Legislative Structure Research Articles

RNA interference: a promising biotechnological approach to combat plant pathogens, mechanism and future prospects.

Plant pathogens and other biological pests represent significant obstacles to crop Protection worldwide. Even though there are many effective conventional methods for controlling plant diseases, new methods that are also effective, environmentally safe, and cost-effective are required. While plant breeding has traditionally been used to manipulate the plant genome to develop resistant cultivars for controlling plant diseases, the emergence of genetic engineering has introduced a completely new approach to render plants resistant to bacteria, nematodes, fungi, and viruses. The RNA interference (RNAi) approach has recently emerged as a potentially useful tool for mitigating the inherent risks associated with the development of conventional transgenics. These risks include the use of specific transgenes, gene control sequences, or marker genes. Utilizing RNAi to silence certain genes is a promising solution to this dilemma as disease-resistant transgenic plants can be generated within a legislative structure. Recent investigations have shown that using target double stranded RNAs via an effective vector system can produce significant silencing effects. Both dsRNA-containing crop sprays and transgenic plants carrying RNAi vectors have proven effective in controlling plant diseases that threaten commercially significant crop species. This article discusses the methods and applications of the most recent RNAi technology for reducing plant diseases to ensure sustainable agricultural yields.

The Epidemic Diseases Act (1897): A study of international and domestic pressures on British epidemic policy formation in India.

The Epidemic Diseases Act (EDA) was enacted in February 1897 by the Government of India to prevent and control the spread of the plague. Since then, the Act has become a key legal tool for the control of epidemics/pandemics in India. We attempted to understand the international and domestic pressures that led to the adoption of the EDA in three ways. First, we analyse the legislative structure (Bombay Municipal Act of 1888, Indian Railways Act of 1890, and Act I of 1870) that dealt with infectious or contagious diseases in colonial India before the EDA came into force. Second, we focus on the linkages between international and domestic pressures that necessitated the adoption of the EDA. Third, we analyse the discussions of the Council of the Governor General of India on the bill titled 'A Bill to Provide for the better prevention of the spread of Dangerous Epidemic Diseases', which later became the Epidemic Diseases Act No. III of 1897. We situate the EDA in an international context of International Sanitary Conferences, quarantine, trade concerns, and pilgrimage to Mecca in order to understand the pressures that impacted British epidemic policy formation in colonial India.

The Challenges and Opportunities of Environmental Law Enforcement: A Systematic Review

Introduction: The formation of environmental law in many countries worldwide will unavoidably be promoted and coordinated by the non-governmental environmental groups currently in the world. In addition, it will benefit some developing countries where environmental protection is not a priority, environmental laws are not well-established, and oversight is not rigorous enough. Objective of research: This paper aims to explore the challenges and opportunities of environmental law enforcement in many countries in the world. Methods: A systematic review was used in this study. Based on the Preferred Reporting Items for Systematic Reviews and Meta-Analyses, this study followed the steps of a systematic review of the literature (PRISMA). The final sample of 35 publications was analyzed, considering the year of publication, methods utilized, geographical location, the topic of challenges, and opportunities in enforcing environmental law. Responding to environmental crime is largely the responsibility of government enforcement and regulatory authorities, whether at the national, subnational, or municipal levels. Results and Discussion: The primary reaction agencies in most areas of the world are police, customs and border protection, and environmental regulatory agencies. To assist developing nations in improving environmental legal instruments and supervision; to achieve the ultimate goal of regional and even global environmental law coordination; to train relevant persons, relevant agencies, and other topics in the necessary environmental skills and knowledge; and to transfer and teach environmental knowledge and law within a specified time frame. Conclusion: Although some countries have a thorough legislative structure for environmental protection, local government independence and law enforcement must be improved. The ability of environmental law to serve a purpose is critical in determining whether the measures should be fully implemented.

Why 50?: ‘industrial application’ limitation in the Indian copyright-design interface

Abstract The current IP overlap in Indian copyright and design laws maintains that fine art aesthetics remain a province of copyright law and are strictly disjointed from protection afforded to utilitarian objects under design law. In practical application, however, Section 15 of the Indian Copyright Act, 1957 serves as a point of partial cumulation. Section 15(2) creates a curious situation where the nature of the work could be determined not by its substantive subject-matter requirement but rather an arbitrary rule of more-than-50 articles of production. Section 15 remains an unrefined relic of the Imperial Copyright Act of 1914. The strong reactions against the repeal of Section 52 of the UK Copyright, Designs and Patents Act of 1988 along with varied applications of the 50-article rule in other common law jurisdictions can be useful for the Delhi High Court in considering the ongoing constitutional challenge against Section 15(2). Differences in judicial opinions in a rather small pool of precedents have created significant scepticism in interpreting the precise scope of this ‘industrial application’ limitation. Repealing Section 15(2), despite its controversial status, would move the Indian copyright-design interface from partial to full cumulation—a result that does not sit well with the present legislative structure. Resolution of the issue requires the court to display sound conceptual deftness.

The Role of the Supervisory Board of the Indonesian Corruption Eradication Commission as the Watcher of the Watchers: Encouraging or Inhibiting the KPK's Work?

This research examines the role and complex relationship between the Corruption Eradication Commission (KPK) and its Supervisory Board, with a focus on the Supervisory Board's function as a supervisor of accountability and integrity. The KPK Supervisory Board, which is known for its vigorous anti-corruption initiatives, has institutional control over the organization. This study examines how this supervision impacts the effectiveness of the Corruption Eradication Committee and considers whether the Supervisory Board supports efforts to eradicate corruption or is actually an obstacle to efforts to eradicate corruption. The history of the development of the KPK, the formation and duties of the Supervisory Board, as well as the legislative structure that regulates its affairs, are all included in the examination. In addition, this research also evaluates specific cases where the Supervisory Board's actions influenced the direction of KPK investigations and activities. This research takes a balanced approach, respecting the value of accountability systems but also considering any weaknesses resulting from overly burdensome supervision. The role of the Supervisory Board in preventing abuse of power, harmony between autonomy and accountability, and the impact of the Supervisory Board's decisions on the effectiveness and morale of the Corruption Eradication Commission are some of the main themes raised. Through critical analysis of these elements, this research adds a deeper understanding of the complex interactions between the Corruption Eradication Commission and its Supervisory Board and sheds light on the broader discussion in Indonesia regarding institutional checks and balances and anti-corruption initiatives.

Question of improving the legislative structure of the composition of the murder of a newborn child by a mother is still relevant

The article shows that although more than 25 years have passed since the introduction of the privileged composition into the Criminal Code of the Russian Federation in 1996 – the murder of a newborn child by a mother (Article 106), interrelated issues of legislative regulation of this corpus delicti and the qualification of these crimes remain relevant; the author’s position on a number of points concerning the improvement of the legislative structure of the considered the composition of the crime. In particular, the opinion is defended that the key condition for imputation of Article 106 of the Criminal Code of the Russian Federation are changes (deviations) in the psyche of a woman that occur under the influence of the peculiarities of the course of her pregnancy and childbirth, or under the influence of other external circumstances that can injure the psyche of a woman (traumatic circumstances) when she retains control over her behavior, That Article 106 of the Criminal Code of the Russian Federation should not apply to those women whose intent to kill their unborn child was formed during pregnancy, the latter contradicts the essence of the privileged corpus delicti; it is proposed to exclude the term «newborn» from the disposition of Article 106 of the Criminal Code of the Russian Federation, since its literal interpretation unreasonably restricts the use of this corpus delicti.

Систематизация законодательства как способ обеспечения устойчивого развития государства

The article is aimed at developing the structure of the state legislative system aimed at sustainable development. At the present stage of development, the state remains the only force capable of organizing society, coordinating individual and group behavior, and providing a power-normative order for solving common problems that threaten the foundations of people’s livelihoods. The authors believe that the theory of sustainable development, perceived in world politics, as a strategy for the future, has serious contradictions. The failure of the theory of sustainable development as a holistic concept should not lead to ignoring the problems it is aimed at. At the present stage, the most effective measures may be those taken at the level of individual states and their regional associations. It is concluded that solving the problems of sustainable development determines systemic changes in the structure of national legislation. Using the example of the Russian Federation, the authors developed the structure of such a legislative system.

THE PROSPECTS FOR ENVIRONMENTAL ASSESSMENT, REGULATION AND QUALITY MANAGEMENT OF SOILS AND LANDS

The most promising areas of ecological assessment, regulation and quality management of soils and lands are: the study of their ecological functions and the role of the anthropogenic factors in the formation of the natural complex of lands that has developed within land plots, taking into account natural conditions, the type of land use and the relationship with natural environments; study of natural connections between the soil cover and subsurface geological layers; determination of permissible changes in soil quality during oil pollution, forest and peat harvesting taking into account the prospects of natural selfrestoration of landscapes; the study of direct and inverse relationships of soils, aquatic environments and amphibian landscapes in conditions of land pollution; identification of the functional relationship between the state of soils and the quality of atmospheric air; study of aspects of contact of soils and other components of the environment with waste. The analysis of the existing legal norms aimed at protecting soils as a component of the environment allowed us to conclude that the structure of environmental legislation is incomplete, within the framework of which, among the existing federal laws regulating the protection of environmental components, a Law on Soil Protection needs to be developed.

PRODUCTION OF REMOTE INVESTIGATIVE ACTIONS: EXPERIENCE OF FOREIGN COUNTRIES

The article discusses the prospects for expanding the practice of conducting remote investigative actions during pre-trial proceedings. The author analyzes the legislative structure of Article 189.1 of the Code of Criminal Procedure of the Russian Federation, notes the formulations that prevent its effective implementation. A comparative legal analysis with similar provisions of the legislation of foreign countries is carried out, novelties of foreign legislation that can be used to improve Russian pre-trial proceedings are noted. The author proposes to simplify the procedure for conducting interrogations of participants in criminal proceedings using video conferencing, providing for the possibility of using video communication technologies in the criminal procedure legislation. The article points out the need to comply with additional procedural guarantees in this case, which may include mandatory video recording of the course of the investigative action, the possibility of recording the results of the investigative action in the form of a video file and (or) an electronic document certified with an electronic signature. The provisions of the criminal procedure legislation of the Republics of Kazakhstan, Belarus, India, Estonia, Armenia, which provide for fixing the circumstances to be proved in a criminal case not only in paper, but also in electronic form, are considered. Based on the analysis of the experience of the above-mentioned foreign countries, it is noted that the introduction of such practices in pre-trial criminal proceedings in the Russian Federation is significantly hindered by the lack of a Unified state information System providing for the possibility of storing criminal cases in electronic form, the procedure for the test introduction of such a system at the regional level is proposed.

Legal Framework for Cabotage Regime in Nigeria: Making a Case for Reform Initiatives

Nigeria's cabotage regime is critical to supporting indigenous involvement and growth in the marine sector. This paper investigates the Coastal and Inland Shipping (Cabotage) Act 2003, the legal framework controlling Nigeria's cabotage regime, and makes a case for reform proposals targeted at improving its efficacy in encouraging Nigerian shipping, shipbuilding, and other marine businesses and addressing existing issues. It investigates the current framework's strengths and shortcomings, indicating areas that require adjustment to fulfil the cabotage regime's planned objectives. It also examines key issues such as a lack of local capacity, a limping legal framework, insufficient enforcement, ambiguities in the legal provisions, a lack of capacity building, and limited access to funding that impede the effective implementation of the cabotage regime. The principal results of this study are the recommendation of broad reform initiatives such as enforcement procedures, institutional coordination, capacity-building programmes, financial incentives, and the promotion of shipbuilding and ship repair infrastructure to solve these difficulties and encourage long-term growth in Nigeria's marine industry. This study calls for a comprehensive strategy for reforming the legislative structure controlling Nigeria's cabotage regime. It emphasises the significance of stakeholder engagement, effective enforcement, and focused policy interventions to improve indigenous involvement, encourage economic development, and increase Nigeria's standing in the global marine industry. A major conclusion of this paper is that where these proposed reforms are implemented, they will provide a favourable climate for Nigerian shipowners, seafarers, and allied industries to prosper, thereby contributing to the nation's maritime sector's growth and sustainability.

Güney Afrika Kalkınma Topluluğunda Sağlık Sektörüne Yönelik İş Sağlığı ve Güvenliği Mevzuatı: Botsvana ve Güney Afrika Örneği

Occupational Health and Safety (OHS) legislation, regulation, and enforcement for workers in all sectors worldwide still need to be improved and require a radical and systematic approach to foster development. However, the advent of the COVID-19 pandemic has shed light on the great need for OHS legislation in every sector, with health at the forefront. Some nations in the Southern African Development Community (SADC) region need more organizational and legislative structures in OHS, particularly in the health sector. Literature on OHS in the Southern African region is scarce because it is still in its infancy and greatly underdeveloped. The purpose of this study is to conduct a traditional review of the structure of OHS legislation in the SADC region, specifically in Botswana and South Africa's health sector. In conclusion, Botswana and South Africa have reached different levels in developing legislation frameworks that govern workplace health and safety, with South Africa having a highly developed system compared to Botswana. Human resource shortage and a lack of OHS expertise are significant challenges in implementing and adhering to workplace health and safety programs in both countries. The development of occupational health, specifically in the health sector in both countries, the Southern African region and other developing countries, could be aided by a focus on developing specific policies and legislations and providing training and education in OHS.

Polish Takeover Regulation: The Recent Chapter in the Long Story of Flawed Rules, Legislative Hesitation and Policy Mistakes

This paper presents a critical examination of recent Polish takeover regulation from a perspective of evolution of capital market law in Poland. The study is based on both legal analysis and an empirical and statistical approach. Firstly, as a starting point, it briefly describes the mandatory bid rule and Takeover Bids Directive as well as the development of early Polish provisions. Secondly, the paper elaborates on the normative model of takeovers, which was in force until 2022. Using a case study and a comprehensive statistical examination of all mandatory bids carried out between 2008 and 2017, it shows how the unusual and incorrect legislative structure of two thresholds of control (33% and 66% of votes) allowed the actual circumvention of mandatory bids, to the detriment of minority shareholders. The paper also describes political considerations and political influences on the legislative process, which led to the failure of the 2014–2015 takeover law proposal. The core of the paper is devoted to the current takeover rules. Statistical research of ownership structures in Poland shows that the threshold of control set at 50% of votes is undoubtedly too high, which entails risks to investor protection that may arise from the adopted model. Based on research on significant holdings in Polish listed companies, the paper further elaborates on the notion of control over a public company and proposes a regulatory utility function to determine the desired threshold of control. This leads to the conclusion that the optimal regulatory threshold of control, given the characteristics of the Polish capital market, is 30% of votes.

Identifying the Initiatives of Construction Waste Management in Malaysia towards achieving Sustainable Construction

Construction waste management is not a new topic in the construction industry. It involves the management of waste material arising from construction, renovation, and demolition activities as such concrete, timber, steel, and plastics products. The poor construction waste management practice has led to failure to ensure sustainability in construction by increasing environmental impacts and illegal dumping. Hence, with proper construction waste management techniques and processes, the notion of sustainable construction can easily be achieved. The aim of this study is to identify the initiatives for construction waste management toward sustainable construction. The study adopted a quantitative method of questionnaires survey distributed to 118 numbers of Grade 7 Contractors in Pahang. The professional teams in the company provide their responses in regard to waste management initiatives taken by them. The findings revealed several initiatives taken by contractors in helping to move towards sustainable construction in Pahang as such strengthening the policies in government agencies regarding waste management and compliance with the law to the general legislative structure. This study contributes to increasing the effectiveness of managing construction waste, particularly for contractor companies who are major involved during the construction process.

The Concept of Postcolonial Othering in The Reluctant Fundamentalist and Exit West by Mohsin Hamid

The current study intends to explore the clash between East and West as depicted by Mohsin Hamid in his novels 'The Reluctant Fundamentalist' and ‘Exit West.’ The study looks at how far and how efficiently Mohsin Hamid has portrayed the concept of Postcolonial Othering in his literature, and analyzes its consequences on Asian and Western People. For this purpose, it has followed the qualitative interpretivism research methodology, in which the analysis is conducted through a review of Hamid's selected literature, as well as scholarly published articles. The collected data was further analyzed through inclusion and exclusion criteria, and findings were used to reflect the dimension of postcolonial literature towards highlighting the social and cultural issues, as well as the victimization of communities in the name of decolonization. Overall, the reason for conducting this research is to highlight the curse, which the world was facing due to the absence of legislative structure, policies, and social frameworks.

Reflections on the Functional Positioning of the Claims Analysis Method in the Teaching of Civil Law

Traditional civil law teaching mostly adopts theoretical lectures, and the lecture method with the goal of knowledge transfer has become the mainstream method of teaching civil law courses. Although the academic community once criticized this theoretical, abstract teaching method, its mainstream status has not been shaken. On the one hand, it is because the lecture method I,s an effective way for teachers to impart systematic knowledge and students to receive indirect knowledge; on the other hand, it is because China is a traditional statutory country, and although the civil law is an imported product, it is still formulated in a codified and cultural way. With the promulgation of the Civil Code, the teaching method of claim basis as the analysis method was gradually introduced to China by researchers studying in Germany and has become a more popular teaching method in the teaching of civil law. As an important successor of German civil jurisprudence, whether the claim-based analysis method, which is more in line with the legislative structure of the Civil Code, should be promoted as a necessary teaching method has become a more important topic. In the German legal education system, the analytical method of claim basis covers almost all stages from theory to practice and has a very important supporting role for German jurisprudence. However, it is undeniable that the claim basis analysis method itself has limitations. On the one hand, it provides an omniscient judge's perspective, which does not belong to the norm of real judicial practice; in addition, from the inherited situation of other countries in the civil law system, the complete adoption of the claim basis analysis method will raise the cost of the whole legal education. From the viewpoint of the actual requirements of legal education in China, the claim basis analysis method can only be used as one of the means of legal teaching and requires the relevant curriculum system to cooperate to complete the reasonable positioning of the claim basis analysis method.

State of knowledge on emergency response and crisis management

In the era of late modernity, individual vulnerability is affected by various threats and risks. Consequently, people need to be aware of these and fit in more than ever before. To help people become competent in this changing world and to prepare for future threats, academic institutions play a vital role. To understand such an academic role, a part of the literature has highlighted how a student can better learn emergency responses (ER) and crisis management (CM). Nevertheless, very little literature has focused on how a developing country’s students, particularly teenagers, learn and understand ER and CM. Focusing on such gaps in the literature, this study aims to understand a sample of Bangladeshi secondary students’ state of knowledge related to ER and CM. With the help of cluster sampling, the researcher distributed a survey among a sample of 360 students between 9th and 12th standard from two southern districts respectively Khulna and Noakhali, which are also disaster-prone areas of Bangladesh. Adopting Krathwohl’s model of knowledge typology, such as factual knowledge, conceptual knowledge, procedural knowledge, and metacognitive knowledge, the researcher collected and evaluated the data with descriptive statistics. The findings of this study show that even though most of the students are familiar with different ER- and CM-related keywords, they have limited deeper knowledge. Furthermore, there was a significant knowledge difference between the genders. Similarly, the lack of training in the academic environment also makes these young students vulnerable to any kind of threat from their surroundings that could affect the districts’ weak institutional and legislative structure. The scholarship of this study, which has policymakers and young academics as its possible audience, could assist them in raising the knowledge levels of students by adding new information to textbooks with illustrations and by setting up drills.

The Legislative Defects of Public-Private Partnership in China and Lessons Drawn

Over the recent decades of economic growth, the Public-Private Partnership (PPP) has been an emerging business model for the Chinese government to establish an efficient relationship with the private sector for public policy. However, there exist obstacles to truly implementing a PPP in place. Apart from inexperienced PPP implementation, the lack of appropriate legal guidance is another major barrier to carrying out a PPP project. A shortage in a well-structured legal system, encompassing relevant legislative deficiency, leaves the scholars the duty to navigate the way for enhancing legislative structure for PPP. Even loads of research have been done on defining the role of the government and the private capital, in hopes that the risk-bearing process involved in a PPP project would be properly designed. But little discussion thereof has been carried out, combining the analysis with the legal nature of public-private partnership itself. Therefore, this paper presents a theoretical framework for examining the legal nature of PPP and analyses the legislative defects regarding PPP with a case. In this paper, the fragmented nature of PPP legislation in China is figured out, pointing to the absence of laws with higher hierarchies regulating PPP, which reveals the vague legal nature of PPP contracts and little legal constraints on the government. What is also surfaced from the fragmented and chaotic PPP legislative state is the ill categorized legal nature of the government, with overlapping roles from different governmental departments, exacerbating the unevenly distributed risks imposed on different parties involved in PPP. This paper then ends with conclusions extracted from experience drawn from both inside and outside China, particularly making an analogy with France, and stresses the need to build a more detailed and logically clarified legislative system for PPP.

CONSTITUTIONAL AND LEGAL REGULATION OF THE FOUNDATIONS OF MODERN SECURITY THROUGH THE PRISM OF RESPECT FOR RIGHTS AND FREEDOMS

The study touches upon the aspect of assessment and legislative implementation of the issue of ensuring national security through the prism of constitutional and legal regulation of its foundations. The purpose of the study is to establish the relationship between the principles of constitutional regulation of mechanisms for ensuring rights and protecting rights and freedoms and the legislative structure reflecting the procedure for the operation (application) of means of ensuring national security. The objective of the study is to identify the balance and contradictions between these principles, as well as to assess the measures taken by the legislator when introducing new directions of constitutional and legal regulation into these institutions. The spectral analysis method was chosen as the main research method. Results: according to the results of the study, the author was able to establish that the forms of coexistence introduced by the legislator require more detailed consideration, both from the point of view of disclosing their legal essence and from the point of view of their evaluative purpose in ensuring the necessary security of society. Conclusions: the legislator initially does not give an unambiguous answer to the question-what exactly means and methods should be used so that the issue of moral development of society will allow raising the state of national security to a new level, while not violating the principles reflected in the Constitution of the Russian Federation.

A review of immunization legislation for children in English- and Dutch-speaking Caribbean countries.

To assess the legislative frameworks concerning childhood vaccination in the English- and Dutch-speaking Caribbean and propose a model legislative framework for Caribbean countries. This study included a survey of 22 countries and territories in the Caribbean regarding legal vaccination mandates for school entry, budget allocations, sanctions, or exemptions. A legal consultant conducted a comprehensive search and analysis of legislation regarding vaccination among 13 Caribbean countries/territories. A comparative analysis of the legislation under five themes-legislative structure, mandatory vaccination, national immunization schedule, sanctions, and exemptions-formed the basis for the proposed model legislation. Among the 22 Caribbean countries/territories, 17 (77%) had legislation mandating vaccination, 16 (94%) mandated vaccination for school entry, 8 (47%) had a dedicated budget for immunization programs, and 13 (76%) had no legislated national schedules. The source of legislation includes six (35%) using the Education Act, eight (47%) the Public Health Act, and five (29%) a free-standing Vaccination Act. Three countries/territories-Jamaica, Montserrat, and Saint Lucia-had immunization regulations. In 12 (71%) of the 17 countries with legislation, sanctions were included, and 10 (59%) permitted exemptions for medical or religious/philosophical beliefs. Several countries in the Caribbean have made failure to vaccinate a child an offense. By summarizing the existing legislative frameworks and approaches to immunization in the Caribbean, the analysis guides policymakers in making effective changes to immunization legislation in their own countries.

Measures to Ensure Cybersecurity and Regulation of the Internet of Things in the Russian Federation: Effectiveness Assessment

This study aimed to determine hierarchical structure of Russian legislation regulating the Internet of Things (IoT) and cybersecurity, evaluate country’s information security level, and assess effectiveness of measures implemented in this area. Indicators of the Global Cybersecurity Index (GCI) and National Cybersecurity Index (NCSI) were analyzed. It was revealed that Russia has relatively high cybersecurity level (the country ranks twenty-eighth and twenty-seventh for GCI and NCSI, respectively). The findings might be useful in elaborating strategic and tactical measures to ensure cybersecurity. The developed hierarchical structure of Russian legislation can become basis for creating single legal code on IoT regulation, currently absent in Russia.