Hasil untuk "Public law"

Morshadul Hasan

Abstract This study examines the role of biofuel production and consumption, alongside green finance, in driving economic expansion within the European Union (EU). Employing panel data from EU countries spanning 2001–2022, the analysis follows a rigorous econometric approach. The econometric approach includes unit root tests (Im–Persaran–Shin and ADF), panel cointegration tests (Pedroni and Kao residual tests), cointegrating regressions (FMOLS and DOLS), and robustness tests (fixed effects, random effects, and systems GMM). The findings reveal that both biofuel production and consumption significantly contribute to the EU’s economic expansion, reinforcing the circular economy framework. In addition, green finance enhances biofuel consumption, further supporting economic growth. The findings also reveal that biofuel production and green finance have a more significant effect on smaller economies than on larger ones. These insights underscore the need for EU policymakers to prioritize cost-effective biofuel production and implement strategies that stimulate consumption, fostering long-term sustainable development.

Yustia Atsanatrilova Adi, Sri Hilmi Pujihartati, Rahesli Humsona et al.

Stunting is widely understood as a chronic manifestation of malnutrition. In Indonesia, the national prevalence of stunting in 2024 stands at 19.8%; however, in the Baduy tribe of Banten Province, stunting prevalence have been reported as high as 60%. This disparity raises a critical question: what cultural barriers significantly hinder stunting prevention within the Baduy community? To address this question, we conducted the present study that employed a qualitative research design with purposive sampling, drawing on in-depth data from 20 informants representing both Baduy Dalam and Baduy Luar tribes. From this study, we identify three dominant cultural barriers related to stunting: limited nutritional knowledge which resulting from restrictions on formal schooling, strict prohibitions against keeping or slaughtering four-legged animals which limit their nutritional intake, and constraints on the use of modern transportation. This study also demonstrates that processes of embodiment, objectification, and institutionalization in the development of cultural capital are effectively sustained within Baduy society; however, these processes also simultaneously reinforce social separation from the broader population and consolidate a traditional belief system that poses significant challenges to public health interventions. Addressing stunting in this context therefore requires culturally embedded strategies that institutionalize collaboration between traditional leaders (jaro) and health workers (bidan). Such strategies should be framed in modern health practices through locally meaningful symbols, ensuring alignment with Indonesia’s legal framework for child protection and stunting reduction, as articulated in Presidential Regulation No. 72 of 2021, Law No. 35 of 2014 on Child Protection, and Law No. 17 of 2023 on Health.

Elena Tenti, Giuseppe Basile, Claudia Giorgetti et al.

The evolution of decentralized clinical trials, driven by advanced digital technologies, is transforming traditional clinical research. It introduces innovative methods for informed consent, remote patient monitoring, and data analysis, enhancing study efficiency, validity, and participation while reducing patient burden. Some clinical procedures can be conducted remotely, increasing trial accessibility and reducing population selection biases, particularly for cardiovascular patients. However, this also presents complex regulatory and ethical challenges. The article explores how digital platforms and emerging technologies like block chain, AI, and advanced cryptography can promote traceability, security, and transparency throughout the trial process, ensuring participant identification and documentation of each procedural step. Clear, legally compliant informed consent, often managed through electronic systems, both for research participation and data management in line with GDPR, is essential. Ethical considerations include ensuring participants understand trial information, with adaptations such as simplified language, visual aids, and multilingual support. The transnational nature of decentralized trials highlights the need for coordinated regulatory standards to overcome jurisdictional barriers and reinforce accountability. This framework promotes trust, shared responsibility, and the protection of participants rights while upholding high ethical standards in scientific research.

Nadiia Halaburda, Nataliia Radchenia, Alborz Pahlevanzade

The article's objective is to establish the status of state regulation of artificial intelligence in terms of civil law and economic and legal regulation. To this end, the following tasks are to be carried out: firstly, the nature of the legal consolidation of the use of artificial intelligence is to be determined; secondly, international legal standards of the use of artificial intelligence are to be outlined; and thirdly, the economic and legal tools used for organising the use of artificial intelligence are to be identified. The present study was conducted utilising a combination of general and special scientific cognition methods. The method of comparison was utilised to identify the model of state regulation of artificial intelligence in Ukraine. The analysis was employed to ascertain the quantitative and qualitative parameters that characterise the specifics of implementing certain measures at both the international and national levels, which relate to artificial intelligence. The findings of the study have demonstrated that there is no universally applicable approach to the definition and regulation of artificial intelligence. The formation of legal systems is contingent on political and legal priorities, resulting in the establishment of distinct models. These models encompass the protection of human rights, the promotion of innovation, and the augmentation of state control. The Ukrainian model of state regulation of artificial intelligence is still in the process of being formed. It takes a risk-based approach to legal consolidation while also considering ethical guidelines. It has been found that all international legislation on this matter provides for the establishment of control mechanisms that enable the explanation and verification of the decisions of artificial intelligence systems, thereby minimising the risk of unpredictable or discriminatory outcomes. Essentially, the key principle is human oversight, ensuring that people remain central to decision-making processes affecting society, even in cases involving automated or autonomous systems. Proper provision for the use of artificial intelligence involves intensifying the use of economic and legal instruments - a combination of government programmes, private investments, public-private partnerships, and international financial mechanisms that ensure the financial stability of scientific and technological projects and contribute to the commercialisation of results in the global digital space. Conclusion. The following is proposed: the adoption of a special law on artificial intelligence, combining innovative development with guarantees of security and human rights; the harmonisation of related areas of legislation, particularly laws on the protection of personal data (based on the GDPR), copyright in the digital environment, and the regulation of online platforms, in accordance with the requirements of the EU Digital Services Directive.

Muhammad Azam, Saleh Hashem Al-Farjani, Anis Mashdurohatun et al.

This study examines the E-Contract Withdrawal Rights in E-Commerce under Egyptian Consumer Protection Law No. 181 of 2018, from the perspective of Islamic jurisprudence. The research problem focuses on the challenges of applying the right of withdrawal in e-commerce, especially concerning the consumer's ability to cancel a contract after online purchases without prior physical inspection of goods. The objectives are to clarify the conceptual framework, legal foundations, and practical implications of the right of withdrawal in both Islamic and Egyptian legal systems, and to assess its effectiveness in protecting consumers. The methodology adopts a comparative analytical approach, critically examining Islamic jurisprudential principles (Khiyar) alongside Egyptian statutory provisions, supported by analysis of legal texts, court cases, and scholarly opinions. The research findings confirm that both Islamic jurisprudence and Egyptian law recognize the consumer’s right to withdraw under specific conditions. However, practical limitations exist, especially in the digital marketplace where product characteristics and return logistics complicate consumer rights enforcement. This study lies in its integrative comparison between traditional Islamic options (Khiyar al-Ru'yah, Khiyar al-‘Ayb, Khiyar al-Shart) and modern legislative mechanisms, highlighting their convergence in protecting the weaker party in transactions. The study recommends that the Egyptian government amend Article 40 of the Consumer Protection Law to share return costs equally between consumers and foreign suppliers in cross-border transactions. Furthermore, public awareness campaigns should be intensified to educate consumers about their withdrawal rights and responsibilities under electronic contracting frameworks.

Demyanchuk T.

Purpose. The purpose of the publication is to reveal the degree of involvement of public institutions in the protection of the rights of prisoners and rehabilitated persons in the Ukrainian SSR in the 1960s-1980s. Methods. The methodological basis of the research was a set of principles of historicism, objectivity, as well as general scientific, special scientific and philosophical methods. Results. It was established that in the conditions of the liberalization of social relations in the second half of the 1950s, the degree of involvement of public organizations in working with prisoners was fixed at the legislative level, but the norms of the criminal and correctional and labor codes contained significant contradictions, in particular, the Criminal Code of the Ukrainian SSR provided for the serving of a conditional sentence or early dismissal in the workforce of a separate enterprise, while the Correctional Labor Code only mentioned the possibility of involving labor unions in such work. Only after the creation of the Ukrainian Helsinki Group (later the Ukrainian Helsinki Union) and the "Memorial" society can we say that a real struggle for the rights of prisoners appeared. Legally, public organizations could not fundamentally influence the work of the criminal-executive system, but they showed its totalitarian and anti-human character, contributed to the collapse of this system and the USSR itself. Originality. Information is provided about the process of formation of public organizations in the Ukrainian SSR and the degree of their involvement in protecting the rights of persons who served sentences or were rehabilitated. Practical significance. The results of the research can be used for the preparation of lectures and special courses on the history of the state and law, popularization of the historical past, preservation of historical memory and condemnation of the actions of Soviet leaders.

Adelina BRAD

This paper analyses the relationship between the deterioration of the rule of law and the negative consequences on socio-economic development in the contemporary world. To scrutinize this correlation, quantitative-comparative analysis and secondary data review methods will be used. This aims to determine the extent to which the rule of law has a determining role or not in the development of states and societies. These results can serve as data for the basis of qualitative and sustainable public policies. The research aims to compare and contrast countries such as the United States of America, Singapore and Romania and determine the correlation between the deterioration of the rule of law, with a specific focus towards measurable elements such as the absence of corruption, and the consequences over economic development and prosperity. The country case studies have been identified purposefully to reflect different geographical areas, different historical pasts, and various levels of economic development. Despite the differences, the research aims to solely analyse the correlation between the rule of law and economic status.

Maja Klubińska

The views expressed in the public discourse, accusing the courts of excessive leniency towards the perpetrators of crimes against animals, as well as the problems that the courts often have in correctly determining the degree of social harmfulness of the assessed criminal acts, made it reasonable to devote this article to the title issue. After all, among the whole range of negative consequences that may result from a faulty estimation of the degree of social harmfulness, the most significant are those that directly affect the content of the judgment, resulting in, among other things, inadequately lenient treatment of the perpetrator to the gravity of the act. However, the purpose of this article was not only to verify the main research hypothesis, assuming that in cases of crimes against animals, the courts also make mistakes in the sphere in question, but also to determine what these failures consist of and what causes them, and, moreover, how they can be prevented. By the adopted research perspective, in-depth considerations (taking into account the achievements of science and jurisprudence in the area relevant to the subject of the study) were subjected not only to the decisions of common courts and the Supreme Court in cases involving the crimes mentioned above but also paid attention to the issue of social harmfulness of the title offences in the abstract, also making comparative legal analyses. As a result of the research, it was found that in cases of crimes against animals, the courts make mistakes in estimating the degree of social harmfulness of the act, which are not uniform. Among the most serious of these are the deficiencies that result from problems with the actual perception of the animal as a "being capable of feeling suffering" to which humans owe "respect, protection and care." In order to eliminate the defects above, it is necessary to take educational measures not only in the field of law but also in the basics of the sciences dealing with sensation consciousness and animal welfare.

Sitti Raodhah, Azman Arsyad

The implementation of health protocols during Covid-19 pandemic is very important to the prevention of virus transmission, but it had not been implemented optimally. Therefore, this study aimed to analyze the contribution of provisions in Islamic teachings and Infodemic to compliance with health protocols. The quantitative method was adopted with an observational study approach involving a total of 421 people. This sample was selected using the criteria of being Muslim, at least 18 years old, and willing to fill out a questionnaire online using the Google form. The results showed that the contribution of Islamic teachings in the form of Qada and Qadr belief and Covid-19 Infodemic had a positive effect on compliance with implementing the health protocols. Furthermore, the contribution of belief in Islamic teachings and Covid-19 Infodemic had a simultaneous positive effect on compliance with implementing health protocols. This study proved that religious and spiritual approaches can effectively increase community compliance in adhering to public health efforts.

Hadi Pahlevan Yazdanabad, Mohammad Hoseini, Mahdi Fadaee

Combinatorial choice models are based on the implicit assumption that decision-makers consider all possible combinations that can be made by the options in a given set. Therefore, these models assumed that the chosen combination is the most preferable combination. However, decision-makers may not consider all possible combinations due to the limited attention. Thus, the chosen combination is not necessarily the best. This paper presents a model that can explain such choice behaviors. After presenting the model, we investigate its revealed preference implications and explain how one can make inferences about individuals’ preferences considering their choices in the new context. Finally, for the model to be testable, we present its characterizing axiom and show that it is equivalent to the model.

Jenny Jing Wang, Jianfu Shen, Frederik Pretorius

Abstract In this study, we develop and empirically test a valuation model for a commonly encountered option in office leases: a tenant’s option to renew at future market rent (a fair market value) with lease termination as the maturity date. The model integrates decision analysis with real options analysis and market risk with private risks. “Option value” is defined as the private value of the option to either party pre-contract, while “option price” assumes a fair agreement between transacting parties and can be positive (rental premium paid) or negative (rental discount offered). Without manifest expectations, an analysis of a sample of office leases supports the model’s logic with price estimates in a practical range. The tenants’ option price/value is shown to have a negative relationship with the original/renewal lease term; conversely, the landlords’ option value is positively related to the original/renewal term. Comparative analyses show that transaction costs have a positive effect on tenants’ option value and on prices, while vacancy costs and the vacancy period are both positively related to the landlords’ option value and negatively related to price. Market rent is found to have a negative relationship with option price. Overall, this study provides a theoretical analysis and empirical tests of the value of a real option that allows option holders to renew/extend their contracts at a fair market value.

Erick Cuba Meneses

Los contratos son instrumentos para la distribución y asignación de riesgos entre las partes que lo suscriben. Durante la negociación, las partes buscarán asumir la menor cantidad de riesgos posible y estructurarán el contrato a partir de su capacidad para trasladar al reglamento contractual sus particulares intereses. Sin embargo, cuando se trata del Estado, este traslada al contrato el mayor interés de todos: el interés público. Esto tiene una repercusión trascendental en la forma en que los riesgos son asignados o, incluso, en los tipos de riesgos que deben preverse y las soluciones que se adoptarán en caso se materialicen. Además, de los contratos celebrados bajo el sistema de inversión pública, un claro ejemplo de lo anterior son los contratos de participación público-privada (más conocidos como Asociación Público-Privada). La doctrina internacional (especialmente de habla inglesa) ha creado distintos criterios orientadores para la asignación de los riesgos en contratos de APP y, en el caso peruano, el Ministerio de Economía y Finanzas ha emitido directrices al respecto, dada la importancia de una adecuada asignación de riesgos para una sana ejecución contractual, tomando en cuenta que este tipo de contratos tienen una larga duración. Ello repercute en un mayor bienestar social (infraestructura y servicios públicos en menor tiempo y de mayor calidad). Este trabajo se enfoca en evaluar los distintos criterios de asignación de riesgos y ponderar la importancia de adoptar acuerdos sobre ellos.

Genevieve A. Vista, Helen V. Madamba

INTRODUCTION: Unsafe abortion is one of the major medical and public health problems in developing countries. However, there is a lack of up-to-date and reliable information on induced abortion distribution and its determinant factors in the country. OBJECTIVES: This study determined the sociodemographic and clinical profile of women admitted for abortion at a tertiary government hospital in Cebu city from 2013-2017. METHODS: This study reviewed the charts in medical records of women diagnosed with abortion admitted at a government tertiary hospital from January 2013 to December 2017 with key words “abortion” in the final diagnosis. RESULTS: The results of this study showed that 86% of patients who had induced abortion discharged improved from this institution, 2 patients died due to medical complications and 12% were discharged against medical advice. Majority of abortions were within early ages of gestation. Primigravidas and primiparas had the highest incidence of induced abortion 20.44% and 27.73%respectively. Of the treatments employed, the major method of abortion employed was mechanical. Majority of induced abortions did not develop septic complications. CONCLUSION: The trend in admission of induced abortions from 2013 to 2017 showed a downward trend. This decrease in incidence may be attributed to improved access to family planning methods since the Reproductive Health Law was implemented in 2014 and the introduction of the Maternal Perinatal Statistics quarterly conferences headed by Department of Health (DOH) Region 7 and the different DOH-retained hospitals as well as BEMONC/SEMONC facilities in Cebu Province. 17. These statistical events focuses the spotlight on the importance of health education and further improvement in the provision of health care in the local setting. Moreover, further improvement in post abortive care and adequate coverage should be provided to patients with abortion to reduce the incidence of complications and potential mortality.

John C. Coates

C. Portier, Tart K. Thigpen, S. Carter et al.

J. Jackson, B. Bradford

Ana Thereza Meireles Araújo, Itanaina Lemos Rechmann, Thayná Andrade Magalhães

Objetivo: avaliar a condição de sigilo do prontuário médico a partir da perspectiva do direito do paciente, considerando as normativas vigentes no país emanadas do Conselho Federal de Medicina. Metodologia: a pesquisa tem natureza bibliográfica e documental, consubstanciando-se em livros e artigos da área jurídica, em legislação ordinária e resoluções do Conselho Federal de Medicina. Resultados: o prontuário médico é documento complexo, que apresenta caráter informativo e científico. Confidencialidade, sigilo e segurança das informações são princípios observados quando da divulgação das informações contidas no documento. Conclusão: o prontuário médico, seja físico, seja digital, mais do que uma ferramenta de trabalho dos médicos e instituições de saúde, é um direito do paciente e que se encontra acobertado pelo sigilo em respeito à intimidade do paciente.

Chunxue Wu, Jing Wu, Chong Luo et al.

Abstract The interaction and sharing of data based on network users make network information overexpanded, and “information overload” has become a difficult problem for everyone. The information filtering technology based on recommendation could dig out the needs and hobbies of users from the historical behavior, historical data, and social network and filter out useful resource for users in accordance with the needs and hobbies from the accumulation of information resource. Collaborative filtering is one of the core technologies in the recommendation system and is also the most widely used and most effective recommendation algorithm. In this paper, we study the accuracy and the data sparsity problems of recommendation algorithm. On the basis of the conventional algorithm, we combine the user score probability and take the commodity type into consideration when calculating similarity. The algorithm based on user score probability and project type (UPCF) is proposed, and the experimental data set from the recommendation system is used to validate and analyze data. The experimental results show that the UPCF algorithm alleviates the sparsity of data to a certain extent and has better performance than the conventional algorithms.

Marcin Trupkiewicz

The paper describes the legal grounds of prequalifi cation proceedings allowing certain categories of energy producers to participate in the Polish auction system, and thus to create a new system responsible for supporting the development of renewable energy sources (RES). These procedures are of administrative proceedings character but are modifi ed by specifi c legal provisions under the RES regulations. The legislator diff erentiated between two types of these procedures. Although they diff er in specifi c legal provisions, they both pursue to achieve common targets that will subsequently contribute to a speedy development of the RES plants in Poland. Among the main objectives of the prequalifi cation proceeding, the necessity of the regulatory authority to obtain the basic information about the RES installation project must be mentioned. This information not only allows to check the legitimacy of the accession to the RES auctions system but also allows to check the investment documentation of the project, and consequently implement and start the RES installation on time as prescribed by the law. In the initial period, the measures taken by the RES are to be aimed at eliminating form the auction these energy producers who could theoretically win the RES auction but would not, due to legal, technical or fi nancial reasons manage to complete the investment (build and start up the RES installation) within the time prescribed. This would not only impede a competitive conduct of the RES auction but would also prevent realisation of the EU climate and energy policy due to the failure to produce enough electricity to meet the required volume contracted for each new RES installations according the RES auctions.

Jon Alvarez

The Japanese government’s efforts to value and preserve traditional townscapes, which commenced in 1975, gave birth to the denken chiku (Japanese abbreviation for ‘Important Districts of Traditional Built Structures’) programme, whereby the Agency for Cultural Affairs established the valuation criteria for townscapes alongside a system of grants to ensure their survival. Before 1990, economic expansion had led to widespread economic changes that transformed both Japan’s space and its population. Rural areas were depopulated and their economies ruined. Tourism, which was a potential new source of income, especially in rural areas, was thus prioritised in townscape protection system criteria. Most of the urban and rural designated townscapes were viable for tourism (i.e., appealing to tourists) and easily accessible (e.g., by express train). However, by 1990, when the Japanese economic bubble burst, the tourism-centred model declined along with the economy. This triggered a shift in townscape valuation: local needs and growth were prioritised over tourism appeal, the local community came to be viewed as the main agent of conservation, and the preservation of the landscape was recast as an opportunity for territorial development. As local communities are easier to recognise in small, rural locales, most of the townscapes designated since 1990 have been rural and difficult to access. Management has also changed from a public worker-centred model to a local association-centred one. The three case studies examined in this paper describe the realities of three different historical stages of Japanese architectural preservation. Stage 1 (1976–1989), which developed along with the Japanese asset price bubble, saw the development of protection plans oriented to the tourism industry as a solution to the problem of rural decline. The elements considered valuable and in need of protection were those that made the protected town understandable and attractive to tourists: the external elements of buildings were prioritized over other spatial relations, such as that between the interior and exterior living spaces of the local population. Stage 2 (1990–2003) saw the failure of the tourism model, since even a massive tourism boom could never compensate for the decline of rural heritage sites. This was an opportunity for other towns, with little touristic interest but significant historic value, to enter the denken chiku system. The socio-spatial structures that ensured the survival of towns, such as old trade routes and infrastructure, were now considered valuable, as were the needs of the community. The beginning of stage 3 (2004- ) was marked by the 2004 Landscape Law. Each of these three stages has brought about different results that help us picture the current state of Japanese townscape heritage.