National Legal Regulations Research Articles

Polskie doświadczenia w kształtowaniu po 1989 roku demokratycznej polityki narodowościowej

The aim of this article is not to analyse the shaping of Polish national policy after 1989, that is, after the collapse of the communist system. The author focuses on its fundamental determinants, that is, factors accelerating or blocking the changes made. The subject of the considerations is government institutions, international and national legal regulations, the role of important politicians and the dynamics of changes still taking place among national and ethnic minorities.

New Topsoil Sampler for the Assessment and Monitoring of Forest Soil Contamination

The forest litter and underlying mineral topsoil are typically sampled and analyzed separately although they are in a dynamic balance, which ensures macro- and microelement cycling in the forest ecosystem, including the flux and accumulation of xenobiotics in the contaminated sites. Although the national legal regulations specify single limits of element concentration for the entire “topsoil” layer, irrespectively of the kind of materials resting at the earth surface down to the specified depth, the direct analysis of bicomponent forest topsoil (litter + mineral topsoil) was problematic because of the lack of a suitable sampler. The paper presents a comparative analysis of Cu, Pb, and Zn concentrations in the forest topsoil layers (0–25 cm), sampled using a new construction sampler invented for a joint collection of the litter layer and underlying mineral layer (to the specified depth). Litter samples (using a steel frame), mineral topsoil samples (0–25 cm, using gouge auger after litter removal), and mixed topsoil samples (0–25 cm, including litter) were collected in 16 replicates from four variably contaminated plots (copper mining and smelting area) afforested with poplar or pine. Pseudo-total concentration of Cu, Pb, and Zn was analyzed after sample digestion in aqua regia. The concentration of elements in the samples consisting of jointly collected litter and mineral layer was noticeably higher than in the samples consisting of the mineral topsoil only, which confirmed the effective inclusion of the litter. The concentrations of trace elements measured in the samples of jointly collected litter and mineral topsoil did not differ (NIR Fisher test at p < 0.05) from the concentrations calculated using the data for litter and mineral soil separately collected and analyzed, which confirmed the usefulness of the new sampler for reliable collection of the forest topsoil samples without skipping any material which may influence the results of soil contamination assessment and risk assessment.

Potential benefit in information providing and influence on patient anxiety and satisfaction by means of preoperative explanatory videos in total extraperitoneal inguinal hernioplasty: study protocol of a multicentre, double-blinded, randomised parallel-group controlled trial

IntroductionThe use of electronic media in informed consent giving has become increasingly important in recent years. Due to the easy access to information via electronical media, patients are primed in...

PROBLEMS OF COURT CONSIDERATION OF CASES OF DEPRIVATION OF PARENTAL RIGHTS

The articles define and analyze the international and national legal regulations that should be applied by the courts of Ukraine in resolving disputes involving the involvement of family legal relations on the invitation of parental rights. It is proposed to define the deprivation of parental rights as an institution of family law, which provides for judicial protection of the rights and interests of the child and the degree of family liability of parents (amplifiers) who do not participate in all individual parental communities imposed by the Family Code and other legislation in the form of exceptional comprehensive measures to influence the perpetrators. The grounds for deprivation of parental rights, which are presented in Part 1 of Art. 164 of the Criminal Code of Ukraine, and it is stated that this list is exhaustive, he wants to use evaluative concepts – “important reasons”, “evade”, “cruel”, which must be assessed by the court. However, no other circumstances, such as immoral behavior of the mother or father, or abuse of rights, or others, can lead to deprivation of parental rights. One of the proposed grounds is enough to welcome parental rights, wanting the practical possibilities of combining several grounds. If prior notification of parental rights is proposed on several grounds, they should be reviewed and substantiated in the decision of each of them. Assessment that currently there are no available textbooks for the allocation of family liability as an independent type of legal liability, in fact, there are no legal sanctions that are not protected from administrative, criminal, civil liability. Therefore, parents in the release of their parental rights are administrative, criminal, civil liability. It is proposed to supplement the Central Committee of Ukraine with Article 1183-1 in the wording that provides for the cooperation of parents to reimburse the school, to provide for the child, because they were invited by parental law, when their actions were expressed in use of their child-rearing needs, a child, in work with children, forced to beg and wander, when convicted of a general criminal offense against a child, as well as in other cases where schools have been established.

Conceptual foundations of legal support for engineering in Arctic studies of climatic changes

The article is devoted to the problems of the development of the Arctic as a territory of international cooperation, taking into account the national interests of individual states. The specificity of geopolitical, social, economic, and climatic conditions determines the need to develop conceptual foundations of legal support for the implementation of environmental engineering processes at the development of the Arctic and research on climatic changes of the region. The article analyzes the main strategic and legal documents regulating the implementation activities in relation to the technical and technological support in the question of the development of the Arctic territories and the preservation of climatic stability. The options for creating an adequate system of convergence of national and international legal regulation in the field of determining anthropogenic pollutants and fixing key indicators of the state of the Arctic environment are detailized and characterized. The scientific substantiation of the causes and consequences of climate change in the Arctic ecological systems is given. The advantages of scientific research with the use of modern engineering and digitalization methods, as well as the usage of information and communication technologies for the prompt exchange of environmentally significant information, are revealed. It is noted that thе most topical issues, the national strategies for the development of the Arctic zones of the Russian Federation, Denmark, Norway, and Canada are of a similar nature. They have common approaches to the preservation of vulnerable Arctic ecological systems and the conceptual foundations of legal support for engineering in Arctic scientific research in the field of climate change and conservation.

SELECTED ASPECTS OF MILITARY LOGISTIC SUPPORT TO PUBLIC ADMINISTRATION IN ELIMINATING THE EFFECTS OF CRISIS SITUATIONS

In part I, the article presents the characteristics of non-military crisis situations, including natural threats and technical failures, terrorist threats, hybrid activities and disturbance of public order. The specified crisis situations imply specific actions of the public administration, which carries out its mission on the basis of national and international legal regulations. However, the forces and resources of the civil administration are not always able to provide assistance to all victims of crisis situations, in accordance with the applicable procedures. The implementation of procedures for providing aid and liquidating the effects of crisis situations requires specific, logistically prepared forces and resources. The legal regulations introduced on the basis of experience, including Poland's membership in NATO, enable the use of military forces to provide logistical support to the administration in crisis situations, under the so-called crisis logistics. Hence, the second part of the article presents the legal basis for the use of the Armed Forces in the logistic support of the civil administration, with particular emphasis on engineering troops and their support components, prepared for the liquidation of the consequences of crisis situations.

Selected aspects of military logistics support to public administration in eliminating the effects of crisis situations. Possibilities of Using Engineering Troops in Crisis Situations

Part I presented the characteristics of non-military crisis situations, including natural threats and technical failures, terrorist threats, hybrid activities and disturbance of public order. The specified crisis situations imply specific actions of the public administration, which carries out its mission on the basis of national and international legal regulations. However, the forces and resources of the civil administration are not always able to provide assistance to all victims of crisis situations, in accordance with the applicable procedures. The implementation of procedures for providing aid and liquidating the effects of crisis situations requires specific, logistically prepared forces and resources. The legal regulations introduced on the basis of experience make it possible to use military forces to provide logistical support to the administration in crisis situations. Hence, in the second part of the article, the authors focused on presenting and familiarizing the reader with the possibility of using the Armed Forces in logistic support of civil administration, with particular emphasis on engineering troops and their support components, prepared to eliminate the effects of crisis situations.

Формирование дискурсов уголовно-правового обеспечения национальной безопасности России

he article attempts to formulate the criminal law component of the problem of support national security, based on the National Security Strategy approved by the Decree of the President of the Russian Federation in 2021. The authors consider the formation of the national security domestic paradigm, highlight the stages of creating a system of national security legal regulation in the Russian Federation, and assess the effectiveness of such regulation. It is concluded that the negative consequences of the reforms carried out in Russia partly themselves pose a threat to its national security. The article studies the formation of the state criminal law policy; the development of criminal law measures against terrorism, extremism, economic crime and corruption; countering the malicious use of artificial intelligence and robotics as priority areas of countering threats to national security by criminal legal means. The formation of an effective criminal legal framework for countering economic crime and corruption is associated with the development of the modern criminal and criminal-legal policy concept. The changes in Russian legislation aimed at ensuring national security through the tightening a number of the Criminal Code norms in relation to terrorist and extremist crimes after the coup d’état in Ukraine in 2014 are illustrative. The risks of malicious use of artificial intelligence require a proactive reaction of the domestic legislator. Analyzing the sphere of development of the economic foundations of the state and society, it is necessary to focus on the conditions of fierce competition from foreign goods, works and services. At the same time, it is impossible not to take into account the fact that competition is often associated not only with scientific and technological advantages, but also with various kinds of abuses on the part of legal entities, which brings the authors back to the discussion on the introduction of the institution of legal entities criminal liability in the Russian Federation.

Correlation of branches of law in environmental and legal support of the development of the Arctic region

The purpose of the study is to analyze individual independent branches of law included in environmental law and their variability in determining special approaches to the development of the Arctic in modern geopolitical conditions. The methodological basis of the research includes the general scientific method and special methods of cognition, such as comparative legal, environmental legal, statistical and empirical. The results of the study are the conclusions from the analysis of the main program and legal documents regulating the development and development of the territories of the Arctic states. Moreover, the attempts to create an adequate system of convergence of national and international legal regulation in order to determine the modern legal regime of the Arctic are discussed herein. The study of international and domestic experience has shown the need for a correlation of individual branches of law (international, administrative, criminal, informational) with the environmental law to provide comprehensive environmental and legal support for the development of the Arctic region. The authors also draw attention to the fact that environmental and legal problems of the development of the Arctic region require a systematic approach. The novelty of the study lies in the conclusion that, despite the fact that each state of the Arctic region has a national strategy for the development of its Arctic territory, on most topical issues these strategies are of a similar nature and have common approaches: scientifically based methods of managing the natural resources of the Arctic region; special methods of socio-economic development; preservation of vulnerable Arctic ecological systems and scientific activities in the field of climate change.

Insurance law in Poland

In recent years Polish insurance law has undergone a series of rapid changes. The key driving force behind these changes has been the need to adapt national legal regulations to requirements of Community law. Consumer pressure has also been a powerful influence, as a result of which insurance services are gradually becoming more customer-friendly. Polish laws on insurance contracts have been developing primarily in the following directions: strengthening the position of insurance service customers, creating dedicated regulations for group insurance, extending the scope of compulsory insurance, ensuring full compensation for traffic accident damages, and regulation of insurance distribution business (including insurance intermediaries). This article discusses basic issues of insurance law under the Polish legal system and general trends in its development, especially as regards adapting national regulations to requirements of European Union, the strengthening of the position of the customers buying insurance services, creation of regulations dedicated for group insurance, and extending the scope of compulsory insurance and ensuring full compensation for traffic accident damages. In particular, the article addresses issues of insurance contracts, protection of clients of insurance services (favoring customers concluding and delivery of insurance contracts), compulsory insurance, insurance concluded on behalf of a third party, group insurance, and new rules of insurance distribution in European and Polish law. The article indicates the main legislative acts of the Polish insurance law and the most important decisions and resolutions of the Polish Supreme Court.

PROBLEMATIC ASPECTS OF LITHUANIAN LEGAL REGULATION OF IMPEACHMENT PROCEDURE TO A MEMBER OF LOCAL MUNICIPAL COUNCIL

Although members and mayors of municipal councils are not included in the list of persons who may be subject of Impeachment proceedings under the Constitution, a peculiar variant of the institute of Impeachment is the procedure of premature loss of authority of a mayor or a member of the local municipal council, which is established in Article 25 (1) of the Law on Local Self‐ Government of the Republic of Lithuania. In a democratic system it is vitally important that every local politician who takes an oath takes full responsibility, regardless of whether he works in the majority or minority of the municipal council and/or to which political force he belongs. The problematic aspect is that it is very complicated to initiate the impeachment proceedings on a politician who belongs to the majority and has broken the oath, and there are almost no practical possibilities to complete it as such possibilities remain only theoretical and very poorly feasible. The main tasks of the research is to determine practical and theoretical possibilities to initiate Impeachment proceedings against politiciansin the majority;to revealthe essential problematic aspects of legal regulation of Impeachment procedure to a member (or a mayor) of municipal council and to draw some solutions related to these questions analysed for Lithuanian legislator in order to improve national legal regulation. The research was carried out by employing logical, comparative, system analysis, monitoring, linguistic, empirical, synthesis and generalization methods.

Zadužbine u evropskom pravu - stanje i perspektive

Throughout history, endowment, although with the same content, has developed differently in European countries in terms of law. The national legal regulations of the countries in this area define the basic elements, legal status and functioning of legal entities established in the spirit of endowment differently. The idea of the European Union as a market characterized by the free flow of people and capital inevitably led to the emergence of a very complex set of rules that apply to the member states of this union. The inclusion of endowments in the single market and the growing number of those characterized by internationally useful goals often lead to insurmountable problems in the operations of endowments outside national borders due to national legislations of EU countries not being synchronized, regardless of the general aim to create a single space without any barriers to the flow of people, services and capital. This is the starting point used to examine the subject of this paper - the need to regulate and resolve situations in the functioning of endowments and foundations in Europe: by creating special rules at the EU level and equalizing or harmonizing rules relating to these non-profit organizations. The subject of the research was chosen because of the importance of the topic in the process of developing private EU law in the non-profit sector. The aim of this paper is to analyze the legal regulations related to endowments and foundations in the national legislations of the EU member states comparatively in terms of law, but also to analyze the proposals for creating uniform legal rules.

Correlation of the International and National Institutional and Legal Regulations of Applying Some Aspects of Technical Barriers in Practices of Ukraine and the European Union

Summary This study contains the attempt of the comprehensive approach to issues of the correlation of concepts, provisions and obligations of States and their associations with respect to technical barriers to trade (in particular, technical regulations, standardization, certification, and accreditation, conformity assessment procedures and market surveillance systems) enshrined in international world treaties (in particular, the Agreement on Technical Barriers to Trade (TBT), which is binding for Member-States in the system of the WTO treaties) and regional multilateral and bilateral treaties (for example, the Association Agreement between Ukraine, from one part, and the European Union, European Atomic Energy Community, and their Member-States, from the other part, dd. June 27, 2014). The particular attention is paid to the national, including unified (or that being in the process of unification/adaptation), institutional and legal provision in this area, most notably in Ukraine and the European Union (first of all, the Regulation of the European Parliament and of the Council No. 765/2008/EC and Decision of the European Parliament and of the Council No. 768/2008/EC of 9 July 2008). The performance by Ukraine at the domestic/national level of its international obligations in accordance with the Association Agreement 2014 has been separately considered in terms of technical regulations and standardization, accreditation, conformity assessment procedures and market surveillance systems and their implementation (adaptation, entrenchment) in relevant regulatory legal, and organizational and institutional forms.

The Debate about Soviet Genocide in Lithuania in the Case Law of The European Court of Human Rights

Abstract Since 1990 Lithuania has been claiming that what happened there during Soviet occupation is genocide, as per the 1948 Genocide Convention, which embodies universal justice for suppressed nations and other groups. Due to Soviet actions in Lithuania throughout the periods of 1940-1941 and 1944-1990, the country lost almost one fifth of its population. The application of Lithuanian national legal regulations regarding this issue has been recently discussed in the framework of another postwar international legal instrument – the European Convention of Human Rights (1950). The goal of this article is to examine the main debates, which were revealed by the European Court of Human Rights in the cases of Vasiliauskas v. Lithuania (2015) and Drėlingas v. Lithuania (2019), regarding the killings of Lithuanian partisans, including the recognition of the significance of partisans for the Lithuanian nation, the foreseeability of genocide “in part,” as well as the punishment for complicity in killing Lithuanian partisans.

CONDITIONS FOR THE DEVELOPMENT OF THE POLISH NAVY DURING THE PERIOD OF MARITIME POWERS RIVALRY

The 21st century rivalry of the maritime powers took the form of substitute activities. These are military incidents, control, or seizure of a shipping entity, and activities that threaten shipping itself. This determines the state of maritime security of Poland, because the Baltic has become one of the areas of its conduct. The adopted form of importing energy carriers along with the forming an alliance with the US construction of the alliance with the USA creates the possibility of taking hostile actions against it. It is necessary to adapt the form of operation of the Polish Navy to these threats. Based on the analysis of international, and national legal regulations, strategic documents of maritime powers, and applied forms of maritime activity, the scope of changes in Polish maritime policy was determined. Modifications of the definition of terms maritime piracy and unlawful assault at sea in Polish legal regulations were considered necessary, they should also include activities of maritime terrorism, subversion and sabotage of offshore facilities and installations, as well as ships operating. The principle of linking defense tasks against the sea attack, and maintaining navigation continuity was proposed as an element determining the construction method of the Polish Navy and the scope of combat training. On this basis, its combat potential and scope of training were determined. It should cover four areas (preparation for defense operations, combating nontraditional risks, how to respond to provocative, and criminal activities).

Legal and environmental factors hindering the development of scientific and technical cooperation in SCO countries

The present work is devoted to the analysis of problems in development of international scientific and technical cooperation between the Shanghai Cooperation Organization member-states. Among the main factors that determine the development of scientific and technological sphere, the most important are legal factors, the detailed analysis of which is presented for each member state of Shanghai Cooperation Organization. The study of legal factors hindering the development of scientific and technological cooperation is based on the peculiarities of national legal regulation of scientific and innovation activity and the shortcomings of international agreements within the SCO. The authors identify both internal and external legal factors that influence the development of international scientific and technological collaboration. The authors consider the state of legal regulation of national science and technology policy and the legal status of organizations involved in the development of science as internal legal factors. External legal factors include the existence of bilateral treaties between the countries of the Shanghai Cooperation Organization regulating scientific and technological cooperation, as well as the content of multilateral treaties on scientific and technological cooperation between all member states of the Shanghai Cooperation Organization. Based on the results of the study, the authors conclude that it is necessary to harmonize the national legislation of the Shanghai Cooperation Organization countries on the issues of legal regulation of scientific and technological cooperation, as well as to consolidate at the international level the legal mechanisms for implementation of certain aspects of cooperation in the scientific and technological fields.

Przetwarzanie i ochrona danych dotyczących zdrowia przez organizatora systemu opieki zdrowotnej

The protection of individuals regarding to the processing of personal data is one of the fundamental rights. The General Data Protection Regulation (GDPR) lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data. Data concerning health is one of the areas the GDPR defines as special personal data, the so-called sensitive data. With regard to these data, the GDPR allows their processing only on an exceptional basis, in certain situations. According to Art. 6 sec. 1 let. e GDPR and art. 9 sec. 2 let. b GDPR, data processing is allowed, inter alia, when such processing is necessary for the purposes of meeting the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law. In turn, Art. 9 sec. 2 let. h GDPR permits the processing of health data that is necessary for the purposes of providing health or social care or treatment, or for managing health or social care systems and services on the basis of European Union or Member State law. The article discusses the national legal regulations regarding the collection and processing of personal data concerning health in the light of the organization of the health care system and the tasks of the National Health Fund (NFZ) as a placeholder, whose task is only to manage financial resources and conclude health care contracts on its own behalf with independent healthcare providers and their accounting. Against the background of the GDPR, the author discusses the provisions of the acts on health care services financed from public funds and on the information system in health care. Finally, specific regulation regarding the COVID-19 pandemic are presented.

Current State and Prospects of Legal Support for Public Procurement in Ukraine: Monitoring of Compliance with International Agreements

In the current geopolitical and economic relations between the states, in particular the relations with the participation of Ukraine, the availability of an effective and efficient mechanism for the implementation of government procurement becomes important, which is also guaranteed by international and national legal regulation. The purpose of the study is to characterize the System of national legal regulation of public procurement of Ukraine, to determine the features of the impact of international law on the Ukrainian procurement system, as well as ways to improve it. The results showed that the legal regulation of government procurement on the territory of Ukraine is undergoing significant changes, in connection with the harmonisation of legislation to international (worldwide and regional) standards, this stipulates the adoption of a large number of regulatory acts. The study proved that the majority part of the WTO GPA and Association Agreement provisions in the field of government procurement has already been implemented or is being implemented by Ukraine. Indeed, taking into account the access to the EU market obtained within the GPA framework, Ukraine has already not so many external incentives for the full compliance with the obligations to harmonize the legislation under the Association Agreement than it was expected at its signing. One cannot forget that the enhancement of Ukraine’s positions on the international stage contributes to performing its own international obligations, especially to the countries and international organizations / integrations, partners, donors and creditors.

Donor anonymity: national legal regulation and international experience

The article is devoted to the analysis of legal, medical, moral and ethical aspects of the principle of donor anonymity. The principle of anonymity has a legal framework and appropriate regulation in international documents. These are: Directive on standards of quality and safety of human organs intended for transplantation, WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation, Convention for the protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine and the Additional Protocol etc. This principle is the basis of the legislative regulation of donation in many countries, including Ukraine. The normative approaches to the legal regulation of donation and the principle of anonymity in accordance with national legislation are investigated. The Law of Ukraine "On the Application of Transplantation of Anatomical Materials to Man" bylaws and the application of the principle of anonymity depending on the type of donation: posthumous and lifetime are analyzed. The international experience of applying the principle of anonymity is characterized. The principle of absolute anonymity is enshrined, in particular, in the legislation of the Netherlands, Sweden. Accordingly, such regulatory approaches exclude any contact between the donor and the recipient. According to the principle of conditional anonymity (in particular, the United States and the United Kingdom), the exchange of information between the donor and the recipient is permitted, surely at the will. The advantages and disadvantages of direct communication between the donor and the recipient are described. The expediency of applying the principle of conditional anonymity in national practice is substantiated regarding moral, ethical, and psychological aspects. In order to implement this, it is proposed to consolidate the right of the donor and the recipient to approve or deny the data exchange at the legislative level. It is suggested to assign the appropriate functions aimed at facilitating the parties' interaction to the transplant coordinator.

FOOD SAFETY OF GENETICALLY MODIFIED ORGANISM ACCORDING TO INTERNATIONAL LAW AND ITS IMPLEMENTATION IN INDONESIA

Modern biotechnology products have provided considerable benefits for improving human life and well-being, both in the agriculture, food, industry and human health sectors, as well as in the environmental field. But there are concerns that modern biotechnology products, in addition to providing benefits, also have risks that have adverse impacts on the conservation and sustainable use of biodiversity and human health. Therefore, steps need to be taken, both legally, administratively, and technology to ensure the level of biological safety.This study aims to explain and analyze the safety of Genetically Modified Organism or GMO according to international law and their implementation in Indonesia. The problem approach used in this research is normative law (library research). The data used are secondary data obtained from international, national legal regulations and literature data related to material that supports discussion of the problem. Analysis of the data used is descriptive qualitative.The results of research on food safety of Genetically Modified Organism or GMO according to international law, are regulations on food safety of genetically engineered products regulated in the Convention on Biological Diversity and the Cartagena Protocol on Biosafety. The laws and regulations governing GMO food in Indonesia are good enough because they have carried out the mandate and did not deviate from the biodiversity convention and Cartagena protocol by passing legislation regulations from the legal level to the decision level of the head of BPOM. It’s just that for rules regarding GMO food that is sold in retail, or that is not in the form of packaging, there is still no technical rules that can answer the problems in the field.