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Journal articles on the topic 'Medical innovations – Law and legislation'
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1
Fedik, Elena N., and Alexey D. Shcherbakov. "Issues of Legislation and Practice of Criminal Liability for Hooliganism." Rossijskoe pravosudie, no. 3 (February 24, 2022): 82–88. http://dx.doi.org/10.37399/issn2072-909x.2022.3.82-88.
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The legislator has repeatedly changed his attitude to the content of the composition, provided for by Article 213 of the Criminal Code of the Russian Federation, hooliganism. The authors examines how the characteristics of hooliganism have changed in comparison with the Criminal Code of the RSFSR, what innovations the legislator introduced into the main corpus delicti in terms of the use of violence, and how this affected law enforcement practice. Also touched upon certain aspects of limiting hooliganism from related offenses.
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Pisarev, Alexander N. "The Right of Local Self-Government to Judicial Protection in the Light of Amendments to the Constitution of 2020 About the Unified System and Functions Public Authorities." Rossijskoe pravosudie, no. 8 (July 25, 2022): 50–60. http://dx.doi.org/10.37399/issn2072-909x.2022.8.50-60.
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Problem statement. In connection with the consolidation in Articles 132 and 133 of the Constitution of such new legal definitions for domestic legislation as “unified system of public power” and “public functions”, The problem of bringing the right of local self-government to judicial protection regulated in the current legislation in accordance with the specified amendments to the Constitution of 2020 seems urgent. In addition, taking into account these constitutional innovations, the problem of providing local self-government bodies with the opp ortunity to use the tools of constitutional justice to protect their rights is of undoubted interest. The goals and objectives of the study are related to the systematic legal analysis of various points of view of researchers, the legal positions of the Constitutional Court of the Russian Federation, relevant regulatory legal acts to formulate a set of scientifically sound conclusions and practical recommendations for bringing legislation regulating the right of local self-government to judicial protection in accordance with constitutional innovations on the unity of public authority and public functions state authorities and local self-government bodies.. Methods. The work uses general scientific methods (system analysis, dialectical, formal-logical) and special research methods (system-legal, comparative-legal, historical-legal, formal-legal). The application of these methods of scientific research makes it possible to identify the constitutional principles and foundations of the organization and activities of public authorities, intra-system connections and legal mechanisms of their interaction, public functions that determine the patterns and trends in the development of individual legal institutions of municipal law, including the right of local self-government to judicial protection. Brief Conclusions. The work uses general scientific methods (system analysis, dialectical, formal-logical) and special research methods (system-legal, comparative-legal, historical-legal, formal-legal). The application of these methods of scientific research makes it possible to identify the constitutional principles and foundations of the organization and activities of public authorities, intra-system connections and legal mechanisms of their interaction, public functions that determine the patterns and trends in the development of legislation regulating the right of local self-government to judicial protection. The theoretical and methodological and scientific and practical issues of the formation and development of the methodology of the formation of the right of local self-government to judicial protection are disclosed. The assessment and forecasts of the evolution and systematization of this right in the constitutional legislation in accordance with the constitutional innovations of 2020 are given. In the constitutional and legal aspect, the proposals on the protection of local self-government bodies of their rights in the Constitutional Court are analyzed.
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Crampton, Suzanne M., and Jitendra M. Mishra. "Family and Medical Leave Legislation: Organizational Policies & Strategies." Public Personnel Management 24, no. 3 (September 1995): 271–89. http://dx.doi.org/10.1177/009102609502400302.
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Problems have resulted from the novel situation in the U.S. society where more and more parents are working, leaving them with less time and energy during the period surrounding the birth and early growth of a new infant. This issue has received considerable attention from both the private and public sectors. An increasing number of progressive companies have been proactive in offering paid and unpaid family leaves as part of their employees’ benefit package. On February 5, 1993, President Clinton signed a bill into law granting up to a total of 12 weeks of unpaid leave during any 12 month period to cope with a family sickness, childbirth or adoption. This paper discusses the history of family leaves and the passage of the Family and Medical Leave Act (FMLA) along with its provisions and implications. The FMLA is just a first step for the U.S. as other countries provide paid family leave with varying percentages of pay compared to the U.S. Examples of leave policies around the world are examined.
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Kovtun, Nikolay. "Collisions of Psychiatric Emergency Care to Indictees as a Subject of the Lawyer’s Active Position in Criminal Proceedings in Russia." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2022, no. 3 (October 7, 2022): 96–102. http://dx.doi.org/10.36511/2078-5356-2022-3-96-102.
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The subject of analysis in this work is legislative innovations governing the procedure for the temporary placement of an accused and suspect in a medical organization providing psychiatric care in inpatient conditions (federal law 491-FZ and federal law 500-FZ). The author analyzes the grounds and persons initiating the application of the said measure; goals and procedural form of its application; a set of guarantees for persons in respect of whom this measure is applied. As a result, the work reveals the main collisions of the introduced normative innovations; the gaps in the regulation of the fundamental aspects of the provision of emergency psychiatric care was noted; actual suggestions and recommendations were made in these matters.
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Pavlou, Anna, and Emmanuel Saurat. "Clinical Trials Regulation: A Further Step towards Increased Medical Innovation in the EU." European Journal of Risk Regulation 6, no. 4 (December 2015): 646–48. http://dx.doi.org/10.1017/s1867299x00005201.
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On 27 May 2014, after two years of debates and extensive amendments by the EU’s law-making institutions, the EU Clinical Trial Regulation1 was published. The Regulation repeals and replaces the Clinical Trials Directive, an instrument described by the European Commission as “arguably the most heavily criticised piece of EU-legislation in the area of pharmaceuticals”. The Clinical Trials Regulation is intended to improve the existing framework, and will become applicable at the earliest on 28 May 2016. This report reviews the most significant changes to the existing system brought about by the Clinical Trials Regulation, and how this Regulation purports to strike a balance between its objective of increasing clinical trial activity in the EU and the need to protect clinical trial subjects’ rights, safety and well-being.
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Ivanenko, Dmytro, and Nataliia Hlushchenko. "LEGAL ASPECTS OF INTELLECTUAL PROPERTY IMPACT ON AVAILABILITY OF MEDICINES IN UKRAINE." Law Journal of Donbass 76, no. 3 (2021): 39–44. http://dx.doi.org/10.32366/2523-4269-2021-76-3-39-44.
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The right of a person to access medicines is derived from the right to health. At the time of the establishment of fundamental human rights, the issue of lack of access to medical supplies was not considered a violation of human rights. The spread of pandemics has led to the gradual recognition of the right of access to medicines. The TRIPS agreement fundamentally reformatted the discussion on access to medicines. Prior to the TRIPS Agreement, states had considerable independence in the formation and implementation of state policy in the field of intellectual property. TRIPS obliges countries to provide pharmaceutical patents. The growing influence of the international patent system has aroused widespread interest and concern about the impact on access to medicines. The Doha Declaration on the TRIPS Agreement defines the importance of the implementation and interpretation of the Agreement in the most favorable way for the protection of public health by making available to the public existing medicines and creating conditions for the production of new ones. Ukraine is on the way to creating its own legislation in the field of intellectual property. Art. 219 of the Association Agreement between Ukraine and the European Union contains provisions according to which the parties recognize the importance of the Declaration on the TRIPS Agreement in the field of health care. Positive changes in the field of intellectual property include the provisions of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Reform of Patent Legislation» № 816-IX as of 21.07.2020. This law limited the range of objects to be patented. The implementation of these legislative changes is impossible without a proper methodology for the examination of novelty. Reforming the national system of intellectual property protection has created good preconditions for the formation of a civilized pharmaceutical market in Ukraine. Among the areas of legislation in Ukraine, there is an urgent need to form an institution of compulsory licensing. A separate area is the introduction of the pre-grant and post-grant procedures of the opposition. An important area of legislative work is the formation of a favorable domestic policy for innovation and invention in the field of medicine and biotechnology.
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Maleva, E. M. "Creating a forensic examination in Russia: military regulations (1716)." Siberian Law Herald 2022.2 (2022): 3–8. http://dx.doi.org/10.26516/2071-8136.2022.2.3.
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One of the legal innovations of the reign of Peter the Great is the creation of forensic medicine in the form of legislative regulation of the anatomy of a dead body before burial to establish the cause of death. The final conclusion is made that this document is a monument of law. The task of a retrospective review of the complex of causes and conditions that led to the establishment of the Institute of Forensic Medicine at the beginning of the XVIII century in Russia has been solved. The method of formal legal analysis of the first Russian legislative act on forensic medical examination was used. It is concluded that this monument of law has a general cultural significance, as a result of a long tradition of the development of medicine and law in Russia. The legal norms related to the establishment of the institute of forensic medical examination in the Russian state, contained in the texts of the monuments of the law of the feudal period: The Contract (“Pravda”), were used as research materials Smolensk with Riga and the Gothic coast, the Charter of Tsar Boris Fedorovich to the Patriarchal Throne, a hundred and a number of normative legal acts of the era of Peter I, including the Military Charter. It is established that the Russian society of the beginning of the XVIII century was objectively ready to create a forensic medical examination in the form of an institute of examination and autopsy of a dead body to find out the causes of death. The conditions in which the monument of law was created were revealed. It is concluded that Peter’s reforms were in many ways ahead of their time, as a result of which a legislative act was created that reflected the advanced trends in the development of law.
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Lebedev, V. A., and E. I. Lebedeva. "The contract will protect the rights of the consumer: a note to the accountant of the medical institution." Buhuchet v sel'skom hozjajstve (Accounting in Agriculture), no. 10 (October 22, 2022): 50–60. http://dx.doi.org/10.33920/med-17-2210-06.
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Amendments to the Law of the Russian Federation “On Consumer Rights Protection”, which entered into force on September 1, 2022, are considered. The changes and significant clarifications concerned the content of the contract for the provision of paid services, namely those of its terms that violate the rights of the consumer and are unacceptable, do not generate legal consequences for the parties to the contract. These legislative innovations should be taken into account when concluding contracts for the provision of paid medical services, but they also apply to relations arising from previously concluded contracts, that is, they are retroactive. A comparative analysis of the draft decree of the Government of the Russian Federation “On approval of the Rules for the provision of paid medical services by medical organizations” in a new edition, including the terms of the contract, infringing on the rights of the patient as a consumer of medical services.
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Schlesinger, Erica, Wesley Geminn, Kenneth C. Hohmeier, and Howard L. Burley Jr. "Development and Implementation of Tennessee Nonresidential Buprenorphine Treatment Guidelines." INNOVATIONS in pharmacy 9, no. 3 (October 19, 2018): 6. http://dx.doi.org/10.24926/iip.v9i3.1317.
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Objective: To describe the recent legislation in Tennessee and subsequent development and implementation of state-wide buprenorphine treatment guidelines.
Practice Innovation: In 2016, Tennessee began licensing office-based opioid treatment (OBOT) clinics. Due to initial licensing criteria, not all providers were required to be licensed with the Department of Mental Health and Substance Abuse Services (TDMHSAS). The gap in licensing made it difficult to ensure an appropriate standard of care was being met by all addiction treatment providers. Therefore, the state developed legislation that allowed for the creation of best practice guidelines to encompass all providers of buprenorphine in the state of Tennessee, not just the licensed OBOT clinics. The guidelines define what the standard of care should entail while treating this vulnerable addiction population.
Results: Tennessee legislation granted the formation of a committee to create the Tennessee Nonresidential Buprenorphine Treatment Guidelines. The committee was comprised of physicians, pharmacists, lawyers, law enforcement, and state officials. The finalized guidelines were published and effective January 1, 2018, and adopted as policy by the boards of medical examiners, osteopathic examination, and pharmacy shortly thereafter. The guidelines are now enforceable by the boards and give them the ability to discipline physicians who practice outside the standard of care.
Conclusion: Tennessee legislation provides a model for other states to take action in combating this opioid crisis by not only increasing access to addiction treatment, but increasing access to quality care.
Article Type: Commentary
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Anggriawan, Teddy Prima, Anajeng Esri Edhi Mahanani, Retno Mumpuni, and Alvian Dwiangga Wijaya. "UTILIZATION OF INFORMATION TECHNOLOGY AS A LEGAL EDUCATION MEDIA CONSUMER PROTECTION." UNTAG Law Review 5, no. 2 (November 23, 2021): 1. http://dx.doi.org/10.56444/ulrev.v5i2.2598.
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<span class="fontstyle0">Globalization is currently running in cyberspace, connecting all digital communities. All aspects of human life are influenced by internet information technology, in this case the economic conditions provide very significant changes. Online stores or what we often call e-commerce is a form of change brought about by the internet in terms of shopping innovation by providing various conveniences in the transaction process. Seeing the phenomenon of the rapid development of electronic<br />transactions in Indonesian society, the problem in this research is how to use information technology as a media for consumer protection law education. The research method applied in this study is a normative legal research method. The research is said to be juridical normative because it intends to study and analyze the substance of the legislation on the subject matter or legal issue in its consistency with existing legal principles. The type of research used in this writing is doctrinal research.Aims to obtain a systematic explanation of the rule of law. Thus, all benefits to the community will depend on the provisions of the law itself. The element of education then becomes the spearhead to instill attitudes and habits of obedience to existing rules. If all human interests can be fulfilled without disputes or conflicts, then everything that happens regularly will not be questioned about the concept of justice<br />which focuses on what is entitled or who is at fault if someone is harmed by another person. The first indicator is an understanding of the law, a person knows about certain behaviors that have been regulated by law.</span>
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Soini, Sirpa. "Biobanks as a Central Part of the Finnish Growth and Genomic Strategies: How to Balance Privacy in an Innovation Ecosystem?" Journal of Law, Medicine & Ethics 44, no. 1 (2016): 24–34. http://dx.doi.org/10.1177/1073110516644187.
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Finland has aimed to make itself an international leader in genomic research and related business and, in working towards that goal, has enacted biobank legislation. The Biobank Act requires biobanks to gain approval, be supervised, and register at the national level. Numerous other laws may also apply in any given research setting, such as the Personal Data Act, the Medical Research Act, and the Act on Medical Use of Human Organs and Tissues. In terms of privacy protection, anonymization is generally not permitted under Finnish law and therefore most biobanks pseudonomize data and samples. However, the broad understanding of what is identifiable data in Finland has created difficulties in sharing with non-EU countries. Furthermore, consent to biobank research is only applicable to the sample and related data, not to data stored in other health-related registries, and consent is only to the field of research for that particular biobank. These restrictions impede the sharing of samples and data for research.
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Soini, Sirpa. "Finland on a Road towards a Modern Legal Biobanking Infrastructure." European Journal of Health Law 20, no. 3 (2013): 289–94. http://dx.doi.org/10.1163/15718093-12341278.
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Abstract Finland has enacted a Biobank Act that will come into force on 1 September 2013. Finland is regarded as a highly successful environment for medical research using population samples and data for many reasons. One of the rationales behind the new legislation was to solve the problems due to the overly strict informed consent doctrine hindering access to old samples and data and asking for multi-purpose consents. Yet although consent is the primary justification to use biobank samples and data, the Biobank Act allows asking for a consent for several unspecified future research purposes. The guiding principles of the Biobank Act are promotion of trust, equal access to data and samples, protection of privacy, acceleration of innovation activities, and bringing biobank activities under public scrutiny. To the author’s knowledge, this is the first “all purpose” Biobank Act in Europe applied to all biobanks in one country.
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Paradise, Jordan. "21st Century Citizen Pharma: The FDA & Patient-Focused Product Development." American Journal of Law & Medicine 44, no. 2-3 (May 2018): 309–27. http://dx.doi.org/10.1177/0098858818789426.
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Perpetual debate regarding the delicate balance between access and innovation and the protection of the public health and safety dominate discussions of the United States Food and Drug Administration (“FDA”). Established chiefly as a command and control federal administrative agency, iterative changes in legislation have shaped the FDA's activity in drug, biologic, and medical device regulation over the course of the last one hundred plus years. The most recent fundamental reframing of the agency's authority and directive presented itself in the 21st Century Cures Act, reflecting an important role for patient perspectives in the regulatory process. This Article explores recent developments in patient-focused product development efforts at the FDA and offers modest insights on the increasing role of patients, and patient advocacy groups, in agency decision-making. The Article terms this era “21st century citizen pharma.”
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Tarasova, O. I., A. A. Ryzhova, M. I. Savinova, and V. D. Borodin. "How to get a patent for invention. Recommendations for drawing up application materials." Russian Journal of Biotherapy 20, no. 4 (December 3, 2021): 66–74. http://dx.doi.org/10.17650/1726-9784-2021-20-4-66-74.
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Availability of patents for inventions is a significant indicator of innovative activity in scientific research organization, one of efficiency criterion of its work, creates legal basis for integration innovations into practice and future commercial use. Not every inventor can formulate the point of his invention and describe it correctly according to demands of current legislation.Objective is to help a beginning inventor to form description and formula of invention correctly, to provide information, necessary for giving patent’s application.Recommendations for drawing up a claim according to the patent law of Russia are present in the article with an accent on inventions in the medical area. Conditions of patentability, objects of invention, patent validity periods have been considered. Conditions of creation companies’ inventions have also been highlighted. In the article the demands to a content of applications, structure of description, formula and an abstract of invention have been disclosed in details in compliance with “The Rules of drawing up, applying and considerations of papers (documents), which are the basis for performing legally significant actions in accordance with State registration of inventions” and “Demands to documents of an application of patent of invention”, approved by the Order Minister of Economic Development of Russian Federation, dated on 25.05.2016 No. 316. The example of description of invention in the medical area is given in order to illustrate an invention prototype.According to patent legislation of Russian Federation, a protection is provided to technical decision, which is new, not evident for a specialist in a given filed and is fully revealed in description of an invention in an amount, that is enough for its reproduction, and realization of a stated purpose is confirmed by materials of application. Formula of application must be totally based on a description.
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de Ávila, Renato Ivan, and Marize Campos Valadares. "Brazil Moves Toward the Replacement of Animal Experimentation." Alternatives to Laboratory Animals 47, no. 2 (May 2019): 71–81. http://dx.doi.org/10.1177/0261192919856806.
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In Brazil, efforts towards the regulatory acceptance and implementation of innovative methods to replace experimental animal use in various fields began to gather force in 2008, with the approval of Law No. 11,794/2008 (the Arouca Law). This law represented a milestone, as it created the National Council for the Control of Animal Experimentation (CONCEA) to deal with the ethical and legal issues related to the use of laboratory animals. In 2014, CONCEA put together a framework for expanding the implementation of non-animal methodologies for use in research and education. It also promoted the regulatory acceptance in Brazil of 24 test guidelines, including 15 in vitro approaches. It should be emphasised that, in Brazilian legislation, replacement is generally based on the toxicological endpoint and not on the category of product, as tends to be the case in other countries (e.g. cosmetics in the European Union). The resolution-dependent deadlines for the obligatory replacement of in vivo methods with the CONCEA-approved tests are 2019 and 2021. Brazil has advanced considerably towards the replacement of animal experimentation, and in certain aspects, this has been in a highly progressive manner. However, there is still a lot of work to be done, especially considering the current political scenario with reduced investment in research, development and innovation. The chronology of significant events following the approval of the Arouca Law, which have contributed to the promotion of the Three Rs alternatives in Brazil, will be examined.
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Manita, Aakash Deep, Vikram, Avtar C. Rana, and Prabodh C. Sharma. "Regulation and Clinical Investigation of Medical Device in the European Union." Applied Clinical Research, Clinical Trials and Regulatory Affairs 6, no. 3 (November 13, 2019): 163–81. http://dx.doi.org/10.2174/2213476x06666190821095407.
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Background:: Medical devices are the machine, tool, instrument, apparatus, implant, calibrator in vitro, software, the similar or related object intended for use by the manufacturer alone or in combination becoming increasingly important in the healthcare sector as these are used to diagnosis, control, prevention or treatment of an illness. Safety of the world population is the highest priority in order to launch new medical devices for the treatment and diagnostic of several diseases. New innovation in industries and regulations work together to provide devices for different world market and to improve quality and safety of exiting devices in the market. The main key for devices is to classify the determination of actual regulatory pathway which ensures the safety standards and other regulatory requirements in a specific country. We perform clinical trials for medical device which are quite different from the clinical trials performed for drug analysis. For any high-risk devices, the new EU law states that the manufacturer has to prepare a complete summary for their evidence. The clinical trials regulation provides more transparency on clinical trials data. Complete transparency is required for the maximum possibility of informed decisions in order to use new medical devices. Objective:: The current manuscript will provide the information regarding the regulatory framework for the approval of medical devices and clinical investigation of medical device in European Union and comparison of approval process of medical device in USA, EU and India. The aim of this paper is to provide an overview of the most suitable and emerging requirements that manufacturers need for introducing their medical devices in the market in compliance with the MDR regulations. Conclusion:: The proposal for a modified regulation of medical devices aims to ensure more robust clinical data in support of the CE marking applications of the medical device. The clinical investigation requirements will be mandatory, and there will be an obligation to demonstrate the clinical benefits of the device and provide a rigorous equivalence test if the assessment is based on comparison devices. The new European legislation should require the premarket demonstration of clinical efficacy and safety, using a randomized controlled trial if possible, and a transparent clinical review, preferably centralized.
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Smirnov, E. "Important Innovations in Tax Legislation." Auditor 8, no. 11 (December 23, 2022): 3–9. http://dx.doi.org/10.12737/1998-0701-2022-8-11-3-9.
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Improving the tax legislation taking into account the requirements of the time, the interests of the national market, as well as the practice of law enforcement, last summer the Russian parliament adopted a number of federal laws that introduce serious changes to the Tax Code of the Russian Federation, including Federal Law No. 323-FZ.
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Bremmers, H. J., B. M. J. van der Meulen, and K. Purnhagen. "Multi-stakeholder responses to the European Union health claims requirements." Journal on Chain and Network Science 13, no. 2 (January 1, 2013): 161–72. http://dx.doi.org/10.3920/jcns2013.1006.
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Stakeholder groups have different interests in health claims which may be complementary but also conflicting. It is not clear on beforehand, how managers should deal with legal requirements on claims. Nor is it clear how legal authorities can adjust the present claims regime to address market, consumer, company and normative requirements. This article aims to assess the strategic responses to health claims legislation and implementation by multiple stakeholders with seemingly complementary wishes, but also controversial expectations: especially consumers, companies and public authorities. A multidisciplinary approach is carried out, using insights from food technological and medical, economic, legal and managerial sciences. The EU-claims regime and the responses of multiple stakeholder groups are investigated using available research supplemented with case studies of probiotics and botanicals. The system is evaluated within the context of the structure of food law and the legitimate rights and obligations of stakeholders in food supply chains and networks. The main finding is that the costs and uncertainties attached to health claims are important factors impacting the innovation efforts of companies, the willingness-to-pay of consumers and the effectiveness of public policy. A dialogue between stakeholders and adjustment of the present legal system from a regime-based to a product-based approach is suggested to reduce the perceived uncertainties and to be able to provide food information in an effective and less risky way.
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Bakalinska, Olha. "International transfer of technologies in the conditions of modern challenges." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 109–20. http://dx.doi.org/10.33731/42022.265926.
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Keywords: international technology transfer, innovation, European Union, implementation
The globalization of international economic and technological cooperation increases the importance of international technology transfer. It is thanks to him that technology spreads as the most important resource of socio-economicdevelopment. At the international legal level, the international transfer of technologies is regulated by the norms contained in the provisions of universal, regional and bilateral agreements. Ukraine's acquisition of the status of a candidate for EU membership necessitated the implementation of the norms of European law into the legal system of Ukraine.The article examines the main problems of harmonizing the norms of competition law with the norms of legislation on the protection of intellectual property, in particular in the field of technology transfer. Particular attention is paid to the analysis of mergers and acquisitions and other forms of technology transfer, as well as Ukraine's fulfillment of its obligations under the association agreement between Ukraine and the EU, problems and trends in further improvement of the regulatory regulation of technology transfer issues in the field of public procurement and state aid are identified. It is determined that the technical assistance provided to Ukraine by the partner states requires a review not only of national norms regarding technology transfer, but also the creation of new norms of international technical cooperation in the military, technical and medical spheres. It is noted that access to the latest equipment and technologies can be a significant impetus for the development and restoration of the state, however, this requires working out new mechanisms of cooperation with international partners and support from the state and business, in particular in terms of the creation of new industries and joint scientific research, the results of which can become the basis for the restoration of the state and a long-term strategic partnership.
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Grigoriychuk, Vasyl. "Forensic medical aspects of the problematic issues of legal nature arising in the work of the department of forensic medical examination of corpses." Forensic-medical examination, no. 2 (December 30, 2016): 69–74. http://dx.doi.org/10.24061/2707-8728.2.2016.16.
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This survey article presents a review and analysis of the most pressing problematic issues of legal nature arising in the work of the department of forensic examination of corpses of medical examiner’s offices of Ukraine with reference to relevant legal documents, orders and regulations. In our opinion such topical issues causing debates are: contents of article 238 (part 4) of the Criminal Procedure Code of Ukraine, regarding the issue of when the corpse can be handed over for burying - only after performing (that is, completion) of forensic medical examination and establishment of the cause of death with drawing up the “Medical examiner’s conclusion”, or after the autopsy of the body, to whom exactly the corpse has to be handed over; to whom medical certificate of death has to be issued, taking into consideration provisions of item 2 of the “Regulations for filling out and issuance of medical death certificate”, who is to establish relatives of the deceased in compliance with the effective laws and how to understand the definition “a person who is undertaking to bury the deceased”; how to deal with the letters and inquiries pertaining to the disclosure of data obtained in the result of forensic medical examination sent to the bureau’s address by the “not judicial-investigative authorities”, presence or absence of legal documents, regulating actions of the medical examiner connected with the procedure of performance (or non-performance) of forensic medical examination of corpses of the nationals of foreign countries. At the same time conclusions have been made from this article pertaining to the vision of the ways for resolving the presented problematic issues in order to make easier, improve and optimize functioning of the department of forensic examination of corpses.
The main legal document the most often referred to in the work of the department of forensic examination of corpses is the Code of Criminal Procedure of Ukraine (with amendments made in accordance with the Law #5076-VI of 05.07.2012) that brought in new requirements and innovations in the work of forensic medical service of Ukraine. It should be noted, that in this legal document we have found 19 articles that deal directly or indirectly with the work of doctors medical examiners. Aside from this document we must also take into consideration the following effective legislative acts: “Regulations for filling out and issuance of medical death certificate (Form #106/o)”, approved on the order of the Ministry of Public Health of Ukraine #545 of 08.08.2006; “The procedure of carrying out investigation and registration of casualties, occupational diseases and industrial accidents”, approved by the Decree of the Cabinet of Ministers of Ukraine #1232 of 30.11.2011; the Law of Ukraine “On advocacy and legal practice”, the Law of Ukraine “On burial and undertakers’ business”.
Conclusions: to improve the quality of work of the department of forensic medical examination of corpses in particular and forensic medical service in general, to avoid and bring down to the minimum the problems of legal nature arising in practical work of doctors-medical examiners it is necessary, in our opinion, to resolve the following problematic issues:
To provide explanation of contents of article 238 (part 4) of the Code of Criminal Procedure of Ukraine in the part stating, that “the corpse can be handed over … only after performing forensic medical examination and establishing the cause of death”.
Solicit competent authorities to make additions or amendments to article 238 of the Code of Criminal Procedure of Ukraine binding indication of the name of person to whom the corpse can be handed over from the morgue for
To resolve the problem of responding to the inquiries from various enterprises, establishments and organizations requesting to provide results of the performed forensic medical examination of corpses, copies of the conclusions of expert examination taking into consideration provisions of article 69 (part 5) and article 222 (parts 1, 2) of the Code of Criminal Procedure of Ukraine.
Resolve the problem of legal aspects of performing forensic medical examination of corpses of foreign
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Panchenko, Volodymyr, Yurii Harust, Yana Us, Olena Korobets, and Vladyslav Pavlyk. "Energy-Efficient Innovations: Marketing, Management and Law Supporting." Marketing and Management of Innovations, no. 1 (2020): 256–64. http://dx.doi.org/10.21272/mmi.2020.1-21.
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This paper summarises the arguments and counterarguments within the scientific discussion on the issue of promotion energy-efficient innovations by marketing, management and law supporting. The innovative development is considered to be an essential condition to provide a high level of social and economic development. Thus, energy-efficient innovations are considered to be among the most critical drivers of qualitative economic growth and increasing the country’s competitiveness in the world market. Systematisation literary sources and approaches for solving the problem of promoting energy-efficient innovations indicated that government and scientists give the powerful punch in energy-efficient development. In view of this, it is appropriate to do the bibliometric research on publication activity on energy-efficient innovation from law aspect. The primary purpose of the study is to analyse the structure and dynamic of scientific publications in the field of energy-efficient legislation in the economic subject areas. The object of study is the chosen publications indexed in the Scopus database by keywords such as: «energy-efficient innovations», «energy law», «environmental legislation», «energy-efficient policy» in the category «title, abstract, keywords». The current study involved data from 1913 papers published on 13 languages in the subject area «Business. Management and Accounting» and «Economics, Econometrics, and Finance» from 2000 to 2019. Using VOSviewer, bibliometric analysis of publications on the issue of energy-efficient legislation was conducted from the view of the publication activity dynamic, considering the most impact articles, and countries in the issues of energy-efficient legislation researches. According to the obtained results, the increasing dynamic of publication activity from 2000 to 2019 was detected. Furthermore, it was visualised four clusters of countries’ collaborations by co-authorship as follows: 1) between the USA, the EU countries (including the United Kingdom) and China; 2) the EU countries, as well as South American such as Brazil and Chile; 3) African countries and the EU countries; 4) between Asian and African countries. Furthermore, the authors highlighted the most influencing articles in the field of energy-efficient innovations that could be the basis for future investigations promoting innovative activity in the field of energy-efficient development. Keywords bibliometric analysis, energy-efficient innovations, environmental legislation, energy policy, Scopus, VOSviewer.
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Dudko, Irina А. "Transformation of the Status of the Constitutional Court: Search for a New One or Return to the Past?" Rossijskoe pravosudie, no. 9 (August 23, 2022): 33–48. http://dx.doi.org/10.37399/issn2072-909x.2022.9.33-48.
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2020 was the year of a major constitutional reform in Russia, which affected various aspects of the state structure. The Constitutional Court of Russia was no exception. The Russian Constitution has been amended to change the composition, powers, principles and guarantees of the Constitutional Court of the Russian Federation. These amendments have been concretized and significantly deepened by the amendments to the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”. This article attempts to analyze the constitutional and legislative changes in the status of the Constitutional Court and determine whether the new regulation is completely new or whether it continues and consolidates the already established trends in the development of the Court, and, possibly, returns the Constitutional Court to its origins. In the course of the study, methods of formal legal analysis were applied, as well as elements of historical and legal analysis. The main result of the study was the conclusion that the reform of 2020 consolidated and continued trends noticeable over several years in the practice of the Constitutional Court, namely, the strengthening of the Court in the system of public authorities, a decrease in the composition, a decrease in publicity and openness, as well as the formalization of the process. Positive innovations should be considered the constitutional consolidation of the Constitutional Court as the highest judicial body of constitutional control, the expansion of the subjects of complaints about the violation of constitutional rights and freedoms, the constitutional consolidation of the status of interpretations in the decisions of the Court and the legislative consolidation of the foundations of the mechanism for systematic execution of decisions. At the same time, the reduction of the composition, the transformation of the Court’s powers into the sphere of preliminary control, the reduction of guarantees of the independence of the Court and constitutional judges, and the strengthening of written procedures appear to be controversial and undesirable. In general, the constitutional and legal status of the Court has not under gone significant cardinal changes in the course of the reform and is, perhaps, not the beginning, but the result of there forms taking place since 2009.
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Lisitsyna, Yuliya, Lyudmila Gurtieva, Andriy Pavlyshyn, Karina Lukashchuk, and Elnur Zakir Nuriyev. "Corruption Crimes and Peculiarities of their Investigation Procedure under Martial Law." Revista Amazonia Investiga 11, no. 54 (August 30, 2022): 41–49. http://dx.doi.org/10.34069/ai/2022.54.06.4.
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The military aggression of the Russian Federation radically changed the life of every Ukrainian, the main priorities of politicians, and the court trial procedures. But even though the whole country rallied against a common enemy, corruption crimes have not disappeared and continue to be committed. With the introduction of martial law, the criminal procedural legislation and the procedure for investigating corruption crimes have changed. Therefore, it is important to analyze the innovations of corruption legislation, single out the most common crimes, and investigate the peculiarities of the procedure for investigating corruption crimes under martial law. The purpose of the work is the analysis of corruption crimes and the peculiarities of the investigation procedure of corruption crimes under martial law. The research methodology consists of the following methods: dialectical, systemic, historical-legal, comparative-legal, and formal-logical (analysis and synthesis, induction and deduction, proof and refutation, comparison, generalization). During the study of corruption crimes and their investigation in the conditions of military aggression of the Russian Federation against Ukraine, innovations in anti-corruption legislation and changes in criminal procedural legislation were analyzed. In particular, the peculiarities of carrying out individual investigative actions during the pre-trial investigation were researched. As a result, it was concluded that these actions are necessary and timely to protect the rights of individuals and the effectiveness of criminal procedural legislation.
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Nekrasov, V. N. "Technologies in the criminal legislation of Russia: problems and prospects." Penitentiary science 13, no. 3 (December 9, 2019): 372–76. http://dx.doi.org/10.46741/2686-9764-2019-13-3-372-376.
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The article attempts to consider the impact of this type of innovation results, such as technology, on the domestic criminal law and conclude that the current law is ready for emerging innovations. In the work technological innovations as tools and means of crime are studied. In addition the author investigated the problematic issues of constructing the Criminal Code of the Russian Federation using new concepts related to the development of innovative activity. The author concludes that at present the need has arisen for combining the norms in the field of crimes encroaching on innovative activity into a separate group of norms.
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Tarasenko, Leonid. "PATENT LEGISLATION REFORM (2020): MAIN INNOVATIONS OF INVENTIONS (UTILITY MODELS)." Visnyk of the Lviv University. Series Law 73, no. 73 (November 30, 2021): 67–76. http://dx.doi.org/10.30970/vla.2021.73.067.
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The article considers the main innovations of current legislation concerning inventions and utility models. The conditions for granting legal protection of an invention (utility model), the procedure for filing and considering an application for an invention and a utility model, the application of «pre grant opposition» and «post grant opposition» procedures, and ways to protect patent rights are studied and analyzed. The author proves the importance of creating a national patent office (NIPO) in Ukraine. The article substantiates the need to adopt a separate law on NIPO instead of duplicating the rules on the legal status of NIPO, its structure, competence, etc. in several legislative acts. The author determines that the law eliminated the inaccuracy in the definition of a patent that certifies intellectual property rights to an invention and utility model, rather than ownership of them. This is fully consistent with the application of the theory of exclusive rights in the legislation of Ukraine on intellectual property. The article states that the law provides for only two types of patents (excluding secret and official inventions, utility models): a patent for an invention granted for 20 years based on the results of a qualifying examination, and a patent for a utility model granted for 10 years based on the results of a formal examination. The author notes that this patent by its legal nature remains declaratory, and it is granted under the responsibility of the applicant. The researcher proves the importance of legislative innovations, which eliminated the possibility of granting so-called «evergreen patents» (by improving the content of the inventive step as a condition of patentability). The article substantiates the need for a legislative solution to the issue of ownership of property patent rights to an official invention (utility model). The author notes that the reform of patent legislation (2020) bypassed the improvement of legal regulation on the use of inventions (utility models) taking into account digitalization (in particular, the legal regime «computer implemented inventions» is not defined). The researcher proves that the publication of information about the application for the invention is important, because from that moment the application becomes public, and an indefinite number of people have the opportunity to read its contents, and may see the technical essence of the invention. The author justifies the need to transfer the authority to decide on the issuance of compulsory licenses to the National Intellectual Property Office (or a specialized court after its creation). The article finds that instead of invalidating a patent for an invention (utility model), it was introduced that the rights to an invention (utility model) might be recognized as invalid, which is not currently accepted by case law. The article proves that an important innovation of the patent law reform (2020) is the introduction of a procedure for declaring inventions (utility model) invalid out of court («post-grant opposition») in order to curb the practice of patenting by unscrupulous applicants of well-known technical solutions.
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Ho, Hilda. "Mental healthcare in Brunei Darussalam: recent developments in mental health services and mental health law." International Psychiatry 11, no. 4 (November 2014): 100–102. http://dx.doi.org/10.1192/s1749367600004720.
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Mental health services and legislation in Brunei Darussalam have undergone a period of development and reform. This paper describes the challenges met, recent innovations and priority areas for the next 10 years.
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Zhang, Yu. "The Idea Replacement and System Improvement of Copyright Law." Technium Social Sciences Journal 38 (December 13, 2022): 877–85. http://dx.doi.org/10.47577/tssj.v38i1.7931.
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Copyright law is not only a law of rights but also a law of cultural development, which not only guarantees copyright but also constructs a cultural innovation system. The copyright law has the attribute of social law. From the beginning, it is necessary to build a balance mechanism between the copyright owner and the public. We must redefine the concept of public domain reservation, change the preferential protection of copyright owners, and build a balanced interest game mechanism by absorbing the effective participation of the public in the legislative process.
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Huber, Katharina. "Country Reports." European Energy and Environmental Law Review 11, Issue 6 (June 1, 2002): 162–69. http://dx.doi.org/10.54648/5092592.
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Summary: The new Austrian Waste Management Act 2002 reforms the definition of waste; the law governing professional waste collection and treatment agencies; and the law governing waste treatment installations; and establishes legislation that is consistent with Community law. This new legislation aims to restrict room within which the Austrian federal provinces may regulate waste management by adopting nine different state acts. This article outlines the major innovations of the Waste Management Act 2002 and compares the Act with previous laws.
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Серова, Ольга, and Olga Serova. "Civil law reform in Russia: a critical analysis." Advances in Law Studies 1, no. 4 (September 1, 2013): 197–204. http://dx.doi.org/10.12737/982.
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The article describes the state of civil law at this stage. The concept of development of civil legislation of the Russian Federation has set a clear direction changes. In reality, however, many of the provisions have not been taken into account. The article identifies the main trends of development of the system of legal persons. The author marks positive and negative aspects of the proposed legislative innovations.
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DICKENS, BERNARD M. "MEDICAL CONSENT LEGISLATION IN ONTARIO." Medical Law Review 2, no. 3 (1994): 283–301. http://dx.doi.org/10.1093/medlaw/2.3.283.
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AVANESOVA, N. E., Y. I. SERHIIENKO, and R. A. LYUBUSHIN. "STRENGTHENING THE STATE CYBER DEFENSE AND CREATING OF CYBER TROOPS: STATE, PROBLEMS AND ORGANIZATIONAL-ECONOMIC MEASURES FOR UKRAINE." Economic innovations 24, no. 1(82) (March 20, 2022): 25–40. http://dx.doi.org/10.31520/ei.2022.24.1(82).25-40.
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Topicality. In the last decade, cyberspace has become the fifth separate, specific and important area of armed struggle, along with four traditional ones - "Earth", "Sea", "Air" and "Space". The use of cyber troops and cyber weapons, cyber defense, cyber operations and cyber-attacks is now considered commonplace. Since 2014, Ukraine has been forced to repel hybrid Russian armed aggression, including in cyberspace. But the recognition of cyber defense as a new important component of its defense took place only in March 2016 in the Cyber Security Strategy of Ukraine [1] (hereinafter - the Strategy). At the same time, it states, in particular, that "The basis of the national cybersecurity system will be the Ministry of Defense of Ukraine, the State Service for Special Communications and Information Protection of Ukraine, the Security Service of Ukraine, the National Police of Ukraine, the National Bank of Ukraine." The Strategy also for the first time for the Ministry of Defense of Ukraine (Ministry of Defense) and the General Staff of the Armed Forces of Ukraine (General Staff of the Armed Forces) identified additional new main tasks, namely: measures to prepare the state to repel military aggression in cyberspace; military cooperation with NATO related to cyber security and joint protection against cyber threats; Ensuring in cooperation with the State Service for Special Communications and Information Protection of Ukraine and the Security Service of Ukraine cyber protection of its own information infrastructure. Cyber defense - a set of political, economic, social, military, scientific, scientific and technical, informational, legal, organizational and other measures carried out in cyberspace and aimed at protecting the sovereignty and defense capabilities of the state, preventing armed conflict and repelling armed aggression. Aim and tasks. The purpose of the article is to determine the scientific basis for strengthening the state's cyber defense and creating cyber troops. The organization of effective cyber defense of the state requires the solution of a number of important tasks and, first of all, the elimination of gaps in the regulatory framework. It is unfortunate to recognize that so far, the legislation of Ukraine does not define the basics of cyber defense, especially the purpose, goals, principles and objectives of cyber defense, its subjects and objects, construction, preparation and conduct of such defense, as well as the relevant powers of public authorities. functions and tasks of military administration bodies, other state bodies, responsibilities of officials, rights and responsibilities of citizens of Ukraine, etc. And this, in our opinion, makes it impossible to adequately define the tasks of cyber troops, which should play a leading role in the implementation of cyber defense tasks and should be created to implement the aforementioned decision of the President of Ukraine. Research results. Modern challenges and integrated threats to peace and stability have given rise to new approaches to practice cooperation in the field of cyber defense. The community has arrived agreement that only by joint efforts and on the basis of international law can security be resolved problems of the global information environment in the context of countering the latest information threats. Therefore, the need for policy research is obvious cyber defense of organizations introduced recently, practical consideration of new documents and decisions on their institutional support and implementation in the activities of member states. Conclusion. The transformation of the information paradigm of global development, which is a reflection of new patterns of formation of the modern system of international relations, testifies to the innovations of international cooperation in the field of information and communication and accordingly needs to improve policies for international peace and stability. Modernization of international information security policies is determined by their ability to ensure a multilateral dialogue of international actors, take into account the different positions of global actors in combating the latest information threats and act in accordance with their statutory powers as universal international platforms for consensus on current security issues.
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МАЛЫЙ, Александр Фёдорович, and Алмаз Альбертович НИГМЕТЗЯНОВ. "MODIFICATION OF THE ELECTORAL LEGISLATION IS THE IMPERATIVE OF OUR TIMES." Rule-of-law state: theory and practice 18, no. 3(69) (October 20, 2022): 132–36. http://dx.doi.org/10.33184/pravgos-2022.3.18.
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The article discusses the issues of modernization of the electoral legislation implemented in the last few years. The factors that caused the appearance of innovations and their content are considered. A significant role in this process was played by the political component, the increased confrontation between two approaches to understanding the future of Russia: strengthening state principles and following liberal ideas. Attention is focused on the innovations that appeared in the conditions of the pandemic. A brief summary of them is given. Purpose: to show the modification of the electoral legislation in Russia in connection with the political and epidemiological situation in the country, to demonstrate the possibility of solving current problems by reflecting them in the statutory legal regulation. Methods: the comparative method is used to compare the norms of electoral law. The method of formal logic allows to show the relationship of political and epidemiological components in the modification of electoral legislation. The formally legal method is applied in the process of evaluating the innovations of electoral law. The result of the study is that the legislator is obliged to take into account political, socio-economic, epidemiological conditions when forming the legal basis of elections. A popular vote is the only way to express the will of the people and to ensure that voters trust their representatives in the policies pursued by the authorities.
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Fabiano, Luciana, Marlene Valerio dos Santos Arenas, Rafael Vicente Martins dos Reis, and Lucas Rommel de Souza Neves. "Technological Innovations in Brazil - Public Contract Legislation - A New Dimension of Sustainable Development." International Journal of Business Administration 12, no. 1 (December 27, 2020): 29. http://dx.doi.org/10.5430/ijba.v12n1p29.
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The study discusses the elements of technological innovation present in Law 8.666/1993 that can be considered promoters of sustainable development through public procurement. The research aims to identify elements related to “technological innovation” present in Law 8.666/1993, a public administration bidding law in Brazil, in comparison with its elements of “sustainability”, which can be considered propellants of sustainable development. Based on the contribution of the bibliographic references that deal with sustainability and technological innovations, it analyzes the importance of technology in bidding as a promoter of sustainable development. It is an exploratory study; the research is bibliographic, and the method of analysis is documentary, with content analysis. The results show an elevated index of elements regarding “technological innovations” present in the text of the current legal basis, when compared to the number of elements on “sustainable development” present in the same legislation. This study proposes the consideration of technological innovation as a dimension of sustainable development, driven by Law 8.666/1993, in view of the high content of referents to technological innovation present in its text.
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KRYSOVATYY, Andrij, and Volodymyr VALIHURA. "Tax legislation of Ukraine under the conditions of martial law." Fìnansi Ukraïni 2022, no. 6 (July 22, 2022): 33–53. http://dx.doi.org/10.33763/finukr2022.06.033.
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Introduction. The full-scale war launched by the Russian Federation against Ukraine on February 24, 2022 immediately had a negative impact on all areas of society. The situation that has developed required urgent measures of the state in terms of regulating the issues of ensuring the provision of minimum public services and business support, including the anti-crisis tax regulation. Problem Statement. In response to the challenges, the Verkhovna Rada of Ukraine adopted a number of laws that eased the tax burden, eliminated the tax consequences of various support operations for the Armed Forces of Ukraine and persons affected by the consequences of the war. At the same time, the adopted innovations liberalized the tax system of Ukraine and endangered its fiscal security. Purpose. Critical expert analysis of tax legislation innovations adopted during the period of martial law and the formation of proposals for its adjustment in the conditions of war and post-war recovery. Methods. The following general scientific and special methods were used in the research process: logical analysis, synthesis, expert evaluation, description, comparison, theoretical generalization and abstract-logical. Results. Most of the adopted norms of tax legislation in the conditions of martial law do not contain financial and economic justification, were adopted on the basis of subjective judgments and did not have a regulatory effect. Instead, the martial law tax reform significantly reduced the fiscal function of taxes and created the conditions for abuse by dishonest taxpayers. Conclusions. The way out of the economic crisis caused by the war requires systemic state regulation. And tax instruments should play an important role in this system. At the same time, anti-crisis tax regulation must take into account a number of factors, among which the key factors are the fiscal needs of the state, the formation of a favorable business environment, the standards of tax compliance prescribed in the directives of the EU Council, and the military situation in the country. Further anti-crisis tax regulation in Ukraine is proposed to be considered under two scenarios: favorable (quick end of hostilities and transition to post-war recovery); negative (prolonged military actions of the aggressor country and the transition to the frozen conflict phase). Proposals for improvement of tax legislation based on the above scenarios have been formulated.
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Nekrasov, Vasily N. "TECHNOLOGIES IN THE CRIMINAL LEGISLATION OF RUSSIA: PROBLEMS AND PROSPECTS." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 37 (2020): 85–92. http://dx.doi.org/10.17223/22253513/37/7.
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In this paper, the author tried to consider the impact of such innovation results as technology on domestic criminal law and to understand whether the legislator is ready for them. In the current Criminal Code of the Russian Federation, the legislator does not once use a single general concept in relation to technical innovations, which allows to characterize its various elements. At the same time, the legislator traditionally uses such private terms as tools, means, equipment, system, etc. When considering this issue, the first thought that comes to mind is that technical innova-tions in the Criminal Code are regarded as instruments or means of committing a crime. In criminal law theory, there are many points of view on the question of distinguishing between "instrument" and "means" of crime. The Criminal Code of the Russian Federation does not clearly understand the concepts under analysis. Technical innovations, such as equipment by domestic lawmakers, are regarded as instruments and means of committing a crime. The above concepts were traditionally used by the legislator to construct the norms of the Russian criminal law. At the same time, due to the active development of innovation activity, new technical innovations are appearing today, which, firstly, did not exist before, and secondly, they have a number of specific features. At the same time, definitions that were not previously used in the Russian criminal law, which allow judging about new possibilities of technology, which only stimulate the discus-sion about the legal status of technology, both in criminal law and in legislation as a whole, are already in place today. Social relations are undergoing certain changes as a result of innovative activities. In this regard, the object of crime is also being transformed. As a result, a new type of property is emerging, namely intellectual property, which is also subject to criminal law protection. It seems that today there is a need to combine the norms in the field of crimes that infringe on innovative activity into a separate group of norms. These social relations have a number of features that make it possible to consider forming them into a separate type of crime object. Separating groups of crimes in the area of innovative activity will be of great importance. In particular, it will make it possible to establish public danger in relation to a group of crimes and to analyse changes in the degree of public danger of crime depending on the type of quali-fying and attracting circumstances.
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Smirnov, E. "Bank of Russia and Audit." Auditor 7, no. 9 (October 14, 2021): 3–9. http://dx.doi.org/10.12737/1998-0701-2021-7-9-3-9.
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The Russian Parliament is doing a lot of work to improve financial legislation, taking into account the requirements of the market and law enforcement practice. This year, in line with this work, in particular, Federal Law No. 359-FZ dated 02.07.2021 was adopted, which introduced significant innovations in the powers of the Central Bank of the Russian Federation in the field of auditing.
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Antonov, O. Yu. "Problems of Using Special Knowledge in Criminal Proceedings and Ways to Solve Them." Russian Journal of Legal Studies 5, no. 3 (September 15, 2018): 106–10. http://dx.doi.org/10.17816/rjls18386.
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In article actual problems of using of the conclusions and evidence of specialist parties and the court, appointment of judicial examination before initiation of criminal case, including problems realization of related innovations of the Criminal Procedure Code of the Russian Federation; the proposals on improvement of legislation, law enforcement practice.
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VNUKOV, N. A., and S. A. ABRAMOV. "INNOVATIONS IN LAW ENFORCEMENT PRACTICE AND RUSSIAN CIVIL LEGISLATION UNDER THE CONDITIONS OF IMPORT SUBSTITUTION." Central Russian Journal of Social Sciences 12, no. 3 (2017): 209–14. http://dx.doi.org/10.22394/2071-2367-2017-12-3-209-214.
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Arindrajaya, Safina Callistamalva, and Stefan Koos. "Legal Protection Against Cryptocurrency Investors: Overview of Indonesian Consumer Protection Law." Journal of Human Rights, Culture and Legal System 2, no. 2 (July 13, 2022): 113–20. http://dx.doi.org/10.53955/jhcls.v2i2.32.
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Information and communication technology advancements has spawned numerous innovations, including cryptocurrency. Cryptocurrency is a currency that only exists in Indonesia as a digital asset. The volatile and uncontrollable value of cryptocurrencies causes investors to suffer losses. This study aims to determine the legal protection of cryptocurrency investors in Indonesia under Consumer Protection Law. This study employs a descriptive qualitative methodology with a normative approach through legislation. According to the findings of this study, The Consumer Protection Act provides legal protection for cryptocurrency investors by regulating the rights and responsibilities of consumers and business actors.
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Khatniuk, Natalia, Nelli Pobiianska, and Nataliia Oblovatska. "Problems of the transformation of labor legislation according to the conditions of the marital state in Ukraine." ScienceRise: Juridical Science, no. 4(22) (December 30, 2022): 4–10. http://dx.doi.org/10.15587/2523-4153.2022.270675.
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The main ways of adapting labor legislation in accordance with the conditions of martial law are revealed, the innovations and individual issues of changes in labor relations under the conditions of martial law in Ukraine are analyzed. Since the issue of limiting, violating and protecting the labor rights of employees, and expanding the labor rights of employers became quite relevant with the onset of martial law, the authors focused on the important provisions of the amended labor legislation and tried to explain the theoretical and practical features of the application of new labor legislation. After all, war times require the adoption of difficult and unpopular decisions in other spheres of life, in particular, in labor relations. The main aspects of the transformation of labor legislation in wartime conditions were studied, the content of the updated provisions of the legislation was revealed, namely, on the dismissal of employees, on the procedure for suspending an employment contract, registration of layoffs and vacations, on changing the terms of wages and on increasing working hours. The positive and negative aspects of changes in labor legislation at such a difficult time for Ukrainian society are analyzed. At the same time, the authors of the article revealed the mechanisms, provided by the current labor legislation, which, although aimed at maximum compliance with the rights and guarantees for employees, cannot always be fulfilled by employers in martial law conditions
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Salikhov, Damir R. "“Regulatory Sandboxes” in Russia: New Horizons and Challenges." Digital Law Journal 1, no. 2 (August 26, 2020): 17–27. http://dx.doi.org/10.38044/2686-9136-2020-1-2-17-27.
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“Regulatory sandboxes” are regarded as a special mechanism for setting up experimental regulation in the area of digital innovation (especially in financial technologies), creating a special regime for a limited number of participants and for a limited time.Russiahas its own method of experimental regulation, which is not typical but may be helpful for other jurisdictions. There are three approaches to legal experiments (including digital innovations) inRussia. The first approach is accepting special regulation on different issues. There are recent examples of special laws (e.g. Federal Law on the experiment with artificial intelligence technologies inMoscow). An alternative to this option is establishing experimental regulation by an act of the Government if legislation does not prohibit it (e.g. labeling with means of identification). The second approach deals only with Fintech innovations and provides a special mechanism to pilot models of innovative financial technologies. The participants of such a “sandbox” may create a close-to-life model in order to estimate the effects and risks. If the model works fine, the regulation may be amended. The third approach works with creating a universal mechanism of real-life experiments in the sphere of digital innovations based on the special Federal Law and the specific decision of the Government of theRussian Federationor the Bank of Russia in the financial sphere. The author compares the three approaches and their implementation within the framework of Russian legislation and practice and concludes that this experience may be used by developing countries with inflexible regulation, in order to facilitate the development of digital innovations.
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Lee, Han Joo. "The Legislation on the Personal Medical Information Protection Law." Korean association of medical law 22, no. 1 (June 30, 2014): 177. http://dx.doi.org/10.17215/kaml.2014.06.22.1.177.
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Дорошина and Olga Doroshina. "TAXATION OF THE NONPROFIT SECTOR: CHALLENGES AND INNOVATIONS OF 2015." Journal of Public and Municipal Administration 4, no. 3 (September 28, 2015): 72–84. http://dx.doi.org/10.12737/13620.
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The variety of forms of NCOs and activities, the availability of different methods and sources of their financial support, changing legislation and other circumstances of the implementation of NGO activities are prerequisites that the taxation of non-profit organizations do not cease to be relevant. The paper describes some peculiarities of taxation of NGOs, business structures in the field of their charities. Based on current tax law changes 2015. Describes the problems NGOs and provides a brief overview of the status of this field at the moment in Russia and the Republic of Tatarstan.
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Tkachenko, Nadiia. "Legislative Changes and Innovations in Accounting, their Influence and Creation of Conditions for Reforms in Taxation." Herald of the Economic Sciences of Ukraine, no. 1(40) (2021): 142–46. http://dx.doi.org/10.37405/1729-7206.2021.1(40).142-146.
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This article researches legislative changes in accounting, which took place in recent years. Main attention was focused on the innovations introduced by the Law of Ukraine of January 16, 2020 No. 466-IX “On The Introduction Of Changes Into The Tax Code of Ukraine As To The Administration Of Taxation, Elimination of Technical And Logical Inconsistences In Tax Legislation”, which embrace practically all the spheres of economic activities, apart from banks and budgetary institutions and enterprises, which, according to the legislation, report their records according to the international standards of financial accounting and have huge importance for tax system.
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Khamitova, G. M., and A. I. Khabirov. "Legal regulation of medical waste disposal in foreign law." Journal of Law and Administration 17, no. 2 (July 16, 2021): 53–60. http://dx.doi.org/10.24833/2073-8420-2021-2-59-53-60.
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Introduction. The article considers international and national experience in legal regulation of medical waste disposal. The special attention is given to foreign experience and possibility of application and perfection of the legislation on medical waste recycling in the Russian Federation.Materials and methods. Realization of research tasks has been reached on the basis of studying theoretical and practical experience of foreign countries concerning regulation of medical waste utilization. The study is based on the method of analysis of the current regulatory and legal framework in the Russian Federation, the practice of applying the legislation by judicial and other competent authorities and existing European (world) standards for the purposes of legal unification. Study results. In the article experience of the foreign countries concerning legal regulation of medical waste recycling, presented in the works of foreign and domestic researchers, the legislation of foreign countries is considered; the analysis of the sources regulating recycling of medical waste is conducted; various concepts of classifications of medical waste are revealed.Discussion and conclusions. The study showed that polymorphism of medical waste is both an epidemiological and environmental hazard. The problem is compounded by the potential hazards that arise from contact with these wastes, such as toxicity, radioactivity and infection. This is why environmental and environmental legislation is of particular importance, along with health and sanitary legislation. These legal norms should be taken into account by medical institutions when developing procedures for handling hospital waste. On the basis of the above-stated it seems expedient to study the experience of developed countries, in particular of the USA and the European states, concerning legal regulation of utilization of medical wastes as the problem of safe handling of medical wastes is important for each subject of the Russian Federation.
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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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Makarov, Vladislav Olegovich. "Practical issues of implementation of the institution of regulatory sandboxes into the Russian legislation in the context of enactment of the Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”." Юридические исследования, no. 11 (November 2020): 18–25. http://dx.doi.org/10.25136/2409-7136.2020.11.34587.
Full textAbstract:
This article reviews the topical practical issues of implementation of the institution of experimental legal regimes into the Russian legal system due to adoption of the new Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”. The author analyzes the social context that changed in the course of discussion and revision of the draft law, as well as examines the problems of harmonization of the current legislation with the new legislation. The question is raised on the adequacy of exceptions with regards to processing of personal data for the participants of experimental legal regimes; the presence of parallel regulation of the sphere of digital innovations is indicated. Analysis is conducted on the legislative novels in the area of establishment and regulation of experimental legal regimes in the Russian Federation. The conclusion is made on the timeliness of adoption of the Federal Law “On Experimental Legal Regimes in the Sphere of Digital Innovations” and feasibility of usage of its legal mechanisms in the changing conditions caused by the spread of coronavirus infection COVID-19. The need is underlined for determination of the hierarchy of sources and model of legal regulation for the experimental legal regimes to exclude parallel regulation of the uniform social relations by various federal laws, as well for further elaboration of special legislative norms on personal data protection applicable to experimental legal regimes that involve big data analysis.
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Гузеева, Наталья, and Natalya Guzeeva. "Changes in the legislative regulation of the right to tourists´ freedom of movement." Service & Tourism: Current Challenges 8, no. 3 (September 1, 2014): 79–84. http://dx.doi.org/10.12737/5602.
Full textAbstract:
This article is devoted to analysis of current changes in legislation, which entailed new restrictions of constitutional right of citizens to freedom of movement. It is adopted on 28 December 2013 amendments to the
Federal law « On specially protected natural areas». According to the author, these changes contradict the current system of regulations, including three article of the Constitution of the Russian Federation. The article discusses the possible adverse eff ects of these innovations. The
author comes to the conclusion that changes in legislation, initially aimed at the protection and nature conservation, will lead to deterioration in
its condition.
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Zanatta Tocchetto, Gabriel. "The Moral Clause in Patent Law and Threats Posed by Human Germl ine Genome Editing." Mexican Law Review 14, no. 1 (August 3, 2021): 145. http://dx.doi.org/10.22201/iij.24485306e.2021.1.16095.
Full textAbstract:
This article examines whether the lack of closure of moral clauses in patent laws, particularly in dealing with the issue of human germline genome editing, causes such clauses to fail to function as a moratorium in countries like Mexico. The hypothesis posed here is that a general, open, moral clause in intellectual property legislation, specifically in patent law, is ineffective when confronted with a foreseeable but strong innovation that alters an area of applied biology such as human germline genome editing. Using the deductive method, this research aims to determine whether countries like Mexico need to provide more specific guidance in their legislation on technological innovations like human germline modification in order to foster an atmosphere of legal certainty. A comparative analysis of the closed morals clause in the European Patent Convention and the open morals clause in Mexico’s intellectual property law confirms this hypothesis. Specifically, the lack of closure of a morals clause in patent law, when confronted with novel and complex technological advances, will likely fail to function as a moratorium.
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Khalilov, N. Sh. "Codification of Civil Law in Azerbaijan: History, Current State and Prospects for Development." Lex Russica, no. 6 (June 11, 2022): 123–37. http://dx.doi.org/10.17803/1729-5920.2022.187.6.123-137.
Full textAbstract:
The paper is devoted to the codification of civil law in Azerbaijan over the past 100 years. During the 20th century, Azerbaijan has adopted civil codes three times by codifying the norms of civil law. The development of new civil legislation from scratch after gaining independence in the early 1990s was aimed at the country’s transition from a planned economy to a market economy. The paper discusses a number of pressing problems of the civil legislation of the Republic of Azerbaijan and puts forward several proposals for their solution. Assessing the results of the civil legislation of Azerbaijan adopted since independence, it is possible to say that, although most of the issues related to the creation and development of the civil law system have been resolved, there is a great need to reform and change the civil legislation of the country. The concept of development and reform of civil legislation in Azerbaijan should be transformed into a unified strategy aimed at more effective regulation of market relations in the country in order to gradually eliminate the «transitional» nature of market relations. The author proposes to optimize civil legislation in Azerbaijan. These should aim at revising a certain part of civil legislation, eliminating contradictions, recodifying old laws; improving norms for the protection of property rights, healthy competition, implementation of agreements and antimonopoly activities; reflecting the practice of law enforcement and interpretation of laws and improving the effectiveness of law enforcement practice; using innovations and successful experience of civil codes in a number of European and Asian countries in the modernization of civil legislation; improvement of the legal language and legislative technique; raising awareness of judges and lawyers through trainings; formation of legal consciousness of citizens through the media; public discussion of the adoption of new laws and amendments to controversial laws that meet modern challenges, with the participation of scientists and experts in the field of private law.