Proposals For Amendments Research Articles

Evolution of EU technical measures for the avoidance of unwanted catch in the light of scientific evaluation and advice from the STECF; the good, the bad, and the ugly

AbstractThe EU deploys technical measures (TMs) to avoid unwanted catches—here, overquota catches and juveniles of commercial species—including gear specifications and closures. In 2012, the European Commission had asked its advisory committee, Scientific, Technical, and Economic Committee for Fisheries (STECF), to evaluate the TMs and provide recommendations for improvement. In 2012–2013, STECF judged that the TMs had failed to achieve their objectives and identified approaches for improvement: (1) regionalization and move away from top-down management; (2) bottom-up results-based management to internalize the costs to the resource into individual businesses; and (3) abandon threshold percentages of bycatch leading to perverse incentives. In 2014, the new EU Common Fisheries Policy came in force, with a landing obligation (LO), and regionalization. In 2019, the new TM regulation (TMR) came in force. Besides sets of regional baseline measures, the TMR allows for regional proposals for amendments and results-based bottom-up approaches (“the good”). However, the LO is not enforced, therefore, not providing the incentive for change in fishing practices; and despite avoidance strategies being available regional, innovative bottom-up practices are still rare (“the bad”). TMs still contain threshold percentages (“the ugly”). The onus for bottom-up initiatives is on the industry, although new governance structures are needed to facilitate this.

Organization of development work proposals for amendments to the fisheries rules

The article discusses changes in the procedure for organizing work on the development of proposals for amendments to the rules of fishing in accordance with the order of the Federal Agency for Fisheries dated February 18, 2020 No. 85 “On the organization of work in the Federal Agency for Fisheries on the development of proposals for amendments to the rules of fishing”. It is noted that the peculiarity of the fishing rules as a regulatory document is the possibility of prompt amendments to them aimed at forming an optimal fishing regime that ensures the stability of commercial catches and the conservation of aquatic biological resources. The algorithm for making changes is clearly spelled out: sending proposals from state authorities, organizations, public associations, citizens to the territorial administration of Rosrybolovstvo, making proposals in tabular form with the position of the territorial administration, considering proposals at meetings of the biological section of the Scientific Council of the Fisheries Research Institute, reviewing and coordinating proposals with the structural divisions of Rosrybolovstvo, preparation of the draft order by the Ministry of Agriculture and further approval procedure and approval in the form prescribed by law. A prerequisite for the approval procedure for proposals received to amend the rules of fishing is their scientific analysis, which allows, even at the stage of working out the issue, to filter out proposals that do not take into account the norms of the current fisheries legislation or negatively affect aquatic biological resources. The proposed version of the order allows at all stages of the preparation of amendments to the rules of fishing to take into account the interests of all interested parties as much as possible: scientific organizations, regulatory structures, citizens, authorities, the tourism industry.

Control (supervision) of road safety in the paradigm of the ongoing administrative reform

The subject of the study is the normative legal acts regulating the activities of state authorities for the control (supervision) of road safety, law enforcement practice, the study of author's points of view on improving control and supervisory activities. The object of the study is the social relations arising during the control (supervision) of citizens and organizations engaged in activities in terms of compliance with mandatory requirements in the field of road safety.The purpose of the study is to improve legislation in the field of state control (supervision) by state authorities, to prevent, detect and suppress violations of mandatory requirements, through the prevention of violations, assessment of compliance by citizens and organizations with mandatory requirements, identification of their violations, as well as taking measures to curb the identified violations of mandatory requirements. В The scientific novelty of the article consists in the proposal of additions and amendments to the current legislation on state control (supervision) and the presentation of Article 2 of Federal Law No. 248 -FZ "State Control (Supervision) and municipal Control" in an amended version. The amendments will make the mechanism of state control (supervision) of persons carrying out activities in accordance with the requirements more transparent and accessible in terms of pre-trial appeal. The controlled person should have the right to choose to file a complaint. The study used universal dialectical, logical, formal-legal, comparative analysis, hermeneutic methods.

Some aspects of declaring legal acts unconstitutional

The relevance of the study is conditioned by a number of problems of declaring legal acts unconstitutional and the specifics of the consequences of such decisions to guarantee the rights of the individual. This requires a review of approaches to the temporal effect of the relevant decisions of the Constitutional Court, to guarantee the right to review court decisions adopted based on an act that has been declared unconstitutional. At the same time, it is necessary to put forward new proposals for legal regulation of the analysed area, optimal for the rule of law and ensuring the right to a fair trial. The purpose of the study is to clarify certain features and consequences of declaring legal acts unconstitutional to further ensure the rights of citizens and make proposals for amendments to the legislation. The methodological basis of the study is the dialectical and materialist method, general and special methods of legal science, in particular, system and structural, comparative law, logical and legal (dogmatic). The scientific originality lies in a comprehensive clarification of the features of the legal consequences of declaring legal acts unconstitutional and making proposals for regulatory settlement of identified problems in the conditions of Ukrainian law enforcement. According to the findings, the importance of guaranteeing the normative and practical connection between the content of the act and its impact on the damage to anyone, the proportionality of ways to compensate, and the range of legal relations in which such damage can be compensated

Legislative Discourses on Contemporary Slavery in Brazil

This article aims to analyze the perceptions of parliamentarians about contemporary slave labour in Brazil. We examined the opposition speeches to the Constitutional Amendment Proposal (PEC) nº 438/2001, processed between 1999 and 2014. That proposal aimed to establish the expropriation of properties where such a form of work was found. From a methodological point of view, we use Critical Discourse Analysis. Several discursive strategies were identified in order to avoid the approval of the referred PEC. Among them, we chose to analyze the categories that we call ‘inversion of guilt’, ‘fantasy’, and ‘exceptionality’. The study of the speeches showed the inexistence of proposals of policies to confront the issue, policies that were pushed aside in the name of an evasive, conservative and even reactionary debate. We observed an evident concern of parliamentarians with agribusiness but a lesser concern in addressing the conditions in which the enslaved workers rescued by state inspection were found.

Ефективність державної фінансової підтримки галузі садівництва України та напрями її вдосконалення

The dynamics of increasing the productivity of fruit and berry plantations and improving the quality of horticultural products over the last decade is analyzed. The necessity of conducting a study in the field of state financial support for horticulture in Ukraine. The principles of its provision to industry entities assessed. The impact of such support on the sustainable growth of the volume and profitability of horticultural production is shown. On the basis of analytical researches the estimation of efficiency of use of tools of the state support of agricultural production in the field of horticulture of Ukraine is carried out, and the directions of their improvement are formulated. Data on state financial support of economic entities that establish young perennial orchards, store, and process their own fruits and small fruits, as well as data on the production of these products are presented. The dynamics of growth with state support of production in the field of horticulture from 2000 to 2013 and in its absence, the decline in the establishment of new perennial plantations, fruit and berry production and the number of seedling farm properties and their production of homestead material from 2013 to 2017 as well as the growth of these indicators for the restoration of such support from 2017 to 2021. The amounts of state support and the number of sectoral entities that used it in the period 2017-2021 are presented. The positive dynamics of import substitution growth of apples in Ukraine over the last decade as a result of financial support for the construction of refrigerators by economic entities for storage of domestic products is shown. The problematic issues of the horticultural sector that need to be addressed at the legislative level have been identified and specific proposals have been made for the next amendments to the legislative acts. The conclusions of this work were presented to the working group of the Ministry of Agrarian Policy on the development of horticulture for discussion and further use in developing proposals for further amendments to the legislation governing state support for the industry.

Reconstruction’s Last Monument: Judicial Erosion of the Fifteenth Amendment and Section 2 of the Voting Rights Act, and a Proposal for a Constitutional Amendment

Reconstruction’s Last Monument: Judicial Erosion of the Fifteenth Amendment and Section 2 of the Voting Rights Act, and a Proposal for a Constitutional Amendment

КИБЕРПРЕСТУПНОСТЬ В ФИНАНСОВОЙ (БАНКОВСКОЙ) СФЕРЕ

The article examines the essence of the concept of cybercrime with the main classification and typical structure of crimes in this area. The analysis of Chapter 28 of the Criminal Code of the Russian Federation is carried out, conclusions are drawn about existing gaps and legal conflicts. A generalized list of existing problems in the area under consideration has been formed, as well as the main proposals for amendments and additions to existing legislation and measures to counter cyber threats have been formulated.

Beyond Bitcoin: Understanding Legal Boundaries of Blockchain Technology

The current legal uncertainty surrounding blockchain technology can discourage innovators from implementing new blockchain applications. Consequently, it can limitthe development ofthe technology and, ultimately, hinderthe growth ofthis new market. Therefore,this article aims to highlight and address, from a practical standpoint, the prominent legal challenges faced by innovators. The main technical components and applications of blockchain technology – such as crypto-assets, distributed ledgers, and smart contracts – are used as reference points for the analysis. First, the article classifies crypto-assets and specifies (1) when they fall within the scope of banking and finance regulation; and (2) when they fall within the scope ofthe MiCa Regulation proposal (also describing its principles and functioning). Secondly, it investigates the evidential value of distributed ledgers, assesses how they could be exploited in private law matters, and examines the recent proposal of amendment to the eIDAS Regulation. Lastly, it clarifies under which conditions a smart contract can be legally binding and the practical consequences.

A autonomia dos Açores e da Madeira na Assembleia Constituinte | A autonomia dos Açores e da Madeira na Assembleia Constituinte

O Autor passa em revista o debate sobre os principais preceitos relativos à Autonomia dos Açores e da Madeira em sessão plenária da Assembleia Constituinte. O ponto de partida foi o projeto elaborado pela Comissão para tal efeito mandatada. As intervenções feitas durante o debate na generalidade apontavam para uma consensualização rápida e pacífica sobre a matéria, até surgirem objeções de fundo por parte do PCP. Este Partido apresentou numerosas propostas de alteração durante a fase do debate na especialidade, de cuja discussão resultou a compressão dos poderes inicialmente previstos como conteúdo da Autonomia Insular. Daí se originou o “Contencioso Autonómico”, mantido com firmeza pelos órgãos de governo próprio democrático de ambas as Regiões Autónomas e só finalmente solucionado com a revisão constitucional de 2004.

Личное доверие как принцип семейного законодательства

Relevance. Over the past two decades, the process of transformation of familiar forms of family legal relations has sharply intensified, determining the emergence of new, previously unknown or even condemned relations in society, which are gradually legalized in family legislation. The principles of family law remain intact, despite the significant impact of society. However, one of the most important principles of building and implementing family relations - personal trust, has not found its legislative consolidation yet, which, it seems to the author, significantly impairs the quality of the basic principles of family legislation. The purpose is to justify the need to establish the principle of personal trust as the basic principle of family law. The objectives of the study are as follows: to determine the meaning of personal trust as a sign of family legal relations; to identify the specific use of the concept of "personal trust" in judicial practice; to substantiate and formulate proposals for amendments to the Family Code of the Russian Federation in terms of consolidating the principle of personal trust in its norms. Methodology. The article is made on the basis of the dialectical method of scientific knowledge, methods of analysis and synthesis, logical and system analysis, formal-legal. Results. In the course of this research work, the need to give personal trust the status of a principle (the basic principle of family law) was substantiated. Conclusion. Personal trust is an indispensable feature of family relationships, because it is the basis of normal relationships between the participants. "Personal trust" largely predetermines the actions of people not only in ordinary life, but also when it is necessary to make decisions of a legal nature. The author justified the necessity to legalize personal trust as a principle of family law by introducing an appropriate addition to paragraph two of article 1 of the Family Code of the Russian Federation.

Międzynarodowe aspekty retoryki „People’s Daily” podczas protestów w Hongkongu w 2019 roku

The paper analyzes media coverage of Hong Kong’s anti-government protest movement triggered by the proposal of amendments to the extradition law in 2019 as presented in the “People’s Daily”, the main online English-language state media in the People’s Republic of China. This article focuses in particular on the analysis of the narrative related to the international aspects of the protests, i.e., on descriptions of foreign attempts to influence the internal affairs of Hong Kong and China, undermining the principle of “one country, two systems”, or attempts to conduct the so-called color revolution. The way the protests are presented in the “People’s Daily” is therefore interesting as an example of a narrative related to the protection of China’s territorial integrity and defense against foreign interference in China’s internal affairs, especially in the context of Beijing’s pursuit of the full unification of the country.

Pengaruh Kesiapan Perencanaan Detail Bendungan Terhadap Kinerja Pelaksanaan Kontrak dari Aspek Biaya, Waktu dan Mutu (Studi Kasus Pelaksanaan Bendungan Tiga Dihaji Paket 2 Sumatera Selatan)

The Tiga Dihaji Dam Project is located on the Selabung River, Sukabumi Village, Tiga Dihaji, South Ogan Komering Ulu, South Sumatra. In the implementation of this project, several detailed dam planning is needed to support the construction process. Problems that occurred after the determination of the RMK (Rencana Mutu Kerja) as a project implementation guide are (1.) There are no synchronization work between packages (road and bridge access, diversion tunnel), (2.)There are design changes (grouting gallery, specification of main dam embankment material) and (3.) The quarry and borrow land acquisition. These three problems result in the potential for extension time and additional costs significantly.This research aims to examine the steps and methods needed to agree on the necessary contract amendments to overcome problems from the aspect of cost, time and quality. Fishbone analysis method is needed to analyze problems and impacts and to simulate improvement efforts for initial and post-repair conditions. The earned value analysis method is used to estimate the additional costs and extension of the contract execution time.The results of this research indicate a simulation process for the necessary improvement efforts by considering suggestions from competent parties, the Dam Safety Commission, which requires a significant increase in costs and additional implementation time. If the issue of the covid-19 pandemic and refocusing of the budget are also taken into consideration, then overall it will cost around 60% of the original contract and an extension of time for 41 months (estimated to be completed in 2027). Based on the simulation, the proposal for contract amendment from the aspect of cost and time is in progress.

THE RIGHT TO TERMINATE NON-COMPETITION AGREEMENTS DURING THE STATE OF EPIDEMIC EMERGENCY OR STATE OF EPIDEMIC, ANNOUNCED ON GROUNDS OF COVID-19. COMMENTS DE LEGE LATA AND DE LEGE FERENDA

In Art. 15 gf of the Act of 2 March 2020 on special solutions relating to the prevention, counteraction and combatting COVID-19, other infectious diseases and the resulting crisis situations, the legislator introduced a right to terminate non-competition agreements. The purpose of this article is to examine if that right does not interfere excessively with the interests of employees, mandatories and contractors, and if it does not disturb the balance between the parties to non-competition agreements. The research problem is analysed on several levels. The constitutional approach is adopted (in terms of compatibility with: the principle of a democratic state ruled by law; principle of proportionality; principle of equality before the law). Also, interpretation of the examined provisions is presented and complexities it may trigger in practice. Conclusions of the performed analysis are a basis for the presented amendment proposals intended to mitigate the negative consequences of the examined provisions.

THE CONCEPT OF STAFFING COURTS IN UKRAINE

The article is devoted to the formulation of the general definition of government authority and officials whose activities are aimed at staffing the courts, on this basis, proposals are given to improve the current administrative legislation. The research was performed using a systematic approach to staffing activities, taking into account the subject-object relationships that occur in the implementation of relevant activities. The characteristics of the objects of managerial influence as means of clarifying the competence of courts staffing subjects through the disclosure of their activity’s tasks. The essence and significance of the relevant connections in the implementation of courts staffing have been studied. Based on the peculiarities of the administrative and legal regulation of the staffing of the judiciary in connection with the characteristics of the subject of public administration, the general and specific features of a subject of courts staffing are identified. The specific features of these entities, due to the peculiarities of the judiciary as a sphere of their activities, include: staffing of courts, as a rule, is not the main direction of their activities (except for the HCJC of Ukraine and the National School of Judges of Ukraine); staffing of the court is carried out mainly by entities that are not included in the staff list of a particular court, and therefore has an external nature to the court (GRP, HCJC of Ukraine, President of Ukraine, SJA of Ukraine, National School of Judges of Ukraine, judicial self-government and others authorized entities); mostly collegial principles of decision-making. The definition of a subject of courts staffing is an authorized body of state power or its official, whose activities are aimed at ensuring the proper professional level of court officials, ensuring the ability of courts to effectively perform their tasks. The expediency of consideration of a subject of courts staffing in the narrow and broad senses is substantiated. It is pointed out that the current wording of item 6.2 of the Regulations on the procedure for election to and dismissal of the chairman, first deputy, deputy chairmen, and chairmen of judicial chambers of the Court of Appeal of 12.10.2001 is inconsistent with the current norms of Part 4 of Art. 20 of the Law of Ukraine “On the Judiciary and the Status of Judges” of 02.06.2016 № 1402-VIII, in connection with which proposals for amendments to the said Law.

Процессуальная и организационная деятельность следователя при изъятии электронных носителей информации

The article is devoted to the procedural procedure for the seizure of electronic media, taking into account the general rules for the production of investigative actions. The problems of regulating the production of investigative actions, within which it is possible to seize electronic media and law enforcement practice on this issue, are subjected to a detailed study and analysis. It also formulated conclusions and proposals for amendments aimed at eliminating insufficiently clear regulation of legislation and improving law enforcement practice.
 The main goal of the scientific work is to form a correct understanding of the determination of the grounds and the procedural procedure for the seizure of electronic media of information in the course of investigative actions in compliance with the requirements of the criminal procedure law. For this, some scientific ideas on this issue have been analyzed, the provisions of the criminal procedure law in terms of general rules for the production of investigative actions and other provisions of the law related to the procedure for the seizure of electronic media have been studied in detail, law enforcement practice has been studied. We used formal logical, descriptive, comparative legal methods and the method of interpreting legal norms.
 The result of the scientific research is conclusions and proposals on the features of the seizure of electronic media in criminal cases in the field of entrepreneurial activity, on the participation of a specialist and attesting witnesses in the seizure or copying of information from electronic media.

Some Reflections on Constitutional Amendment Movement in the First Half of Moon Jae-In Government: With Special Reference to the Role of the Judicial Bodies

This article aims at looking into the historical, political, social, and institutional considerations that may have influenced the suspension of President Moon Jae-In s proposal for constitutional amendment in 2018. Although broad factors and dimensions can be called upon in this regard, as far as institutional considerations are concerned, a focus will be given to the role of the judicial bodies in constitutional change. Either any abrupt attribution of all the political, social, and economic problems which the Korean society faces to the constitutional system alone and its concomitant idealistic or fundamentalist, partisan and non-consensual drive for comprehensive constitutional amendment as a panacea for such pathologies are doomed to failure. Since any constitutional reform movement should be based upon deliberative consensus on the exact causes of constitutional problems and effective alternatives to the existing constitutional institutions and rules, not only constitutional amendment but also legislative reform and changes in political culture are required for the successful constitutional change. The Korean experience in the first half of Moon Jae-In Government shows that constitutional changes through either formal constitutional amendment or informal change through judicial interpretation of the constitution can be foreseeable

CREATION OF AUTOMATED JOBS FOR “LOANS AND DEPOSITS IN THE BANKING SYSTEM” IN THE DELPHI ENVIRONMENT

This article considers the problems of finding modern secure thresholds for the parameters of cryptographic algorithms. We conducted a comparative analysis of the obtained secure thresholds against the thresholds of the state standard of the Republic of Kazakhstan ST RK 1073-2007 "Means of cryptographic protection of information. General technical requirements." Based on the results of the analysis and taking into account the experience of certification tests, we worked out specific proposals for amendments and additions to this Standard.

Protection of Human Dignity as a Basis for Penalization of Hate Speech against People with Disabilities in Polish Criminal Law

<p>The aim of the study is a legal analysis of the provisions criminalizing hate speech in Polish criminal law, in terms of the protection of inherent human dignity in relation to people with disabilities. Rated whether the absence of special protection under criminal law in the area of hate speech provides the proper respect and protects the dignity of persons with disabilities in Poland, to the same extent and degree as other people. The doctrine of criminal law protection against hate speech was discussed. It was analysed why hate speech against people with disabilities was not penalized and it was shown that legal changes in this area should be preceded by a multifaceted legal analysis, taking into account international standards, and proposals for amendments were characterized by an insufficient justification of the inalienable value of dignity. A discussion was held on the basis of criminalizing hate speech against people with disabilities. It has been shown that extending protection against hate speech to people with disabilities is not questionable and should be based on ensuring that dignity is adequately protected by the rule of law in order to counterbalance limitations resulting from the feature of disability, which is essentially independent of them.</p>

К вопросу о развитии механизма регулирования медицинских отходов

Introduction: at the moment, medical waste is removed from the scope of application of the legislation on production and consumption waste. With its regulatory mechanism, the medical waste management system in practice demonstrates a clear lack of controls over the movement of waste streams. In this regard, the author aims to study the reasons and conditions for the separation of medical waste as an object of law, as well as to determine possible ways to develop legal regulation in medical waste management. Within the framework of the research, the author uses a set of methods of cognition, among which the methods of system analysis, historicism, and the comparative law method prevail. Results: as part of the study, it is found that the attempt to create a more rigid, compared to the ordinary one, system for regulating medical waste, led to a lack of legal institutions in the mechanism of the system. The author considers the scientific concepts of the development of the medical waste sphere, as well as the legislative initiative for its modernization. According to the results of the study, the author concludes that most scientific positions are reduced to the need to bring the regime of medical waste closer to the waste of production and consumption, which, in the author’s opinion, does not take into account the reasons for the isolation of the system and the specifics of the activities of medical and pharmaceutical organizations. Against this background, the initiative to create a centralized system for the management of medical waste, which, however, also needs to be improved, seems more successful. As a result, the author put forward some proposals for amendments to the bill.