Security Legislation Research Articles

The Basis of Liberal Democracy – Contemplation of the U.S National Security Legislation -

The Basis of Liberal Democracy – Contemplation of the U.S National Security Legislation -

Optimization of social security contributions in health care

Abstract Cost optimization in health care is based on starting enterprises that employ workers who, after full-time work, perform the same or similar activities for the employer. This violates the social security legislation and creates both legal and financial risks. Using the current regulations, as well as Supreme Court rulings and opinions contained in the publications, the present paper analyzes the legal aspects regarding the phenomenon observed in the labor market.

INTRODUCED TREE SPECIES IN TERMS OF PROTECTED AREAS: RISKS AND CHALLENGES

Some issues of handling of exotic species in natural protected areas are analyzed. The risk factors that threaten the gene pool of local populations are found to be the following: possible penetration of dangerous diseases and pests of alien origin, and some related exotic species into the natural ecosystems of Ukraine; low resistance of arboflory native species against them; the possibility of hybridization between local and exotic species; reducing the biological stability of ecosystems. The necessity to improve atural security legislation of Ukraine to its approach to European and international standards and to prevent the impact of introduced factors as biological hazards is substantiated.

Under Pressure? – Swedish Residence-Based Social Security and EU Citizenship

This article analyses the impact of free movement of persons on Swedish residence-based social security in the areas of old-age pensions, health care and social assistance. Since becoming a member of the EU in 1995 Sweden has made both minor and larger adaptations of various residence concepts in social security law. The article describes these legislative changes and analyses the practical implications for migration as well as whether the changes have had a deeper impact on values in Swedish social security. The analysis shows that the Swedish legislator and courts are struggling to strike a balance between residence-based social security and free movement of persons. An early – and also a major – change was to turn the guarantee-level pension into a pro-rata scheme. To follow up the consequences of this, a special non-contributory benefit had to be introduced to prevent an inflow of applicants into social assistance. However, this benefit has proved to be vulnerable to mobility. The implementation of Directive 2004/38 was made without any real changes of social security legislation. At a later stage this led to difficulties in the application of the various residence-concepts in Swedish law. The legislator is now using various techniques to improve access to residence-based benefits and, at the same time, ensure a minimum coverage for migrants to ensure that the basic values of Swedish social security as well as international obligations are fulfilled.

FATOR ACIDENTÁRIO DE PREVENÇÃO (FAP) E NEXO TÉCNICO EPIDEMIOLÓGICO PREVIDENCIÁRIO (NTEP): INDICADORES PARA UMA INTERVENÇÃO PSICOSSOCIAL

Resumo A legislação previdenciária sofreu alterações com a criação do Fator Acidentário de Prevenção (FAP) e do Nexo Técnico Epidemiológico Previdenciário (NTEP), atingindo diretamente o tema saúde mental no trabalho ao estabelecer nexo causal entre a atividade desempenhada e o adoecimento psíquico. Este artigo relata uma intervenção psicossocial, planejada a partir dos dados do FAP/NTEP de uma empresa pública. A primeira etapa foi pautada na análise documental dos afastamentos previdenciários e de FAP e NTEP, tendo-se encontrado 20 casos de afastamentos previdenciários por transtornos mentais e do comportamento com nexo epidemiológico. Na segunda etapa, a intervenção psicossocial buscou estabelecer um espaço de escuta de gestores e trabalhadores, investigar a relação trabalho/adoecimento, oferecer apoio psicossocial e dirimir encaminhamentos. Os indicadores ofereceram pistas relevantes para a realização da intervenção, subsidiando a ação da equipe de saúde.

Analysis of the Activities of MGNREGA in Rural Transformation of Pauri Garhwal (Uttarakhand)

The major problem of the present time in India is the prevailing status of poverty, unemployment and increasing inequalities. The present model of development and growth seems to be ineffective to reduce the impact of poverty and unemployment. In the rural areas this situation is worse. The central and state government has taken various steps for the promotion of the development of the poor in the country and removal of the poverty.The National Rural Employment Guarantee Act (MGNREGA) 2005 is landmark legislation in Indian history of social security legislation after independence. This act was introduced with an aim of improving the purchasing power of the rural people, primarily semi or un-skilled work to people living in rural India, whether or not they are below the poverty line. Thus, it is not just a programme but differs from other schemes because it gives the rural poor the rights to demand that they be given a job or unemployment allowance.This is the research work which was conducted in Dungripanth and Khandah villages of Pauri Garhwal in Uttarakhand. For the study work we have selected one hundred participants randomly. The data was collected through structured interview schedule by personal interview method. The study was done to study the workings of the MGNREGA programme and the changes occurred after the introduction of this programme in the lives of the rural peoples.

National Security: the Theory and Legislation of Russia

Review. Effective national security depends on many factors. A theoretical and methodological basis developed by scholars is essential for the understanding of a national security phenomenon in a domestic science and its normative institutionalization. The role of legislation in the sphere of national security is associated with providing conditions for efficient functioning of a state in today's rapidly changing world. Currently, the Russian Federation commands a legal system ensuring national security. However, adoption of regulatory legal acts failed to solve the majority of theoretical and legal problems concerning regulation of issues of national security. Duplication (overlapping of powers), lack of consistency, inconsistency and pretentiousness are the faults most often named. Since the mid 90s of the 20th century an objective necessity appeared to develop a new paradigm of security for the Russian Federation in the light of a new understanding of its national interests and strategic priorities system. The formation of Russian national security paradigms and development of the concept and strategies have already passed four stages. In general, the security paradigm can be implemented as either the paradigm of protection or paradigm of self-affirmation. A "protective" context became the main characteristic of the first three stages of the paradigm of Russia's national security. The main provisions of the National Security Strategy of the Russian Federation up to 2020 indicate changes in the paradigm of security and implementation of a self-assertion paradigm that is aimed at development. Among innovative ideas of the National Security Strategy we can see the inclusion in the definition of the national security definition, as well as in the "text" of the document itself, a conceptually important category of "sustainable development." Enacted in 2010 the Federal Law "On Security" undoubtedly became a major step forward as compared with the analogous law of 1992, but it has not secured a specific innovation strategy of national security and, furthermore, outlined challenges and gaps in the security legislation in the Russian Federation. First, it is differences in concepts, and often the lack of a unified conceptual framework in the field of providing national security. Therefore, in order to strengthen national security of the country the current legislation should be monitored on the basis of academic expertise and theoretical developments.

State Policy Against Information War

The most recent and effective method to resolve aconflict between countries is information war. Information warfare, i.e. propaganda, information sabotage, blackmail, could be more damaging than the effects of the traditional methods of war. The government must be prepared to prevent and counteract the bleeding-edge techniques of warfare that is to work out measures, to oppose enemy’s information weapons , to gain information superiority , to develop a society thatis immune to disinformation, to elaborate a concept of information warfare counteraction. The authors have examined both foreign and Russian sources of law which define the requirements for the government activities to oppose information warfare. They also refer to the opinions of foreign and Russian researchers, politicians and public figures who have commented on the concept and features of such political and legal constructs as information warfare and information weapons. The problem of information warfare must be identified as a profoundly serious and damaging threat. This paper provides the features of information warfare and the methods to resist it as well as the proposals to amend the domestic legislation to create conditions for an accurate understanding of this political and legal phenomenon. In addition, it points out that the amendment of the Information Security Doctrine is not sufficient to counterbalance the threat of information warfare. In a certain document it is necessary to recount all notions, requirements and methods for the government actions aimed to gradually change the situation, particularly, the development of sectoral (information security) legislation, specialists training to be able to deal with informational and psychological aggression forming public opinion through the government-run mass media, etc.

الإرهاب و القانون : التشريع الأمني المغربي لمكافحة الإرهاب = Terrorism and Law : Moroccan Security Legislation for Combating Terrorism

القانون | الإرهاب | السياسات العمومية | الإستراتيجيات الوطنية لمكافحة الإرهاب | المواثيق الدولية | العقيدة الأمنية | Law | Terrorism | Public Policy | National Strategies for Combating Terrorism | International Treaties | Security Doctrine

일본의 안전보장법제와 자위대의 역할 강화

2015년 9월 안전보장법제의 제정으로 일본은 전쟁이 가능한 나라로 평가받고 있다. 중요영향사태로 판단되는 사태가 동아시아권에서 발생한 경우에 자위대에 의한 적극적인 후방지원이 가능해졌고, 국제분쟁에 있어서도 존립위기사태나 국제평화공동대처사태라고 판단될 경우에 자위대에 의한 무력방어와 후방지원이 가능해졌다. 안전보장법제는 일본헌법 제9조의 위배라는 헌법학자들의 주장과 전쟁폐허의 경험에서 어떠한 전쟁에도 휘말리지 않겠다는 반대시위 속에서 과반수 연립여당에 의해 통과되었다. 헌법 제9조는 전쟁을 부인하는 평화규정으로 전력보유의 부인(戰力保有否認)과 교전권의 부인(交戰權否認)을 규정하고 있다. 그러나 일본정부는 중국과 남중국해 및 동중국해에서의 충돌과 미국의 군비축소를 이유로 그동안 인정하지 않았던 집단적 자위권을 한정적으로 허용하는 ｢평화안전법제정비법률｣(10건의 개정법률)과 ｢국제평화지원법｣을 제정하였다. 이 글은 안전보장법제의 제․개정의 내용과 함께 법제에 따른 자위대의 활동범위 강화내용을 주요쟁점에서 분석하고 있다. 특히, 헌법 제9조가 사실상 사문화되었다는 쟁점에 대해서는 동 규정의 제정과정과 미일안보전략의 변화과정을 통해 살펴본다. 그리고 결론에 있어서 안보보장법제가 우리에게 미치는 영향에 대해 논한다.

Resilience and legislation: Will IT security legislation boost critical infrastructure resilience in Germany?

The German government is seeking to enhance the resilience of critical national infrastructures via its new IT Security Law. This paper analyses the content of the law, as well as the limitations and constraints arising from the conflicting interests of affected stakeholders. The paper also offers solutions to help the IT Security Law fulfil its potential despite the constraints.

Contextualising Australia–Japan security cooperation: the normative framing of Japanese security policy

ABSTRACTOn July 1, 2014, Prime Minister Shinzō Abe's cabinet commenced a historic transformation of post-war Japan's security policy by overturning previous interpretations of the constitution's pacifist clause, Article 9. The Cabinet Decision on the Development of Seamless Security Legislation to Ensure Japan's Survival and Protect Its People stated that collective self-defence was consistent with the constitution and, consequently, Japan would immediately develop a more proactive and less constrained security policy. But while this outcome may seem sensible and overdue from a realist perspective of Japan's standing as a mature democratic nation in an increasingly difficult geopolitical situation, the manner in which it is being enacted may seriously undermine the normative legitimacy of Japan's new security identity. In this article, the author examines how Shinzō Abe's administration has attempted to shape the norms surrounding security policy revision in Japan, and how these norms, in turn, have affected or constrained Abe's agency. This is done with specific reference to the external contexts of the USA's ‘rebalance’ policy and the deepening of Japan's security relationship with Australia, with a view to anticipating how normative turmoil might impact on the potential of this relationship.

The Global Emergence of Social Protection

Comparative welfare state research is directed mainly toward the development of welfare states in advanced democracies, although the majority of people live outside the OECD and often face graver social risks arising from poverty and starvation. To secure a minimum standard of living, nearly all countries have introduced social programs to protect their citizens. Yet the timing of when governments take on the responsibility of providing social protection varies decisively across the world. Using data for 177 territories and independent states over the period from 1820 to 2013, we illustrate how social security legislation has emerged throughout the world. Although we find that the patterns and pathways vary strongly between different regions, the evidence shows that the proliferation of social protection is a transnational event: regional diffusion and membership in the International Labour Organization matter irrespective of the regional and temporal context.

E-government: applications in the labor and social security regulatory area

Purpose – The purpose of this study is to primarily address the need for expanding e-government in Greece in the labour market. The authors attempt to analyse e-government initiatives in labour and social security legislation areas and identify whether private sector companies are willing to utilize them. The re-organization of government functions and procedures is discussed as a means of achieving the desired objectives of all interested parties. Design/methodology/approach – The study is based on a survey of companies in the area of Heraklion, Crete. A questionnaire instrument was used to collect the data. The authors attempted to identify whether companies would prefer to use either the Integrated Information System (IIS) that the Ministry of Labour has initiated or Payroll Information System (PIS) that is proposed by the authors and provided via a cloud computing platform by the public sector. In addition, the authors use the Delphi technique and a panel of experts consisting of Inspectors of the Ministry of Labour in an attempt to identify which of the aforementioned systems would help make controls more efficient and effective. Findings – The companies acknowledge the need for e-government and about 50 per cent of them would feel positive about using the proposed application (PIS). Small companies are more willing to accept PIS and large companies feel more positive about using the IIS. Furthermore, the panel of experts agree that the adoption of PIS would help the most in the fight against undeclared work. Research limitations/implications – The questionnaires were completed by 75 companies in the area of Heraklion, Crete, Greece. The sample, although representative of the structure of Greek industrial sector, is nevertheless small and expresses only the local culture. This limitation provides at the same time opportunities for further research. Although the need for e-government is recognized, there are concerns about the possible failure of new applications’ implementation. Practical implications – Labour and social security legislation areas are important for modern countries. The paper provides a model of e-government on these areas that if implemented could reduce administrative costs and facilitate public control. Social implications – The proposed model could enhance employees’ protection and effectively reduce undeclared work. Originality/value – This study is a first attempt to analyse e-government initiatives in labour and social security legislation areas in Greece. The main idea is not simply to make procedures electronic but to re-organize and re-define these procedures. Thus, the model that is proposed by the authors as a possible way of e-governance appears to help the most in reducing companies’ administration costs, increasing the protection received by the employees and assisting public services in conducting more effective and simpler controls.

Implementing drinking water security: the limits of source protection

While the implementation of drinking water security legislation was an important response to a water quality tragedy in Ontario, Canada, its effect has been circumscribed by hydrosocial relations underlying water governance arrangements. The long‐established land‐use planning—and more recent growth planning and place‐based planning—laws and policies make water management secondary to land whether it is as part of the ecological system, as a resource, or as an amenity. The effect is to subjugate source water protection to land use and, indeed, economic development priorities for resource extraction. The Ontario case shows that implementation of proactive drinking water security through source protection law and policy will be circumscribed by hydrosocial relations that prioritize the economic development. To implement proactive drinking water security will require a fundamental rethinking of the trade‐offs implicit in our existing hydrosocial relations. WIREs Water 2016, 3:5–12. doi: 10.1002/wat2.1117This article is categorized under: Human Water > Water Governance

British values and British identity: Muddles, mixtures, and ways ahead

In the final eleven months of its five-year term, the Coalition Government placed much emphasis in the education system on what it called fundamental British values (FBV). The phrase had its origins in counter-terrorism strategies that were of dubious validity both conceptually and operationally, and the trigger for its introduction into the education system (the so-called Trojan Horse letter in Birmingham) was a malicious forgery. Nevertheless the active promotion of FBV became a legal or quasi-legal requirement, was zealously inspected by Ofsted under instructions from the secretary of state, and was complemented and reinforced by new requirements under counter-terrorism and security legislation. Much damage appears to have been done already in schools and universities and more damage is likely. Much critical, corrective, and restorative work therefore needs now to be done. For restorative work to be effective a range of measures is needed: substantial discussion and clarification through dialogue; greater respect for the professional experience and insights of teachers and subject communities, particularly in the fields of citizenship education, history teaching, religious education, and spiritual, moral, social, and cultural (SMSC) development; greater trust and cooperation, both nationally and at local levels, between Muslim and nonMuslim organizations and communities; greater attention to Islamic values, wisdom, and pedagogy in the field of education; renewed emphasis on the role of Her Majesty's Inspectorate as a critical friend who identifies, commends, and promotes good practice; and much higher levels of due regard for the values enshrined in equalities legislation.

Japan’s New Security Legislation: What Does This Mean to East Asian Security?

ABSTRACTIt is obvious that the security environment in East Asia is more unstable and unpredictable. In the South China Sea, tensions over disputed islands initiate a more severe Sino–American rivalry. In the East China Sea, China disputes the control over the Senkaku Islands, and is escalating military activities around those islands. North Korea continues provocative activities including launching of ballistic missiles and nuclear weapons tests. This naturally leads to the idea that Japan needs to play a larger role to restore stability in the international order. This paper explores the challenges facing East Asian security in the face of the passage of Japan's new security bills in 2015 and how they impact the future of Japanese security policy.

Emotional Testimonies: An Ethnographic Study of Emotional Suffering Related to Migration from Mexico to Arizona.

It is increasingly argued that social and economic inequities poorly affect overall health. One of the means through which these inequities are translated to the body is via negative emotions, which carry known psychological and physiological responses. This paper examines migration-related psychosocial stressors impacting first-generation Mexican immigrants in southern Arizona, and reports on the primary emotional experiences immigrants associate with these stressors. Data were drawn from a qualitative, ethnographic study conducted over the course of 14 months during 2013–2014 with first-generation Mexican immigrants (N = 40) residing in Tucson Arizona and service providers working directly in the immigrant community (N = 32). Results indicate that the primary structural vulnerabilities that cause emotional hardship among immigrants are pre-migration stressors and adversity, dangerous border crossings, detention and deportation, undocumented citizenship status, family separation, and extreme poverty. Many of these factors have intensified over the past decade due to increased border security and state level anti-immigrant legislation in Arizona. Immigrants connected these hardships to the emotions of trauma (50%), fear (65%), depression (75%), loneliness (75%), sadness (80%), and stress (85%), and most respondents reported suffering from three or more of these emotions. Given the heavy emotional toll of migration and the direct impact that regional legislation and border security had on well-being, this paper argues that emotion be considered an important mechanism for health declines in the immigrant community. In order to stem the frequency and intensity of emotional stress in the Mexican immigrant community in Tucson, it is imperative to support organizations and policies that promote community building and support networks and also expand access to and availability of mental health services for immigrants regardless of documentation status.

Historical Memories and Security Legislation: Japan's Security Policy under the Abe Administration

In Japan, two political issues came to the forefront in the year marking the 70th anniversary of the end of World War II. While usually dealt with separately, the Statement by Prime Minister Shinzo Abe, issued on August 14, 2015, and the security legislation based on the concept of a “Proactive Contribution to Peace” both relate to the question of how we view Japan's place in international society. This article examines how both these issues support Japan's commitment to maintaining its identity as a peace-loving nation and its responsibility to contribute to international peace and prosperity.

ANALYSIS OF TERRORIST ATTACKS IN EUROPEAN COUNTRIES - INJURIES, CASUALTIES AND WEAPONS

Summary International terrorism becomes one of the most dangerous problems at the beginning of the 21 st century. Terrorist attacks have serious impact on politics, economy, military as well as security forces, international law and legislation, and psychological issues. International terrorism is legally characterised not only as a threat to the life and property of individuals, but also as a worldwide threat to human civilization, social order, international public order and values. The aim of this contribution is to specify the incidence of terrorist attacks from 1970 to 2013 in European countries and to characterise their imminent impact on the number of casualties. Furthermore, the contribution aims to specify the type of these attacks, weapons employed in them and numbers of casualties corresponding to various types of weapons. The analysis was based on data from databases and existing studies. The monitored period witnessed a slow but steady increase in the incidence of terrorist attacks in the EU countries without any significant changes. The types of weapons employed in these attacks did not change much, either.