Statutory Level Research Articles

Проблемы частноправовой ответственности за недостоверность заверения об обстоятельствах в сделках M&A энергетических компаний в российском и английском праве

This article discusses the peculiarities of the institution of representations as a means of protecting a bona fide party in M&A (mergers and acquisitions) transactions of energy companies under Russian and English civil law. Special attention is also paid to the issue of terminological consistency and the nature of M&A transactions. The relevance of the topic is due to the rising number of M&A transactions in the energy sector, the tendency to the increasing importance of state participation in managing such companies, and the resulting need to provide legal protection for a bona fide party to the transaction. The purpose of this study is to determine the extent of legal doctrine development in this area and the feasibility of using existing rules of both Russian and English law in energy company mergers and acquisitions. After analyzing various statutory acts and both foreign and domestic scientific literature, it can be concluded that the mentioned institution is novel to the legal system of the Russian Federation. It is necessary to improve the legal doctrine, use the principle of freedom of contract, and establish liability in specific contractual obligations. Additionally, the author suggests elaborating on the consequences of recognizing a reorganization (M&A transaction) as failed (invalid) due to false representations by one of the parties involved at the statutory level.

Value history jako instrument przedłużenia autonomicznego charakteru decyzji terapeutycznej poza moment utraty świadomości

The concept underlying the institution of pro futuro declarations is the will to extend the possibility to determine one’s own fate beyond the moment of unconsciousness. Subsequent generations of such declarations have been the result of a search for solutions to adequately reflect the individual’s aspirations while at the same time securing their effective "enforcement". Currently, particularly within Anglo-Saxon legal culture, there is a growing interest in the institution of value history as an instrument providing justification for first- and second-generation anticipatory declarations by referring to the patient's hierarchy of values, worldview and beliefs. It is recognised, however, that such declarations make it possible not only to extend the patient's ability to determine his or her own future beyond the moment of unconsciousness, but also to attribute to such a disposition the qualities of an autonomous decision, i.e. one made by a competent person, freely exercised, informed and intentional. However, the possibility of exploiting the full potential of value history declarations is conditioned by the appropriate design of the form (in terms of both content and design) and an adequate information procedure that should precede the drafting of the declaration. Remarkably, the purely theoretical reflection that has been present since the 1980s regarding the desirable features of third-generation pro futuro declaration forms is now increasinglytaking the shape of considerations supported by consultations and research involving the participation of patients. Nevertheless, the fact that the institution of a living will or a power of attorney for health care has not yet been regulated at a statutory level in the domestic legalframework is a serious obstacle to the use of the possibilities offered by value history declarations within the Polish health care system.

Juridical Reviewcyber Law On Developmentfintech In Indonesia

Objective: Technological developments in the digital era are something that cannot be avoided. These significant changes have occurred in the financial industry throughout the world, including in Indonesia. Financial technology or in another language equivalent is financial technology (Fintech) as a result of exposure to technology is a new thing in Indonesia that continues to develop rapidly. This is because financial technology makes it easier for people to carry out transactions safely and more efficiently. In connection with these benefits, there are also other negative things, one of which is related to cybercrime (cyberlaw). Methods: By using normative juridical methods with secondary sources, this paper concludes that the government does not yet have a separate law related to financial technology regulations, but the substance regarding technological developments can be found scattered in other regulations and an approach to introducing cyber law is needed. towards business people and the wider community so as to create a legal function, namely as legal certainty and justice. Results: This development is accompanied by the development of the world of crime in the world of technology, namely cybercrime. This crime is a transnational crime and requires a more comprehensive approach to tackling this crime. In positive law, regulations related to cybercrime are regulated in Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronics and updated in Law No. 1 of 2023 concerning the Criminal Code. However, the provisions regarding cybercrime in this law are not accommodated holistically. Suggestions: It is necessary to create a separate law regarding fintech which regulates cybercrime. It is necessary to regulate consumer protection accompanied by criminal sanctions whose elements regulate from upstream to downstream related to financial technology. Regulations at the statutory level provide legal certainty because in theory the hierarchy of statutory regulations has a higher status than regulations regarding fintech which are only regulated at the institutional regulatory level. Regulations at the statutory level also avoid overlapping regulations between state institutions, thereby creating legal certainty for fintech business actors.

Evaluating Urban Green and Gray Space Interaction: A Spatiotemporal Land-Use Monitoring and Land Degradation Susceptibility Modeling over Balurghat City, India

Most Indian cities restrict access to green spaces due to the fast growth of urban gray spaces. The dynamic convergences of these two spaces could enhance city-level land degradation. This issue is rarely studied in Indian cities, however. This study seeks to examine the interactive nature of urban green (V) and gray (U) spaces and to model land degradation susceptibility (LDS) in Balurghat City, India. Decade-wise remote sensing data are analyzed to understand city statutory level transformation, alteration of different land-use types, and city grid-level U–V interaction scenarios. Identified LDS parameters such as soil organic carbon content (SOCC), land productivity dynamics (LPD), vegetation dynamics (Vdynamics), and urban developed land dynamics (Udynamics) are modeled using the analytical hierarchy process method. The structural equation model evaluates the current model fitting. Results show a steady increase in U concentration conversion per grid (by reducing V) from 2000 to 2020, suggesting the dynamic situation of U and V in the city. The model-fitting statistics show that the SOCC strongly influences LDS, followed by Vdynamics, Udynamics, and LPD. The significance of this study remains in its methodological framework, identified city-level LDS drivers, and approaches to evaluate urban V and U in a spatiotemporal frame.

Konwencja UNESCO o ochronie podwodnego dziedzictwa kulturowego z 2001 roku a prawo polskie. Postulaty de lege ferenda w zakresie regulacji wydobywania zabytków z morza

The aim of this article is to formulate de lege ferenda conclusions that result from Poland’s ratification of the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage. After a brief analysis of the principles of this Convention and comparing them with the relevant provisions of Polish Law, the author proposes five fundamental changes that should be made to this Law for greater effectiveness. These concern, in particular, the regulation of archaeological research, including the procedures intended for foreign entities and the participation of the Minister of Culture and National Heritage. Moreover, the article addresses the exclusion of the application at sea of the provisions on the search for „hidden or abandoned movable monuments” and the search for „shipwrecks and their remains”. Finally, it recommends moving the procedure for „searching shipwrecks” to the statutory level and unambiguously defining the legal status of monuments extracted from the sea, which according to the Convention „cannot be traded”.

Financial autonomy of local self-government in Croatia

The paper examines the notion and determinants of financial autonomy of local self-government in Croatia. The right to local and regional self-government as well as the competencies of local government units have been granted by the Constitution. Accordingly, the local government units are entitled to their own revenue, which they freely dispose of in performing their activities. However, financial autonomy is not clearly stated or defined, either at the constitutional level or at the statutory level. The primary source of local units’ revenues are taxes, followed by aid, ‘own source’, and earmarked revenues. The special emphasis of the paper is on ‘local’ taxes and the role of local government units in the formal aspects of financial autonomy, i.e. designing the local taxes’ notions and features. The paper also contains research on other local government units’ revenues, their legislative basis and normative design, and their role in local financial autonomy. Following the setting of the normative framework, the paper goes on to investigate the substantive aspect of fiscal autonomy, i.e. the fiscal role of local government taxes and other local revenue. The conclusions of the paper sum up the findings of the research and provide recommendations with the aim of making the system more sustainable in designing and achieving the financial autonomy of local government units in Croatia.

The Conscience Clause of Service Providers from the Perspective of Legal Security

This paper discusses the issue of legal applicability of the conscience clause with respect to service providers. In the Polish legal order, at the statutory level, currently there are no provisions regarding the conscience clause of service providers. When assessing the issue from the perspective of legal security, the implementation of the abovementioned legal provisions into the Polish legal system appears to be a priority, since it would significantly improve the legal security of both service providers and service recipients.

From theory to practice: optimisation of available information for landslide hazard assessment in Rome relying on official, fragmented data sources

The definition of landslide hazard is a step-like procedure that encompasses the quantification of its spatial and temporal attributes, i.e., a reliable definition of landslide susceptibility and a detailed analysis of landslide recurrence. However, available information is often incomplete, fragmented and unsuitable for reliable quantitative analysis. Nevertheless, landslide hazard evaluation has a key role in the implementation of risk mitigation policies and an effort should be done to retrieve information and make it useful for this purpose. In this research, we go through this topic of optimising the information available in catalogues, starting from landslide inventory review and constitution of a boosted training dataset, propaedeutic for susceptibility analysis based on machine learning methods. The temporal recurrence of landslide events has been approached here either through the definitions of large-scale quantitative hazard descriptors or by analysis of historical rainfall (i.e., the main triggering factor for the considered shallow earth slope failures) databases through the definition of rainfall probability curves. Spatial and temporal attributes were integrated, selecting potential landslide source areas ranked in terms of hazard. Data integration was also pursued through persistent scatterer interferometry analysis which pointed out areas of interest within potential landslide source areas featured by ongoing ground movement. The consequential approach led to the definition of the first hazard product of the city of Rome at a local scale functional for advisory purposes or the statutory level, representing a thematic layer able to orient the risk managers and infrastructure stakeholders.

Regulating sound in Indonesian urban areas

Like other developing countries where traffic is a significant sound nuisance, traffic in Indonesian urban areas is boisterous. How this condition is regulated by the Indonesian government so that the community can live healthily and comfortably is a very crucial issue. Unfortunately, Indonesia has not had any sound environmental improvement since the regulation was enacted. Additionally, regulators and government officers who run the rule carelessly worsen the condition. This study aims to study how sound is regulated in Indonesia’s central and local governments, what types of sound or noise and levels are covered, and whether recent local regulations have been enacted to regulate sound in Indonesian cities. The study mainly uses quantitative, i.e., snowball or chain referral sampling techniques, to collect sound regulations applied in ten large and busy cities in Indonesia. Then, the qualitative stage was conducted based on the content of the rules. The data shows that the Indonesian government at both the central and regional levels does not have legal standing to regulate noise caused by the absence of noise regulation at the statutory level that can force those who violate the law to be punished. The only regulation is by the Minister of Environment, dated 1996, which is referenced nationally and adopted by most cities without or with minor modifications. This study found that (1) six of the ten cities regulate only one type of noise among various types of noise, (2) twelve of the 35 local regulations incorporate noise regulations into air pollution regulations instead of stand-alone regulations, (3) because provinces and cities adopt central regulations, the lowest noise level follows the central standard at 55 dB for settlement area without specific frequency ranges, (4) there is no straightforward procedure on how measurements to be carried out except in regulations stipulated by Yogyakarta province. There is also a fact that a standardized procedure for measuring noise is vital to be included in the regulation because unskilled government officials collected invalid data in dealing with a noise complaint leading to an unresolved situation.

Were the Lithuanian and Polish Responses to the Refugee Influx Legal or Illegal?

Abstract Since the summer of 2021, the Baltic Sea states of Latvia, Lithuania and Poland have been facing an influx of refugees from the territory of Belarus. This migration is fully controlled by the Belarusian authorities. Refugees, coming mainly from Middle Eastern countries, are forced to cross the border with neighbouring EU countries. The aim of this article is therefore to present the legal responses of the Lithuanian and Polish authorities to this influx, to compare the solutions adopted and to critically analyse them. Both states decided to use constitutional measures in the form of states of emergency introduced on a part of their territory, and adopted a number of solutions in laws and regulations. Therefore, the article critically analyses the legal basis for the introduction of a state of emergency in both states. It also analyses the solutions adopted at the statutory level, which enable border services to use push-back. The legal regulations introduced are also compared with international and European Union law binding on both Lithuania and Poland. Therefore examples of violations of international law in the field of refugees’ rights to seek international protection are indicated.

Право на образование в Конституциях ГДР и СССР

The article considers the right to education recorded in the Constitutions of the German Democratic Republic and the Soviet Union, as well as some related norms applied in the Soviet zone of Germany. The author used the comparative legal method, e.g., the method of normative comparison, to compare the education laws in East Germany and the USSR. The state regulation of education started in East Germany in the pre-republic period. The period of 1945–1949 saw a ban of private schools, a single structure for all comprehensive schools, and a stipulation of equal rights to education. The constitution of the German Democratic Republic, which appeared in 1949, enshrined these norms at the statutory level. However, the new Constitution inherited a lot from the Weimar Constitution. The consolidation of education rights in the Constitution of 1968 differed from the variant of 1949. The Constitution of 1968 did not follow the education model of the Soviet Constitutions of 1936 and 1977, which were almost identical in structure and content. Despite the strong influence of both Soviet law and Marxist-Leninist ideology, the Constitutions of East Germany were independent in terms of education rights.

Poslovne i institucionalne determinante efektivnih poreskih stopa u bankama u Republici Srbiji

The objective of the current paper is to study the influence of the selected business and institutional determinants on the annual effective tax rates in banks in the Republic of Serbia (RS). Panel data regression models are applied on 113 observations, covering the period from 2017 to 2021, where the accounting and current effective tax rates are used as a measure of the actual tax burden. The results show that the effective tax rate in banks in RS is significantly below the statutory level. Furthermore, for each data set, the coefficients of changes in the effective tax rate are calculated, and the most adequate model is selected using the Hausman and Breusch-Pagan tests. In the first model, the biggest change in the effective tax rates is caused by change in leverage, merger and aquisition processes and the bank size. The presence of loan loss provisions in the model completely highlights the impact of profitability and leverage. Finally, in the last model, banks with a profit before tax can manage effective tax rates and tax burdens by regulating capitalization levels. The results of this study are of interest for economy creators and for business managers in banks, helping them in effective tax planning and managing the results.

PENDEKATAN KEADILAN RESTORATIF DALAM PENEGAKAN HUKUM TINDAK PIDANA SIBER DI POLDA JATIM

Regulations at the statutory level will make restorative justice provisions for resolving cyber cases become lex posterior derogat legi priori against the provisions of the procedural law applicable in the Criminal Procedure Code. Then for mediators, special certification should be carried out for investigators, namely mediator certification in order to optimize conflict resolution for both parties in dispute. For building facilities or mediation rooms need to be held to ensure the seriousness of the work program priorities, namely the settlement of cases through restorative justice. To address the difficulty of the two parties meeting to mediate due to the current pandemic situation, it is necessary to hold an online dispute resolution or ODR.

POSTPARTUM INSERTION OF INTRAUTERINE CONTRACEPTIVE DEVICE: A SAFE AND EFFECTIVE CONTRACEPTION

The incidence of maternal mortality and morbidity related to the termination of unwanted pregnancy in Pakistan is rising at an alarming rate. Instant Postpartum insertion of intrauterine contraceptive device (PPIUCD) is an effective contraceptive measure to reduce unexpected pregnancy and its associated complications in developing countries like Pakistan. The current study was conducted in a public sector hospital in Karachi with a total of 7314 pregnant women counselled for insertion of PPIUCD antenatally. Out of which 5682 women agreed to the insertion and 1632 refused the procedure, mostly due to unfamiliarity with PPIUCD insertion. PPIUCD was inserted within 48 hours of delivery in 1441 patients and they were followed for 6 months onwards. Total postpartum insertions were 1441 which was found to be an effective measure with the continuation rate of 91% among 785 followed up cases. Postpartum IUCD insertion was found as an effective, satisfactory and convenient practice for the women of developing countries like Pakistan, to get an on-time appropriate contraceptive measure. : PPIUCD was found to have high retention and low expulsion rate and its efficacy can be improved further by proper training and skills of healthcare professionals. In this regard, appropriate strategies should be formulated and implemented at the statutory level by increasing social awareness and practice of using PPIUCD by health care providers to reduce undesired pregnancies.

Sources of electoral law in selected Central Asian countries: Uzbekistan, Kyrgyzstan and Turkmenistan

The publication discusses the current problems of the sources of electoral law in Uzbekistan, Kyrgyzstan and Turkmenistan. In the indicated countries, the basic sources of electoral law are their constitutions and statutes, which are a development of constitutional norms. Of great importance in the field of electoral law are also acts of international law, the parties to which are the above-indicated states. At the statutory level, Central Asian countries have developed two models of regulation of electoral law norms: the model of dispersed regulation, in which the provisions of electoral law to representative bodies were regulated in separate acts, and the model of concentrated regulation, expressed in one normative act – the electoral code. In each of these countries the system of sources of electoral law is generally consistent in terms of normative technics and axiological values with similar regulations in developed democratic countries.

PENGUATAN PERLINDUNGAN HUKUM TERHADAP INVESTOR DALAM PENGEMBANGAN INVESTASI PADA BIDANG PARIWISATA DI KABUPATEN LOMBOK BARAT (KECAMATAN BATULAYAR)

This study aims to find out to what extent or how to strengthen legal protection for investors in the development of investment in the tourism sector in West Lombok Regency by finding out how the legal protection framework is, the protective barrier factors and steps to strengthen the protection taken in order to achieve legal protection. By using normative legal research methods and empirical legal research methods that examine how exactly the exact steps can be taken to optimize legal protection for investors. The results of this study indicate that the problem of legal protection for illegal investors is very complex, which requires a legal protection framework starting from the harmonization of regulations from both the statutory level to the district/city regulation level. Then another thing that was obtained was the number of problems that arose which later became a factor that hindered legal protection for investors, both in terms of investors and other aspects that could cause obstacles to legal protection. Therefore, strengthening steps were taken to resolve problems and legal protection efforts.

DISTRIBUTION OF AGE-SPECIFIC PROSTATE SPECIFIC ANTIGEN PROFILES IN MEN BETWEEN 40 AND 80 YEARS TESTED IN A UROLOGY CLINIC IN OGHARA, DELTA STATE, NIGERIA

Prostate cancer (PCa) is one of the most common cancers in men, and it is the leading cause of cancer deaths in the world today. PCa is detected via a Prostate Specific Antigen (PSA) test. PSA is a protein produced by malignant and noncancerous tissue in the prostate gland. Although PSA levels grow as a result of prostate cancer, a high PSA test result does not always mean a man has prostate cancer. Several studies have corroborated this assertion of the inability of elevated PSA levels to most effectively indicate carcinoma without necessarily following up with histological examination. This study considered men within the 40 – 80 age bracket, who presented at the Urology Clinic of Delta State University Teaching Hospital. Results showed that whereas the mean PSA value for normotensive participants was 8.0 ng/ml (or the 95th percentile of 46.6 ng/ml), the mean PSA of 15.3 ng/ml (or 72.2 ng/ml as the 95th percentile) for those participants with BPH was reported. For study participants with PCa, a mean PSA of 43.2 ng/ml was reported. Although the statutory level for PSA within that age bracket is 4.0 ng/ml, significant increases in the normotensive participants mean that elevated PSA may not have been due to either BPH or carcinoma. Although there was a strong association between PSA levels and PCa based on the Phi and Cramer’s V value of 0.221, sensitivity was 50% and the positive predictive value was less than 20%. With the report of PSA elevations in normotensive individuals, and also with reports of some patients with reported PCa who had low PSA levels, it is suggested PSA levels may not be used in isolation. There is a need therefore to enhance the reliance on PSA or the development of more accurate biomarkers for PCa.

‘Spaces’ for restorative development: international case studies on restorative services

ABSTRACT This paper examines the concept of the ‘spaces’ into which restorative services develop. We conceptualise such ‘spaces’ as: social, the people and communities; as political, the will for developments; as physical, the geography and facilities; and as economic, dependent on the resources available. The first case study examines the hub-and-spoke model from Gloucestershire, England, where a top-down approach with buy-in at the statutory level provides ‘space’ for institutional engagement and integration of restorative practice. The second examines community-led restorative services in Belfast, Northern Ireland, originally tackling paramilitary violence they now fill a ‘space’ in local communities caused by a distrust of the state. The final case study is from Kenema City, Sierra Leone, where a post-conflict and post-Ebola ‘space’ is filled by an urban agriculture scheme aiming to divert young people from harmful activity and to reintegrate into society. Across the three cases in this paper, we hope to show that the types of ‘space’ we identify can be an important conceptual tool in helping to understand how and why restorative services develop, the provision they offer, and the capacities they haves to expand.

Equal access to healthcare in national legislations: how do Croatia, Germany, Poland, and Slovenia counteract discrimination in healthcare?

BackgroundThe aim of the study was a comparative analysis of legislative measures against discrimination in healthcare on the grounds of a) race and ethnicity, b) religion and belief, and c) gender identity and sexual orientation in Croatia, Germany, Poland and Slovenia.MethodsWe conducted a search for documents in national legal databases and reviewed legal commentaries, scientific literature and official reports of equality bodies. We integrated a comparative method with text analysis and the critical interpretive approach. The documents were examined in their original languages: Croatian, German, Polish, and Slovenian.ResultsAll examined states prohibit discrimination and guarantee the right to healthcare on the constitutional level. However, there are significant differences among them on the statutory level, regarding both anti-discriminatory legal measures and other legislation affecting access to healthcare for groups of diverse race or ethnicity, religion or belief, sexual orientation or gender identity. Croatia and Slovenia show the most comprehensive legislation concerning non-discrimination in healthcare in comparison to Germany and even more Poland. Except for Slovenia, explicit provisions protecting equal access for members of the abovementioned groups are insufficiently represented in healthcare legislation.ConclusionsThe study identified legislative barriers to access to healthcare for persons of diverse race or ethnicity, religion or belief, sexual orientation or gender identity in Croatia, Germany, Poland and Slovenia. The discrepancies in the level of implementation of anti-discriminatory measures among these states show that there is a need for comprehensive EU-wide regulations, which would implement the principle of equal treatment in the specific context of healthcare. General anti-discrimination regulations should be strengthened by inclusion of anti-discrimination provisions directly into national legislation relating specifically to the area of healthcare.

International experience of crime investigation in the field of human trafficking

The paper aims to define an effective anti-human trafficking system in Ukraine. On the basis of theoretical information and international experience systematic analysis, the peculiarities of investigating crimes in the field of human trafficking are identified: timely receipt of information concerning crimes commission, assigning a case of human trafficking to an investigator or prosecutor with positive experience in detecting such crimes, cooperation of law enforcement agencies with each other and law enforcement agencies of other states in regard to effective ways of such crimes investigation, an effective system of human trafficking victims support. It is possible to increase the effectiveness of combating human trafficking through activities in the following areas: training of law enforcement officers in accordance with international standards; exchange of experience between Ukrainian law enforcement officers with the employees of relevant institutions of other countries; enshrinement at the statutory level of stricter responsibility for such crimes commission; monitoring the compliance of the Ukrainian anti-human trafficking system activities with international standards; creation of a comprehensive support system for human trafficking victims.