Suwito Suwito, Yang Meliana, Jenggis Khan Haikal
et al.
The purpose of this study was to explore effective ways of determining the duration of political disenfranchisement of corruption convicts in Indonesia, with the aim that this punishment serves as an effective deterrent effect without violating human rights. The study also aims to analyze the long-term impact of political disenfranchisement of corruption convicts on democratic processes and their reintegration into post-detention society. This research is categorized as normative legal research and uses a philosophical and analytical approach that focuses on rational, critical analytical, and philosophical views on applicable legislation and legal theory. The research utilizes analytical descriptive methods to examine positive law enforcement practices related to these issues. Based on the severity of corruption cases and the rehabilitation potential of convicts, determining the duration of political disenfranchisement is crucial. Fair review and appeal mechanisms should be in place to support the social and political reintegration of ex-convicts. The study also emphasizes the importance of political disenfranchisement as part of a broader legal system to support healthy democracy, transparent governance, and inclusive societies.
Purpose. The article is devoted to the analysis of the legal nature, the content of the rule of law as a principle, as well as the legal phenomenon and the conceptual approach to modern human rights. She studies the foreign experience of implementing the rules of the rule of law into national legislation. The role of international organizations in ensuring the rule of law is determined. It is noted that the rule of law is a universal principle. The need for general provision and observance of the rule of law both at the national and international level is recognized by all UN member states, because the rule of law is one of the basic values shared by the European Union and its members. Cornerstone problems of the rule of law, expressed in the implementation of its main principles, are an actual subject of multilateral public discourse: the future of the country and its role in the process of modern development of the world order and the conditions of its globalization depend on their solution. Methodology. In order to achieve the set goal, a comprehensive analysis of the available information regarding the analyzed problem was carried out and conclusions and proposals were formed on their basis. The following methods of scientific knowledge were used during the research: dialectical, systemic-structural, terminological, systemic-functional, historical, normative-dogmatic, generalization method. Resulst. As a result of the research conducted, it was found that this principle, which forms the basis of the constitutional order, is proclaimed and operates in our country. The creation by the state of reliable and favorable conditions for the implementation of the rule of law in all social relations, the consolidation at the legislative level of guarantees for its enforcement and the mechanism of legal protection in case of violation of this principle are its priorities, because in a state governed by the rule of law, a person, his or her life, health, honor, dignity, rights and security are the highest value. Originality.It is established that the rule of law is in fact the only effective means of ensuring the protection of all these values of the Ukrainian state, and it should become the main goal of legal science and practice. The article also formulates conclusions which summarize the rule of law as a fundamental principle of the rule of law, its main features and components, and its importance and role for Ukraine as a country governed by the rule of law.
Issues of legal regulation of military captivity are very relevant. At different times, humanity has experienced many wars and military conflicts, with which came experience and the realization that even during armed confrontation it is necessary to respect the law, show mercy and humanity towards an enemy who is helpless or does not want to fight. The emergence of norms in the field of military captivity in international humanitarian law dictated the necessary desire of countries to implement these norms into national legislation. The rapid development of modern law and legal policy determines the increase in the culture of society, and at the same time the preservation of humanity and respect for the human dignity of prisoners of war. Our country, being a highly developed and rule-of-law state, has always strived to implement the norms of international law in the field of military captivity, both in Soviet and Russian legislation. However, in the history of domestic law to this day, organizational, political and legal problems arise in the implementation of the norms of international humanitarian law relating to military captivity into national legislation. The above problems are a consequence of a complex of social reasons, both objective and private. Continuing research into the dynamics of the process of implementing the norms of international law in the field of military captivity into Russian legislation, a comprehensive study of the issue of legal implementation of the implemented norms will allow us to find ways to solve problems in this area, as well as draw a conclusion regarding the further development of legal norms relating to military captivity in our country.
It has been proven that the legality and sufficiency of the state’s financial activities for the social protection of military personnel in modern conditions in Ukraine depends on financial and legal regulation in the field of social policy. It has been noted that financial and legal protection, as an activity of the state for financial provision of social protection of military personnel, is based on the budget law, expenditures, which require coordination of the budgetary powers of the legislator and the Government on the formation and distribution of financial resources at the planning stage, as well as development and approval of the main financial law.
The dependence of the financial state of the social protection of servicemen on the state financing of the directions and types of social policy of the state in the sphere of defense which requires legal regulation of the sources of financing of social payments of servicemen has been argued, as well as the distribution of the amounts of allocated funds and clarification of the powers of the involved subjects, in particular the legislator, the Government and managers budget funds. It has been determined that in order to improve the financial and legal foundations of social protection of servicemen, it is advisable to ensure two conditions: firstly, the introduction of a budget classification code of types of special social payments to servicemen in the expenditures of the State Budget of Ukraine, and secondly, compliance with the targeting of benefits, guarantees, compensations and other social payments, which are defined by the current legislation for military personnel and their family members.
It has been substantiated that the justice and legality of meeting the interests of military personnel, as well as of all citizens related to social protection, are based on financial and legal principles.
Law in general. Comparative and uniform law. Jurisprudence
Across Europe, the labour market participation of persons with disabilities remains lower than that of persons without a disability. Our research examines this disability employment gap, looking specifically at its variation by country and gender. Additionally, we test the influence of labour market policies – testing both the social investment perspective and the welfare scepticism perspective – on the size of the gap, in an effort to determine whether a more generous welfare state raises or lowers the employment rate of people with disabilities. Using the European Union Statistics on Income and Living Conditions (EU-SILC), we show that Southern European countries have the smallest disability employment gap. Whereas stricter employment protection legislation is found to be beneficial for people with disabilities on the labour market, other labour market policies specifically intended to benefit this group do not strongly affect their chances on the labour market. These findings support the social investment perspective and show that social policies can have a positive effect on the employment of people with disabilities.
Online disinformation has been on the rise in recent years. A digital outbreak of disinformation has spread around the COVID-19 pandemic, often referred to as an “infodemic.” Since January 2020, digital media have been both the culprits of and antidotes to misinformation. The first months of the pandemic have shown that countering disinformation online has become as important as ensuring much needed medical equipment and supplies for health workers. For many governments around the world, priority COVID-19 actions included measures such as (a) providing guidance to social media companies on taking down contentious pandemic content (e.g., India); (b) establishing special units to combat disinformation (e.g., EU, UK); and (c) criminalizing malicious coronavirus falsehood, including in relation to public health measures. This article explores the short and potential long-term effects of newly passed legislation in various countries directly targeting COVID-19 disinformation on the media, whether traditional or digital. The early actions enacted under the state-of-emergency carve new directions in negotiating the delicate balance between freedom of expression and online censorship, in particular by imposing limitations on access to information and inducing self-restraint in reporting. Based on comparative legal analysis, this article provides a timely discussion of intended and unintended consequences of such legal responses to the “infodemic,” reflecting on a basic set of safeguards needed to preserve trust in online information.
Healthy ageing refers to the development and maintenance of the functional ability of ageing individuals. Aged care nurses provide nursing care to elderly individuals and usually work in aged care residential facilities, nursing homes, home care services, and/or hospital departments. The registered nurse working in the aged care sector has several important roles. Key roles cover both therapeutic and preventative paradigms, as discussed in this paper. The aged care nurse is also “tasked with” holistic patient-centred care and the promotion of healthy ageing via advocacy and sociocultural roles. This paper examined, described, and analysed the multifaceted role of an aged care nurse from an Australian perspective. We conducted meticulous searches using PubMed, Google Scholar, government guidelines, authoritative body regulations, quality control guidelines, and government portals pertaining to aged care nursing in Australia. This paper relied upon the information garnered from publications, reports, and guidelines resulting from these searches and analyses. Multiple aspects of healthy ageing and holistic aged care nursing are discussed. The key roles of the aged care nurse are enumerated next, in accordance with the code of conduct from the Nursing and Midwifery Board of Australia (NMBA). The NMBA promotes evidence-based, culturally sensitive, consultative, holistic aged care clinical practice that includes input from care recipients, their decision makers, and/or their health care providers. The difficult issue of loneliness is discussed with strategies to ameliorate aspects of this. Good social networks, community interactions, meaningful friendships, and participation in personalised spiritual/religious practices improve the quality of aged care. The key topic of elder abuse and its forms are discussed apropos of aged care nursing. Healthy ageing is promoted by identifying and reporting elder abuse at the earliest. Current Australian law and recent federal legislation changes pertaining to aged care nursing are discussed next. As a result of these legislation changes, several new quality control imperatives (for aged care organisations/facilities) under the Aged Care Quality and Safety Commission (ACQSC) have been implemented. Residential and flexible aged care providers should now have robust ongoing documentation and a well-developed behaviour support plan (BSP) for each care recipient who currently requires or may require restrictive practices, which must be reported under the new serious incident reporting scheme (SIRS). Various strategies to promote healthy ageing and approaches to communicate effectively with aged care recipients are also discussed. Healthy ageing is promoted when age care recipients are empowered with making their own autonomous choices in “major and minor” aspects of life. Finally, approaches to optimise quality aged care nursing care are discussed. The Roper–Logan–Tierney model is one of the models used to assess and optimise nursing care. This is premised on the capability of an ageing individual to accomplish 12 basic activities of daily living.
The peculiarities of the formation and development of legal status of national minorities, who were on Ukrainian territory during the studied period and were engaged in various types of economic activity, as well as the influence of the general imperial and local legislation on certain aspects of the life of national minorities, have been investigated.
The regulatory and legislative acts that determined the legal status of various national communities have been analyzed. The conditions and circumstances under which the process of forming the legal status of national minorities on the territory of Ukraine took place during the 19th century have been shown in general terms. Changes in imperial legislation have been demonstrated depending on the attitude of the current government to certain events in the empire, which ranged from providing comprehensive assistance and support to a restrained attitude, and sometimes to open persecution, introduction of economic restrictions, confiscation of granted lands, etc. This was the case with representatives of the Jewish, German and Polish national minorities.
Particular attention has been paid to such legislative documents of various levels as the Regulations on the settlement of Jews, the Regulations on Jews, the Instruction of the Office of Guardianship of Novorossiysk foreign settlers, the Statute on foreign colonies in the empire, the Laws “On the lease of landed property to foreigners for up to 36 years”, “On restricting the right of Catholic peasants to acquire land property in nine Western provinces”, “On the analysis of the gentry in the Western provinces and on the arrangement of this kind of people”, Regulations on the Main Department of Colonists of the Southern Territory, etc. It has been shown that the imperial power fully supported the actions aimed at the gradual assimilation and Russification of national communities, increased social tension, thereby weakening the tendency of the formation of national political forces.
Law in general. Comparative and uniform law. Jurisprudence
The use of involuntary treatments in psychiatry comes with some benefits and many disadvantages for the patient’s experience and the therapeutic outcome. This review proposes to compare the procedures and criteria for involuntary psychiatric treatment and to outline the current situation concerning the relevant legislation and practices around the world. Various historical and present-day criteria and procedures are described and compared, showing a certain degree of heterogeneity to this day. Studies relating to patient experiences of coercive measures and their effects on the therapeutic relationship and continued adherence are examined. The breach of the principle of self-determination appears as a central element of the critique; underlined both in clinical reality and in jurisprudence. Moreover, assessment of the patient's decision-making capacity regarding their own care, the use of advance treatment directives, and the reduction of the mental patient's stigma in favour of greater social and therapeutic support appear important. We highlight the similarities and differences between legislation and practice in various parts of Europe, North America, Asia, and some areas of Latin America, Africa and the South Pacific. Other aspects that we explored include the patient’s experience of coercion; the repercussions on the therapeutic relationship and adherence to treatment following coercion; the role it plays in the prevention of suicide; ethical problems; and possible alternatives to reduce the use of coercive measures.
Yana van der Meulen Rodgers, Ernestina Coast, Samantha R Lattof
et al.
<h4>Background</h4>Although abortion is a common gynecological procedure around the globe, we lack synthesis of the known macroeconomic costs and outcomes of abortion care and abortion policies. This scoping review synthesizes the literature on the impact of abortion-related care and abortion policies on economic outcomes at the macroeconomic level (that is, for societies and nation states).<h4>Methods and findings</h4>Searches were conducted in eight electronic databases. We conducted the searches and application of inclusion/exclusion criteria using the PRISMA extension for Scoping Reviews. For inclusion, studies must have examined one of the following macroeconomic outcomes: costs, impacts, benefits, and/or value of abortion care or abortion policies. Quantitative and qualitative data were extracted for descriptive statistics and thematic analysis. Of the 189 data extractions with macroeconomic evidence, costs at the national level are the most frequently reported economic outcome (n = 97), followed by impacts (n = 66), and benefits/value (n = 26). Findings show that post-abortion care services can constitute a substantial portion of national expenditures on health. Public sector coverage of abortion costs is sparse, and individuals bear most of the costs. Evidence also indicates that liberalizing abortion laws can have positive spillover effects for women's educational attainment and labor supply, and that access to abortion services contributes to improvements in children's human capital. However, the political economy around abortion legislation remains complicated and controversial.<h4>Conclusions</h4>Given the highly charged political nature of abortion around the global and the preponderance of rhetoric that can cloud reality in policy dialogues, it is imperative that social science researchers build the evidence base on the macroeconomic outcomes of abortion services and regulations.
ABSTRACT This article examines the definitional problematics associated with the many typologies of tourism focusing on tourism, ecotourism and community-based tourism. The wide range of typologies currently in use calls for more precise definitions to inform both policy and practice. The article argues that Government should shoulder this responsibility as it adopts the legislation and policies which regulate the sector. It unpacks the definitions employed by different role players, some of whom use them as marketing gimmicks. Based on definitions derived from secondary sources, the article argues that community-based ecotourism is an umbrella definition which encompasses environmental and cultural/social sustainability, local involvement/benefits, and social equity/redistributive justice and control of the tourism sector. It concludes that all typologies of tourism should be sustainable for the benefit of the hosts and that definitions should capture contemporary issues.
A good working environment or work is very important for global, national and local economic and social development. Legislation and inspection of workplaces is done to help monitor compliance with health and safety agencies and also insure health and safety in workplaces. Occupational health is a multi-disciplinary action that concentrates on protecting and promoting the health of workers by preventing and controlling occupational diseases and accidents. In Africa occupational health also looks at the factors and conditions that are hazardous to the health and safety of workers. Occupational health focuses on enabling workers to conduct socially and economically productive lives and contribute to sustainable development. According to the UN statistics about 300 million people are disabled in Africa. With the increasing number of people living with disability a number of countries have developed laws and regulations that allow disabled people to work. This paper aims at addressing different occupational and health issues which will help understand occupational health, the problems that comes it and how to address those problems. This article will also review the challenges of people living with disability face in employment and how they are treated at their workplaces. This review will be passed on other articles downloaded from google search. 14 articles where downloaded but only 11 where used. The others were excluded because of the limitation on the number of word and pages the review article was supposed to have.
As climate change policies and governance initiatives struggle to produce the transformational social changes required, the search for stand out case studies continues. Many have pointed to the period between 2005 and 2008 in the United Kingdom as a promising example of national level innovation. With strong cross-party consensus and a first-of-its-kind legislation the UK established itself as a climate policy leader. However, early warning signs suggest that this institutionalised position is far from secure. Through a novel application of discursive institutionalism this article presents a detailed analysis of the role of ideas in unravelling this ambition under the Conservative-Liberal coalition administration (2010–2015). Discursive interactions among policymakers and other political actors were dominated by ideas about governmental responsibility and economic austerity, establishing an atmosphere of climate policy scepticism and restraint. By situating this conspicuous and influential process of bricolage within its institutional context the importance of how policymakers think and communicate about climate change is made apparent. The power of ideas to influence policy is further demonstrated through their cognitive and normative persuasiveness, by imposing over and excluding alternatives and in their institutional positioning. It can be concluded that despite innovative legislation, institution building and strategic coordination of different types of governance actors the ideational foundations of ambitious climate change politics in the UK have been undermined.
Valentyna Levchenko, Anton Boyko, Serhiy Mynenko
et al.
Shadow economies exist to various degrees in almost all countries of the world. The level of shadowing of the Ukrainian economy is a key threat to the country’s economic security. The financial and political instability, as well as the annexation of Crimea and the military conflict in the Donbas, activate the development of the shadow sector of the Ukrainian economy. The process of shadowing affects all economic areas, political and social life of the country, which is why government constantly need to improve methods and forms of combating the shadow economy in order to destroy its most dangerous forms for society. The purpose of the article is to evaluate the effectiveness of existing tools for national economy unshadowing based on the analysis of statistical information on the number of fines and other sanctions for non-compliance with tax legislation, the amount of confiscated property and currency as well as the size of the shadow economy, calculated using the International Monetary Fund method. In the course of the study, a block diagram of the algorithm for carrying out the correlation-regression analysis of the evaluation of the efficiency of existing tools for national economy unshadowing was developed, in particular, the following steps were identified: 1) formation of the input data set; 2) check for anomalous levels of the series and their exclusion; 3) normalization of the input data set; 4) correlation-regression analysis (linear regression formation and model quality determination). According to the study, namely the analysis of indicators of the determination coefficient, the Fisher F-test and the Student's test, the null hypothesis “coercive tools (in the form of fines and confiscation of property and currency) of Ukraine's national economy unshadowing lead to a reduction in the level of the shadow economy” is refuted and an alternative is accepted: that the selected state tools for national economy unshadowing are inefficient and do not lead to a reduction in the level of the shadow economy. To complete the reformation of the system of economy unshadowing, it was suggested to carry out preventive management and audit of the activities of financial intermediaries, since it is due to their services the financial resources are moving both in the real and shadow sectors of the national economy.
The purpose of the paper is to to elucidate the authors' attitude to the nature of clusters that have become widespread in marine economic activity, find out the motives that lead to their initiation, to demonstrate the variants of their organizational structure of management and the sources of funds needed to perform the delegated functions, in the context of current Ukrainian legislation. Methodology. Towards this goal the authors collected, systematized and analyzed a number of facts obtained from numerous publications in writing and electronic domestic and foreign publications. Results. Commodity diversity, which is so welcomed by consumers in developed countries, is the result of a strenuous competitive battle between suppliers at the market of alternative products and services. It is carried out not only among consumer goods producers, but also covers shipbuilding corporations and many related firms, among which there are medium and small ones in value creation chains. Often, they are concentrated in specific regions and in one way or another determine its industrial specialization. Competition does not bypass any country, although sometimes there is a sense that only those who keep marching the thorny paths of economic, political and social reforms are affected. For this reason, everyone is constantly looking for tools to reinforce their strengths over opponents in the fight for solvent purchasers. Clusters occupy a valid place among such tools, and it is generally recognized. In the countries of the European Union, clusterization has been raised to the level of public policy, strategies of behavior of entire industries and certain enterprises. In domestic areas, it is often that not everybody can clearly understand even the nature of clusters. Practical implications. The word "cluster" is etymologically derived from English and means "association" or "union". The Ukrainian legislator, while building the institutional basis for economic development, does not use this term, but outlines its varieties and formalizes procedures for starting unions. For this reason, domestic clusters are single and are rather examples of an initiative of the territorial communities. One of such initiatives can be considered an offer from a number of enterprises, organizations and authorities created in the Mykolaiv region. It is formalized in the form of the Mykolaiv maritime service cluster. Value/originality. Observing the first steps of the initiators shows that the enthusiasm of the pioneers is unlikely to be enough to solve all the tasks that have already been set up, and even more the tasks for the cluster to be solved in the future. Thus, there is nothing to do without creating at least a small administration. Since the top of the cluster is an unprofitable organization, according to the current legislation, it is most viewed by such organizational and legal forms as a cooperative (servicing) or a public union. If you consider them, you have an opportunity to create a budget and use the funds received for the implementation of approved plans, programs and projects.
Departing from a critical understanding of the relationship between state, law and power, we propose a critical overview of the concept of the state of exception developed by Giorgio Agamben. We emphasise the idea that the principle of legal exceptionality is not as merely used in response to the current crisis in capitalism, but is an enduring and core technique of power used by states to reproduce economic and colonial power relations. Thus, this paper offers three core points of departure from dominant understandings of the state of exception. First, we urge a rupture of the crude opposition between positive law and the state of exception. Second, we argue for a rejection of limited Western concept of (liberal, political) rights. Finally, we argue for an attention to the materiality of power relations, rather than a narrow focus on the power projected by formal institutions of state power.
Nuestra aproximación al concepto de estado de excepción desarrollado por Giorgio Agamben surge de una comprensión crítica de la relación entre Estado, derecho y poder. Hacemos hincapié en que el principio de excepcionalidad jurídica no es meramente utilizado en respuesta a la actual crisis capitalista, sino que es una técnica de poder central y duradera utilizada por el Estado para reproducir relaciones de poder económicas y coloniales. Esta introducción ofrece tres puntos centrales a partir de la comprensión dominante del estado de excepción: primero, planteamos una ruptura con la oposición cruda entre derecho positivo y estado de excepción; segundo, argüimos en favor del rechazo de la concepción limitada occidental (liberal y política) de los derechos; finalmente, defendemos prestar atención a la materialidad de las relaciones de poder, más que al énfasis limitado en el poder protegido por las instituciones formales del poder estatal.
Available from: https://doi.org/10.35295/osls.iisl/0000-0000-0000-0976
A legislação educacional constitui-se em uma importante ferramenta de investigação do campo da história da educação por possibilitar uma ampla e fértil compreensão do movimento educativo em determinado tempo e lugar. Neste artigo busca-se entender o uso dessa fonte como recurso para a pesquisa sobre a instrução primária maranhense nas últimas décadas do período imperial e início do Período Republicano. Discute-se o processo econômico, político, social que contribuíram para a criação e expansão das instituições escolares e as várias reformas educativas que objetivaram o desenvolvimento do Maranhão por meio da instrução. Conclui-se que a legislação reproduz o desejo dos dirigentes em inserir na Província ou no Estado as ideias de progresso e de modernidade educativas em vigência no Brasil.
Palavras-chave: Instrução pública. Legislação Educacional. Estado do Maranhão.
The brazilian educational legislation as source to the History of Primary
Instruction in the State of Maranhão
Abstract
The Brazilian educational legislation constitutes an important tool of investigation in the field of the history of education by enabling a broad and fertile understanding of the educative movement in a certain time and place. The aim of this article is to understand the use of this source as a resource for research on the primary education in the State of Maranhão in the last decades of the Imperial period and in the beginning of the Republican Period. It discusses the economic, political, and social process, which have contributed to the creation and expansion of educational institutions and several educative reforms, which aimed for the development of the State of Maranhão by means of instruction. The conclusion is that the legislation reproduces managers' desire to insert the Province or the State in the ideas of progress and modernity of education in force in Brazil.
Keywords: Public Instruction. Educational Legislation. State of Maranhão.
A legislación como fuente para la Historia de la Instrucción Primaria Maranhense
Resumen
La legislación se constituye en una importante herramienta de investigación en el campo de la historia de la educación por posibilitar una amplia y fértil comprensión del movimiento educativo en determinado tiempo y lugar. En este artículo se trata de comprender el uso de esta fuente como un recurso para la investigación de la enseñanza primaria maranhense en la última década del periodo imperial e inicio de la época republicana. Se discute el proceso económico, político, social que contribuyó para la creación y la expansión de las instituciones escolares y las varias reformas educativas que objetivaron el desarrollo de Maranhão por medio de la educación. De ello se desprende que la legislación reproduce el deseo de los líderes en inserir en la provincia o en el estado las ideas vigentes de progreso y de modernidad educativa en Brasil.
Palabras-clave: Instrución pública. Legislación Educacional. Estado de Maranhão.
One of the basic foundations of democracy is the Human right to information and free informative and communicative interaction. The formation of the international and national legislation adopted today in Europe and Russia lasted for several centuries and was closely linked to the geopolitical, military and economic events, to the transformation of public administration, changes in social structures and social attitudes, to the democratic reforms and developments. The chronology of this process is briefly summarized and systematized in this paper. It is based on the states’ adoption of the most important legislative enactments on the way to democratic changes which declared the freedom of speech, press and information.
History of Russia. Soviet Union. Former Soviet Republics, Psychology