Regulatory Objects Research Articles

Rule-based versus AI-driven benefits allocation: GDPR and AIA legal implications and challenges for automation in public social security administration

ABSTRACT This article focuses on the legal implications of the growing reliance on automated systems in public administrations, using the example of social security benefits administration. It specifically addresses the deployment of automated systems for decisions on benefits eligibility within the frameworks of the General Data Protection Regulation (GDPR) and the Artificial Intelligence Act (AIA). It compares how these two legal frameworks, each targeting different regulatory objects (personal data versus AI systems) and employing different protective measures, apply for two common system types: rule-based systems utilised for making fully automated decisions on eligibility, and machine learning AI systems utilised for assisting case administrators in their decision-making. It concludes on the combined impact that the GDPR and the AIA will have on each of these types of systems, as well as on differences in how these instruments determines the basic legality of utilising such systems within social security administration.

Observe, inspect, modify: Three conditions for generative AI governance

In a world increasingly shaped by generative AI systems like ChatGPT, the absence of benchmarks to examine the efficacy of oversight mechanisms is a problem for research and policy. What are the structural conditions for governing generative AI systems? To answer this question, it is crucial to situate generative AI systems as regulatory objects: material items that can be governed. On this conceptual basis, we introduce three high-level conditions to structure research and policy agendas on generative AI governance: industrial observability, public inspectability, and technical modifiability. Empirically, we explicate those conditions with a focus on the EU’s AI Act, grounding the analysis of oversight mechanisms for generative AI systems in their granular material properties as observable, inspectable, and modifiable objects. Those three conditions represent an action plan to help us perceive generative AI systems as negotiable objects, rather than seeing them as mysterious forces that pose existential risks for humanity.

Beyond bias: algorithmic machines, discrimination law and the analogy trap

ABSTRACT This article shows how the ‘challenge of regulatory connection’ in an increasingly algorithmic society triggers legal responses guided by analogies between the 'human' and the 'digital' realms. Focusing on non-discrimination law, it argues that analogical reasoning, however, masks how the affordances of algorithmic systems challenge the epistemological foundations of the law. This article unpacks the ‘analogy’ black box to shed light on the normative implications of its abstraction operations. It articulates three central 'traps' that result from attempts to transpose discrimination laws to algorithmic machines and their biases. Thereby, it shows how algorithmic artefacts mediate, displace and erode the regulatory objects, forms of subjectivity and modes of reasoning traditionally constructed by the law. The aim is to expose how algorithmic rationality unsettles the patterns of power distribution and the allocation of burdens and benefits enacted by legal techniques and to give visibility to alternative normative options.

A Conceptual Model for Evaluating Digital Intellectual Assets

The object of the study is the valuation and commercialization of digital intellectual assets. The subject of the study is a conceptual model for assessing the value of digital intellectual assets, reflecting the regulatory framework, objects, subjects, principles, approaches and methods of evaluation involved in civil turnover. The relevance of the study is related to the development of the digital economy and emerging new types of digital assets, including digital intellectual assets, which require their identification and the formation of a theoretical and methodological basis for valuation. The purpose of the study is to build a conceptual model for estimating the value of digital intellectual assets for subsequent commercialization with consideration of the identified identification characteristics, substantiated principles, factors, approaches and methodological tools. The methods of comparative analysis, generalization, classification, logical, semantic and functional modeling, cost estimation are used in the paper. The trends of digitalization of the economy are analyzed, the identification features of digital intellectual assets are determined based on the study of the concepts of “digital asset”, “intellectual asset”, “object of valuation”. A semantic model of the valuation of digital intellectual assets is proposed, illustrating the relationship of its conceptual elements. A process-functional model for estimating the value of digital intellectual assets in IDEF0 notation is constructed. It is concluded that digital intellectual assets as objects of valuation in the conditions of the current regulatory regulation are: 1) the results of intellectual activity created with the use of digital technologies, for which digital rights are fixed in the information system in the form of NFT tokens; 2) digital rights to use intellectual property objects that exist in digital or other forms. Their cost can be determined by the method of analogues, the method of discounted cash flows or the cost of creation method, depending on the purpose of the assessment, the identified factors and taking into account the principles of evaluation.

Law Enforcement of Corruption in The Business Framework of State-Owned Enterprises in Indonesia

: Law enforcement of corruption by corruptors still has gaps to be exploited by irresponsible parties in weakening the position of political or business opponents. The formulation in the legal system of criminal acts of corruption is unclear, making law enforcers less professional in applying the law in the field of criminal acts of corruption. The purpose of this study is to analyze and find corruption law enforcement regulations within the BUMN business framework that are not yet based on the value of justice and the weaknesses of corruption law enforcement regulations within the current BUMN business framework in Indonesia, as well as the reconstruction of corruption law enforcement regulations in Indonesia. SOE business framework based on the value of justice. The research method used is constructivism paradigm, sociological juridical approach, and qualitative analysis. The results of the study show that the law enforcement regulations for corruption within the BUMN business framework are not based on the value of justice, that the state financial loss will be closely related to the provisions of Law no. 1 of 2004 concerning the State Treasury and provisions related to the position, duties and functions of the Supreme Audit Agency (BPK). 2) The weakness of the legal substance is that in substance the existence of 4 (four) laws and regulations that are multi -aspects in BUMN and have different regulatory objects from each other have resulted in confusion over the financial accountability of BUMN. The weakness of the aspect of legal structure is that there is no synergy between law enforcers so that it is no longer fragmentary and the existence of the paradigm of the judiciary shows that the legal structure came first but has not yet been followed by adequate legal substance. Weaknesses in the aspect of legal culture are often subjective in nature which highlights, among other things, the loyalty and loyalty of law enforcement officials in carrying out and carrying out state duties, patterns of behavior and professionalism of officers, being one of the main issues that must be studied for reform and a solution in enforcing criminal law. corruption within the framework of an integral SOE business.

Influence of heterogeneous environmental regulation policies on the strategy of pollutant discharge for enterprise: an evolutionary game approach

To improve the effectiveness of the government’s environmental regulation policy, this study aims to solve the problem of the low willingness of enterprises to cooperate. This study redefined and defined the types of environmental regulations based on the policy realization path, and gradually added them into the game system between the government and enterprises, using the evolutionary game to analyze the impact of different regulatory means on the enterprises’ choice of whether or not to cooperate with the regulatory policy, and using MATLAB to perform a numerical simulation to compare the degree of impact. In this way, the best regulatory objects of different regulatory means were determined, and the theoretical basis and practical reference for the government to implement classified governance policies were provided. In addition, this study for the first-time classified enterprises based on the relationship between the number of pollutants discharged by enterprises and the government’s pollutant discharge quota, and incorporated them into the model for further research. The results showed that the government should implement administrative regulations for enterprises discharging a small number of pollutants; implement a combination of administrative and market-oriented regulations for enterprises discharging a medium number of pollutants; implement administrative, market-oriented, and socialized regulations at the same time for enterprises discharging a large number of pollutants. Moreover, these should be based on the premise of reasonably arranging the performance appraisal of local governments.

The Dilemma and Countermeasures of Legal Control of Atmospheric Haze and Smoke Dust Pollution

Smoke dust is an important factor leading to haze pollution. There is no doubt about the serious impact of smoke dust pollution on public health, life and economic development. A consensus has been reached on the use of legal means to control smoke dust pollution. However, the existing laws still have too many problems to deal with the increasingly complex smoke dust pollution. It is a must to change the regulatory objects of the current “Air Pollution Prevention and Control Law (APPC Law)”, speed up the establishment of a regional joint prevention and control legal system, and establish local characteristic legislation in accordance with local conditions. We need establish a “three-in-one” legal system for the prevention and control of atmospheric haze and smoke dust pollution with “APPC Law” at the top, local legislations at the bottom and regional joint prevention and control law in the middle.

Algorithms as regulatory objects

ABSTRACT The recent dispersion of algorithms throughout a large part of social life makes them valid analytical objects for sociology in the twenty-first century. The ubiquity of algorithms has led to increased public attention, scrutiny and, consequently, regulation. That is the focus of this paper. I will show that such regulatory processes are not just aimed at preventing certain algorithmic activities, but that they are also co-producing algorithms. They determine, in specific settings, what an algorithm is and what it ought to do. I will illustrate this by comparing two different European regulations aimed at algorithmic practices: the regulation of trading algorithms in the German High Frequency Trading Act and in the Markets in Financial Instruments Directive (MiFID II), and the regulation of personal data processing in the General Data Protection Regulation (GDPR).

Application of mathematical models in design and assessment of sewer network facilities

The application of mathematical models has been expanding in the field of sanitary and environmental engineering. Mathematical models are used in the design and assessment of sewer networks and their facilities. Sewer network models make it possible to create a model of hydraulic and Physico-chemical processes in wastewater flowing through the sewage network. The number of extreme rainfall events is increasing due to climate change. It causes a collapse in the infrastructure of urbanized areas. It is possible to investigate the flow of wastewater under extreme rainfall and to propose measures to eliminate adverse events using mathematical models. Nowadays, it is possible to use modern calculation procedures, which are used to dimension and assess existing facilities. This paper aims to focus on the application of numerical models in the design and assessment of combined sewer overflow chambers. The combined sewer overflow serves to carry away a part of the rain flows from the network to the nearest suitable receiving water body. Their main task is to reduce the uneven load of wastewater treatment plants by rainwater. The combined sewer overflow chambers distribute the inflow into the flow going to the wastewater treatment plant and the lightened flow going to the receiving water. The aim of this paper is to summarize the knowledge of CFD modelling and to get acquainted with the basic principles. In brief, the normal flow describes its simulation using two basic models. Finally, it focuses on the recapitulation of foreign studies and their use in the assessment and design of relief chambers and regulatory objects of the single sewer networks.

The concept of the mechanism of managing the intellectual resources of the innovative active enterprises’ employees (experience of Great Britain)

Introduction. Management of competencies of innovative workers in specific conditions of functioning of innovatively active enterprises as producing ecosystems is considered as the dominant direction of managing the process of production of new knowledge, localized within a specific organization, which can increase the consumer value of final consumption goods/services in the process of global value chains’ formation.
 Aim and tasks. The purpose of the publication is to summarize United Kingdom practices in the management of intellectual resources of innovatively active enterprises.
 Results. The purpose of the United Kingdom science and innovation policy is to develop the professional skills of the population, to organize world-class research and education, to apply knowledge and skills to develop a competitive economy. The established network of science and innovative policy management entities is in line with the open innovation demand model, which implies the establishment of effective cooperation between universities, business organizations, suppliers, consumers. The generalized model of organizational and economic mechanism of regulation of intellectual resources of innovatively active enterprises personnel as knowledge-intensive sociocentric networks is presented in the form of a structured system focused on the behavioral aspects of the activity of subjects of production of new knowledge of means of regulatory and indicative influence on the configuration of regulatory objects that are subordinated to the sub-system in the conditions of global competition.
 Conclusions. To fully meet the requirements of innovating the organizational and economic mechanism regulation of intellectual capital’ innovatively active enterprises corresponds to the incorporation into the toolkit of realization of the purpose and tasks of development of the means of forecasting the future state, structure, prospects of increasing the value of its elements. This trend of modernization provides an opportunity to increase intellectual capital through the introduction of Foresight procedures for analysing the impact on it of scientific and technological innovations, formulating and modernizing the mission of forecasting inclusive social capital, comprehensive specification of the regulatory sector, taking into account economic macro and mesoscenarios. At the same time, the proposed means increase the degree of scientific substantiation of the processes of regulation of enterprise development by implementing the analysis of alternative scenarios of intellectual capital growth of innovatively active ecosystems of microeconomic level, open the possibility of developing technological roadmaps for the implementation of targeted programs for long-term research, long-term research development of themes and programs for the implementation of applied social technologies at the request of stakeholders.

Strategic priorities of regulating the investment and innovation processes in electric power industry of the South-Eastern region of Ukraine

Substantiating the priorities of regulating the investment-innovation processes in the electric power industry is of essential practical use for Ukraine and its regions. The priorities should be determined following certain principles to improve the efficiency of their application through organizational, managerial, and economic approaches to promoting low-carbon development consolidated with priorities concerning climate change, economic development, and perspective competitiveness. The paper aims is to examine the main strategic priority directions of regulating the innovation and investment processes occurring in the electric power industry of the country. In this scientific work, the priority directions concerning the regulation of investment and innovative processes of the electric power industry of the South-Eastern region of Ukraine and the directions of its realization are offered. Regulatory objects are specified. The conceptual provisions of the strategic priorities for the regulation of investment and innovation processes in the electricity sector of the state are outlined, as well as the goals, principles, and imperatives are determined. The paper emphasizes that the South-Eastern region of Ukraine is characterized by a high capacity for the development of renewable electricity. An in-depth study of several basic regulations that determine the priorities for regulating innovation and investment processes in the electricity sector of the South-Eastern region is carried out. The main challenges of the industry development are summarized. The risks it carries for the regions of the state as well as the opportunities it gives them, including the attraction of investments, are indicated. As a result of the study, the range of priorities of direct and general nature was outlined.

COMPARATIVE CHARACTERISTICS OF THE AMERICAN AND BRITISH PEER-TO-PEER LENDING MARKETS

Peering lending arose as a response to the challenge of time at the moment when banks showed their weak points: extreme over-regulation and sluggishness. It is the reason leading to the emergence in the global financial market of a new mechanism — peertopeer lending, which requires a comprehensive study, which is advisable to start with an analysis of peer-to-peer lending markets in two founding countries — the United Kingdom and the United States. The stages of development of the peering mechanism in these countries reflect the trends of the world market as a whole. The structural and dynamic analysis made it possible to identify general trends in the development of markets in terms of slowing their growth rates over the next five years, which indicates that markets have reached their maximum and the need to find new ways of qualitative development in order to increase the numbers. Analysis of differences in legislative regulation of markets showed that the main differences are based on the use of different peer-to-peer crediting models in the UK and the USA, which in turn leads to nonidentical regulatory objects from a legal point of view, although in general the concept of peer-to-peer lending does not change.

Reserve and regulatory objects in accounting theory and practice: origins and evolution of the world accounting thought within the framework of the developments by the western ukrainian scientists of the 19th - middle 20th cent. (opinion from the modern age perspective)

There are growing risks in the conduct of financial and economic activities by economic agents in the conditions of the modern economy, and because a reliable information base is needed both for management purposes and for market counterparties regarding the means actually available at an enterprise to overcome the risk of loss (reduction) of capital. Accounting and public

Towards a reference model for the cold chain

PurposeGeneric business process models for the supply chain do not cover the specific requirements of the cold chain catering to the needs of temperature-sensitive, perishable goods. The purpose of this paper is to draft a reference model specific to the cold chain.Design/methodology/approachFollowing an object-oriented modeling approach, conceptual elements that have been synthesized from a literature review are transferred into the static view (object model) of the reference model. In addition, the reference model’s dynamic properties representing the business process view are outlined.FindingsWhile a few atomic process steps are sufficient to model the cold chain’s dynamic properties, the complexity of the cold chain lies in the object model. The classes of the object model are highly interrelated and cover four domains: perishable product, information technology, infrastructure/equipment and regulatory framework. This technical approach is more adequate to the complex nature of cold chains than typical business process models.Research limitations/implicationsIn the present draft status, the reference model is limited by the pure conceptual approach of this paper. As it is in the nature of things for a draft of a reference model, case studies to challenge the draft and a discourse of experts are required before detailed specifications can be added or any software implementation can be started. It is expected that the reference model is able to substantially support further research on cold chain design and optimization.Practical implicationsThe cold chain reference model is intended to be a standard toolbox for planning and evaluating cold chains. By integrating the technical, information technology and regulatory objects behind the business processes, it allows to design and analyze cold chains from a more holistic perspective.Originality/valueTo the best knowledge of the author, this paper is the first to outline a reference model for the cold chain that goes beyond the business processes.

Dynamic correction application in control systems of inertial technological objects

The paper considers dynamic correction method to achieve the required safety factor, regulatory inertia objects under changing operational conditions. Structural solutions of correction channel are proposed and their tuning methods are given. Simulation of transients is completed, calculation and comparison of quality control indexes are given. The application of these techniques ensures sufficient stability margin while maintaining the quality of functioning regulatory systems

Chemicals as Regulatory Objects

This reflective article explores how different regulatory regimes concerned with the industrial use of chemicals conceptualize chemicals as regulatory objects in different ways. The United States Toxic Substances Control Act characterizes chemicals as risky objects, the European Union's REACH regime characterizes chemicals as market objects and the Californian Green Chemistry Initiative characterizes chemicals as scientific objects. The malleability of chemicals as regulatory objects has implications for debates about international chemicals regulation, including the need for a more nuanced debate and greater regulatory imagination.

Walking the tightrope: Expectations and standards in personal genomics

The sociology of expectations has examined ways in which future expectations shape how technological options are selected and stabilised. Personal genomic susceptibility testing (PGST) is introduced as an example of a technology where expectations serve a crucial role, thanks to the inherently future-oriented nature of testing for genetic susceptibility to future health conditions. Nonetheless, expectations may increase rather than decrease scientific, regulatory and commercial uncertainties surrounding a technology. Technology promoters may therefore enact particular strategies to prove that technologies are not in need of stringent, technology-specific regulation. With the aid of an extensive historical analysis of company websites, together with semi-structured interviews with company representatives, it is shown how four PGST companies based in the United States have used efforts towards collaborative standardisation as ways of stabilising and legitimating PGST in an often hostile environment. We explore how these strategies make use of expectations, and how they centre on the promotion of new ‘regulatory objects’ in an effort to influence regulatory agendas. Although processes of standardisation in the PGST industry have stalled, we suggest that they nonetheless represent successful engagement with regulators, insofar as they have succeeded in shaping regulatory agendas and staving off new regulation.

Arbiters of Waste: Date Labels, the Consumer and Knowing Good, Safe Food

The importance of date labelling in informing both retailers and consumers how long a food will remain edible, safe and of sufficient quality makes it a prime site for the identification of, and intervention in, food waste. This paper examines the historical and spatial evolution of the date labelling system in the UK. The paper shows how reforms to date marking have occurred in response to shifting concerns about food quality, safety and latterly waste. It distinguishes four periods during which labels moved from an internal stock control mechanism to a consumer protection mechanism, a food safety device and recently emerged as a key element in the fight against food waste. Contributing to recent sociological studies of food labelling, the paper charts changing understandings of the role of the label in mediating between consumers, the food industry and regulators. It shows how regulatory objects such as date labels materialize societal concerns about food and situates contemporary efforts to reform date labelling in relation to prior articulations of consumer, government and industry interests.

Competition of Agencies in European Pharmaceutical Law – Does It Exist, Is It Desirable and How to Handle It?

Rarely has international law been investigated from a Business to Agency (B2A) or even Agency to Agency (A2A) perspective. In recent years, the “mushrooming” of agencies at European level has triggered the importance of looking more closely into the relationship of the agencies towards each other. Is there a struggle over competences and regulatory objects, and would such competition lead to desirable outcomes? In this paper I will first show that, due to the historical development of administrative law in Europe and the USA, the perception of the desirability of agency competition differs. I will then contrast these findings with EU pharmaceutical law and show that it tends to avoid competition. Also, in practice, competition among agencies is still exceptional for European pharmaceutical regulation. Finally, I conclude these findings and hint at the limits of the desired process for further coherence. Although a move towards even greater convergence in European risk regulation is desirable, it does have its limits set by the principle of conferral in Article 5 (1, 2) EU read in conjunction with the areas of shared competence and the competence to support, coordinate and supplement.

An Analysis of Standards‐based Regulation in the EU Organic Sector, 1991–2007

Against the background of a discussion of recent analyses of capitalist subsumption of agriculture and of neo‐liberalism, the paper uses a ‘liberal governmentality’ framework to trace the development of the EU Regulation on organic agriculture from its adoption in 1991 to its recent repeal and replacement in 2007. The central argument is that regulatory development took the form of a cycle of elaboration, tightening, increasing deviation and finally a ‘return to principles’ in order to reduce deviation. At different stages in this cycle, different groups of ‘stakeholders’, including experts, were influential. Likewise, different forms of expertise became dominant or were sidelined. Meanwhile, ‘capital’ in its different incarnations remained marginal throughout. The paper leaves open the questions of the generalizability of this analysis to regulatory arenas other than the EU, as well as to regulatory objects more central than organic agriculture to capitalist accumulation.