Local Legal Regulations Research Articles

Legal Framework of Micro and Small Businesses in Indonesia for Achieving Empowerment and Legal Protection

<em>This research aims to identify, analyze, and discover efforts to facilitate business ease, empowerment, and protection for micro and small business operators in the Maluku Province through effective local legal regulations. Micro and small businesses play a vital role in supporting national development and enhancing the country's economy. Therefore, micro and small businesses need to be continuously developed to remain viable and competitive in the global trade arena. One of the measures to ensure the sustainability of micro and small businesses is through effective legal regulations that address various challenges faced by them. These legal regulations encompass not only national legal aspects but also local legal frameworks, including those in the Maluku Province. This research constitutes sociolegal research using primary and secondary data obtained through literature review and interviews. Based on the research findings, it is evident that the legal regulations for micro and small businesses in Maluku, both at the provincial and municipal levels, are not sufficiently effective in realizing ease of doing business, empowerment, and protection for micro and small business operators. The ineffectiveness of local legal provisions in Maluku is attributed to various issues in their content. These issues include discrepancies in regulations compared to other legal provisions, overlapping jurisdiction between the provincial and municipal governments, and even the central government's authority in regulating medium-sized businesses. Furthermore, legal gaps and unclear content lead to normative ambiguity, ultimately affecting the implementation of micro-business development and empowerment, which does not proceed smoothly.</em>

Evidence from Albania: local government, public goods, and the free-rider problem

Public goods and their benefits are necessarily related to their nature. From an economic point of view, citizens are always looking for more and more public goods, judging that they should always finance them even less. Especially in a democracy, it is sufficient to remember that people who don't vote still benefit from the government's agenda. Mainly in developing countries and especially in ex-communist ones, the public does not have enough literacy and interest to understand the issues of public finance, political economy, the fiscal system, legal and political systems, social paradigms, and economics. So, it generally attributes the provision of public goods necessarily to the central and local governments without understanding or knowing any of the elements of the public goods ecosystem. So it seems that everything that the local government provides must be of high quality and be free, which proves evidence and traces of one of the main problems of public goods, which is the free-rider problem. From the research point of view, regardless of the moderation made by the civil society for the awareness of the social contract as well as the transparency of the economic activity of the municipalities, the citizens' awareness about the nature and problems of the provision of public goods still remains a concern. Therefore, the purpose of this article is to address the free-rider problem as an issue that must be recognized and considered so that optimal local legal regulations can be formulated, especially in small communities like Vlora municipality, where the free-rider problem is on a smaller scale compared to larger municipalities in the world.

Cultural expertise, hate speech, and the far right: the Slovak Mazurek case

This article offers a case study of Slovakia focusing on the Mazurek case, the first criminal conviction of an incumbent Slovak far-right MP of hate speech. My explorative analysis uses data from my work as expert appointed by the investigation. It shows that cultural expertise in the Slovak hate speech cases involving prominent politicians has helped pinpoint the anti-minority narratives hidden behind the incriminated speech. The far right attempted to weaponize the legal process to cement their electoral base, raising the question of the mitigation strategies available to experts to counter this trend. The analysis points to the relevance of global legal pluralism not only in approaches to hate speech, but also regarding the interaction between the legal doctrine, the humanities and social sciences, and local legal regulation. The article concludes with positioning cultural expertise vis-à-vis global legal pluralism, whereby increased transparency of data from the proceedings and access to specialised training could mitigate the difficult position of cultural experts in hate speech.

PERENCANAAN TITIK LAHAN PARKIR UMUM PADA KAWASAN KOMERSIAL JL. BOULEVARD DAN JL. PENGAYOMAN, KOTA MAKASSAR

Jl. Boulevard and Jl. Pengayoman is a commercial area in Makassar City. Jl. Boulevard and Jl. Protection is quite strategic because it can be reached by all levels of society from various means of transportation. Various community activities such as walking, jogging, shopping, office activities, etc. have resulted in the increase in parking for visitors' vehicles in the area, covering the shoulders of the road and pedestrians. From the results of our previous research, it is clear that the cause of illegal parking that occurs in the commercial areas of Jalan Boulevard and Jalan Pengayoman is the limited parking space in each commercial building and the standard for calculating parking spaces in the commercial areas of Jalan Boulevard and Jalan Pengayoman. This is what causes the loss of user comfort and the change in pedestrian function to illegal parking in the Jl. Boulevard and Jl. Pengayoman is therefore an action that is contrary to Islamic Sharia which is haram because it is illegal, does not comply with local legal regulations and also harms other people. So, to restore the comfort and function of pedestrians in the commercial area of Jl. Boulevard and Jl. Pengayoman, we will carry out further research with the title "Planning Public Parking Areas in Commercial Areas on Jalan Boulevard and Jalan Pengayoman in Makassar City", where this research is to solve the problem of lack of parking spaces so that there is no more illegal parking in commercial areas on Jalan Boulevard and Jalan Protection of Makassar City. Data analysis uses qualitative and quantitative analysis which is used to explain the results of survey interviews with users and observations carried out on Jl. Boulevard and Jl. Pengayomanof Makassar City with the results of a literature review regarding parking spaces. This research is expected to provide a real picture to researchers as academics and the government as policy makers regarding public facilities built for the common good, as study material to determine policies that might be implemented to improve or add to these public facilities, and as a source a reference for writers who might carry out studies on urban planning.

Centralized and local legal regulation of labor relations: problems of correlation and development

The current state of centralized and local legal regulation of labor relations in Ukraine has been studied and its shortcomings have been identified. The points of view of scientists regarding the essence of centralized and local legal regulation of labor relations have been analyzed.
 It has been indicated that Ukraine, positioning itself as a social, legal state and a future member of the European Union, should centrally establish social standards in the field of labor that correspond to those adopted in the European Union, while not reducing the existing level of existing social guarantees, as well as ensure them proper implementation and protection. Centralized legal regulation of labor relations in Ukraine should be based on a modern codified normative legal act, which will ensure a full-fledged comprehensive regulation of labor relations, implementation and protection of the rights of employees, compliance with the interests of employers, and also contribute to the development of local rulemaking.
 It has been justified that the focus on the protection of the employee's rights should continue to be the conceptual line of the centralized legal regulation of labor relations. The idea of balancing the interests of the employee and the employer is acceptable under certain conditions at the local level when concluding collective agreements, where it takes the form of a compromise. Here, balancing the interests of employees and employers can exist to the extent permitted by labor law.
 Attention has been drawn to the fact that modernity requires ensuring the development of collective contractual regulation of labor relations. The collective agreement, as the main local regulatory act in the field of labor, should comprehensively regulate labor relations within a specific enterprise, institution, organization or individual who uses hired labor. The conclusion of a collective agreement involves the search for a compromise between the employees and the employer in the process of establishing working and rest conditions. The collective agreement must provide for the mechanisms for fulfilling the established obligations and take into account the financial capabilities of the employer, which will make it a real and effective means of legal regulation of labor relations.
 It has been proposed to supplement Art. 11 of the Law of Ukraine “On the Organization of Labor Relations in Martial Law” part 2 with the following content: “During the period of martial law, it is not allowed to suspend the provisions of the collective agreement regarding wages, labor protection, medical care, ensuring equal rights and opportunities for women and men , measures aimed at preventing, countering and stopping mobbing (harassment), prohibition of discrimination”.

Students with Dyslexia in Universities in Poland – Description of the Legal Situation and Good Practices

The aim of this article was to analyse the currently functioning system of support for students with dyslexia at state universities in Poland and to identify and assess goodpractices that are already being implemented. The research method used was desk research (reviewing both formal and informal documents) and included university websites andnational and local legal regulations. The results showed that only nine (15%) state universities in Poland introduced concrete forms of support for the students with dyslexia and the faculty, such as exam concessions (six universities), consultations with a specialist (for students: six universities; for teachers: five universities), and provision of information and educational materials (nine universities). A comparison of the Polish support system for students with dyslexia with that of the UK resulted in a list of recommendations, including the extension of the examination time by 25% of the basic time, the assessment of written assignments solely on the basis of content and not on the correctness of spelling and changes in the format of an exam (from written to oral).

PARTICULAR ISSUES OF THE SOURCE BASE RESEARCH ON THE PROTECTION OF THE CHILDREN'S RIGHTS IN THE U.S.

The article examines the source base of the children’s rights protection research in the United States. The scientific research in the area of the children’s rights protection in the U.S. is valuable because of its important scientific significance. However, for the completeness, comprehensiveness and objectivity of the research, we must conduct a scientific analysis of the components of the basis of the study. In our opinion, the specifics of historical and legal research require the study of sources on the basis of which the object of study was legally regulated in the different periods of time. The peculiarity of the source base of the study on the protection of the children’s rights is due to the constitutional status of the United States as a federal state. This feature led to the combination of the federal and local legal regulation, as well as organic combination of the statutory and precedent legal regulation. Therefore, the laws and court decisions were worked out to disclose the above issues. The U.S. Supreme Court in its decisions took the global trend of liberalizing criminal penalties of the juvenile defendants. In this paper we applied the methods of complex analysis and systematization to comprehensively cover the problem of the pluralism of approaches to the interpretation «source of law».

Crowdfunding regulation in USA

The article discusses the provisions of the current crowdfunding legislation of the United States of America in order to isolate the features of the relevant local legal regulation. The acts and regulations governing the main common forms of crowdfunding, in particular the Jumpstart Our Business Startups Act (JOBS), The Securities Act of 1933, are considered, and the scope of their regulation is indicated. There are government agencies that directly or indirectly carry out regulatory functions in relation to the area under consideration, including the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), the United States Department of Justice, Securities and Exchange Commission (SEC). The main requirements for participants in the crowdfunding services market, the rules for admitting participants to the relevant market, as well as applicable investment restrictions are given. It is noted that despite the existence of federal crowdfunding regulation, individual states enact their own crowdfunding regulatory provisions.

Home and hub: pet trade and traditional medicine impact reptile populations in source locations and destinations.

The pet trade and Traditional Chinese Medicine (TCM) consumption are major drivers of global biodiversity loss. Tokay geckos (Gekko gecko) are among the most traded reptile species worldwide. In Hong Kong, pet and TCM markets sell tokay geckos while wild populations also persist. To clarify connections between trade sources and destinations, we compared genetics and stable isotopes of wild tokays in local and non-local populations to dried individuals from TCM markets across Hong Kong. We found that TCM tokays are likely not of local origin. Most wild tokays were related to individuals in South China, indicating a probable natural origin. However, two populations contained individuals more similar to distant populations, indicating pet trade origins. Our results highlight the complexity of wildlife trade impacts within trade hubs. Such trade dynamics complicate local legal regulation when endangered species are protected, but the same species might also be non-native and possibly damaging to the environment.

Legal Regulation of Crowdfunding in the UK

The paper describes the current regulatory provisions in the field of crowdfunding applicable in the UK; the features of the local legal regulation of this phenomenon, as well as the historical aspects of its formation and possible prospects and development trends are noted. The paper defines the regulated forms of crowdfunding, as well as the regulatory order that crowdfunding platforms must comply with; highlights the procedure for the admission of participants in crowdfunding companies to carry out activities on the basis of crowdfunding platforms; outlines the basic requirements that potential providers of crowdfunding services must meet. The paper highlights the important role of the Financial Conduct Authority (FCA) in the development of UK crowdfunding legislation, analyzes the measures taken by the Office in this direction, as well as the priority areas of the Office’s activities in the context of the development of new norms of special rules, acts and regulations.

Analytical Review of Digital Accessibility Services on Official Sites of the World’s Best Universities

The paper discusses the problem of e-learning accessibility for persons with disabilities. Development of e-learning content accessible to all students is gaining special relevance in the context of global trends in higher education related to the massive transition of learning to distance and hybrid formats. Based on the analysis of the official websites of 25 world’s top universities (according to the QS World University Rankings 2021), data on university digital accessibility services were systematized. The data search was carried out by total browsing of university sites’ structure and headings and by keywords. Data on 14 checklist categories were registered. Signs of administrative and project activities in the field of digital accessibility were found for 20 universities (80%), among which 10 (40%) have specialized structural subdivisions for digital accessibility. The content of digital accessibility web services contains data on the following topics: training in digital accessibility for educational content for authors and developers (14 university sites – 56%); a guide for authors (15–60%) and web developers (12–48%); consulting and assistance for authors and web developers (17–68%); accessibility examination (5–20%); legal norms (11–44%) and accessibility standards (16–64%); accessibility testing guide (16–64%); procurement requirements for accessible web products and services (8–32%); frequently asked questions (6–24%), etc. Based on the results of the analysis, the model of university digital accessibility services was developed and corresponding web site was published. It seems important to create similar web resources and corresponding structural subdivisions in universities of the Russian Federation, as well as to approve the intra-university local acts regulating the mandatory fulfillment of digital accessibility requirements in the development of educational content and the procurement of digital products and services. GOST R 52872-2019, based on WCAG 2.1, should be used as the basis for local legal regulations.

Особенности дистанционного труда: сетевая и платформенная занятость

The article offers the interpretation of the phenomenon of "network and platform labor employment", clarifies the legal nature, as well as general and special signs. The analysis of the norms of labor legislation in order to ensure the social and labor rights of the "network" worker and the review of the rights protection practice show the collisions and gaps of the local legal regulation due to insufficient legal succession. The problems of ambiguous understanding in differentiation of platform and network employment, non-systemic approach of public regulation connected with increase of employee's load when using hybrid form of labor, and also legal indifference of "platform employers" are disclosed. The specifics of law enforcement for the protection of workers' rights allow us to argue about the imperative of compliance and enforcement of labor law norms in the use of information and communication and digital technologies in the implementation of distance employment.

Локальное нормотворчество как элемент локального правопорядка

The article analyzes the problematic issues of the content of local rule-making activity, which is considered as an element of the local legal order. It is noted that local rule-making should be necessary, not accidental. Local regulations acts are correlated with corporate acts. It is proposed to consider them as independent but partially overlapping phenomena. The segment of their intersection depends on the direction of legal regulation, methods of objectification outside and the type of the subject that generates them. The tendency of decentralization of legal regulation and its influence on the local legal order is noted. Local legal regulation has a limited scope of regulation (within a collective formation), is subordinate in nature, implements a generally permissible approach in a strictly defined legal framework and forms a local legal order

The Legal Aspects of Activities Taken by Local Authorities to Promote Sustainable Development Goals: Between Global and Regional Regulations in Poland

This article examines the role of local authorities in promoting the sustainable development goals set out in the United Nations 2030 Agenda. The main aim was to analyse the legal aspects of activities taken by local authorities obliged to promote SDGs with the use of global and regional regulations, using the example of Poland. The adoption of the 2030 Agenda has damaged the current, ineffective model of Implementation of Sustainable Development. The present study discusses the Polish approach to sustainable development, including the experience and tasks of Polish municipalities, poviats, and voivodships in the field of sustainable development strategies as well as the prospects of implementing the goals of the new 2030 Agenda. The critical analysis of the legal aspects of activities taken by local authorities confirmed the thesis that the global solutions proposed in the 2030 Agenda are at least partially compatible with local legal regulations.

ПРОБЛЕМА СООТНОШЕНИЯ ЛОКАЛЬНЫХ НОРМ ПРАВА С КОРПОРАТИВНЫМИ НОРМАМИ

This research article, as the title suggests, is devoted to the general theoretical problem of the relationship between local legal norms and corporate norms. In the conditional first part of the study, local law norms are analysed, including from a historical perspective. Noting that the problem of local regulation has been the focus of attention of Soviet scientists (N.G. Ale-xandrov, R.I. Kondratyev, S.S. Karinsky, F.M. Leviant, L.I. Antonova), it is emphasized that local acts were originally understood as the result of rulemaking organizations, enterprises, institutions in the field of labour relations. An analysis of modern legal educational literature shows that scientists, when classifying the norms of law, either do not mention the existence of local norms of law at all, or show insufficient attention to their analysis, limiting them-selves to a few phrases. In doing so, authors often unreasonably fail to distinguish between local and departmental legal regulation or local and local legal regulation. Analyzing the types and essential features of local legal acts: their volitional content, intra-organizational character, bylaw nature, dynamism and stability, multiple application, duration of existence, compulsory for the addressees of norms, maintaining by the coercive power of the state, the author rightly states that all local acts arise by direct instruction of law, indicating that on a given issue This assertion is supported by examples of labour law and education law. By focusing on local labour law norms, the necessity of their adoption is justi-fied, and mandatory local law norms are analysed. It is thought that one of the current problems concerning local rules of law is their rela-tionship to corporate rules. It is the fact that many authors unreasonably refer to the norms of individual state organisations, i.e. local norms of law, as corporate norms. The author takes the position that corporate norms are rules of conduct established and provided by non-state organizations (political parties, public organizations, non-state institutions and enterprises, etc.) and apply to their members; they are contained in the statutes, regulations and other regulations of non-state organizations and determine the formation of these organizations, their structure, competence, rights, duties and responsibilities of their members. Moreover, the paper defends the view that corporate norms include, first, non-social cor-porate norms: technical norms; sanitary and hygienic norms; physiological norms; biological norms; second, social corporate norms: corporate customs, traditions, aesthetic, business customs, legal norms. In conclusion, it is argued that, although both local legal norms and corporate norms are intra-organisational in nature, they should be distinguished. Moreover, corporate norms, which have both technical and social aspects, should also be seen as having a legal aspect, implying the presence of corporate law norms.

Tracking of Clinical Documentation Based on the Blockchain Technology—A Polish Case Study

The article presents the concept of application DLT (distributed ledger technologies) for building the electronic clinical documentation tracking system. After a short introduction to block chain issues, and discussion about the attempts of its application on various fields of everyday human life, including healthcare, basic requirements for tracking of clinical documentation system are presented, followed by the proposition of its architecture leveraging the distributed ledger technologies. The paper is concluded with a discussion about the possibilities of running such a system, regarding constraints coming from local legal regulations and general data protection regulation (GDPR), but also economic and social conditions, including ecological ones, which are part of the sustainable development trend.

Risks of Entrepreneurial Activity and Their Impact on the Development of Labor Relations

The article analyzes the concept of “risk” as an economic, social and legal category. The author defines the legal boundaries of this concept from the point of view of entrepreneurial activity and reveals their features. Legal instruments are also considered that allow entrepreneurs, in the conditions of economic crises, to pay special attention to the risks associated with the conclusion of employment contracts with employees. At the same time, a conclusion is drawn on the need to improve the system of internal local legal regulation, forecasting situations in which the risk of absenteeism due to objective circumstances can lead to significant losses. The boundaries of employee social protection and protection are determined by various means that are available to the employer, in particular legal, economic and organizational.

Historical and Legal Preconditions for the Origin of Local Legal Regulation of Labor Legal Relations in Ukraine

Based on the analysis of scientific views of scholars, the author has studied the historical and legal preconditions for the origin of local legal regulation of labor legal relations in Ukraine. It has been noted that the foundations of legal regulation of labor legal relations were laid during the existence of the Roman Empire. Despite the fact that this historical period is characterized by a slave-owning type of economy, we can still talk about the existence of legal regulation of labor at that time.
 It has been emphasized that an important stage in the development of local regulation of labor relations in Ukraine is the period of Kievan Rus (late IX – mid XIII century), which is characterized by the fact that the legal regulation of labor relations was mainly limited to the issuance of orders by the prince. It has been established that there were no significant changes in the legal regulation of labor relations after the disintegration of Kievan Rus: there were employees in the civil service, who carried out their activities on a contractual basis, and centralized regulation was carried out by the princes of the respective lands.
 The author has revealed the content of a number of normative and legal acts of the Russian Empire, the norms of which were aimed at regulating labor legal relations. It has been found out that the period of 1861-1917 was characterized by active rule-making activities of the state to regulate labor relations, the adoption of a large number of laws and regulatory acts that were designed to regulate labor relations. It has been emphasized that an important achievement of that period was the expansion of the rights of authorized entities in regard to local rule-making activity. It has been stated that the first legislative foundations were laid at that time in order to implement local legal regulation of labor legal relations.

TYPES OF LOCAL LEGAL PRINCIPLES OCCUPATIONAL HEALTH AND SAFETY REGULATION

Local regulation of labor protection is carried out at each enterprise, organization or institution separately. As a result, the subjects of local rule-making have their own ideas about the quality of local regulations, how to draw up such an act and how to teach local law. At the same time, approaches to local regulation of labor protection may differ even within a large enterprise, and even more so at the regional or national level during the creation of collective agreements. The quality and efficiency of local regulation of labor protection depends on the number of accidents at the entrepreneur, safety for members of the workforce and the general population. At the same time, the formation of local regulations can be influenced by completely subjective factors regarding the style of speech, as well as the presence of deep professional knowledge on the topic of labor protection. It is clear that chaos in the understanding of local legal regulation of labor protection increases the likelihood of negative consequences. Today, the legislative definition of uniform requirements for local regulation procedures and the content of local labor protection acts is not provided, and therefore it is important to establish and disseminate among the subjects of local regulation common and easy to understand principles of local labor protection regulation. The article analyzes the practices and legislation on local regulation and establishes which principles apply to labor protection. It is important to derive a classification of such principles, as it will simplify their organization, illustrate the connection and place in legal regulation, interaction with centralized regulation, as well as emphasize the autonomy of local regulation of labor protection. The analysis of the content of the principles of local legal regulation of labor protection provided an opportunity to determine their essence, features of implementation, to clarify their procedural or material nature and systemic action. It is concluded that the principles of local legal regulation of labor protection are all interdependent and non-compliance with at least one of them will lead to the illegality of the local legal act. It is established that the principles combine both legal requirements and requirements of organizational, technical and economic nature. The problem is to convey the content of such principles to the subjects of local rule-making, as many of them do not have special professional knowledge. In addition, it is necessary to create more effective mechanisms for control and monitoring of compliance with the principles during the development and implementation of local regulations on labor protection.

PRINCIPLES OF CASH SUPPLY FOR MILITARY SERVANTS

The goal of the article is to formulate an urgent scientific thought regarding the system of modern principles of financial support for military personnel in Ukraine. It is substantiated that the ideological basis of the principles system under study is laid by general legal principles, namely, the principles of the rule of law, human-centrism, justice and legal equality, legality. Among the principles of financial support for military personnel, a special place is also occupied by the sectoral principles of labor law of Ukraine, mainly: the principle of unity and differentiation of military personnel financial support legal regulation; the principle of a moderate combination of the financial security centralized and local legal regulation; the principle of ensuring the protection of the serviceman’s rights to financial security. The group of special principles of financial support for servicemen is the principle of a guaranteed payment of decent financial support for servicemen; the principle of the influence of the soldier’s performance and the conditions of his service on the amount of financial support; the principle of servicemen material interest in financial support; the principle of simplicity (accessibility) at understanding the systems for forming the amount of financial support for military personnel; the principle of the relative inalienability of the servicemen’s right to financial provision. The conclusions of the article summarize the results of the research.