Related Legislation Research Articles

LIMITATION OF CLAIMS – THE PERIOD OF PROTECTION OF A VIOLATED RIGHT BY A PERSON

This scientific article is devoted to the study of such a legal phenomenon as the statute of limitations. It is emphasized that this is not a period for going to court (despite the incorrect regulatory qualification), because that is a procedural term, but the time during which a person, on the condition that he commits a unilateral active action - filing a lawsuit, acquires the possibility of legal protection of the violated subject objective law. This definition reproduces the material and legal essence of this temporal factor. The work examines in detail the issue of the scope of material requirements that are subject to coverage by the legal institution of statute of limitations. It is emphasized that the ancient mechanism does not apply to a number of claims that are essentially non-civil, as well as those that are not implemented in court. But even not all civil law claims can become statute-barred. At the same time, it is indicated that the Ukrainian civil legislation in relation to certain categories of relations has not determined at all the possibility of statute of limitations for certain claims, which is its essential drawback. Currently, the resolution of these issues is entrusted to the judiciary, which, as is generally recognized, is not the best way to solve the problem. In addition, this approach leads to an ongoing controversy in the doctrine regarding the actual effect of the statute of limitations on such relationships. Researched scientific concepts regarding the impossibility of statute of limitations for some claims, which due to their special properties cannot be statute-barred at all, because given their legal nature, there can be no grounds for the beginning of the statute of limitations. The thorough analysis made it possible to establish the merits and demerits of the relevant national regulatory mechanism. The resolution of the issue of not extending the statute of limitations to demands for the cancellation of normative acts (Article 264 of the Code of Administrative Procedure) and the legislator's position regarding the temporal assessment of so-called "ongoing violations" were recognized as positive. The shortcomings should include the fact that the legislator sometimes unjustifiably provided a claim form (rather than the form of a separate fact-finding proceeding) to protective relationships that by their nature did not need it at all. Therefore, the application of the statute of limitations to such demands is incorrect.

From Problems to a Model of Action: Romanian University Ethics Commissions - Case Study

Research on issues of academic ethics from the perspective of ethics committees has been the subject of specialized literature, especially for Research Ethics Commissions and to a lesser degree for committees that investigate and sanction the unethical behavior - Ethical Sanctioning Commissions. The sanctioning commissions play a very important role in maintaining the ethical climate of higher education institutions, by raising awareness amongst the members in the academic community on the effects of committing unethical deeds. Also, legal regulations have a significant impact on the maintain and enforce of an ethical climate in higher education institutions and any other institution or organization. This study: (i) starting with concrete problems facing these ethics commissions in Romania, in the backdrop of the legislation in force and the national jurisprudence and (ii) taking into account the actions taken by the authors, during the period of 2019-2021, to solve these problems, (iii) propose a useful model of actions for all those ethics committees that find themselves in similar situations. The proposed model of action follows the Plan-Do-Check-Act cycle, but in seven steps. In this cycle, the final step, the seventh, may be the first in case of partially solved of the previously ethical issues identified. The presented vision of the ESC's activity opens up new directions of research, at least in terms of conducting comparative studies either on the role and place of these commissions or on the related legislation and even finding new solutions to the problems presented.

Ensuring Information Disclosure and Environmental Impact on Nanoradioactive Operation of Civil Nuclear Facilities in China

Japan was struck by a massive earthquake that triggered a tsunami in March 2011, which led to a severe nuclear accident at the Fukushima Daiichi Nuclear Power Plant of the Tokyo Electric Power Company. Now, more than 10 years later, it is widely acknowledged that the civil nuclear industry is of great importance in reducing greenhouse gas emissions, improving natural environmental quality, and safeguarding national energy security. Nanomaterials and nanotechnologies, which have gained wide consideration in recent years, have shown a wide variety of application potentials in the future nuclear energy system. Thus, China has been developing its civil nuclear industry throughout the years, despite the nuclear accident in Fukushima, Japan. As a result, China is currently one of the countries with the most nuclear power plants. However, due to the potential radioactive risk, the public has an instinctive fear of civil nuclear development. To alleviate the public’s antinuclear sentiment, the Nuclear Safety Law was formally implemented in 2018, and Measures for Disclosure of Nuclear Safety Information were issued by the Ministry of Ecology and Environment of China in 2020, both stipulating that the public has the right to obtain information about nuclear safety and be involved in related activities. The purpose of such legislation is to eliminate the public’s doubts and phobia about the development of the civil nuclear industry. However, challenges still exist. Although such suggestions have been proposed, such as information disclosure and social involvement should begin as early as the siting of such nuclear facilities, mechanisms to provide sufficient compensation to the public living near nuclear facilities should be established, and these suggestions still have not been applied in the law of China and either not been practiced exactly so far. So, even though all the suggestions have strong feasibility themselves under today’s circumstances in China, it is not easy to judge the effectiveness of these suggestions until they are fully practiced. It is the biggest problem of existing works in this paper. To highlight the serious problems in information disclosure and public involvement in the siting and construction of civil nuclear facilities, several case studies were investigated as the major methodology in this research. Moreover, a legislation study was used to analyze the current content of related legislation and regulations. A qualitative methodology was also adopted to summarize the legal problems surrounding information disclosure and social involvement during the siting and construction of civil nuclear facilities. Information disclosure and public participation still face several obstacles in China, even though laws and regulations guarantee people the right to access available information and take part in pertinent decision‐making. This is particularly true when it comes to the siting and construction of civil nuclear facilities. Thus, in the last several years, several antinuclear incidents have been initiated by the public due to a lack of information and mechanisms to participate. According to the examined cases, information disclosure and public involvement are still not sufficient during the siting of nuclear facilities. A relevant compensation mechanism for people living around nuclear facilities has not been established, and public education on basic nuclear safety is lacking. Therefore, public involvement cannot be completely realized. To ensure information disclosure and public involvement in civil nuclear facilities, this article proposes that information disclosure and social involvement begin as early as the siting of such facilities. Furthermore, operators of nuclear facilities and local governments should establish mechanisms to provide sufficient preventive compensation to the public living near nuclear facilities and attempt to popularize the science of nuclear safety to avoid public misunderstanding.

Все новое – это хорошо забытое старое: публичная дипломатия США как инструмент “политической борьбы”

In 2022, the tension between Russia and the U.S. has reached a new high. This trend has been especially noticeable in the information space: influencing public opinion of each other’s populations as well as of global community. Focusing on the concept of “political warfare” (POLWAR), the author analyzes the circumstances of its last notable emergence in the discourse among the American expert community and political elites – the start of the Cold War. The article discovers that American approach to the POLWAR in the first decades of confrontation with the USSR was reactive and even defensive, since the USSR did already have a successful experience of projecting influence on the global public opinion, effectively winning hearts and minds of foreign populations and thus presenting a threat to the newly constructed liberal world order. Hence, the U.S. governments proceeded to a gradual establishment of what later will be called the American “public diplomacy” (PD), including the development of relative legislation, institutes, etc. Thus, the article concludes that PD as a political practice may be considered a product of the Cold War in general and POLWAR in particular, which explains why the American PD has been in systemic crisis since the end of the Cold War. Moreover, studying the latest changes in the U.S. legislation and institutes related to public diplomacy, the author suggests that those events were once again the reaction of the U.S. to the Russian policies which were considered a challenge to the “rule-based world order”. Those steps, however, have been too inconsequent to bring the American PD into the most effective mode. That is why in the POLWAR that started in 2022, the American side fluctuates towards reactive and defensive tactic, mostly focusing on stopping Russian information campaigns influencing the population of the U.S., whereas control over the global public opinion remains second priority and public opinion of Russians is not being considered at all within the framework of this new approach of the U. S. Aside from that the creation of Disinformation Board and introduction of the concept of “domestic PD” likely indicate the desire to boost the public diplomacy resources that are not currently adequate for POLWAR offensive via discovering new talents and ideas among motivated Americans.

ORDENAMENTO JURÍDICO E A PROTEÇÃO DO PATRIMÔNIO PALEONTOLÓGICO: NECESSIDADES PREMENTES PARA A PALEONTOLOGIA NACIONAL

Legal Ordinance and the Protection of Paleontological Heritage: Pressing needs for National Paleontology. This study seeks to analyze the specific legislation referring to fossiliferous deposits in relation to their controversy of jurisdiction, in addition to reasoning about measures to preserve the paleontological heritage after the extraction of fossils from the ground. It is noticed that the rules limit the responsibility for protection and supervision of the competent body. The ANM has its responsibility until the moment of extraction and IPHAN only if the paleontological heritage is listed. The absence of an understanding of what is considered paleontological heritage, and of a specific law designating a competent body as responsible for the paleontological heritage, hinders protection and inspection. Finally, it is concluded that there is a need for greater discussion on the subject, both with the community, as well as in the academic and legal world, in addition to the lack of regulation on the profession of paleontologist and clearer legislation in relation to paleontological heritage. Keywords: Fossil, Paleontological Heritage, Constitution, Brazilian legislation.

Право на жизнь и возможность вмешательства в его осуществление: конституционно-правовой аспект

Introduction. The problems of realizing the right to life are relevant to varying degrees in all countries of the world. Their importance can hardly be overestimated, since the preservation of a full-fledged family, society and the state as a whole depends on their solution. The article examines the problems associated with abortion, surrogacy, the development of biotechnology, death penalty, and analyzes the legislative experience of various states and Russia in these areas. The purpose of the study is to conduct a comprehensive analysis of the problems arising in connection with the realization of the right to life and its possible restrictions. In the course of studying the problems, both general scientific and special legal methods were used: historical and dialectical methods, methods of analysis and synthesis, as well as the comparative legal method. Theoretical analysis. Russia (RSFSR) was the first country in the world to legislate in 1920 to allow abortion. According to the author, artificial termination of pregnancy solely at the request of a woman (without taking into account medical and social factors) causes irreparable harm to society, especially given the difficult demographic situation in modern Russia. In addition, this does not correspond to the guiding thesis of responsibility to future generations, enshrined in the preamble to the Constitution of the Russian Federation. In the context of realizing the right to life, each state faces a problem related to death penalty. Can a state, where the right to life is guaranteed, take the life of criminals? Apparently, each state should decide this issue based on the extent to which a particular crime poses a threat to society, a threat to life and health of people. Results. In our opinion, in countries with liberal legislation in relation to abortion, such as Russia, it is necessary to prohibit abortion at the request of a woman, since in this case the woman’s desire violates the right to life of an unborn child. The state should protect the right to life from the moment of conception, not birth, but this is a long process that should lead to an extensive interpretation of Part 2 of Art. 17 of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation. In addition, Russia needs to pay attention to the legislative experience of Germany and France in relation to surrogacy. In these countries, the legislator has clearly substantiated why surrogacy is in fact a crime against the family. In these countries, surrogacy is criminalized. Also, with the development of biotechnology all over the world, the problems of IVF and cryopreservation of human embryos are acute. This problem can also be solved at the level of legislation by allowing IVF only to married couples (man and woman) who cannot give birth to a child, and by limiting the number of fertilized eggs to a minimum, so that later the issue of destroying unclaimed embryos is not resolved. In general, it seems that in a mature society that wants to develop and tries to prevent the destruction of its state, it is necessary to protect the right to life by all possible legislative methods.

Developing Information Technology Law and Legislation: Analysis of International Experience and Possibilities of Its Application in Ukraine

The purpose of this article is focusing attention on the relevant problematic issues that exist in the sphere of legal regulation of domestic area of high technologies, as well as finding ways of their effective solution. Noted that the legal regulation of objects and phenomena surrounding the domestic information technology (IT) sphere is quite weak and insufficient compared to other countries. Effectively functioning practices of legal regulation of the sphere of high technologies that exist in developed democracies are analyzed for their compliance with the realities of the domestic legal system. Considerable attention is paid to the characteristics of the current state of functioning of IT law and legislation in democracies. The initial successes that have already been achieved in Ukraine in relation to the IT sphere in the past were analyzed. The perspective directions of further development of IT law, as well as related domestic and international legislation, are considered. It is pointed out that the development of both the domestic high-tech industry and the functioning of IT law and legislation are inextricably linked with the democratization of the country. The methodological basis for writing the article was a set of general scientific and special methods and techniques of scientific knowledge.

중국 해양오염방제에 관한 법적 고찰

In order to conserve and manage the marine environment efficiently, China enacted the Marine Environment Protection law in 1982 and has established a pollution control system to respond to marine pollution accidents such as oil and Hazardous Chemicals. In China, oil pollution accidents at sea are classified by type. Under the distributed management structure China MSA supervise the marine pollution caused by ship accident. State Oceanic Administration supervise the marine pollution caused by oil exploration and development. Each department has taken emergency response plan to different type of marine pollution accident. Despite that the government does its efforts to establish a marine pollution control system, large-scale marine pollution accidents such as the 2011 Penglai oilfield spill accident in Bohai Bay and the Sanchi crash in 2018 had occurred. The reality is that the pollution control system and emergency countermeasures did not work effectively. In order to solve these problems, the Ministry of Ecology and Environment unified environmental management tasks through government reorganization in 2018. Ministry of Ecology and Environment started to improve the pollution control system by promoting the revision of the Environmental Protection Management Ordinance on offshore oil exploration and development in 2019. This paper examines the current status of marine pollution accidents and pollution control systems. Providing an effective policy for marine pollution control, suggesting directions for improving the legal system by analyzing the current status and contents of related legislations.

The Relationship Between State Aid and Nuclear Energy and A Legal Analysis of Nuclear Energy State Aid Cases in Terms of European Union State Aid Rules

State aid to the nuclear energy sector has increased significantly within the last decade and in parallel to this increase, controversy about giving state aid to nuclear energy has soared. In addition to this controversy, the existence of a special treaty for nuclear energy, called the Euratom Treaty, exclusion of nuclear energy from the ‘Guidelines on State aid for environmental protection and energy 2014-2020’ and very intrinsic risks and market failuresrelated to the nuclear energy sector distinguish nuclear state aid cases from other energy state aid cases. Considering the scarcity of research dealing with increasing nuclear state aid cases in detail, this research intended to focus on the relationship between state aid and nuclear energy and analyse prominent nuclear state aid cases. During the research, prominent nuclear state aid cases which have shaped the case law and related legislations were analysed. It could be briefly concluded that nuclear state aid cases will likely continue to increase as energy markets become more competitive. But it is very clear that intrinsic risks of nuclear energy and related market failures stemming from imperfect market conditions are keenly appreciated by the European Commission and the European Courts, and nuclear cases are treated more leniently in line with these conditions. This sends a very clear message that the lenient approach of the Commission and the Courts toward the nuclear state aid cases will remain as long as market failures and the Euratom Treaty exist and in this regard, the absence of guidelines for nuclear energy, while it seems like a disadvantage, will ensure the needed flexibility of the Commission when making its state aid assessment in nuclear state aid cases.

The definition of criminal offense, it`s concept, signs and significance (criminal law aspect)

The article reveals the concept of a criminal offense as one of the main definitions in criminal law. Investigated its mandatory features, which are directly of great importance in the criminal legal assessment. It shows the lack of definition of the concept of a criminal offense in the draft of the Criminal Code of Ukraine dated by the 30 of May 2021, which consists lacking of a sign of public danger, and thereby ignores the continuity of the development of Ukrainian legislation on criminal liability and the achievements of the science of domestic criminal law. It covers the issues of differentiation of views on the concept of a criminal offense of the Government of Ukraine and the European Court of Human Rights, an example of one of the cases of this Court («Gurepka v. Ukraine» from the 6 of September 2005) is given and, because of reasoned conclusions, changes are proposed to improve the criminal legislation of Ukraine (which were also not considered in the preparation of the draft of the Criminal Code of Ukraine dated by the 30 of May 2021). The authors consider the importance of a criminal offense in the criminal and closely related criminal procedural legislation of Ukraine. Given the fact that the concept of criminal offense is used in international practice, in particular in accordance with the practice of the European Court of Human Rights, we consider it appropriate to establish the following deadlines for liability: 1) in Art. 63 of the Criminal Code of Ukraine «Imprisonment for a definite term» - a minimum term of three hours (not one year, as in the current Criminal Code of Ukraine, not three months, as proposed in the draft Criminal Code of Ukraine of May 31, 2021); 2) in Art. 32 of the Code of Ukraine on Administrative Offenses «Administrative arrest» - a maximum period of 3 hours of administrative arrest (and not up to 15 days, as now), as well as 3) the authors supported the view of amending Part 1 of Art. 60 of the Criminal Code of Ukraine «Arrest», stating this part as follows: «Punishment in the form of arrest is set for a period of one day to six months», or set an even shorter minimum term of arrest. The criminal-legal significance of a criminal offense is that it depends on: 1) criminal liability of a person (Articles 2, 11, Part 2 of Article 14, Article 17, Article 31 of the Criminal Code of Ukraine), 2) separation of a criminal offense from a minor act (Part 1 of Article 11 of Part 2 of Article 11 of the Criminal Code of Ukraine); 3) the type of sentence imposed from 12 possible for adults (Articles 51-59 of the Criminal Code of Ukraine) or 6 possible types of punishment for minors (Articles 98-102 of the Criminal Code of Ukraine) and the period during which the person will be punished; 4) a criminal record, which is provided only for the commission of a criminal offense and which is valid for a period specified by law (Articles 88-91, 108 of the Criminal Code of Ukraine); 5) the possibility of exemption from criminal liability (Articles 45-49, Article 106, Part 2 of Article 111, Part 2 of Article 114, Part 4 of Article 212, Part 5 of Article 258, Part 6 Article 260, Part 3, Article 263, Part 4, Article 289, Part 4, Article 401 of the Criminal Code of Ukraine etc.); 6) the possibility of release from punishment (Articles 75-87, 104-105 of the Criminal Code of Ukraine); 7) the right of the court to apply coercive measures of a medical nature (paragraphs 2 and 3 of Article 93, Articles 94-95 of the Criminal Code of Ukraine). Keywords: significance of a criminal offense, criminal legislation of Ukraine, decisions of the European Court of Human Rights.

LEGAL ISSUES ON THE IMPLEMENTATION OF THE BLUE ECONOMY IN INDONESIA

The purpose of this study is to determine the legal regulation arrangements concerning the blue economy and solutions to overcome obstacles to the implementation of the blue economy, in this case, are B3 and dumping. This research is normative juridical research, using a descriptive method with a qualitative approach. The data source used in this study is secondary legal material, which will examine positive legal norms. The conclusion that can be stated is that there is no harmonization between articles in one law and harmonization between laws governing environmental management. The solution to overcome obstacles to implementing the blue economy is first to harmonize related legislation. Second, strict legal action and sanctions from the government if there are violations related to marine affairs. Third, the existence of joint patrols between related institutions in the country and patrols between countries.

Affordable defibrillation program: organizational and legal aspect

In recent years, the issues of early defibrillation have received increased attention from both the professional medical community and health care organizers, politicians and legislators. In many countries, special programs have been developed and implemented that can reduce the mortality of people who have suffered a sudden cardiac arrest. The complex of measures taken can significantly reduce the mortality of citizens from acute pathology. The development and implementation of affordable defibrillation in Russia, along with medical, social and organizational issues, also requires a full-fledged study of the legal aspects of this program. One of the main problems that need to be solved is the admission of nonmedical workers and other persons with special training (police officers, rescuers, etc.) to the intervention at the scene of the incident. The implementation of the affordable defibrillation program will require a number of amendments and additions to the federal legislation on the protection of public health, as well as related legislation.

Womens' Career Progression in an Australian Regional University.

This article examines the link between terms of employment (full time, part time and casual) at an Australian regional university and women’s career progression. The literature identifies lack of transparency in recruitment, promotion and retention; mobility and location; and management perceptions of women’s choice to work flexibly as factors impacting on career progression. However, the voices of women working in regional universities and particularly those of professional staff are often not present in current research. This study moves towards addressing this research deficit. Feminist institutionalism is used to analyse the relationship between national legislation, university policies and informal institutional practices in relation to women’s career progression In early 2020, twenty-one women provided written responses to questions on the link between terms of employment and career progression. The main findings tend to support other research about women working in universities; that is, carers need flexible work arrangements. But there are particular differences for women in regional universities who have to travel between dispersed campuses, which brings an added dimension of complexity to career progression. Their choices about terms of employment and fulfilling carer responsibilities resulted in insecure employment for some participants which had an impact on wellbeing and confidence. In addition, care/household responsibilities and the choice to work flexibly had a negative effect on career progression, and managers did not necessarily support flexible work options (despite national legislation that enables employees with child care responsibilities to negotiate flexible work arrangements with managers, and institutional gender equality policies).

TANGGUNG JAWAB HUKUM TERHADAP KERUSAKAN LINGKUNGAN DALAM KASUS LUMPUR LAPINDO MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2020 (UU CIPTAKER)

The narrative about the establishment of Law No. 11 of 2020 has been realized through the ratification of The Job Creation Act on November 2, 2020 by President Jokowidodo. The establishment of The Job Creation Act aims to harmonize legislation that has been considered to hinder the investment and development climate. The number of related legislation causes hipper-regulation regulations so it may be ineffective. The existence of The Job Creation Act combines several instruments of law. One of them is the Law of Environmental Protection and Management (UUPPLH) which was originally regulated in Law No.32 of 2009. As for the substance of environmental issues in The Job Creation Act, some of them have been changed, revoked, and replaced with a new provisions, including provisions on the concept of responsibility in environmental law which known as strict liability. The author takes the description of the case of Lapindo Mud which is the case has not been completed until now as an example of the validity of strict liability principles for businesses whose activities cause environmental damage. This research is a normative juridical research with a statue and case approach. The data used is secondary data. The results showed that the concept of strict liability in The Job of Creation Act experienced a dis-orientation of meaning due to the removal of the phrase "without proof of the element of error". Under The Job of Creation Act, in the case of Lapindo Mud, the party subject to have strict liability is Lapindo Brantas Inc. and the government in this case are also responsible for the disaster, but do not assume to the strict liability.

Problems of surface water protection in the context of land relations in the South of Russia

Aim . The aim was to analyse the use and protection of land surface water bodies in the context of land relations based on theoretical concepts of the inseparability of water bodies and the land occupied by them. Material and Methods . An integrated approach based on a combination of statistical methods and a comparative legal method were used to analyse and compare dynamic and territorial series of cadastral accounting data and cadastral maps. Results . The existing problems in the formation of lands of the Water Fund are caused primarily by inconsistency in maintaining the water register. Therefore, large areas under water bodies are not included in the land of the water Fund and are not protected from arbitrary use. This is fraught with potential harm to water bodies including their complete destruction. Such discrepancies are most typical for most regions within the North Caucasus Federal District. Conclusion . Analysis showed that the actual status of the majority of water bodies in the territory is quite irregular and that there are widespread inconsistencies with the norms stipulated by the legislation in relation to land under water in the independent category of "land of the Water Fund". In practice, the composition of this category is formed independently of the established criteria for such selection. These inconsistencies are due to the inconsistency of the norms themselves regarding the formation of water Fund lands and the disinterest of land users and local authorities in transferring land under surface water bodies to the category of water Fund lands due to restrictions imposed by legislation on their use.

A construction and demolition waste management model applied to social housing to trigger post-pandemic economic recovery in Mexico.

Buildings consume 40% of raw material and primary energy and generate 35% of industrial waste worldwide, making this sector play a main role in raw material depletion, energy consumption and carbon emissions which provoke great environmental impact and worsen Global Warming. Latin American countries including Mexico have the world's highest urbanisation rate (84%) but lack effective construction and demolition waste (CDW) management to thrive in regenerative sustainability, climate change mitigation and post-pandemic economic recovery. This work applies the Spanish current model to quantify on-site 61 Mexican social housing CDW with surveys to workers and supervisors as an additional source of data. The results of the case study show that social housing consumes 1.24 t.m-2 of raw materials and produces 0.083 t.m-2 of CDW. Cement-based, ceramic and mixed CDW represent 83.44% of total CDW. When considering inert soil as a recyclable resource, 78% of the remaining CDW ends in landfills and only 22% of it goes to recycling plants. The implementation of this methodology will deliver sustainable CDW management in Mexico, by minimising CDW production, promoting related legislation and allowing replacement of current construction materials for eco-efficient ones. Furthermore, these data can broaden the Spanish coefficients of the construction resources that become CDW to build an internationally sourced database.

Developing Recommendations on a Consent Model for Health Information in Ireland using a Public Engagement Approach

Abstract A major challenge for healthcare in Ireland today is achieving an appropriate balance between the protection of personal health information, and the use and sharing of such information, to improve care and to provide a more seamless experience for patients receiving care across multiple healthcare settings. Ireland is at an early stage of eHealth adoption. There is a lack of clarity in relation to an appropriate model for the collection, use and sharing of personal health information. As we start to introduce new digital technologies, it is essential that a robust consent model is in place to protect people's rights in relation to health information. Drawing on international evidence, it is important to engage with the public around the introduction of new technologies, such as a national electronic health record. Engagement will ensure that new technologies are implemented in a way that is acceptable to the public; involving people in important decisions about their health information and ensuring that their rights are upheld. To advance this, HIQA, in partnership with the Department of Health and the HSE, conducted the first National Public Engagement on Health Information in Ireland to ask the public their views on how their health information should be collected, used and shared in Ireland. People were asked to share their views through a national survey and focus groups. Building on the findings from the National Public Engagement, HIQA has worked collaboratively with key stakeholders to develop recommendations on a consent model for health and social care. Guidance is also being developed to define the consent model for the various uses of health information. There is an additional need for comprehensive national policy and legislation in relation to health information in Ireland.

What Shapes Taiwan-Related Legislation in U.S. Congress?

ABSTRACT Through a quantitative analysis of Taiwan–related legislation between 1979 and 2020, the article finds that the degree of Taiwan–related legislation is significantly correlated with the degree of tension in U.S.—China relations. While a deteriorating cross–Taiwan Strait relationship is clearly associated with the increasing legislative activities for the sake of Taiwan, an improving relationship from the state of fair to good cannot guarantee a decrease of such activities. A unified government and the extent of the Taiwan lobby are both helpful in passing pro–Taiwan acts but statistically insignificant. A content analysis of pro–Taiwan bills approved by the Trump administration suggests a creeping movement to “normalize” U.S–Taiwan relations with congressional activism and the less-restrained White House as a co–engine.

Mediation as an alternative form of pre-trial settlement of a tax dispute: doctrinal approaches and law enforcement practice

The subject of research is the study of mediation procedure and embedding of mediation techniques in such a specific area of relations, the participants of which are the tax authority and the taxpayer. The settlement of tax disputes is quite understandable, since this mechanism allows to keep an economic entity on the market, on the one hand, and to replenish the state budget on the other.The purpose of the article is to confirm or disprove hypothesis that the current mechanism of pre-trial settlement of disputes established in the Russian Tax Code does not correspond to the techniques of the mediation process. The methodological basis of the research was formed by general scientific methods of cognition, which include the principles of objectivity and system analysis of the information collected during preparation of the publication. At the same time private scientific methods were also used in the work, including descriptive and comparative legal methods, which made it possible to use the practices of foreign states in terms of the use of mediation procedures. The author analyzes the official data published by the tax authority, regarding the number of disputes considered over the period of the past three years.The main scientific results, scope of application. The study made it possible to gain new knowledge in the field of legal regulation of mediation. The presented foreign experience demonstrates that at present Russia is only at the stage of formation of mediation. Most people do not yet understand what exactly the advantages of mediation. The existing procedure for the judicial settlement of a dispute attracts its participants due to the fact that the current state fees are very low compared to their foreign counterparts. All kinds of legislative transformations lead to an ambiguous interpretation of legal norms, which often defy literal interpretation, followed by conflicts in law enforcement. Since the practice of using mediation sessions is not widespread at present, a large number of debatable questions arise about the procedure for conducting mediation, the possibility of fiscal body participation, determining the categories of disputes in which negotiation techniques can be applied.Conclusions. Mediation is a systemic process that allows constructive negotiations between the parties involved in the dispute in order to resolve the problem and possibly reach an agreement on the settlement of the dispute. At the same time, it is emphasized that the lack of law enforcement practice complicates the process of researching the institution of tax mediation. The role of a mediator in legal relations (with the tax authority as a participant) is a person who must create a constructive atmosphere for discussing the conflict; adhere to the principles of mediation; assist in finding solutions without expressing his opinion on the agenda. This role of mediator is not adequately reflected in the legislation in relation to tax disputes.

Commercialization of the activities of medical institutions — a steady trend

The features of the economic activity of budgetary institutions, including the restrictions and prohibitions established by the current legislation in relation to budgetary institutions, the interests of the state and medical institutions from the position of further improving the efficiency of their activities in the provision of paid medical services are considered. The analysis of the novelties of the legislation regulating paid services provided, including by budgetary medical institutions, is carried out; legislative initiatives to expand the independence of budgetary institutions, including in terms of the disposal of income received by them from income-generating activities; recent changes in the legal organization of medical activities, including clarification of the contractual mechanism for the provision of paid specialized services by medical institutions.