Legislative Trends Research Articles

Policy in the IP Field in Academic Institutions and Higher Education Institutions

Introduction. Along with the creation of intangible objects, their effective introduction into production and other spheres of public relations to satisfy both the private interest of creators, the persons who have invested the funds in their creation, and the public interest acquire the particular importance.Problem Statement. The study of intellectual property policy in the activities of universities and research organizations now receives serious attention, in particular by institutions such as the World Intellectual Property Organization and the European Union.Purpose. The purpose of this research is to identify regulatory requirements and scientific approaches to the formulation of intellectual property policy of higher education establishments and R&D institutions of Ukraine, as well as proposing measures to improve the effectiveness of this policy.Materials and Methods. Analytical analysis of current regulations and scholarly research works in order to develop proposals for improving the effectiveness of intellectual property policy in the activities of higher education establishments and R&D institutions of Ukraine.Results. It is disputable that in the case of the conveyance of intellectual property rights as a contribution to the authorized capital of legal entities, such property rights “shall be held by a state-owned R&D institution or university, academies, institutes”. After all, if any assets are conveyed as a contribution to the authorized capital of a corporation, the titles to these assets are transferred to the corporation.Conclusions. The positive legislative trends in the educational field provide for strengthening the positions of education establishments and R&D institutions in terms of the commercialization of scholarly research and R&D results.

The ‘Rebirth’ of the EU as an Audit Legislator

In April 2014, important new audit legislation was adopted by the European Parliament and the Council, i.e. the 2014 Auditing Directive and the PIE Regulation. In the author’s opinion, the role of the EU as an audit legislator has significantly changed over time. More specifically, the new audit legislation indicates the ‘rebirth’ of the EU as an audit legislator. The article focuses on the role of the EU as an audit legislator, even though the EU also has an important role to play as an accounting legislator. The most important legislative acts when it comes to EU audit legislation are discussed. A number of important trends in EU audit legislation are also identified and discussed. These include an increased legislative focus on Public-Interest Entities (PIEs), a change from a ‘directive only’ to a ‘directive and regulation’ legislative paradigm, a legislative change from the ‘periphery’ to the ’core’ of auditing, ‘codification’ of provisions from the International Standards on Auditing (ISAs) in EU legislation as well as a discussion on a possible EU adoption of the ISAs. Auditing, audit legislation, 8th directive, green paper, financial crisis, auditing directive, pie regulation, public-interest entities (pies), international standards on auditing (ISAs)

선박안전법상 벌칙 규정에 관한 비판적 검토 -한․일 관계 법령의 공시적·통시적 비교를 중심으로-

This paper conducted the synchronic and diachronic comparative law studies between the relevant legislations in both Korea and Japan to confirm the adequacy of the penal provisions under the Korea`s Ship Safety Act. Questions have been repeatedly raised about the excessive punishment in the maritime laws, especially the Ship Safety Act. To reveal this clearly, this paper attempted a multidimensional analysis through comparison between current Ship Safety Act&Criminal law of Korea, between Ship Safety Act&Criminal law of Japan, and between those two countries. In particular, to keep track of the diachronic changes, examined the history of relevant legislations. The main content of this paper is as follows. First, the maritime law, which includes the Ship Safety Act, reveals excessive and symbolic criminal law issues. In order to promote understanding of the problem and for improvement of the system, it is necessary to introduce a comparative methodology that involves in-depth social analysis reflected in the legislation rather than simple comparison. Second, as a result of synchronic comparing between current Ship Safety Act & Criminal law of Korea and Japan, it can be perceived that the penal provisions under Korea's Ship Safety Act are not appropriate compared to the Korea`s Criminal law, and that they are clearly excessive compared to Japan's case. Third, through the diachronic analysis of the changes in the Ship Safety Act of Korea and Japan since the initial enactment in relation to the occurrence of major maritime accidents showed a clear symbolic tendency in the recent provisions of the Ship Safety Act of Korea. In particular, it is also confirmed that the actual effect of the symbolic legislative trend is insignificant. Fourth, it is suggested that the overall revision of the penalty regulations in Ship Safety Act of Korea is inevitable in order to solve the problems identified above.

Satellite Earth Observation and National Data Regulation

National space law in general aims to implement a State's obligations under the UN Space Treaties to authorize and supervise public and private sector space activities and to limit the liability risk exposure of a State. However, Earth observation data regulation is becoming of increasing importance as the Earth observation sector becomes more mature, although until recently only a few States have enacted legislation for private Earth observation activities. The purpose of this article is to review the situations in five countries that have so far created Earth observation data regulations, namely Canada, France, Germany, Japan, and the United States. The relevant laws and regulations for each country are reviewed and assessed, followed by the identification of common trends in Earth observation data regulation and legislation. The conclusions of the article point to a growing need by nations to focus on Earth observation data regulation as the result of technology developments, national security considerations, and increased international competition.

Global diffusion of laws: The case of minimum age of marriage legislation, 1965–2015

ABSTRACT The majority of countries in the world have laws setting the minimum age of marriage at 18 years old. This is a global legislative trend that intensified greatly in the 1990s. What explains this trend? To answer this question, I conduct quantitative analyses of factors influencing legislation setting the minimum age of marriage at 18. I analyse time-series data for 167 countries from 1965 to 2015 to examine which countries were early adopters of legislation. Drawing on world society theory, I theorise that global level institutionalisation of norms concerning women and children is the key to understand the passing of minimum age of marriage laws. Findings indicate that world cultural scripts and the presence of women legislators are the main impetus behind the fight against child marriage. Countries with a Muslim majority are less likely to pass laws setting the minimum age of marriage at 18.

Normative and individual acts as tools of public administration activity in the field of television and radio broadcasting

Normative and individual acts as tools of public administration activity in the field of television and radio broadcasting
 The article highlights the essence of normative and individual acts of subject of public administration used in the field of television and radio broadcasting. Emphasis is placed on the need to take into account current trends in national legislation and the views of European scholars on the transformation of the institution of forms of government in the institution of tools of public administration.
 It is noted that the administrative actions of subject of public administration aimed at ensuring the public interest can take a variety of external forms, and thus take the form of tools of public administration. The general features of public administration tools are singled out, among which: competence of subject of public administration, standardized form, possibility of appeal; as well as a comparative characterization between normative and administrative acts as tools of public administration, the main difference of which is determined by the range of persons covered by the act and the possibility of its repeated application.
 It is necessary to issue regulations by subjects of public administration in the field of television, which is a by-law that aims to decipher the abstract provisions of laws and give them a specific and holistic content. It was found that the issuance of regulations is an effective operational way to regulate the dynamic legal relations in this area.
 It is determined that the result of consideration and resolution of administrative cases in a certain order, which arise during the implementation of the relevant subjects, public administration in the field of television and radio broadcasting is the adoption of individual acts, which in turn are the basis for the emergence, change and termination of administrative legal relations in the field of television and radio broadcasting.
 Attention is paid to the fact that administrative law enforcement as a form of activity of subject of public administration in the field of television and radio broadcasting is aimed at individualization of legal norms in relation to specific subjects and specific life circumstances. Such activity is characterized by the issuance of individual acts, which is the result of consideration and resolution of administrative cases opened in a certain order.

Trends in antimicrobial resistance legislation 2011-2019: A review of the US policy response to the antimicrobial resistance threat and its public health Impact.

Antimicrobial resistance is a continued global threat to public health. In recognition of this threat, the executive branch of the United States government consolidated guidelines through the President's Council of Advisors on Science and Technology and Executive Order 13676. An analysis was conducted to assess the US government's response to this growing threat. Human and animal health legislation from 2011 to 2019 was reviewed using the congressional legislative database where 28 pieces of antimicrobial distinct legislation was identified. The majority of the bills identified were human health related and common themes found were incentivizing the development of new products, biodefense, expanded scope of use, and stewardship. Much fewer were identified pertaining to animal health; of those identified, common themes included stricter veterinary oversight, barriers to approval pathways for new products, and stewardship. The public health impact of these legislative efforts is in part related to a broader political tension of the role of government vs local authorities in managing regulatory enforcement and guidelines.

Prekogranični naslednopravni slučajevi i pokušaji harmonizacije srpskog zakonodavstva sa evropskim zakonodavstvom u oblasti naslednog prava

The study deals with the importance of harmonization processes related to the succession rules in the European Union. During the examination of the harmonization processes, a particular attention has been paid to migration, which nowadays has a deep impact on inheritance cases. In this regard the study demonstrates how the judicial cooperation is being realized in the European Union when it comes to succession-related issues. Among these, the study examines the current norms of the Serbian Act on private international law, which, from some aspects, has an obsolete system considering the conflict of laws rules in matters of succession with an international element. Namely, these rules are not harmonized with those of the European Succession Regulation, which means that the Serbian IPL system does not currently follow the European trends in legislation. Furthermore, it does not take into consideration certain current phenomena, especially the international migration and globalization. At the same time, Serbia is working hard to achieve a certain level of legal harmonization with the EU legislation. One proof of the harmonization attempts is the draft of the new PIL act of Serbia. The new concept of the conflict of laws rules and the new systemic approach of connecting factors is nearly completely identical with that of European legislative trends, especially regarding the scope of succession. If the draft act comes into force, it will mean, beyond any doubt, a giant leap for the country towards the European Union.

Global Lessons from Climate Change Legislation and Litigation

There is no country in the world that does not have at least one law or policy dealing with climate change. The most prolific countries have well over 20, and globally there are 1,800 such laws. Some of them are executive orders or policies issued by governments, others are legislative acts passed by parliament. The judiciary has been involved in 1,500 court cases that concern climate change (over 1,100 of which in the US). We use Climate Change Laws of the World (CCLW), a publicly accessible database, to analyze patterns and trends in climate change legislation and litigation over the past 30 years. The data reveal that global legislative activity peaked around 2009-14, well before the Paris Agreement. Accounting for effectiveness in implementation and the length of time laws have been in place, the UK and South Korea are the most comprehensive legislators among G20 countries and Spain within the OECD. Climate change legislation is less of a partisan issue than is commonly assumed: the number of climate laws passed by governments of the left, center and right is roughly proportional to their time in office. We also find that legislative activity decreases in times of economic difficulty. Where courts have got involved, judges outside the US have ruled in favor of enhanced climate protection in about half of the cases (US judges are more inclined to rule against climate protection).

Антимонопольное регулирование деятельности IT-гигантов: основные тенденции зарубежного и российского законодательства

The article is devoted to the antimonopoly regulation of IT giants` activities. The author presents an overview of the main trends in foreign and Russian legislation in this area. The problems the antimonopoly regulation of digital markets faces are the following: the complexity of determining the criteria for the dominant position of economic entities in the digital economy and the criteria for assessing the economic concentration in the commodity digital markets; the identification and suppression of cartels; the relationship between competition law and intellectual property rights in the digital age. Some aspects of these problems are considered through the prism of the main trends in the antimonopoly policy in the United States, the European Union, the United Kingdom and Russia. The investigation findings of the USA House of Representatives Antitrust Subcommittee against Apple, Google, Amazon and Facebook are presented. The author justifies the need to separate them, which requires the adoption of appropriate amendments to the antimonopoly legislation. The article analyzes the draft law of the European Commission on the regulation of digital markets – Digital Markets Act, reveals the criteria for classifying IT companies as «gatekeepers», and notes the specific approaches to antimonopoly regulation in the UK and the US. The article describes the concepts «digital platform» and «network effects», presented in the «fifth antimonopoly package of amendments», developed in 2018 by the Federal Antimonopoly Service of the Russian Federation, and gives an overview of the comments of the Ministry of Economic Development regarding these concepts wording in the text of the draft law, which formed the basis for the negative conclusion of the regulator. It is concluded that in the context of the digital markets’ globalization, there is a need for the international legal nature antitrust norms formation, since regional legislation obviously cannot cope with the monopolistic activities of IT giants.

Recovering financial sustainability of debtors: present-day legislative development trends

The purpose of the research is to study the problems rooted in the development of relations in the sphere of bankruptcy in the Russian Federation, connected with the inefficiency of procedures aimed at financial rehabilitation of business entities, as well as to identify the main directions for further changes in the legal regulation of this area. The methodological basis was based on the application of such research methods as logical and structural analysis, systemic-functional approach, formal legalistic method. The research resulted in the disclosure of substance, features and legal regulation of such an important mechanism of market relations as a bankruptcy. As part of the research, the authors present the evaluation of law enforcement practice based on the norms of the current legislation on insolvency. A particular result of its regulatory impact is cumulatively assessed. The key problems of the law enforcement practice that has been formed within the past 20 years, as concerns the sphere of insolvency of business entities, have been formulated. The further directions of changes in legal regulation with regard to the relations in the sphere of bankruptcy in the Russian Federation have been outlined. It was concluded that, in the current situation, a change of approaches to the current bankruptcy system in favour of extending the use of rehabilitation procedures can provide significant support to businesses facing a difficult financial situation. The novelty of the research lies in a comprehensive study of the problems connected with the inefficiency of rehabilitation procedures, and in the formulation of concrete proposals for improving the legal environment in the sphere of bankruptcy.

딥페이크 합성물에 대한 국내외 입법동향과 형사법적 수용문제- 딥페이크 포르노(Deepfake Pornography)를 중심으로 -

딥페이크 합성물에 대한 국내외 입법동향과 형사법적 수용문제- 딥페이크 포르노(Deepfake Pornography)를 중심으로 -

Review of domestic and international legislative trends related to surrogate mother contracts, and differences in perspective between medicine and law

The medical development of Assisted Reproductive Technology (ART) significantly assists infertile couples who are unable to conceive or carry a child as a result of congenital or acquired diseases. However, the process of artificial insemination by surrogacy arrangements or surrogate pregnancy has caused continued controversy surrounding legal and ethical issues. While surrogacy arrangements/surrogate pregnancy are considered invalid in the court, such measures are in practice performed with the assistance of doctors. From the legal perspective, although the measures are not recognized as the form of pregnancy and birth, the practice of surrogacy has already existed from the medical & practical viewpoints, indicating a significant gap between two sides. There are growing concerns about problems with surrogate pregnancy. The absence of stated regulations on such practice could lead to the failure in fulfilling duty by mutual parties, therefore having difficulty in securing the legal status of a baby. The health of a surrogate mother can be possibly damaged. Additionally, the intervention of illegal brokers could lead to the dangers of excessive commercialization. In fact, there are few statistics on how many children are formally born through such practice, therefore causing social problems for a long time, such as the related fraud, refusal to surrender a child, etc. In spite of such problems, it is hard to come up with active countermeasures or prepare statistics. Accordingly, this paper explores the differing views between the court and the medical community on surrogate pregnancy. By conducting a comparative study on the latest social status and the systems at home and abroad, this paper is aimed to arrive at a conclusion on desirable improvements in the system based on in-depth interviews with surrogacy-related experts in Korea. To accomplish this, the paper provides a change in the current system and a review of intervention. In addition, to secure safety of surrogate mothers and contracting parties and prevent any harm, the paper presents a viewpoint on whether a social consensus can be reached as to what issues should be considered top priority regarding the progress of discussions in the future.

Trends in State Whistleblowing Laws Following the Whistleblower Protection Enhancement Act of 2012

Recognizing the importance of whistleblower protection, government has equipped itself with legal tools to protect whistleblowers. At the federal level, the Whistleblower Protection Enhancement Act (WPEA) of 2012 represents the most recent legislative action protecting whistleblowers. Currently, all 50 states have their own whistleblower protection laws. However, given the variations among states in statutory protections for whistleblowers, a need exists to examine important changes to state whistleblower laws in light of larger legislative trends at the federal level. This study addresses this research gap by exploring how state whistleblower protection laws have changed following passage of the 2012 WPEA through the lens of institutional theory. Content analysis findings suggest that post-WPEA state whistleblower laws have adopted changes directly reflecting WPEA provisions. The findings further suggest that post-WPEA state whistleblower laws also contain changes which display loose connection to primary components of the WPEA.

How do clinicians define cultural sensitivity?: A mixed methods study

The aim of the study was to derive an empirically based definition of cultural sensitivity (CS) using psychologists as participants. In Study 1, nine psychologists were interviewed and asked how they conceptualized CS. Based on the results from Study 1, a survey was created for Study 2 and completed by psychologists (n= 142). Confirmatory factor analysis was used to determine if the conceptualizations of CS derived from Study 1 were a good fit. In Study 1, three emergent themes were identified regarding how psychologists conceptualized CS: awareness, cultural case conceptualization, and idiographic sensitivity. Results from Study 2 supported CS as a three-dimensional construct. Findings did not suggest that psychologists conceptualized CS as discrete group categorization. Shifts in immigration patterns, legislation, and societal trends indicate that a shift is needed whereby clients are viewed as individuals as opposed to as members of the cultural group to which they belong.

Smoking Chills? Tobacco Regulatory Chill, Foreign Investment, and the NCD Crisis in the Post-Soviet Space: A Case Study from Ukraine

Abstract This article engages with the ongoing debate on regulatory chill in the context of the international investment regime. By analyzing trends in tobacco legislation and delineating empirical findings on policymaking, it examines the hypothesis that international investment agreements affect tobacco control legislation and lead to regulatory chill in Ukraine. The article finds no direct evidence of a causal linkage between the State’s investment treaty commitments and the level of tobacco regulatory standards. Instead, it argues that the regulatory deterrence is likely to be attributed to other determinants, including strong tobacco lobby, the State’s dependency on foreign direct investment and related capital flight concerns. In addition, it observes similar dynamics in relation to the pharmaceutical and food industries.

THE IMPACT OF DIGITALIZATION ON THE DEVELOPMENT OF FINANCIAL INSTRUMENTS IN THE RUSSIAN STOCK MARKET: LEGAL ASPECTS

The article is devoted to the topical issue of the introduction of digital financial instruments and the use of blockchain technology in the securities market, which is supposed to make the stock market more transparent and reduce the risks of participants. The main legislative trends in the development of digitalization in the financial market are considered. Attention is drawn to the characteristics of certain relatively recently introduced new financial market instruments, the features of legal regulation of their circulation and the problems that arise when using them in practice (for example, the United States as a pioneer in these issues). In connection with a whole package of legal acts aimed at regulating relations in the financial market in the conditions of digitalization, the issue of further prospects for the development of the securities Institute is considered, and the problem of justifying the division of securities into documentary and non-documentary as financial instruments with different legal regimes is raised.

The current state of development of legislative bases mediation of land disputes

The article examines the existing drafts of the Law of Ukraine “On Mediation” and defines how to improve them according toresolution of land disputes in the order of mediation.Land disputes can be resolved through a mediation procedure. The current land legislation, in particular the Land Code ofUkraine, does not contain any prohibition on mediation of land disputes. This possibility follows from the dispositive method of legalregulation of land relations – everything is allowed that is not prohibited by law.At the same time, the issue of direct legislative settlement of land dispute mediation still remains open. There are several draftsof the Law of Ukraine «On Mediation» on the website of the Verkhovna Rada of Ukraine. One of the draft laws «On Mediation»№ 3665 of December 17, 2015 was adopted in the first reading, but in 2019 the Verkhovna Rada of Ukraine rejected it – the bill wasnot adopted. On December 28, 2019, the government bill «On Mediation» № 2706 was registered in the Parliament. However, this billwas withdrawn on March 4, 2020.There is a need to investigate the latest legislative trends in the settlement of land dispute mediation, based on the above bills. Ifthe general provisions are spelled out in more detail in the government bill, the specifics are in the 2015 bill.Based on the analysis of the two bills, we consider it appropriate to note that the measures that we believe will facilitate the introductionof mediation in resolving land disputes should include the promotion of mediation as an out-of-court settlement of land disputesand their direct resolution through mediation. So far, the resolution of land disputes through mediation remains a theoretical construction.Resolving land disputes through a mediation procedure will determine the best way to regulate these land relations. Without thepractical application of mediation in resolving land disputes, it remains only to envisage possible legal mechanisms for the legal regulationof these social relations. The latter may have significant shortcomings, which will be possible to identify only in practice.
 None of the proposed bills includes land disputes in the list of disputes that can be resolved through mediation, but according tocurrent land legislation, in particular the Land Code of Ukraine, there are cases when such a method of resolving land disputes has aright to exist, in particular in disputes land easements.The requirement to go to court in case of non-fulfillment of obligations under the agreement as a result of mediation is controversial.This is contrary to the very nature of mediation, which should be carried out on the basis of voluntary participation in the mediation procedure,and the parties themselves should decide on options for resolving the dispute. This requirement is contrary to the nature of mediation.We consider it necessary that these provisions on land mediation be taken into account in further work on possible draft laws onmediation.

Features for ensuring the rights and freedoms of the suspect (accused) in the CIS states according to the European standards

The purpose of the article is to ensure the rights and freedoms of the suspect in the field of modern transformations of the criminal procedure legislation. In this article, the authors attempted to analyze the problems arising in practice of ensuring the rights and freedoms of the suspect (accused) in the light of modern changes in the criminal procedural law in the CIS countries, comparing them with the changes that have taken place and are currently being improved in the legislation of the European Union. The methodological and empirical basis for writing this article was composed of the general scientific dialectic method of cognition and the pri-vate scientific methods, which include historical-legal, systemic-functional, formal-logical, comparative-legal, etc. The authors studied only the latest and most relevant standards that meet the latest trends in criminal procedure legislation in the field of granting and protecting the rights and freedoms of a suspect (accused).

Legislative Trends in the Personal Information Protection Act according to China's Data Element Policy

Legislative Trends in the Personal Information Protection Act according to China's Data Element Policy