corruption Crimes and Peculiarities of their Investigation Procedure under Martial Law

The military aggression of the Russian Federation radically changed the life of every Ukrainian, the main priorities of politicians, and the court trial procedures. But even though the whole country rallied against a common enemy, corruption crimes have not disappeared and continue to be committed. With the introduction of martial law, the criminal procedural legislation and the procedure for investigating corruption crimes have changed. Therefore, it is important to analyze the innovations of corruption legislation, single out the most common crimes, and investigate the peculiarities of the procedure for investigating corruption crimes under martial law. The purpose of the work is the analysis of corruption crimes and the peculiarities of the investigation procedure of corruption crimes under martial law. The research methodology consists of the following methods: dialectical, systemic, historical-legal, comparative-legal, and formal-logical (analysis and synthesis, induction and deduction, proof and refutation, comparison, generalization). During the study of corruption crimes and their investigation in the conditions of military aggression of the Russian Federation against Ukraine, innovations in anti-corruption legislation and changes in criminal procedural legislation were analyzed. In particular, the peculiarities of carrying out individual investigative actions during the pre-trial investigation were researched. As a result, it was concluded that these actions are necessary and timely to protect the rights of individuals and the effectiveness of criminal procedural legislation.

RE-REGISTRATION OF LIMITED PROPERTY RIGHTS OF CITIZENS TO LAND PLOTS: PROBLEMS OF INTERPRETATION OF LEGISLATION

The writing of this article provoked the entry into force on July 1, 2022 of the updated norms of legislation on "dacha amnesty", equating the right of permanent (indefinite) use and lifelong inherited ownership of a land plot to the right of ownership of it. The author analyzes the practice of applying the provisions of legislation establishing the right of ownership of citizens to land plots in cases where the documents for such plots do not indicate the right on which it was granted, or the type of right cannot be established. Drawing the corresponding analogies between these norms, the author comes to the conclusion that the legislative innovations will hardly simplify the acquisition of land plots by the heirs of citizens to whom they were granted the right of permanent (indefinite) use, and will be implemented outside the judicial procedure for recognizing ownership of land plots.

Reform of state regulation of production and transportation of hydrogen on the territory of european states in the context of EU positive practice

Geopolitical transformations produce their impact on the cross-border regulation of hydrogen production and transportation. Russia's military aggression has blown up the global energy system and driven up energy prices. This exacerbated the issue of energy security, highlighting the excessive dependence of the EU on imports from the Russian Federation. These factors have accelerated Europe's transition to clean energy and increased hydrogen production. The object of the research is legal relations in the field of development, transportation and storage of hydrogen in the territory of European states. The results made it possible to propose mechanisms for reforming the legal regulation of the production and transportation of hydrogen across Europe. The vectors of the regulatory policy of European states are revealed, which should coordinate the increase in the potential of Ukraine in the regional leadership in decarbonization. It was stated that the legislative innovations of Ukraine are the basis for adaptation to EU practices. The practical approbation of the changes in production practice declared by the states of Europe in the context of the global energy transition to a carbon-neutral society is substantiated. It has been established that reducing the cost of hydrogen and finding its wide application will become a global priority in the short term. The basis of the hydrogen infrastructure has already been laid by including it in the renewed trans-European energy network. The issue of full-fledged approbation of production procedures in modern geopolitical conditions is debatable. Despite the hostilities, Ukraine continues the course of reforms by coordinating and arranging the purchase of hydrogen from renewable sources, which will allow full accession to the EU Energy Platform. The results of the study can be used in the legislative sphere for a comprehensive reform of the national legislation of Ukraine

Processo administrativo e globalização: um diálogo entre os direitos brasileiro e norte-americano

This article aims to carry out a comparative analysis between the main legislative innovations in the matter of administrative process in the last 21 years in Brazil in relation to the discipline of this topic by the United States legal system. Therefore, the Federal Administrative Procedure Law, the reform of the LINDB and the General Law of Regulatory Agencies will be analyzed and compared to some American rules and principles of administrative process. With such comparative analysis, we intend to investigate the existence of a global trend of recognition of the administrative process as a way of rationalizing and democratizing the decision-making process of Public Administration under the leadership of American law.

Physical education teaching in Italian primary school: theoretical lines and operational proposals

Background and Study aim. For the new reform to be applied in the best possible way, it is a priority and useful to promote the development of knowledge on the organization and methods of teaching/learning in physical education in primary school. This study aims to search for a new didactic organizational model for physical education in primary school, starting from the theoretical lines, showing the contrasts of the significant aspects and the uniqueness of heuristic learning, with a consequent theoretical and argumentative elaboration of operational proposals.
 Material and Methods. For this purpose, an accurate survey of the scientific literature has been analyzed, highlighting the critical issues that characterized the various proposals and attempt to implement physical activity and sports education courses in primary school over the years, up to the recent legislative innovation.
 Results. The path of the definition of physical education in primary school was marked by stages that did not always enhance the educational and training dimension of the motor and sports experience, making the school discipline assume a marginal and optional role in the face of an extracurricular practice characterized by a widespread organization and more capable of intercepting and responding to the physical exercise and sport needs of society. This complex situation has only generated confusion without solving the problem of the absence of physical and sporting activity in the 5-10 age group, as required by the World Health Organization and the European Union, by adequately and uniquely qualified teachers. It is now useful to promote the development of knowledge on the didactic organization of the primary school, on the different teaching/learning methods in physical education, to contextualize the scope of the new legal provision to the current legal framework
 Conclusions. The study highlights the value of a new approach in teacher training that aims to ensure the acquisition of key competence, according to the Recommendation of the European Parliament. This perspective can be easily realized by using a core curriculum uniformly applied at the national level.

Constitutional and legal limits of the exercise of state power in modern Russia

The legislative innovations introduced into the Constitution of the Russian Federation in 2020 required the reform of the legal understanding of the concepts of “state power”, “public power”, and, in addition, led to the realization of the existence of the phenomenon of “public power”. The Constitutional Court of Russia, through an expansive interpretation in unison with the legislator, explained the structure of the unified public authority, which today includes both the system of state authorities and local self-government bodies. At the same time, the purpose and objectives of public administration were clarified, the implementation of which in a truly legal and democratic state is possible only if the limits of designated public administration formulated in the Basic Law of the country are not violated.

Model of financial mechanism of stimulation of the reproduction process on the example of national projects implementation

The article presents the study of the problem of stimulating the Russia federal budget financing. The authors study innovation in taxation legislation including deoffshorization, the stages of its implementation, structure, current state and the results achieved. The topicality of studying this government approved activity is justified by significant financial outflow abroad. The national measures of fighting offshores are adduced in the article. Russia has joined international conventions on cooperation in taxation and fight against tax evasion. Moreover, in 2018 the country implemented the OECD system for mutual data exchange on foreign accounts, property and assets, that is, the standard of automated exchange of financial information called the Common Reporting Standard. The analysis conducted by the authors proves the hypothesis about shifting priorities of private companies towards huge dividend payments instead of investments in development of their own business and the whole industry. Big private companies being the core of economy are interested in preserving offshore locations with preferential taxation terms. Major threats the government faced were connected with loss of control over strategic assets in fuel and energy complex, metallurgy, machine engineering, defense production and, consequently, with failure to administer the economy. In this situation, the government faces a complicated task of controlling the use of offshore locations and present alternative and perspective options for private business. The initiated deoffshorization should become the starting point for the development of different financial instruments and mechanisms on stimulating investment in federal budget. The authors study the probable tool aimed at maintaining the process of additional financing of the state budget. Modernization of reporting and introduction of additional progressive allowances to the existing taxation can become such an instrument.

Food Rescuer

Food is produced in sufficient quantities to feed all of humanity. Despite this, about a billion people go hungry every day. Between one-third and half of all food produced worldwide is wasted or lost each year, according to estimates. This quantity will be sufficient to feed twice the world's needy. Solutions to all the food waste problems may become accelerators of legislative improvements, social development, environmental governance, and corporate innovation if they are thought out thoroughly. This system mainly concentrates on treating food wasted or stored, smartly and effectively by, Selling excess food online on daily usage by restaurants through separate e-commerce. In restaurants, auditing food wastage helps in analysing how much of food is wasted and how well can it be prevented. It also builds a stable finance to orphanages. The goal is to send food to those need food and who can’t afford it.

Local practice of marine protected areas legislation in China: The case of Zhoushan

Recognizing the ever-increasing importance of laws in Marine Protected Areas (MPAs) construction and management, more and more countries have begun to seriously make MPA laws, from national to local. In China, as a new Protected Areas system with national parks as the mainstay is adopted, the establishment of a MPA legal system is put on the agenda. As the first and only local legislation for multiple-use MPAs in China, the Regulation on Management of Zhoushan National Special MPAs, together with three complementary Measures, has been implemented since 2017 and went through an amendment in 2021, thereby providing a rare opportunity to explore how the special characteristics of marine ecosystem might interact with the management and enforcement mechanisms. Based on the first-hand data collected from the process of post-legislative assessment and provision amendment, this article presents a thorough analysis of this local legislation and its implementation from seven aspects: managing agencies, division of responsibilities, law enforcement capabilities, subsistence and conservation, public participation, supporting infrastructure and innovation. In conclusion, this article offers important lessons for improving MPA governance through local legislation. They are (1) a more flexible model of “a basic law plus special laws” might better strengthen the managing agencies of MPAs by assigning them appropriate responsibilities and resources; (2) MPA planning should respect local subsistence and development so as to get citizens involved in marine conservation; (3) a successful innovation in local legislation must take enforceability, especially the supporting infrastructure in place, into consideration.

СУЧАСНІ ТЕНДЕНЦІЇ РОЗВИТКУ ПІДПРИЄМНИЦТВА В УКРАЇНІ

Goal. The purpose of the article is to highlight trends and analyze the factors of economic development of entrepreneurship in Ukraine. Method. To achieve this goal, the article used general scientific methods of formal logic, which allow establishment of the factors of negative impact on the development of entrepreneurship in Ukraine. The method of dialectics is used in the work, in particular the method of scientific abstraction, which allows to identify the level of human capital development with the level of entrepreneurship, the impact of the level of economic innovation on business development. Methods of analysis and synthesis were used in the analysis of the state of business development in Ukraine. Results. The results of the study suggest that the subjects of large, medium and small enterprises have a large production and powerful human resources. Entrepreneurship development needs comprehensive support at both the state and regional levels to address structural imbalances. An analysis of the number of employees in large, medium, small and micro enterprises in Ukraine. The dynamics of products produced by large, medium, small and micro enterprises in Ukraine was analyzed. Labor productivity by subjects of large, medium, small and micro-entrepreneurial activity in Ukraine is analyzed. An analytical study found out that recently, businesses are developing at a slower pace, due to objective and subjective factors. Strategic directions of development of business of Ukraine are formed. Scientific novelty. Exploring the development potential of business entities allows you to build activities through the introduction of legislative innovations and comprehensive support for entrepreneurship at all levels of government. Practical significance. The practical significance of the study is to determine the negative effects of the external environment on the state of entrepreneurship

СУЧАСНІ ТЕНДЕНЦІЇ РОЗВИТКУ ПІДПРИЄМНИЦТВА В УКРАЇНІ

Goal. The purpose of the article is to highlight trends and analyze the factors of economic development of entrepreneurship in Ukraine. Method. To achieve this goal, the article used general scientific methods of formal logic, which allow establishment of the factors of negative impact on the development of entrepreneurship in Ukraine. The method of dialectics is used in the work, in particular the method of scientific abstraction, which allows to identify the level of human capital development with the level of entrepreneurship, the impact of the level of economic innovation on business development. Methods of analysis and synthesis were used in the analysis of the state of business development in Ukraine. Results. The results of the study suggest that the subjects of large, medium and small enterprises have a large production and powerful human resources. Entrepreneurship development needs comprehensive support at both the state and regional levels to address structural imbalances. An analysis of the number of employees in large, medium, small and micro enterprises in Ukraine. The dynamics of products produced by large, medium, small and micro enterprises in Ukraine was analyzed. Labor productivity by subjects of large, medium, small and micro-entrepreneurial activity in Ukraine is analyzed. An analytical study found out that recently, businesses are developing at a slower pace, due to objective and subjective factors. Strategic directions of development of business of Ukraine are formed. Scientific novelty. Exploring the development potential of business entities allows you to build activities through the introduction of legislative innovations and comprehensive support for entrepreneurship at all levels of government. Practical significance. The practical significance of the study is to determine the negative effects of the external environment on the state of entrepreneurship

Access to Environmental Justice and European Union Institutional Compliance With the Aarhus Convention: A Rather Longer and More Winding Road than Anticipated

The aim of this article is to track through and offer some reflections on the efforts by the European Union (EU) to ensure that EU law adequately implements the access to environmental justice obligations set down in the 1998 Aarhus Convention (AC) with respect to activities carried out by its supranational institutions and other Union bodies. For a number of years the EU has struggled to ensure its legal framework is in conformity with the Convention’s requirements concerning access to justice, not least in the wake of adverse findings expressed by the Convention’s Compliance Committee responding to complaints from members of the public. However, matters appear to have improved significantly in October 2021 with the adoption of EU Regulation 2021/1767 amending the Union’s legislative rules on an internal review mechanism of EU administrative acts or omissions alleged by members of the public to contravene EU environmental law (namely the ‘Aarhus Regulation’ 1367/2006). Whilst this article considers that most of the key issues relating to noncompliance have now been addressed satisfactorily, much of the credit for this ultimately lies with the European Parliament and Council of the EU as primary co-legislators rather than other key Union institutional actors such as the European Commission or the Court of Justice of the EU (CJEU). At the same time, this recent legislative innovation has not enabled the EU to reach its destination of achieving full compliance with the Convention over access to environmental justice, with some important administrative activities affecting the environment still remaining exempt from the Union’s internal review system such as EU decisions on state aid.

Latest technologies in criminal investigation (testing of foreign practices in Ukraine)

The aim of the article was to identify a set of innovative technologies in the field of investigation of crimes that can be tested in Ukraine. The leading research methods were the method of comparison, observation and comparative method. The activities of law enforcement agencies in the field of combating crime and ensuring the introduction of innovative technologies in the investigation of crimes were analyzed in the course of this research. It is substantiated that Ukraine is going through high-quality reform and legislative innovations, taking into account the best world practices. It is concluded that it is necessary to improve new sections of forensic science — digital forensics and develop a Strategy for investigating crimes in the digital age. These actions will promote the integration of the latest advances in science and technology into criminology, the development of certain theoretical positions, and optimize the detection and investigation of crimes. Further research will be based on the gradual introduction of positive European experience in this area.