Prior Rights Research Articles

Integrated Collection and Publication of Sample Metadata in JAMSTEC: A System Maximizing Sample Values and Assisting in Sample Management

The Japan Agency for Marine-Earth Science and Technology (JAMSTEC) has collected a lot of samples (e.g., organisms, rocks, sediment cores) from the deep sea, seafloors and other extreme environments. These samples are difficult to collect again by JAMSTEC and other institutions because of their remoteness, so we thought it important to make them available to as many people as possible for a variety of purposes. JAMSTEC established the “Basic Policies on the Handling of Data and Samples” in 2007, and its data management office (DMO) has operated a centralized management and publication of metadata for almost all samples collected during research cruises (Tsuboi et al. 2014). While researchers who collected samples retain priority rights of use, publishing the metadata opens the door for third parties to apply for sample usage. To properly manage and publish those metadata of the samples, DMO has constructed and operates databases, including the JAMSTEC Sample Database for sample management and the DARWIN database for the publication of cruise data and sample metadata. Some biological sample metadata is also shared with JAMSTEC’s biogeographic database (BISMaL), and global databases such as Ocean Biodiversity Information System (OBIS) and the Global Biodiversity Information Facility (GBIF) (Iseto et al. 2019; Fig. 1). Traditionally, researchers have deposited selected samples in museums or resource centers and made that information public through literature or via online databases. However, the samples accessible through these routes represent only a small portion of the total samples collected by researchers. What JAMSTEC does is different from this, in that JAMSTEC publishes metadata of most collected samples (Fig. 2). JAMSTEC manages sample metadata not only to respond to sample requests from third parties, but also for its own benefits. The sample management assists JAMSTEC’s research in collaborative opportunities, sample inheritances, and research compliance. Most notably, among recent global regulations, proper sample management has become essential to complying with diverse treaties and laws such as Security Export Control and Nagoya Protocol on Access and Benefit Sharing. Now that we have established this system, we are moving to the next stage, where each JAMSTEC researcher can register and update their own sample metadata, and control public settings of the sample metadata themselves on the database without relying heavily on DMO. We hope that the JAMSTEC initiative will become a revitalizing model for sample-based research.

The law applicable to the right of priority from a European perspective

The right of priority established in the Paris Convention for the Protection of Industrial Property allows a patent applicant to claim the filing date of a first application for any subsequent applications for the same invention filed within twelve months in another Paris Convention Contracting State. This right may be claimed by the person who has filed an application or their successor in title. If priority is not validly claimed, patent applications and patents relying on the right may be rejected, revoked or invalidated. National and regional rules governing who may claim priority, whether a priority right may be divided or shared, whether it may be transferred independently of the priority application and the rights to the invention, and the requirements for a valid transfer differ from country to country. The issue of whether priority has been validly claimed may therefore depend on which country’s law applies, which depends on the characterisation of the issues. The aim of this article is to provide a European perspective on the law applicable to the right of priority.

Measures to Prevent Traffic Accidents and Reduce Damages in 119 Ambulances

In 2021, the National Fire Agency recorded 141 traffic accidents involving 119 ambulances. A common scenario involves collisions at intersections, where ambulances often running into a red light intersect with vehicles proceeding with a green light. These accidents entail special attention because of the potential threats they pose not only to emergency medical service (EMS) personnel but also to the safety of patients and other vehicles on the road. Many studies have emphasized that it is necessary to reinforce the priority rights of ambulance and the duty of other vehicles to yield. However, research addressing challenges faced by ambulance drivers has remained insufficient. This study conducted a survey of EMS personnel about their psychological status while driving an ambulance and the use of warning lights and sirens. Prevention of traffic accidents related to 119 ambulances entails data collection and statistical analysis, reinforcement of professionals, expansion of emergency vehicle priority signaling systems, and development of simulator-based training programs. Policies that do not reflect ambulance drivers’ psychological state and driving patterns might turn out to be ineffective.

STRENGTHENING SHARIA ELEMENTS; SYUF’AH OR LANGGEH RIGHTS IN LAND BUYING AND SELLING TRANSACTIONS IN ACEH

This article describes the strengthening of sharia elements (Syuf'ah) in buying and selling land in Aceh. The implementation of Islamic law in Aceh is not only in the field of worship, it also includes the field of muamalah, namely buying and selling land. In Acehnese customary law, syuf'ah rights are known as langgeh rights. In the decision of the Supreme Court of the Republic of Indonesia dated March 31 1977 No. 298 K/Sip./1973 explains that langgeh rights are rights in customary law that give priority over other people to buy land, which is given to relatives, Segampong/village communities and neighboring land owners. If the sale and purchase of land is not carried out based on priority rights, the aggrieved party can sue for the cancellation of the validity of the sale and purchase to the Gampong Court. This article uses normative research methods, in the form of secondary data analyzed using qualitative methods. The results of research that has been carried out by several previous researchers, there is a dispute in the sale and purchase of land in Aceh which does not apply Syuf'ah rights or langgeh rights. Strengthening the Syari'ah elements of Syuf'ah or langgeh rights in the sale and purchase of land in Aceh is regulated in Qanun Muamalah and is applied in land buying and selling transactions in Aceh. The importance of strengthening the elements of syari'ah syuf'ah or langgeh rights is to prevent disputes or cancellation of land sales and purchases in Acehnese society.

Kepastian hukum terhadap pemenang lelang dalam lelang agunan bank (Studi Kasus pada Putusan Nomor 193/PDT.G/2019/PN.PTK)

Using common violations, the Law on Liability gives the creditor the privilege of executing the object in his power. Furthermore, repayment of receivables is taken from the proceeds of the auction with priority rights from other creditors. Through Pirate Execution based on the executory title stated in the Certificate of Dependent Rights Following the provisions of Article 11 paragraph (2) letter KUUHT, APHT stipulates the emptying of the object of the dependent right at the time of execution of the dependent right, so that the debtor is obliged to follow the auction decision and has no reason to refuse the emptying. In the Universal People's Credit Bank, there was a conflict because the debtor did not pay the receivables following the previous agreement. As a result, the creditor, the Universal People's Credit Bank in Pontianak, executed the guarantee through a public auction. However, the debtor made legal efforts to oppose (verzet), and the debtor filed an objection in case No.193/Pdt.G/2019/PN. Ptk.The winner of the auction cannot reverse the name or control the auction results. This study used a normative jurisprudence law approach. This method deals with problems by studying the provisions of applicable laws and regulations. The focus of this study is descriptive analysis. Therefore, the decision of civil case No. 193/Pdt.G/2019/PN.Ptk, Deed of Auction Minutes No. 492/53/2020, Law No. 10 of 1998, Law on Dependent Rights No. 4 of 1996, Basic Agrarian Law No. 5 of 1960, and Minister of Finance Regulation No. 213/PMK.06/2020 concerning Technical Guidelines for Auction Implementation are the subjects of this study. The research reveals the efforts of the block applicant and the Land Office to file an Unlawful Action lawsuit with the Court to remove the block as legal protection for the auction winner. The winner of the auction can also ask the District Court to stop the auction object. In decision number 193/Pdt.G/2019/PN.Ptk, the Panel of Judges stated that the object of the dependent rights used by the Plaintiff as collateral has the same executory power as a court decision that has permanent legal force. Under the executory title, an execution auction can be conducted directly, and the debtor must leave or vacate the property of the lien. Because it has violated the civil rights of others, the plaintiff's actions are included in the category of unlawful actions. To avoid juridical obstacles, the government should be able to amend and add clauses in the UUHT by giving authority or directly appointing bailiffs and police officers to execute collateral emptying as evidenced by the deed of auction minutes to ensure legal certainty in the process of execution of dependent rights. Thus, KPKNL and the Bank can synergize with these rules by carrying out auction execution procedures

Legal Protection For Creditors Holding Mortgage Rights On Double Certified Owned Land

This article analyzes how legal protection is for creditors holding mortgage rights on land with multiple certificates. This article was prepared using doctrinal research methods with literature study using secondary data and analyzed juridically-qualitatively by examining applicable regulations. The Mortgage Law gives the right of droit de preference or priority to creditors holding mortgage rights. However, in practice, this right is often injured by disputes over collateral rights, one of which is the dispute over the issuance of multiple certificates. In these conditions, the Land Office as the agency that issues the certificate has legal responsibility for the emergence of two certificates for land which of course is very detrimental to creditors. This is regulated in Article 54 paragraphs (1) and (2) of the Regulation of the Head of BPN RI Number 3 of 2011 concerning Management, Assessment and Handling of Land Cases. The Land Office has the obligation to cancel one of the duplicate certificates and announce it to the public. Thus, this action was taken to ensure order and certainty in land matters and maintain the integrity and public trust in the land system, as well as protect the legal position of creditors holding mortgage rights to land.

Increased Public Legal Awareness of the Primary Rights of Road Users That Need to be Prioritized

The rampant violations of the main rights of road users that need to be prioritized can cause material and immaterial losses for those who get the main priority for road use. These violations can occur while driving or when utilizing road functions, due to intent, negligence, or ignorance. As a result of a lack of legal understanding and awareness, there is still a tendency to use and use roads not according to their designation, such as disruption of traffic order, delays for users of priority rights to obtain road access, and the potential for legal problems. The priority rights of road users that must be preceded are not fully understood by the community, especially regarding actions, criminal sanctions, and the importance of community participation. With this activity, people can add insight and knowledge to prevent and anticipate violations of the main rights of road users that need to be prioritized. The community is moved to orderly traffic to create conditions of obeying and obeying the law. As well as being able to provide awareness and increase legal awareness to prevent traffic violations in the future.

Transformation of the Institution of Public power in modern Russia: advantages and disadvantages

The constitutional regulation of the institution of public authority, taking into account the amendments to the Basic Law in 2020, revealed a number of contradictions with the current legislation adopted subsequently. The levels (international, federal state, regional state and municipal) of the implementation of public power are highlighted and considered, as well as some problems related to both the composition of a unified system of public authorities and the possible negative consequences of the trend of its centralization. The necessity of responding to and including modern technological challenges in the sphere of activity of public authorities is shown. The subject of the study is the institution of public authority, the composition of a unified system of public authorities, legal relations developing within this system, as well as the impact of adopted constitutional amendments and modern challenges (globalization, digitalization, Internet technologies, etc.) on the transformation of the institution in question. The aim of the work is to identify contradictions in the legal regulation of the institution of public power, identify the levels and features of its implementation, and develop proposals to improve the effectiveness of the unified system of public power without prejudice to the institutions of federalism and local government. Material and methods. The study used the current Constitution of the Russian Federation, relevant federal legislation, as well as judicial practice - decisions of the Constitutional Court of the Russian Federation. The general (methods of analysis and synthesis, deduction and induction, system-structural method) and private (formal legal, comparative legal methods, method of generalization of judicial practice) methods of scientific cognition are used. The trend of increasing centralization of public power that has manifested itself at present can be justified to some extent by the current situation associated with unprecedented external pressure and the need for a certain consolidation of society and the state in the person of public authorities. At the same time, the state is called upon to distribute functions between levels of public authority in such a way that the rights of local self-government, as well as the principles of federalism and subsidiarity, which are either directly enshrined in the Basic Law or follow from its content, are strictly respected. The latter assumes the priority right of territorial units of the lowest possible level, with sufficient potential to solve specific tasks, to exercise powers on specific subjects of competence.

The establishment of the priority right in space resources activities

The commercial exploitation of space natural resources is becoming feasible, however, there’s no specific and practicable international regime of space resources activities in lex lata yet. One of the to-be-settled key issues is how to confirm the right over the prospected or abstracted resources to the relevant space actors. The “Building Blocks for the Development of An International Framework on Space Resource Activities” drafted by the Hague International Space Resources Governance Working Group in 2019 provides the concept of priority right to space resources, which leads to a hot international debate. The common heritage of humankind principle in lex ferenda should be served as the jurisprudential basis of priority rights to space resources. The space law in future should not adopt the concept of priority right to seek for or prospect space resources. Priority right should include two aspects: priority right to mine/recover and priority right to the abstracted resources. In the process of designing this priority right, the specific mechanisms like share conversion, transition of priority right should be considered. There could be more than one state or space actor who have priority right to various extent and in different stages in context of the exploitation of the same resources, and the allocation of priority rights and the approaches to implement these rights should be considered on a case-by-case basis, according to the extent of the investment and contribution of each actor and the principle of balanced interests from the international perspective.

Juridical Analysis Of Suspect Determination Procedures Police Investigators Against Criminal Offenders (Research Study In Barelang Police)

The determination of a suspect must be in accordance with applicable legal provisions based on 2 (two) valid pieces of evidence, namely witness statements obtained by the investigator, expert statements obtained by the investigator, letters, and instructions for each piece of evidence obtained by the investigator through an in-depth examination. The investigator's coercive actions must be carried out responsibly according to the law and legal provisions so that arbitrary actions do not occur against the suspect's freedom, independence, and human rights. The problem in this research is the law, implementation, and what factors become obstacles and obstacles in the process of determining suspects for perpetrators of criminal acts. This research uses a descriptive analysis method using a normative approach (legal research) and is supported by empirical research. This was carried out to obtain primary data obtained through interviews through field research. The results of this study explain that the Criminal Procedure Code (KUHAP) has clearly and firmly regulated matters relating to the rights of suspects. The rights of suspects regulated in the Criminal Procedure Code are Priority Rights for Case Settlement, this has been emphasized in Article 50 of the Criminal Procedure Code (KUHAP) which reads: a) A suspect has the right to immediately be examined by investigators, then can be submitted to the Public Prosecutor. b) The suspect has the right to immediately bring his case to court by the public prosecutor. c) The accused has the right to be tried immediately by the Court., The right to prepare a defense, the right to get an interpreter, and the right to choose their own legal adviser The purpose of this right is to get legal counsel in accordance with the provisions of Article 54 of the Criminal Procedure Code for suspects. For this reason, it is expected that in determining the suspect to have qualified investigators they pay attention to the following matters: Have general knowledge, Knowledge is quite broad, where Investigating Officers are required to have knowledge that is quite extensive, Confident in themselves. Investigating Officers must have high self-confidence, have character, be professional, understand psychology practically, be brave, honest, talented actor, wise, alert, and experienced. Courage, honesty, wisdom, and vigilance are needed in the examination process by an investigating officer. Experience Investigating officers must be experienced in order to master psychology/psychology and be able to act in acting is also very important to have.

Post-COVID-19 Syndrome and Related Dysautonomia: Reduced Quality of Life, Increased Anxiety and Manifestation of Depressive Symptoms: Evidence from Greece.

Post-COVID-19 syndrome affects a significant number of SARS-CoV-2 infected individuals, even in asymptomatic cases causing several neurological and neuropsychiatric symptoms and signs. An online cross-sectional study with a convenience sample was conducted in Greece from November 2022 to January 2023. We measured the demographic and clinical characteristics of patients with post-COVID-19 dysautonomia in terms of the quality of life with the EQ-5D-3L, and anxiety and depressive symptoms by employing Patient Health Questionnaire-4. The study population included 122 patients with post-COVID-19 syndrome. One out of four patients (27.8%) manifested post-COVID-19 dysautonomia, while the mean duration of COVID-19 symptoms was 11.6 months. Anxiety and depressive symptoms were worse after the post-COVID-19 syndrome (p<0.001 in both cases). A statistically significant reduction in quality of life was observed among patients after the post-COVID-19 syndrome (p<0.001 for both EQ-5D-3L index value and EQ-5D-3L VAS). Post-COVID-19 dysautonomia increased depression symptoms after developing the post-COVID-19 syndrome (p=0.02). We found a negative relationship between the duration of COVID-19 symptoms and the quality of life (p<0.001). Moreover, our results showed that depressive symptoms were more common among females after the post-COVID-19 syndrome (p=0.01). Also, the quality of life was lower among females than males (p=0.004 for EQ-5D-3L index value, and p=0.007 for EQ-5D-3L VAS). Our results suggest that post-COVID-19 syndrome causes a tremendous impact on the patients' quality of life and mental health. In addition, we found that the groups most psychologically affected were patients with post-COVID-19 dysautonomia, females, and patients with a longer duration of symptoms. Policy makers should assign priority rights to vulnerable groups in future psychiatric planning. Policy measures should focus on the mental health of post-COVID-19 patients who seem to be particularly vulnerable.

Algorithm of methodological aspects of nature management in Ukraine as constitutionally motivated requirements of today

A constitutionally motivated algorithm of methodological aspects of land and nature use, especially in the agricultural sphere, which is an effective mechanism (tool) for painless correction (elimination) of assumed errors in the process of the so-called «land reform» in Ukraine. The need to demarcate the rights of two different property objects to «land», namely: — to «land plot» (border) as an object of civil rights; and — on «land and its natural resources» as natural objects of ownership of the Ukrainian people, which are located within such areas, as well as the introduction of a de facto institute of nature management on a paid basis according to established regulations. It has been established that the criminal replacement of the current constitutional land norm of «use» with the unconstitutional factor of «distribution» contributes to the self-righteous use of natural resources as objects of someone else's property. A system mechanism is recommended for the implementation of approved project solutions of architectural, construction and land management arrangement in the entire geospace of the state, forming a balanced land use — from the standpoint of national interests and the interests of local communities. It has been proven that the application of this mechanism will eliminate any obstacles and objections in the primary identification and certification of all natural objects (existing and rehabilitated) that have a nature reserve, nature protection, water regulation, health, recreational, historical and cultural and other value. The outlined constitutional right will act fairly in the process of determining (removing from intensive use) plots in agro-landscapes that are subject to liming, afforestation and have environmental significance. It has been established that the main role as a factor of responsible financial support in the process of formation and formation of all such Ukrainian business entities (according to the target functional purpose) will be performed by the Budget of the National Land Institution of Ukraine together with and with the participation of able-bodied citizens who will independently decide in what way they will carry out their comfortable living in the relevant territory, as well as the budgets of local communities at the basic level. It is planned to organize more than 250,000 (preferably more than 500,000) new private family farms and peasant farms (ancestral, family estates) created by young families (the priority right is granted — to participants in hostilities (soldiers — winners) and their families) and their families), mainly, without hired workers, with a total area of almost 10 million hectares of small arable land massifs and other (4–5 million hectares) adjacent lands.

Granting Priority Rights and Compensation to Owners of Destroyed Land

Soil possesses unique properties. This is due to the fact that, on one hand, land is a non-biological resource, implying that it cannot naturally regenerate in abundance. This research aims to analyze the significance of granting priority right and compensation to owners of destroyed land. This research adopts normative legal research approach. The result of this research reveals that the Regulation of the Minister of ATR/Head of BPN Number 17 of 2021 was issued to regulate the procedure for determining the destruction of land. Nevertheless, the Supreme Court opines that Article 15 paragraph (1) of the regulation fails to uphold a sense of justice and is contrary to higher laws and regulations.Keywords: Granting Priority Rights, Compensation, Owner of Destroyed Land.

ВОПРОСЫ РЕАЛИЗАЦИИ ПРАВА НА ИНФОРМАЦИЮ УЧАСТНИКА ОБЩЕСТВА С ОГРАНИЧЕННОЙ ОТВЕТСТВЕННОСТЬЮ

The possibility of obtaining information about the functioning of the company is a priority right of the shareholder, due to its legal status. By making a material contribution, a shareholder of the company acquires the right to receive information about various areas of the economic and legal life of the company. The right to information provides the shareholder with the opportunity to exercise control over the company, and may also imply unfair actions, namely, to benefit himself or to dispose of the information received in order to harm the company. This article reveals the essence of the shareholder’s right to receive information from the company and familiarize himself with its documents, the procedure for its implementation, the processes for providing information, the significance of this right as a fundamental non-property right, the conditions for exercising the right, ways to protect the right and the effectiveness of protection methods are considered in detail. Also, after comparing the legislation of different countries on the right of the shareholder to receive information and the possibility of its implementation, the limits of this right, and proposals were made to further expand the right of the shareholders to receive information by improving the norms of national legislation. In order to provide a mechanism for the effective implementation of the shareholder’s right to information, it is proposed to use modern information technologies. In addition, after analyzing the existing problems of protecting the shareholder’s right to information in court, opinions were expressed regarding the unification of judicial practice on these issues.

Human Risk Factors for Severity of Injuries in Urban and Suburban Traffic Accidents in Southern Iran: An Insight from Police Data

Background: Globally, transport injuries persist as the leading preventable cause of adolescent harm. Objectives: This study aimed to determine the role of human factors in causing traffic accidents in urban and suburban areas of Jahrom, Fars province, Iran. Materials and Methods: This descriptive study used the recording data of 598 accidents and incidents on urban and suburban roads recorded in the accident registration forms (KAM) of the Police Information and Communication Technology (ICT- FAVA) system in Jahrom in 2020. The obtained data were analyzed by SPSS 20 software using descriptive statistics, chi-square test, and multivariable logistic regression. Simultaneously, population-attributable risks for violations of drivers involved in accidents on urban and suburban roads were determined. Results: The multivariable logistic regression analysis identified sudden diversion (OR = 11.02, 95% CI: 3.79 - 32.00), inattention to the front (OR = 6.68, 95% CI: 3.27 - 13.61), non-observance of the right of priority (OR = 6.25, 95% CI: 2.80 - 13.98), and inability to control the vehicle (OR = 4.05, 95% CI: 1.81 - 8.90) as risk factors for death or injury in urban roads. Meanwhile, death or injury on suburban roads was associated with failure to yield to the right of way (OR = 2.25, 95% CI: 1.08 - 4.67), inattention to the front (OR = 1.95, 95% CI: 1.08 - 3.51), and inability to control the vehicle (OR = 41.86, 95% CI: 1.001 - 4.63). Among humans factors of accidents on urban and suburban roads, inattention to the front (78.84% vs. 37.73%) and failure to yield to the right of way (62.75% vs. 32.31%) had the greatest population-attributable fraction risk factors of death or injury. Conclusions: Inattention to the front and non-observance of the right of way by drivers were the first and second ranks in accidents leading to injury and death. It is suggested that the relevant laws and legislations be intensified and enforced more seriously.

The principle of proportionality in exercise of the priority right of a partnership participants to purchase an interest (its part) of another participant

The principle of proportionality in exercise of the priority right of a partnership participants to purchase an interest (its part) of another participant

Subrogation: An Unidentified Legal Object? A Proposal for a Solution to the Renowned Problem of the Legal Construction of Subrogation

Subrogation, originating from Roman law, is an institution adopted in civil law jurisdictions with minor differences. According to the general definition and understanding, subrogation means the legal (ipso iure) transfer of the creditor’s right to claim to the third-party, who performs someone else’s debt, for granting him/her a privileged legal status in his (recourse) relationship with the debtor. The privileged legal status of the third-party, who benefits from the subrogation, lies in the legal transfer of accessory and priority rights arising out of the right to claim. Because of its exceptional feature, considerable efforts have been made to explain the legal nature of subrogation. However, because of its complexity, there is still no consensus on the issue. There are even views implying that subrogation is an unidentified legal object. The author suggests an explanation to the construction of subrogation in three main steps: (1) Parallel to the prevailing view regarding performance of the third-party, it should be accepted that the will of the third-party is decisive concerning the legal consequences of the performance. (2) Then it should be assumed that the third-party performs the debtor’s debt with the will to acquire (causa acquirendi) in addition to the will to discharge the debtor’s debt (causa solvendi) so that his performance can result in subrogation. (3) Finally, the ‘third-party’ should be redefined in the cases of subrogation. Alongside these steps, the construction of subrogation is based on the theory that a debt may only terminate when its inherent purpose is realized. Therefore, in cases of subrogation, the right to claim continues to exist even after the third-party’s performance with the purpose of serving the right to recourse. This purpose also limits the thirdparty’s powers. This article examines the subrogation’s legal construction by explaining the abovementioned concepts and determining their connections.

Legal aspects of social protection of citizens of Ukraine under martial law

The article is dedicated to the promotion of legal aspects of the social protection of the citizens of Ukraine in the minds of the military camp. It is clear that the peculiarities of social risks, which are blamed in the minds of overarching situations, are considered to be a group of sovereign-political risks, which are characterized by a high level of insecurity for life and non-negotiable physical, material and moral costs. Emphasis is placed on the priority rights of the social protection in the minds of military aggression against Ukraine. At the same time, it is naked on the need for a steel defense against traditional social risks.I mean respect for the nurturing of legal regulation in the sphere of social protection in the minds of the higher minds. Classical characteristics of the method of legal regulation of the right of social protection are given. It has been established that in the minds of the war the key aspect of legal regulation in the sphere of social protection against spontaneous social risks is insanely the factor of the hour. It was determined that, in order to increase the effi ciency of the operational legal regulation of the organization of social protection against the victims of the war, it was ensured that the Cabinet of Ministers of Ukraine take legal decisions on food. The author analyzed the installation of additional legal guarantees in the sphere of the defense of the citizens during the war period to become unemployed. The aspects of fi nancial security of the change in the order of implementation of the rights of citizens in the sphere of social insurance on the way of unemployment have been completed. The legal decision to the body of the constitutional jurisdiction of the hundred-fold exchange of social and labor payments for the minds of the military or the super-offi cial camp was reviewed. Additional social guarantees were appointed for the citizens of Ukraine, with a method of defending against social risks in the minds of the war. Respect is attached to the procedural aspects of the realization of the right to social defense in the minds of the military camp. Analyzed are the changes in the civil legislation how to clear the minds of the sphere of realizing the right of the citizens to social defense. The author concludes that the reduction of the availability of social guarantees of the rights of the citizens in the minds of the wartime is provided with elements of the digital transformation of the state. Key words: social protection, martial law, social risk, social benefi ts, digitalization

Priority Water Rights for Irrigation at the River Basin Level. Do They Improve Economic Efficiency During Drought Periods?

This paper assesses the potential efficiency gains of reforming the water rights regime in the Spanish agricultural sector by replacing current allocation procedures based on the proportional rule with a priority allocation procedure based on two tiers of security-differentiated water rights. This assessment is useful for evaluating whether said change in water rights can be considered a suitable policy instrument to improve water management during droughts events. For this purpose, a mathematical programming model is built to simulate the performance of the proposed reform. The empirical analysis is implemented at the basin scale, where water rights holders are highly heterogeneous, considering different climate scenarios accounting for changes in water supply reliability. The Guadalquivir River Basin (GRB) in southern Spain is used as a case study. The results obtained show that this change in the water allocation regime would yield only modest economic efficiency gains under the current climate scenario. However, it is also evidenced that this policy instrument could play a more relevant role as an efficiency enhancer in a climate change scenario, given that more frequent and intense drought episodes are expected. Moreover, priority rights represent an interesting risk management instrument for farmers, allowing the most vulnerable farmers to reduce income volatility. These findings suggest that the combined implementation of the proposed shift in the allocation regime with spot or allocation water markets would lead to successful outcomes, significantly improving drought management in the irrigation sector.

The Legal Politics of the Government to Provide Legal Certainty Related to the Practice of Pawning on A Paid Rent Based on Justice Value

Pawning has become a trend in society because the procedures and requirements are easy, simple, and uncomplicated so that people immediately get money. So it is not uncommon for people to guarantee their goods in pawning activities. Based on the formulation of Article 1150 of the Civil Code, it can be seen that pawning is a material security right on certain movable objects belonging to the debtor or another person on behalf of the debtor to serve as collateral for the settlement of certain debts, which gives priority rights (preference) to the holder of the lien over other creditors. , after prioritizing the costs for the auction and the cost of rescuing the pawned goods taken from the sale proceeds through a public auction of the pawned goods. As material rights, liens continue to follow the object or goods pledged in the hands of whoever holds it (droit de suite). Likewise, it contains a right to sue because the recipient of the pledge has the right to claim the lost goods back. This provision is as contained in Article 1152 Paragraph (3) of the Civil Code. Article 1152 paragraph (4) of the Civil Code stipulates that if later it turns out that the pawnbroker does not actually have the right to alienate the goods, for example, he is only the tenant or the borrower of the goods, then the lien rights of the pledge holder cannot be cancelled.