Journal articles on the topic 'Adoption Law and legislation Victoria'
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1
Katusiime, Juliet, and Brigitta Schütt. "Towards Legislation Responsive to Integrated Watershed Management Approaches and Land Tenure." Sustainability 15, no. 3 (January 25, 2023): 2221. http://dx.doi.org/10.3390/su15032221.
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Land tenure affects integrated watershed management approaches in various ways, such as influencing land use and investment in sustainability practices and decisions. However, some land tenure and integrated watershed management relations need more examination, including how the prevailing relevant legislation responds and the needed course of action. In this paper, we provide relevant evidence to support a shift to responsive actions and legislation through (a) examining land tenure scenarios affecting integrated watershed management, including the public–private land tenure co-existence from a watershed perspective; (b) the responsiveness of the prevailing relevant legislation to integrated watershed management and the land tenure scenarios and (c) identifying legislative remedies recommendable for responsiveness. We use qualitative methods to review secondary data sources, including four legislations, and complement them with field survey data. Field experiences are from three sub-catchments in the Lake Victoria basin, each representing a different land tenure system, as case studies. Land tenure links with integrated watershed management in various ways, such as influencing land use decisions. However, underscoring the relationship from the private and public land tenure perspective also indicates a complex and tense spatial relationship. As such, it likely limits adopting sustainable land use and management practices in watersheds as a case. Regardless, the perceptions from the study area indicate the land tenure systems and forms enabling sustainable choices and decisions, despite limitations such as tenure insecurity. The disconnect between integrated watershed management aspirations of ensuring sustainability, the land tenure abilities and the subsequent human practices is mainly institutional, with the relevant legislation indicating a low to moderate level of responsiveness to integrated watershed management approaches and land tenure, thus, abating effectiveness. Therefore, we suggest a shift towards responsive programming and legislation and the adoption of model legislation to support responsiveness replication. We also recommend further studies to assess the legal gaps and feasibility thereof.
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Moore, Cameron Alastair, and Caroline Gross. "Great Big Hairy Bees! Regulating the European Bumblebee, Bombus Terrestris L. What does it say about the Precautionary Principle?" International Journal of Rural Law and Policy, no. 1 (June 2, 2012): 1–19. http://dx.doi.org/10.5130/ijrlp.i1.2012.2627.
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The previous Commonwealth Minister for the Environment, Mr Garrett, recently rejected a request to allow the importation of live bumblebees (Bombus terrestris L.) to mainland Australia. New South Wales and Victoria had already listed the introduction of bumblebees as, respectively, a key threatening process and a potentially threatening process. The Commonwealth, however, had previously declined an application to list the introduction of bumblebees as a key threatening process, although its Threatened Species Scientific Committee urged ‘that extreme caution be shown in considering any proposal to introduce this species to the mainland.’ The potential threat from bumblebees would appear to beg the questions posed by the precautionary principle. Would the presence of bumblebees to mainland Australia pose a threat of serious or irreversible environmental damage? Should a lack of full scientific certainty be used as a reason for postponing measures to prevent environmental degradation? This paper considers the role of the precautionary principle in regulatory approaches to the bumblebee. It seeks to establish the application of the precautionary principle to this particular potential environmental threat, including its relationship to the principle of conservation of biological diversity. It concludes that, despite widespread adoption of the precautionary principle in policy, legislation and case law in Australia, its impact on regulating bumblebees has not been consistent.
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Kull, Irene. "Dear reader,." Juridica International 31 (October 25, 2022): 1. http://dx.doi.org/10.12697/ji.2022.31.00.
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Dear reader, In 2022, we are celebrating several important anniversaries related to the adoption of laws important for the building of the Estonian legal order. Against the backdrop of a major forum for the Estonian legal profession – Estonian Lawyers’ Days 100 – this year’s edition is dedicated to another important anniversary: the 70th birthday of the University of Tartu’s Professor Emeritus Paul Varul. It is difficult to overestimate Prof. Varul’s contribution to the rebuilding of the Estonian legal system after regaining of independence. In this connection, I would like to draw special attention to his belief in young lawyers. Thanks to his support, many of the students from those days now hold positions that play an essential role in the legal profession. It is precisely this belief in young people alongside respect for more seasoned peers that Prof. Varul’s colleagues and students alike have inherited from him. In addition, there are many important qualities to be learnt from his example, such as the importance of infinite kindness and patience, the fundaments of academic ability, and the value of charm and personality. While he was the main architect of Estonia’s civil-law system in general, Prof. Varul’s favourite area of attention over the years has always been bankruptcy law, which he has been intimately involved in reforming. His willingness to speak up and actively contribute to the legislative process is testimony to the jubilarian’s thoughtfulness and continuing high level of professionalism. In this edition of the journal, readers will find an article by Chirstoph G. Paulus, a long-time colleague of Prof. Varul, which is dedicated to bankruptcy law. It provides a historical overview of the relationship between debtors and creditors and analyzes the contracting process as eternal struggle for supremacy. Silvia Kaugia and Raul Narits devote their article to finding an answer to the question of how to create a law that corresponds to the idea of law. In this issue, the reader can also find a paper written by Katre Luhamaa and Merike Ristikivi about the role of the judiciary in the transitional debates, judicial reform, and changes in the professional requirements set for judges in Estonia. Modern problems of the independence of the judiciary are reflected upon specifically in an article contributed by Jesús Manuel Villegas Fernández and Victoria Rodríguez-Blanco, and Anneli Albi’s article examines another angle of the ongoing evolution: the changing role of courts in Europe – which is shifting from protecting the fundamental rights of individuals toward protection of the neoliberal economic order. Alongside these pieces are three articles dedicated to matters of criminal law. Mari‑Liis Tohvelmann and Kristjan Kask have focused their contribution on interviews with children as evidence in criminal proceedings; Carri Ginter and Anneli Soo offer the reader a meaningful analysis of the arguments for and against the criminalisation of hate speech; and, finally, Mario Truu discusses the principle of foreseeability of liability and punishment in the practice of the ECHR. The volume meshes well with Prof. Varul’s ethos in one other respect too: doctoral students have had a say in the publication, representing younger voices. One can find a discussion centred on the need to use artificial intelligence in the context of deciding on the patentability of an invention, provided by Liva Rudzite, and the concept of the duty of diligence in procurement law from the standpoint of CJEU practice is tackled by Kadri Härginen. Finally, the fine tradition of publishing opinions by official opponents in public defence of doctoral dissertations has been maintained, with the opinion written by Marta Otto on the dissertation of Seili Suder. Congratulations to Professor Emeritus Paul Varul and to all who have had the opportunity to know him. We are all richer for your work.
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Michael, Bryane, and Abdelaziz Nouaydi. "When EU Law Meets Arabic Law: Assessment of Anti-Corruption Law in Morocco and Some Proposed Amendments." Arab Law Quarterly 23, no. 4 (2009): 353–88. http://dx.doi.org/10.1163/157302509x467362.
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AbstractThis article reviews the present state of the adoption of anti-corruption legal provisions usually adopted in EU (or candidate) countries in Morocco. Morocco lags behind many countries in its adoption of anti-corruption legislation, and the recently established Central Agency of the Prevention of Corruption is unlikely to succeed in speeding up the adoption of these measures. English language translations of a number of Moroccan anticorruption legal instruments are presented and amendments to these legal instruments are recommended (based on international best practice) in order to increase the likely effectiveness of Moroccan law enforcement institutions in fighting corruption.
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Brereton, David. "‘Real Rape’, Law Reform and The Role of Research: The Evolution of the Victorian Crimes (Rape) Act 1991." Australian & New Zealand Journal of Criminology 27, no. 1 (June 1994): 74–94. http://dx.doi.org/10.1177/000486589402700110.
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This paper provides a brief history of the Victorian Crimes (Rape) Act 1991 and examines the role which social science research played in the development of this legislation. The Crimes (Rape) Act was modelled closely on a report of the Law Reform Commission of Victoria. In preparing this report, the Commission undertook a comprehensive quantitative study of rape prosecutions in Victoria, as well as drawing on empirical studies from other jurisdictions. The paper concludes that the impact of the research on the development of the legislation was limited by a number of factors: the decision-making process was relatively unstructured, involved a large number of players, was highly politicised, and had a high symbolic content. However, the collection and dissemination of reliable data did take some of the heat and hyperbole out of the debate, and thereby facilitated a more constructive dialogue. This factor alone made the research worthwhile, given that the rape law reform had in the past been a highly divisive issue in Victoria.
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Chauhan, Devshree. "ANALYSIS OF SOCIAL WELFARE LEGISLATION ON ENVIRONMENTAL LAW." Dogo Rangsang Research Journal 12, no. 09 (2022): 106–10. http://dx.doi.org/10.36893/drsr.2022.v12i10n02.106-110.
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With a population of more than 1.3 billion, India is a lower middle-income nation. Although the country has made significant progress in improving overall economic outcomes, productivity levels are still comparatively low. India's industrial sector has a lower labour productivity than China, Russia, South Africa, Malaysia, and Brazil. India was placed 68th out of 140 nations in the 2019 World Economic Forum (WEF) Global Competitiveness Report. This is largely a result of the nation failing to keep up with other nations that are ranked similarly. In categories like ICT adoption, skill base, product market efficiency, and trade openness, India has substantial deficiencies in several of the fundamental enablers of competitiveness. Some new issues, such as uneven governance consequences, significant variations in economic growth, and social welfare inequalities, are emerging with the adoption of regulatory regulations. Theoretical justifications for the aforementioned occurrences are required in order to encourage the sustainable growth of the economy and the environment. Consequently, this Article develops a theoretical model of the impacts of social well being.
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Flower, Joanna. "Negotiating European Legislation: The Services Directive." Cambridge Yearbook of European Legal Studies 9 (2007): 217–38. http://dx.doi.org/10.1017/s1528887000002809.
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The directive on Services in the Internal Market is one of the most controversial and disputed pieces of European legislation in recent years. Known in its infancy as the ‘Bolkestein’ Directive after Frits Bolkestein, the Internal Market Commissioner who first put forward the proposal on behalf of the Commission, and later in the run up to its adoption as the ‘Frankenstein’ Directive, it sparked mass protests across Europe and was even suggested by some as being the real reason why France voted against the draft Constitutional Treaty in 2005.
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Rwezaura, Barthazar A., and Ulrike Wanitzek. "The Law and Practice Relating to the Adoption of Children in Tanzania." Journal of African Law 32, no. 2 (1988): 124–63. http://dx.doi.org/10.1017/s002185530001069x.
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The law relating to the adoption of children in Tanzania has, since its inception, remained obscure. It has neither received judicial interpretation comparable to other branches of family law nor has it been a subject of academic discourse. This is so despite the fact that the first adoption legislation was introduced in colonial Tanganyika as early as 1942, was repealed and re-enacted in 1953 and has remained in force ever since.Some statistical information regarding how this legislation has been utilised by the population would assist in further elaboration of the above contention. During the first 18 years of the operation of the Ordinance, i.e. from 1944 to the end of the British colonial era in 1961, the High Court of Tanganyika, which under the Ordinance had exclusive jurisdiction to hear adoption applications, made a total of 130 adoption orders. This works out to an average of seven adoption orders per year. With regard to the cultural background of the applicants, so far as this could be ascertained, Europeans formed the majority accounting for about two thirds while members of the Asiatic communities accounted for about one third of the total number of adoption orders granted by the High Court. The number of African applicants was comparatively insignificant.After independence, the picture changed considerably, both in terms of volume of adoption applications and the cultural background of the leading applicants.
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McDonald, Margaret. "Developments in Adoption Information Legislation in Australia." Adoption & Fostering 16, no. 3 (October 1992): 38–42. http://dx.doi.org/10.1177/030857599201600311.
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The year 1990 saw the enactment of adoption information legislation in Queensland (May 1990) and New South Wales (October 1990), the last of the Australian states to grant rights of access to information. Queensland, sometimes referred to as ‘the deep north’, is customarily seen as the most conservative of the states, so there was considerable surprise that such legislation should have passed through the Queensland Parliament unimpeded, with acclaim from all parties. Margaret McDonald reports.
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Renwick, Samantha. ""Responsibility" to Provide: Family Provision Claims in Victoria." Deakin Law Review 18, no. 1 (August 1, 2013): 159. http://dx.doi.org/10.21153/dlr2013vol18no1art61.
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Family provision legislation was introduced in Victoria in 1906 to allow the court to order provision from the estate of a deceased person whose will did not make adequate provision for the proper maintenance and support of a person for whom the deceased had a moral duty to provide. The first version of the legislation allowed only widows and children to claim; it underwent little reform until 1997 when a major amendment to the Administration and Probate Act 1958 (Vic) removed the statutory list of eligible applicants, and replaced it with the jurisdictional question, ‘Did the deceased have a responsibility to provide?’ This in theory means that ‘anyone’ can make a claim, including those without a close family relationship with the deceased. This article examines a selection of judgments handed down under the new provisions, with the aim of showing the range of applicants who are now eligible to apply and examining the particular features of their relationship with the deceased that determined the success of their claims. This is in light of the current Victorian Law Reform Commission Inquiry into Succession Law that questions whether eligibility should be limited to certain types of relationship, and whether costs should continue to be paid out of the estate.
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Mashkova, T. Y. "Modern far Eastern land policy: symbiosis of traditional and new legal instruments." E-Journal of Dubna State University. A series "Science of man and society -, no. 1 (February 2020): 78–83. http://dx.doi.org/10.37005/2687-0231-2020-0-2-78-83.
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The article is devoted to the new Russian land policy associated with the adoption of a special law On the Far Eastern hectare in 2016. The provisions of the law have changed not only the traditional provisions of the land legislation, but also certain norms of natural resources and urban planning legislation.
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Race, D., and A. Curtis. "Adoption of farm forestry in Victoria: linking policy with practice." Australasian Journal of Environmental Management 14, no. 3 (January 2007): 166–78. http://dx.doi.org/10.1080/14486563.2007.10648714.
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Oxtoby, Marie. "The New Adoption Legislation: Medico-Social-Legal Views." Adoption & Fostering 9, no. 4 (December 1985): 46–51. http://dx.doi.org/10.1177/030857598500900412.
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Parkhomenko, Natalia. "The specifics of law-making under martial law." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 2022): 28–33. http://dx.doi.org/10.33663/2524-017x-2022-13-4.
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The article describes the improvement of current legislation of Ukraine through introducing amendments and additions, along with enactment of a new law framework, regarding the need of organization of state machinery and legal order under martial law. The operation of state machinery, the interaction between the state and institutions of civil society, guaranteeing and protecting the rights, freedoms and legitimate interests of natural and legal person depend on the legislative compliance with the real social, political, economic and military challenges. In such circumstances, legal support of reform of political system of Ukraine under martial law is the primary objective for law-making actors in Ukraine. The problem mentioned didn’t receive a thorough research and monitoring. In general, law-making process under martial law has proceed in accordance with constitutionally defined organizational and legal basis, meanwhile having some specifics. Among these are: the improvement of legislation system was carried out mainly not through enactment of primary laws, but through introducing amendments and additions to the legislation in all legal fields; the legal acts of military command and military administration that received relevant authority to make laws, were disseminated; there was a revitalization of legislative development in the military sphere; certain provisions of current legislation continued to operate on the temporary occupied territories; the restrictions on certain rights and freedoms of citizens were introduced in accordance with provisions of Constitution of Ukraine etc. Due to the adoption of extraordinary legal acts, the legal arrangements for legal order and rule of law were created; public relations were stabilized. Key words: law-making, authority, emergency, directive, order, martial law, command, legislation.
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McGlynn, Clare. "EC Legislation Prohibiting Age Discrimination: “Towards a Europe for All Ages”?" Cambridge Yearbook of European Legal Studies 3 (2000): 279–99. http://dx.doi.org/10.1017/s1528887000003815.
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In 2000 the European Community adopted the General Framework Directive aimed at combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation. This important measure followed closely on the heels of the Race Discrimination Directive adopted earlier in the year. The adoption of these measures was made possible after the Treaty of Amsterdam inserted a new Article 13 into the EC Treaty which empowered the Community to adopt measures to combat discrimination on the above grounds, as well as in the fields of sex, race and ethnicity. While Article 13 was greeted with much acclaim, doubts were expressed as to whether or not binding measures would be forthcoming. As it has turned out, such pessimism was unwarranted and the Community has now adopted measures aimed at eliminating discrimination on all the grounds specified in Article 13. The adoption of these directives is, therefore, a highly significant expansion of the Community’s competence and ensures the continued development of the Community beyond its original purely economic focus.
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Ongarbayev, Ye A., and G. G. Galiakbarova. "KAZAKHSTAN LEGISLATION IN THE RELIGIOUS SPHERE: HISTORY AND PROSPECTS FOR DEVELOPMENT." REPORTS 2, no. 330 (April 15, 2020): 81–92. http://dx.doi.org/10.32014/2020.2518-1483.35.
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Objective: to study Kazakhstani legislation in the religious sphere in the historical aspect of development, as well as to identify and justify ways of further improvement, including through a comparative analysis with foreign legislation. Method or methodology of work: When writing a scientific article, general scientific (logical, structural and system analysis, synthesis, comparison, abstraction, induction and deduction, modeling), special techniques, methods of researching phenomena and processes (specifically historical, dialectical, formal logical, structural-functional, comparative law method) were used. The analysis of regulatory legal acts was done. Results of work: Analysis of previous regulatory legal acts, as well as the current Kazakhstan legislation in the religious sphere, the study of international experience, justification for the adoption of the draft Law of the Republic of Kazakhstan “On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Religious Activities and Religious Associations”. Scope of application: legislation and law enforcement. Conclusions: The result of the research work is an attempt to justify the need for adoption at this stage of development of relevant amendments aimed at improving legislation on religious activities and religious associations.
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Alhambra, Manuel Antonio García-Muñoz. "Covid-19 and labour law in Spain." European Labour Law Journal 11, no. 3 (July 6, 2020): 319–23. http://dx.doi.org/10.1177/2031952520934576.
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The Covid-19 crisis in Spain has led to the adoption of several pieces of legislation with labour law and social security content. The main priority of this fast-changing and frequently adapted legislation has been to avoid a sharp rise in unemployment. To do so, the legislator facilitated the use of the already existing procedures to temporarily suspend contracts ( Expedientes Temporales de Regulación de Empleo) and prohibited certain kinds of dismissals (those based on economic circumstances and force majeure). To further develop a social shield with the ambition to protect the most vulnerable workers and families several measures that can be classified as income support have been adopted.
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Hongyan, Liu. "SYSTEMIC REFORM OF CHINESE ANTICORRUPTION LEGISLATION AND ENFORCEMENT PRACTICE." Law Enforcement Review 1, no. 4 (January 10, 2018): 140–47. http://dx.doi.org/10.24147/2542-1514.2017.1(4).140-147.
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The subject. The article is devoted to the analysis of ongoing systematic reform of Chinese anticorruption legislation and practice of its enforcement.The purpose of the article is to formulate ways of improvement Chinese anti-corruption legislation.The methods of legislation analysis and synthesis of legislative gaps and contradictions are used.The results, scope of application. Nowadays, China is moving from the struggle against corruption by political means to the struggle by legal means. In attempt to construct a system of anti-corruption legislation, China is actively forming a dualistic normative system and a mechanism for the interaction between party norms and state legislation. A multilevel vertical-integrated system of anti-corruption legislation with "The anti-corruption law" as a core was created; the Party is stressing the priority status of preventive legislation and the auxiliary role of legislation on control over power. This system should became the basis for building Chinese anti-corruption legislation. The author formulated a system of principles of Chinese anti-corruption legislation, including the principles of efficiency, consistency, economy and gradualism. The importance of the anti-corruption legislative program, the task formulated in 2015, is underlined. The list of the main anti-corruption legislative acts has been determined, including legislation in the aspects "do not dare to take [bribes]", "cannot take [bribes]" and "do not want to take [bribes]". The problem of improving the legislation in the "do not dare to take" aspect have been specially considered, including improvement of criminal legislation, adoption of the law on accountability and responsibility of public servants, as well as the adoption of an anti-corruption law. The main alternatives and problems of improving legislation in the context of "not being able to take" are considered, such as adoption of laws on declaration of property of public servants, on pre-vention of conflict of interests, on transparency of the administration, on public hearings, and the improvement of party norms.Conclusions. China is experiencing a crucial turning point in the fight against corruption since the beginning of the modernization transformation and is in the strategic "window of opportunities". Active and systematic construction of anti-corruption legislation, the transit from formal counteraction to real counteraction is the key to overcoming the current "corruption crisis with Chinese characteristics".
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Chen, Bruce. "The Human Rights Act 2019 (Qld): Some perspectives from Victoria." Alternative Law Journal 45, no. 1 (January 14, 2020): 4–11. http://dx.doi.org/10.1177/1037969x19899661.
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The Human Rights Act 2019 (Qld) is modelled on Victoria’s dialogue model for human rights protection, the Charter of Human Rights and Responsibilities Act 2006 (Vic). This article provides a Victorian perspective on the operative provisions of Queensland’s Human Rights Act, particularly those which bind public entities, courts and tribunals when applying legislation (sections 13, 48, 58 and 59). The potential impacts of amendments by the Act to the Corrective Services Act 2006 (Qld) and Youth Justice Act 1992 (Qld) are also considered.
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Wallbank, Julie. "Clause 106 of the Adoption and Children Bill: legislation for the ‘good’ father?" Legal Studies 22, no. 2 (June 2002): 276–96. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00193.x.
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This paper critically evaluates clause 106 of the Adoption and Children Bill that permits for unmarried fathers to acquire parental responsibility on joint registration of the child's birth. I will argue that there are two factors influencing the proposed expansion of the ways in which fathers may acquire parental responsibility. First, current law recognises the automatic parental responsibility of mothers but only of married fathers, and so is said to contain an imbalance in favour of mothers. Secondly, there is a perceived need to recognise the father's commitment to the child, which is allegedly demonstrated through the act of registration. This paper examines these two themes by reviewing recent case law relating to section 4 applications. It will show that the current law does at least place an emphasis on fathers showing some merit to the court and will argue that the reform in itself will do little to enhance and promote the relationships between children and fathers. However, as a result considerable incursion will be made into the control that women, as primary carers, have in relation to their children.
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Alemanno, Alberto. "A Meeting of Minds on Impact Assessment." European Public Law 17, Issue 3 (September 1, 2011): 485–505. http://dx.doi.org/10.54648/euro2011034.
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This article aims at exploring the interactions that may arise from the European institutions' increasing reliance on ex ante evaluation mechanisms of proposed legislation, such as impact assessment (IA), and ex post judicial review of adopted legislation. IA, the privileged ex ante evaluation tool adopted by the European Union (EU) to identify the expected effects of new legislation, by offering a legality check of each Commission proposal well before its adoption, may serve - as illustrated by the recent judgments in Vodaphone and Afton Chemical - not only as an aid to the legislator but also as an aid to the parties and an aid to court within the ex post review of adopted legislation. After systematizing the different encounters that might occur between IA and judicial review, this article anticipates, by relying on a few examples, a meeting of minds between the EU legislature and the judiciary on IA.
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Bridge, Caroline. "Changing the nature of adoption: law reform in England and New Zealand." Legal Studies 13, no. 1 (March 1993): 81–102. http://dx.doi.org/10.1111/j.1748-121x.1993.tb00475.x.
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In both England and Wales and New Zealand adoption law is under review. A series of discussion papers followed by a Report to Ministers has been published in this country, while New Zealand has published an interim proposal for amendment ofexisting legislation prior to a later full review The time is right therefore, to consider and compare the basis upon which adoption law reform is proceeding. The opportunity to question the nature of adoption as a legal construct and examine the particular patterns offamily morality that it promotes is timely. Equally, it is timely to re-assess the philosophical underpinning of the Adoption Act 1976 in light of the particular ideology imported into family law in England and Wales by the Children Act 1989. The Act stresses the durability of parenthood and establishes the concept of parental responsibility which survives both divorce and a child care order. While containing points of confluence with adoption law, the new ideology nonetheless clashes with the existing concept of adoption in certain fundamental ways.
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Mann, Susan. "Adoptive Parents a Practice Perspective." Adoption & Fostering 22, no. 3 (October 1998): 42–52. http://dx.doi.org/10.1177/030857599802200307.
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The advent of changing adoption legislation, policy and practice is impacting on all people touched by the adoption experience. Open adoption is now considered to be best practice. In South Australia adoption legislation was changed in 1988. All adoption records were made available retrospectively to adopted people and birth parents unless a five-year veto was placed by either the birth parent or adopted person requesting no contact with the ‘seeker’. As a consequence to these changes, the role of adoptive parents has changed considerably. This change has not been adequately planned for and adoptive parents have few supports in redefining their role in the adoption experience. Susan Mann presents a practitioner's view of the experiences of adoptive parents with recommendations about how to create a more positive and productive dialogue among all parties affected by varying adoption practices. Confidentiality is maintained throughout the paper by the use of pseudonyms.
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DEGTYAREV, MIKHAIL. "Experimental legislation: some conceptual approaches to explanation." Public Administration 23, no. 2 (2021): 16–23. http://dx.doi.org/10.22394/2070-8378-2021-23-2-16-23.
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In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.
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Kallweit, Dominik. "Towards a European Contract Law." Victoria University of Wellington Law Review 35, no. 2 (August 1, 2004): 269. http://dx.doi.org/10.26686/vuwlr.v35i2.5643.
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This article strongly supports the drafting and adoption of a uniform European contract code. The article discusses the ways in which the current legal diversity hampers international trade. This will take many years to implement, so in the interim, the author suggests that existing European Communities (EC) legislation should be reviewed, improved and clarified to remedy inconsistencies in European contract law. The author also argues that international private law in Europe should be further harmonised and European jurisdiction expanded.
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Seehausen, Jesper. "The ‘Rebirth’ of the EU as an Audit Legislator." European Business Law Review 32, Issue 2 (April 1, 2021): 355–88. http://dx.doi.org/10.54648/eulr2021013.
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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)
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Craigie, Jillian. "Capacity, value neutrality and the ability to consider the future." International Journal of Law in Context 9, no. 1 (February 19, 2013): 4–19. http://dx.doi.org/10.1017/s1744552312000444.
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AbstractCalls for the adoption of a universal capacity approach to replace dedicated mental health law are motivated by the idea that the measures designed to protect patient autonomy in legislation such as the Mental Capacity Act 2005 should apply to everyone, including people with a psychiatric diagnosis. In this article it is argued that a diachronic perspective on questions of mental capacity is necessary if capacity law is to play this broader role, but that employing this perspective in assessments of capacity undermines central patient autonomy preserving features of the legislation, which presents a moral dilemma.
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Ivanc, Blaž. "Constitutional Review of the Slovenian Health Law." European Journal of Health Law 14, no. 4 (2007): 335–47. http://dx.doi.org/10.1163/187103107x243481.
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AbstractThe development of the modern Slovenian Health Law was first urged by the adoption of a new Constitution in the year 1991. Since then the Jurisprudence of the Constitutional Court has played a noticeable role by assuring the effective protection of Human Rights in the field of Health Law Legislation, which includes about thirty statutes. In several cases the Constitutional Court had to annul some parts of Health Legislation because they were not in accordance with the Constitution. The constitutional review of the Constitutional Court has been a very important factor in building and improving the Slovenian Health Law. Its jurisprudence can be regarded as one of the main causes for a comprehensive Health Law Reform which started in the year 2006.
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Kabanov A., A. A. "Effectiveness and timeliness of legislative measures to support workers and employers during the pandemic COVID-19 in the Socialist Republic of Viet Nam." Voprosy trudovogo prava (Labor law issues), no. 10 (October 21, 2020): 63–68. http://dx.doi.org/10.33920/pol-2-2010-09.
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The article examines the main measures that supplemented the legislation and the pandemic period, concludes that the main reason for the effectiveness of Viet Nam's labor law was the timely introduction and active use of a special portal by employees and employers and the urgent adoption of changes in the labor legislation of their country.
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Vasilios, Kanavas, Zisopoulos Athanasios, and Stamatis Papangelou. "Small Forensic “Smart-Law-Scripts” the First Step for Intelligent Justice Punishment in Law Enforcement, Economic Crime and Alternative Sentences." Business and Economic Research 8, no. 2 (April 23, 2018): 154. http://dx.doi.org/10.5296/ber.v8i2.13045.
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In our research we introduce “the forensic smart contract” as a punishment alternative for tiny law violations. After studied the legislation boundaries and legal power transfer example for out of court applications, we evaluated three Blockchain applications covering three various cases in smart contracting. A smart-Law-script to eliminate illegal cellphone car use, with best punishment an Irrevocable prepayment in digi-money for a car phone kit. Then a “Lawscript” resolving the double taxation problem in international tax conventions. Finally a Court launches a community sentence through a “Rehabilitation Law sentence script”. After mass adoption of our methodologies we faced an unexpected globalization peace factor in Blockchain and much wide adoption of CBDC (Central Bank Digital Currency).
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Truba, Vyacheslav I., Lyudmila M. Tokarchuk, and Stella Ye Morozova. "Family Law Trends in Ukraine." Global Journal of Comparative Law 10, no. 1-2 (June 25, 2021): 170–87. http://dx.doi.org/10.1163/2211906x-10010013.
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Abstract The paper provides the results of the analysis of the current state of legal regulation of family relations in Ukraine, and summarises the main problems of the legislation that establishes general principles of regulation of family relations. Particular attention is devoted to the research into the basic principles of family law, and how they are reflected in the Constitution of Ukraine and the Family Code of Ukraine. To assess the compliance of the Family Code of Ukraine with current societal developments, a careful comparison of its provisions with the principles developed by the Commission on European Family Law (cefl) is needed. The family legislation of Ukraine requires detailed monitoring, factoring in the provisions of a questionnaire developed by the Commission. There is a need to introduce a system of national planning, development and adoption by the Verkhovna Rada of Ukraine of the concept of national legal policy.
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Chuchaev, Alexander I. "The first Soviet Criminal Code: conceptual framework and general characteristics (To the 100th anniversary of the adoption)." Gosudarstvo i pravo, no. 6 (2022): 152. http://dx.doi.org/10.31857/s102694520020481-0.
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The article reveals the background of the preparation of the Criminal Code of the RSFSR of 1922, the reasons for the codification, the characteristics of the criminal legislation in force in 1917 - 1922 are given, its classification is carried out (three groups of norms are identified, firstly, defining the essence of the new Criminal Law; secondly, brought to life by the current mo-ment and, in the third, transient), the drafts of the Criminal Code of the General Advisory De-partment of the People’s Commissariat of the RSFSR and the section of Judicial Law and Criminology of the Institute of Soviet Law are analyzed, the conceptual foundations of the first Criminal Code of the RSFSR and the characteristics of its General and Special parts are presented, the significance of the Code for further the development of legislation and the science of Criminal Law.
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Занковский, Сергей, and Sergey Zankovskiy. "Energy Legislation in the General System of Business Law." Journal of Russian Law 4, no. 8 (August 8, 2016): 0. http://dx.doi.org/10.12737/20910.
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The article considers the problems of energy legislation in the context of improving the legislation on entrepreneurship. In the judgment of the author the construction of the energy legislation is a possibility provided it is of a centrifugal nature with the general principles making the basis for such acts attempted to solve the outstanding problems. One of such principles which is to be legislatively enacted could be the principle of import substitution adopted to do away with dependence on foreign-made goods. The role of energy law can only be understood provided we have the relevant contemporary system of laws. This can be possibly achieved from the doctrinal point of view. The author analyses legal business regulation existing in the pre revolutionary and soviet period. It helps to understand better what is to borrowed from the experience of the past to be used to regulate said relationships. The author calls for necessity to issue the Code of Laws of the Russian Federation as the first step to make legislation systematized. The next step to be taken could be the adoption of comprehensive legal acts, say, Energy Code which could eventually make so-called legislation blocks. The latter could , in turn, serve the basis for so-called central legislative act to regulate business law.
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Pickett, Eric, Alexander Retemeyer, and Thomas Möller. "Customs Penalties in Germany." Global Trade and Customs Journal 13, Issue 7/8 (July 1, 2018): 310–28. http://dx.doi.org/10.54648/gtcj2018037.
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Penalties for infringements of customs law in Germany are deeply embedded in national fiscal, criminal and administrative sanctions legislation. The adoption of Directive (EU) 2017/1371 on the fight against fraud to the Union’s financial interests by means of criminal law has so far had no impact on this legislation. This article describes the current rules and practices with regard to customs penalties in Germany and looks at the implications of the proposed Directive on customs infringements and sanctions.
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Hartlev, Mette. "Forwards or Backwards? New Directions in Danish Patients’ Rights Legislation." European Journal of Health Law 18, no. 4 (2011): 365–74. http://dx.doi.org/10.1163/157180911x575758.
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AbstractThe Danish Patients’ Rights Act from 1998 was the first comprehensive piece of legislation addressing the basic legal values and principles governing the relation between patient and the health care services. Since the adoption of the Act there has been continuous legislative activity in the field, and the objective of the article is to discuss how recent developments in Danish patients’ rights legislation shall be interpreted in terms of balancing interests of patients towards interests of society and the health care professions.
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Solovey, Yuriy P. "On the Contribution of Professor V.V. Chernikov to the Development of Scientific Grounds and the Establishment of the Police Law Branch in the Russian Federation." Administrative law and procedure 7 (July 22, 2021): 50–58. http://dx.doi.org/10.18572/2071-1166-2021-7-50-58.
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This article, dedicated to the 70th anniversary of the famous Russian administrative law scholar — Doctor of Law, Professor, Honored Lawyer of the Russian Federation Valery V. Chernikov, examines his contribution to the development of scientific foundations and the formation of police legislation as one of the branches of the current legislation of the Russian Federation. The Author shows the role of Valery V. Chernikov in the preparation of official drafts of the Russian Soviet Federative Socialist Republic Law of April 18, 1991 “Militia” and the Federal Law of February 7, 2011 № 3-FZ “Police”, reveals his interpretation of the definitions of “police legislation”, “police activity”, “the police system of Russia”. Particular attention is paid to vital faults, which, according to Valery V. Chernikov, are inherent in police legislation, and the main directions for the further development of this branch of modern domestic legislation, including, among other things, the development and adoption of the Police Code of the Russian Federation.
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Radchenko, L. "LLEGAL GROUNDS FOR REGULATION FOR CERTAIN FORMS OF ARRANGEMENT FOR CHILDREN IN INTERNATIONAL FAMILY LAW." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 115 (2020): 45–50. http://dx.doi.org/10.17721/1728-2195/2020/5.115-10.
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The article considers legal principles of regulation for relations of guardianship, care and adoption in international family law, the regulation of these forms of arranging children in law and their interpretation in the legal doctrine of certain foreign states, the definition of features and peculiarities of these concepts, the definition of relations in this field, as well as formulation of conclusions and proposals aimed at harmonization of national legislation with the law of leading foreign states. Legal grounds for the regulation of the relations of guardianship, care and adoption in the legislation of some foreign countries shows that there are different legislative approaches to the regulation of such forms of placement of children. Historical, religious, national factors, elements of tradition and culture – all these factors significantly affect the substantive content of the essential traits of care, and adoption in different countries. At the same time, the basic provisions of such institutions are unchanged – both guardianship and adoption are intended to promote the upbringing and development of the child, to guarantee the exercise of their rights and legitimate interests, to ensure their care and custody. Custody relations are regulated both on the basis of conflict law rules and in accordance with substantive rules of private international law. For example, in Ukraine the establishment and cancellation of custody of minors, disable persons are regulated by the personal law of the ward. The obligation of the guardian to accept guardianship is determined by the personal law of the person appointed by the guardian. The relationship between the guardian and the person under guardianship is determined by the law of the state the body of which appointed the guardian. The regulation of relations for international adoption is subject to conflict of law rules. In Ukraine, adoption and its abolition are governed by the child's personal law and by the adopter's personal law. A person's ability to be an adopter is determined in accordance with his or her personal law. The legal consequences of adoption or termination are determined by the personal law of the adopter. One of the areas of state activity regarding adoption should be effective monitoring and control over the processes of adoption including the participation of foreign entities as well as the further upbringing, care and observance of the rights and interests of children who have been adopted by foreigners.
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Sánchez Cano, María Jesús. "Cuestiones vinculadas a la constitución de la adopción de mayores de edad: análisis desde el Derecho internacional privado español = Issues connected with the constitution of the adoption of adults: analysis from Spanish Private International Law." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (March 11, 2019): 904. http://dx.doi.org/10.20318/cdt.2019.4665.
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Resumen: Partiendo del estudio de la Ley 54/2007, de adopción internacional y después de examinar la normativa sustantiva sobre la adopción en España, el presente trabajo aborda el análisis de algunas de las cuestiones controvertidas que se suscitan respecto de las adopciones de personas mayores de edad y menores emancipados, desde la perspectiva del Derecho Internacional Privado y específicamente, en lo referente a la constitución de la adopción por las autoridades españolas.Palabras clave: Ley de adopción internacional, adopción internacional de personas mayores de edad, Derecho Internacional Privado, ley aplicable, validez de adopciones constituidas por autoridades extranjeras.Abstract: Based on the study of Law 54/2007, on international adoption and after having examined the substantive legislation on adoption in Spain, this paper deals with the analysis of some of the controversial issues that arise regarding adoptions of adults and emancipated minors, from the Private International Law perspective and specifically with regard to the constitution of adoption by the Spanish authorities.Keywords: International adoption law, international adoption of adults, International Private Law, applicable law, constitution of adoption by Spanish authorities.
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Glos, George E. "The Belgian Law of Affiliation." International Journal of Legal Information 16, no. 1 (1988): 1–15. http://dx.doi.org/10.1017/s0731126500021508.
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Belgium has a new law on affiliation. It was enacted on March 31, 1987, and replaced the existing provisions in Book I, Title VII, of the Civil Code. The new provisions are contained in articles 312 including 341 of the Civil Code. The parent-child relationship has, however, further ramifications in other parts of the Civil Code dealing with certificates of the civil status, missing persons, marriage, divorce, parental authority, minority, guardianship and emancipation, successions, and gifts inter vivos and wills, which were also amended to reflect the new concepts. Further necessary modifications were made in the Judiciary Code, the Criminal Code, and in some other existing legislative texts. The new legislation also has extensive transitory provisions. In addition, the pertinent modifications affecting adoption were made in the Law of April 27, 1987, Modifying Several Legal Provisions Concerning Adoption, and a new law, the Law of May 20, 1987, Concerning the Abandonment of Minor Children, further improved the standing of children.
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Yakusheva, N. G. "THE LAW AS A SOURCE OF LAW OF MODERN LEGAL RUSSIAN STATE." Bulletin of Udmurt University. Series Economics and Law 29, no. 6 (November 25, 2019): 911–16. http://dx.doi.org/10.35634/2412-9593-2019-29-6-911-916.
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Among the many sources of modern law, the author considers the law as the main source of law for most modern states. The nature of this source of law in modern Russia is investigated, its main features are highlighted. A specific feature of the modern development of Russian legislation is noted - the adoption of laws is aimed at transformations, reforms, and the introduction of new legal decisions. A comparative description of legislation and law is presented. It is concluded that the legislation is characterized by systemic properties derived from the quality and dynamics of social relations, their values and priorities. An assessment of different views of scientists on the problem under study is given from the point of view of the historical stages of society development. The necessity of observing the principle of the hierarchy of sources of law (the Constitution - the Federal Constitutional Law - the law - the decree, etc.) in the framework of a legal democratic state is emphasized. Priorities are identified in relation to the direction and purpose of legal reform in modern Russia, ensuring the supremacy of citizens' interests over the interests of the power system. Due to the low quality of laws adopted in the Russian Federation, it is concluded that it is necessary to provide scientific and methodological assistance to legislative bodies to improve the quality of laws. Measures to improve existing legislation are proposed. Conclusions are drawn about the need to develop a unified theory of law-making and law-enforcement mistakes and to take into account the objective needs of public life in the subjective law-making activity of the legislator.
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Cournil, Christel. "Adoption of Legislation on Shale Gas in France: Hesitation and/or Progress?" European Energy and Environmental Law Review 22, Issue 4 (August 1, 2013): 141–51. http://dx.doi.org/10.54648/eelr2013011.
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This paper provides a chronological account of the eventful adoption of France's first law on shale gas. This governance issue calls into question the implementation of environmental principles, such as the principles of prevention, public information and participation, which were constitutionalized in the 2005 Environmental Charter. The hesitations of the French government illustrate the management difficulties at the state level with regards to new unconventional hydrocarbons that have a particular impact on the environment. On 13th July 2011, the legislator adopted a law that prohibited the use of hydraulic fracturing for the prospection of shale gas and oil. Although this represents a world first, it was designed hastily and has failed to satisfy any of the stakeholders involved. We examine the chronology of events, with particular focus on the chaotic governmental and legislative responses to public pressure on an unprecedented scale.
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Vegter, J. B., and J. F. Dolan. "A Voluntary Filing System for Secured Financing Transactions in the European Union." European Review of Private Law 6, Issue 2 (June 1, 1998): 195–224. http://dx.doi.org/10.54648/202943.
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In this article the authors urge the adoption of a personal property security regime that rests on a system of voluntary submission by debtors to a filing system. Under the system, debtors seeking to secure borrowing with their personal property announce their election of the harmonized system in order to facilitate cross border asset based financing. The authors argue that the diverse nature of property law in Europe makes it impossible to adopt a required regime of a personal property law fully integrated into the property regimes of Member States. They propose as an alternative, the voluntary system, which would be supported by European Union legislation, but that legislation would not supersede municipal law and would apply only if borrowers elect to make themselves subject to it.
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Burda, Mikhail A., and Ekaterina S. Shevchenko. "POLITICAL ASPECTS OF IMPLEMENTATION OF INTERNATIONAL LAW IN NATIONAL LEGISLATION OF THE UNITED STATES: FROM THEORY TO PRACTICE." RUDN Journal of Political Science 21, no. 2 (December 15, 2019): 254–67. http://dx.doi.org/10.22363/2313-1438-2019-21-2-254-267.
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One of the big-league participants in major international processes, the US government defines the current agenda of the modern world order, steers the vector of international relations development and affects the distribution of power on the global political arena. A supporter of the Non-Institutionalized Global Governance concept and the idea of Rule of Law, American administration demonstrates its own, specific understanding of the goals and course of action of modern international legislation. It seems to have its own insight on the nature and order of international organizations in regards to formulation and adoption of international law, the US role in determining the key features of global law enforcement, as well as the standards and principles of implementation of international law in the US federal legislation. Despite the recent tendency of the US government to roll back from participation in IO projects and revision of a number of agreements within the framework of interstate cooperation, the United States not only succeeds, one way or another, in guiding the trends of global political development, but also continues to have an impact on the interpretation and application of international law. The given article looks at the status of international law in the American legal system, focuses on the participation of the United States in proposition, discussion and adoption of conventions, declarations, agreements and other documents within the framework of the UN, and determines the main directions, according to which American jurisdiction implements international legal doctrines. The current research also brings a focus on specific issues, problems, relations, and contacts regulated at the international level but not implemented by the US federal legislation. The article analyzes political aspects of formulation and adoption of legal rules by American public administration, which are meant to supplement and specify the dominant principles of international sources of law.
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Blažo, Ondrej. "Directive on Antitrust Damages Actions and Current Changes of Slovak Competition and Civil Law." Yearbook of Antitrust and Regulatory Studies 8, no. 12 (2015): 259–72. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.12.
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Slovak competition law enforcement can be characterized by infrequency of leniency applications and near absence of private enforcement. As a result, the adoption of the Damages D irective is not likely to cause substantial breakthrough in Slovakia, be it with respect to the rate of leniency applications or in private enforcement. A comprehensive amendment of Slovak competition law took place in 2014. Changes introduced therein reflected, among other things, the practice of the European Commission regarding access to its file. A new approach was also introduced towards damages claims submitted against leniency applicants. The paper will first consider the question whether it is necessary to further redesign these new Slovak rules because of the adoption of the Damages Directive, or if they have been successfully pre-harmonized. Along with changes to Slovak competition law, procedural rules for civil courts were also re-codified. Hence the second part of this analysis will focus on the question if a new civil procedure framework, including obligatory harmonization, could foster private enforcement of competition law. Summarizing the resulting answers, the third question focuses on who could benefit from further changes to Slovak legislation – final consumers or enterprises that are involved in the production chain. Finally, will changes in Slovak legislation driven by the Directive be coherent with its overall legal system, or will they appear to be an odd and peculiar piece of legislation?
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LETOVA, NATALIA. "ADOPTION AS A PRIORITY FORM OF PLACEMENT OF CHILDREN LEFT WITHOUT PARENTAL CARE: NEW IN LEGAL REGULATION AND DEVELOPMENT PROSPECTS." Economic Problems and Legal Practice 18, no. 3 (June 28, 2022): 217–23. http://dx.doi.org/10.33693/2541-8025-2022-18-3-217-223.
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Purpose of the study. In the article, the author examines the trends in the development of legislation on adoption as a priority form of placement of children left without parental care, identifies the advantages of this form and the prospects for its development. The author comes to the conclusion that there is no unified definition of the concept of adoption in the law at the present stage of development of family legislation, the criteria for distinguishing between the «form of arrangement» and the «form of education» of a child are proposed, the essence and social purpose of the institution of adoption are systematized, the advantages of the judicial order are systematized and the requirements for to prospective adoptive parents. The article proves the practical need in some cases to apply a situational method of regulating relations for the adoption of a child, which will allow deviating from the formal requirements of the legislator in relation to candidates for adoptive parents, provided that the adoption is in the interests of the child.
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Bender, Jodi L. "Snowflakes in Texas? Enacting Legislation to Allow For Embryo Adoption." Texas Wesleyan Law Review 16, no. 3 (March 2010): 413–36. http://dx.doi.org/10.37419/twlr.v16.i3.3.
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This Comment analyzes the legal status of an embryo in Texas and suggests that Texas should enact laws that will place a frozen embryo in a unique category not as a person, but as a special kind of property deserving of extraordinary respect. Additionally, Texas should develop and enact legislation addressing the issues uniquely related to the disposition of an embryo rather than trying to fit a square peg in a round hole. Part II of this paper looks at a real-life couple facing a difficult decision- choosing the disposition of their frozen embryos. Part III discusses the background and history of embryo adoption. Part IV compares the legal status of embryos in various jurisdictions and the implications upon disposition of frozen embryos. Part V discusses the treatment of embryos by Texas courts and the Texas legislature and the latest attempts to regulate embryo adoption. Part VI suggests that, legally, Texas should continue to treat embryos as a special area of law by enacting legislation to deal with emerging issues such as embryo adoption without trying to use existing laws that apply to the rights of "persons."
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Kornakova, Svetlana, and Elena Chigrina. "Violating the Confidentiality of Adoption: Problems of Implementing a Complex Law Mechanism in the Russian Federation." Всероссийский криминологический журнал 12, no. 6 (December 24, 2018): 817–25. http://dx.doi.org/10.17150/2500-4255.2018.12(6).817-825.
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The priority task of any democratic state is safeguarding the interests of children, including the right of every child to live in a family. Adoption of orphans or children deprived of parental care is becoming more and more common in present-day Russia, which makes the issue of legal regulation highly relevant. The article examines the problems of implementing a complex legal mechanism that regulates the protection of the confidentiality of adoption and imposes criminal liability for violating it. It should be acknowledged that there are diverse approaches to the problem of criminal law protection of the confidentiality of adoption. The authors analyze the views of different scholars on this problem. They present a critical analysis of the viewpoint that the norm imposing liability for such a violation should be abolished and prove the social importance of preserving the confidentiality. The authors also discuss the problem areas of criminal law characteristics of crimes connected with violating the confidentiality of adoption and conduct a comprehensive research of this issue. The analysis of current legislation shows that it includes a sufficient number of norms safeguarding the confidentiality of adoption. At the same time, this legal institute includes some specific norms that need improvement, require editing or amending, which, according to the authors, stops them from performing their preventive functions. The article contains concrete recommendations on improving current Russian legislation in this sphere, in particular, on improving the clauses of Art. 155 of the Criminal Code of the Russian Federation, which establishes criminal liability in those cases where the confidentiality of adoption is violated. Besides, the authors examine the controversial issue of limiting the confidentiality of adoption because they believe that it is not lawful to deny a person who has reached majority the right guaranteed by the Constitution of the RF to learn information concerning him/herself, in this case, the right to know who their parents are. They suggest amending Art. 139 of the Family Code of the Russian Federation, which will make it possible to fully guarantee the constitutional rights of citizens.
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Lefeber, René. "Frontiers of International Law: Counteracting the Exercise of Extraterritorial Jurisdiction." Leiden Journal of International Law 10, no. 1 (March 1997): 1–7. http://dx.doi.org/10.1017/s0922156597000010.
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On 22 November 1996, the Council of the European Union adopted a framework regulation and agreed to joint action to ‘protect’ the interests of the European Union and its citizens against the extraterritorial application of legislation by non-member states. These measures were adopted in response to the extraterritorial application of certain measures by the United States, concerning trade with and investment in Cuba, as well as investment in Iran and Libya. These United States measures apply to all natural and legal persons irrespective of their nationality, residency, or place of activity. Thus, even nationals of a member state of the European Union residing and active in the European Union must comply with the United States measures. The enactment of this legislation marks a new episode in the on-going battle between the United States and the European Union over the frontiers of a state's (or an international organization's) jurisdiction to prescribe. This time, however, the European Union counteracted by the adoption of measures which can partly be characterized as retorsion measures and partly as countermeasures. The adoption of these measures by the European Union raises questions with respect to the legitimacy of the retorsion measures and the legality of the countermeasures.
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Hlukhoveria, K. M. "Administrative law-making in public administration activities: essential characteristics." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 191–94. http://dx.doi.org/10.24144/2788-6018.2022.04.34.
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The article is devoted to highlighting the essence of law-making activity of public administration. The article draws attention to the fact that the law-making and law-enforcing activity of public administration is expressed in the adoption and implementation of legal acts, which are the main means of regulating relations in the field of public administration, this is one of the main forms of implementation of the tasks and functions of state authorities and local self-government. It is found that legal acts in the activity of public administration, on the one hand, serve the orderliness and stability of administrative-legal relations, on the other hand, they are the basis for changing the rights, freedoms and interests of individuals in the public sphere. The article states that the law-making activity of the public administration needs constant study and research in the aspect of modern processes of state-building and law-making that take place in the state, to meet the standards of law-making activity of the EU, to take into account the best domestic and European practices. It is emphasized that the administrative law-making of the public administration is embodied in the form of adoption of normative and individual acts. The purpose of such law-making is the creation of acts by means of which the rights, freedoms and interests of persons in the field of public-legal relations are implemented and ensured. Thanks to law-making, the state implements its functions of managing various spheres of public life. The author's definition is formulated that administrative law-making of public administration is a legal form (instrument) of the activity of authorized law-making subjects, which is implemented according to the established administrative procedure and is aimed at establishing, changing or terminating administrative-legal relations. It is proven that regardless of which act is adopted, the procedure for its adoption must be clearly regulated in the legislation, which will ensure the regime of legality in the state and make it impossible to adopt legal acts that contradict the Basic Law and legislation. It is noted that an important feature of administrative law-making is that it is carried out according to the procedure established in the legislation and which is a system of means, methods, logical and linguistic techniques, methods of law-making activity that determine and regulate the activities of authorized subjects in this area and which aimed at the development and adoption of legal norms.
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Madaus, Stephan, and F. Javier Arias. "Emergency COVID-19 Legislation in the Area of Insolvency and Restructuring Law." European Company and Financial Law Review 17, no. 3-4 (September 14, 2020): 318–52. http://dx.doi.org/10.1515/ecfr-2020-0018.
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The appearance of the COVID-19 in Europe has prompted lawmakers to introduce public health measures that inevitably hurt the economy by reducing economic activity and business revenues. The foreseeable risk that the pandemic could be followed immediately by a bankruptcy epidemic led to the adoption of rules related to insolvency and restructuring laws in emergency legislation in most European countries. These rules aim at avoiding businesses to become insolvent either by suspending insolvency tests (see II.) or by providing cash support and debt moratoria (see III.). They may also contain measures that indirectly affect insolvency and restructuring proceedings (see IV.). This paper explains the logic behind emergency legislation and the specific rules adopted in European countries.