Legislative Rules Research Articles

Legal Consequences of the Auction of the Auction Object Related to the Beneficial Owner of the Auction Object Over the Buyer

A competitive auction consists of a public sale managed by a second manager, where sellers and buyers exchange assets as specified in mutual documents. According to the provisions of Article 38(c) of the Financial Regulation No. 4662; these officials cannot purchase goods directly or indirectly in their presence, in accordance with the Secondary Officials Law No. 189/PMK.06/2017. However, the fact that the legislation does not specify specific conditions regarding the concept of "direct or indirect purchase" causes confusion. This ambiguity raises concerns about abuses such as buy-side consultants participating in money laundering (TPPU). This study examines two important issues: the limitations of the term "buyer" in Section 38(c) and the legal benefits provided to employees associated with the buyer-owner. Remain loyal to the judicial system, use law and techniques to analyse the interpretation of the law. The study ends with the clarification of the scope of the ban and the investigation of the legal consequences of non-compliance with the ban. These findings can form the basis for recommendations to the relevant authorities on resolving legal issues and preventing abuse of the auction process, complying with legislation and ethical rules

Legal protection of human rights and civil liberties

This investigation is pertinent as it illustrates that legal norms play a dual role—safeguarding the adherence to human rights and freedoms while concurrently imposing specific constraints and, in certain instances, transgressions upon them. The objective of this article is to scrutinize the theoretical and practical dimensions surrounding the influence of law on human rights and civil liberties. It aims to analyze the legal framework and confront pertinent issues by delving into both national and international legislative practices. The focus is on regulatory and legal framework governing the impact of law on human rights and civil liberties. The utilized methodologies encompassed the historical method, structural and functional method, analytical method, comparative method, statistical method, and sociological method. The presence of a legislative rule without effective implementation or with implementation in contravention of rights and civil liberties poses a significant challenge. Resolving current issues demands concerted efforts, rendering this problem of paramount importance and warranting further research and examination. Each state is tasked with harmonizing its national legislation with internationally ratified instruments at both the regulatory and practical levels. A comprehensive exploration of the practical and theoretical dimensions of gaps in legislative processes as a pressing global issue in Ukraine is imperative to ensure the observance of rights and freedoms, and to mitigate the adverse consequences arising from the negative impact of law.

Good governance: an empirical evidence from Egypt’s public health sector

PurposeThis paper aims to investigate the implementation of good governance (GG) principles in Egypt’s public health sector and assess their impact on overall GG and their interrelationships.Design/methodology/approachAbout 21 indicators under six principles were chosen to investigate the following principles: rule of law, legislation and institutions’ regulations, self-governance, transparency and accountability, equity and efficiency and e-services. Using secondary survey data, this paper employed structural equation modeling (SEM) to explore the impact of chosen GG principles on the overall GG and their interrelationship.FindingsThe findings showed the significant impact of the principles on GG, but with different weights. They confirmed the complex interrelation among GG principles toward implementing GG effectively and efficiently. The findings recommend the importance of diagnosing the organization’s structure and functions and how this can carry out governance in a good manner. Investigating the success of implementing GG at the micro-level is also suggested, using a bottom-up approach, to assure that the organization’s units/subunits perform efficiently toward enhancing the goodness of governance.Originality/valueThis study provides empirical evidence on the complex nature of GG principles through their implementation in Egypt’s public health sector as a case study, aiming to investigate the direct and indirect interrelation between GG principles.

Process Political of Farming Village Regulations (A Case of Study of The Formation of Village Regulation No. 5 Year 2022 on Implementation of Disaster Management in Majalaya Village Bandung Regency)

Village Regulations are legislative rules created by the Village Consultative Body (BPD) together with the village head, which are established by the village head with the purpose of regulating in order to implement higher laws and regulations. The formation of Village Regulations in the case study of the establishment of Village Regulation Number 5 of 2022 concerning Disaster Management in Majalaya Village, Bandung Regency, has not yet reached its targets as of now. Therefore, this research aims to understand the process of formulating policy for village regulations regarding disaster management in Majalaya Village, Bandung Regency. The research method used is a descriptive method with a qualitative approach, and data is obtained through data collection sources such as literature studies, participant observation, in-depth interviews, and documentation. The data sources are obtained from Majalaya Village, the Majalaya Village Consultative Body, the Disaster Management Organization, and the Youth Organization of Majalaya Village. The data collection techniques use primary and secondary data. The research findings indicate that the Political Process of Formulating Village Regulations (Case Study on the Formulation of Village Regulation Number 5 of 2022 concerning Disaster Management in Majalaya Village, Bandung Regency) has not been optimal due to a lack of competent human resources, ineffective socialization, inadequate transparency in decision-making, and a lack of community participation.

Perizinan Lingkungan Sebagai Upaya Mengendalikan Pencemaran Akibat Industrial Waste Sesuai Undang-Undang Nomor 6 Tahun 2023

This journal examines environmental permits in the enforcement of current legislative rules aimed at mitigating industrial pollution. The author elucidates that the issue of environmental pollution stemming from industrial waste has emerged as a global concern, as it poses a threat to human health and environmental sustainability. Despite the existence of legislation concerning environmental contamination, numerous infractions continue to be perpetrated by industry. The urgency of this research is considering that the environmental permit policy is a preventive government tool as an effort to control community behavior, and also repressive in overcoming environmental problems caused by human activities. Environmental licenses are a crucial governmental regulation designed to safeguard the environment from industrial waste contamination, thereby preventing harm that could adversely affect the community. Consequently, obtaining an environmental permit is crucial for implementing legislation pertaining to environmental protection, ensuring that industries adhere to established standards and are accountable for their waste production. The author asserts that robust environmental legislation may eliminate industrial waste contamination. Nevertheless, sustained collaboration is essential among all stakeholders, including the government, industry, and society, to guarantee the success of these initiatives.

Legislative regulation of relations social dialogue

The article analyses the Laws of Ukraine in the field of social dialogue relations and explores ways to harmonize and/or improve their provisions, which would enhance the guarantees of interaction and mutual understanding between the parties involved in such dialogue. The main provisions regarding social dialogue, particularly those concerning the resolution of collective labour disputes and labour mediation, should be enshrined in the fundamental regulatory act in the field of labour relations - the Labour Code of Ukraine (or a codified act that may replace it). The article provides a characterization of the Laws of Ukraine that are interconnected with the Law of Ukraine «On Social Dialogue in Ukraine» on issues concerning the subjects of such legal relations, including those that define the participation of executive authorities and local self-government bodies in social dialogue relations, as well as relevant draft laws. It also presents the provisions of the Law of Ukraine «On Trade Unions, Their Rights and Guarantees of Activity» that require harmonization with the fundamental regulatory act on social dialogue, as they limit its scope concerning the participation of trade unions/ their associations in social dialogue relations. It is proposed to address the identified inconsistencies by aligning them with the fundamental legislation on social dialogue. Attention is drawn to the contentious status of local self-government bodies as subjects of social dialogue due to the combination of partnership and accountability. It is noted that the Law of Ukraine «On the Procedure for Resolving Collective Labour Disputes» regulates the stages of resolving collective labour disputes, one of which is conciliation procedures. This procedure corresponds to the forms of social dialogue defined in the Law of Ukraine «On Social Dialogue in Ukraine». Therefore, there is a need to substantively synchronize the legislative rules of conciliation procedures during the resolution of collective labour disputes with the norms of legislation on social dialogue. Arguments are presented that labour mediation is one form of social dialogue: 1) it involves the interaction of parties in an out-of-court, structured procedure aimed at preventing conflicts, conducted through negotiations; 2) the scope of the Law of Ukraine «On Mediation» includes relations related to conducting mediation to prevent potential conflicts (disputes) or to resolve any existing conflicts (disputes), including labour disputes. It is concluded that the Law of Ukraine «On Social Dialogue in Ukraine» should be harmonized with the Law of Ukraine «On Mediation» regarding the definition of forms of social dialogue.

Features of foreign investment in business companies that occupy a dominant position in the commodity market

The object of the study is certain issues of the procedure for foreign investments in strategic sectors of the economy. The subject of the study is devoted to the procedure for making foreign investments in business entities that occupy a dominant position in the commodity market. The dominant economic entity has market power, which provides an opportunity to shape the economic environment by determining the number of market participants, the behavior of suppliers of goods (works, services) and their consumers. The author examines the issues of necessary regulatory approvals of transactions of foreign investors for the acquisition of assets of dominant entities, as well as general antitrust and special rules for determining the existence of a dominant position in business entities operating in various sectors of the economy. The methodological basis of the study was based on systematic and formal legal methods, as well as the method of technical and legal analysis. The conclusions of the study are based on the constitutionally significant goals of ensuring national defense and state security, Russian legislation provides for the need to obtain additional regulatory approvals for foreign participation in business entities that occupy a dominant position on the market. At the same time, the book value of assets and the amount of revenue of a foreign investor does not matter, a group of persons to which he belongs, as well as a business entity whose assets are planned to be acquired by a foreign investor (a group of persons to which a foreign investor belongs), unlike transactions subject to approval within the framework of antimonopoly control. In some cases, the control of foreign investments applies special rules for determining the fact of market dominance for some business entities, which differ from the rules of antimonopoly legislation.

Adaptive (re)operations facilitate environmental flow maintenance downstream of multi-purpose reservoirs

Multi-purpose reservoirs support socioeconomic development by providing irrigation, domestic water supply, hydropower, and other services. However, impoundment of water impacts instream aquatic ecosystems. Thus, the concept of minimum environmental flows (MEFs) was established to restore the benefits of naturally flowing rivers by specifying minimum flow rates to be maintained downstream of dams. But varying legislative contexts under which multi-purpose reservoirs operate may not always necessitate MEF releases. To what extent the release of MEF affects other sectoral benefits remains an open-ended and possibly a site-specific inquiry. A related issue is − how does the order in which releases are prioritized influences sectoral performances? We analyse these issues for the Nagarjuna Sagar reservoir, one of the largest multipurpose reservoirs in southern India. We formulate two versions of a multi-objective decision problem. PF_MEF formulation prioritizes MEF releases over releases for water demand satisfaction, followed by hydropower releases. PF_nMEF formulation follows the regional legislative rule releasing first for demand satisfaction, followed by hydropower and MEF releases. The objectives include: annual demand deficits (minimize), hydropower production (maximize), reliability of maintaining MEF (maximize), and reliability of non-exceedance of high flows downstream (maximize). A dynamic rule using radial basis functions (RBFs) specifies releases as a function of reservoir storage and the Borg multi-objective evolutionary algorithm is used to identify the Pareto approximate solutions. The reliability of MEF satisfaction, annual demand deficits, and hydropower production attained across the Pareto-optimal strategies obtained for PF_MEF (PF_nMEF) formulation is 86–99 % (63–80%), 47–1063 (17.6–340) Mm3, and 3452–3703 (3408–3650) GWh, respectively. Results thus indicate that prioritizing MEF releases improves can meet MEF requirements without significant compromises in other objectives. We hypothesize that similar investigations may reveal how simple modification of release order may improve ability of other reservoirs to meet environmental goals.

Reconstruction of Legislative Members' Term Rules Based on the Principle of Justice

The presence of the House of Representatives in Indonesia's constitutional system significantly supports the development of democracy, as they serve as the people's representatives and voice. Currently, it is essential to implement term restrictions for legislative members, primarily for societal benefit. This study addresses the following research problems: Why is the current rule of legislative members' terms not just? What are the weaknesses of the current legislative term rules? How should the rule of legislative members' terms be reconstructed based on the principle of justice? Employing a constructivism paradigm, this research uses a sociological juridical approach and a descriptive research type. Data sources include primary data from field research and secondary data from primary, secondary, and tertiary legal materials. Data collection methods encompass observation, interviews, and literature study, with qualitative data analysis. The findings indicate that the current rule of legislative members' terms is unjust due to the lack of term restrictions, leading to increased risks of corruption, bribery, collusion, and nepotism. Weaknesses in existing rules on criminal sanctions for corruption, bribery are evident in the legal substance, structure, and culture. The legal substance lacks clear provisions on term restrictions, and the legal structure fails to address the urgency of implementing term restrictions for House of Representatives of Indonesia’s and Regional Representative Council members. Additionally, there is a need to raise public awareness about the importance of term restrictions for legislative members. The study suggests reconstructing criminal sanctions rules against corruption, bribery based on justice values, which involves revising both values and norms. This includes transforming previously unjust rules into just ones and amending the legislative term rules according to the principle of justice, as outlined in Law No. 7 on 2017 concerning General Elections, Articles 240(1) and 248.

West Lothians in the European Parliament? Diverging Vote Choices in Cases of Differentiated Integration

AbstractTerritorial differentiation entails challenges for legitimate representation as legislators may be empowered to vote on legislation that does not affect their constituencies. A typical example of this democratic dilemma is the “West Lothian question” in the United Kingdom, where all members of the House of Commons can vote on bills that only affect England. The European Union faces a similar dilemma when members of the European Parliament vote on bills from which their member states are exempted. We analyse EU legislators' voting behaviour on differentiated policies to provide the missing empirical evidence for an informed debate about the institutional design of legislative rules under differentiation. We show that legislators abstain more frequently than their party group colleagues when their constituency is not subject to a bill due to sovereignty concerns. This practice of abstention resembles an existing norm in the United Kingdom and mitigates the democratic dilemma associated with differentiation.

Comparison of the concepts of «force majeure» and «circumstances of insuperable force» as grounds for exemption from contractual liability

The article is devoted to research and analysis of the definitions of «force majeure» and «circumstances of insuperable force» as grounds for exemption from contractual liability. The legislative formulation of the grounds for exemption from civil and commercial liability differs, because the rules of civil legislation refer to such grounds as accident and force majeure, while commercial legislation operates with definitions of «acts of insuperable force», which are characterized by signs of emergency and inevitability. However, the common thing is that non-fulfillment or improper fulfillment of the corresponding duty is impossible due to circumstances of insuperable force. That is, the following is characteristic of the category of «force majeure» and «circumstances of insuperable force»: 1) the parties are unable to foresee/expect them in the ordinary course of civil affairs; 2) the impossibility of avoiding the consequences, that is, their inevitability; 3) «paralysis» of the fulfillment of obligations regardless of the taking of appropriate measures by the parties.Аfter researching foreign law enforcement experience, domestic legislation, relevant judicial practice, one can come to the conclusion that the concepts of «force majeure» and «circumstances of insuperable force» are terms identical in meaning, the identity of which is due to the peculiarity of the translation from a foreign language; the specified circumstances are characterized by unpredictability, do not depend on the will of the parties to the contract, under which it is impossible to fulfill the obligations imposed on them. By itself, the existence of the specified circumstances does not belong to the category of «force majeure» («circumstances of insuperable force»). Acquiring the status of a ground for release from contractual liability occurs as a result of proving by the counterparty (the burden of proof is placed on the debtor), the impossibility of fulfilling the obligations provided for in the terms of the contract, precisely because of the specified circumstances, a cause-andeffect relationship between the obligations that the party cannot perform, and the circumstances (their result), which the party refers to as the basis for the impossibility of fulfilling obligations and as a result of certification of the specified circumstances by the Chamber of Commerce and Industry. Key words: institution of exemption from liability, grounds for exemption from contractual liability, force majeure, circumstances of insuperable force.

Considerations for trustworthy cross-border interoperability of digital identity systems in developing countries

AbstractIn developing nations, the implementation of Foundational Identity Systems (FIDS) has optimised service delivery and inclusive economic growth. Cross-border e-government will gain traction as developing countries increasingly look to identity federation and trustworthy interoperability through FIDS for the identification and authentication of identity holders. Despite this potential, the interoperability of FIDS in the African identity ecosystem has not been well-studied. Among the difficulties in this situation are the intricate internal political dynamics that have led to weak institutions, suggesting that FIDS could be used for political purposes; additionally, citizens’ or identity holders’ habitual low trust in the government raises concerns about data security and privacy protection. Similarly, vendor lock-in, cross-system compatibility, and ambiguous legislative rules for data exchange are other concerns. Interoperability is fundamentally necessary as a precondition for e-government services and serves as the foundation for the best possible service delivery in the areas of social security, education, and finance, as well as gender equality as demonstrated by the European Union (EU). Moreover, the integration of cross-border FIDS and an ecosystem of effective data governance will be created by unified data sharing via an interoperable identity system. Thus, in this study, we point to the challenges, opportunities, and requirements for cross-border interoperability in an African setting. Furthermore, we investigated current interoperability solutions such as the EU’s eIDAS and Estonian X-Road and proposed an approach for scoping requirements to achieve a fully functional interoperable identity ecosystem in the African setting. Our findings show that interoperability in the African identity ecosystem is essential for expanding the scope of e-government throughout the continent and for bolstering the smooth authentication and verification of identity holders for inclusive economic growth.

Corporate Tax Disclosure

ABSTRACT Policies that require, or recommend, disclosure of corporate tax information are becoming more common throughout the world, as are examples of tax-related information increasingly influencing public policy and perceptions. In addition, companies are increasing the voluntary provision of tax-related information. We describe those trends and place them within a taxonomy of public and private tax disclosure. We then review the academic literature on corporate tax disclosures and discuss what is known about their effects. One key takeaway is the paucity of evidence that many tax disclosures mandated with the aim of increasing tax revenue have produced additional revenue. We highlight many crucial unanswered questions, answers to which would inform future tax legislation and financial accounting rule making.

Имущественная обособленность как признак юридического лица: теория и практика (по страницам классики и судебных актов)

The authors consider the essence of the concept of ‘property isolation of a legal entity’, different approaches to the definition of property isolation are given and analysed. The authors conclude that property isolation is characteristic not only of legal entities, but also of individuals and contractual associations, while for legal entities the value of property isolation is high, due to the fact that it allows to participate in turnover and bear property responsibility. Since the degree of property isolation of different types of legal entities differs, the authors propose the respective classification of legal entities. The authors conclude that there are no universal criteria of property isolation for civil, criminal, administrative and other forms of legislation. Thus, direct application of concepts and rules of civil legislation on property isolation to the areas of public law is unreasonable.

Impact of the Rotterdam Rules on the Legislation on Electronic Bill of Lading

INTRODUCTION.International unification of rules governing carriage of goods by sea has been of high importance. Historical, economic and political background as well as different approaches to adoption, ratification and entry into force of international legal acts impede harmonization of national laws. However, in spite of all these difficulties carriage of goods by sea is subject to international lawmaking which has a huge impact on the development of commercial intercourse and commercial transactions. Today the market of goods and services requires business to use the advantages of digital economy including electronic means of communication such as an electronic transport documents. An electronic bill of lading is one of the most important marine transport documents. As digital economy is moving forward digital transformation of carriage of goods by sea must not fall behind. Russian companies as well as international business community in general are in need for legal rules guiding digitalization of the bill of lading including its issuance and passage of title to the goods.MATERIALS AND METHODS.This study is based on international conventions, model laws, domestic and foreign legislation as well as some other legal acts. Various methods applied in the course of this study resulted in different technical and juridical means of research including analytical review, synthesis, induction, deduction and formal legal analysis.RESEARCH RESULTS.Scientific and practical aspects of this study have identified the need for the introduction of new forms of transport documents in international merchant shipping. The study has also demonstrated how to reach this target by implementing the rules of international conventions and national laws. The Rotterdam Rules have appeared to be the first codification of rules on electronic transport documents at an international level. However, they have not yet entered into force and are awaiting reflection in national legislation. As a bill of lading is a security its digital transformation requires hard work and true understanding of its legal nature. Lawmakers should take into account that a bill of lading is a document of title and can be used as a way to assign rights to the goods.DISCUSSION AND CONCLUSIONS.The researcher comes to a conclusion that the adoption of international conventions, model laws and rules of foreign and domestic legislation leads to the introduction of new forms of transport documents to accompany international trade such as an electronic bill of lading. Impact of digital transformation of a bill of lading on carriage of goods by sea has been under scrutiny by national and foreign scholars whose opinions are reflected in this article. Both Russian and foreign laws have undergone legal reforms facilitating the passage of title to the goods from the consignor to the carrier under an electronic bill of lading. At the same time there is a need to protect legal interests of the owner of the goods and to invent new means of transferring the title to the goods. In this respect instruments offered by digital law and digital economy provide quite a good solution. For this reason legislation on electronic bill of lading must be subject to further development. An electronic bill of lading shall be qualified as a separate legal category which must go in parallel with digital law and may entail changes in Russian civil and shipping laws. The legal nature of a bill of lading is different from other types of securities as it is governed not only by civil legislation, but also by rules on carriage of goods by sea which is under great influence of international lawmaking. Implementation of international acts take different forms. This article illustrates how national laws reflect international rules on electronic transport documents specified in The UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea 2008, also known as the Rotterdam Rules.

Study on the labels of selected cat and dog foods from Türkiye

At first look, the label contains details about the contents and properties of the cat and dog foods. Label information must be included in accordance with national and international requirements. The sufficiency of cat and dog food labelling in Türkiye has not before been evaluated. In this study, the labelling information for 215 chosen cat and dog foods (164 cats and 51 dogs) available in Türkiye was analysed using Turkish national legislation and the Federation of the European Pet Food Industry standards. It was determined that all food labelling information was compliant with Turkish feed legislation. In comparison, only 67.1% of cat and 78% of dog diets included the metabolised energy value on the package. Cat foods have a website at 60.8%, whereas dog foods have 81.7%. It is found that the cat and dog food labels totally comply with Turkish legislation rules. On the other hand, more information may be valuable in enlightening customers. The recommended amount of food per day was unclear in numerous products, which is an area of improvement. In future studies, competencies of the daily nutrition advice information on the labels can be evaluated.

FUQAROLIK SUD ISHLARINI YURITISHDA ADVOKAT ISHTIROKINING PROTSESSUAL JIHATLARI

This article highlights the role of the representative institution and the lawyer in civil proceedings in our country. The specifics of representation are described in terms of legal representation, contractual (voluntary) representation, representation of legal entities, representation of trade unions, and other public organizations. Thus, the lawyer has special rights of the plaintiff and the defendant: full or partial waiver of claims, change the basis or subject of the claim, increase or decrease the amount of the claim, recognition of the plaintiff’s claims, the conclusion of a settlement agreement. contract, to transfer authority to another person (entrust another person), to have the right to file an appeal against the decision (judgment) of the court, to issue a writ of execution for recovery, to receive the recovered property or money—the exact order of these actions is described in the article. The article analyzes the procedure for exercising the special powers of lawyers, provided by the decision of the Plenum of the Supreme Court of the Republic of Uzbekistan “On the application of the rules of civil procedural legislation on representation in courts.” Also, foreign experience, such as the practice of Düsseldorf and Munich, which are the rules of confidentiality of information in the procedural legislation of the Federal Republic of Germany, has been studied.

Legal problems of adoptive families in China

In the People's Republic of China, as in many other countries of the world, modern government policy in the field of family relations is focused on mobilizing the entire society to support families in raising children and supporting children left without parental care, including through placing children in foster care families. However, the legislation in the area of placement of children left without parental care is not perfect and requires a subjective assessment in terms of its compliance with the interests of children’s rights. This form of placement for children without parental care, like a foster family, has made in Chinese legislation relatively recently and is important for protecting the rights and interests of children without parental care. At the same time, the existing legislative rules ensuring the placement of children left without parental care in foster families are not perfect. Thus, the legal problems of placing children without parental care in foster families, related both to the restrictive framework that is imposed on the children themselves who are subject to placement in foster families, and the restrictive framework that is established for the foster families themselves (the age limit of parents, the number of children who can be raised in one foster family) deserve special attention. The article focuses on the legal problems of placing children without parental care in foster families. An analysis of existing problems has shown that there is an urgent need to modernize legislative norms related to placement in foster families in order to ensure the best and comprehensive interests of children, rather than maintaining the approach according to which the family becomes part of the bureaucratic and traditional framework, making it the last link in the implementation of state politicians.

REGULATION OF LAWMAKING IN THE FIGHT AGAINST CRIME: PROBLEMS AND WAYS TO SOLVE THEM

The author proposes a definition of the concept of lawmaking in the fight against crime as the activity of subjects of development, public discussion, examination, coordination and adoption of draft federal laws related to criminal, criminal procedural, operational investigative, penal, criminological (preventive) legislation. Considers the background and problems of legislative and subordinate regulation of lawmaking in Russia, the reasons and conditions that contributed to the growing attention of the legislative, judicial and executive branches of government to the regulation of criminal lawmaking. Analyzes the draft federal law «On Amendments to Article 8 of the Federal Law “On the Enactment of the Criminal Code of the Russian Federation”», prepared on the basis of the conclusions of the interdepartmental working group formed by the Ministry of Justice of Russia in March 2023 to prepare proposals for the draft concept of criminal legal policy Russian Federation. Justifies the need to abandon the idea of consolidating special rules of criminal law legislation in the Introductory Law to the Criminal Code of the Russian Federation in favor of resuming work on the draft federal law “On normative legal acts in the Russian Federation” (Law on Laws).

Proof of facts in administrative law in France: many ad hoc and ex post rules of evidence, but for how long?

In France, general legislative rules of proof of facts between the administrations and the citizens are rare. Nevertheless, there are real obligations for public administrations to base their decisions on factual evidence, and for citizens to provide evidence they hold. The inquisitorial litigation procedure is the main asset of French administrative law because it relieves citizens who take a case to the administrative courts and who do not have all the evidence, some of which is often held by the administrations. Freedom of assessment of evidence is also an important principle which facilitates the administration of evidence for the parties and the judges. However, the disinterest of the legislator with regard to proof in the relations between administrations and citizens can no longer persist in the face of the probative issues raised by digitization and especially big data and artificial intelligence.