Legislative Matters Research Articles

Dialogue in Silence: Inter-American and Brazilian Protection of the Human Rights of Older Persons

As society needs to face ageing as a plural process that goes beyond biological and chronological aspects, it is recognised that it also has societal, political, judicial, and psychosocial changes and consequences. Imposing a social clock of expected normative behaviors, understanding older persons as inactive citizens and mere objects of legal protection instead of social actors and specialised human rights’ holders is a critical problem to be confronted in the upcoming years as the global population becomes older. This article aims to comparatively analyse the legal aspects of the protection of older persons in the Brazilian and Inter-American legal framework, perceiving a movement of dialogue in silence, opposing moments of resistance and periods of adequacy between international and national jurisdiction, allowing the analysis of how it impacts the enforcement of these rights. In order to evaluate this phenomenon, this article analyses bibliographic and legislative material, focusing on a human rights-based approach of older persons and an older persons perspective. Firstly, it discusses the social construct of old age, followed by the comparative analysis of Brazilian and international legal framework on the topic of ageing. Finally, it establishes the contours of the ‘dialogue in silence’ between Brazilian and Inter-American protection of older persons’ rights. Results show that a better cross-fertilisation and dialogical approach is needed, overcoming the legislative resistance and difficulties in implementation of rights and policies relating to older persons.

The peculiarities of labor legal relations with a family doctor in the context of healthcare reform in Ukraine

According to national and international legislation, every person on the territory of Ukraine has the right to qualified medical assistance. As a result of healthcare reform in Ukraine, family doctors have started working, with whom patients conclude declarations in accordance with Ukrainian legislation. Consideration of labor legal relations with a family doctor is extremely important and relevant, as there are many problems and gaps in practice and legislative activities that require research and resolution. The full-scale invasion of Russia on the territory of our state had a negative impact on labor legal relations with family doctors. Due to hostilities, many patients have left for safer places in Ukraine or abroad. Many family doctors, who left their home and place of residence, are generally forced to seek for another place of work. These are significant drawbacks of labor law in the field of medicine, which we are currently facing in Ukraine and which require regulation and finding ways to resolve them. Therefore, consideration of theoretical and legislative material is relevant and extremely important. The purpose is to study the peculiarities of labor legal relations with a family doctor in the context of healthcare reform in Ukraine. The object is the legal basis and legislative framework, which regulate labor legal relations with a family doctor. Conducting research and summarizing qualifications, it can be said that general scientific methods, general methods, interdisciplinary methods, and specialized methods are applied. The analysis of the theoretical and legal source base, from the labor legislation, reveals ways to solve the problematic issues that family doctors face today. Incorporating positive international experience and making proposals for its further consideration and implementation in practice will make it possible to solve the current problems, taking into account all the risks. It is proposed to increase the salary of family doctors, regardless of the number of patients who have signed declarations with them. It is proposed to highlight the fundamental principles of labor activity with family doctors, which are based on the principles of legality, openness, voluntariness, normativity, transparency, control, and informativeness. The proposal is to enhance public awareness of the services of family doctors and the conclusion of declarations without being tied to the location.

Dialogue in the Noble Qur’an: a terminological study

This research aims to study the term "dialogue" in the Quran to uncover its meaning within its Quranic context according to the methodology of terminological study. The goal is to understand the meanings of dialogue as guided by the wise Lawgiver, based on the indications of the Quranic texts, to preserve it from any deviation or error and to elevate it above any disgrace or indignity. Dialogue in the Quran holds significant importance due to the great emphasis on guiding humans in all their affairs, both individually and collectively. The term carries key meanings that guide the understanding of the self through the comprehension of its terms. The results of this research indicate that the term "dialogue" in the Quran is distinguished by its various forms, diverse styles, and contexts, and its frequent association with the concept of "saying", which is widespread. It is also related to matters of creed and legislation, which are the foundation of the religion of Islam and the call to Allah. This signifies the importance of this term within the network of Quranic terminology. The study of the term "dialogue" has promising prospects, as the terminological study allows for examining its extensions, such as defining the attributes and relationships of the term, its derivatives and associated issues, which can be beneficial in studying related terms or those that may be confused with it.

Study on the Legislative Authority Allocation between China’s Central and Local Authorities

China has a unitary state system, dominated by the legislative power of the National People’s Congress (NPC). With the twice revisions of the Legislative Act of the People’s Republic of China, it is apparent that the delineation of legislative powers between governments at different levels has been more detailed. However, in practice, there still are some overlaps in the scope of China’s central and local legislative matters, a lack of clarity between the legislative authority of the local provincial People’s Congresses and their Standing Committees, and imperfections in the mechanism for resolving conflicts between local laws and administrative regulations, among other problems. This article mainly collects domestic and foreign representative literature by using the literature analysis method, historical research method, and comparative research method, to analyze the causes of the problems in the division of legislative competence of central-local authorities in China while considering the perspective of development and changes, and to propose practical solutions based on the history and the future development trend. Through research and analysis, this article points out some suggestions for the division of China’s legislative competence from three main aspects, based on the relationships between the NPC and the local People’s Congresses, the delimitation of the National People’s Congress and its Standing Committee, and the relationship between departmental rules and local regulations.

Legal Protection For Unauthorized Copying Of Songs On Digital Platforms Through Audio Watermarking Method

The objective of this research is to investigate the effectiveness of the Copyright Law in safeguarding digital songs with audio watermarking from illegal duplication, and to analyze the legal responsibilities of those who duplicate songs on digital platforms using such methods under the Copyright Law. The research methodology employed is normative juridical, focusing on the internal aspects of positive law and utilizing literature sources like journals, books, case law, and relevant legislative materials, particularly Law No. 28 of 2014 on Copyright. Legal materials are gathered through a literature review as a secondary data source, along with descriptive analysis to elucidate the legal implications concerning copyright protection in the digital age. The novelty of this research lies in the integration of advanced and effective audio watermarking technology in addressing the challenges of copyright protection in the digital era. The research results highlight the importance of copyright protection in the music industry in the digital era. Audio watermarking methods are used to insert data into digital content to protect content ownership and identify copyright holders. There are efforts to overcome the challenges in preventing illegal acquisition of copyrighted content by utilising watermarking technology. It can thus be concluded that despite efforts made to regulate the digital marketplace and improve legal standards, illegal distribution of material is still quite rampant. YouTube is cited as an effective platform in protecting intellectual property rights by successfully addressing the issue of copyright infringement by removing infringing content.

Urban Population of Nizhny Novgorod in First Half of 1920s: Leisure Practices

This study examines the leisure activities of Nizhny Novgorod residents during the NEP era. Various forms of urban leisure and their connections to state ideology are characterized. A total of 31 sources were analyzed, including legislative sources, statistics, and periodicals. Sources included articles from criminal and administrative codes, statistical data, and Nizhny Novgorod press. An overview of Nizhny Novgorod periodicals from 1921-1924 is provided. Results of a comparative analysis of legislative materials, statistical data, and periodicals are presented. Emphasis is placed on the ways and methods of shaping urban culture in line with state ideology. The issue of deviant behavior among city dwellers and its causes is raised. It is highlighted that new holidays aimed to replace religious celebrations. The study shows that the values of the urban community were influenced by ideological beliefs and spread through new leisure forms. It is proven that the structure of urban festivities contributed to the establishment of new societal values. The authors conclude on the significance of organized leisure in creating a socio-cultural urban environment. The role of periodicals in popularizing urban leisure forms is demonstrated. The relevance of the study lies in exploring the connection between ideology and the organization of urban leisure.

Actors in Environmental Discourse: The Discursive Institutionalism Perspective

Objective: Examined for years in various contexts, the environmental issue does not directly focus on the involve- ment of actors in the process of discourse institutionalisation, which is achievable through the application of discursive institutionalism. The aim of the study is to characterise actors involved in the environmental discourse studied using the discursive intuitionalism approach: who participates in discourses, with whom they co-participant, and based on which sources of discourse records their presence is studied. Research Design & Methods: A systematic review examined 185 DI articles from 2004 to 2022, selecting 33 focused on environmental topics for content analysis. Findings: Seven actor groups in environmental discourse were identified, with government, experts, and NGOs being the most frequent participants. Government predominated in co-occurrence, and discourse records mainly originated from government documents, legislative materials, and reports. Implications/Recommendations: Further research is recommended to delve into actor profiles, explore the relationship between discourse source selection and actor appearance, and observe trends in DI research methods. Emphasising inclusive representation in environmental discourse is crucial for policymakers. Contribution/ Value Added: Participation in environmental discourse is dominated by actors with specialised knowledge or resources, responsible for shaping political agenda goals. This results in low representation of unaffiliated citizens, business, and media. Article classification: research article Keywords: environmental discourse, environmental policy, discursive institutionalism, actors, environmental economics JEL classification: Q5, H8

Responsibility for crimes against humanity in international and national criminal legislation

Purpose. The purpose of the article is to analyze the problems of responsibility for crimes against humanity in international and national criminal legislation, proposals for the implementation of international norms in the national criminal legislation, as well as determination of positive and negative changes as a result of such implementation innovations. Methodology. The methodology includes a complex analysis and generalization of available scientific and theoretical, legislative material and formulation of relevant conclusions. Such methods of scientific knowledge during the research were used: comparative legal, logical-grammatical, system-structural, modeling. Results: It was recognized, that in the modern criminal legislation of Ukraine lackes the only criminal-legal norm that would provided responsibility for crimes against humanity. Mostly, crimes in this area are fixed in different parts of the Criminal Code of Ukraine, which does not fully reflect everything social danger of these acts. In this connection, there was a need for a legislative enshrinement crimes against humanity in chapter XX of the Special part of the Criminal Code of Ukraine, with the aim of effectively countering the commission of criminal offenses against peace, human and international security law and order, as well as fair punishment for criminal acts of the Russian military on the territory of Ukraine at the national level legislation. Scientific novelty. According to the results of the study, it was recognized such progressive provisions regarding actions related to encroachments on peace and security humanity and the international legal order, which can be taken into account in the future for legislative initiatives on criminal liability for criminal offenses in this area. Practical significance. The research results can be used in law-making activities by improvement of the national criminal legislation on criminal offenses against peace, security of humanity and the international legal order, as well as in the educational process during the teaching and studying of the academic disciplines «International criminal law», «Actual problems of criminal law and process» and «Criminal law of Ukraine. A Special part».

The quality of legislative activity and its impact on criminal law policy

Purpose. The purpose of the work is to analyze the impact of legislative activities of the Verkhovna Rada of Ukraine on the further implementation of the criminal law policy. To determine the current state of compliance by people’s deputies with the requirements of the legislative technique in the field of criminal law of Ukraine. The basis of such an analysis is the draft law amending the Criminal Code of Ukraine officially posted on the website of the parliament. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the study, the following methods of scientific knowledge were used: terminological, systemic-structural, comparative-legal, and the method of analysis (when analyzing and comparing existing legislative material with draft laws). Results: In the process of research, it was recognized that the issue of the responsibility of people’s deputies for their work in the field of criminal law (and not only) requires further research and improvement of legal regulation. Originality. In the process of research, it was established that legislative work in the field of criminal law (an element of law-making, as a form of implementation of criminal law policy), as a prerequisite for proper law enforcement (as another form of implementation of criminal law policy), needs improvement. Its implementation at this stage of improvement of criminal law regulation is actually critical. Practical significance. The results of the research can be used in law-making activities to develop the necessary changes to the current criminal legislation of Ukraine, as well as to continue further theoretical research in this area.

Theoretical and Methodological Analysis of the Formation of “Soft-skills” in Higher Education Students of Pedagogical Specialties of Higher Education Institutions of Ukraine

The purpose of the study is to carry out a theoretical and methodological analysis of the formation of “soft-skills” in higher education students of pedagogical specialties of higher education institutions of Ukraine. The study is based on system analysis, forecasting methods, comparative analysis, specification, and the study of modern legislative materials. The results highlight the interpretation and differences in the theoretical foundations of hard skills and soft skills. Attention is also drawn to the peculiarities of soft skills of applicants for higher pedagogical education in Ukraine. It is crucial to incorporate the "Six Thinking Hats" methodology, which encourages the development of independent problem-solving skills by approaching challenges through the lens of one mental action at a time. Implementing this approach necessitates significant student engagement. In Ukraine, teacher motivation represents a multifaceted element within the teacher training system. Additionally, outdated training methods pose another challenge that needs to be addressed. The conclusions emphasize innovative approaches to understanding the conditions for the development of soft skills, as well as the need to take into account the materials of state control bodies as sources for an objective analysis of the situation.

The principles of issuing a crucial decision (selected problems)

The erection and commissioning of a nuclear power plant requires a number of administrative pro­cedures. At the same time, in the majority of cases, it concerns proceedings that are mainly regulated outside the provisions on nuclear energy, and thus have already been discussed many times in the doctrine (e.g. cases regarding the building permit). Against the background of the above, the procedure for issuing a crucial decision stands out. This is because this decision is not present outside the regulations concerning nuclear energy. However, it should be noted that the decision in question is of key importance as far as the possibility of starting the construction and operation of nuclear power is concerned. Thus it is surprising that the manner in which this ruling is regulated does not allow for determining such basic issues as the character of the crucial decision or the premises for issuing it. The goal of this study is to solve these dilemmas. The adopted research method is the dogmatic and legal method. On the basis of the conducted analysis, it was established that in the current legal status, the crucial decision is of a binding nature, and the premises for its issuance are included in Article 22 Section 3 of the Act of 29 June 2011 on preparing and implementing investments in the field of nuclear power facilities and accompanying investments. It should be added that the presented results of the interpretative analysis are inconsistent with the position of the doctrine. In the literature, it is assumed that the crucial decision has a discretionary (‘political’) character. Moreover, the wording of the aforementioned act does not specify the conditions for issuing a crucial decision. Instead, it is suggested to look for them within the so-called legislative materials.

USE OF LEASING IN ACTIVITIES ENTERPRISES AND RATIONALE FOR SELECTION ITS FORMS

The article discusses the possibilities of using financial and operational leasing by an enterprise, methods of accruing leasing payments. The purpose of this study is to identify the most cost-effective sources of financing for the renewal of fixed assets. One of the options for solving this problem can be leasing, which combines many effective forms and methods of investment and allows you to take into account the interests of all parties to the transaction. Materials and methods. The object of the study was the main production assets of enterprises, the subject – an assessment of the effectiveness of the use of leasing in the activities of enterprises. The informational basis of the article was made up of: regulatory and legislative materials regulating leasing activities, theoretical foundations of leasing, reporting by Dorex JSC, Internet sources. The methodological apparatus of the study is represented by the following scientific methods: economic and statistical analysis, the method of financial ratios, financial and economic analysis. Results. Thanks to such a tool as leasing, the lessee acquires the opportunity to use the property necessary for its activities without a one-time mobilization of its own or borrowed resources. Three main methods for calculating lease payments used by domestic economists are identified. In the course of the study, using the example of Dorex JSC, the optimal form of leasing was chosen, as well as a comparison of sources of financing for the acquisition of fixed assets and an assessment of the effectiveness of the use of leasing in the activities of the organization in question. Conclusions. The use of leasing can be an effective way to mobilize and expand production, allowing to reduce the tax burden and ensure the stability of the enterprise.

Elena Niculiță-Voronca, Zaharia Voronca și nu doar ei, în câteva micronarațiuni labirintice (II)

The second part of the study (the first part appeared in the previous issue of the “Annals of Bukovina”) aims to solve three major problems: to analyse and explain the paternity of the “Ruthenization of Bukovina”, to reconstruct the personality and ideas of Zaharia Voronca and to sketch a dialog between the ideas of Zaharia Voronca and those of Elena Niculiță-Voronca. Implicitly, some of the ideas of the time regarding peasants’ situation, American mirage, anti-Semitism or impact of modern civilization are exposed. Regarding the “Ruthenization of Bukovina”, the study shows without any question that these are two different works, published in the same year, 1904. The first is a booklet written by Zaharia Voronca, edited in Mihalcea. The second is a large volume edited by „Minerva” Publishing House in Bucharest, signed “by a Bukovinian”, the author being Isidor Ieșanu. We found it was a good opportunity to present some of Isidor Ieșanu’s ideas from his books. As for the personality of Zaharia Voronca, we tried at first to define data of his personality, manifested in the trial of the “Arboroasa Society”. Subsequently, his most significant ideas are systematized and reconstituted, having as support the texts from the volume Rememorări [Remembrances] (1901), most of them originally published in “Timpul”, and Mihalcea, the monograph from 1912. As a man of his time, Zaharia Voronca discusses topics such as the ruthenization of Bukovina, the salaries of priests or the precarious life of the peasants, takes attitude toward certain decisions that are debated in the Parliament of Bukovina, intervenes in matters of legislation that concern everyday life etc. Open to modernity, he notes, in fact, the difficulties faced by the inhabitants of Bukovina, especially the Romanians. All this is also an occasion for the reconstruction of some particular aspects of life in Bukovina at the end of the 19th century and the beginning of the 20th century. According to the spirit of the place, there are also some ideas that Elena Niculiță-Voronca supports, along with Zaharia Voronca, such as the risk of the disappearance of the house industry. The text ends with the reconstruction in effigy of some of Elena Niculiță-Voronca’s feminist ideas.

Customs binding information decisions according to the law of Canada: peculiarities and lessons for European countries

The purpose of this research is to determine the peculiarities of the legal framework for scope of subject matter and rules for issuing, modification or revocation of customs advance rulings (customs binding information decisions) from the point of view of prospects of their implementation by European countries to further improve the effectiveness of this mean of customs administration within their jurisdictions. The methodological basis of the study comprises of comparative review methods as well as systematic review methods and standard techniques of text analysis with their due adjustment to legislative material. Results: the author studied Canadian legislation making provision for the scope of matters for national customs ruling (customs binding information decisions), the grounds and legal consequences of their modification and revocation or cancellation, including their ultra-active use through postponement of the effective date of the modification or revocation, as well as the procedure for publishing of national customs rulings for ensuring the uniformity of the conclusions of customs authorities expressed in them. The particular attention is attached to those rules and regulations that could serve as a comparative legal basis for the improvement of parts of customs legislation of European countries, which concern customs binding information decisions. Conclusions: in light of the purpose of this research of particular interest are the Canadian legislative solutions concerning: 1) establishing the need for the applicant to indicate in his application for the issuance of a national customs ruling, whether to the best of their knowledge the respective issue was the subject of another/separate request for a national customs ruling, administrative or judicial appeal, which are as grounds for suspending (postponing) consideration of the request for the issuance of a national customs ruling; 2) the grounds for the occurrence of retrospective legal consequences of the modification or revocation of a national customs ruling in relation to goods imported into the customs territory before its modification or revocation; 3) determination for the purposes of ultra-active use (postponement of the effective date of the modification or revocation) of the national customs ruling, which exactly is considered to be the evidence of reliance on the national customs ruling in good faith; 4) formation of a publicly available online repository of national customs rulings to promote the uniformity and transparency of customs administration, as well as the introduction of information and telecommunication tools for submission of requests for national customs rulings, their further implementation, as well as for notification of interested parties regarding changes in their status and other issues, relating to the circulation of national customs rulings.

The Italian Constitutional Court under stress. How to respond to political inefficiency

ABSTRACT Constitutional courts in several European democracies are under stress. In Italy, the inefficiency of the system of government has led to increasing calls for the Court to intervene in crucial legislative matters. This article examines how and why the Constitutional Court plays a key role in contemporary Italian politics. First, it focuses on the determining factors of the political system that have strengthened the Constitutional Court vis-à-vis other political branches. Second, through a quali-quantitative analysis, it focuses on controversial decision-making techniques that have enabled constitutional judges to participate in the law-making process. It focuses on the so-called ‘warnings to the legislature’, which correspond to formal invitations to parliament to intervene in a particular discipline. It then examines the ‘manipulative judgments’ that have pushed the boundaries of constitutional adjudication, with the Court increasingly assuming the role of ‘positive legislator’. Third, the article examines the consequences of the Court’s expanding role in specific policy areas, shedding light on recent judicial decisions relating to assisted suicide. The aim of the article is to contribute to the understanding of the changing role of Constitutional courts in democratic political regimes at a time of their more or less manifest crisis.

The significance of computer technologies in detecting plagiarism in scientific works

The article analyses problematic issues regarding the importance of using computer technologies in detecting plagiarism in scientific works. It was determined that the problem of plagiarism in science is not only a matter of legislation, but a manifestation of disdain for scientific ethics and moral standards by the scientists themselves. The issue of academic plagiarism must be solved comprehensively and with joint efforts, by applying effective mechanisms to prevent plagiarism.
 There is no single, complete, comprehensive and generally accepted definition of the category of plagiarism. The essence of plagiarism is the assignment of authorship to someone else’s original (literary, artistic, scientific) work or its part.
 The development of information technologies creates conditions for detecting illegal borrowing. Special computer programmes and online services check works for originality much faster. The essence and nature of computer technologies, their importance in detecting plagiarism in scientific works are studied. Positive and negative points in the application of computer anti-plagiarism technologies were identified, and an appropriate assessment was given to them.
 It is substantiated that plagiarism has a certain personification and specificity in various spheres and branches of human activity. The anti-plagiarism system almost does not take into account official parts of scientific works (cover letter, introduction, references to normative legal acts, conclusions, list of used sources) and evaluates them as plagiarism. The algorithm of the anti-plagiarism service must take into account constant stylistic turns and peculiarities of certain branches of science and technology. We believe that the results of new interpretations of scientific work should not be completely new. It is noted that checking with online services does not always reveal translations of texts or borrowings from editions not published online.
 Accordingly, the results of information processing with the help of specialized anti-plagiarism programmes and services cannot independently be circumstances that allow making reasonable conclusions about the presence or absence of plagiarism in a scientific work. Anti-plagiarism services and programs really help in detecting plagiarism as an additional tool for searching for possible matches of the text, followed by their analysis and processing by a specialist.
 But the situation with plagiarism still requires the use of plagiarism checking services (even with all their shortcomings). However, no matter how attractive and easy-to-use anti-plagiarism services are, it is necessary to do some work to improve information culture and respect for the copyrights of others.

Topical issues of criminal offenses against sexual freedom and sexual inviolability of the person

Purpose. The aim of the work is to study topical problems of criminal offenses against sexual freedom and sexual inviolability of a person; to outline positive changes and shortcomings of innovations; to formulate offers for the improvement of existing criminal-law norms in this area. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific-theoretical, legislative material and the formulation of relevant conclusions. During the research, the following methods of scientific knowledge were used: comparative-legal, logical-grammatical, systemic-structural, modeling ones. Results. In the research process, it was recognized that the current criminal legislation of Ukraine lacks a unified approach to the definition of the criminal offenses against sexual freedom and sexual immunity of a person. It became especially noticeable after the changes made to the Criminal Code of Ukraine in recent years, as a result of which the traditional approach to the concept of rape was changed, the list of actions of sexual nature with a young person and coercion to enter into sexual intercourse (sexual abuse) a minor was expanded, responsibility for sexual violence and child molestation was established. In this regard, there was a necessity for a more detailed analysis of legislative initiatives regarding the formation of a perfect model of criminal-law norms in Chapter IV of the Special Part of the Criminal Code of Ukraine with the aim of effective countering the commission of criminal offenses against the sexual freedom and sexual inviolability of a person. Scientific novelty. In the process of research, a number of both progressive and not entirely successful provisions in the current criminal legislation regarding actions related to violations of sexual freedom and sexual inviolability of a person have been identified; they can be taken into account in the future for legislative initiatives regarding criminal liability for criminal offenses in this sphere. Practical significance. The results of the research could be used in law-making activities in the further improvement of national criminal legislation regarding criminal offenses against sexual freedom and sexual immunity of a person, as well as in the educational process during the teaching and learning of the academic disciplines “Topical issues of criminal law and process” and “Criminal law of Ukraine. A special part”.

CRIMINALIZATION OF UNLAWFUL ACTS DOES NOT DETERMINE THE STATUS OF NARCOTIC CONFISCATED GOODS AND NARCOTIC PRECURSORS FOR THE PURPOSE OF PROVING CASES

One of the areas of law in carrying out the duties of the Prosecutor's Office according to Article 30 paragraph (1) letter b of the Prosecutor's Law states that the prosecutor's office carries out prosecutions and executors of court decisions that have permanent legal force related to the crime of Narcotics Law Number 35 of 2009 concerning Narcotics (abbreviated Narcotics Law). In this regard, Article 141 of Law number 35 of 2009 concerning Narcotics states that the Head of the District Attorney who unlawfully does not implement the provisions referred to in Article 91 paragraph (1) may be punished. Determination of Sanctions in a criminal law is not merely a matter of mere technical legislation, but is an integral part of the substance or material of the law itself. So that the imposition of sanctions is not necessarily enforced based on the sound of the article but must pay attention to other aspects contained in the regulation, in this case must pay attention to the principles of applicable law. This research is normative legal research by combining conceptual approaches, statutory approaches and case approaches. The results of the research show that the issues of penalization, depenalization, criminalization and decriminalization must be understood comprehensively with all aspects of issues of substance or statutory material at the stage of legislation policy. Based on this concept, care must be taken so that criminalization remains in the correct corridor, namely paying attention to the principles of criminalization (the principle of legality, the principle of subsidiarity, and the principle of equality/equality).

Workplace Bullying And Employee Reaction; Demographics, Work Position And Form Of Mistreatment

It has been reported that workplace violence occurs every other day, and this is quite a misnomer. It ranges from ordinary verbal abuse to getting physical among employees. All forms of workplace bullying should be shunned and completely rebuffed towards creating a more enabling and healthier working environment for employees, as this is the only way to actual growth and productivity of an organization. A reasoning for this study is to acquaint managers with what workplace bullying is all about so that they can take full responsibility for their employees in a way to clamp down on the hazard and provide a better working environment for their employees. Organizations should take conscious efforts by looking into some of the practices and cultures that are operational in their workplace and annul some of them that are promoting workplace bullying. This qualitative study aimed to copiously probe into the phenomenon of workplace bullying, in a way to adequately study the style and pattern, via the use of 1050 questionnaire responses from employees in Cyprus. Results revealed that bullying is more rampant in the workplace, between the superiors/ managers and their junior workers. Junior workers are subjected to different forms of ill-treatment from the superiors like hurling abuses at them, making them work overtime, out of which job intimidation takes the lead. Female workers are more vulnerable to workplace bullying than their male counterparts -but it's noteworthy to say that the bully can either be a male or female- the question of who bullies is not determined by gender. Employee responses may not however, reflect reality due to the nature of the study and the subtlety of the issue. Further studies can focus in which segments of the industry workplace bullying occurs more frequently, as well as in legislative matters.

Judicial Activism within the Restraints of India's Constitution & its Strictures

The interpretation of the Indian Constitution by the Supreme Court has established legal precedents in various sectors, such as education, environmental protection, property rights, and access to safe drinking water. The Supreme Court's decisions now hold the ultimate authority, even over parliamentary amendments. The judiciary's involvement in administrative and legislative matters has been fueled by weaknesses in the political structure. Although the judiciary was weakened during the 1970s emergency, it has regained strength in recent decades. Judicial power has been able to fill the void created by unconstitutional dismissals. The authority of Indian courts has expanded through judicial review, the interpretation of fundamental rights, addressing environmental issues, constitutional modifications, and judicial appointments. This study explores the boundaries of judicial activism within the framework of the Indian Constitution.