Primary Legislation Research Articles

Counteraction to customs offenses in the international and Ukrainian regulatory framework

The article analyzes international legislation in the field of counteraction to customs offenses. Attention is paid to the consideration of the activities of international institutions that have formed a layer of regulatory and legal support for the customs sphere, in particular, the World Trade Organization, the World Customs Organization. The peculiarities of customs deviances in the context of the International Convention on Mutual Administrative Assistance in the Treatment, Investigation and Termination of Violations of Customs Legislation have been determined. It was clarified that in accordance with the norms of the Johannesburg Convention, special measures of interaction and counteraction to customs offenses are used: supervision, controlled delivery, involvement of experts and witnesses, joint control and investigation teams and others. The normative and legal aspects of stimulation of subjects of foreign economic activity not to violate customs rules through granting the status of authorized economic operators are analyzed. The legal basis for the work of the mechanism for combating customs offenses in the EU, in particular in the context of primary and secondary EU legislation, is investigated. It is established that the harmonization of international customs legislation and Ukraine is carried out in two main vectors: in accordance with the basic norms of international law and in accordance with the regulations and standards of regulation of the EU.

Zasady etyki zawodowej pracowników instytucji unijnych na przykładzie członków Komisji Europejskiej

The major goal and contribution of this paper are to provide an in-depth analysis of the current regulations concerning the ethics of public employees, with a particular emphasis on the members of the European Commission. The primary and secondary legislation was analyzed, together with soft law documents. Public administration employees, whether no matter if working in a domestic or European unit, must follow certain standards. Those standards should be regulated by e.g., codes of ethics which apply to employees of public or European administration. The development of legislation regarding codes of ethics for members of the European Commission lasts now for over a decade, while most changes and developments were made after 2018.

Overcoming Regulatory Failure in the Design and Implementation of Gas Flaring Policies: The Potential and Promise of an Energy Justice Approach

Gas flaring is a major source of air pollution and a chief contributor to climate change. Addressing the adverse social, environmental, and economic impacts of gas flaring has therefore been identified as a fundamental objective of energy policy in oil- and gas-producing countries across the world. Despite this recognition however, gas flaring remains a significant threat to energy justice worldwide, especially in resource-rich Middle Eastern and African (MEA) countries. In Nigeria, for example, as far back as 1979, the primary legislation fixed 1 January 1984 as the deadline for all energy operators to stop gas flaring. More than three decades later, Nigeria remains one of the highest gas flaring countries on earth, with significant adverse social, environmental, and human rights impacts on local communities. While a number of existing studies have documented the perennial failure of gas flaring regulation and policies in Nigeria and other MEA countries, a detailed examination of the energy justice gaps that limit the design and implementation of gas flaring reduction policies has remained absent. This article fills a gap in this regard. Drawing lessons from Nigeria, this article analyzes the energy justice dimensions of regulatory failure in the design and implementation of gas flaring policies. Various legal and institutional drivers of regulatory failures in gas flaring reduction policies are examined in order to identify the ways in which an energy justice governance framework can help close these gaps. The study suggests that conceptualizing and elaborating the energy justice dimensions of gas flaring in energy policy design, enacting stringent and coherent gas flaring legislation, promoting the transparent reporting and disclosure of statistical data on gas flaring reduction programs, and reforming regulatory institutions to ensure coherent implementation of gas flaring policies are significant steps towards overcoming regulatory failure in the design and implementation of energy policies on gas flaring reduction.

Innovative FE Analysis to Investigate the Effect of Flexural Reinforcement on the Behavior of Beams

Legal challenges to child education create barriers to assisting abused children and their families. The purpose of this study was to describe legal challenges to child education. A qualitative study was conducted to explore the legal challenges. Individual interviews with about 20 people. Grounded theory methodology was used to develop categorical themes that reflected experiences and challenges. Three themes emerged from the data: legal challenges create complex dilemmas for education rights. Also, it has a common denominator with the legislative decree. The Islamic Shariah has taken great care of human life, particularly children. The Shariah system has introduced many legislations that preserve children’s rights, including their right to education, reform and education. Thus, this study is faced with a considerable amount of primary legislation in the child’s life to preserve it and its development, and from this I chose to address it (the rights of the child in education and education in the legal and legal perspective. It focused on the essential legislative dimensions that preserve children’s rights to education and read the following international law

Review the Legal Perspective of The Child’s Education Rights Based on the International Law

Legal challenges to child education create barriers to assisting abused children and their families. The purpose of this study was to describe legal challenges to child education. A qualitative study was conducted to explore the legal challenges. Individual interviews with about 20 people. Grounded theory methodology was used to develop categorical themes that reflected experiences and challenges. Three themes emerged from the data: legal challenges create complex dilemmas for education rights. Also, it has a common denominator with the legislative decree. The Islamic Shariah has taken great care of human life, particularly children. The Shariah system has introduced many legislations that preserve children’s rights, including their right to education, reform and education. Thus, this study is faced with a considerable amount of primary legislation in the child’s life to preserve it and its development, and from this I chose to address it (the rights of the child in education and education in the legal and legal perspective. It focused on the essential legislative dimensions that preserve children’s rights to education and read the following international law

Political and Legal Conditions of Marketing Activity of Businesses in the European Market

Abstract The article tackles the political and legal environment within the borders of the European Union (EU) member states. Determinants of the political and legal environment of the European market were identified on two levels: (1) the framework, i.e. supranational European political and legal conditions; (2) the classical political and legal environment of the EU member states. Afterwards, an analysis of individual factors of the political and legal environment in the aforementioned levels was performed. Four legal areas in the EU states were demonstrated: Roman, Anglo-Saxon, Germanic and mixed; three jurisdictional systems were identified: case law, continental and Scandinavian law; and the legal framework of the Union was found to consist of primary legislation, secondary legislation and adjudications of the Court of Justice of the EU. The problem of excessive duration of the administrative procedures, untimeliness and incomplete transposition of directives into the national law of the member states was discussed. It was also brought to attention that the diversity of laws and taxes is still a significant barrier to foreign operations of businesses in the EU internal market. It was also indicated that the integration of European law enables economic entities to perform marketing activities in the European market in the form of a representative office or a foreign branch without legal entity. Finally, it was stated that the factors of the political and legal environment are significantly unified in the supranational environment, while in the classical environment, there are some differences among the EU countries, but they allow for the use of unified marketing concepts, e.g. the concept of euromarketing.

Pravo oca na roditeljski i očinski dopust u zemljama EU

Equality between men and women in the exercise of rights is one of the fundamental principles of the European Union, which is enshrined in the acts of primary legislation and in secondary legislation. However, the directive did not ensure full equality of fathers and mothers with regard to reconciling professional and family obligations, which was the reason for the adoption of the new Directive 2019/1158, which contains provisions aimed at striking a balance between work and family obligations, and which was adopted on 20 June 2019. This Directive repeals Council Directive 2010/18/ EU, that is, Member States have a period of time to comply with the new Directive within three years of its entry into force. In addition to the importance of involving the father in childcare at a young age, the paper also points to EU legal acts that regulate the reconciliation of fathers’ professional and family responsibilities. In addition, an overview of available data on the use of childcare leave by fathers is provided. The paper pays particular attention to existing solutions at EU level for the use of parental and paternity leave, comparing them to those contained in the new Directive 2019/1158.

EU external energy policy: the case of Azerbaijan

The article’s aim is to identify the features of EU external energy policy. The author analyses the evolution of EU energy policy and ongoing energy transition, using the primary and secondary legislation and scientific literature. Particular attention is paid to the European Green Deal, which affects EU energy relations with third countries. Azerbaijan was chosen as the case of analysis, because this country is the one of important suppliers of the natural gas to the European Union. The author concludes that the Europeanisation of Azerbaijan through mechanisms of conditionality and externalisation is beneficial to both the EU and Azerbaijan, and this, in turn, will push Azerbaijan to follow the European Green Deal.

The premises for determining the political course of the Republic of Moldova toward the establishment of the rule of law state

The Republic of Moldova has had various periods since the proclamation of independence: accession to the main international bodies, promotion of policy toward the West, closer cooperation with partners toward the East, etc. All these ‘ideas’ of development, they largely depended on the will of politics, either on their own initiative or with the support of the citizens who offered them this possibility by exercising their constitutional right – the right to vote. Therefore, in the content of the research we propose as an essential requirement to analyze the main stages of state development by analyzing the political course of the Republic of Moldova toward the establishment of the rule of law. In the process of writing the scientific article, we have been guided by several and various methods of scientific research, which have made it possible to properly investigate the subject, among which we can list: the method of analysis, the synthesis method, the method of deduction, the systemic method, the historical method, as well as the comparative method. The theoretical-legal basis of the scientific approach includes the relevant primary legislation and the specialized literature, both local and foreign - which directly or indirectly addresses the essence and generic content of the topic under analysis.

PENENTUAN JENIS PRODUK HUKUM DALAM PELAKSANAAN PUTUSAN MAHKAMAH AGUNG TENTANG HAK UJI MATERIL (Kajian Terhadap Tindak Lanjut Putusan Mahkamah Agung 28 P/HUM/2018)

<p><em>This study examines the problem of determining the type of legal product from the implementation of the judicial review decision, as in Supreme Court Decision 28 P/HUM/2018. The research method used is normative research, with a statutory and conceptual approach. The results of the discussion are, firstly, there are dissimilarities in forming bodies and types of legal products in the object of testing and implementing decisions. The types of legal products tested are classified as primary legislation that is compiled involving 2 powers (DPRD and the Regent), while the follow-up uses legal products that are classified as subordinate legislation that is formed solely by the Regent. Second, the Regent's Regulation that follows up has no validity, because the Regent is not authorized to independently formulate general and local norms, which do not have a juridical basis in national regulations. The follow-up must use a level product, namely Regional Regulations.</em></p>

Legislative inflation in Poland: bird’s eye view on three decades after the the1989 breakthrough

ABSTRACT The phenomenon called legislative inflation is extensively used in public debate across jurisdictions – including new democracies attempting to overcome communist legal heritage. Typically, the phrase refers to the quantitative aspect – growth in the number, volume and frequency of amendments of primary and secondary legislation exceeding the natural demands of the technological progress and growing complexity of business relations. This paper attempts to provide a bird’s eye view of legislative inflation in Poland after the 1989 democratic breakthrough. As Poland is an example of successful democratic and market transition of the nineties, substantial redrafting of the legal framework during EU accession and populist right-wing governance, the results seem relevant beyond the domestic context. Documented patterns suggest that the search for driving forces behind the legislative inflation should shift from the parliament towards cabinet ministers and the bureaucratic apparatus under their supervision, the pace of legal text production justifies the search for a theoretical conceptualisation of how the law could govern societies unwilling and unable to familiarise themselves with its flow and to examine the impact of legal text production on society and the economy it seems useful to shift from the data on the text itself towards its actual impact.

UK PERSPECTIVE ON DEVELOPING REGULATIONS FOR AUTONOMOUS SHIPS

The scope of this paper is the development of regulation for remotely operated and autonomous ships. From a UK perspective, it discusses an enquiry into the United Nations Conventions for the Law of the Sea and the impact of autonomy. It explores the outcome of the International Maritime Organisation’s Regulatory Scoping Exercises on Maritime Autonomous Surface Ships and the next steps. The paper shares the regulatory developments at the different UK domestic legislative levels. The Future of Transport consultation is discussed, which includes potential new definitions for use in primary legislation. The Workboat Code is being updated to include emerging technologies, the paper touches on the methodology used to support the inclusion of remotely operated unmanned vessels as a new Annex. Finally, the current approach for managing the certification of remote operated and autonomous ships is discussed.

Constitutional right of cardiovascular patients to health care: legal regulation and guarantees of implementation

Aim. To identify the most significant aspects and features of the right of cardiovascular patients to health care, as well as to assess its guarantee and characterize most common legal precedents with violations.Material and methods. In preparing the article, documents of international law, Constitution of the Russian Federation, primary and secondary federal legislation in Russia, as well as judicial practice materials were used. For their analysis, dialectical, system structural, technical legal, comparative legal research methods were used.Results. We established that in the Russian Federation there is a very extensive legal framework for regulating the right to health protection and health care. At the same time, the relevant legal acts establish both general (addressed to all individuals) and special (relevant only to cardiovascular patients) guarantees for cardiovascular health care. The scope and content of the legal regulation of guarantees of the right to cardiology healthcare should be generally considered sufficient for the protection of this right. However, judicial practice testifies to the facts of violation of the personal rights in the cardiac care provision.Conclusion. The most resonant and often reported violations of personal right to health protection in a cardiology are the ones of persons with acute coronary syndrome because of their very dangerous consequences.

Taking back control? Rule by law(s) and the executive in the post-Brexit world

Abstract This article argues that the current reassertion of parliamentary sovereignty is, in fact, the reassertion of the control of the executive (Whitehall), to the detriment of genuine control by parliament (Westminster). Parliament is being used to pass Acts of Parliament to take back control from the EU, but with remarkably little scrutiny. And, in that process, those Acts are being used to authorize the delegation of significant powers to the executive, largely through ‘Henry VIII’ powers. These powers enable ministers, by secondary legislation, to amend or repeal both primary and secondary legislation. Law is being used to take back control. However, the genuine democratic checks on that law are few. The result may be that taking back control from Brussels results in decisions being made by Whitehall, decisions disconnected from, in particular, the sentiments of the devolved administrations and the still large number of people who have never accepted Brexit.

Google a prawo do bycia zapomnianym w Internecie

Development of new technologies and the emergence of the internet have made it necessary to discuss how to protect personal data online. In the European Union system, the right to personal data protection is regulated both in primary and secondary legislation. In 2016, the data protection regulation (RODO), which came into force in 2018 and it has become part of the national legal order in all European Union countries. The purpose of adopting this document was to strengthen and harmonise the protection of fundamental freedoms and right of individuals. The subject of particular interest became the right to be forgotten. The article discusses under what conditions a citizen has the right to have the data subject’s personal data deleted from Google’s search engine.

Gender-based Violence in Ghanaian Parliamentary Discourse: A Corpus-assisted Discourse Analysis

Studying gender-based violence (GBV) in country-specific parliamentary discourses can provide legislative perspectives and global understanding of the experience of GBV and the fight against it. In Ghana, for instance, men are mostly seen as the default perpetrators of GBV, even though research shows that men also suffer from GBV. Thus, using a corpusassisted discourse studies (CADS) approach, this study investigates the discursive construction of GBV in parliamentary debates in Ghana, a leading democracy in West Africa. The study uses parliamentary debates as primary data and legislation on domestic violence and other related instruments as secondary data. Through concordances and collocation, we identify and examine how GBV is constructed in the parliamentary debates and how such GBV constructions relate to the expression of domestic violence in legislation. The study shows that the discourse around GBV centres on three main issues, namely: the forms of GBV, victims and perpetrators of GBV, and the fight against it. The analysis indicates that when MPs talk about GBV, they refer predominantly to violence against women and children, including domestic violence, wife beating, sexual violence, defilement, rape, physical assault, teenage pregnancy, child prostitution, child marriage and violence against women in politics; they are silent on violence against men. The MPs think that collective activism, education, achieving gender parity and a strong legal regime that severely punishes offenders are critical antidotes to GBV.

Regulatory Quality Index: a process-oriented approach to measure the quality of primary legislation in a country

Regulatory Quality Index: a process-oriented approach to measure the quality of primary legislation in a country

Specialized Rehabilitation of Military Personnel Convicted of Narcotics Crimes: A Normative Legal Study

This study focuses on the specialized rehabilitation of military personnel who have been convicted of narcotics crimes. Its aim was to comprehend the meaning, urgency, and concept of rehabilitating individuals within the military who have been found guilty of such crimes. To achieve this aim, the methodology used is normative legal study with statutory, contextual, case-based, and comparative approaches. Furthermore, the legal sources utilized consisted of both primary and secondary legislation. The results obtained from this study showed that rehabilitation for incarcerated military personnel involved in narcotic crimes corresponds to an endeavor aimed at providing exceptional rehabilitation specifically tailored to their circumstances. It is also important to note that the urgency of rehabilitation is closely related to the vested interest of the military in continuing the rehabilitation process, aligning with the initial recommendation. The state should, hence, give careful consideration to the implementation of specialized medical and social rehabilitation programs for military personnel who have been convicted of narcotic crimes. It is of utmost importance to establish a comprehensive framework within military agencies to facilitate the execution of medical and social rehabilitation measures for military members involved in narcotics offenses, including the necessary funding. In conclusion, the imposition of specialized rehabilitation measures, in conjunction with imprisonment, is essential for military personnel that are convicted of these crimes before their reintegration into society. This approach makes the state responsible for addressing the repercussions of their actions and providing tailored rehabilitation support to prevent any lingering resentment, minimize the risk of their recruitment by adversaries of the state, and enable their potential contributions if required in the future.

Specialized Rehabilitation of Military Personnel Convicted of Narcotics Crimes: A Normative Legal Study

This study focuses on the specialized rehabilitation of military personnel who have been convicted of narcotics crimes. Its aim was to comprehend the meaning, urgency, and concept of rehabilitating individuals within the military who have been found guilty of such crimes. To achieve this aim, the methodology used is normative legal study with statutory, contextual, case-based, and comparative approaches. Furthermore, the legal sources utilized consisted of both primary and secondary legislation. The results obtained from this study showed that rehabilitation for incarcerated military personnel involved in narcotic crimes corresponds to an endeavor aimed at providing exceptional rehabilitation specifically tailored to their circumstances. It is also important to note that the urgency of rehabilitation is closely related to the vested interest of the military in continuing the rehabilitation process, aligning with the initial recommendation. The state should, hence, give careful consideration to the implementation of specialized medical and social rehabilitation programs for military personnel who have been convicted of narcotic crimes. It is of utmost importance to establish a comprehensive framework within military agencies to facilitate the execution of medical and social rehabilitation measures for military members involved in narcotics offenses, including the necessary funding. In conclusion, the imposition of specialized rehabilitation measures, in conjunction with imprisonment, is essential for military personnel that are convicted of these crimes before their reintegration into society. This approach makes the state responsible for addressing the repercussions of their actions and providing tailored rehabilitation support to prevent any lingering resentment, minimize the risk of their recruitment by adversaries of the state, and enable their potential contributions if required in the future.

Specifications of Participatory Budgeting in Visegrad Group States and Possible Implementations for Slovakia

Participatory budget is an innovative tool for public policymaking, which is characterized by the particpation of residents of territorial administrative units. In the paper, authors focus on the evaluation of the participatory budget within the Visegrad Group, which is linked by specific ties due to the special development of this geopolitical area after the political and social changes in the late 1980s. Identifying the specifics of participatory budgeting in Poland, the Czech Republic, Hungary, and Slovakia is set as the main goal of the article, specifically evaluating the pilot project model, analysing the legislative framework, which regulates participatory budgeting, and extending this tool at the local level in terms of current statistics. As for the pilot projects, the authors identified differences in the following indicators: initiator of its implementation; participation of citizens and their position and powers in project design; participation in the decision-making on projects in terms of voting; whether a direct physical vote or online form was used. In addition, the authors evaluate the legal framework of the selected states in terms of presence of the primary or secondary regulation. Finally, the quantitative development of participatory budgets is monitored, while the potential impact of the COVID-19 pandemic is also reflected in the paper. Based on the data from other states of the Visegrad Group, in the final chapter the authors present optimization proposals, which they consider applicable in Slovakia. The authors identified at least three possible ways of amending the current Slovak legislation in order to improve the implementation of the participatory budget. The paper specifies the shortcomings in the form of low citizen participation in the drafting phase and in the voting process. The paper also identifies the same bottom-up implementation process in all V4 member countries. Poland is the only V4 country that has enshrined primary legislation on participatory budgets in its legal system.