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Journal articles on the topic 'The national legislation'

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Published: 4 June 2021

Last updated: 15 February 2022

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1

Gordiyenko, T. B. "REFORMING OF NATIONAL LEGISLATION ON FIELD OF STANDARDIZATION." Key title Zbìrnik naukovih pracʹ Odesʹkoï deržavnoï akademìï tehnìčnogo regulûvannâ ta âkostì -, no. 1(8) (2016): 30–35. http://dx.doi.org/10.32684/2412-5288-2016-1-8-30-35.

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2

Velychko, O. M. "DEVELOPMENT AND TRANSFORMATION OF NATIONAL METROLOGY LEGISLATION IN UKRAINE." Key title Zbìrnik naukovih pracʹ Odesʹkoï deržavnoï akademìï tehnìčnogo regulûvannâ ta âkostì -, no. 1(8) (2016): 24–29. http://dx.doi.org/10.32684/2412-5288-2016-1-8-24-29.

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3

Zhang, Jianwei, Xiaoyi Jiang, and Xiaobin Pan. "Regional legislation to address climate change in China: necessity and feasibility." International Journal of Climate Change Strategies and Management 11, no. 4 (August 19, 2019): 536–51. http://dx.doi.org/10.1108/ijccsm-05-2018-0046.

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Purpose Legislation plays an essential role in addressing climate change in China. However, many barriers to formulating national legislation to address climate change have so far prevented its enactment. The bottom-up approach adopted in the international climate regime sets a good example. Accordingly, the purpose of this paper is to discuss the regional legislation to address climate change in China through exploring the following two questions: whether it is necessary to enact climate change legislation at regional level first and whether it is feasible to develop such regional legislation in the absence of national climate change law. Design/methodology/approach This paper analyses the necessity and feasibility of regional legislation to address climate change. Section 2 introduces the current legislative framework on climate change in China. Section 3 investigates whether it is better to push the legislative agenda at regional, rather than national level. Section 4 analyses the feasibility of establishing regional legislative systems. Section 5 explores the key issues in formulating and promoting regional legislation. Findings This paper concludes that it is necessary and feasible to pilot regional legislation before enacting national legislation. Under these circumstances, local governments can take the initiative to begin formulating regional legislation. Originality/value Addressing climate change needs immediate action and effective measures. It is, thus, necessary to reconsider the approach that China should adopt when developing legislation on climate change. This paper contributes to broadening current knowledge of regional climate change legislation in China.

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4

Marković, Savo. "Legislative Prospective of the Arrest of Ships in Montenegro." PROMET - Traffic&Transportation 21, no. 4 (March 2, 2012): 285–89. http://dx.doi.org/10.7307/ptt.v21i4.241.

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In the existing legislative process, the Montenegrin judicature faces a series of questions imposed by the practice of arresting ships. Legislation tries to respond to them by innovating the current regulations, based on the 1977, i.e. 1998 Maritime and Inland Navigation Act (MINA), and by taking into consideration the achievements of foreign, similar jurisprudences and legislations, as well as of international conventions. The proposed solutions in the draft of the Maritime Navigation Act represent a certain change in legislative systematization of the legal institute of temporary measure of ships arrest. KEY WORDS: arrest of ships, national legislation, International Arrest Conventions

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Kashirkina, Anna, and Andrey Morozov. "Theoretical Approaches of the European Commission for Democracy Through Law (the Venice Commission) to the Assessment of Anti-Terrorism Legislation: international Legal Discourse and Implementation Problems." Russian Journal of Criminology 14, no. 3 (June 30, 2020): 411–22. http://dx.doi.org/10.17150/2500-4255.2020.14(3).411-422.

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The topic of the article is highly relevant due to the importance of basing the legislative regulation of counter-terrorism activities on international treaties in this sphere. Besides, the legislative regulation of counteracting terrorism should be developed in accordance with the current international law acts and should take into account international obligations that they entail. The authors believe that the improvement of counter-terrorism legislation is facilitated by the work of the European Commission for Democracy through Law (the Venice Commission), which conducts an expert evaluation of the national legislations of member states. The goal of this research is to analyze the current international law regulation in the sphere of counteracting terrorism and in identifying the specifics of its application by the Venice Commission in its assessment of national counter-terrorism legislations. The authors examine some issues connected with the work of the Venice Commission on preparing conclusions and recommendations that contain its assessment of the counter-terrorism legislation of a number of countries (the Republic of Moldova, the French Republic). They note the specifics of the work of the Venice Commission as a special auxiliary body of the Council of Europe that analyzes and assesses the legislative acts of member states based on the poly-functional guidelines of the Council of Europe. While assessing national legislations, the Venice Commission uses international law acts that contain, among other things, universally recognized principles and norms of international law, so the authors of the article show the significance of the international law regulation of counteracting terrorism through international treaties both between different countries and under the aegis of international organizations and integration unions; they also identify the problems connected with their implementation in national legislations. Based on the conducted research, the authors come to the following conclusions: the legislative regulation of counteracting terrorism should be amended with strict observance of the universally recognized principles and norms of international law incorporated, among other things, in international treaties; it is necessary to develop the international law regulation in the sphere of counteracting terrorism while taking into account new challenges and threats brought about by globalization and use the potential of international law instruments; international bodies play an important part in improving national counter-terrorism legislations, specifically, the Venice Commission, which, through its expert work, contributes to the development of legislation based on international legal acts.

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6

Baker, Beth. "Washington Watch: National Parks Legislation." BioScience 47, no. 2 (February 1997): 76. http://dx.doi.org/10.2307/1313017.

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Roma, Alfredo. "National Space Legislation in Europe." Space Policy 28, no. 2 (May 2012): 130–31. http://dx.doi.org/10.1016/j.spacepol.2012.02.001.

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8

Genovese, Ann. "national legislation and transnational feminism." Feminist Review 98, S1 (August 10, 2011): e99-e115. http://dx.doi.org/10.1057/fr.2011.23.

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9

KARYEV, I., and V. FURASHEV. "Cyberstalking: reflection in national legislation." INFORMATION AND LAW, no. 1(36) (March 11, 2021): 29–34. http://dx.doi.org/10.37750/2616-6798.2021.1(36).238176.

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The article is devoted to cyberstalking – a type of specific cybercrime in which psychological pressure on the victim occurs with the help of IT-technologies, and its reflection in national legislation.

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10

Verbovskyi, I., and I. Novitska. "DEVELOPMENT OF NATIONAL LEGISLATION IN HIGHER EDUCATION ESTABLISHMENT MANAGEMENT." Zhytomyr Ivan Franko state university journal. Рedagogical sciences, no. 1 (104) (June 1, 2021): 15–27. http://dx.doi.org/10.35433/pedagogy.1(104).2021.15-27.

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The article studies the main stages of development of national legislation regulating the management of a higher education establishment. It conducts the analysis of the works of modern scientists having dealt with the issues of regulating the activities of a higher education establishment in various aspects, issues of management information defining and systematizing, problems of legal regulation in the higher education establishment management and certain aspects of its statutory and regulatory support by international and foreign legislation, theoretical and practical aspects of administrative and legal regulation in Ukrainian education in the context of European integration. The paper analyzes and highlights three main periods of national legislation development on the higher education establishment management. The first stage of development of legislation on the higher education establishments management (XIX – 1920) is associated with the adoption of the Provisional rules about the higher education establishments management of the Ministry of public education of August 27, 1905 and legislative acts regulating the higher education establishments management. The second stage of development of legislation on higher education (1920-1990) is associated with the fact that during the existence of the USSR, the management of higher education had its own peculiarities, as far as the political system of Soviet government and the state apparatus differed from the modern state democratic structure, and on its territory there were state bodies that existed only under the communist regime. Higher education management was carried out centrally by legislative acts of both the republican and all-union levels, in the complete absence of autonomy of higher education establishments. Third stage of development of the national legislation on higher education management is characterized by the reform of the higher education system on the basis of adopted legislative and bylaws, especially, Ukraine’s Higher Education Act of 2014, the creation of conditions for the autonomy of the higher education establishment management, the introduction of bodies and institutions for monitoring the higher education quality standards and recommendations of the European Union.

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11

Tsiamis, Nikolaos, Loukia Efthymiou, and Konstantinos P. Tsagarakis. "A Comparative Analysis of the Legislation Evolution for Drone Use in OECD Countries." Drones 3, no. 4 (October 1, 2019): 75. http://dx.doi.org/10.3390/drones3040075.

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Drones have been employed for multiple uses, such as for military, surveillance, recreational, scientific, and research purposes. Their presence inside civil areas has necessitated the need to regulate their use. Towards this direction, many countries worldwide have issued national legislations, which vary on vehicle categorization according to the size, weight, flight altitude, purpose of use, and restrictions. In this study, we pursued the first comparative analysis of the Organization for Economic Co-operation and Development (OECD) countries’ national legislations, in order to explore the similarities and differences in drone use and recommend improvements and homogenization. Some of the examined countries issued legislation during recent years of drone application, while others amended their existing legislative framework in order to catch up with drone technology evolution. Although from the 35 OECD countries 22 belong to the European Union, we observed much diversity among national legal frameworks. The intensive use of drones has led to severe ethical dilemmas that policy makers will need to address in the near future. We conclude with a proposal regarding the basic legislation for different uses according to the criteria that have been developed so far, followed by limitations and restrictions.

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12

Tishchenko, Ekaterina V. "The Effect of National-Legal Culture on the Development of Tax Instruments in the National Legislation." International Journal of Psychosocial Rehabilitation 24, no. 3 (March 30, 2020): 3500–3515. http://dx.doi.org/10.37200/ijpr/v24i3/pr2020366.

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13

F. Recher, Harry. "National Biodiversity Council." Pacific Conservation Biology 4, no. 1 (1998): 3. http://dx.doi.org/10.1071/pc980003.

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The NBC continues to increase its level of activity. Since the last report in Pacific Conservation Biology, among other actions, the Council has commented on the Commonwealth Governments "Native Title" legislation the "10 Point Plan" and made submissions on the proposed changes to Commonwealth Environment Legislation. Pierre Horwitz made a submission on behalf of the Council concerning the Western Australian Regional Forest Agreement process. Each submission received a high level of media attention with national coverage on the ABC for the Council's views on native title and on proposed new biodiversity legislation.

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14

Nováková, Iveta. "Role of EU and National Legislation in Shaping Communication in Police Detention Centres." Internal Security 12, no. 2 (December 30, 2020): 26–27. http://dx.doi.org/10.5604/01.3001.0014.6689.

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The study is devoted to a discussion on selected issues relating to the EU and national legislation which determine the process of the mainstream communication with third-country nationals in the Police Detention Centres. The study is a part of the ongoing research project of the Department of Foreign Languages of the Academy of the Police Force in Bratislava and the Bureau of the Border and Foreign Police of the Presidium of the Police Force, Slovakia titled Intercultural Communication with third-country nationals in the Police Detention Centres. The research attempts to find the answer to the following question: What means of intercultural communication (verbal and non-verbal) do police officers use with third-country nationals for mutual understanding, avoiding conflicts and correct adherence to human rights? Following the findings of the intermediate legislative and applied research, the author points out the main reasons which lead to certain difficulties in performing understandable communication in the Police Detention Centres such as loopholes in the EU legislation, non-conformity of the EU and national legislation in using the state (national) vs foreign language in official service communication with third-country nationals whose stay is unauthorised in the territory of the Slovak Republic, and in the EU and the Schengen Area, and their residence or entry into the Schengen Area is detected as irregular and subsequently clarified, with respective accountability.

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15

Holodkov, Vladimir. "The attitude of national legislation towards." Glasnik Advokatske komore Vojvodine 76, no. 9 (2004): 381–85. http://dx.doi.org/10.5937/gakv0410381h.

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16

Petkov, Serhii, Yevhen Sobol, and Oleksandr Mykhailov. "Directions of improvement of national legislation." Aktual’ni problemi pravoznavstva 1, no. 4 (2019): 116–20. http://dx.doi.org/10.35774/app2019.04.116.

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17

Burylo, Yurii. "Current development of national feed legislation." Entrepreneurship, Economy and Law 11 (2019): 207–11. http://dx.doi.org/10.32849/2663-5313/2019.11.36.

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18

Dempsey, Paul Stephen. "National Legislation Governing Commercial Space Activities." Journal of Space Safety Engineering 1, no. 2 (December 2014): 44–60. http://dx.doi.org/10.1016/s2468-8967(16)30082-9.

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19

Barnett, Harvey. "Legislation‐based national security services: Australia." Intelligence and National Security 9, no. 2 (April 1994): 287–300. http://dx.doi.org/10.1080/02684529408432250.

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20

Singh, Kishore. "Education for All and National Legislation." International Journal of Educational Reform 18, no. 1 (January 2009): 2–26. http://dx.doi.org/10.1177/105678790901800101.

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21

VAN DEN BRINK, Ton. "The Impact of EU Legislation on National Legal Systems: Towards a New Approach to EU – Member State Relations." Cambridge Yearbook of European Legal Studies 19 (August 7, 2017): 211–35. http://dx.doi.org/10.1017/cel.2017.2.

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AbstractHow does EU legislation impact the Member States? Arguably, no other issue is more closely connected to national sovereignty. However, existing research has thus far failed to deliver a univocal answer to this question. Instead, quantitative research – from political scientists and public administration scholars – has resulted in very diverging conclusions. By contrast, the legal perspective on the relationship between the EU and its Member States has been dominated by a focus on the principles of conferral and subsidiarity, as well as on the delineation and use of EU powers. Such an approach makes it equally difficult to identify the actual and concrete impact of EU legislation. Yet, it is contended in this contribution that a legal perspective, focusing on the actual content of EU legislation, is needed to come to a better understanding of the EU’s legislative impact on the Member States.The scope of application and the added value of EU legislation as well as national discretion therein are three key elements for determining the impact of EU legislation. The scope of application concerns the situations covered by EU legislation; added value regards the question of how EU legislation relates to other (pre-existing, overarching and adjacent) EU law. Policy choices and other room for manoeuvre for the Member States included in EU legislation makes for national discretion. Examples may be open norms or non-defined terms and concepts and the possibility to apply exceptions at the national level to general rules of EU legislation. Three areas of EU law are compared, each with a focus on a particular legislative act: migration law (the Family Reunification Directive); freedom to provide services (the Services Directive) and criminal law (the Framework decision on the European Arrest Warrant).

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22

Kartskhiya, Alexander. "New Elements of National Security: National and International Aspects." Voprosy kiberbezopasnosti, no. 6(40) (2020): 72–82. http://dx.doi.org/10.21681/2311-3456-2020-06-72-82.

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The purpose of the study is to study the legal aspects of the structural development of national security to identify trends and factors that influence the formation of national interests of an individual state and international relations, as well as to study the national security system from a legal standpoint. The method of research: a comparatively legal comparison and analysis of current national Russian and foreign legislation and development strategies, international treaties and agreements on national security issues and their application. Result: The study revealed objective prerequisites for the formation of new independent elements of the Russian Federation’s national security system, including biosecurity, cybersecurity, cryptosecurity and investment security. These new elements form their own subjects and ways of ensuring national interests and national security in these areas, have their own legislative framework and legal regulation, which clearly determines the need to allocate them into independent structural elements of national security for further legislative regulation and practical implementation in terms of protecting national interests.

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23

Желдыбина, Татьяна, and Tatiana Zheldybina. "Trends in the development of Russian legislation in the light of comparative law." Comparative Research In Law and Politics 2, no. 1 (June 15, 2014): 15–19. http://dx.doi.org/10.12737/5059.

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The article studies the main trends in the Russian legislation in line with the development of one of the most important areas of research is Comparative Law. The factors contribute to the interaction of national and international law. Particular emphasis is placed on the increasing influence of international law and legislation on national law and legislation. The tendency of the approximation of laws is the Commonwealth of Independent States, as well as the need to develop a model and framework legislation. The author notes the important role of comparative jurisprudence, the importance of which increases sharply in the present conditions as a kind of course, with which is possible to solve legislative problems and acting as an important means of harmonization of legislation in modern Russia. Found that the need to harmonize national and supranational legislation under interstate associations in accordance with international norms and standards is an admitted fact. The article concludes that the significant influence of comparative law to build a modern system of legislation of the Russian Federation. Development of domestic and international law and legislation reflects the direction of convergence of legal regulation that is leading the trend of development of Russian legislation in the light of comparative law.

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24

Aburabia, Rawia. "FAMILY, NATION BUILDING, AND CITIZENSHIP: THE LEGAL REPRESENTATION OF MUSLIM WOMEN IN THE BAN AGAINST THE BIGAMY CLAUSE OF 1951." Journal of Law and Religion 34, no. 3 (December 2019): 310–31. http://dx.doi.org/10.1017/jlr.2019.43.

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AbstractThis article focuses on the representations and perceptions of Muslim Palestinian women as encapsulated by early Israeli legislation. The analysis is based on a close reading of the negotiations and discussions leading up to the criminalization of bigamy by the Israeli state and, in particular, those principal discussions surrounding the legislation of the Women's Equal Rights Law of 1951. Primary materials from the Israeli State Archives are used to reconstruct the debates in the Knesset, assess the legislation's intended effects on the Muslim Palestinian family, and trace the opposition to it fielded by the Palestinian religious leadership. The legislative process is dissected to expose the implicit and explicit patriarchal and nationalized underpinnings of the image of the “ideal family” fashioned by Israeli legislators. Despite their national divide, I argue, both the Israeli Knesset and the Muslim community leadership articulated women's roles in similarly distinctive national-patriarchal hues.

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25

Zulu, Paul, Mpho Ngoepe, and Nampombe Saurombe. "The importance of legislation in the provision of national and public library services in Zambia." Journal of Librarianship and Information Science 49, no. 2 (February 25, 2016): 152–64. http://dx.doi.org/10.1177/0961000616632865.

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Legislation plays an important role in the provision of national and public library services. In Zambia, however, libraries that perform the functions of national and public libraries are operating without a legislative mandate. As a result, there is fragmentation of library services as there is no single institution which performs all the functions of a national library service. Although several efforts have been made in the past to enact national library service legislation, no Act of Parliament has been passed to date (2015). This study provides empirical evidence depicting the benefits of having legislation in the provision of national and public library services. The study identifies institutions that perform functions of national and public library services in Zambia. Quantitative data were collected through questionnaires administered to public library staff and interviews with senior government officials and executive members of the Zambia Library Association and Zambia Library Consortium. The study recommends that appropriate legislation that puts together the functions of public and national libraries under one institution be enacted in Zambia as soon as possible. Failure to transform this pattern will jeopardise the preservation of the country’s cultural heritage.

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Codling, Karen, Christiane Rudert, France Bégin, and Juan Pablo Peña-Rosas. "The legislative framework for salt iodization in Asia and the Pacific and its impact on programme implementation." Public Health Nutrition 20, no. 16 (September 7, 2017): 3008–18. http://dx.doi.org/10.1017/s1368980017001689.

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AbstractObjectiveFortification of food-grade (edible) salt with iodine is recommended as a safe, cost-effective and sustainable strategy for the prevention of iodine-deficiency disorders. The present paper examines the legislative framework for salt iodization in Asian countries.DesignWe reviewed salt iodization legislation in thirty-six countries in Asia and the Pacific. We obtained copies of existing and draft legislation for salt iodization from UNICEF country offices and the WHO’s Global Database of Implementation of Nutrition Actions. We compiled legislation details by country and report on commonalities and gaps using a standardized form. The association between type of legislation and availability of iodized salt in households was assessed.ResultsWe identified twenty-one countries with existing salt iodization legislation, of which eighteen were mandatory. A further nine countries have draft legislation. The majority of countries with draft and existing legislation used a mandatory standard or technical regulation for iodized salt under their Food Act/Law. The remainder have developed a ‘stand-alone’ Law/Act. Available national surveys indicate that the proportion of households consuming adequately iodized salt was lowest in countries with no, draft or voluntary legislation, and highest in those where the legislation was based on mandatory regulations under Food Acts/Laws.ConclusionsLegislation for salt iodization, particularly mandatory legislation under the national food law, facilitates universal salt iodization. However, additional important factors for implementation of salt iodization and maintenance of achievements include the salt industry’s structure and capacity to adequately fortify, and official commitment and capacity to enforce national legislation.

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Bukarica, Miodrag. "Application of the Legislation Concerning the Place of Commission of the Offense and Nationality of Legal Entity / Primjena zakonodavstva u vezi sa mjestom izvršenja krivičnog djela i državljanstvom pravnog lica." Годишњак факултета правних наука - АПЕИРОН 5, no. 5 (July 28, 2015): 275. http://dx.doi.org/10.7251/gfp1505275b.

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Legislations in Bosnia and Herzegovina have regulated the issues of application of the national legislation to the legal persons in accordance with the international standards and solutions that are usually applied in comparative legislation. If a national or foreign legal person committed an offence on the Bosnia and Herzegovina territory, the perpetrator shall be subject to the national legislation (territorial principle). Legislations in Bosnia and Herzegovina are applied to the foreign legal person which pursues its registered activities in Bosnia and Herzegovina or has a registered organizational unit in BiH. In other cases, national law is applied to the legal person solely to the extent necessary for the purpose of preventing it from avoidance of responsibility for the offence committed on the territory of another state.In resolving the issue whether the requirements for application of the national law to the national or foreign legal person are satisfied, it is necessary to follow the order of checking the fulfillment of the legally prescribed requirements. At the beginning, it is necessary to establish the place of commission of the offence (where one or more acts were committed and other constitutive elements of the particular offence exist), which value was affected by the offence and who is the victim, as well as, establish the nationality of the legal person who is the offender.

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28

Atagimova, Elmira I. "Socially Induced Demands for Reformation of National Laws in Combating Family and Domestic Violence." Legal education and science 11 (November 19, 2020): 35–42. http://dx.doi.org/10.18572/1813-1190-2020-11-35-42.

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Purpose. Analysis of domestic legislation and research results on countering domestic violence; development of proposals for improving criminal law norms on responsibility for domestic violence. Methodology: in the course of the research, General scientific, system-legal and comparative-legal methods, the synthesis method were used, which ensures the validity of the obtained conclusions. Conclusions. Based on the analysis of domestic legislation and the results of research on countering domestic violence, the author identifies gaps in the regulatory regulation of preventive activities of law enforcement agencies, and determines the feasibility of improving legal regulation on countering violence in the family and household sphere. The article substantiates the need to adopt a special law aimed at preventing intra-family violence. Specific proposals for amendments to the criminal legislation of the Russian Federation are presented. Scientific and practical significance. The provisions formulated in this study can be used in the legislative process for further improvement of domestic legislation.

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Samtani, Kanchan. "National Space Legislation-Need of the Hour." Research Journal of Humanities and Social Sciences 10, no. 2 (2019): 391. http://dx.doi.org/10.5958/2321-5828.2019.00066.4.

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30

Harmon, Shawn H. E., and Noni E. MacDonald. "National immunization programme development and vaccine legislation." Vaccine 37, no. 52 (December 2019): 7527–29. http://dx.doi.org/10.1016/j.vaccine.2019.09.102.

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31

Pell, J. P., and S. Haw. "The triumph of national smoke-free legislation." Heart 95, no. 17 (June 7, 2009): 1377–79. http://dx.doi.org/10.1136/hrt.2009.176230.

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32

Singh, Niketa. "National Refugee Legislation: Why India Needs One." International Journal of the Humanities: Annual Review 7, no. 2 (2009): 131–44. http://dx.doi.org/10.18848/1447-9508/cgp/v07i02/42632.

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33

Chubinidze, Oleksandra. "Universal Jurisdiction in National Legislation: Comparative Aspect." NaUKMA Research Papers. Law 4 (December 3, 2019): 96–105. http://dx.doi.org/10.18523/2617-2607.2019.4.96-105.

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34

Benjamin, Antonio Herman. "Payment for Ecosystem Services." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 2 (May 3, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2013/v16i2a2341.

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This address focuses on the legislative design for payment or ecosystem services (PES) since most countries do not have specific legislation that addresses the subject. Brazil is in the process of drafting national legislation on ecosystem services and there are several important issues that can be learnt from this experience.

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35

Yamkovyi, Vladyslav, and Oleh Stets. "PROBLEMS OF ADAPTATION OF UKRAINIAN LEGISLATION TO EU LEGISLATION." Scientific Journal of Polonia University 27, no. 2 (April 6, 2018): 37–43. http://dx.doi.org/10.23856/2704.

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The article is concerned with the problems of adaptation of Ukrainian legislation to the legislation of the EU member states as well as the modern problems on the way of harmonization of the national legislation in order to bring it in line with European legal norms and standards

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36

Kalienichenko, L. I., and D. V. Slynko. "RELATIONSHIP OF NATIONAL AND INTERNATIONAL LAW RELATING TO ADAPTATION OF THE NATIONAL SYSTEM OF LEGISLATION TO EUROPEAN LEGISLATION." Juridical scientific and electronic journal 6 (2019): 24–27. http://dx.doi.org/10.32782/2524-0374/2019-6/3.

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37

Hebl, Michelle, Laura Barron, Cody Brent Cox, and Abigail R. Corrington. "The efficacy of sexual orientation anti-discrimination legislation." Equality, Diversity and Inclusion: An International Journal 35, no. 7/8 (September 19, 2016): 449–66. http://dx.doi.org/10.1108/edi-07-2016-0060.

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Purpose The purpose of this paper is to summarize the limited body of research that focuses on the efficacy of sexual orientation anti-discrimination legislation in reducing discrimination. Design/methodology/approach Reviews past research that documents overt and subtle forms of workplace discrimination against gay, lesbian, and bisexual individuals and describes how legislation plays an important role in changing social norms and underlying attitudes. Findings Empirically demonstrates that legislation effectively can reduce discrimination. Originality/value Informs legislative debate and promotes the expansion and adoption of national, state, and local legislation on sexual orientation anti-discrimination legislation.

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ISMAILOVA, Bakytgul, Aigul KURMANOVA, Tatyana ALIMPIYEVA, Kairat BALABIYEV, Alua ALTYNBEKKYZY, and Aidar ALTYNBEKULY. "The Viewpoint on Legislation and Guidelines on e-Business and e-Commerce: Kazakhstan’s Approac." Journal of Advanced Research in Law and Economics 9, no. 3 (June 15, 2020): 856. http://dx.doi.org/10.14505/jarle.v11.3(49).19.

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According to Global Information Technology Report, Kazakhstan ranks 39th among countries actively introducing information technologies into electronic business and electronic commerce. The legislative development for e-business and e-commerce in Kazakhstan has begun since 1999, a number of legislative regulations and guidelines have been developed by national parliament of Kazakhstan. The purpose of this article is to present and analyze viewpoint on current national legislation and guidelines on e-business and e-commerce in post-soviet Kazakhstan. This article uses comparative method of legal rules governing e-business and e-commerce issues between Kazakhstan and international countries. Furthermore, it applies a system method, where e-business and e-commerce was considered as a co-economic-legal phenomenon in the mutually agreed existence of its main components such as e-document circulation and e-economy. The article concludes that there is no clearly nationally formulated concept of legal regulation of e-business and e-commerce, there is no clear terminology base and uniform usage of terms, a clear idea of how and what should be regulated. The article highlights that Kazakhstan needs to apply integrated approach with further revision of national legislation and guidelines considering experiences of developed countries and standards of the United Nations convention on the use of electronic communications in international contracts. This review article explores a problematic area of national legislation and guidelines on e-business and e-commerce in transitional Kazakhstan which display interests to e-business and e-commerce and at the same time, country experiences the difficult economic situation, caused by decreasing oil prices, higher inflation and significant devaluation of the national currency.

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Dodeen, Mahmoud M. "Climate Justice in the Palestinian Legal System: Analysis and Proposals for Reform." Asian Social Science 13, no. 11 (October 30, 2017): 83. http://dx.doi.org/10.5539/ass.v13n11p83.

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This article examines the legal treatment of climate change matters in the Palestinian legislation. To assess the adequacy of current legislation, the article starts by looking at the amended Basic Law of 2003, as a temporary constitution. It then looks at laws relevant to various environmental elements and energy, and finally explores options for reform. It is found that several legal aspects of environment justice are already addressed by national legislation. Nonetheless, key legal and regulatory provisions on climate change concerns, in particular mitigation and adaptation, are still need to be developed. The article recommends appropriate legislative instruments to fill gaps in the overall existing legal framework, including the creation of a well-architected institutional framework, with clear jurisdiction and responsibilities, among competent authorities; to enhance national and sectoral strategies and plans for mitigation and adaptation to climate change. A national highly-transparent Environment and Climate Change Fund has also been suggested; to sustain the national ability in financing environmental and climate change activities.

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Glushkov, A. I., and A. B. Gadzhiev. "The problems of the criminal law qualification of murders committed based on national hatred." E-Journal of Dubna State University. A series "Science of man and society -, no. 1 (February 2020): 13–18. http://dx.doi.org/10.37005/2687-0231-2020-0-2-13-18.

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The article is devoted to the analysis of the legal basis of criminal responsibility for committing murders motivated by national hatred, regulated by the norms of the criminal legislation of the Russian Federation. Legal literature, legislative acts, as well as judicial and investigative practice on this issue are analyzed. On the basis of the research, the author identifies the features of the criminal-legal qualification of murders of this category, the problems faced by law enforcement officers in this regard, as well as substantiated proposals to improve the criminal legislation and practice of its application.

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McCrystal, Shae, and Belinda Smith. "Industrial Legislation in 2010." Journal of Industrial Relations 53, no. 3 (June 2011): 288–302. http://dx.doi.org/10.1177/0022185611402004.

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Two themes in legislative activity in 2010 were national uniformity and some movement in using law to promote equality, especially gender equality. The Fair Work Act 2009 (Cth) came into full effect with the commencement of the new safety net provisions and the referral to the Commonwealth of industrial relations powers over private-sector workforces in all states except Western Australia. Progress continued on the promised harmonization of Australian occupational health and safety laws with the release of a model Work Health and Safety Bill by Safe Work Australia, although developments in some states threaten to derail the process. An attempt to repeal most of the industry-specific regulation of the building and construction industry failed. The Federal Parliament passed legislation establishing a national paid parental leave scheme, and a number of changes to federal discrimination laws came into effect or were proposed, including the potential consolidation of federal discrimination legislation. This article provides an overview of these developments at federal level and concludes with a discussion of developments in the states including a brief overview of Victoria’s new equal opportunity legislation.

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Charlier, Roger H. "Environmental impact legislation assessments and audits: national legislation and EIA implementation in Belgium." International Journal of Environmental Studies 51, no. 1 (October 1996): 1–19. http://dx.doi.org/10.1080/00207239608711067.

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Kume, A. "Analysis of the Albanian national legislation in the light of the international legal framework relevant to the conservation and use of animal genetic resources." Biotehnologija u stocarstvu 28, no. 4 (2012): 879–91. http://dx.doi.org/10.2298/bah1204879k.

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The Albanian legislation on conservation, management and sustainable economic use of Farm Animal genetic Resources is an intensive developing process. It aims to the FAnGR development in accordance with the requirements and obligation arising from the accession to various international convention (CDB, WTO etc...), and to align it with other legislations of EU member states. The legislative development is part of the work that Albania is implementing in the context of the Global Plan of Action for the Conservation of Animal Genetic Resources (FAO). Albanian current legislation treats only generally the entirety of the requests that should be fulfilled in order to enable the conservation and administration of the biological diversity of farm animals. It is necessary to develop it in order to solve the entirety of the problems regarding the need and necessity of the administration of this national asset, to meet, in an optimal way, the food security of current and future generations.

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Robertson, Colin. "Multilingual Legislation in the European Union. EU and National Legislative-Language Styles and Terminology." Research in Language 9, no. 1 (June 30, 2011): 51–67. http://dx.doi.org/10.2478/v10015-011-0011-3.

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EU law is multilingual and multi-cultural. It is initially drafted in one language, now frequently English, often by non-native speakers and then translated into the other EU languages. Amendments may be proposed that are drafted in a different language. The result is a single multilingual text created in 23 language versions that are authentic within the context of the EU legal order. These circumstances have led EU legal language to develop its own terminology and legislative style as a separate genre. One question is to identify different national cultural drafting styles and traditions that lie behind the creation of EU legislative texts and terminology. The Member State traditions vary, yet they merge in the EU legislative texts. In order to assist in the understanding of EU legislative texts, it is useful to reflect on how they are constructed and the features and requirements lying behind their creation, interpretation and transposition. One approach is to consider a specific piece of EU text in a range of languages and consider how the text is reproduced in each language in terms of structure and terminology. Since the original draft is frequently made by non-native speakers and then translated into the other EU languages, which are bound by the structure of the base version, we obtain little information from it about divergent national linguistic and legislative methods. However, if the EU text is a directive which is transposed into national law, we should be able also to look at the national implementing legislation intended to implement the directive. The implementing texts are produced within the national legal context and, one assumes, aim at similar results, as laid down by the directive. Thus it could be expected that they should provide vehicles for study between the national systems and between each national system and the EU legal order. The paper explores these ideas to see where they lead.

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Doomen, Jasper. "Realism in International Legislation." Volume 4 Issue 1 (2012) 4, no. 1 (January 1, 2012): 2–16. http://dx.doi.org/10.33178/ijpp.4.1.3.

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The status of ‘international law’ is examined critically. In the first section, the basis of (national) legislation is described. This consists of an inquiry into a credible meaning of ‘natural law’. It is focused on the question whether universal principles exist and, if so, of what kind. Section 2 deals with the issue of enforcement. National legislation invariably realizes this, but this is not obvious at the international level. Section 3 deals with human rights. It is discussed whether their presence points to the existence of ‘international law’. To this end, a possible reason for these rights to have developed is expounded.

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Sadowski, Józef. "The critical infrastructure protection. Legislation." AUTOBUSY – Technika, Eksploatacja, Systemy Transportowe 19, no. 6 (June 30, 2018): 1242–48. http://dx.doi.org/10.24136/atest.2018.260.

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The content outline: in accordance with law, the Polish critical infrastructure constitutes 11 sectors, vital for national security and public safety persistence. Two of the sectors (energy sector and transportation systems sector), are elements of the European Critical Infrastructure, and due to Poland’s EU and NATO membership, are subject to particular protection. The paper describes general principles of Polish critical infrastructure safety law acts and critical infrastructure sectors. Later in this paper, 4 alert states (THREATCON), and their impact on the critical infrastructure safety and protection were presented. The purpose and the program content of the National Critical Infrastructure Protection Programme and the National Infrastructure Protection Plan were described.

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Ryan, Michael. "Irish archaeological legislation." Antiquity 62, no. 235 (June 1988): 284–85. http://dx.doi.org/10.1017/s0003598x00074032.

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Apparent deficiencies in Irish legislation for the protection of archaeology have been much commented on (e.g. ANTIQUITY 62: 4–5); here, the Keeper of Irish Antiquities at the National Museum points also to some of its strengths – for example, in protecting artefacts and non-artefactual material as well as sites and monuments – and explains the vigorous measures now taken to bring the law and the penalties up to date.

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Rzabay, Aktoty, Lazzat Yerkinbayeva, Kuat Baimyrzayev, Aigerim Ozenbayeva, Alina Borodina, and Maryia Zhomartkyzy. "Implementation of International Norms in National Environmental Legislation." Environmental Policy and Law 49, no. 6 (April 7, 2020): 389–94. http://dx.doi.org/10.3233/epl-190192.

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Kudriavtseva, V. "Investment legislation of Ukraine and national investment security." Law and innovative society, no. 2 (13) (December 26, 2019): 13–19. http://dx.doi.org/10.37772/2309-9275-2019-2(13)-2.

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Problem setting. This article deals with the problems of forming the legislative mechanism of creation and state support of the legal investment order, which should ensure the functioning of the investment market in the mode of observance of the principle of freedom of investment activity and at the same time real providing the national economy with investments in the necessary quantitative and qualitative parameters for the expanded reproduction of competitive socially-based production, without the use of excessive enforcement mechanisms labor, intellectual, financial and natural resources of the country and ensure the state of investment security. Analysis of scientific research. It is significant that public procurement has been the subject of scientific research by experts in commercial law: D.V. Zadikhaylo, V.K. Mamutov, O.P. Podserkovniy, V.A. Ustimenko, V.S. Shcherbinа, etc. The purpose of this scientific article is to identify the key problems of the formation of the legislative mechanism for the creation and state support of the legal investment order, which should ensure the functioning of the investment market and ensure the state of investment security. Article’s main body. The concept of national investment security, which is part of the national economic security of the country as a whole, is to systematically prevent the threat of a critical shortage of investment resources through the creation and state support of an appropriate legal investment order. The lack of a clear and systematic definition in the legislation of Ukraine of the legal mechanism of state regulation of economic relations, including investment, is a disadvantage, which frankly reduces the state’s ability to effectively influence economic processes and, consequently, its ability to fulfill its functional responsibilities in the sphere of economy. The investment component is a special subsystem of economic security that creates prerequisites for the best use of socio-economic relations in the development and scientific and technical restoration of productive forces of society through active investment activity. In studying the structure of the investment component we propose to take into account: inclusion of the investment component in the system of economic security of Ukraine; differentiation of the investment component by different levels of economy (country, region, industry, enterprise); the property of synergism, that is, the investment component of the economic security of the country is not a mere set of investment components of the economic security of regions and enterprises; formation of an investment component under the influence of many objective factors; the occurrence of various risks as a result of appropriate conditions. Conclusions and prospects for development. That’s why there is a need to develop and substantiate a system of initial concepts related to the economic and legal support of the implementation of the investment policy of the state: the investment market, the investment policy of the state, the legal investment policy of the state, the legislative investment policy of the state, the mechanism of formation of the legal investment policy, investment order and national investment security, etc.

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Wagner, J., and A. Benecke. "National Legislation within the Framework of the GDPR." European Data Protection Law Review 2, no. 3 (2016): 353–61. http://dx.doi.org/10.21552/edpl/2016/3/10.

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