Legislative Regulation Research Articles

Studi Analisis Terhadap Urgensi dan Implementasi Undang-Undang Nomor 8 Tahun 2010 Tentang Tindak Pidana Pencucian Uang

This study is entitled Study Analisys of the Urgency and Implementation of the Law Number 8 of 2010 on Prevention and Punishment of Money Laundering. The development of the financial sector in Indonesia continues to progress, but the legal process has not followed the guidelines set by the Indonesian Financial Law and Regulations on Unlawful Money Transfer. Indonesia has enacted several laws to address this problem, including Financial and Material Law Number 8 of 2010, which aims to maintain economic stability and the integrity of the financial system, promote social harmony, economic growth, and government reform. The Indonesian government has implemented various measures to eradicate money laundering, including bilateral and multilateral forums, the concept of double crime, and the implementation of the "KYC" principle. The government also imposes fines on those who break the law, such as fines, jails, and non-bank fines. In the end, money laundering in Indonesia can be effectively managed through legal action and international cooperation. This research uses normative research methods, using non-fiction data sources, electronic journals, legislative regulations, and other relevant library sources to conduct research. The purpose of this research is to find out the urgency of Law Number 8 of 2010 on the Prevention and Eradication of TPPU and what efforts are being made to prevent and eradicate TPPU.

Measuring and explaining disagreement in bird taxonomy

Species lists play an important role in biology and practical domains like conservation, legislation, biosecurity and trade regulation. However, their effective use by non-specialist scientific and societal users is sometimes hindered by disagreements between competing lists. While it is well-known that such disagreements exist, it remains unclear how prevalent they are, what their nature is, and what causes them. In this study, we argue that these questions should be investigated using methods based on taxon concept rather than methods based on Linnaean names, and use such a concept-based method to quantify disagreement about bird classification and investigate its relation to research effort. We found that there was disagreement about 38% of all groups of birds recognized as a species, more than three times as much as indicated by previous measures. Disagreement about the delimitation of bird groups was the most common kind of conflict, outnumbering disagreement about nomenclature and disagreement about rank. While high levels of conflict about rank were associated with lower levels of research effort, this was not the case for conflict about the delimitation of bird groups. This suggests that taxonomic disagreement cannot be resolved simply by increasing research effort.

On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct; law enforcement practice, general approaches. Part 1. Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary responsibility?

The article criticizes the current situation regulated by law, in which a gross disciplinary misconduct of a judge, entailing the early termination of his judicial powers, is considered as a measure of disciplinary responsibility. The conclusion is substantiated that the early termination of the powers of a judge for gross misconduct should entail a measure of not disciplinary, but constitutional responsibility. The mechanism of constitutional responsibility of a judge is partially provided for by the constitutional innovations of 2020 only for a little over two thousand judges, and the Federation Council can apply it, which is not typical for a legislative body, and which destroys the unity of the status of judges. The rationale for its development should be based on the premise that a judge’s gross misconduct, which deserves early termination of his powers, is primarily a violation of the judge’s oath, which currently does not provide for any consequences under current legislation and corporate regulation. Appropriate proposals are made with the necessary justifications.

Modern Means of Evidence before Administrative Investigation Committees under Jordanian Legislation: A Comparative Study

This study sought to identify the foremost modern methods of evidence employed before the Administrative Investigation Committee for detecting disciplinary misconduct. In conformity with Article 146/B/2 of Civil Service Bylaw No. 9 of 2020, the legislative framework in Jordan has primarily centered on establishing conventional rules governing the presentation of evidence. It is a well-established tenet that the burden of proof rests with the administration, necessitating a comprehensive demonstration of the evidential basis underpinning their misconduct allegations. Therefore, it is the responsibility of the administration to provide indisputable evidence in cases where employees are accused of disciplinary infractions. Simultaneously, employees have to present evidence that contradicts these allegations. Investigative committees are tasked with examining the necessary evidence to establish the accuracy of these claims. The study found a significant gap in the legislative framework pertaining to modern methods of evidence within the Jordanian civil service Bylaw. While these methods are acknowledged in general legal provisions, this recognition is considered insufficient due to variations among different employment systems. Therefore, this study recommends explicitly incorporating modern evidence presentation methods into legislation to align with ongoing scientific and technological progress and facilitate their widespread adoption. Consequently, there is a need to revise legislative regulations governing employment systems and include the methods at the core of this investigation. This study addresses the ambiguity in Jordan's legal framework related to validating allegations against public employees before administrative investigators using an analytical and comparative approach, juxtaposing the legal provisions of Jordan and Egypt in this context.

Extended producer responsibility in e‐waste recycling: A secure path to a sustainable future for UAE

AbstractThe effective waste management of electrical and electronic equipment gains increasing importance in the modern world. This issue is particularly relevant for the countries of the Middle East region, including the United Arab Emirates (UAE). According to the research objectives, this study employs the method of political and legal analysis. The paper investigates the features of legal regulation and implementation of Extended Producer Responsibility (EPR) policies in the waste management of electrical and electronic equipment (WEEE) in the UAE. At the same time, the study aims to analyze the current environmental protection policy and assess the prospects for its development. The research also determines the development directions for the profile environmental policy regarding general priorities in the field of economic development of the country. The results of the study indicate that the country's current policy and legislative regulation in the implementation of EPR are complex and meet modern challenges.

The Strategy of Digital twin Implementation at the Cyber-Physical Enterprises

The strategy of digital twin (DT) implementation at the cyber-physical enterprises is proposed, which is due to the need for high-quality and effective reconstruction of Ukraine. The TISM and MICMAC methods are used to study the factors that influence the strategy of DT implementation to support the guaranteed functioning of a cyber-physical system. 13 main factors, that determine strategy success, were identified, and a model of strategy realization was built in the form of a six-level interaction diagram (digraph). The factors are classified by influence and dependence. The substantiated conclusion is that the state support of DT implementation strategy, the availability of design standards, data protection methods, legislative regulation and implementation experience by other enterprises are key factors to the success of strategy for DT implementation at the enterprise.

The Problem of Legislative Regulation of Judicial Discretion in the Civil Proceedings

The Problem of Legislative Regulation of Judicial Discretion in the Civil Proceedings

Prevalence of traditional eye medicine and self-treatment in Gurage Zone, Rural Ethiopia

IntroductionTraditional medicines are commonly used worldwide, especially in Africa—however, there is limited information on the prevalence and types of traditional eye medicine utilization in Ethiopia. The goal of this study was to determine the prevalence, the type and nature of traditional eye medicine use and practices related to self-medication for ophthalmic diseases in a rural Ethiopian population.MethodsA cross-sectional study was conducted in six randomly selected primary health centers in rural Gurage Zone, Southern Ethiopia. Health-seeking behavior, use of self-medication, and traditional eye medicine were assessed in the population using a semi-structured questionnaire.Descriptive statistics and multivariable logistic regression analysis were computed to determine associated factors for using self-medication and traditional eye medicine.ResultOf the 814 participants interviewed, 487 (59.8%) reported using traditional eye medicine, mainly for combinations of symptoms of ocular redness, irritation, and eye discharge (95.5%). Besides, 604 (74.2%) participants reported self-treatment with tetracycline 1% eye ointment. Older age, females, low income, no formal education, and lack of access to media were risks for utilizing traditional eye medicine.ConclusionThe use of traditional eye medicine and self-treatment are common in this population. Regulatory legislation, public awareness, and making eye care are vital activities required to monitor such practices.

Digital Technologies as a Means of Exercising Electoral Rights of Сitizens of the Russian Federation

The paper provides an overview of digital resources used during election campaigns, highlighting their positive and negative sides supported by cases from practice. Electronic democracy is considered as a logical consequence of introduction of information technologies to the life of society. The paper analyzes remote electronic voting as a subsidiary way of implementing active suffrage in the Russian Federation; The author considers a "Mobile Voter" as an alternative to absentee ballots that meets the requirements of the time; digital services provided through the federal state information system "Unified Portal of State and Municipal Services", as well as the possibilities of artificial intelligence in the framework of elections. It is pointed to the promotion of digital resources for the implementation of not only active but passive suffrage, which is expressed in the possibility of collecting signatures by candidates online. We witness an increase in the importance of AI technologies during election campaigns, as well as the need for legislative regulation of the limits of their use due to the risks of spreading fake information that can influence the opinion of voters about running candidates and, as a result, the election results. Since artificial intelligence technologies are new, there are gaps in the legal regulation of the issue under consideration in the Russian Federation. Thus, the paper indicates the impossibility of solving the identified problem by the point adoption of certain norms and, using the example of foreign experience, emphasizes the need for a systematic approach to the development of an appropriate regulatory legal act and highlights the possibility of forming a new branch of law (a digital branch) due to the announcement of the adoption of the digital code.

Legal responsibility in agricultural relations

In modern conditions of modernization of state agricultural policy, the role of agricultural law, subject of legal regulation, protection of the interests of the entities of agricultural sector, and ensuring food security of the republic is increasing. The goal is to study the features of agricultural legal relations, identifying main problems associated with the application of legal liability. Analysis of the state, use of rules and norms of agricultural legislation and development of measures aimed to support, stimulate, and protect the rights of agricultural producers in Kazakhstan. The methods are based on materials from domestic and foreign scientists, scientific publications, and changes in legislative regulations. A comparative analysis and assessment of legal relations in agro-industrial production were used. Results - the state of affairs is considered and important issues of application of legal responsibility in the context of lawful actions and its features are identified. Various types of violations of legal obligations are analyzed: non-compliance with land use rules, sanitary and hygienic requirements, environmental standards - illegal use of pesticides, abuse of antibiotics in raising livestock, violation of environmental standards that can pollute water or damage the soil. Conclusions - the authors propose a number of effective measures to improve legal behavior in agricultural entities: strengthening control by the state law enforcement agencies, creating more effective punishment mechanisms, increasing awareness of participants in agricultural legal relations, which will prevent unfair practices and will promote conservation of natural resources and environment. Agricultural law presupposes land, property, labor, financial, and management relations in agriculture. This contributes to organizational, production and economic activities of agricultural production entities in accordance with the goals of entrepreneurship in agricultural sector.

Global bioethics in european context

The article analyses the foundations and principles of global bioethics in the European ethical, legal and philosophical contexts. An analysis of European bioethics shows that there are at least three modern models of European bioethics: bioethics as metaethics; bioethics as biolaw; bioethics as applied biomedical ethics. European bioethics originates in the global bioethics of V.R. Potter and F. Jahr, and encompasses not only moral issues of medicine and public health, but also global environmental and social problems. In this context, the convergence of the natural and the human is seen as a rehabilitation of practical philosophy, a further study and development of the principles of practical reason, understood by analogy with the objective laws of nature. The study of constitutions, legislative and legal regulations of European countries has revealed a variety of bioethical principles in the field of biomedicine. However, at the level of legislation in biomedicine, there is a certain influence of the American model of bioethics, biomedical ethics, which is manifested in the principlism methodology and the weak connection between medical and environmental issues. Global bioethics in the European context is characterized by an intensification of bioethical reflection, social relationships and legislative activity in biomedicine within pan-European structures, such as the European Council and the European Union. The defining feature of global bioethics as a phenomenon of European culture and ethos is that its principles can be “activated” only as a semantic and logical integrity. Bioethical principles serve as a kind of harmonising factor of European biopolitics.

Legislative Network and Factors Affecting the Success of Regulatory Legislation

Legislative Network and Factors Affecting the Success of Regulatory Legislation

Perspective Directions of Improvement of Antitrust Provisions of the Trade Law and Certain Related Rules of Trade Activities

The article is devoted to the consideration of promising areas of improvement of antimonopoly antitrust provisions of the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” of December 28, 2009 № 381-FZ, as well as a number of other related rules of trade activities. Based on the results of the analysis, the authors conclude that despite the presence in the legislation of special antimonopoly requirements for retail chains and suppliers of food products, indicating the special attention of the legislator to the issues of ensuring legality in food markets, it is advisable to make a number of amendments to certain provisions of the relevant legal norms. Also, taking into account the changes observed in the retail trade markets in recent years, the authors note that the next stage in the evolution of antimonopoly requirements in the sphere of trade may be the legislative regulation of the rules of trade via the Internet.

ПРАВОВЕ РЕГУЛЮВАННЯ ФІНАНСОВОЇ РОЗВІДКИ ПІДПРИЄМСТВ В УМОВАХ ПОСИЛЕННЯ ВПЛИВУ ЧИННИКІВ СУЧАСНОСТІ

The purpose of the article is to study the peculiarities and problematic aspects of the legal regulation of financial intelligence of enterprises in the conditions of increasing influence of modern factors. Based on the results of the conducted research, it was established that at the current stage of the functioning of the national legal system, the organizational and legal mechanisms for regulating financial intelligence at the enterprise level are weak and require revision, improvement and strengthening. It was established that when considering financial intelligence at the enterprise level, the main emphasis is placed on its structural component, such as competitive intelligence. The ambiguity and specificity of the legal basis for the regulation of financial intelligence of enterprises have been revealed, the main difference of which is the formation of legal norms in interdependence with the peculiarities of the country's legal system and its affiliation to the Anglo-Saxon or Romano-Germanic legal system. It has been proven that the financial intelligence system functions successfully at such well-known global companies as Procter & Gamble and Motorola. The main problems of the introduction and implementation of intelligence activities at enterprises were identified, most of which are due to the insufficient number and inefficiency of the management of information, labour and technological resources of the economic entity. The main vectors of improving the legal regulation of financial intelligence of enterprises in the conditions of increasing influence of modern factors are proposed, in particular: (1) the urgency and necessity of implementing the legislative regulation of the economic and legal category "financial intelligence of an enterprise" is substantiated; (2) the necessity of enshrining at the legislative level the basic organizational and legal principles of increasing responsibility for committing acts related to the unauthorized receipt, use and transfer of information at the enterprise has been proven.

Parental kidnapping as a form of abuse of parental rights

The article explores the legal phenomenon of “parental kidnapping”. It is noted that Ukrainian legislation lacks a definition of this legal phenomenon. The author suggests understanding parental kidnapping as the action of one of the parents regarding the unauthorized change of the child’s place of residence without the consent of the other parent with whom, according to the law or a court decision, the child resides. This includes abduction, leading to a violation of the child’s rights and causing material or non-material harm. Statistical data from the Secretariat of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine for 2022–2023 regarding the number of parental requests for the unauthorized change of the child’s place of residence by one of the parents is provided. The legislative regulation of this legal phenomenon and the peculiarities of holding parents accountable for such abuse of parental rights in Ukraine are analyzed. Ukrainian legal practitioners categorize the actions falling under the concept of “parental kidnapping” as domestic violence against the child in the form of psychological violence, especially towards the other parent with whom the child lived before the abduction. In cases where there are signs of physical injuries on the child, physical violence against the abducted child is also considered. The legal positions of Ukrainian courts in cases of parental kidnapping are discussed. Generally, since there is no legal provision specifying responsibility for such actions, in cases where the evidence presented by the plaintiff parent proves that the other parent changed the child’s place of residence without authorization, the court grants the plaintiff parent’s claim for the return of the child. Proposals are formulated for measures that need to be implemented to prevent, counteract, and legally hold accountable for parental kidnapping.

FIGHTING ANIMAL CRUELTY IN THE RUSSIAN EMPIRE IN THE 2ND HALF OF THE 19TH CENTURY (historical and legal aspect)

Despite the lack of a developed regulatory framework in the field of animal treatment in the Russian Empire in the 2nd half of the 19th century society matured an understanding of the need to pose and resolve this problem. Using the example of Nizhny Novgorod Department of the Russian Society for Animal Welfare, the authors consider various measures aimed at protecting agricultural and domestic animals in Nizhny Novgorod, ways to spread the ideas of humane treatment of animals and improving their living conditions among the general public. Special attention is paid to the study of such areas of the department’s activities as combating the unsatisfactory condition of slaughterhouses, taking measures to capture and keep stray dogs, overseeing the treatment of animals at fairs and other places of trade, regulating the transportation of small livestock and the exploitation of horses. The results of the fruitful work of this organisation in the field of responsible animal management are presented. The rich experience of Nizhny Novgorod Department of the Russian Society for Animal Welfare, accompanied by real positive changes in the field of animal rights, can be used by legislators at the present stage in regulating charitable and volunteer activities of animal protection organisations, in improving the legal regulation of animal transportation, veterinary legislation and regulation of other public relations, the object of which includes the treatment of animals.

TYPOLOGIZATION OF ANTI-CORRUPTION MONITORING LEGISLATION OF CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION

The purpose of the work is to identify regional features of the legislative consolidation of anti-corruption monitoring and typology of legislation in Russian regions. The formal-logical method of studying legal norms was used as a basic methodological approach. He helped establish general trends in the legal regulation of anti-corruption monitoring in regional laws. The dialectical approach helped to analyze individual special norms and identify the features of monitoring measures in those subjects of the federation where an attempt at fragmented regulation was made. The author also used discursive, formal legal and textual research methods. The main result should be the alignment of regional legislation into three groups, depending on the consolidation of the institution of anti-corruption monitoring. The author states that the concept of anti-corruption monitoring established in the legislation of individual Russian regions needs to be adjusted taking into account theoretical developments. At the same time, it must be enshrined in federal legislation in order to unify regional legal norms. The absence of systemic norms on anti-corruption monitoring at the federal level is dictated by the peculiarities of the delimitation of jurisdiction between the Russian Federation and Russian regions in the field of anti-corruption policy

LEGAL CHARACTERISTICS OF PRIVATE DETECTIVE ACTIVITY IN THE REPUBLIC OF KAZAKHSTAN

Private detective work is a professional activity involving the collection, analysis, and provision of information about various events, persons, and objects, commissioned by individuals or organizations. The article underscores the relevance of this field in the context of ongoing reforms in law enforcement agencies, and the authors argue that the legislative consolidation of private detective work can significantly enhance the level of legal assistance to citizens, society, and the state. The legal status of a private investigator should be normatively established, with its own principles, methods, legal status, and cooperation with law enforcement agencies. Justifying the need for legislative regulation, the authors point to the principles that should serve as the foundation for private detectives. The authors emphasize the importance of the interaction of private detectives with state law enforcement agencies for the effective fight against criminal offenses and identify four categories of interaction: legal cooperation, technical cooperation, information field and operational interaction, and support. International norms are crucial conditions for the legal regulation of private detective activities in the country. In the context of global practices, the authors note the commonality of principles, goals, and objectives of private detective activities, but they also recognize the existence of national peculiarities regulated by the legislation and legal system of each state. Additionally, in this article, the authors provide a legal description of the legal status of a private detective and develop recommendations for utilizing the results of their work in the field of criminal procedure.

DIRECTIONS FOR IMPROVING THE LEGISLATIVE REGULATION OF BEATINGS IN THE LIGHT OF COUNTERING DOMESTIC VIOLENCE

The analysis of changes in the Russian criminal legislation establishing responsibility for the commission of beatings is carried out in terms of their impact on the prevention and counteraction of domestic violence. The inconsistency of the legislator in adopting these changes has been revealed, which is a consequence of the lack of consistency in the legislative regulation of countering domestic violence, insufficient use of the potential of criminological science in the legislative process. The analysis of statistical data for 2016-2022 allowed us to conclude that the latency of family and domestic crime has increased due to the decriminalization of single beatings against loved ones, as well as the artificial latency of torture (Part 1 of Article 117 of the Criminal Code of the Russian Federation). Based on the results of the analysis of the empirical base, the authors concluded that the commission of serious domestic violence is preceded by the infliction of beatings and minor harm to the victims and convicts. The suppression and prevention of beatings as a crime with double prevention is a prerequisite for an effective fight against the grave consequences of domestic violence. It is proposed to return the criminalization of single beatings against close people, expanding this concept by including other close people in addition to relatives and relatives.

ON THE ISSUE OF CRIMINAL LEGAL REGULATION OF PRIVATE SECURITY AND DETECTIVE ACTIVITIES

The article analyzes the problems of criminal law regulation of the sphere of non-governmental law enforcement activities on the basis of scientific material, the provisions of current legislation and acts of judicial interpretation. The analysis is undertaken on the example of private security and detective activities through the prism of the corpus delicti provided for in Article 203 of the Criminal Code of the Russian Federation. The material construction of this corpus delicti is indicated. Attention is paid to the criminalizing and qualifying features of this corpus delicti. First of all, the author examines such signs used by the legislator to describe the consequences of this composition as significant harm (part 1) and grave consequences (part 2). Their evaluative nature and uncertain content are noted, requiring specification. In general, the author identifies a number of problematic and controversial issues of legislative regulation of this corpus delicti and the practice of applying relevant criminal law norms, and formulated proposals for their editing and correction