Public Rights Research Articles

The legal regime for cryptocurrencies in Kazakhstan and impossible control of their circulation

Development of a legal framework for cryptocurrencies in Kazakhstan is described in this article: from very first steps in 2018 when financial intermediaries were just warned from use of Bitcoins and alike in their transactions to prohibition of their circulation established into 2020, with cancellation of the prohibition and strengthening regulation of crypto mining in 2023. Authors show that neither existence nor absence of a legislative restriction of cryptocurrencies’ circulation can help the State to control respective turnover. Respectively, no efficient solution can be said existing to both support a public order and protect individual property rights to cryptocurrencies. Keywords: Republic of Kazakhstan, cryptocurrency, Law on Informatisation, digital assets, AIFC, digital mining, regulation, legal framework.

Public good, mindful bodies and human rights: a narrative investigation of the health-related experiences of unhoused adults confined in the Strandfontein Camp during the first wave of the COVID-19 pandemic in Cape Town, South Africa

ABSTRACT This paper explores unhoused people’s health-related experiences and perceptions of the implementation of the City of Cape Town’s COVID-19 policy involving the movement of people to the “Strandfontein Camp”, undertaken during the South African lockdown from March to April 2020. This policy was intended to serve as a public health measure to protect people from the spread of the virus. It ultimately resulted in the forced relocation of about 1600 people experiencing homelessness in the city to a temporary camp. A qualitative exploratory study design and the theoretical framework of the “three bodies” of the anthropologists Scheper-Hughes and Lock guided the study, which explored the perceptions of those who were moved to the Camp. The participants’ narratives about their body-self, the social representations, surveillance and control of their bodies by the City were also central to navigating the complex relationship between public health interventions, human dignity and rights. The findings highlight the importance of revising the approach to shelter for people experiencing homelessness to ensure the implementation of effective and equity-focused health interventions during a global pandemic. The findings also point to the need for more consultative and nuanced public health responses in the future and for pandemic readiness.

Public right of access to private land: examples and considerations

ABSTRACT Public right of access, everyman’s or everyone's right, freedom to roam, right of public access to the wilderness and the right to roam are terms used for concepts that give people an independent right of access to forest land and rural areas for recreational or passage purposes. Access is not a self-evident right nor are the practices in different countries resolved alike. In this paper, we review how the public right of access is resolved in different countries, with a focus on cases in Sweden and Finland. We highlight problems that arise when the right of access enables extensive use of the land by the public and may make everyone’s right prone to features related to the tragedy of the commons. We find that the code regarding public access depends largely on cultural, historical, and political differences and thus has no international or unambiguous definition as to what it includes or should include. The concept has worked considerably well throughout time but, as the original reasons for the right have waned and recreational use and demand have increased, the question has been raised whether everyone’s right should be redefined to prevent complications between users and landowners.

Public Rights Orientations and Views on Long‐Term Care Options for Children in the Child Protection System: An Analysis of Representative Samples of Adults in California, USA and Norway

ABSTRACTThis study examines a representative sample of adults in California (USA) and Norway, and their attitudes toward adoption versus foster care in a child protection case. The results show that a majority of people favour adoption for a child who has been removed due to maltreatment and cannot be reunified with birth parents. The study examines if people's rights orientation, favouring children or adults, or favouring birth parents or adoptive parents, or their institutional context explain their preferences about long‐term care options. Data material consist of representative samples of the population in California (USA) and Norway (n = 2222), using a vignette survey design. Findings suggest that individuals with a child rights position favour adoption, but attitudes about birth parents' and adoptive parents' rights are not related to care option choices. Institutional context, anchored in policy feedback literature, partly explains the preference for adoption and the population's rights orientation. Further studies are necessary to confirm the role of rights attitudes and institutional context.

False Start on NIL: Public and Private Law Should Treat College Athletes Like Any Other Student

For most of its regulatory existence, the National Collegiate Athletic Association (“NCAA”) has preached the importance of integrating intercollegiate athletics into the campus culture and educational mission, insisting that athletes be an integral part of the student body. A core element of this creed was the amateurism principle—college athletes must not be paid or professionalized. To preserve and enforce the amateurism principle, the NCAA and its divisions promulgated a vast and complex regulatory scheme that paradoxically resulted in segregating, rather than integrating, athletes into campus life. While nonathlete students enjoy increasing autonomy to pursue expressive and economic activity, athletes are subject to paternalistic rules that restrain their lives on and off campus and deny them a share in the wealth generated by their athletic talents. In a watershed moment in the summer of 2021, this began to change. In June 2021, the Supreme Court in National Collegiate Athletic Association v. Alston affirmed that the NCAA had violated antitrust laws by capping the benefits that member institutions could offer to athletes when competing to recruit them to college teams. July 2021 brought the effective date of the first of many state laws preventing the NCAA from penalizing college athletes who monetize their name, image and likeness (“NIL”). In response, the NCAA amended its amateurism bylaws to permit all college athletes, regardless of where they attend school, to engage in NIL commercial activity consistent with state law and NCAA guidelines. What followed was a cycle of NCAA rulemaking to preserve the amateurism principle alternating with state legislative rejoinders to preserve in-state athletic programs’ recruiting advantage. The resulting morass of private and public NIL rules customized to the college athlete led to calls to federalize those regimes. Proposals for federal legislation would establish national standards and a centralized regulatory authority for college athlete NIL exploitation. No such bills have gained traction in Congress. This Article argues that both public and private law regimes singling out college athletes for customized regulation have it wrong. Instead, states, schools, and athletes would benefit from discarding specialized rules and reverting to laws of general application—in other words, let’s treat college athletes like any other student on campus. At least with respect to NIL, do away with the bifurcation of higher education into athletic and nonathletic fiefdoms and rent-seeking special treatment of the university’s relationship with athletes. Adopt a principle of nondiscrimination that deals with all college students the same way when they seek to benefit from and monetize their identities and publicity rights.

Using Implementation Science to Improve Evidence-Based Policing: An Introduction for Researchers and Practitioners

As “the scientific study of methods to promote the systematic uptake of research findings and other evidence-based practices into routine practice,” implementation science (IS) offers the potential to translate effective innovations in policing across agencies and local contexts with fidelity and sustainability in support of a commitment to evidence-based policing (EBP). Despite this potential, and its widespread use in adjacent fields facing similar challenges, implementation science remains almost completely unstudied and unutilized in police settings. To fill these gaps in research and practice, this paper provides an orientation to IS for police researchers and practitioners. It recounts EBP’s historical roots in an evidence-based approach to health care, demonstrates the commonalities that make IS as natural to policing as medicine, and surveys the existing literature on the employment of IS in policing. It adapts a conceptual model of IS to policing, presents two well-developed frameworks, and introduces three types of hybrid implementation/effectiveness trials suitable for use in dynamic police settings. It then provides illustrative cases in policing where the use of IS would be apt, and highlights the importance of the de-implementation of substandard or problematic practices as a key but often overlooked aspect of IS. It concludes by discussing how police practices that fully embrace evidence will nonetheless be guided by contestable values and norms, and how IS provides a way to address this concern. The paper provides research and practice agendas for integrating IS into EBP as police seek to adopt evidence-informed practices that deliver public safety, respect rights, and increase community satisfaction and trust.

Republicity. Kant’s late extension oftranscendentality to politics and right

The contribution investigates Kant‘s extension of transcendental-philosophical thinking from the critique of purely theoretical reason to his late political and legal philosophy. The focus lies on the transcendental ingredients of Kant’s juridico-political thinking in general and on the “transcendental concept” and the “transcendental principle” of publicity in particular. The first section outlines the original project of transcendental philosophy in the Critique of Pure Reason. The second sectiontracks the introduction of transcendental features outside of transcendental philosophy proper beginning in the Critique of thePower of Judgment. The third section is devoted to the role of publicity as the “transcendental principle” for a politics conformingto juridical right in Toward Perpetual Peace. The fourth section presents the distinction between private right and public right inthe Metaphysics of Morals under the quasi-transcendental perspective of rendering permanent the previously provisional claims ofprivate right by means of the institution of public right.

Ensuring Environmental Justice (EJ) through Public Interest Litigation (PIL) in Bangladesh

The legal system in Bangladesh has recently adopted the term Public Interest Litigation (PIL), which is a novel idea that provides complete rationale for the widely acknowledged notion that humans are social animals. It is founded on the necessity of the public interest or the violation of the public rights and is known as constitutional jurisprudence. The Public Interest Litigation (PIL) mechanism was established to enable common persons to submit a letter and bring this matter to the attention of the highest court. PIL proceedings are now an essential component of the nation's legal system. Notwithstanding these drawbacks, judicial activism is a highly significant potential tool that the judiciary can use in Bangladesh to uphold and advance the rule of law and human rights. Enhancing the rule of law, advancing fundamental rights, and applying the law equally to citizens and states are the responsibility of the judiciary. Laws can be shaped by the judiciary, which can also provide them direction and consistency. However, the nomination mechanism of the current government and judges' commitment to uphold the values of their specific jurisdictions serve to restrain the radicalism of the judiciary. Judges in Bangladesh are more inclined than other government bodies to make unpopular but ultimately wise verdicts since they are not engaged in political politics. The public anticipated that the courts would play a more significant role in resolving environmental problems as a result of the court's broadening of the definition of the right to life to include environmental protection. This essay explores the concept of access to justice via public interest litigation in a number of Bangladeshi court rulings.

The Violation of the Law and Religious Freedom in the Context of the Case of the Russian Church in Sofia—A Real Legal, Political and Canonical Issue

For more than a century, in the center of Sofia, the capital of the Republic of Bulgaria, there is and functions the church of St. Nikolai Mirlikiyski the Wonderworker, known as the Russian church. The church was built at the beginning of the 20th century with the idea of being part of the complex of the Russian imperial diplomatic body in Sofia and to serve the Russian diplomats, their families and the Orthodox Russian citizens living permanently or temporarily in the Bulgarian capital. However, after its consecration in 1914, disputes began, both regarding the ownership of the church building and the canonical jurisdiction of the church—of the Metropolitan of Sofia or the Holy Synod of the Russian Orthodox Church in Moscow. This dispute culminated in September 2023, with the expulsion from Bulgaria of several Russian and Belarusian clergies serving in the Russian church on charges of espionage in favor of the Russian Federation. The subsequent closure of the church by the Russian ambassador Mitrofanova led to internal and external political tension and ecclesiological chaos in the country. The Russian side violated the Bulgarian Law on Religions, known as the Confessions Act 2002, and directly infringed the Statute of the Bulgarian Orthodox Church. This article provides expert answers to the public law, property rights and canonical issues concerning the case of the Russian church in Sofia, based on the relevant sources of law (ecclesiastical and civil).

Human rights versus national security in public opinion on foreign affairs: South Korean views of North Korea 2008–2019

While human rights are an integral part of liberal democratic rule, the extent to which public opinion in democracies prioritises human rights in other countries relative to other competing foreign policy priorities is not clear. This is particularly the case when a country that systematically breaches human rights also poses a serious security threat and there are incentives to improve relations with the regime in power. To assess whether and how the public values human rights vis-à-vis national security in foreign affairs, this paper utilises survey questions that capture the public’s relative preferences between the two in South Korean public opinion regarding relations with North Korea. It provides evidence that when a democratic government attempts to improve relations with a regime committing grave human rights violations, public opinion in the democracy deprioritises human rights in favour of reducing military tension. The findings shed light on the trade-off that exists in attempts to improve relations with a regime that is both a security threat and a systematic violator of human rights.

Mazovian Interglacial sites in the Sosnowica Depression and the Parczew-Kodeń Heights (Western Polesie, SE Poland), and their stratigraphic, palaeogeographic and palaeoenvironmental significance

We describe the geological context of the Pleistocene strata in the Sosnowica Depression and the Parczew-Kodeń Heights, as well as the main geological processes taking place in that area during the Middle Pleistocene. The stratigraphy of the Pleistocene succession is based on the analysis of new sites with Mazovian Interglacial deposits (MIS 11c) with age determinations obtained from palaeobotanical and palaeofaunal proxies, at Zahajki, Wygnanka, and Sytyta in the Sosnowica Depression, and Podedwórze and Gęś 3 in the Parczew-Kodeń Heights. The interglacial deposits documented occur in the direct subsurface and are not overlain by glacial deposits, which indicates that the study area was not covered by the ice-sheet of the Middle Polish Glaciations (Saalian, MIS 6). They are overlain by Early Liviecian (Fuhne, MIS 11b) lacustrine and bog deposits, or upper Vistulian (MIS 2) clastic and bog deposits. Holocene strata lie above. Therefore, the glacial deposits building the Parczew-Kodeń Heights are considered to derive from the Sanian 2 (Elsterian, MIS 12) Glaciation and not from the Saalian (MIS 6) Glaciation as previously thought. Palaeolakes formed in the late part of the Sanian 2 (Elsterian, MIS 12) Glaciation and remained open during the Mazovian Interglacial (Holsteinian, MIS 11c), with some still existing until the Early Liviecian (Fuhne, MIS 11b) Glaciation. The palaeolakes described were part of an extensive palaeolakeland of the Mazovian Interglacial, stretching from the southern part of Podlasie to the northern part of Western Polesie. The last ice-sheet in Western Polesie represented the Sanian 2 Glaciation. Downloads pdf Published 2024-07-20 — Updated on 2024-07-23 Issue Vol. 68 No. 2 (2024) Section Articles License Authors who publish with this journal agree to the following terms: Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as this can lead to productive exchanges and earlier and more frequent citation of the published work (See The Effect of Open Access).

Significant UK Environmental Law Cases 2023–24

Abstract This case law overview comments on significant UK environmental law cases for the period 1 April 2023–31 March 2024 (with one exception where a High Court decision within that period was overturned on appeal just after it). It begins with an overarching introduction, which draws some general themes from our selection of cases, focussing on the breadth of environmental law and issues of public concern in public and private law disputes. It then addresses 12 significant cases concerning the accrual of causes of action in private nuisance, whether there is power to vary abatement notices in respect of statutory nuisances, climate change, habitats, flooding, cumulative environmental impact assessment, river basin management plans, storm overflow discharge reduction plans, Regulators’ Codes, and public rights on Dartmoor Commons. It ends with some final thoughts on this year’s cases and the year ahead.

AXIOLOGY OF THE DOCUMENT IN THE ACTIVITIES OF THE NATIONAL POLICE OF UKRAINE

Introduction. In this article, a comprehensive analysis of determining the value of a document in the activity of the National Police in Ukraine is carried out in order to establish the significance of documents in police activity. Police officers work and process a large number of documents that directly affect the legality of the exercise of authority and the level of effectiveness of this body. Therefore, the question of the significance of documents in police activity is quite important. Summary of the main results of the study. For a comprehensive and objective disclosure of the chosen topic, a study of the essence of police activity was carried out in order to establish the place of the document in the relevant sphere of authority, as a result of which a conclusion was made regarding the main essential areas of police activity, namely: protection of public order and public safety, human and citizen's rights and freedoms, prevention of offenses, detection of causes of offenses, termination of offenses, investigation of committed offences. That requires processing and creating a significant number of documents in the course of exercising police powers, in these areas of their activity. The origin of the document as a material carrier of information was also analyzed, a historical tour of the origin of this term was carried out, and its quintessence was determined. The features of the document are highlighted and its types are defined. As a result, the concept of a document was formed as a material medium for recording, storing and transmitting information. This definition fully corresponds to the essence of the application of the document in police activity, which is the basis for establishing the relationship between the document and police activity. Having determined the main issues of the researched topic, an analysis of the place of documents in the activity of the police in Ukraine was carried out through the specification of their manifestations, in the course of the exercise of police powers. Based on this, it was established that certain types of documents must be drawn up in the activities of the police, which are related both to organizational and administrative activities, and to the application of preventive or coercive measures. Conclusions. So, after analyzing the chosen topic, you can come to conclusions about the undoubted value of the document in police activities. Namely, the document serves in police activities as a means of recording information about the exercise of certain powers by police officers, certification of the fact of the performance of official duties, certain facts, and serves as a means of proof. In addition, the document records a fact that has legal significance and causes the emergence, change or termination of legal relations and a change in the legal status of a person. Therefore, the document is an important component of police activity in Ukraine.

Understanding the experience of assistance dog providers supporting people with disability: an exploratory study

Purpose Assistance dogs can provide many health and wellbeing benefits to people with disability, however challenges remain. Assistance dog providers provide crucial support to assistance dog handlers, however limited literature exists exploring their experience working with people with disability. This study aimed to understand the experiences of assistance dog providers working in Australia. Materials and Methods Twelve assistance dog providers participated in semi-structured interviews. Inductive thematic analysis was used to analyse the transcripts. Results Five themes emerged describing the participant experience. Theme one discussed instances of discrimination experienced by assistance dog handlers, stemming from the lack of public awareness. Theme two captured the inconsistencies regarding the training of assistance dog providers with a specific focus on the gaps in the disability specific knowledge. Theme three emphasised the lack of clarity regarding legislation outlining the training requirements of assistance dog providers and the public access rights of the handlers. Theme four emphasised funding barriers, and theme five discussed barriers to interprofessional collaboration between assistance dog providers and allied health professionals. Conclusion These findings contribute to understanding the current barriers experienced by assistance dog providers and assistance dog handlers, as well as the legislative changes required to better support people with disability.

The Impact of Public Opinion on Digital Media

As Internet technology rapidly evolves and digital media technology becomes more widespread, Users can not only access content on digital media, but also participate in content on digital media through likes, comments, shares, and other means. This paper mainly studies the positive and negative impacts of public opinion on digital media. Conduct research through methods such as literature analysis, case analysis, and review. This paper finds that individuals have greater opportunities to offer their opinions on digital media. In this way, digital media enhances freedom of expression, and public opinion expressed through digital media serves to safeguard and uphold public rights as well. However, polarized public opinion in digital media can also have adverse effects, such as peer pressure and cyber bullying. Therefore, governments, schools and individuals should take their respective responsibilities to maintain the positive effects of digital media on public opinion, solve problems with public opinion in the digital media and better utilize the benefits of digital media and public opinion.

Constitutional Proceedings in the System of Procedural Forms of Protection of Public Rights

Constitutional Proceedings in the System of Procedural Forms of Protection of Public Rights

WIPO initiative of transforming traditional resources and sharing rights: An evolutionary game analysis and a Chinese context.

WIPO-GRTKF specifies, for the first time, how traditional resources embodied by traditional knowledge, genetic resources, and folklore can be defined, and what the relationship between original rights, and rights arising from the transformation and utilisation of traditional resources can be understood. Committed to promoting innovation, shared benefits and balanced interests, WIPO tries to achieve a balance between preventing users from violating holders' original rights through the acquisition of patent, trademark and copyright, and incentivizing all stakeholders to transform traditional resources to improve the greater good. The document triggers a new round of disputes among interest groups over how to share rights arising from the transformation and utilisation of traditional resources. Using an evolutionary game model to simulate how holders and users transform traditional resources, and share rights, we find that when the two sides choose to cooperate to apply for transformation and give consent to use, their benefits are maximised and strategies stabilised. We suggest that in the transforming process, holders' rights and users' interests be given equal emphasis, and an autonomous and open mode combining statutory licensing, and justified utilisation of original rights be employed. We advocate for a hybrid legislative arrangement that integrates the incentive of IPRs as private rights, and the safeguard of public rights. In the dual subject system, both users and holders enjoy multiple rights in the process of protecting and transforming traditional resources. The Chinese approach to transforming traditional resources and sharing their rights will contribute to sustainable development of traditional resource industry across the globe.

Public (Trust) Rights in Open Space: Day v Shropshire Council

In Day v Shropshire Council (Day), the Supreme Court considered the effect of a statutory trust under section 10 of the Open Spaces Act 1906 on a subsequent purchaser. Finding for the claimant, a local resident resisting development, the Supreme Court unanimously held that the local authority's failure to give notice and consider objections under the Local Government Act 1972 meant that the site's transfer into private ownership did not extinguish public trust rights to open space, binding the disponee. This note suggests that the decision in Day is to be welcomed, providing clarity on long‐established legislative provisions that protect open spaces, even when sites are not identified as such in planning processes. The note applauds the clarity of the Supreme Court's resistance to drawing on the law of trusts when interpreting statutory provisions and commends the ease with which the Supreme Court confirmed the co‐existence of public and private rights in land. The note also considers how Day illustrates the nature of local authority land ownership, a live issue at the boundary between land and administrative law, of particular interest at a time when local authorities are disposing of surplus open spaces for development.

PERLINDUNGAN HUKUM HAK DESAIN INDUSTRI KEKAYAAN INTELEKTUAL TERHADAP PENGRAJIN SONGKET BALI DI KLUNGKUNG, SEMARAPURA

Intellectual property protection is to provide legal protection for the ownership of public and private intellectual property rights, which is the basis of the development of the creative economy and makes an important contribution to the development of the country. As a developing country, Indonesia must be able to take appropriate steps to anticipate all changes and developments as well as global trends in order to achieve national goals. The purpose of this study is to determine the protection of Intellectual Property Rights for Songket Fabric Industrial Rights in Klungkung Village Bali and to find out the Registration of Intellectual Property Rights for Songket Fabric Industrial Rights The research method used is legally empirical, namely through the use of laws in terms of norms or Dassault Symphony and social reality, cultural, or Dassian. The results showed that Balinese songket cloth can obtain Intellectual Property Rights, especially Industrial Design Rights.

A Historical Overview on Fulfillment of the Right to Basic Education Among Albanians from Middle Ages to Beginning of The Last Decade of the XX Century

Albanians are among the peoples of the Balkans who for centuries have faced the denial of the right to be educated in their native language. The attitude and action of the Ottoman occupier for the prohibition of education in the Albanian language in all Albanian regions during all occupational period was added the effect of the prohibitive action of the religious institutions and neighboring countries that aimed at the territorial annexation of Albania. The realization of the right to education in the Albanian language among Albanian people has been one of the main objectives of the Albanian National Movement for freedom and independence. The declaration of independence also marks the beginning of education in the Albanian language for Albanians as a public right. The decisions of the Vlora government were the first important efforts to realize this right. Economic and social development, the level of culture and traditions, the heritage related to long period under occupation, the geopolitical factors and developments in the first half of the century XX do not promote the process for the development of the basic education system in Albania. At the end of the second world war, Albania was the country with the highest level of illiteracy in the Balkan region. The development of the education system has been one of the main priorities of the Government in the period after the second world war. The right to education was defined as a constitutional right and basic education as a legal obligation for every Albanian citizen. During the period of the dictatorship of the proletariat, the main characteristic of the education system in Albania was its high level of ideologization. Received: 25 December 2023 / Accepted: 25 February 2024 / Published: 23 April 2024