Legislative System Research Articles

Participatory and proactive: real-time rights-based recordkeeping governance for the alternative care of children

Purpose This study aims to make the case for real-time rights-based recordkeeping governance as a new foundation for the regulation and systemisation of multiple rights in recordkeeping for the Alternative Care of children and young people. Design/methodology/approach This article aims to make the case for real-time rights-based recordkeeping governance as a new foundation for the regulation and systemisation of multiple rights in recordkeeping for the Alternative Care of children and young people. It investigates this concept using the Australian context as a critical case study to highlight some of the current limitations in Australian Alternative Care systems in the way recordkeeping rights are represented in existing regulatory frameworks and monitored in practice. This paper will argue for the need for systemic transformations in child protection and information legislation and regulatory systems to better represent and enact alternative care recordkeeping rights. Findings This analysis of the legislative provisions for participation in recordkeeping and access to records of Care experiences against the Australian Charter of Lifelong Rights in Childhood Recordkeeping in Out-of-Home Care reveals a number of limitations. While the direct provision of rights to access records and the strengthening of principles of participation in some of the jurisdictions are welcome, it illustrates how the risk-oriented focus of the legislation on child protection investigations and substantiations encodes opaque recordkeeping practices and works against the provision of the full suite of childhood recordkeeping rights envisaged by the charter. Furthermore, without provisions for systemic and dynamic oversight, those with Care experiences are left to pursue individual outcomes against significant bureaucratic odds. Research limitations/implications In line with international recognition that active participation and proactive provision of rights are a protective factor, this article contends that governance frameworks need to be proactively designed to respect and enact recordkeeping rights, along with requiring mechanisms for real-time monitoring and oversight if the records problems of the past are not to be perpetuated. Practical implications The study’s proposal for the need for a real-time, rights-based recordkeeping governance seeks to address the systemic recordkeeping problems that have been identified in research and public inquiry related to Alternative Care systems in Australia as well as in the UK. Social implications Adopting a governance model that prioritises real-time, rights-based principles will ultimately impact how the Alternative Care system approaches records and their value in the processes of care. Originality/value Placing real-time rights-based governance at the foundation of a reimagining of the Alternative Care recordkeeping model offers the potential to create a system that places rights in recordkeeping and ethics of care at its core. This has highly transformative potential for the overall Alternative Care system and its relationship with children in out-of-home care.

Preambulum az idegenjogi szakigazgatás rendszerében

Aim: The aim of this paper is to present - in addition to the preambles of the legislation on alien policy from 1903 to the present day - the preamble of Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals. Methodology: This study considers the practice of the specifications of the preambles of the legislations on the entry and residence of foreigners, and compares, according to grammatical and logical criteria, the certain sentences of the introductory text of Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals with the normative provisions of this Act and other legislations, in particular the Fundamental Law of Hungary. Findings: The preamble of Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals introduces the normative provisions of the Act with an unusual content compared to the legislation so far. This content cannot, however, be examined in isolation, but only in the light of the specific legal provisions (constitutional, statutory, regulatory) establishing rights and obligations. Value: The value of the study is to draw attention to the fact that in the system of legislation, only the specific provisions of individual pieces of legislation have normative force, and that the texts and preambles introducing individual pieces of legislation can contribute to the interpretation of these legislative provisions.

КОНСТИТУЦИОННО-ПРАВОВЫЕ АСПЕКТЫ РЕГУЛИРОВАНИЯ СИСТЕМЫ ПРОБАЦИИ В РОССИИ

The article presents an analysis of the constitutional and legal aspects of the regulation of a new probation institute for the domestic legal system, which was conducted in the following areas: research of the probation legislation system and its sectoral nature; clarification of the subjects of jurisdiction of the Russian Federation and its subjects in relation to the activities covered by the probation system; systematization of probation principles based on constitutional norms and regulations. It has been established that the ideas of re-socialization and social adaptation of persons released from prison are not fundamentally new to domestic legislation. The model of the Russian probation system in a format that has received legislative consolidation is based on the experience of the international community and foreign countries. Representing a complex interdisciplinary phenomenon and an integrated legal institution, the probation system includes a wide range of issues related both to the exclusive jurisdiction of the Russian Federation and to the joint jurisdiction of the Russian Federation and its subjects, which reflects the principle of federalism in its organization. The probation legislation system covers regulatory legal acts at the federal and regional levels. The constitutional principles of probation include the principles of humanism, federalism, the social nature of statehood, the independence of local governments, legality, the priority of human and civil rights and freedoms, and equality.

The Reform of the EU Carbon Emission Right Trading Legal System and Its Enlightenment to Our Country

The EU carbon emissions trading mechanism is the most mature, the most demonstration effect of emissions trading mechanism, its legal system in ten years of operation, the third stage of reform is particularly significant, including regulatory mechanism, total limit and initial distribution mechanism, registration system, monitoring, reporting and verification mechanism, etc. At present, the legislative level of carbon trading in China is not high, and it lacks operability. In-depth analysis of the reasons, mechanism and main system of EU reform can provide important enlightenment for China. When building a national carbon trading market, China should learn from the experience of the European Union, improve the legislative system, and promote the construction of key systems.

Comparative Analysis of Bribery Laws and Implications

In light of the Global Peace Index's recognition of Denmark, New Zealand, and Finland as nations with excellent governance standards and low levels of corruption, this study compares the bribery laws and their effects in these three nations. Denmark's legislative system strictly prohibits bribery in the public and private sectors, as outlined in particular provisions of its Criminal Code. In line with international anti-corruption conventions including the OECD Convention and EU Criminal Law Convention, provisions prohibit both active and passive bribery. Similarly, New Zealand's approach to bribery is broad, extending its authority extraterritorially, and penalising offenders severely. It is largely handled by the Crimes Act 1961 and Secret Commissions Act 1910. Finland, on the other hand, has a thorough legislative approach that is scattered throughout its Criminal Code and covers fraud, bribery, and other corrupt practices. This strategy is in line with Finland's resolve to fight corruption by enacting specific laws and enforcing strict penalties—which include fines and jail time in more serious cases.The methodology employed is qualitative in nature and entails a thorough examination of statutory texts, case law, and international agreements. Secondary sources, such as government reports and scholarly literature, are also consulted. A detailed investigation of how each nation defines, prosecutes, and deters bribery is made possible by comparative legal analysis, which takes into account contextual elements like historical evolution, the socio-political climate, and international commitments. This study advances our knowledge of how well legal frameworks function to prevent corruption, advance transparency, and build public confidence in the public and private sectors of the economy. The comparative analysis provides valuable insights that guide efforts to strengthen anti-corruption measures worldwide. These tactics highlight the significance of strong legislative frameworks that are customised to national circumstances in order to maintain integrity and accountability in government.

Several Propositions on the Influencing Factors of Re-employment in Urban Younger Elderly

Dealing with the active aging of the population has become a major strategic problem in China’s economic development. With the increasing number of elderly people in China, it is of great significance to explore how to promote the re-employment of the younger elderly, fully develop and use the power resources of the elderly, and relieve the pressure of social economy and family. Based on the relevant literature research, the paper constructs the integration model of the factors affecting the re-employment intention of young urban elderly people and further puts forward several hypotheses. The research suggests that society should change the social consciousness, give full play to the leading role of the government, improve the legislative and institutional system, and encourage enterprises to actively employ the elderly.

FEATURES OF THE DEVELOPMENT OF MULTIPARTY REGIONAL SYSTEMS OF THE RUSSIAN FEDERATION

The article examines the peculiarities of the formation and development of multiparty system in the regions at the present stage of Russia’s political development. The article analyzes the processes of transformation of the Russian party system in the context of systematic changes in the mechanisms of legislative regulation of their party and political activities. The aim of the study is to determine the degree of influence of the regional party system on the exercise of political power in Russian regions. This is necessary to determine the main directions for improving the system of party legislation in the process of establishing a new political system. Conclusions. As a result of the conducted research, a number of unresolved contradictions in the formation and development of the modern Russian regional party system have been identified. These contradictions do not allow this type of party system to achieve the level of influence that would give them the opportunity to really and effectively participate in the current political process. It can be argued that the party systems that have developed today in the regions are lagging behind in their development in comparison with the all-Russian party system. The author concludes that in order to change the current situation, it is necessary to improve the quality of representation from political parties in regional and municipal authorities. In order for political parties in the regions to articulate the interests and needs of various social groups, they must have the necessary power resources in making decisions on the leadership and management of the region. One of such ways to increase the level of influence of the regional party system is, in the author’s opinion, the reform of party legislation in the direction of creating broader opportunities, both for creating parties of different political spectrum and for increasing their power capabilities.

THE ROLE OF LAW AND GOVERNMENT IN LEGAL PRACTICE

The proposed scientific article comprehensively examines the legal analysis of the interaction of the concept of law and power, which provides for a clear application of current legislation in modern society. The need for law has a higher legal purpose fixed and secured by positive legal qualities and legal elements of law, creating a space for free behavior of all participants in public relations in accordance with the principles of freedom, humanism, spiritual wealth and material interests of man and citizen, currently being studied taking into account world legal practice. Currently, the role of law in the system of legal regulation in society represents the role of the state and law in various legal forms, implemented through law, in its imperative power activities. This legal interpretation is due to the influence and development of the legal system of norms-definitions as a legal model of the behavior of subjective rights in modern society, where the implementation of law is defined as the implementation of legal regulations, this is an improved protection of human rights under the current Constitution of modern countries, from the point of view of legal science. The need to study the interaction of the concepts of law and power as a single legal mechanism, their legal norms is widely used in modern society and is contained in legal institutions to build a rule of law state in accordance with the legislative system and legal principles, where it is provided with the positive law necessary for the legal institutions of society. When studying the concept and operation of the legal mechanism applied by state authorities in legal practice, the law itself specifically determines the needs of modern society in the law itself, and vice versa, the entry of legal institutions into the sphere of state power is necessary to maintain imperative principles in the field of law, using the broad powers of law, as a category of law in modern society.

LEGAL CHARACTERISTICS OF PRIVATE DETECTIVE ACTIVITY IN THE REPUBLIC OF KAZAKHSTAN

Private detective work is a professional activity involving the collection, analysis, and provision of information about various events, persons, and objects, commissioned by individuals or organizations. The article underscores the relevance of this field in the context of ongoing reforms in law enforcement agencies, and the authors argue that the legislative consolidation of private detective work can significantly enhance the level of legal assistance to citizens, society, and the state. The legal status of a private investigator should be normatively established, with its own principles, methods, legal status, and cooperation with law enforcement agencies. Justifying the need for legislative regulation, the authors point to the principles that should serve as the foundation for private detectives. The authors emphasize the importance of the interaction of private detectives with state law enforcement agencies for the effective fight against criminal offenses and identify four categories of interaction: legal cooperation, technical cooperation, information field and operational interaction, and support. International norms are crucial conditions for the legal regulation of private detective activities in the country. In the context of global practices, the authors note the commonality of principles, goals, and objectives of private detective activities, but they also recognize the existence of national peculiarities regulated by the legislation and legal system of each state. Additionally, in this article, the authors provide a legal description of the legal status of a private detective and develop recommendations for utilizing the results of their work in the field of criminal procedure.

The Effectiveness of International Human Rights Law, National Legislation, and Judicial Systems in Protecting Minority Rights

The protection of minority rights is a critical aspect of human rights governance, necessitating effective mechanisms at both international and national levels. This study investigates the effectiveness of international human rights law, national legislation, and judicial systems in safeguarding minority rights. Employing a qualitative approach, this research analyzes the implementation and enforcement of legal frameworks aimed at protecting minority groups across various jurisdictions. Through a comparative analysis of case studies and legal documents, the study explores the strengths and limitations of international human rights instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, as well as national legislative measures and judicial decisions. Key factors influencing the effectiveness of minority rights protection include the extent of legal recognition, enforcement mechanisms, political will, and societal attitudes towards minority groups. The findings underscore the importance of robust legal frameworks and judicial systems that uphold minority rights and provide effective remedies for violations.

Legislative mechanisms of personal data protection in the health care system

Human rights and freedoms, guarantees of their observance and protection should be the basis of the activities of any democratic country in the world. The issue of information security becomes particularly relevant in modern conditions, because medical institutions collect and store personal data of persons who contact them, the results of laboratory and instrumental research, diagnoses, medical histories, etc. Endless reforms, changes in legislation, introduction of an electronic system in the field of health care cause a lot of discussions about individual mechanisms of its functioning and ensuring the protection of personal data. The collection of personal data must be lawful, subject to strict requirements and for a legitimate purpose. In addition, persons or organizations engaged in the collection and processing of personal information must protect it from abuse and respect the rights of data owners guaranteed by law. The reform of legislation in the field of data protection should take place in parallel with the dynamic process of development of Internet technologies, including the creation of a formalized system of legislation in the field of privacy. In addition, considerable attention should be paid to the level of awareness of citizens about how their personal data may be collected and used. In particular, the request for consent to the processing of personal data must be clear; access to own data should be simplified and their mobility should be increased for easier transfer of data from one service to another; companies and organizations must report serious security breaches in a timely manner. And of course, ensuring the appropriate level of responsibility and reporting of all those involved in personal data processing. Health care is increasingly reliant on information technology. More and more hospitals and healthcare institutions are using information and communication technologies to support and improve their work. Digital technologies are widely used in the public health care sector, including electronic prescriptions, appointments with a family doctor, records of services rendered, hospitalization, hospital discharge, etc. In this context, a wide range of eHealth tools and services have emerged. Electronic medical records are created in such a way that it is possible to transfer patient data between different medical professionals. Although digital health technologies have so many important functions, their high dependence on sensitive patient health information can cause information security issues. At the same time, a significant part of personal health data is often collected without informing patients about it.

Characterization of Slovak police legislation

Aim: The purpose of the study is to present the system of Slovak police legislation from the authors’ scientific point of view and personal experience, and to approach the place of the subjects of police law in the Slovak legal system and in the law enforcement administration by interpreting the sources of police law. Methodology: The authors apply the standard methods of scientific investigation of the topics of police administration and police law, with particular attention to the police. Primarily, they present an analysis of the system of legal norms regulating the legal status of the police in the police mechanism of the state. Findings: The security system of the Slovak Republic is based on the security policy of the state, which contains the basic priorities implemented by the system of state bodies and institutions. The Ministry of the Interior, as the central state body responsible for the internal security and public order of the state, is primarily responsible for the implementation of the stated priorities. From the point of view of the operation of the rule of law, it is important to define legal sources for the subjects of police law that regulate the powers, duties and activities of these subjects. A special legal status is enjoyed by law enforcement authorities, which are composed of elements that ensure the effective and rational implementation of powers defined by formal legal sources. The specific tasks of the police are determined by legal norms, which are provided by individual services through police bodies. The mentioned police bodies operate at certain levels of regional and functional importance within the police system. The police is one of the important organisations that guarantee the internal security of the state and occupies an irreplaceable place in the implementation of the state's security policy. Value: The result of the scientific examination of the position of the police in the security system of the state is that it is determined what tasks the police perform as a subject of police law in the Slovak Republic. The academic work points to the organisation of the police and the system of legal norms regulating the powers of the police, especially to guarantee the internal security of the state.

Кримінально-правова характеристика кримінальних правопорушень, пов’язаних з корупцією в Україні

The article examines the criminal-legal characterization of criminal offenses related to corruption in Ukraine. Corruption has a high level of latency, it hinders reform efforts, causes significant harm, and negatively affects Ukraine's reputation in international relations. The main risk on the path to European integration lies in how willing the government structures and leadership of the country are to fulfill their obligations and meet the expectations that exist in society today. Therefore, the fundamental issue in this context is the problem of combating corruption, which is currently the most pressing problem in our country. The Criminal Code of Ukraine specifically defines which socially dangerous acts constitute criminal offenses related to corruption for which individuals can be held criminally liable and punished. It is noted that the concepts of corruption, corrupt offense, and offense related to corruption are not defined in the Criminal Code of Ukraine, but are elaborated in the Law of Ukraine “On Prevention of Corruption”. The characteristics of criminal offenses related to corruption are considered, including social danger, unlawfulness, guilt, and commission by a special subject. It is stated that the provisions of the Special Part of the Criminal Code of Ukraine are arranged in separate sections based on the generic object, but the legislator does not adhere to this principle regarding criminal offenses related to corruption, and only Article 45 of the Criminal Code of Ukraine specifies which criminal offenses are classified as offenses related to corruption. It is mentioned that Ukraine has established a system of anti-corruption legislation, which defines the scope of subjects covered by this legislation and the circle of specially authorized subjects in the field of anti-corruption. In addition, the anti-corruption strategy in Ukraine is implemented through the implementation of a state program. Therefore, the legislation establishes a set of requirements and procedures aimed at preventing corruption. All these instruments form a complex of anti-corruption mechanisms that act as a barrier to the commission of criminal offenses related to corruption. However, this legislation must be clear and accessible for application by both theorists and practitioners. It is concluded that criminal offenses related to corruption are clearly defined in the Criminal Code of Ukraine as socially dangerous culpable acts (acts or omissions) that contain signs of corruption and are committed by the subject of the criminal offense related to corruption. As mentioned earlier, the peculiarity of the Criminal Code of Ukraine is that there is no one clear section among its divisions that encompasses all criminal offenses related to corruption, therefore, it is considered appropriate to include a separate section in the Criminal Code of Ukraine to unite all criminal offenses related to corruption in order to ensure proper application of criminal legislation and hold responsible individuals accountable for criminal offenses related to corruption.

Monitoring of the BEPs actions plan implementation in the context of fiscal regulation: scientific substantiation of the methodology

Since January 2017, Ukraine has joined the OECD's Inclusive Framework and committed itself to implementing the BEPS Minimum Standard. The national tax system is similar in structure to the tax systems of developed countries. At the same time, the country's recognition of generally accepted standards for combating aggressive tax planning requires significant adaptation of the legal framework. Monitoring of the legislative process of implementing the BEPS Action Plan is an important area of further development of state regulation in the tax area and an effective means of achieving the proper quality of tax legislation and creating a modern and efficient tax system. The regulatory assessment of the state of national legislation will facilitate a detailed understanding and analysis of possible positive effects, achievement of results in the fight against tax evasion and base erosion, and avoidance of legal conflicts and contradictions. Monitoring the legislative process of implementing the BEPS Action Plan measures allows us to identify the necessary areas for improving the national legislative system and track the positive and negative effects of the application of legislative norms. Monitoring of regulatory legal acts is a tool for the development of future-oriented legislation, as it involves the study of legislation to obtain information necessary for assessing, forecasting, controlling and formulating recommendations for improving the regulatory framework and ensuring its optimal condition. As a member of the OECD Inclusive Framework, Ukraine has implemented the BEPS Action Plan Minimum Standard through significant adaptation of the national tax legislation and its approximation to the provisions of international tax instruments. Monitoring of the legislative process of implementing the BEPS Action Plan is an important area of development of state regulation in the tax area and an effective means of achieving the proper quality of national tax legislation and further development of an effective tax system.

Exploration of the Path of Labor Dispute Resolution

According to the traditional view, the main ways to handle labor disputes include: workers and employers resolve disputes through consultation, apply for mediation to the Labor Dispute Mediation Committee, submit to the Labor Dispute Arbitration Committee to apply for arbitration in accordance with the law, and file labor lawsuits with the court. Each of these ways has its own advantages and disadvantages, but they are also closely related and interconnected. In practice, the parties may not know which route is more conducive to resolving a dispute, nor are they clear about the specific functions of the various institutional themes and the differences in the advantages and disadvantages of resolving specific issues. And in the legislative system, the functions of the various institutional subjects also have cross and blank areas. This article will focus on the labor security supervision system and the labor dispute arbitration system, as well as the relationship and interface between the labor dispute arbitration system and the labor litigation system to do a brief analysis and put forward proposals.

Sistem Pemilihan Bakal Calon Legislatif oleh Partai Politik dengan Metode Simple Additive Weighting

The Regional Leadership Council of the Grinding Party experienced difficulties during the general election in 2019 where legislative candidates could not meet the party's target of 2 seats. So that in 2024 before the general election a decision support system-based legislative candidate selection system was created so that for future plans the party will use this system so it is necessary to start building the system. The purpose of this research is to be able to determine prospective candidates to become legislative candidates. This type of research is quantitative in criteria data collection techniques can also be through observation, interviews and literature studies, with an application development model using a prototype model. The prototype model with the stages of collecting data and case examples, designing prototypes, building prototypes, testing programmes, implementing and maintaining programmes. The research subject is legislative candidates and the object is the Gerinda party which conducts the selection of legislative candidates. Application design assisted by Unified Modelling Language (UML) modelling techniques can provide the best system design, then the calculation results will be ranked to get the optimal alternative. Then the data analysis technique uses the Simple Additive Weighting (SAW) method. This research produces the name of the candidate who will be elected by building a system with the application of the SAW method. Of the 9 people who registered as prospective candidates.

The legal basis of social security for village officers and members of their families according to the legislation of Ukraine

The article examines the current state of the legislative system of Ukraine, which regulates the social protection of military personnel and their family members. The main principles of state policy in the field of social security of this category of persons were considered, and it was determined that the main directions of such policy are: a) establishment of a unified system of social and legal protection; b) guaranteeing favorable conditions in the economic, social, and political spheres to military personnel and members of their families; c) development of effective and accessible mechanisms for the realization of their rights to social protection by this category of persons. Social security of persons who defend the state is an extremely important direction of state policy, which is of primary importance not only during the war, but also after its end. Today, there is no more important task than protecting and ensuring the rights of servicemen of the Armed Forces of Ukraine and other military formations that defend the territorial integrity and sovereignty of our state. It is noted that today in Ukraine there is a system of normative legal acts of various legal force that regulate issues of social and legal protection of military personnel, their constitutional rights and freedoms, and guarantees regarding their implementation. At the same time, despite the fact that the legislation in this field is constantly developing and improving, many problematic issues require an effective mechanism for their resolution. The types of social guarantees of servicemen and their family members and the peculiarities of their provision during the period of martial law in the country are considered. A conclusion was made about the irregularity of the norms that determine specific types of social protection of servicemen and their family members, as a significant number of normative legal acts do not always indicate the provision of integral and comprehensive social protection. And also, the absence of a single legislative act that would determine mutually agreed standards and principles of building the entire structure of social security for servicemen and their family members. There were opinions that the existing system of social protection needs radical reorganization and adaptation to modern conditions. In particular, it is necessary to create a clear system of guarantees of social (material) support of servicemen and their family members, to ensure their observance and implementation by the state. A decent level of social security acts as a stimulus for citizens to military service.

Как согласовать законодательство специальных административных районов и материкового Китая в рамках системы «Одна страна — две системы» — на примере Гонконга

The article analyzes the principles of functioning of the Chinese system "One country — two systems", it considers the theoretical and legal foundations of the legislation of Hong Kong as a special administrative region within this system. Using the methods of critical legal research, dialectical materialism and complex analysis. The author concludes that the key problem at the moment is the lack of perfection of the constitutional review system in Hong Kong. This requires further improvement of the registration and verification system, as well as strengthening the constitutional review system of Hong Kong's Basic Law to ensure the unity of China's legislative system.

Ретроспективный анализ применения отдельных мер пресечения

The article provides a retrospective analysis of the formation and development of preventive measures in the form of bail and prohibition of certain actions in the system of Russian legislation. Based on the analysis of historical literature, legislative normative legal acts, as well as archival materials, the author considers milestones in the development of the preventive measures under consideration, which made it possible to identify 3 chronological stages of bail, as well as to identify the features of the emergence and formation of the prohibition of certain actions in Russian criminal proceedings. The article describes the features of the election of preventive measures in various historical periods.

Implementation of the financial standards of the European Union on the example of the legislative system of Ukraine and Germany

Implementation of the financial standards of the European Union on the example of the legislative system of Ukraine and Germany