Proposals For Amendments Research Articles

Legal provision for the rights of persons who receive rehabilitation assistance

The research is devoted to the problems of legal provision of the rights of persons who receive rehabilitation assistance. The author examines the norms of international and national legislation that enshrine the rights of citizens in the field of healthcare. The works of scholars who have examined the peculiarities of exercising certain patients’ rights are studied. The article describes the legislative acts regulating the rights of a patient in a rehabilitation institution in Ukraine. It is indicated that certain patient rights are enshrined in the Civil Code of Ukraine and the Fundamentals of Healthcare Legislation. Special rights of the patients of rehabilitation institutions are provided for by the Laws of Ukraine “On Rehabilitation in the Healthcare Sector” and “On Rehabilitation of Persons with Disabilities in Ukraine”. The classification of patient's rights into socio-economic, legal, informational, ethical and those related to ensuring the quality of rehabilitation care is proposed. It is indicated that informational rights include the right to information about rights and obligations, diagnosis, functional limitations, nature of treatment, and preservation of medical confidentiality. It is concluded that socio-economic rights consist in the possibility of access to free rehabilitation services at the expense of budgetary funds under the programme of State medical guarantees. It is noted that ethical rights provide for a humane and respectful attitude of medical personnel towards patients. Among the legal rights of the patient is the possibility of judicial and administrative protection of the patient’s rights by applying to law enforcement agencies and courts. The patient has the right to qualified rehabilitation care. Proposals for amendments to the current legislation are made. The necessity to systematise patient rights and provide for them in a separate Law of Ukraine “On Protection of Patients’ Rights” is emphasised.

손해배상에 관한 민법 개정 예비초안 검토

This article introduces and reviews the content of the preliminary draft prepared by the Civil Code Amendment Committee, established in June 2023. The focus is on the amendments related to damages in Chapter 1, Section 2 of Part III of the Civil Code, which deals with the effectiveness of obligations. Specifically, it examines the proposed revisions to Article 390 (Non-performance of Obligations and Damages), Article 393 (Scope of Damages), Article 394 (Method of Compensation for Damages), Article 396 (Comparative Negligence), Article 397 (Special Provisions for Monetary Debt Default), Article 398 (Liquidated Damages), and the newly proposed Article 395-2 (Reimbursement of Expenses). The primary perspective for this review is to ensure the continuity and connection of discussions on the amendment of the Civil Code by comparing it with the 2004 amendment proposals and the 2013 revision draft. Additionally, in order to enhance the efficiency of the discussions, the review will focus on the modifications in the preliminary draft compared to previous amendments, as well as the alternatives proposed by the review committee. This review will be conducted with reference to domestic legal theories, precedents, and foreign legislative examples from a legislative standpoint. From a practical perspective, the most crucial aspect of the current Civil Code revision is to codify established doctrines and case law to prevent further interpretive disputes and clarify legal expressions. Particularly, as in the case of the preliminary draft concerning the regulations on damages, where the abstract nature of the Civil Code provisions has led to the resolution of cases through interpretation, codifying established case law can enhance predictability. However, in the process of codifying case law, it is necessary to consider whether such codification may hinder the development of legal principles through interpretation by fixing the doctrines in a manner that could affect the future evolution of legal theories and case law.

Brazilian Parties in the XXI Century and the Conservative Agenda of the New Right

Conservative agenda is a fundamental component of the New Right politics in the public debate throughout the world. However, in Brazil, the conservative agenda has been advanced across the entire party system, from left to right, by new and old political parties. This paper compares proposals for constitutional amendments presented between 2001 and 2022 by federal deputies in Brazil, focusing on targeted restrictions of rights and guarantees and the tightening of law-and-order provisions. The findings show that neither new-entrant parties nor ideology predict the saliency of conservative content in parties’ constitutional activity. This analysis contributes to disentangling the conservative agenda from the concept of right-wing politics, even the New Right.

Moving toward a fairer access to land fostering agroecological transition? A decade of legal change and reframing of debates around soil and climate in France

Although farmland concentration receives narrower media coverage than land grab, it goes hand in hand with impactful environmental and demographic consequences. This article examines the case of France, one of the European countries with the highest level of farmland market control. It questions to what extent the regulation of access to land is adapted to initiate an agroecological and food transition. Its objective is to analyze why and how land concentration has been reframed in the past decade, by which types of stakeholders, building on which sources of legitimacy, and with which legal strategies and results. The theoretical framework combines the sociology of controversies and agenda-setting with a land justice-based approach. This article builds on a textual hermeneutics of 3 documental corpora encompassing a press review with 172 items, 112 documents (press releases, opinion pages, reports, notes, interviews, public speeches, amendment proposals, draft bills, laws, and decisions), and 3,409 tweets (those mentioning loi foncière or the #LoiFoncière hashtag, and those quoting, retweeting, or replying (to) them). These data were contextualized using sporadic participant observation. Since 2013, and more specifically since 2018, 2 networks of left-wing politicians, left-wing farmers’ unions, and civil society nongovernmental organizations have brought land justice concerns up-to-date to put farmland concentration on the political agenda. However, only minor progress has been made. A major factor in this is the chronological gap between, on the one hand, the successive reframings of the issue (from soil quality and climate change mitigation lenses), the proposed legal devices, the degree of projected legal change and, on the other hand, the pace at which the window of opportunity for a new land law has opened and closed. Indeed, the land imaginaries of land commons that underpin the agroecological transition are not yet sufficiently socially legitimate to be enshrined in law.

Critical Review about the Denial on the National Assembly"s Right to Revise a Constitutional Amendment Proposal

Critical Review about the Denial on the National Assembly"s Right to Revise a Constitutional Amendment Proposal

Planowanie terenów rolniczych w Bułgarii - obecna funkcjonalność prawodawstwa i perspektywy

Development Planning for the Agricultural Territory is a problematic activity in Bulgaria in terms of the existing legal requirements. Bulgarian legislation contains certain gaps in regulating and technically ensuring the agricultural land planning. This is well settled in relation to the other types of territories like the Urban, Forest, and Protected ones, which planning rules and activities are regulated in details. The purpose of the paper is firstly to justify the necessity of improving and detailing the legal regulations for the agricultural land development planning, and secondly to suggest some expert approaches for improving and harmonization of legislation in connection with registration of the agricultural property by Agricultural Territory Development Plan (ATDP), Restored Property Map (RPM) and Cadastral Map (CM). The current legal grounds for planning development of the agricultural land in Bulgaria are presented and analysed. Lack of detailed regulations on their scope, content and operation have been found. It is also a matter of applicability of the newly created municipal CMs in settling land relations such as purchases and sales of land, inheritances, divisions, and changing the primary purpose of use of Agricultural Territory for construction. The completeness of CM with information about the quality of agricultural lands is still not regulated by Cadaster and Property Register Act. The paper contains specific proposals for amendments in Spatial Planning Act, Cadastral and Property Registry Act and Agricultural Land Ownership and Use Act.

Termination of the employment relationship in Slovakia

Slovak labour law regulates the termination of employment in a rigid manner, based on the principle of protection of the employee as the weaker party in labour relations. The Labour code distinguishes four key types of terminating an employment relationship: I. Termination by agreement, II. Notice of termination, III. Immediate termination and IV. Termination within a probationary period. In addition to that, an employment relationship will also terminate upon the death of the employee and fixed-term employment will terminate upon expiry of the agreed period. Special provisions apply to termination of an employment relationship with a foreigner (or a stateless person) and in connection with temporary secondment. The legal regulation of termination of the employment relationship in Slovakia has been relatively stable in recent years, without major changes or serious proposals for radical amendment.

공동주택의 AI IoT의 하자로 인한 민사책임에 대한 소고

In contemporary South Korea, the ubiquitous presence of smartphones has become ingrained in the daily lives of its populace. With artificial intelligence permeating various aspects of modern living, from smart vehicles to interconnected homes, the integration of IoT devices has become the norm. Initially conceived for security purposes, entrance keypads now serve as pivotal nodes within home networks, interconnected with the broader Internet of Things ecosystem. However, these keypads, while designed to enhance convenience, also harbor significant volumes of personal data, raising concerns over potential breaches and leaks. Indeed, instances of personal data exposure on the dark web, stemming from IoT hacking incidents, underscore the critical imperative for robust security measures. To fortify the security framework surrounding these keypads and mitigate potential risks within residential complexes, a comprehensive legislative review is warranted. This examination encompasses the classification of keypad-related disputes as 'defects' and the subsequent application of pertinent statutes such as the 'Housing Act.' Given the intricate interplay between various legal frameworks governing housing complexes, scrutiny of relevant articles within the 'Civil Code' and the 'Act on Ownership and Management of Condominium Buildings,' particularly Articles 667 and 668, is essential to establish a coherent legal foundation. Moreover, the regulatory landscape must extend to encompass the 'Personal Information Protection Act,' addressing the ramifications of personal data exposure through IoT vulnerabilities. Furthermore, in light of IoT's alignment with the 'Installation and Technical Standards for Intelligent Home Networks,' delineating precise definitions and standards governing home networks becomes imperative. This necessitates a thorough appraisal of existing legislation pertaining to cybersecurity and hacking incidents, with a specific focus on enhancing security protocols surrounding keypad systems in residential settings. Proposals for legislative amendments, such as revisions to select provisions within the 'Enforcement Decree of the Information and Communication Business Act,' aim to codify stringent standards and safeguards within our legal framework. Additionally, recognizing the global nature of IoT technology standards and the inherent challenges posed by its rapid evolution, proactive measures are requisite. This includes advocating for amendments enabling management bodies to engage specialized supervisors through contractual arrangements or direct employment, thereby ensuring adept oversight and compliance in an ever-evolving technological landscape.

Interaction of law enforcement agencies within the framework of international cooperation during the gathering electronic evidence of the commission of a crime

The article deals with issues related to the interaction of law enforcement agencies within the framework of international cooperation during the gathering of electronic evidence of the commission of a crime. Some aspects of the procedural order of providing/receiving a request for international legal assistance and the procedural activities of joint investigative groups have been analyzed.
 Such features of electronic evidence of the commission of a crime as resistance to external interference and the time of preservation of electronic information on a certain medium, which directly affect the vectors of interaction of law enforcement agencies, are singled out.
 Attention was drawn to certain normative and legal provisions of the Criminal Procedure Code of Ukraine; Instructions on the organization of the interaction of pretrial investigation bodies with other bodies and units of the National Police of Ukraine in the prevention of criminal offenses, their detection and investigation; of the Second Additional Protocol to the Convention on Cybercrime, which relate to issues of law enforcement cooperation and international cooperation.
 The shortcomings of the legal consolidation of certain procedural actions within the framework of international cooperation, which affect the subject of interaction of law enforcement agencies during the gathering of electronic evidence of the commission of a crime, in particular in emergency situations, are indicated. It was established that as a result of gaps in the law, which relate to the procedure for collecting electronic evidence during the investigation of crimes, in some cases, law enforcement agencies are forced to find ways to interact with other subjects on a voluntary basis. However, in the absence of voluntary consent from the other party, such an approach is not effective, and in combination with the overly bureaucratic order of international cooperation, the time spent on its compliance and the peculiarities of electronic evidence may lead to the loss of such evidence.
 Taking into account the shortcomings of the legislation, appropriate proposals for amendments and additions to the Criminal Procedure Code of Ukraine were provided.

Strengthening the Nexus: Policy and Legislative Reforms for University-Industry Collaboration in Kazakhstan

The aim of this study is to examine the synergistic benefits that arise from collaborations between universities and industrial companies, examining the mutual advantages that both entities have. This research evaluates the government's efforts to cultivate such partnerships through a comprehensive documentary analysis of current policy documents and legislation. The findings indicate that a recently established ministry in Kazakhstan is actively developing proposals for legislative amendments to enhance the framework for collaboration between universities and industry. It is noteworthy that the government is providing tax preferences and incentives to industrial entities that collaborate with academic institutions, with the expectation that these measures will lead to beneficial outcomes. Despite these positive measures, the study revealed significant obstacles that prevent effective collaboration, such as legislative gaps and a general apprehension among industrial companies to set partnerships, due to the ineffectiveness of certain laws. The state's limited capacity to motivate participation from these corporations is what makes this reluctance a bigger challenge. This analysis highlights the necessity of strengthening political and legal frameworks to support more effective and productive collaborations between the university and industrial sectors. To bridge these gaps and improve the innovation ecosystem and drive socio-economic progress, this paper calls for a renewed approach to policymaking and legal reforms.

REALIZATION OF THE RIGHT TO INFORMATION ABOUT THE HEALTH STATUS OF THE FUTURE SPOUSE

In the context of the dispositivity of the norms of family law, which enshrine the right of future spouses to undergo a medical examination before marriage registration, law enforcement practice is being formed, which makes it difficult to implement this rule of law. The reason is the absence of authorized entities who are obliged to inform about this right and the procedure for passing a medical examination. The purpose of the article is to identify contradictions in the practice of applying the norms of family law on medical examination of persons entering into marriage and to develop proposals to eliminate them. The subject of the study is the institute of personal rights and freedoms of spouses, which includes a dispositive rule on the right of future spouses to undergo a medical examination. The result of the study is proposals for amendments to family law and legislation in the field of health protection. The novelty of the research lies in the generalization of the practice of legal support for medical examination of persons entering into marriage. Based on foreign and Russian experience, the opinions of the expert community, proposals for amendments to the family legislation of the Russian Federation are formulated. For the science of family law, the article is of interest, since expert positions on key problematic aspects of medical examination are summarized, and the author's point of view on the need to replace the dispositive norm with an imperative norm is substantiated. The component of scientific novelty is the author's assessment of foreign experience in regulating legal norms, based on the belonging of states to the Romano-German or Anglo-Saxon legal systems.

Administrative and legal regulation of licensing for medical practice

The article is devoted to the peculiarities of legal regulation of licensing for medical practice. The provisions of laws and regulations governing the procedure for obtaining a licence to practice medicine are studied. The scientific works of scholars in the fields of law, medicine, and public administration who have studied legal relations in the field of healthcare and licensing are studied. Recommendations for amending the legislation are formulated.
 The author proposes a definition of licensing for medical practice as a means of state regulation of medical care and medical assistance compliance with the established licensing conditions with a view to protecting the life and health of patients and ensuring the provision of quality medical services.
 The article establishes that there are certain peculiarities of licensing for medical practice in comparison with other types of economic activity. A specially created licensing commission of the Ministry of Health of Ukraine reviews documents for obtaining a licence. The licensing regulations set out specific personnel, technological and organisational requirements that the founders of healthcare facilities must meet before submitting documents for a licence. A special package of documents is prepared to be attached to the licence application and provides for the description of the material and technical base and personnel of the healthcare facility. The activities of the entire healthcare facility, rather than individual healthcare professionals, are subject to licensing.
 A number of proposals for amendments to the legislation are proposed, namely: 1) to consolidate the concept of medical service as a separate, specific type of medical procedure, diagnosis of a particular disease, rehabilitation, cosmetic care, health massage, paid examination; 2) to define in the licensing conditions more detailed technological requirements for the area of certain premises of a healthcare facility and medical equipment necessary for the treatment of certain diseases; 3) the author supports the position that it is expedient to develop and adopt the Medical Code of Ukraine as a comprehensive legislative act which would regulate legal relations in the field of healthcare.

Controversies and amendment proposals on the China Coast Guard Law

The China Coast Guard Law (CCGL) is legislation around the China Coast Guard (CCG). Its purpose is to regulate and guarantee the fulfilment of the CCG’s duties, addressing the lack of systematic regulation of the CCG’s rights protection and law enforcement. The CCG possesses administrative, military, and judicial attributes. Its function is to safeguard China’s legitimate maritime rights and interests, promote the construction of a regional harmonious and symbiotic maritime order, and contribute to the establishment of a global just and civilized maritime order. The formulation and implementation of the CCGL have faced challenges. Disputes over its application have mainly centred on four aspects: the definition of jurisdictional marine areas, types of law enforcement, immunity for warships and government ships, and the use of force. The enactment of the CCGL strictly adhered to China’s legislative procedures, and the content of its provisions aligns with the requirements of international law. However, there are deficiencies in the CCGL, necessitating the refinement of rules on the use of force, clarification of criteria for determining infringement by foreign warships and government ships, distinction between the principles of law enforcement in different maritime areas, and the establishment of a mechanism for the settlement of disputes over maritime law enforcement and maintenance of rights.

The Brazilian Tax Reform: Potential Impacts to the Financial Sector

The Brazilian tax system, known for its complexity, underwent a major change with the approval of Constitutional Amendment Proposal 45 (PEC 45), which was converted into Constitutional Amendment 132 (EC 132) on 20 December 2023. EC 132 aims to simplify the existing tax framework by consolidating five taxes into two – the CBS (contribuição sobre bens e serviços) and IBS (imposto sobre bens e serviços). However, the changes brought by the new system pose challenges, especially for the financial sector, which has, until now, benefited from special tax regimes given the uniqueness of financial transactions, not properly framed by the goals of the most typical VATs. This paper explores the current Brazilian tax system, EC 132’s changes, and their potential impact on the financial sector, focusing on the levy of VATs on financial transactions. Considering that alternatives for the VAT taxation were discussed, the National Congress, as the party responsible for regulating the new tax regime of financial institutions, still has the responsibility of bringing a balanced approach to the issue, noticing the corresponding complexities of the application of the VAT on margin transactions and the broader economic implications, especially to the cost of credit in Brazil.

Включение дивидендов в таможенную стоимость товаров: аспекты судебной практики

The article deals with the regulation of the customs value of goods, explores the legal nature of dividends as one of the elements of the customs taxation system in the law of the EAEU. The author analyzes the judicial practice on the possibility of including the amounts of dividends in the customs value of goods, formulates proposals for amendments to the legislation regulating customs relations in the EAEU in order to increase the legal certainty of regulating the customs value of goods on transactions concluded between interdependent persons.

교육행정에서의 부패에 관한 연구

The year 2023 was notably marked by a significant number or reports of extreme decisions made by teachers. This paper aims to explore the legal aspects of conflicts and corruption within schools as underlying causes, examining the corruption in educational administration from the perspectives of teachers, parents, and students, and proposing directions for improvement. A consensus has formed among the public regarding the severe damage to teachers' authority, and the Ministry of Education has announced policies to alleviate the burden of addressing school violence from teachers by recruiting external experts to handle these issues while protecting students' rights and preventing indiscriminate parental intervention in educational administration. Additionally, the Ministry has proposed measures to prevent extreme decisions by teachers. Among these measures, revisions were made in September 2023 to the Basic Education Act, the Special act on the improvement of teachers’ status and the protection of their educational activities, the Elementary and Secondary Education Act, and the Early Childhood Education Act, with the Special Act receiving the most significant updates. However, continuous legislative improvements are necessary for the faithful fulfillment of the state's legislative duties based on Article 31 of the Constitution. This paper reviews and evaluates the newly revised or established provisions in the Special act on the improvement of teachers’ status and the protection of their educational activities, including preventing unjust dismissal of teachers, expanding the scope of activities considered as infringement upon educational activities, introducing measures against protectors of educational activity infringement, prohibiting the reduction or concealment of such infringements, mandatory reporting of infringements, and the teacher protection indemnity project provisions. Despite the effort and time invested, many aspects were found lacking, leading to the proposal of new amendments. This study also analyzes four proposed amendments to the Teacher Status Law and offers various perspectives on boosting teachers' morale.

Proposals for Improving Legal Regulation of the Institute of Authorized Economic Operator

The article discusses current issues related to the development of the institution of an authorized economic operator (hereinafter — AEO) in Russia. The study is devoted to the analysis of the regulatory framework, and also analyzes the current state of affairs. the purpose of the article is to identify problems that require discussion and deeper research in order to improve the regulation of the AEO institution; formulating conceptual proposals for its development and involving in this institute companies that really need simplifications when carrying out customs operations for conducting foreign trade activities. This study is based on the methodological approaches of domestic scientists to the problems of development of economic institutions. When conducting the study, the method of comparative analysis of legislation regulating the AEO institution was used; An analysis of scientific literature and existing data from open AEO Registers was carried out. Methods of scientific knowledge, system analysis (deduction, induction, analysis, synthesis), graphic and statistical methods, systems approach were used; methods of monographic, statistical and comparative analysis, generalization and interviews were used. results and scientific novelty of the study. The work focuses on the study of the terms underlying the AEO institution. According to the author, the term should more accurately reflect the purpose and essence of its creation. The legal regulation of the AEO institution requires a new rethinking, with prospects for the development of the institution, as laid down in the standards of the World Customs Organization, from the understanding of AEOs as national companies that have a number of simplifications when performing customs operations, to the understanding of AEOs as organizations — links in the supply chain of products between AEOs of other countries, provided they all meet trade and safety standards. A set of proposals for the development of the AEO Institute has been formed. Conclusions. The proposals concern clarification of terminology and proposals for improving the regulatory framework, in particular the development of simplifications. The federal customs services of the EAEU countries may use the provisions of this article when developing legal regulation for the development of the AEO institution. The degree of elaboration varies from a conceptual idea to the proposal of specific amendments to articles of laws.

Значение стандартов ООН в области миграции в дальнейшем совершенствовании судебного рассмотрения дел о правонарушениях в миграционной сфере

In the scientific and research article, the author considers and analyzes the importance of United Nations Migration Standards in further improving the judicial consideration of migration offenses. In accordance with the Constitution of the Russian Federation, the protection of human and civil rights, well-being and freedoms, recognition, ensuring and observance of these rights and freedoms is the responsibility of the state. Taking into account the UN Migration Standards, judges, when verifying the identity of the migrant, identifying the circumstances that contributed to the commission of the offense, must perform these judicial actions on the basis of the Criminal Procedure Law in a reasonable, fair and humane manner. In the case of detention of a migrant or a member of his family before trial, the judge, in accordance with the UN Migration Standards, should discuss whether there are grounds for informing consular or diplomatic institutions of the migrant's State of origin about the judicial review of the criminal case, as well as the appointment of the person as interpreter and summoning the interpret. The author makes proposals for amendments and additions to the Criminal Procedure Code of the Russian Federation to improve the judicial consideration of criminal cases of migration offenses.

ОКРЕМІ РИЗИКИ МОБІЛІЗАЦІЙНИХ ЗАКОНОПРОЄКТІВ ТА ЇХ МОЖЛИВИЙ ВПЛИВ НА ЗАБЕЗПЕЧЕННЯ ВОЄННОЇ БЕЗПЕКИ УКРАЇНИ

The article analyzes the draft laws No. 10378, 10378-1, 10378-2, 10378-3, 10378-4 and No. 10449 registered in the Verkhovna Rada of Ukraine in December 202 ‒ January 2024, aimed at improving the existing mechanisms of mobilization and increasing the military reserve for the defense forces. The registered mobilization bills identify certain risks that may negatively affect the state of military security and defense capability of the country in the future. The risks of expanding the possibilities of conscription during the mobilization of convicts, suspects, and those accused of committing criminal offenses, as well as the risks of demobilization, have been identified. Proposals for amendments and additions to the draft law No. 10449 of 30.01.2024, the Law of Ukraine "On Military Duty and Military Service", and the Criminal Code of Ukraine were formulated to minimize the impact of these risks on the state of military security of Ukraine.

Austeridade e financeirização: a construção do discurso reformista no campo previdenciário brasileiro

Abstract This article seeks to outline a panorama in the construction of reformist discourses in the Brazilian social security field after the 1988 Federal Constitution, unveiling the ideologies present in such discourses. The study conducted an analysis of the explanatory statements that justify constitutional amendment proposals submitted to the Brazilian parliament. The theoretical and methodological method was critical discourse analysis (CDA), seeking to answer to what extent the conceptions of austerity and financialization permeate the process of construction of the discourses that justify the proposition of the Brazilian social security reforms. The results indicate that capitalist ideologies guided by the logic of financialization and austerity appear in the construction of the reformist discourses, which demonstrates their influence on the authors and suggests the affiliation of the reforms to these hegemonic conceptions. It is concluded that CDA is an important tool to understand the processes that involve public policies, from its formulation to its evaluation.