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Journal articles on the topic 'Legislative measures'
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1
Bonvecchi, Alejandro, and Javier Zelaznik. "Measuring Legislative Input on Presidential Agendas (Argentina, 1999–2007)." Journal of Politics in Latin America 3, no. 3 (December 2011): 127–50. http://dx.doi.org/10.1177/1866802x1100300305.
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Presidential agenda success is usually accounted for through measures of interbranch cooperation, such as bill approval rates, participation rates, and roll-call data of support from presidential initiatives. These measures do not provide an accurate picture of presidential agenda success because they cannot capture the ability of presidents or Congress to shape the substance of legislation. To overcome this limitation, this paper proposes a combination of two measures of influence on legislative outcomes: the Legislative Input Score for partisan involvement in lawmaking, and the Barrett and Eshbaugh-Soha Scale for legislative substance. To illustrate the potential of these measures, it puts them to work in analyzing the ability of presidents to control the substance of their proposed legislation in Argentina between 1999 and 2007. Preliminary results show that when agenda success is measured with these scores, presidents can consistently shape legislative substance regardless of popularity, coalition size, and honeymoon periods.
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McDowell, Evelyn, and Pamela C. Smith. "Examining Tax Strategy Patents—An Analysis of Reform Measures." ATA Journal of Legal Tax Research 7, no. 1 (January 1, 2009): 16–32. http://dx.doi.org/10.2308/jltr.2009.7.1.16.
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Tax strategy patents (TSPs) are currently the center of debate due to their potential to monopolize interpretations of the tax code. Current legislative efforts to calm the debate surrounding tax strategy patents fail to do so. This paper analyzes current legislative reform measures aimed at TSPs. We identify both administrative and legislative problems surrounding TSPs, and argue that legislative reform that completely removes legal methods from patentable subject matter is critically necessary in order to provide equity for all taxpayers. Despite proposed legislation to curb the growth of TSPs, more stringent legislative and administrative reform is necessary in order to provide guidance to taxpayers and to advance tax policy.
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KLIMUSHIN, N. G. "The Legislative Measures Are Necessary." Пожаровзрывобезопасность 21, no. 5 (October 2012): 13–14. http://dx.doi.org/10.18322/pvb.2012.21.05.13-14.
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Planck, Corri. "Legislative Update on GLBT Family Measures." Journal of GLBT Family Studies 3, no. 1 (January 2007): 93–98. http://dx.doi.org/10.1300/j461v03n01_05.
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Kalinina, Iryna V., Volodymyr M. Kupriienko, Iryna I. Shulhan, Dmytro O. Pylypenko, and Olena A. Kozeratska. "Legality of Applying Coercive Medical Measures in Criminal Law." Cuestiones Políticas 39, no. 71 (December 25, 2021): 126–46. http://dx.doi.org/10.46398/cuestpol.3971.06.
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The objective of the study was to determine the legality of the application of coercive medical measures and to develop recommendations to improve the legislative regulation of their use. The study included data on the number of offenders with mental disorders; the empirical background was the decision of the European Court of Human Rights on the application of coercive medical measures; provisions of the legislation of 31 countries. Methods of system approach, comparison, descriptive analysis, pragmatic approach, prognosis were used. The national criminal law of most states regulates the application of coercive medical measures to persons who have committed a crime in a state of limited sanity or insanity or have acquired it before sentencing or during the execution of the sentence, but its practical application causes several complications. It is concluded that the legislative definition of coercive medical measures corresponds to human rights legislation. But there are problems with its practical application. Proposals were made to amend national and international legislation: to broaden the range of grounds for the application of coercive medical measures; regulate the possibility of early termination of a coercive medical measure; oblige the courts to determine the appropriate terms.
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Grant, J. Tobin, and Nathan J. Kelly. "Legislative Productivity of the U.S. Congress, 1789–2004." Political Analysis 16, no. 3 (2008): 303–23. http://dx.doi.org/10.1093/pan/mpm035.
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We measure legislative productivity for the entire history of the U.S. Congress. Current measures of legislative productivity are problematic because they measure productivity for a limited number of decades and because they are based on different aspects of productivity. We provide a methodology for measuring (1) a Legislative Productivity Index (LPI) and (2) a Major Legislation Index (MLI). We use the W-CALC algorithm of Stimson (1999, Public opinion in America: Moods, cycles, and swings. 2nd ed. Boulder, CO: Westview Press) to combine information from previously used indicators of productivity into measures of the LPI and the MLI. We provide examinations of content, convergent, and construct validity. The construct validity model includes potential determinants of legislative productivity. We conclude that the LPI and the MLI are superior measures of productivity than other measures used in the literature.
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Greenberg, Daniel. "Welsh Devolution." Legal Information Management 13, no. 3 (September 2013): 134–38. http://dx.doi.org/10.1017/s1472669613000364.
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AbstractThe emergence of the National Assembly for Wales as a devolved legislature producing first Measures and now Acts, together with the establishment of a Welsh Government with a range of powers to make secondary legislation, has added a new layer of complication to the already over-complicated legislative landscape of the United Kingdom. This article, written by Daniel Greenberg, examines briefly some of the resulting complications.
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Mardasova, Мaria Е. "Abuse of Powers by the Tax Authorities while Implementing Some Control Measures." Russian Journal of Legal Studies (Moscow) 9, no. 4 (January 27, 2023): 57–62. http://dx.doi.org/10.17816/rjls114832.
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The article discusses the issues of abuse of powers by tax authorities in the course of implementing certain control measures. Examples of such issues include calling taxpayers to make statements and requesting from them the documents necessary for a tax audit. The author notes that many tax disputes that arise in the practice of law enforcement regarding certain issues in the implementation of these control measures are caused either by the complete absence of legislation or imperfection of legislative regulation for the relevant procedures. Finally, it is concluded that there is a need to improve legislative frameworks for the most important regulatory issues.
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Nazarenko, G. V. "REGULATION OF COERCIVE MEASURES OF A MEDICAL NATURE." Proceedings of the Southwest State University 21, no. 2 (April 28, 2017): 164–68. http://dx.doi.org/10.21869/2223-1560-2017-21-2-164-168.
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The article is devoted to the legislative regulation of compulsory medical measures. The author shows that the legislative regulations of such measures are not limited to the criminal legislation norms. A number of articles regulating compulsory treatment are envisioned by the Law on Psychiatric Care, as well as other federal regulations. However, the legislative recommendation of coercive measures of medical nature has gaps regarding the implementation of such measures. The article reveals compulsory measures of medical nature, appointed and applied against pedophiles. The author draws attention to the restrictive conditions, the observance of which is necessary for imposition of compulsory treatment for this category of persons. The article emphasizes that the use of coercive measures of medical nature for pedophiles who have committed crimes against the sexual inviolability of minors can continue after serving their sentences if the purposes of applying coercive measures are not met. The basis for the extension of such measures is the public danger of a person suffering from sexual drive disorder. The public danger of persons listed in article 97 of the Criminal Code of the Russian Federation is the only basis for use of coercive measures of medical nature. Persons who are not dangerous are to be treated in medical organizations that provide psychiatric care on a general basis. In necessary, such persons can be send to the handicap centres.
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PROKUDINA, R. O., N. A. GONCHARUK, V. A. TSEDRIK, and E. V. ZHURAVLEVA. "Coercive measures of medical nature: legislative definition." Eurasian Law Journal 2, no. 153 (2021): 254–55. http://dx.doi.org/10.46320/2073-4506-2021-2-153-254-255.
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Lagiou, Pagona, and Dimitrios Trichopoulos. "Legislative measures and tobacco control in Europe." Preventive Medicine 45, no. 2-3 (August 2007): 121–22. http://dx.doi.org/10.1016/j.ypmed.2007.04.004.
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Braun, Tomasz. "THE QUASI-LEGISLATIVE MEASURES OF INTERNATIONAL CORPORATIONS." International Journal of Legal Studies ( IJOLS ) 6, no. 2 (December 31, 2019): 113–35. http://dx.doi.org/10.5604/01.3001.0013.7412.
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The contemporary impact of international corporates on individuals and societies is obvious and multifaced. It manifests in various ways. The multinationals determine individual and collective tastes, needs and customs. Firstly, they do it through the supply of goods and services. But there is also a second – quasi-legislative layer of this. They shape their environment through the soft norms they issue. The researches prove that socio-cultural changes are both: created and addressed by international corporates that actively participate informing them by regulating lives of individuals and the entire societies. At the bottom of this phenomenon is the question if the measures introduced by them can be seen as the (soft) type of laws or not. The findings are undoubted: they are the norms of a trans-border impact, they cross the jurisdictional boundaries. A matter of scientific reflection is our ability to fully understand and assess this impact? It appears clear is that this impact changes the economic behaviors and the social expectations. It also has a strong cultural dimension. Moreover, it may influence the politics – we witness the situation where the way the international corporations act (or just tolerate some actions) has an impact on shifting political powers. Of course, there are also plenty of good examples of the corporates engagements like public pledges that raise quality of peoples’ lives or limit the nature imprint, CSR activities, codes of ethics that promote desired behaviors across the cultures etc. The lawyers’ question is whether the norms (global standards, published principles, policies, codes of conduct, instructions, recommendations, guidelines, terms of reference, manuals etc.) introduced by mighty international corporates are laws or non-laws. If indeed they are informal laws, the corporates’ law-making is hardly controlled given the limited reach of states versus the international coverage of the corporates.
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Clark, Mary E. "AIDS Prevention: Legislative Options." American Journal of Law & Medicine 16, no. 1-2 (1990): 107–53. http://dx.doi.org/10.1017/s0098858800009965.
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This article reviews legislative options to prevent the transmission of HIV infection. It distinguishes between pre-exposure measures designed to prevent intitial exposure, and post-exposure measures aimed at preventing infected individuals from exposing others. Part I identifies education as the key component of a comprehensive prevention program, and reviews options for pre-exposure education programs designed to avoid or minimize exposure. Part II reviews post-exposure prevention measures, focusing on reporting and contact tracing provisions. Mandatory reporting by name of individuals testing HIV positive and mandatory contact tracing are opposed as counterproductive prevention measures; voluntary partner notification is supported. Part III examines various prevention efforts for settings where there may be either a real or perceived risk of transmission of HIV infection. Part IV sets out conclusions.
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Armeanu, Andrei. "LEGAL PROTECTION AND SOCIAL REINTEGRATION OF HUMAN TRAFFICKING VICTIMS." Agora International Journal of Juridical Sciences 13, no. 2 (January 21, 2020): 1–7. http://dx.doi.org/10.15837/aijjs.v13i2.3794.
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As of April 2019 the Romanian authorities have expanded the protective measures to which victims of crime will have access through Government Ordinance 24/2019. This legislative amendment is designed to harmonise national legislation with the full provisions of the European Directive 2012/29/EU laying down minimum rules on the rights, support and protection of victims of crime. These changes are welcome given previous legislative loopholes and worrying statistics as the phenomenon of trafficking in human beings is growing in Romania. This paper is reviewing recent legislative changes and proposes an analysis of the protection and support measures available for victims of trafficking in human beings in Romania.
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Kovalchuk, A. V. "LEGAL ENFORCEMENT DECRIMINALIZATION IN THE CONTEXT OF ECONOMY OF CRIMINAL IMPACT MEASURES: CONCEPT, SIGNS AND IMPLEMENTATION PROBLEMS." Vestnik of Polotsk State University. Part D. Economic and legal sciences, no. 5 (June 27, 2021): 120–30. http://dx.doi.org/10.52928/2070-1632-2021-56-5-120-130.
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The article examines decriminalization, which is a method of criminal law policy. The author substantiates the division of decriminalization according to the forms of its implementation into legislative and law enforcement. The legal nature of law enforcement decriminalization is analyzed. On the basis of the features identified by the author, its concept is formulated. The problems of the implementation of law enforcement decriminalization associated with the interpretation of evaluative features, the presence of legislative problems expressed in the intersectoral inconsistency of criminal and administrative legislation, as well as the formulation of qualifying signs of individual offenses that are not related to the commission of an act that forms the main body of these crimes are noted. Based on the study, analysis of legislation and theoretical views, a conclusion is made about the existence of a legislative basis for law enforcement decriminalization, it is argued that the phenomenon under study is one of the most important components of the law enforcement economy of criminal law impact, contributing to the implementation of the principle of fairness of criminal law and criminal liability.
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Santashov, A. L., M. Yu Kashinskiy, and L. N. Tarabuev. "Legal problems of use of compulsory psychiatric treatment in Russia and Belarus." Law Enforcement Review 5, no. 4 (January 6, 2022): 187–96. http://dx.doi.org/10.52468/2542-1514.2021.5(4).187-196.
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The subject of the research is the problems of legislative regulation of compulsory psychiatric measures in the criminal legislation of the Republic of Belarus and the Russian Federation.The purpose of the article is to confirm or refute the hypothesis that there are defects in legislative regulation that prevent the effective use of compulsory psychiatric treatment. They are not eliminated in the Criminal Codes of the Russian Federation and the Republic of Belarus. Research methodology. On the basis of a system-integrated approach on an interdisciplinary basis, a scientific analysis of special legal and forensic psychiatric scientific literature and interpretation of the criminal legislation of the Republic of Belarus and the Russian Federation were carried out.Main results. An analysis of the Criminal Codes of the Republic of Belarus and the Russian Federation showed that compulsory psychiatric treatment is an independent institution of criminal law, which is regulated in sufficient detail in the national criminal legislation. The article includes a comparative legal analysis of the norms of the criminal legislation of both states (Chapter 14 of the Criminal Code of the Republic of Belarus and Chapter 15 of the Criminal Code of the Russian Federation) that regulate psychiatric coercive measures applied to persons with mental disorders who have committed illegal acts. Based on the results of the study, a number of problems were identified in the legislative regulation of psychiatric compulsory measures in the criminal codes of both states, the authors propose directions for further improvement of the current criminal legislation.Conclusions. The Criminal Codes of the Republic of Belarus and the Russian Federation contain only general criteria for choosing the type of psychiatric measures of a coercive nature, in the most general form, the procedure for their change and termination is provided, they need editorial clarification of their purpose. There is no legislative definition of the concepts of “coercive security measures and treatment” (Chapter 14 of the Criminal Code of the Republic of Belarus) and “compulsory measures of a medical nature” (Chapter 15 of the Criminal Code of the Russian Federation), etc., which causes serious difficulties in law enforcement practice and indicates the need to continue work to improve the current criminal legislation.The terminology used “coercive and security measures and treatment” (Chapter 14 of the Criminal Code of the Republic of Belarus) and “coercive measures of a medical nature” (Chapter 15 of the Criminal Code of the Russian Federation) does not reflect the specifics of these measures, which in their essence and content are exclusively psychiatric measures. The identified problems of legislative regulation of psychiatric compulsory measures in the criminal legislation of both states require their further resolution, and based on the interdisciplinary medico-legal nature of the problems involved, with the obligatory involvement of forensic psychiatrists in their solution.
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Leckey, Robert. "One Parent, Three Parents: Judges and Ontario’s All Families Are Equal Act, 2016." International Journal of Law, Policy and the Family 33, no. 3 (September 8, 2019): 298–315. http://dx.doi.org/10.1093/lawfam/ebz013.
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Abstract This article studies judges’ early treatment of a new law on parentage and assisted reproduction. During decades of legislative inaction, Ontario’s judges adapted the law to evolving familial practices, at times boldly. A legislative overhaul in 2016, aiming to recognize all children’s families equally and inclusively, raised the question whether judges would adopt a more restrained role post-reform. In two early cases, where the new conditions for automatic recognition of a parental arrangement were unmet, the judges emphasized the intention of involved adults. Closely reading the legislation, the article presents bases for deciding the cases otherwise and for reducing their potential to incentivize litigation. Where the legislature has set out a broad range of accessible paths to parentage, even judges who champion family diversity may have reasons to stick to those paths. For legislative drafters, the difficulty of anticipating the variety of contemporary forms of family may counsel against purporting to limit judicial discretion. Ontario’s experience also favours including transitional measures in major reform.
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Sheshadri, Karthik, and Munindar P. Singh. "The public and legislative impact of hyperconcentrated topic news." Science Advances 5, no. 8 (August 2019): eaat8296. http://dx.doi.org/10.1126/sciadv.aat8296.
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News has been shown to influence public perception, affect technology development, and increase public expression. We demonstrate that framing, a subjective aspect of news, appears to influence both significant public perception changes and federal legislation. We show that specific features of news, such as publishing volume, appear to influence sustained public attention, as measured by annual Google Trends data, and federal legislation. We observe that federal legislative activity is often foreshadowed by periods of high news volume and similarity between articles, which we call hyperconcentrated news periods. Last, we contribute the measures of framing density and framing polarity, which provide a quantitative assessment of news framing in a domain. We demonstrate that these measures appear to correlate substantially with the results of earlier human surveys. We note, however, that our analysis does not disprove reverse causality and does not model other confounding factors.
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Josipović, Tatjana. "Kroatische Verbraucher vs. Kredite in CHF – ein Drama in fünf Akten ohne Schlussakt." osteuropa recht 66, no. 1 (2020): 4–33. http://dx.doi.org/10.5771/0030-6444-2020-1-4.
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The difficult financial and social position of Croatian consumers with CHF loans was a trigger for various reactions and measures by the Croatian legislator and Government, as well as consumers themselves. An array of legislative and administrative measures was passed to alleviate the financial and social position of consumers with CHF loans. Various legislative measures were also passed that were intended to alleviate the position of consumers in foreclosures on residential real property. Finally, consumers have started to initiate, without waiting for the legislator to pass legislation, proceedings in order to protect individual and collective interests of consumers with CHF loans. This article depicts the development of case law with respect to the protection of collective interests of consumers with CHF loans. It analyses the mutual influences between case law and ad hoc consumer protection legislation (e.g. a conversion of CHF loans into EUR loans). It comments on the opinions of courts related to the criteria for evaluating the unfairness of foreign currency clauses and the provisions on variable interest rates in the context of protecting collective consumer interests. It points to problems, within the context of collective consumer protection, stemming from legislative loopholes in the relationship between collective and individual consumer protection, and legislative loopholes in particular ad hoc measures for protecting consumers via converting CHF loans into EUR loans. The paper should warn of problems arising in subsequent coordination of various measures taken in order to protect the interest of consumers with the development of case law in that area.
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Mirra, Antonio Pedro, and Adriana Pereira de Carvalho. "The importance of legislative measures on tobacco control in Brazil." Revista da Associação Médica Brasileira 63, no. 10 (October 2017): 917–21. http://dx.doi.org/10.1590/1806-9282.63.10.917.
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Summary Introduction: In the tobacco control program, educational, socioeconomic, ecological and legislative actions should be planned. Legislative actions should include the federal, state and municipal spheres, have a primarily preventive purpose and federal reach. Objective: Survey of bills presented in both legislative houses at federal level, House of Representatives and Senate (which together form the National Congress) and the resulting laws. Method: In the period from 1965 to 2015, 254 bills were filed with the House of Representatives and, from 1971 to 2015, 68 others were presented to the Senate. Results: In the House of Representatives, of the 254 bills, 68.9% were archived/rejected/returned, 14.9% did not have a result, 12.2% are currently being processed/analyzed by commissions, 2.0% refer to the inclusion of amendments/law annexes, 1.2% were transformed into legal norm/proposition of origin and 0.8% were transformed into laws. In the Senate, of the 68 bills, 19.1% were filed, 33.8% did not have a result, 4.4% were currently being processed, and 42.7% referred to changes in the law. Anti--tobacco actions were more prevalent in the periods 1979-1984 by the AMB, 1985-2007 by MS/INCA, and in 2008-2015 by the ACT. Conclusion: Tobacco control legislation has progressed constantly, with the provocation of legislators from both Houses triggered by the MS/INCA and civil entities committed to smoking control, such as a number of non-governmental organizations (especially the AMB and the ACT).
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Erknya, Saga. "Anti-Alcohol Measures in Hoboksar." Бюллетень Калмыцкого научного центра Российской академии наук 3, no. 19 (December 28, 2021): 360–71. http://dx.doi.org/10.22162/2587-6503-2021-3-19-360-371.
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Introduction. The paper examines the alcohol prohibition enforcement implemented by the local government and religious leader among Torghuts in Hoboksar-Mongol Autonomous county of Xinjiang (PRC). The work focuses on the introduced measures and their subsequent practical effect on the community. It is noteworthy that contemporary Torghuts of Hoboksar are distinguished by an alcohol taboo which is the research object herein. The spiritual leader Shalvan Gegeen was a prominent Buddhist scholar and teacher of Xinjiang Mongols. The authority of the spiritual leader in conjunction with the local legislative power and Torghut Mongolian ethnic customs have functioned simultaneously for the alcohol prohibition movement. Goals. The article aims to review how the local spiritual leader, legislative power and conventional customs may ignite non-political enforcements, such as alcohol prohibition. Results. It seems possible to stops some pernicious social habits by the spiritual, social and legislative (‘triangle’) joint efforts. But in terms of the study, the spiritual influence seems overwhelming than the others since it provides people with coupled motivation as compared to a one-sided political enforcement. So, the community is currently observing a non-drinking rule during public and festive events, special attention is paid to healthy life propaganda.
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Simon, Mary. "Laser Safety: Practical Measures and Latest Legislative Requirements." Journal of Perioperative Practice 21, no. 9 (September 2011): 299–303. http://dx.doi.org/10.1177/175045891102100901.
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Lidén, Carola. "Legislative and preventive measures related to contact dermatitis." Contact Dermatitis 44, no. 2 (February 2001): 65–69. http://dx.doi.org/10.1034/j.1600-0536.2001.440201.x.
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Weimer, Evgenia V. "On the Forms, Methods and Measures of Tax Control." Juridical Science and Practice 16, no. 1 (2020): 49–54. http://dx.doi.org/10.25205/2542-0410-2020-16-1-49-54.
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In the article, the author explores the legislative concepts of «form», «methods», «measures» of tax control. It is indicated that in the text of the Tax Code of the Russian Federation there is a mixture of these concepts. An own terminological gradation is proposed, according to which, forms of tax control are implemented by separate methods of tax control, and the latter are carried out in certain ways and in a set of measures. The author, analyzing tax legislation, concludes that there are significant legislative gaps, there is no consolidation of certain methods of tax control and methods of their implementation, however they are implemented in practice by tax authorities in relation to taxpayers. In addition, the rules are formulated rather vaguely about which individual tax control measures can be carried out and serve as valid evidence when carrying out certain types of tax audits, as well as outside the framework of audits or during tax monitoring. In conclusion, the author points out that there is a need for a clear reinforcement of new methods, methods and measures of tax control using digital technologies of current online control in accordance with modern tasks of tax administration.
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Mc Murray, I., and L. Jansen Van Rensburg. "Legislative and other measures taken by government to realise the right of children to shelter." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 1 (July 10, 2017): 53. http://dx.doi.org/10.17159/1727-3781/2004/v7i1a2845.
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The Constitution of the Republic of South Africa , 1996 entrenches numerous socioeconomic rights. One of these socio-economic rights is contained in section 26 that grants everyone the right to have access to adequate housing and section 28 that grants every child the additional right to basic shelter among others. This article aims to examine the legislative and other measures taken by the state to realise the right to shelter of children. Firstly, the legislative measures taken specifically for the realisation of children's right to basic shelter as envisaged by section 28(1)(c) will be discussed. Thereafter attention will be drawn to those measures taken to ensure the progressive realisation of section 26. Section 26 provides everyone, including children, the right of access to adequate housing. Therefore, every measure taken to realise section 26 is indirectly applicable to the realisation of section 28(1)(c) and children's right to basic shelter. The conclusion may be drawn that most of the discussed legislative and other measures are aimed at realising everyone's right of access to adequate housing, this includes children. However, most of these measures make little mention of the specific right of children to basic shelter. It is regarded as inclusive in the overall application of the legislation. Once again, it must be stressed that these legislative and other measures, in order to comply with the standard of reasonableness, must regard the interest of children to be paramount. If such legislation does not provide for the interest of children as a vulnerable group, it can be argued that the relevant legislative measure is not constitutionally valid. It is submitted that national government must recognise the importance of the role of local government, and local government should increasingly assume policy-making and implementation powers in their area. This will go a long way to building local capacity to function as effective development facilitators. As far as the resource problem is concerned, corruption in municipalities should be eradicated, while municipal capacity to manage and mobilise resources must be enhanced. The importance of co-operative government cannot be over emphasised. Without an effective integrated plan of action, which includes cooperation between all three spheres of government, as well as the participation of civil society, especially people who are directly affected by the implementation of socio-economic rights, realising the right of children to shelter will only exist on paper.
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Ponyatovskaya, Tatiana G. "WHO EXECUTES COMPULSORY MEASURES OF EDUCATIONAL INFLUENCE?" Oeconomia et Jus, no. 4 (December 23, 2021): 71–76. http://dx.doi.org/10.47026/2499-9636-2021-4-71-76.
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The problem of sentence enforcement against minors in the form of compulsory measures of educational influence is actualized. On the one hand, the gaps in the legislative provision on the procedure for the enforcement of compulsory measures of educational influence confirm the absence of a legal culture, which undermines respect for the law, justice and the authorities. On the other hand, a person subjected to compulsory influence has nowhere to seek protection, since observance of his rights and legitimate interests when applying compulsory measures of educational influence cannot be guaranteed even by the prosecutor's supervision. The domestic legislation defines neither the procedure to exercise compulsory measures, nor the subjects, nor their powers.
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Astariyani, Ni Luh Gede, Bagus Hermanto, Rosino Da Cruz, and Fifiana Wisnaeni. "Preventive and Evaluative Mechanism Analysis on Regulatory and Legislation Reform in Indonesia." LAW REFORM 19, no. 2 (December 5, 2023): 248–69. http://dx.doi.org/10.14710/lr.v19i2.55819.
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The quality of regulatory and legislative measures, both within and outside the hierarchy in Indonesia, can be assessed using certain indicators. These indicators demonstrate a stagnation and a slight shift towards other legal issues. To improve the quality of regulatory and legislative measures, it is necessary to amend preventive and evaluative mechanisms. This condition provides a foundation for further analysis of all problems, with a focus on creating a positive system that prioritizes urgency and required improvements. This paper aims to analyze the preventive and evaluative mechanisms of legislation in Indonesia objectively. This article uses the doctrinal legal method, utilizing legal concepts, statutory laws, legal facts, and legal case approaches. It suggests amending the current mechanism and recommends reforms towards both preventive and evaluative mechanisms to improve regulatory and legislative quality in Indonesia. This study was concerned with formulating grounded principles and concepts, and providing proof of concept for preventive and evaluative mechanisms towards statutory laws, which would ensure the sustainability of Indonesia's legislative and regulatory reform.
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Panao, Rogelio Alicor. "‘Does the upper house have the upper hand?’." Philippine Political Science Journal 40, no. 3 (December 27, 2019): 201–29. http://dx.doi.org/10.1163/2165025x-12340014.
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Abstract How does the Philippine Senate fare as an institutional check to the policy proposals made by the House of Representatives? The study examines a facet of bicameral policymaking by analyzing the type of measures likely to receive attention in the Philippine Senate, and the propensity by which these measures are passed into legislation. Contrary to views that portray deliberative processes in second chambers as redundant and time-consuming, the paper argues that this prerogative is institutionally functional as it affords a mechanism for checking the informational quality of legislative policies skewed by particularistic demands at the lower house. Analyzing the event histories of 10,885 bills filed and deliberated at the Philippine Senate between the 13th and the 16th Congresses, we find that policy proposals pertaining to education, health, and public works – the most frequent areas of particularistic legislative measures at the lower house – are less likely to be passed into law in the Senate even though overall they comprise the bulk of legislative proposals in the Philippine Congress. The findings are robust even when controlling for other political and institutional determinants of legislative attention.
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Wronkowska, Sławomira. "Zagadnienia racjonalnego tworzenia prawa." Studia Prawnicze / The Legal Studies, no. 2 (60) (April 30, 2023): 3–39. http://dx.doi.org/10.37232/sp.1979.2.1.
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The article deals with the problems of rational legislation, and falls into three parts.The first part embraces terminological data and a very brief discussion of certain shortcomings of the legislative process in Poland. In the second one an attempt has been made to formulate a model of rational legislative process. In the third one some postulates as to how law should be made have been put forward.In order to put into shape a model of a legislative process it is necessary to formulate an exhaustive amount of questions (problems), to be resolved by legislators, and to establish in what sequence they should be resolved. The new suggestions as to the legislative process have been inspired by the shortcomings of the present system of jurisdiction and the imperfections of the present legislative practice. Among the directives related to the legislative process those have been distinguished and discussed which either point to the foundations of the postulated bills and amendments, or specify the conditions behind a rational resolution concerned with the effect of the legislation on public life, finally those which pertain to the choise of legal measures, indicate how to optimize the legislative work and formulate the texts of the provisions of the law. Due mention has also been made of the directives which establish an ideological model of legislation in a socialist state, i.e. pertaining to democratizing the legislative process and the rule of law in the legislative activities of the state.
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Zhu, Shaoming. "Chinese Judicial Reform and Legislative Reform: Conflicts and Mutual Promotion." Advances in Social Sciences Research Journal 11, no. 1 (February 10, 2024): 308–17. http://dx.doi.org/10.14738/assrj.111.16322.
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In the Chinese law context, judicial reform has close consequences on legislation. On the one hand, some judicial reform outcomes have become laws. On the other hand, when some of the measures and policies of the judicial reform are not consistent with the Constitution and other laws, they could cause problems in practice. This paper argues that judicial reform should be coherent with legislative reform in order to ensure consistency with the Constitution, maintain uniformity in the application of law, and prevent the legislature from exceeding its authority. The purpose of this paper is to consider the legitimacy and limit of the judicial reform power, and search for a balance between efficiency and legitimacy in judicial reform.
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Shestak, Viktor, Sergei Katsuba, Tatiana Kvasnikova, and Yuri Bokov. "Liability for Violation of Environmental Legislation in the EU." European Energy and Environmental Law Review 30, Issue 1 (March 1, 2021): 9–19. http://dx.doi.org/10.54648/eelr2021002.
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The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures. environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy
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Lewis, David. "Taxation aspects of climate change management measures." APPEA Journal 50, no. 1 (2010): 253. http://dx.doi.org/10.1071/aj09015.
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Climate change is undoubtedly one of the greatest economic, social, and environmental challenges now facing the world. The present Australian Government is committed to acting on climate change and Australia’s progress towards its emissions reduction targets is being closely watched internationally. To contribute effectively to global climate change action, Australia must demonstrate its ability to implement robust and sustainable domestic emissions management legislation. The Carbon Pollution Reduction Scheme (CPRS), modelled after the cap-and-trade system, continues to be debated by our policymakers, as the Government moves to re-introduce its preferred CPRS legislative package for the third time. The advent of climate change legislation is inevitable and its impact will be far-reaching. This paper reviews the fiscal aspects of the proposed CPRS legislation in the context of the oil and gas industry, and whether it is conducive to creating incentives for appropriate climate change response by the industry. In particular, this paper will consider: the direct and indirect tax features specifically covered in the proposed CPRS legislation and their implications; the areas of taxation that remain uncanvassed in the proposed CPRS legislation and aspects requiring clarification from the tax administration; the interaction between Petroleum Resource Rent Tax (PRRT) and the CPRS measures; the flow-on impacts to taxation outcomes resulting from proposed accounting and financial reporting responses to the CPRS legislation; the income tax and PRRT treatment of selected abatement measures; and, elements of a good CPRS tax strategy and compliance action plan.
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Gilani, Syed Raza Shah, Zahid Ullah, and Shehla Zahoor. "Democracy, Economic Development, and the Separation of Powers in the 1973 Constitution Pakistan: A Critical Analysis." Summer 2023 4, no. 3 (September 30, 2023): 150–58. http://dx.doi.org/10.55737/qjssh.401499812.
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This article examines the links between democracy, economic development, and the separation of powers-with a focus on the 1973 Constitution of Pakistan. Under the 1973 Constitution of the Islamic Republic of Pakistan, there is a separation between the judicial, legislative, and executive organs of the state, yet there is evidence that the separation exists more on paper and less in reality. The interference of one institution in another’s functions is not only constitutionally unwarranted but is also against the essence of democracy. The prime minister of Pakistan is allowed by the constitution to exercise all executive powers in the name of the president and to oversee legislation in the country. Due to political party discipline, legislative assembly members cannot delay any legislation proposed by their party leader. It shows there is a close link between the executive and the legislature that seemingly goes against the theory and practice of the strict separation of powers. The judicial history of Pakistan shows the paramountcy of the executive over the judiciary. Nevertheless, the judiciary, through judicial activism, including judicial review and suo moto measures of the Supreme Court, has also affected the distribution of powers between the executive, legislature, and judiciary in Pakistan.
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Jeong, Shin-Kyo. "Study on the legislative measures for stalking in Korea." Indian Journal of Public Health Research & Development 9, no. 9 (2018): 947. http://dx.doi.org/10.5958/0976-5506.2018.01121.x.
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Sakin, M. P. "Preventive measures to reduce suicides among adolescents. Legislative aspect." Право и государство: теория и практика, no. 10 (2020): 101–2. http://dx.doi.org/10.47643/1815-1337_2020_10_101.
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Kang, Hye-Jong. "Review of the Daechaek on Legislative Measures in 1633." Journal of Koreanology 75 (May 31, 2020): 261–88. http://dx.doi.org/10.15299/jk.2020.05.75.261.
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Zhang, Yan, and Min Ma. "Legislative Introspection and Counter-measures of Biosafety in China." Journal of Engineering Studies 12, no. 01 (February 1, 2020): 84–91. http://dx.doi.org/10.3724/sp.j.1224.2020.00084.
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Oniemola, Peter Kayode, and Oyinkan Chukuka Tasie. "Towards concrete legislative measures for sustainable development in Nigeria." Commonwealth Law Bulletin 45, no. 2 (April 3, 2019): 321–44. http://dx.doi.org/10.1080/03050718.2019.1676280.
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Arnold, David W. "Potential legislative inroads into personnel psychology: Appropriate reaction measures." Journal of Business and Psychology 6, no. 2 (1991): 279–82. http://dx.doi.org/10.1007/bf01126714.
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Migliorati, Marta. "Relying on agencies in major European Union legislative measures." West European Politics 43, no. 1 (May 9, 2019): 159–80. http://dx.doi.org/10.1080/01402382.2019.1602336.
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Turabaeva, Ziyoda Yakubovna. "TYPES AND PRACTICE OF APPLICATION OF COERCIVE MEASURES OF EDUCATIONAL INFLUENCE." International Journal of Advance Scientific Research 02, no. 12 (December 1, 2022): 27–33. http://dx.doi.org/10.37547/ijasr-02-12-04.
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This article provides a legislative analysis of extra-punishment coercive measures applied to minors, their application and their legal consequences. Information about the types of coercive measures applied to minors, their importance, role and difference from punishment, as well as information about the work of bodies applying coercive measures.
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Novotný, Lukáš, and Pavlína Pellešová. "Impact of the COVID-19 Crisis on the Regulation to Tourism in the Czech Republic." Central European Public Administration Review 19, no. 1 (May 30, 2021): 199–222. http://dx.doi.org/10.17573/cepar.2021.1.09.
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The article deals with issues concerning the regulation of tourism during the Covid-19 crisis in the Czech Republic. Tourism is among the most affected economic sectors by the current pandemic. During the pandemic, the State compensated the financial losses of tourist guides, but such compensations were – according to the guides themselves – insufficient. The aim of the research was to find out how tourist guides see the Czech crisis legislation with regard to tourism and the legislative measures taken by the Czech Government and Ministry of Regional Development to support tourism. For such purpose, questionnaires were distributed to employees in tourism – guides, particularly. We examined their attitudes to the tourism legislation in the Czech Republic in connection with the pandemic situation as well as public administration.
Next, in-depth interviews were conducted. On the one hand, the research revealed great interest of tourist guides in the legislation and the current situation in the Czech Republic. On the other hand, it showed a negative evaluation of the adopted legislative measures and crisis legislation. On the basis of the research, the most important aid factors were identified: financial aid, greater support from the State and municipalities, exemption of social security and health insurance payments, promotion of tourism and guide services, support in the form of upgrading skills and retraining. The empirical part of the research, which used the Chi-Square Test of Independence, pointed to a dependence between gender and the attitude related to the legislation knowledge, between gender and monitoring of the current situation in European legislation concerning tourism and tourist guides, and between gender and attitudes when evaluating the legislative measures adopted by the Czech Government and Ministry of Regional Development in relation to tourism support. At the end of the study, some recommendations are provided on how to improve the present situation.
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Желдаков, Виктор, and Viktor Zheldakov. "administrative regulation counterfeit products." Advances in Law Studies 7, no. 1 (June 26, 2019): 26–30. http://dx.doi.org/10.29039/article_5d1290f315ecb1.06784248.
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The article discusses the problem of counterfeiting in modern conditions in Russia, estimates the damage and trends in counterfeiting, considers the legislative activity of the state in this area, measures it takes to combat counterfeit, examines recent changes in legislation in this area, examines some precedents associated with countering counterfeiting, the effectiveness of measures introduced to counter counterfeit products is assessed.
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Li, Ruihao. "Research on the Legislative Power of National Autonomous Areas." International Journal of Social Sciences and Public Administration 2, no. 3 (April 17, 2024): 170–76. http://dx.doi.org/10.62051/ijsspa.v2n3.23.
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Legislation on national autonomous areas is a significant component of China's legal system and a key element with unique features of the system of regional national autonomy. The nature of the legislative power in national autonomous regions has the dual nature of power legislation and authorized legislation, and the concept and attributes are relatively complex, and there are problems such as unclear division of authority and confusion in the application of power in the division of authority and operation practice. Comprehensively considering factors such as the goal of establishing the legislative power of autonomy, the adaptation of autonomous regulations and the nationality of national regions, the improvement measures are put forward from the perspectives of the approval power system and the principle of adaptation.
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Onoge, Elohor Stephanie. "Monitoring and Evaluating the Impact (Post-Legislative Scrutiny) of Emergency Regulation in Response to the COVID-19 Pandemic." IALS Student Law Review 8, no. 1 (March 3, 2021): 39–46. http://dx.doi.org/10.14296/islr.v8i1.5269.
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The threat posed by passing emergency laws and policies in response to the coronavirus (COVID-19) pandemic can be said to be a critical precursor of human rights abuses. In response to the COVID-19 pandemic, the Nigerian President issued the COVID-19 REGULATION 2020 exercising his powers under the Federal Quarantine Act, CAP Q2 Laws of the Federation of Nigeria 2004. Based on this, the Nigerian Federal Government has undertaken stringent measures, enforced restrictions and cessation of movement, social and economic activities in Nigeria to curtail the pandemic. Nigeria has employed human control to stop the disease's spread, including travel bans, quarantine orders, social distancing, and lockdowns. The measures applied to curtail the spread of COVID-19 have an undoubted impact on human rights.The Nigerian government implemented these restrictive measures which impinge on human rights and democratic processes with authoritarian provisions. This study analyses the emergency measures implemented by the Nigerian government and human rights' infractions and considers Post-Legislative Scrutiny to mitigate the government's legislative actions as a safeguard for human rights and democracy in Nigeria.To ensure true democracy, Nigerian regulations, laws, and policy response to COVID-19 must align with international human rights commitments. And the temporarily imposed restrictions on rights are reviewed by the Legislature and do not become permanent. Questions to be addressed in this paper are: (1) Is the breadth of powers currently enjoyed by executive bodies, such as Public Health authorities and security forces under scrutiny and review of the Legislature? (2) Are there safeguards put in place by the Legislature, as an oversight to ensure democratic rule and respect for human rights in Nigeria?The paper uses the qualitative research method. It relies on content analysis of COVID-19 regulatory and legislative provisions, academic literature, articles, journals, and newspaper publications.
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Ghinea, Gabriela-Nouella. "Social networks in the cosponsorship legislative behavior: theoretical explorations." Revista Calitatea Vieții 33, no. 1 (2022): 1–15. http://dx.doi.org/10.46841/rcv.2022.01.02.
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Legislation adoption is a complex process which brings together assorted actors, each with its own array of attributes, strategies and motives. Legislators rely on the web created for a diverse array of functions, from information diffusion to coalition building. Given its heterogeneous nature, legislative cosponsorship networks have gradually become a focus point in the study of collaborative activity in political settings. The article looks into the history of how social network analysis has been adopted in the study of cosponsorship patterns, at the most used methodologies, explanatory variables and applications within this subfield. It looks at the multiple studies that are dealing with the variables facilitating voluntary cooperation, how they may vary in performance given different national contexts, and how personal interests and institutional constraints (or incentives) intertwine. The last chapter deals with research developed using lessons learned from studying legislative networks. Keywords: social network analysis; cosponsorship networks; legislative networks; centrality measures; explanatory variables; data gathering. ●●●●● Procesul de adoptare a unei legi este unul complex, care reunește o serie de actori, fiecare cu propria sa gamă de atribute, strategii și motive. Legiuitorii se bazează pe rețeaua din care fac parte pentru o gamă variată de funcții, de la difuzarea informațiilor până la construirea de coaliții. Rețelele de cosponsorizare legislativă au devenit treptat un punct focal în studiul activității de colaborare în medii politice. Acest articol aduce în prim-plan istoria modului în care analiza rețelelor sociale a fost adoptată în studiul modelelor de cosponsorizare, discută cele mai utilizate metodologii, variabile explicative și aplicații din acest subdomeniu. Sunt analizate multiplele studii care se ocupă de variabilele ce facilitează cooperarea voluntară, modul în care acestea pot varia în performanță în funcție de diferite contexte naționale, dar și de modul în care interesele personale și constrângerile instituționale (sau stimulentele) acționează asupra rețeleleor de cosponsorizare legislativă. Ultimul capitol tratează cercetările dezvoltate folosind lecțiile învățate din studierea rețelelor legislative. Cuvinte-cheie: analiza rețelelor sociale; rețele de cosponsorizare; rețele legislative; măsuri de centralitate; variabile explicative; colectare de date.
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Zhmurov, Dmitriy. "Measures of general victimological prevention of cybercrime." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2022, no. 4 (December 27, 2022): 135–42. http://dx.doi.org/10.36511/2078-5356-2022-4-135-142.
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The article is devoted to the analysis of general measures of victimological prevention of cybercrime. The paper proposes a definition of these measures, lists their main features and target parameters. Based on the analysis of scientific literature and legislative sources, the author identifies the following levels of victimological prevention: 1) legal (formation of victimological legislation); 2) academic (activation of victimological research); 3) institutional (administration and organization of victimological prevention processes in the digital environment), the latter, in turn, understands several basic foundations: organizational, informational, didactic, coordination, procedural; 4) technical (introduction of advanced developments aimed at the devictimization of the subjects of the information and technological world); 5) ideological (development of a system of ideas and views in which the relations of people as subjects of virtual life, capable of suffering from offenses, are realized). Each of these levels is a basic functional part of the general victim prevention in the information and telecommunications space.
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Alexander, Ross, Mary Blakefield, Katherine Frank, and Markus Pomper. "State Mandates and General Education: One Campus Responds to Challenges and Opportunities." Journal of General Education 65, no. 1 (January 1, 2016): 36–47. http://dx.doi.org/10.5325/jgeneeduc.65.1.36.
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Abstract This study highlights the efforts of Indiana University East to make substantive changes to its general education program, resulting primarily from state mandates and legislation, on an extremely aggressive timeline. While fraught with challenges, these legislative mandates also presented opportunities for the institution to make necessary and impactful improvements to its general education curriculum, policies, and procedures that may not have occurred without the looming deadlines and requirements of the legislation. Indiana is one of several states that have enacted and implemented similar legislation, causing curricular and procedural change in general education programs throughout the nation. While often difficult to manage, these legislative measures can be viewed as opportunities at institutions, like Indiana University East, that desperately needed general education reform.
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Welch, Jennifer. "The Financial Crisis in the European Union: An Impact Assessment and Response Critique." European Journal of Risk Regulation 2, no. 4 (December 2011): 481–90. http://dx.doi.org/10.1017/s1867299x00001550.
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This article assesses the impact of the global economic crisis on the European Union and analyzes the recently enacted and future legislative response to repair the EU financial sector. It closely discusses and critiques the main initial response legislation, the European Economic Recovery Plan, finding that the central regulation contained short-term measures, yet managed to remain within the EU's long-term goals. The article also closely examines the significant risk regulation considerations highlighted by the economic crisis, notably those considerations contained in the De Larosiere Report and the Basel III Framework, and discusses the importance of implementing financial risk regulations to stabilize and revitalize the EU financial sector. Ultimately, the article concludes that the EU's recently enacted legislative measures are consistent with, but also must continue in tandem with, the longterm policies of the EU, while including new and crucial financial risk regulatory measures.
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Aprianto, Indi. "The Effect Of Levarage, Legislative Measures, Intergovernmental Revenue And Regional Tax Revenue On Regency/City Government Financial In Indonesia." International Journal of Applied Finance and Business Studies 9, no. 3 (December 30, 2021): 91–99. http://dx.doi.org/10.35335/ijafibs.v9i3.3.
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This study aims to determine the effect of leverage, the size of the legislative, intergovernmental revenue and local tax revenues to financial performance of districts/cities in Indonesia. The analysis models is the multiple linear regression analysis. The sample in this study are 45 districts/cities in Indonesia. The type of the data in this research is secondary data. The sampling method is a purposive sampling method. And the data processing using SPSS. The results contained in this research is the size of the legislature and local tax revenue is partially significant effect on the financial performance of districts/cities in Indonesia. And other result is leverage, the size of the legislative, intergovernmental revenue and local tax revenues together has a significant effect on the financial performance of districts/cities in Indonesia.