Legislative Modifications Research Articles

Etrospective analysis of criminal-legal and criminological measures to ensure environmental safety the problem of high latency of environmental crime and solutions in the context of digitalization

In the present article, the author conducts a retrospective analysis of criminal law and criminological (preventive) state measures to ensure environmental safety and the conservation of natural resources. In the article, the author demonstrates the modification of criminal legislation aimed at preserving the main components of the natural environment, which depends on the development of society and its economic activities. In addition, the subject of the article is the designation of the relevance of the conservation of natural resources at all times, including the deterrence of illegal actions with the use of criminal and criminological measures. The purpose of the article is to indicate by the author a fairly high latency of environmental crime in Russia. Statistical indicators of the studied category of crime and the ongoing socio-economic processes in society question its real state.
 In this regard, the author of the article identifies a number of problematic factors that affect the provision of environmental safety by measures of criminal law and criminological influence. At the same time, in order to reduce the latency of environmental crime, the author proposes a number of measures of a state and managerial nature, including the use of modern digital technologies, resources and surveillance systems.

El Tribunal del Jurado y la Conexión Penal

El objetivo de esta comunicación es analizar y clarificar los aspectos complejos de la competencia objetiva del Tribunal del Jurado al cumplirse veinticinco años de la puesta en funcionamiento de la institución en el sistema judicial español.
 Se constatará que imprecisiones en su regulación legal han posibilitado que el Procedimiento ante el jurado, sin apenas modificación legislativa, incremente su complejidad y el esfuerzo que supone para los tribunales y para los ciudadanos.
 Este estudio propone la reforma de la institución del Tribunal del Jurado en un primer nivel en cuanto a su competencia, clarificándola y simplificándola, y en un segundo nivel (que no excluye el primero) introduciendo cambios en el procedimiento de las instrucciones al jurado y la deliberación que permitan a los ciudadanos afrontar con mejores posibilidades la tarea de emitir y motivar su Veredicto.

Środek zapobiegawczy zakazu zbliżania się na wskazaną odległość, zakazu kontaktów lub zakazu publikacji w stosunku do członka personelu medycznego lub osoby przybranej mu do pomocy

The article has an investigative nature and analyzes new preventive measure introduced by the Act of 31 March 2020, applicable to the accused of crime committed towards member of medical staff or to the person cooperating with medical staff in relation to the medical care activity performed. The main scientific goal of the article is to prove that such measure, besides critical opinions, can have an important role in assuring safety to medical staff, although such goal is not adequate to main goals of preventive measures, as well as to indicate necessary legislative modifications which should eliminate discrepancies due to its defective regulation. The result of investigation is original, because demonstrates the need of intervention of the legislator, despite the regulation is pretty recent. The investigation has been conducted on national level, but can be useful for other states, as it relates to the original preventive measure which exceed the traditional understanding of such measures. It is important for science, because it contains profound dogmatic analyses, presents an important load of theory. It is also important for the practice, as it indicates the interpretative direction of premises of this measure and other its elements, which can be helpful for its homogenous application.

International legal regulation of copyright and related rights protection in the digital environment

The purpose of this article is to identify changes in the nature of the challenges and analyze key trends in international law regulation of copyright and related rights protection in the digital environment. It is established that the digital environment forms the newest type of legal relations, which requires modification of copyright legislation. International experience on the latest trends in copyright and related rights protection in the digital environment has discussed. It has established that the key trend of modification international legal regulation of copyright and related rights in the digital environment there are stricter measures to restrict online sales of pirated books, audiovisual products and electronic publications. Particular attention has paid to combating copyright infringement on social networking platforms, as well as in the field of online education, training, e-commerce. It has proved that to improve the mechanism of combating crime in the field of intellectual property it is necessary to modernize the national intellectual property system: improving the regulatory framework, improving the institutional framework and infrastructure, as well as conducting comprehensive educational work with users of this system

Assessment of Epidemiological Safety in the Cosmetic Service Industry in Poland: A Cross-Sectional Questionnaire Study.

The variety of current cosmetic procedures has increased the potential risks of adverse events and infections. In a nationwide cross-sectional study (2013–2015), we assessed the aspects of infection risk in cosmetic services. An anonymous voluntary questionnaire survey was conducted among 813 employees of cosmetic establishments in Poland. The establishments were selected from a register of service providers. The survey was conducted by employees of the State Sanitary Inspectorate during an audit, and the results showed that cosmetic providers were not fully prepared for risk assessment in terms of occupational exposure or infection transmission. The majority of the respondents (84%) reportedly washed the salon tools. Some establishments did not perform any decontamination (2%) or sterilization (~13%) procedures. Occupational punctures or lacerations occurred from needles, ampoules-syringes, or razors. Most respondents had attended professional training or studied medical textbooks. Approximately 1.7% of the respondents had not updated their knowledge, and 5% gained knowledge from unauthorized sources.The project’s results impacted a variety of innovations and improvements in the field of public health. The results were used to update the national education program (2012–2017); more attention has been directed toward effective education in infection prevention, general hygiene, and post-exposure procedures. Moreover, the study’s results were grounds for the introduction of legislative modifications in the field of epidemiological safety standards for cosmetic services in Poland.

The implementation of pharmaceutical services in public hospitals in Mexico: an analysis of the legal framework and organizational practice

BackgroundThe implementation of pharmaceutical services in hospitals contributes to the appropriate use of medicines and patient safety. However, the relationship of implementation with the legal framework and organizational practice has not been studied in depth. The objective of this research is to determine the role of these two factors (the legal framework and organizational practice) in the implementation of pharmaceutical services in public hospitals of the Ministry of Health of Mexico.MethodsSemi-structured interviews were conducted with four groups of actors involved. The analysis focused on the legal framework, defined as the rules, laws and regulations, and on organizational practice, defined as the implementation of the legal framework by related individuals, that is, how they put it into practice.ResultsThe main problems identified were the lack of alignment between the rules and the incentives for compliance. Decision-makers identified the lack of managerial capacity in hospitals as the main implementation barrier, while hospital pharmacists pointed to poor regulation and the lack of clarity of the legal framework as the problems to consider.ConclusionsAlthough the legal framework related to hospital pharmaceutical services in Mexico is inadequate, organizational factors (such as adequate skills of professional pharmacists and the support of the hospital director) have facilitated gradual implementation. To improve implementation, priority should be given to evaluation and modification of the current legislation along with the development of an official minimum standard for activities and services in hospital pharmacies.

The undelayable legal reform of public procurement rules in the management models for the urban transport public service in the Autonomous of Castilla y León

The purpose of this paper is, on the one hand, to analyze the management models that Law 7/1985, of April 2, 1985, regulating the Local Regime Bases, offers to the Provincial Capital Cities of the Autonomous Community of Castilla y León in Spain, a Member State of the European Union, for the provision of public urban transport services. And on the other hand, in line with and in relation to the previous premise, to study how it influences and determines, depending on the form of management of the public service of urban transport chosen by each town council, which articles of Law 9/2017, of November 8, on Public Sector Contracts, should be applied. From the study of these issues, it will be concluded that the level of application of the contractual legislation will not be the same, it will be disruptive and unequal, which requires a necessary legislative modification that equates the application of the contractual regulations, regardless of the model of management of the urban transport public service that the Municipalities decide to adopt.

Coberturas mediáticas, polarización y reformas educativas en España

Education laws involve, for all political parties, one of the most visible flagships of their ideological project. In this regard, different governments have made legislative modifications to introduce orientations in this field closer to their partisan interests. Therefore, following existing models of political communication, in Southern European countries the coverage of this information leads to a potential dichotomized media context. The present research displays an analysis of the Spanish case during the last forty years, to verify the influence that educational reforms have provoked in the press coverage. For that purpose, we have used new machine learning methodologies, complemented by the development of self measures, to capture complex social phenomena within semantic variability scenarios. As a result of those processes, findings have evidenced a clear relationship between the ideo- logical proposal of political parties and the editorial line of the printed press, regarding the mentioned educational reforms that were developed under the period of study.

La inestabilidad del sistema electoral y el fracaso de la «democrazia gobernante» en Italia (2008-2018)

This article deals with the evolution of the electoral system of the Italian Second Republic during the period from 2008 to 2018. It starts with the reform carried out in 2005 by the center-right coalition and concludes with the legislative modification agreed before the general elections of March 2018. On a first level, the contexts and causes that have contributed to the high variability in electoral systems are described and studied; the interpartisan level is included but also an exogenous factor such as judicial interference. On a second level, the lines and directions of the complex relationship between the electoral system, the party system and the parliamentary regime are discussed, based on a reflection on the theoretical contributions in that field. It concludes by analyzing, within that second level, the special meaning of the 2015 reform, as well as its failure in terms of blocking the «democrazia gobernante».

Construcción estatal de la cuestión indígena en Chaco (Argentina): Ley de las Comunidades Indígenas de 1987

Luego de la sanción de la Ley de las Comunidades Indígenas, la provincia del Chaco (Argentina) se convirtió en una de las primeras del país en establecer modificaciones relevantes en el orden legislativo. Estos cambios implicaron la incorporación del componente indígena en las políticas públicas, la aplicación de criterios de definición de la “cuestión indígena” y la creación de entidades gubernamentales específicas para la gestión de esta población. Este artículo tiene por propósito analizar las transformaciones que introdujo la normativa provincial en la forma de definir y abordar a la población indígena y qué características presentaron los mecanismos mediante los cuales el Estado intervino. Según esta propuesta, más allá de estas innovaciones legislativas, el Estado siguió abordando el tema indígena como una cuestión rural y agraria que era necesario contener y delimitar en ese espacio, pese a las migraciones internas que tenían lugar del campo a la ciudad.

The age of the juvenile offender as a basis for a presumption of legal possibility of incurring criminal liability in the light of the draft amendment to the Criminal Code of 2019

The Amending Act of the Penal Code of 2019 introduces legislative modifications, including in the scope of rules functioning in the area of criminal law of juvenile offenders for the crimes they committed. These changes were directed at increasing the repressiveness of actions against juvenile offenders, which is manifested in the introduction of an obligatory additional criminal law and a relatively mandatory premise to apply criminal liability in relation to the aforementioned group of perpetrators, which significantly limits the possibility of implementing the principle of accurate criminal law response in cases where the use of criminal law as an ultima ratio seems inadvisable. The indicated relationship is presented in the article through the prism of the theoretical and legal construction of the presumption of law, which combines facts related to the age of the perpetrator with the alleged facts of the culpability, and as a consequence the ability to incur criminal liability on the principles provided for in the code, at the expense of e.g. liability regulated in the Act on proceedings in juvenile rights. The author postulates that this relationship should be reversed, which appears as a legislative challenge that can significantly reduce the level of repressiveness of regulations contained in the Amending Act.

ДО ПРОБЛЕМИ ГАЛУЗЕВОЇ НАЛЕЖНОСТІ ДОГОВОРУ АУТСТАФІНГУ

In the article an author made an attempt to research branch belonging of the outstaffing agreement which is new legal institution for national judicial system and enforcement practices. Making the research the author used developments made by another national scientists whose scientific interests connected with outstaffing agreement. By the author’s point of view this type of agreements containes private and public elements and is complex agreement. An attempt of determining juridical nature of this agreement is made. Common features and differences between outstaffing agreement, civil and labour agreements were determined and some recommendations about legislative modifications were proposed.

Considerations Regarding the New Legislative Modifications and Amendments in the Matter of Civil Status Acts

This paper aims at signaling the future legislative modifications and amendments in the matter of civil status acts, still at under discussions in the Bill for the modification and completion of Law no. 119/1996 regarding civil status acts, republished , as well as for the abrogation of the Government Ordinance no. 41/2003 pertaining to the administrative modification and assignment of individuals’ names . The Bill has been subject to public debate and later approved by the Superior Council of the Magistracy.The new normative act aims at creating the legal framework for the implementation of the project regarding the creation of the Integrated Computer System for the Issue of Civil Status Acts (SIIEASC), carried out by the Ministry of Internal Affairs, which will establish the electronic form for drawing up civil status acts, while ensuring the required computer network at a national level. The purpose of the new regulations is to harmonize the Romanian legislation in the field with the European legislation, given that Romania’s adhesion to the European Union in 2007 implicitly triggered an increase of the international private law legal relationships. The bill aims at decentralizing certain activities by the transfer of attributions from the competence of public central administration to the competence of local public administration authorities, which will result in a decrease of the time required to settle a petition regarding civil status acts. Furthermore, the new law will also include the provisions of Government Ordinance no. 41/2003 for the administrative assignment and change of individuals’ names, a normative act that it will also abrogate. To this purpose, the bill stipulates a simpler procedure for changing a name and, at the same time, a shorter time for this endeavor and, with regards to the first name, parents won’t be allowed to register more than three first names for their children.

ILO Convention 169 in the inter-American human rights system: consultation and consent

ABSTRACTThe impact of Convention 169 on Indigenous and Tribal Peoples in countries independent of the International Labor Organization (hereinafter Convention 169), on the rights of indigenous peoples is unquestionable. Since its adoption (the Convention 169 was adopted by the ILO on 27 June 1989, in Geneva), 22 countries have ratified it with consequences that range from: its incorporation into internal regulation; constitutional, legislative and institutional modifications aimed at incorporating its standards; changes in practices in dealing with indigenous peoples; and rulings of domestic courts of justice that incorporate the Convention's standards in their decisions, among others. However, its impact has not been limited to the countries that ratified it, but it has crossed these borders, since it is considered a minimum standard in the discussions regarding other international instruments on the rights of indigenous peoples or has been incorporated, through the mechanism of its application or interpretation, in the decisions of international human rights organisations, both universal and regional. The following pages will deal with the incorporation of ILO's Convention 169 in the inter-American human rights system, regarding consultation and consent.

From the Middle Ages to the 21st Century. Abortion, Assisted Reproduction Technologies and LGBT Rights in Argentina

Despite "progressive" legislative changes concerning the LGBT collective and assisted reproductive technologies (ARTs) in Argentina, women and their sexual and reproductive rights have been overlooked. This article presents a critical perspective of some of these legislative modifications in the country. It addresses why some legislators and society are prepared to challenge a conservative or traditional approach for certain groups while ignoring others. Several factors are at play. There is no all-inclusive explanation. I stress that a striking double standard prevails in Argentina with respect to women and their sexual and reproductive rights. I also contend that powerful discrimination exists, in particular against poor women, who continue to suffer and are "punished" by the criminalization of abortion.

Related Party Transactions in France - A Critical Assessment

In France, the regulation of related party transactions (RPTs) involves three steps following the notification to the board of an RPT. First, the board gives its prior authorisation to the transaction. Those who are self-interested do not take part in the vote. Secondly, auditors prepare a report on RPTs. Thirdly, a general meeting of shareholders approves or rejects it. If the shareholders do not endorse the transaction, any adverse consequences will be borne by the interested insiders. The RPT can only be avoided if it was not approved by the board and is harmful to the company. This longstanding procedure has been designed to prevent company officers and substantial shareholders from using their power to influence a contract with the company on terms less advantageous than those that the company would have obtained from a third party in a fair and balanced negotiation. This rather burdensome procedure often proved artificial and ineffective. Anti-tunnelling laws may have been unproductive because demand for them and shareholder protection more generally had traditionally been low in a culture where top management was a closed club. However, the addition of AMF recommendations in 2012 and legislative modifications in 2014 have increased the quality and quantity of information passed on to auditors and shareholders. The implementation of the 2017 Directive on Shareholders’ Rights may be the occasion to introduce further useful adjustments, such as a legislative clarification of the scope of French RPT law.

Inclusive Education in Higher Education Institutions in Kenya

The sustainable development Goal 4 on Quality education aims to "Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all." In pursuit of this goal it is necessary for education experts and institutions in Kenya to relook at the issue of inclusive education especially in the Higher education institutions. With the adoption of laws by various Governments to support free and compulsory basic education and the expansion of human rights and anti-discrimination laws in many countries, it is prudent that the children with special needs be supported to access education just like their normal counterparts. The aim of inclusive education is to remove the historical exclusion within and outside of the school through enactment or modification of legislation, policies and educational management practices in order to promote the reorganization of the educational systems and the acceptance of all students irrespective of their differences. The main challenges to inclusive education in Kenya are; lack of policy, attitude, inadequately trained staff, learner - based challenges and inadequate resources. Governments should invest in overcoming these challenges in order to ensure equal access to education among all learners. Keywords: Special needs education, Inclusive education, Children with disabilities, Higher education, Special education DOI : 10.7176/JEP/10-3-05

Pro et contra: Discussions about Duels in Russian Publicistic in the Late 19th and Early 20th Centuries

The article reviews the discussions on duel as a social phenomenon which broke out in the Russian journalism in the late 19th and early 20th century. To a significant extent, it was caused by modification of the duel legislation in 1894 when, in accordance with the Rules of Dispute Settlement among Officers, duels were legalised in the officer community and the Court of the Officer Society was granted a new authority: to review “the affairs of honour” and to appoint a duel in some conflict situations at own discretion. This legislative novelty was perceived by the society in different ways. For instance, M. Dragomirov critisised the discretionary power granted to the Court of the Officer Society and considered the new law as discrediting of personal honour which was now set against corporate views on rules and standards of settlement of personal conflicts. P. Levitov and V. V. Nabokov drew attention of the society to duels between the deputies of the State Duma which had become more frequent. A number of authors (B. Adamovich, V. Korolenko, A. Kireev, S. Nedrazhov, etc., maintaining their positions, referred to tragic fates and the last duels of Pushkin and Lermontov which had led to their deaths. The conclusions the publicists drew were absolutely opposite to each other. In the works by theologist and church historian A. Bronzov, duels were considered in the context of the principles of Christian ethics. One of examples of a direct discussion was a work by an anonymous company officer written in response to the article by A. Kireev. This “dialogue” pointed at social injustice contained in the new duel decree as well as at diversity of different points of view at the same phenomenon. The author of the article notes and analyses metaphorical expressions, major plot lines and rhetorical figures which were common for the reviewed discussion. It is noted in the conclusion that this discussion on duels not only clearly emphasised the questions of moral legitimacy of a duel and social status of its participants but also reflected the social tension and cultural barriers common during the late period of the Russian Empire.

Análisis de las implicaciones legislativas penales de las medidas adoptadas en el Pacto de Estado contra la Violencia de Género

El Pacto de Estado contra la Violencia de Género aprobado en 2017 ha recopilado múltiples medidas que implican modificaciones a realizar en diferentes ámbitos por parte de la administración. En este trabajo se han analizado dichas medidas para extraer aquellas que conllevan una modificación legislativa a nivel penal, estableciendo en primer lugar una clasificación sistemática de las mismas, para posteriormente realizar un análisis de cada una de ellas, estableciendo la idoneidad de cada una de las reformas propuestas, analizando las razones de política criminal que las impulsan, y las dificultades que las mismas pueden encontrar en su encaje legal.

A implantação do BEPS no Brasil: conquistas e desafios

Em outubro de 2015, a OCDE aprovou o BEPS que compreende 15 ações diferentes no tocante a tributação internacional, buscando combater a erosão da base imponível e a transferências de resultados tributários. Entretanto, transcorrido quase três anos ainda existe um longo caminho para que tenhamos um instrumental de tributação uniforme e universal. Neste artigo, após a exposição dos principais fundamentos do pacote BEPS, serão revisados os efeitos das suas ações propostas, verificando em particular os impactos causados no sistema tributário brasileiro. Metodologicamente, através da análise das recentes modificações na legislação tributária brasileira serão revistas as principais conquistas nessa temática. A estratégia da OCDE tem passado a reforçar o combate ao planejamento tributário agressivo, e tem procurado promover isso através de instrumentos multilaterais, que pactuam um novo padrão de tributação internacional. Porém o tratamento diferenciado de alguns países, onde aí se inclui o Brasil, tem alimentado uma fragmentação do BEPS que podem criar oportunidades para outros tipos de planejamento tributário internacional, comprometendo a eficácia do BEPS.