Public Regulation Research Articles

Liability of Former Members of the Management Board ofCapital Companies for Public Law Obligations

The article concerns the complex and multifaceted issue of financial liability of former members of the managementboards of capital companies for the company’s obligations, especially in the context of tax liabilities. Thereis a complexity resulting from intertwined legal regulations contained in the Commercial Companies Code andthe Tax Ordinance. Key issues discussed in the text include: the compensatory nature of liability, differencesbetween the treatment of civil and tax liabilities, and specific legal situations arising from both mistakes and intentionalactions of the management board in the context of obligations. Particular attention was paid to the judgmentof the Constitutional Tribunal, which considered the liability of a former board member and the possibilityof defending against creditors’ claims while simultaneously lacking access to documentation and legal tools afterleaving the position. The final question concerns the impact of this verdict on public law regulations and its applicationin the context of tax law.

Redundancies, layers, and dilemmas: Comparing private standards and public regulations in lithium mining

An expanding array of transnational Environmental, Social, and Governance (ESG) standards has emerged to mitigate harms across critical minerals supply chains. This proliferation of international, private governance standards is interacting with domestic, public regulations guiding mining activity in resource rich states. When private and public requirements duplicate, overlap, or diverge they can create inconsistent processes, administrative burden, and dilemmas through a patchwork of basic components in supply chain management (Cashore et al., 2021). Applying a typology of interactions between private authority and public policy to lithium mining in Argentina, we argue that private/public rules are loosely complementary in some respects and independently coexisting in others. Comparing a rigorous private standard, the Initiative for Responsible Mining Assurance (IRMA), to public regulations we find that both include similar provisions for environmental protection and public participation . IRMA provides better protections for indigenous peoples’ participation, though it lacks significant enforcement mechanisms. Questions remain over the private sector's ability to guarantee – in practice – the rights of indigenous and other affected communities, or to protect ecosystems in the rush for critical minerals. Resulting governance dilemmas illustrate an increasingly crowded regulatory space in lithium mining that indiscriminately presumes public regulatory gaps, while it privatizes accountability.

Health policy and regulations in Seychelles – barriers and opportunities for oral health inclusion

BackgroundSuccessful and inclusive policies that embrace oral health as part of the health agenda have the potential to alleviate the burden of oral diseases and to promote dental public health. This study aimed to understand the factors influencing the inclusion of oral health in health and public policy and regulations in the Seychelles. The barriers and opportunities for inclusion / non-inclusion as well as the impact thereof were explored.MethodologyA qualitative approach was adopted using document analysis and interviews as data collection strategies to allow for a complete analysis of the research problem. Using a purposive sampling approach, individual face to face interviews were conducted with patients, dental staff and representatives of the upper management. Policy and related oral health statistical documents were reviewed to ascertain how oral health was located and implemented from a national to a district level. Thematic analysis and content analysis were used to analyse and interpret the qualitative data.ResultsThe study provided insight on how oral health is contextualised in the Seychelles and how public policy and strategic documents influences the oral health outcomes. There is fragmentation in how the health and oral health agendas are managed and it is coupled with a severe lack of involvement and commitment to address the latter.ConclusionOral health needs to be integrated in all relevant policies and public health programmes as part of the broader national NCDs in Seychelles in order reduce the incidence of oral diseases in the population.

Aspartame carcinogenic potential revealed through network toxicology and molecular docking insights

The research employed network toxicology and molecular docking techniques to systematically examine the potential carcinogenic effects and mechanisms of aspartame (l-α-aspartyl-l-phenylalanine methyl ester). Aspartame, a commonly used synthetic sweetener, is widely applied in foods and beverages globally. In recent years, its safety issues, particularly the potential carcinogenic risk, have garnered widespread attention. The study first constructed an interaction network map of aspartame with gastric cancer targets using network toxicology methods and identified key targets and pathways. Preliminary validation was conducted through microarray data analysis and survival analysis, and molecular docking techniques were employed to further examine the binding affinity and modes of action of aspartame with key proteins. The findings suggest that aspartame has the potential to impact various cancer-related proteins, potentially raising the likelihood of cellular carcinogenesis by interfering with biomolecular function. Furthermore, the study found that the action patterns and pathways of aspartame-related targets are like the mechanisms of known carcinogenic pathways, further supporting the scientific hypothesis of its potential carcinogenicity. However, given the complexity of the in vivo environment, we also emphasize the necessity of validating these molecular-level findings in actual biological systems. The study introduces a fresh scientific method for evaluating the safety of food enhancers and provides a theoretical foundation for shaping public health regulations.

Rare Opportunity or History Revisited? The Pitfalls and Prospects of Ethical AI in Light of Public Ethical Responses to the Telegraph

This article undertakes a comparative ethical analysis of the types of public expectations and concerns related to the development of two technologies: the telegraph and artificial intelligence. For each technology I provide a historical survey of public ethical expectations and concerns followed by a survey of the outcome or results of those expectations. Expectations and concerns of the telegraph era public are drawn together from popular and public literature and regulation of the period, whereas the expectations and concerns of our contemporary public AI engagement are drawn both from popular literature and public surveys, and supported by a manual search and ranking of a number of ethics related terms found in the raw feedback of the Stakeholder Consultation on the EU Commission High Level Expert Group Guidelines for Trustworthy AI. I then go on to compare those results, highlighting the similarities and differences between the two technologies, in particular the positive economic and socially responsible use expectations outcomes and the negative concerns regarding monopoly, regulation, and control. Finally, I argue that, taking the telegraph outcome as a guide, an ethical focus on accentuating positive expectations toward AI is more likely to produce definite results than concentrating upon prohibitory and negative approaches.

How social innovations emerge in a rigid regulatory context: the case of demand responsive transport in Switzerland

ABSTRACT Demand responsive transport (DRT) solutions may improve rural transport systems. These solutions often emerge as social innovations in rural areas. In Switzerland, their planning process is embedded in a rigid regulatory framework of the public transport system. The objective of this paper is to understand in which way the regulatory framework of the public transport system influences planning processes of a DRT solution in a rural setting. The methodological approach of social innovation biographies helps to examine the necessary planning steps to start mybuxi, a DRT in two Swiss rural municipalities. Our findings show that regulatory constraints dominate the final planning stage of the social innovation. Protections of current public transport regulations hinder federal offices from subsidizing the DRT, having direct implications on the financial sustainability of the system. The findings of this paper help actors to better address regulatory questions in the early stage of the respective innovation process.

Public Financial Reporting Practices, Regulations and Accountability of State-Owned Corporations in Kenya

Public Financial Reporting Practices, Regulations and Accountability of State-Owned Corporations in Kenya

Balancing supply diversification and environmental impacts: A system dynamics approach to de-risk rare earths supply chain

We introduce a System Dynamics (SD) model to examine policy measures aimed at diversifying the global supply chain of rare earth elements (REEs) and reducing reliance on China. Through meticulous simulation experiments, the paper evaluates the effectiveness of individual policies and their combinations (strategies) on enhancing the Rest of the World’s (RoW) market share, minimizing environmental impacts, and meeting the burgeoning demand for Neodymium—essential for green technologies such as electric vehicles and wind turbines.Our findings reveal that direct governmental interventions, particularly those focused on expanding mining and recycling capacities, significantly bolster the RoW’s market share and decrease unmet Neodymium demand. The study also underscores the importance of environmental regulations in promoting sustainable mining practices, which, while slightly constraining market share growth, result in considerable environmental benefits. Among the evaluated strategies, one combining capacity expansion, recycling, and international cooperation emerges as the most effective, marking a substantial increase in RoW market share and a notable reduction in unmet demand.Furthermore, the paper discusses the complex trade-offs between economic development, environmental stewardship, and supply security in policy-making. It calls for a comprehensive approach that considers economic, environmental, and social factors, including public perception and regulation, in REEs mining.In conclusion, our research provides vital insights for policymakers, illustrating how simulated policy interventions can facilitate informed decision-making in the REEs market. By advocating for a balanced consideration of multiple factors, this study contributes to the discourse on sustainable supply chain management for critical minerals.

Участок недр: особая недвижимая вещь или исключенный из оборота объект публичной собственности?

The article is devoted to the study of the issue of the legal status of a subsoil plot under the current legislation of Russia and possible directions for its development. It is noted that the post-Soviet legal fate of land plots and subsoil plots developed differently, while the current legal status of subsoil plots is not much different from the rules of the Soviet period. The main contradiction of the current legal regulation is the classification of subsoil plots as objects completely excluded from circulation, with the simultaneous recognition of them as immovable things on the basis that they meet the criteria of real estate — they are characterised by an unchanging position in space and are objects of state property. The issue of formulating the definition of a subsoil plot as an immovable property is being considered, and the relationship in this regard between the license data and the mining allotment act is determined. The criteria for delimiting a land plot and a subsoil plot, the legal regime of minerals and underground structures are determined, and the essence of the right of the owner of a land plot to use the subsoil under this plot is established. Proposals to supplement civil legislation with norms defining a subsoil plot and its legal regime are critically analysed, as a result of which the author comes to the conclusion that the optimal solution would be to remove subsoil plots from the list of immovable things, considering them as things subject exclusively to public law regulation (public things). Only the abolition of exclusive state ownership of subsoil plots would make it necessary to extend the immovable property regime to them, for which they would need to be returned to the list found in Art. 130 of the Russian Civil Code.

Corporate zero deforestation commitments and company-internal organizational change

This paper addresses knowledge gaps related to implementation of corporate zero deforestation commitments (ZDCs). Drawing on an analytical framework of organizational change, we scrutinize changes and processes internal to a company in adjusting to zero deforestation supply chains. The empirical data consists of 48 online questionnaires and 49 online interviews with actors involved in forest-risk commodity supply chains, both internal actors in companies and external actors (e.g., non-governmental organizations). Concerning organizational changes, the findings show that diverse drivers have triggered companies to adopt ZDCs, but most are external drivers. Organizational change following ZDCs has taken place within companies but only to a limited extent. Our study concludes that while corporate ZDCs can be seen as having advanced private governance in the fight against deforestation, more is needed still for effective implementation. Public governance and regulations could play an increasing role in stimulating adoption and implementation of private governance initiatives, like corporate ZDCs.

Back in the Driver’s Seat: How New EU Greenhouse-Gas Reporting Schemes Challenge Corporate Accounting

Greenhouse-gas (GHG) reporting schemes for companies are increasingly part of climate-mitigation policies worldwide. Notably, the European Green Deal (2019) boosts new public regulations that oblige companies to compile GHG emission inventories, i.e., account for their emissions in a given system boundary. Along with this boost, the workload for companies increases; at the same time, the quality of reporting is questioned. Given the overarching goal to improve companies’ climate-mitigation performance, the quality of reporting is inseparably connected to the quality of the respective accounting. However, the literature discusses carbon accounting as a universal umbrella term focusing on managerial issues, thus disregarding the crucial role of accounting methodologies in the sense of calculation approaches. In this publication, we apply an analytical approach introducing a clear differentiation between the task of quantitatively accounting for GHG inventories and the task of reporting results from calculated inventories in response to stakeholder or policy expectations. We use this approach to investigate European GHG reporting schemes and related GHG accounting methodologies in detail. Our findings indicate that the current phase of the European Green Deal depicts a quantitative growth in reporting schemes and a significant qualitative change by shifting from formerly voluntary to mandatory reporting schemes, along with the application of accounting methodologies originally not intended for politically compulsory purposes. We analyze the consequences of this shift, which poses new challenges for companies and policymakers, i.e., data-management concepts and refined methodological frameworks.

An Analysis of the Obligations of COMESA Public Procurement Regulations: The Case of Zimbabwe’s Public Procurement Regulatory Framework

With the coming into force of the new Constitution in 2013, public procurement was given a constitutional status in Zimbabwe. The Constitution sets out vital principles that public procurement legislation must comply with. Moreover, it is a requirement of the Constitution that the governance of Zimbabwe must be pursued in accordance with Zimbabwe’s international law obligations. Zimbabwe is a founding member of the Common Market for Eastern and Southern Africa (COMESA). To accelerate interstate trade, COMESA promulgated Public Procurement Regulations (PPR) for regional competitive bidding across member states. The viability of the regional trade agreements is hinged on mutual cooperation. Pursuant to the foregoing, member states are required to domesticate international agreements into their municipal laws. In 2017, the Zimbabwean legislature passed the Public Procurement and Disposal of Public Assets Act 5 to give effect to the provisions of section 315(1) of the Constitution (Amendment No. 20), 2013. The public procurement reform agenda in Zimbabwe occurred close to a decade after the adoption of the public procurement regulations by COMESA in 2009. This article explores the obligations imposed on Zimbabwe pursuant to the public procurement regulations. This is done by identifying the public procurement principles enumerated in public procurement regulations, which are binding on member states. This article endeavours to answer the question: To what extent does the Zimbabwean legal framework conform to public procurement regulations? This article notes that the legal framework underlying public procurement in Zimbabwe, by and large, conforms to the bar set in the public procurement regulations. Nonetheless, it highlights Zimbabwe’s public procurement shortcomings. The article concludes by making possible legislative recommendations.

Predictors of quitting smoking behavior: evidence from Pakistan.

This study attempts to identify factors that significantly encourage the cessation of smoking in the context of Pakistan. The study distributes a modified questionnaire among 421 respondents (current as well as former smokers) in the capital city of Pakistan, Islamabad. The binary regression method was employed to data for analyzing predictors of making quit attempts and successful smoking cessation. The result indicates that respondents having strong intentions to quit, high socioeconomic status, low nicotine dependency, and past quit attempts, and those having no-smoking friends, are more likely to quit cigarette smoking successfully. On the other hand, factors like social pressure to quit smoking, religious information against smoking, intention to quit smoking, and public regulation on smoking are more likely to encourage smokers to make quit attempts. The study calls for community and school-wide smoking cessation campaigns involving officials, peers and parents, religious leaders, and other influential individuals to inform people about the dangers of smoking. In addition, religious leaders should be encouraged to issue rulings against smoking especially during "Friday Prayer." Furthermore, the government should pronounce more strict and comprehensive regulations on smoking by properly monitoring its implementation to encourage cessation of cigarette smoking.

Fiscal multipliers and income inequality (The case of OECD countries, Russia and China)

This study assesses the impact of fiscal multipliers on the level of socioeconomic inequality in 38 countries based on data from the period 2007—2022 with the aim to explore causal relationships between the potential methods of public financial regulation and income indicators in the context of achieving sustainable economic growth. First the fiscal multipliers are estimated relative to GDP, then the obtained data is used to explain the level of income inequality across a broad range of countries. It is shown that the average level of wealth inequality directly influences the level of post-tax income inequality, therefore, addressing income inequality should not neglect other forms of inequality, parti cularly wealth distribution inequality; the effectiveness of fiscal policy has a reverse impact on the level of post-tax income inequality, indicating that a high share of the shadow economy, inefficient tax administration, and redistributive function of public finances contribute to high levels of income inequality . Budgetary instruments for poverty control, targeting, and the efficiency of budgetary expenditures can alter the level of income inequality.

Key Innovations in Financing Nature-Based Solutions for Coastal Adaptation

The implementation of nature-based solutions (NBSs) for coastal adaptation to climate change is limited by a well-documented lack of finance. Scholars agree that financial innovation represents a solution to this problem, particularly due to its potential for mobilising private investments. It remains unclear however how exactly innovative solutions address the specific barriers found in NBS implementation and, given the distinctive local characteristics of NBSs, to what extent successful innovations can be replicated in other locations. This study addresses this issue by reviewing the literature and case studies of innovative financial solutions currently implemented in NBS projects, highlighting which financial barriers these arrangements address and which contextual conditions affect their applicability. We find that there is no “low-hanging fruit” in upscaling finance in NBSs through financial innovation. Innovative solutions are nevertheless expected to become more accessible with the increase in NBS project sizes, the increased availability of data on NBS performance, and the establishment of supportive policy frameworks. The flow of finance into NBS projects can be further enhanced through the external support of both public (de-risking and regulation) and private actors (financial expertise).

Biomonitoring Equivalents for ethylene thiourea

Ethylene thiourea, or ETU, is used in the rubber industry and is a degradation product and impurity in some fungicides. The general public may be exposed to low concentrations of residues of ETU in a variety of ways, including food treated with ethylene bis-dithiocarbamate (EBDC) fungicides or migration from rubber products. Biomonitoring of ETU in urine is useful for an assessment of integrated exposures to ETU across different sources and routes of exposure. In this evaluation, we review available health-based risk assessments and toxicological reference values (TRVs) for ETU and derive Biomonitoring Equivalent (BE) values for interpretation of population biomonitoring data. BEs were derived based on existing TRVs derived by Health Canada, yielding a BE of 27 μg of total ETU/L in urine associated with the Acceptable Daily Intake (ADI) and 6.7 μg/L associated with a 1e-6 cancer risk. These BEs are based on an analytical method that involves a digestion step to liberate conjugated ETU, thus producing ‘total’ ETU in urine. The BE values derived in this manuscript can serve as a guide to help public health officials and regulators interpret population based ETU biomonitoring data in a public health risk context.

Opinion Understanding Epidemics - Steps Towards a Theoretical Epidemiology

Due to the author’s context commitment, epidemiology is understood as a central subfield of public health and medicine. It provides data and models for understanding population’s health risks and thus providing orientation and action for public health. The corona pandemic in particular has shown us many options but also needs for improvement of data-driven epidemiological modelling as it implies difficulties at interpretation compared to explanatory concept-oriented modeling. The modelling was also conceptually quite one-dimensional, using mainly medical data and largely ignoring psychosocial aspects. In addition, the fixation on quantitative observations has led to the neglect of patients’ voices and even the experiences of medical staff. As a result, and because of these shortcomings, public health regulations were likely to be suboptimal and associated with numerous adverse side effects. This has been demonstrated for some countries in Europe, especially Germany.

Current trends in public involvement in crime prevention policing

The relevance of this study is substantiated by the need to implement a strategy of public influ- ence on crime, to improve police-public interaction in the field of crime prevention, new forms and meth- ods of which can be implemented in the activities of the National Police. The purpose of this study was to provide a comprehensive investigation of the practices of involvement of the public, community-based organisations, and individuals in police activities aimed at preventing offences, and of the legal frame- work in this area. According to the purpose and objectives set, the study employed general and special methods and techniques of scientific cognition, including the methods of analysis, synthesis, classification and grouping, which made it possible to investigate a wide scope of scientific discussions on the issues raised. Based on the analysis of secondary sources, it was found that researchers state a prominent level of public trust in the police and other law enforcement agencies, as well as in state and local governments in economically developed countries. Most researchers attribute this to the positive results and consequences of involving the public, community-based organisations, and individuals in policing activities to prevent crime, protect public safety and order, and protect the rights and freedoms of citizens. It was found that in the modern scientific discourse, such successes are associated with the establishment of effective channels of communication between the police and the public and legislative regulation of such interaction. In this regard, the study elucidated the views of researchers on the approaches to regulatory support for the in- volvement of the public, community-based organisations, and individuals in police activities in preventing offences in different countries. The study argued the need for legislative consolidation of certain forms and methods of involvement of the public, community-based organisations, and individuals in police activities aimed at protecting public safety and order, protecting life, health and property of citizens, and preventing criminal offences. The review of the current state of scientific research on the issue formed the basis for further theoretical developments in the field of organising effective interaction between law enforcement agencies and society

Americans’ Views of Fusion Energy: Implications for Sustainable Public Support

Efforts to capitalize on recent advances in fusion energy hold promise for sustainable clean energy. Realization of this promise will require addressing both technical and social challenges. In this paper we focus on the latter, using survey data from a representative sample of the U.S. public to evaluate prospects for sustainable public support for fusion. We demonstrate that while fusion is broadly viewed in a generally positive light across age, gender, and partisan groups, most people concede that they have little knowledge about the technology. The array of images and emotions currently associated with fusion energy technologies tends to be positive, particularly in comparison with those evoked by traditional fission nuclear energy. Trust for regulators and operators of prospective fusion energy facilities is currently quite high and is strongly associated with support for fusion energy. Positive views of fusion also get a boost from technological optimism, but the persistent connection among some Americans to fears of nuclear technologies tends to reduce that support. Implications are that while fusion currently enjoys broad public support, developers and regulators need to exercise care to assure that accidents, overly optimistic claims, and poorly designed and executed regulations do not inflame perceived risks and distrust. As with nuclear fission, continuing investments in a regulatory process for fusion that is grounded in trust, robust technological designs, and a culture of responsible safety will be needed to sustain public support.

Kazakhstan's political repression in the first half of the 20th century: characteristics of the legislative mechanism governing the use of repressive measures

The research conducted enabled us to draw the conclusion that the mechanism of political repression during the studied period encompassed a range of legal and non- egal strategies, as well as organizational and social measures. These were implemented with the objective of attaining political objectives, safeguarding the exist-ing structure, ensuring state security, and upholding the unity of the totalitarian union state. The time under examination witnessed the establishment of both public and confidential departmental regulations, which ef-fectively safeguarded the legitimacy of political repression. These regulations comprehensively governed the whole process of implementing punitive actions. Simultaneously, the ruling bodies of the united communist party held exclusive authority in determining all significant decisions of state entities. The establishment of organizational and legal frameworks for political repression in the USSR was a fundamental component of the totalitarian control structure. This framework facilitated extensive human rights abuses and had a lasting impact on the historical trajectory of the Soviet population over an extended period. The examination of his-torical events of this nature enables us to comprehend the workings of totalitarian regimes and underscore the significance of the rule of law and autonomous institutions in safeguarding civil rights and liberties.