Specific Provisions Research Articles

Public procurement in the system of creating conditions for the development of deep tech innovations in Ukraine

Problem setting. The European Union has long been paying special attention to stimulating innovative activity through the use of public procurement. This is emphasized both in EU directives in the field of public procurement and in specific program documents regarding the development of innovations in the European Union, in particular the new wave of deep technological innovations. At the same time, in Ukraine, the public procurement institute is currently used only as a tool for saving public funds and preventing corruption. Thus, there is a need to study the issue of public procurement as a means of state regulation of innovations in general, as well as a possible tool for stimulating deep technological innovations in Ukraine, including, considering the experience of the EU, in particular, and for the post-war reconstruction of our state. Analysis of recent researches and publications. Some separate aspects of the issue of innovation stimulation through the mechanism of public procurement were given attention in the works – V.K. Malolitneva, L.O. Berezovska, A.V. Kyrychenko, S.R. Karpenko and others. At the same time, the issue of stimulating a new wave of deep tech innovations, using the instrument of state procurement, requires a more detailed study as a separate phenomenon, including in the aspect of harmonizing Ukrainian legislation with EU directives in the field of public procurement. Purpose of the research is to determination of the place of the institution of public procurement as a tool for stimulating the development of deep tech innovations in Ukraine, as well as an analysis of the legal support for the use of public procurement as a regulation of innovative activity in the European Union and in Ukraine, including in the aspect of the need to harmonize Ukrainian legislation with EU rights. Article’s main body. The article is devoted to the study of the issue of legal regulation of public procurement as a means of state regulation aimed at stimulating innovative activity in the European Union. The value of state purchases of ready-made innovative solutions, as well as research and development works, the result of which can be innovative products, is analyzed. The main types of procurement of innovations provided for by European regulatory acts are given. It has been established that the riskiness and capital intensity of deep tech innovations indicate that the main driver, catalyst, and initiator of their development can be the state, using the mechanism of the state order. The issue of legal regulation of the use of the public procurement tool to stimulate the development of deep technological innovations in Ukrainian legislative acts has been investigated. The main legal problems of using such a tool in our country are presented, including in the aspect of harmonization of legislation in the field of public procurement with relevant EU directives. Conclusions and prospects for the development. In Ukrainian legislation, despite its harmonization and adaptation to EU law, there are no special provisions regarding procurement of innovations. At the same time, in the European Union there is a thorough and consistent approach, according to which public procurement an important and effective tool for the development of innovations, in particular, deep tech innovations. Ukraine needs more careful consideration of this practice, since post-war reconstruction requires special innovative solutions that can be found, including, with the use of public procurement.

The emergence of the Medical University of Vienna 20years ago.

At the beginning of the 2000s the Austrian public universities were characterized by staffing rigidities, little competitive research, outdated study curricula and free access to all fields of study, the latter combined with high dropout rates and long study durations. As acountermeasure the universities were granted full legal capacity. For new employees the status of civil servants was herewith cancelled and, being now subject to the Employment Act, tenured employments for anyone who wanted to stay at the university were no longer possible. Medical faculties always had special provisions which would be difficult to reconcile with the full legal capacity of the universities: (i)the requirements of the hospitals affiliated to universities for research and teaching in addition to patient care had to be reimbursed to the Austrian federal states maintaining the hospitals, (ii)the physicians of university-affiliated hospitals were largely employed by the respective university and (iii)to ensure financing of clinical research and teaching at the hospital, the medical faculties received abudget separated from the rest of the university. As it was neither politically possible nor foreseeable that universities would be able to form asubcorporation with the affiliated hospital (integration model) or at least aclose cooperation with the hospital if that has legal capacity perse (cooperation model), the necessary budgetary sovereignty of the medical faculties could only be guaranteed by their transition to medical universities. Nonetheless, reservations about this spin-off of medicine were enormous, but quickly fell silent, as the newly established medical universities maintained close cooperations with their parent as well as other universities and achieved, for Austrian standards, favorable positions in international rankings.

The Adequacy of the Jordanian Regulations in Regulating the Operation of Small and Medium-Sized Enterprises

Small and medium-sized enterprises (SMEs) play a prominent role in the national economic growth and employment, provided they do not experience legal obstacles. This research aimed to investigate the adequacy of the current Jordanian legislation in promoting the operation of small and medium enterprises in Jordan and to identify its shortcomings, which may threaten their continuity. This study used a descriptive and analytical comparative legal approach to investigate global trends in small- and medium-sized company regulation, including the UN Commission on International Trade Law directives. The study also examined Jordanian legal frameworks, particularly those pertaining to companies and trade. The research discussed this issue in two sections. The main question was whether the laws regulating SMEs were adequate. The study concludes that although these projects can be partially covered by current legislation, their particularity and uniqueness necessitate the creation of special regulations that provide extra incentives and maintain their sustainability. As a result, the study suggests amending the Trade Registry System No. (130) of 1966 and the Jordanian Companies Law No. (22) of 1997, among other existing legal frameworks, and to dedicate special provisions that cater to the requirements for the success of these enterprises.

Nepal's Legal Framework against Sexual Harassment: A Comprehensive Review

Background: This in-depth analysis delves into Nepal's remarkable evolution in combatting and preventing sexual harassment through legal provisions. The review meticulously explores the policies articulated by the Nepal Law Commission, which have played a pivotal role in shaping the nation's approach to addressing and preventing sexual harassment.
 Objective: It aimed to explore key legislative acts, amendments, and special provisions that set Nepal apart in the fight against sexual harassment, emphasizing the country's commitment to fostering safe and respectful environments.
 Methods: The website of the Nepal Law Commission was the main information source, where 19 pertinent legislation pertaining to sexual harassment were carefully examined. Manual literature searches, desk reviews, and narrative reviews were used to synthesize the content. Both commonalities and distinct approaches were highlighted through a careful review and analysis of the specific sexual harassment-related laws of Nepal and comparison made in with neighboring South Asian countries.
 Results: In comparison to South Asian countries, Nepal has a strong legal system that reflects its unwavering commitment to ending sexual harassment. It has a wide variety of legislation that places an emphasis on accessibility and inclusion. Nepal's legal landscape is commended for its clarity, inclusivity, and proactive measures, while challenges such as potential overlaps among laws and the need for integrated coordination are recognized.
 Conclusions: The article emphasizes the continuous evolution and refinement of Nepal's legal framework, underscoring the importance of ongoing efforts, public awareness, and international collaboration in shaping effective and inclusive policies against sexual harassment.

Analysis of Special Provisions for Arresting Terrorism Suspects

The crime of terrorism is a very dangerous crime and can destroy a country. Apart from that, the crime of terrorism is also a crime that is neatly organized so it is difficult to uncover. In this regard, arresting perpetrators of criminal acts of terrorism is also very difficult and requires special provisions. The aim of writing this article is to discuss the specifics of arrest provisions as regulated in positive law. The method used in writing this article is of a normative type with a statutory approach. The results of this research state that giving a longer period of time, namely 7x24 hours and which can be extended to 14x24 hours, is aimed at giving law enforcement officers enough time to arrest terrorism suspects who are certainly not easy to find.

Research on Juvenile Delinquency Intervention

At present, the minors in our country usual commit illegal acts, such as stealing, fighting, picking quarrels and provoking trouble. Timely intervention on the “Bad behavior” of juvenile delinquents can effectively avoid the occurrence of criminal acts and consequences. At present, there is still a lack of specific provisions in our legislation on the timely intervention of juvenile delinquency and the division of responsibility. In this paper, we propose the idea of a juvenile delinquency intervention mechanism based on available data.

Legal foundations of stimulating fiscal policy in the EU

The relevance of the study lies in the fact that in the realities of modern economic dynamics and the transformation of socio-economic systems of the EU countries, the legal framework of stimulus fiscal policy is becoming a key tool for restoring economic growth, supporting businesses, and ensuring sustainable social justice. The purpose of this study is to systematize and analyse the specific legal instruments and provisions that underpin stimulus fiscal policy in the EU. The methods used include analytical method, statistical method, functional method, system analysis method, deduction method, synthesis method and comparison method. The study examined various aspects of fiscal regulation aimed at supporting economic development and social stability in the EU. The study is based on the analysis of tax mechanisms, financial instruments and budgetary strategies used to stimulate certain aspects of the economy. In particular, the impact of tax exemptions and privileges on entrepreneurship and investment activity was examined, as well as the effectiveness of fiscal measures to support small and medium-sized enterprises in countries such as Ireland, Poland, and Germany. The latest EU initiatives to stimulate innovation and green technologies were also studied, considering their legal and financial aspects. The main challenges and obstacles that arise in the process of implementing stimulating fiscal policies are highlighted, and possible ways to overcome these difficulties are identified. The study also draws attention to the interaction between fiscal policy and other areas of legislation, such as social and environmental policy, in particular, in the context of achieving sustainable development goals. The practical significance of this study is to provide concrete recommendations for EU governments on how to optimize legal and fiscal instruments aimed at stimulating economic development, innovation, and social stability

THE IMPLEMENTATION OF RESTORATIVE JUSTICE FOR NARCOTICS ADDICTS BASED ON LEGAL BENEFITS

Narcotics addicts are "self victimizing victims", because narcotics addicts suffer from dependence syndrome as a result of their own narcotics abuse. The purpose of writing this article is to analyze the current law enforcement against narcotics addicts and the implementation of restorative justice for benefit-based narcotics addicts. This type of legal research is normative juridical research. Crimes related to narcotics include special crimes, where the provisions used include special provisions of the law. Narcotics crimes are called special crimes, because narcotics crimes do not use the Criminal Code (KUHP) as the basis for regulation, but use Law No. 35 of 2009 concerning Narcotics. Narcotics addicts and victims of narcotics abuse are not solely seen as perpetrators of criminal acts, but also as victims, where the implementation of rehabilitation is part of an alternative punishment. The drug users as victims of narcotics crimes must be restored / cured and not to be imprisoned. Restorative justice for drug users can save their future. Even though their past and present have been lost as a result of the drug abuse.

A Regulatory Perspective on Biosimilar Medicines.

By definition, biosimilar medicinal products are biological medicinal products that are similar to other biological medicinal products that are already on the market-the reference medicinal products. Access to biosimilar medicines is a current reality. However, to achieve this goal, it is extremely important to consistently and scientifically substantiate the regulatory requirements necessary for biosimilar medicines when accessing the market. Based on an analysis of the raw materials and the type of methods used in the manufacturing processes of biological medicines, it is known that this tends to be more complex for the quality of the finished product than the manufacture of molecules obtained through a chemical process. It is then relevant to highlight the main differences between both products: biological medicines manufactured using biotechnology and the current generics containing active pharmaceutical ingredients (APIs) obtained from synthetic processes. Once arriving at the approval process of these medicinal products, it is imperative to analyse the guidance documents and the regulatory framework that create the rules that allow these biosimilar medicinal products to come to the market. The present review aimed at documenting comparatively the specific provisions of European legislation, through the European Medicines Agency (EMA), as well as the legislation of the United States of America, through the Food and Drug Administration (FDA). This was then translated into a critical appraisal of what concerns the specific criteria that determine the favourable evaluation of a biosimilar when an application for marketing authorisation is submitted to different regulatory agencies. The gathered evidence suggests that the key to the success of biosimilar medicines lies in a more rigorous and universal regulation as well as a greater knowledge, acceptance, and awareness of health professionals to enable more patients to be treated with biological strategies at an earlier stage of the disease and with more affordable medicines, ensuring always the safety and efficacy of those medicines.

PROVING ANTITRUST DAMAGES IN CIVIL PROCEEDINGS – The Compatibility of Serbian Law with Directive 2014/104 –

Private competition law enforcement has been a recent phenomenon in the European Union. In the past, the EU law and member states’ national laws lacked elements that contributed to the preponderance of private enforcement in the United States, such as treble and punitive damages, the procedural right of a damaged party to request discovery of evidence, collective actions, etc. The interest in private enforcement of competition law has gradually increased after Regulation 1/2003 authorised national courts to implement Articles 101 and 102 TFEU, the EU courts established private enforcement principles, and Directive 2014/104 (Antitrust Damages Directive - ADD) laid down rules to facilitate proving competition law violations and damage resulting from them. The US model evidently inspired the EU legislator. At the same time, ADD attempted to balance the private interests of injured parties and the public interest for effective public enforcement. Specific ADD provisions instigated a public debate concerning their reach and alleged confrontation with general legal principles. Even though member states have taken comprehensive measures to implement ADD, national courts need to search for an equilibrium between private and public interests. Therefore, the full effect of Directive 2014/104 is yet to be seen. Private enforcement of competition law in Serbia is still in its initiation phase. The Serbian Competition Protection Act 2009 proclaimed the right of damaged persons to bring actions for damages, even though this right has already existed under the general rules of civil law. The Competition Protection Act failed to stipulate material conditions and procedural rules that would facilitate private enforcement. The Serbian legislator has not yet taken steps to transpose ADD into national law. This paper first analyses the development and principal features of the US and EU private enforcement models. After that it focuses on the ADD provisions expediting evidence collection and damage assessment. The second part of the paper analyses Serbian tort and civil procedure rules relevant to bringing actions for antitrust damages and case law on antitrust damages. The author concludes with proposals for Serbian legislators to harmonise national law with ADD.

TINJAUAN YURIDIS MENGENAI REMISI BAGI NARAPIDANA TINDAK PIDANA KORUPSI YANG DITETAPKAN DALAM PERATURAN PEMERINTAH NOMOR 99 TAHUN 2012 (STUDI DI LEMBAGA PEMASYARAKATAN KELAS IA MEDAN)

Remission for prisoners is the right of inmates, which sometimes reaps the pros and cons when the award is assessed against perpetrators of corruption. In improving remission services, Government Regulation No. 99 of 2012 concerning the second amendment to Government Regulation No. 32 of 1999 concerning Conditions and Procedures for the Rights of Residents in Community Development is considered better than previous Government Regulations. The granting of remission to corrupt convicts must meet the requirements of being willing to cooperate with law enforcement in assisting law enforcement in criminal acts of corruption to achieve the legal goal of deterring the effect on criminals. This research is normative juridical legal research combined with empirical research, which means the problem analysis process has an approach to synchronising secondary legal materials and primary data obtained from the field. The results of the study concluded that convicts of criminal acts of corruption in Class I Prison in Medan, to fulfil the requirements for granting remissions, must meet the needs as per the special provisions of statutory regulations, one of which is to perform as a Justice Collaborator witness, which in cases of criminal corruption is quite challenging to fulfil.

ПАРЛАМЕНТЫН ХЯНАН ШАЛГАХ БҮРЭН ЭРХИЙН ХЭРЭГЖИЛТ (УИХ-ЫН НЭЭЛТТЭЙ СОНСГОЛЫН АСУУДАЛД)

Public open hearings are organized in various ways in countries around the world to ensure citizens’ right to know, to involve the public in decision-making, to implement parliamentary oversight, and at the level of local government organizations. In our country, the Human Rights Subcommittee of the State Great Khural organized the first public hearings on the issue of “July 1” on December 3, 2009. As part of the amendments to the Constitution in 2019, a specific provision which ensures the implementation of the oversight powers of the State Great Khural, was included in the Constitution, and then the parliamentary oversight law (On monitoring and inspection of the State Great Khural of Mongolia) was enacted in 2021. Accordingly, the Parliament is organizing public hearings in order to ensure the public’s right to know about issues related to the implementation of laws and resolutions, as well as to ensure public participation in appointments and to introduce candidates to the public. Therefore, there is a need to study, observe, and analyze the public hearings of the parliament, to present the achievements and shortcomings, and to identify ways to improve them, so we have studied in this area.

Training interprofessional teams in geriatric emergency medicine: A modified team-based learning approach

BackgroundOlder adults deserve special healthcare provision in every branch of medicine. Turkey currently does not have geriatric emergency medicine (GEM) subspecialty training. Thus, interprofessional training for healthcare professionals involved in GEM services is required. Team-based learning (TBL) seems suitable to implement such training. We aimed to develop and implement a training program for healthcare professionals engaged with GEM services, and evaluate the program considering teacher and learner satisfaction and knowledge retention. MethodsThis was a design-based study in which a one-day GEM training program was developed based on the literature and expert opinions. The program was applied to 54 physicians, 98 nurses, 70 health officers, and 102 paramedics using a modified version of TBL. Teams included at least one representative from each profession. TBL was modified by adding a 1-h lecture and eliminating peer evaluation. Feedback forms, individual and group tests of TBL, and a retention test conducted six months later were used for program evaluation. ResultsThe mean group test score was higher than that of individual tests in all professions. Physicians’ individual test scores were higher than those of other professions, but this difference disappeared in the group test. The retention test mean score was higher than the individual test mean score but lower than that of the group test. Teacher and learner satisfaction was high. ConclusionWe implemented a training program using a modified TBL approach to teach GEM to relevant healthcare professionals; it yielded promising results regarding knowledge gain and retention, as well as teacher and learner satisfaction. The instruction design and method used in this study can be applied to multidisciplinary team training.

Locked down-locked in: experiences of families of young children with autism spectrum disorders in Delhi, India.

The onset of the COVID-19 pandemic and subsequent lockdowns in March 2020 disrupted the lives of families across India. The lockdown related restrictions brought forth a multitude of challenges including loss of employment, social isolation, school closures and financial burdens. Specifically, it also resulted in the restriction of health-care services for children with neurodevelopmental disabilities. This qualitative study was conducted as a part of a larger trial in India to understand the experiences of families of young children with autism during the pandemic. In-depth interviews were carried out with 14 caregivers residing in New Delhi, India. Our findings identified pandemic and lockdown's universal impacts on family life and financial stability stemming from job loss, business closure, and salary deductions, affecting quality of life of families. Furthermore, COVID-19 pandemic's impact on autistic children was evident through limited access to essential services and financial challenges related service interruptions even after resumption of services. The lockdown's novelty also affected children's behavior, with both challenging behavioral changes and positive impacts. Primary caregivers, predominantly mothers, assumed additional responsibilities in household tasks, schooling, and therapy administration. While some these experiences were universally experienced, a few of these improved outcomes for autistic children. Despite challenges, parents expressed gratitude for their family's safety and well-being during the difficult time. These findings inform service provision for vulnerable families and offer implications for designing interventions such as credit schemes for families, guidance and resources for establishing and maintaining routines of children with autism, adopting flexible and adaptable approaches to service delivery, and special provisions for children with autism to be able to maintain their routines outside of home. Furthermore, the study highlights the need for comprehensive support, including educational resources and stress management counselling to empower parents in supporting essential care and routines for their children during such unprecedented times.

“Loss distribution”: the accounting treatment, corporate and tax ramifications, in Brazil

This study describes the accounting treatment and underlying basis of the allocation of losses to partners, not of dividends, but within intra-corporate transactions, according to the IFRS. The study takes into account the fact that there is not always a specific legal requirement for implementation in other countries, as is the case in Brazil, although in the legal literature such treatment is acknowledged internationally. The assumption of accounting loss to a partner's account was originally introduced in the Brazilian Income Tax legislation of 1977. That accounting technique was determined by the Federal Revenue Service. Although Congress was responsible in this period for the accounting discipline, specifically for Corporation Law, they remained silent in this regard. Consequently, the lack of specific legal provisions for corporate accounting standards may have led, in oblique ways, to a small exploration of this topic and its little practical use in the real world. Considering such factors, this research investigates the accounting treatment options currently applicable to this type of transaction in Brazil, under the influence of common law, and various tax and corporate ramifications stemming from its adoption; this paper also aims to publicize possible grounds for propagating the practice, based on the guidelines laid down by the International Accounting Standards Board (IASB). Applying the qualitative research method, it was possible to conclude that the assumption of loss to the partner account is equivalent to a capital contribution, in the form of contributions made by supporting shareholders. For this reason, shareholders record it as investments and the investee company does not record any revenue, although there is an effective equity increase. Due to being a non-onerous act, given the absence of issuance of shares, there is no change in existing equity interests, nor taxation on the agents involved. The allocation of losses to partners is practical in its contractual form, dispensing with the need for share capital to be increased by the partners and later reduced, commonly referred to in European Law as coup d’accordéon and operação harmónio, which simplifies the transaction and corporate records. This work considers the accounting treatment according to the IFRS, while at all times taking into account the legal framework applied to the transaction, locally and according to international corporate literature, with a view to encourage more extensive use and its resultant benefits.

Workplace violence against Chinese licensed doctors: a cross-sectional study.

China has issued and implemented a series of policies aimed at preventing and controlling workplace violence (WPV) against licensed doctors. However, the prevalence of WPV has not been fundamentally curbed. The aim of this study was to present the prevalence of WPV, identify its influencing factors and propose responsive measures. The online Chinese Physician Practice Survey was conducted with purposive sampling method among licensed doctors in China from January 2022 to June 2022. Data covered licensed doctors' sociodemographic characteristics, occupational characteristics, prevalence of WPV, and perception of effective countermeasures. A total of 74,305 licensed doctors participated in this study. A total of 44.88% of respondents had experienced WPV, among them, either physical violence only (1.06%) or non-physical violence only (89.91%) or encountered both of them (9.03%). Age, gender, marital status, education level, professional title and registration type were all associated with WPV, being younger, non-married, more educated, and higher professional title are all risk factors for WPV. Male (OR = 1.396, 95CI%: 1.355 to 1.439), clinicians (OR = 1.342,95%CI: 1.177 to 1.529), who were single (OR = 1.174, 95%CI: 1.111 to 1.241), with master's degree (OR = 2.021, 95%CI: 1.739 to 2.349) and professional title were subsenior (OR = 1.194, 95%CI: 1.125 to 1.267) were most likely to occur WPV. WPV occurred mostly in provincial capitals, public hospitals, primary and community hospitals, and departments of internal medicine, surgery, pediatrics, emergency medicine and mental health. Overall, 44.24% of doctors perceived that strengthening crackdowns on criminal behaviors was the most effective measure to prevent WPV against healthcare staff. The frequency of WPV decreased after the implementation of relevant laws and policies. Future efforts should be made to strengthen crackdowns on illegal and criminal activities and to issue specific legal provisions on the prevention and control of WPV against doctors.

ADOPTION OF THE PRECAUTIONARY PRINCIPLE ON THE SAFETY AND HEALTH RISKS OF NANOFOOD IN MALAYSIA

Food derived from nanotechnology or contains engineered nanomaterials (ENMs) is widely available for consumers in the marketplace. Oral exposure to ENMs has been linked to various potential adverse effects on human safety and health. In Malaysia, nanofood is regulated with a regulatory framework designed for conventional food without considering the unique and novel properties of ENMs. The adequacy of the existing framework for regulating the safety and health risks of nanofood is ambiguous. This study examined the necessity for Malaysia of having such regulatory framework to govern the safety and health risks of nanofood using the precautionary principle. By adopting the doctrinal analysis, the finding suggests that the existing food safety framework must be amended to incorporate specific provisions on nanotechnology, and that the amendment must be based on the precautionary principle. The new regulatory framework enables the food safety authority to implement the earliest precautionary measure, protecting consumers from serious future harm caused by nanofood. The proposed regulatory framework will strengthen the domestic food safety framework and national food safety policy in meeting the challenge posed by nanofood.

Analysis of the Role of the Constitution, Legislature, and Judiciary in Maintaining the Principles of Government Effectiveness in Indonesia

This research conducts a thorough document analysis to examine the roles of the Constitution, Legislature, and Judiciary in maintaining government effectiveness in Indonesia. The historical evolution of the Indonesian Constitution is explored, emphasizing its dynamic nature and adaptability to the nation's political and societal changes. The study delves into the separation of powers, constitutional safeguards, and specific provisions influencing government effectiveness. Legislative analysis scrutinizes key acts shaping government operations, emphasizing the role of the legislature in oversight and accountability. Judicial analysis focuses on judicial review, the enforcement of the rule of law, and the judiciary's contributions to legal precedents. Interactions between the three pillars are examined for collaborative synergies and potential challenges. Comparative perspectives and implications for policymakers and legal scholars are discussed, along with recommendations for enhancing government effectiveness. The research identifies future research directions, contributing to a nuanced understanding of the governance landscape in Indonesia.

Differentiated Assessments for Learners with Neurodevelopmental Disabilities in Inclusive Elementary Schools in Tanzania

Differentiated Instructions and modifications in curriculum and assessments are considered a prerequisite for the successful inclusion of learners with disabilities in general education. This qualitative study assessed the current provisions and the aspired changes in the curriculum, assessments, and transition plans for learners with Neurodevelopmental Diversities such as Autism in Tanzania. A total of 21 participants partaken in this study. The participants were obtained through purposive and snowball sampling methods. Data collection methods included in-depth interviews, documentary reviews and non-participant observation. Data were analyzed thematically, aided by the vivo 12. Participants were of the opinion that there is a limited provision with regard to only time (an additional twenty minutes in every hour for mathematics and ten minutes in each hour for other subjects) within the subsidiary legislation of the Examination regulations released by the National Examination Council of Tanzania (NECTA) in 2016. The provision, however, does not mention any neurodevelopmental disabilities in the categories of disabilities and the special provisions entitled to them. Lack of reasonable accommodations in the type and structure of questions, rigid modality of responses to the examination questions for learners with learning disabilities and limited flexibility in time and room arrangements have been mentioned as barriers to proper assessments for such learners. The study concludes that there is a need to embrace the evidence-based practices of responsive education, instead of the “one-size-fits-all” kind of education. This will help to improve the curriculum for all learners instead of the approach to “fix” the deficits of learners with neurodevelopmental disabilities.

Right To Property and Maintenance of Illegitimate Child Under Hindu Law

The concept of property is evolving from the days of adopting the law relating to property of Hindu people. The laws relating to property undergoes many changes from time to time as to accommodate the changing need of the society. The major changes in the law of property held after the adoption of our Constitution. The Article 14 of the Constitution of India guarantees equality among men and women as a fundamental right. Following by Article 15 which allows special provisions can be made for women and child. Article 19 1(f) which said that right to property was a fundamental right, which later on amended and now property is a legal right under article 300A of the Constitution of India. Article 39(f) which is directive principle also concern about the safeguard of the child. The court observed that right to property is not only a constitutional right but also a human right1, and no person can be deprived of his property save and except by and in accordance with law. Due to Constitutional guarantees the legislature has brought Hindu Succession Act in 19562 and Hindu Marriage Act in 19553 along with three other Acts. Hindu Succession Act has amended and codified the law relating to intestate succession4. This Act has laid down a uniform and comprehensive system of inheritance of property. Moreover this Act gave rights to women to property which were unknown till then. The provision of this Act in relation to property is clear for legitimate child, but is silent for illegitimate child. The paper will focus on the right of illegitimate progeny to maintenance from their parents as well as right of inheritance to their parents self acquired as well as ancestral property in a Hindu family.