Hasil untuk "Social legislation"

Lisandro Gomez

This paper reconstructs a set of expectations, that is, what a subject or a group of subjects expects in terms of fundamental rights with respect to the Chilean constituent process 2023. To do so, it analyses the foundations of the popular initiatives by means of the content analysis method. In this way, it is shown that what is pursued by some of the actors outside the world of legal operators reflects a set of historical demands, but also a series of disagreements regarding what constitution Chileans need in the face of what recent reform processes have shown.

Fabio Calzolari

Ecocide, defined as the destruction of ecosystems with knowledge of its enduring effects, lacks recognition as an autonomous offence in international criminal law. The Rome Statute limits liability under Article 8(2)(b)(iv) to wartime conduct causing environmental damage that is widespread, long-term, and severe relative to anticipated military advantage. This schema excludes slow-onset harm, such as anthropogenic climate change. Using case studies of Ukraine and Tuvalu, this article juxtaposes two divergent yet equally poignant scenarios: the wartime devastation of habitats and the prospective risk of statehood impairment through sea-level rise. First-person accounts from the countries highlight Radbruch’s contention that law forfeits validity when it no longer guarantees the minimum conditions of life, and Alexy’s thesis that principles lose normative force when proportionality cannot justify ensuing harm. This article argues that a self-standing Ecocide Convention, equipped with universal jurisdiction, would not merely supplement the Rome Statute but offer the necessary framework to translate ecocide into enforceable criminal responsibility.

Joanna Marszałek-Kawa, Marta Banasiak, Kateryna Holovko

The World Health Organisation’s declaration of the state of pandemic dramatically changed the daily lives of the entire population. Fearing steadily rising mortality rates, governments took immediate action, including changes in legislation. In the early stages of the pandemic, there was noticeable public approval for the safety measures introduced. However, as the state of isolation continued, a sense of loss of freedom began to grow, and anxiety and social tensions became a point of reference for expressing opposition. The pandemic changed people's perceptions, especially in the face of the increasing suppression of fundamental rights by the authorities. The restrictions introduced began to resemble an attempt at social control, and those who wanted to fight the flawed system were subject to criminal sanctions. The primary aim of this article is to identify the actions taken by demonstrators against the anti-COVID policy adopted by the Cypriot authorities. The text attempts to answer the question: What forms of action did protesters in Cyprus take during the COVID-19 pandemic and how did law enforcement agencies respond to them? The study was conducted using qualitative content analysis and institutional and legal analysis. The point of reference is the information contained in press releases and news reports relating to the conduct of protesters and law enforcement officers during the period under study.

Piotr Błędowski, Joanna Felczak, Ewa Gałecka-Burdziak

In the article we investigate how public employment services perform with respect to ex-offenders registered therein as unemployed workers in Poland in the time span 2004-2019. Our descriptive analysis will serve in the future in policy evaluation analyses regarding efficiency of certain labour market policy programmes offered to former inmates. We base our analysis on individual administrative data from public employment offices. We present the scope and diversity of the performed actions within active and passive labour market policy programmes. We also provide a literature review on the relationship between labour force attachment after leaving the prison and the recidivism.Conducted analysis indicates that public employment offices do not focus, in particular, on ex-offenders. This partially originates in stereotypical perception of ex-offenders. Nevertheless, social services are expected to perform inclusive actions of social and economic character and preventing the recidivism. The range of active labor market policy tools applied to ex-inmates is relatively small. On the other hand, only about 10% of former prisoners received unemployment benefits.In the article, we stress the importance of labour market participation in preventing subsequent criminal behaviour and by our research we also contribute by identifying knowledge gaps in analysing efficiency of certain labour market policies with respect to ex-offenders. Particular modifications in legislation conditions (for example treating ex-offenders as unemployed in special situation in the labour market or their wage during employment while being in prison) should lead to further investigation in the future.

Elena Mussinelli

In the Italian context, the first law directly affecting the urban planning and building sector dates back to approximately 160 years ago, precisely Law 2248/1865. It established the administrative unification of the Kingdom of Italy, empowering municipal councils to deliberate on ‘hygiene, building and local police regulations’, and was followed a few months later by Law 2359/1865 on expropriations for public purpose. By contrast, the first regulations for the protection of artistic, historical, archaeological and ethnographic heritage (1089/1938), and natural beauty (1497/1939), are just over 80 years old. From that time onwards, the rules governing planning and design actions have been considerably enriched and developed. Hence, it is worth reflecting on the effectiveness and efficiency of a regulatory framework that has been governing territorial, urban and building transformations in an increasingly articulated and specialised manner with a view to improving the quality and sustainability of natural and anthropic habitats. Moreover, its ability to govern the ways, times and cultural and technical contents of the project production process to carry out high quality creations is worthy of consideration. Perhaps the issue of standardisation has never been the centre of attention in all sectors of civil life as today: in public administration and scientific research, among economic operators, planners, and citizens themselves. Regulatory systems are increasingly pervasive in regulating design activity and the characteristics of works in response to a general «increase in the variety and complexity of public interests that appear worthy of protection, such as the quality of the environment, the safeguarding of the natural and historical-artistic heritage, the protection of health, the safety of persons, and security […]» (Bassanini et al., 2005). Changing interests require frequent updates to adapt regulations to rapid socio-economic, cultural, and technological changes. The centres of regulatory production have also multiplied, breaking up into different levels and sectors of regulation, namely with multi-level (international, EU, national, regional, local), sectoral (economy, environment, territory, landscape, infrastructure, cultural heritage, health, etc.) and institutional governance structures, with corresponding different interests (public/private, collective/individual) and complicated relationships of interconnection, conditionality and/or competition (Raveraira, 2009). The scenario is even more complex, if we broaden the scope to include, in addition to prescriptive and binding rules, the vast universe of guiding principles, voluntary standards, guidelines, best practices, etc. Moreover, also due to the nature of the legal system model of reference (civil law derived from Roman law, as opposed to the common law of English-speaking countries, founded on the binding force of practice and judgements), Italian legislation has been stratified by an anomalous number of rules, which are often not mutually coordinated, sometimes contradictory or bearing inconsistent definitions. They are either incapable of producing the desired results, or are not the cause of effects even diametrically opposed to those expected. The attempt to solve every problem through a special regulation results in limiting the free and responsible action of citizens (and planners). Indeed, as Marco Romano points out, «to reduce people’s desires to rights codified in the doctrine of planning, imposed by enlightened and pedagogical governments on rebellious citizens unaware of their own good, is to erase what makes them citizens: the diversity of their individual life projects» (Romano, 2013). On the other hand, the discrepancy between this regulatory approach and the reality that surrounds us is evident. On Alessandro Pizzorno’s death, Fabrizio Schiaffonati recalled how, back in the 1960s, the doyen of Italian political sociology had already warned that in Italy «everything must be regulated so that everything can be conceded», pointing out that «this is still the case nowadays, more than half a century later, with good peace for the quality of the project, which is overwhelmed by constraints and contradictory procedures that are obstructive to a necessary qualitative transformation of the anthropic environment within proper time and costs» (Schiaffonati, 2019). This hypertrophic growth of laws and regulations (a true ‘legislative inflation’ or ‘regulatory pollution’) is accompanied by their rapid variability over time, so much so that a building intervention begun within a given legislative framework risks being completed in the presence of a different regulatory framework, which would not have allowed its execution, and vice versa. Not to mention the «badly written, lengthy regulations that are difficult to read and even more difficult to apply, (which) now represent a constant factor with which even the most prepared and motivated operator must come to terms» (Gorlani, 2022), which lead to confusion and interpretative doubts. This makes bureaucratic formalities unnecessarily complex, overloads administrative action, and increases the regulatory and management costs for citizens, businesses and the public institutions themselves, including those dedicated to monitoring and control actions (which, in a context of shrinking public resources, are often the first to be lacking…). Legal uncertainty leads to opaque, if not arbitrary decisions, facilitates corruption, increases discrimination and social conflict, and limits economic development, sometimes to the point of inhibiting it (Bassanini et al., 2005). A vulnus with dramatic effects, if it is true that certainty does not have to be of the law, but: «certainty is law, just as, vice versa, law is certainty, if it is true that law […], is constituted for the specific purpose of giving certainty, or rather: certainties» (emphasis added; Ruggeri, 2005). The body of urban planning legislation has expanded considerably, imposing on city and regional planning new objectives and constraints aimed at protecting and improving the quality of the environment and landscape. Strategic environmental and impact assessments, regulations to limit land consumption, to increase climate resilience and to regenerate the built environment have been in use for many years now, with their rich set of analyses and tools to manage knowledge, build scenarios, compare alternatives, and quantify their effects through indicators (environmental, socioeconomic, etc.). And yet, all this does not seem to have produced the expected effects, as witnessed by the continuing degradation of urban suburbs, the continuous increase in soil erosion by new urbanisations and infrastructures, the abandonment of ‘inland areas’, and the hydrogeological instability of the most ‘fragile’ territories. Instead, by moving more and more on the level of so-called policies, planning seems to have lost its technical capacity to conform the quality of spaces, even in their cultural value and use, in a sort of throwback of illiteracy forgetting the grammatical and syntactical rules of construction of the European city. The disciplinary crisis of the plan is evident, incapable of governing land uses and built forms, as well as the quality of public space, relying, instead, on the abstraction of ‘tactical squares’ and social streets totally inadequate to determine an organic configuration of the urban structure. There is no large city that does not have a plan for climate resilience or sustainable mobility, nor is there a major project that cannot boast top-level environmental and/or energy performance, duly certified even when it plans to replace a tree-lined park of more than 50,000 square metres with green roofs on a shopping centre (for example, San Siro in Milan). Greenwashing operations often characterise the private actions of real estate operators, in the absence of checks and controls by the public authorities. The public works sector has long been searching for a better balance of time, cost and quality of works. «A long journey, which has allowed for advances […] and regulatory innovations during the Nineties» (Schiaffonati, 2006) and which, after thirty years of conjunctural measures (suspensions, temporary derogations, emergency decrees, special procedures and competences, variations of thresholds, etc.1) has led to the new Procurement Code (legislative decree no. 36/2023). It features a text of more than 150,000 words, to which the regulatory and procedural innovations introduced by the PNRR must be added, with the related set of regulations, guidelines, explanatory circulars, protocols and technical instructions2. It is a seemingly unstoppable process of continuous correction and integration to reform the reform, in the absence of the indispensable monitoring activity that should, instead, verify and assess the effects of the application of the regulation to correctly finalise its amendment. Nevertheless, there has been no lack of significant precedents in this regard, as in the case of the French experimentation of the Spinetta Law on construction insurance systems3. If we apply to the standard the historical notion of “quality as fitness for intended use” (Juran, 1951), or to the more recent notion of «the set of properties and characteristics of a product or service that provide the capacity to satisfy expressed or implicit needs» (UNI EN ISO 8402:1995), it clearly appears that the challenge to be faced concerns not so much or only regulatory and administrative simplification, or the replacement of redundant, obsolete or unjustified regulations, but precisely the “quality of regulation”. A direction undertaken since 2001 by OECD and Apec countries with a Regulatory Reform (reference criteria to ensure quality and transparency in regulatory activity), in line with the obligation to formulate rules that are conceptually and semantically precise, clear and comprehensible in the terms used, in the objectives set, in the required behaviour (Constitutional Court, ruling no. 364 of 1988) and, above all, with contents derived from consensual and shared planning (Raveraira, 2009). Responsibility, consensus and collaboration are, I believe, the key words to possibly rethink the relationship between design and regulation. In fact, I agree with Marco Dugato’s observation in this Dossier when he argues that «the fault of normative hypertrophy cannot be attributed to the omnipotence of the regulator by itself, rather it is attributable to the contribution of the ones regulated». If it is true that architectural design is constrained by regulations, it certainly cannot be mechanically determined by them for mere reasons of conformity. Conversely, as Maria Chiara Torricelli emphasises again in the Dossier, the norm is a tool that provides valid and shared knowledge to the project; and the project itself, as a projective activity, contributes proactively to its definition. There are many examples spanning technical directives regulating the implementation cycles of the INA Casa, the result of design research in support of the political project, and the various procedural and meta design regulations derived from research in the Architectural Technology Field. Such design experiences have unfolded in an experimental manner, in derogation of the regulations and leading to their renewal. Instead, deductive design approaches seem to prevail today, due to the growing availability of algorithmic procedures that do not merely support the design process, but develop it in an almost automated manner through conditioning and prevailing indicators and parameters. These tools legitimise choices where conformity to the standard acts as a screen for the assumption of precise responsibilities. There is a conceptual and operational reversal with respect to creative, responsibly inductive design action, which experiments and innovates, putting the principles of adequate performance and compliance with needs over the criteria of formal conformity. This is evident in the relationship between technical regulations and techno-typological innovation for evolutions that move the parameters of regulatory congruity “forward”, but sometimes even “sideways”. This also counteracts the phenomena of norm obsolescence. In consideration of the pervasiveness of the regulatory systems that rule design action, it is, finally, disturbing to observe the very limited importance assigned to this subject in the education of new designers. The didactics of design, which have long been the focus of Architecture studies, rarely envisage a structured discussion on regulatory and normative aspects, leaving them to the discretion of professors. Hence, at the end of the course, a large proportion of students have never heard about the Code of Procurement, environmental impact assessment or minimum environmental criteria… Whereas it is, instead, essential to solicit, from the first year, critical attention to the normative paradigm, also for the ethical, social and professional responsibilities it entails, and to encourage the assumption of norms and constraints as factors that nourish the entire design process. The norm thus becomes a «tool for guiding and controlling design choices», which as such «must be assumed in the organisation of the starting data» (Del Nord, 1992). Not to mention the need for qualifying training programmes, as Mario Avagnina points out, so that all those involved in the process, particularly public clients, are able to carry out their tasks. The objective is far from being achieved, and «necessarily passes through the training of the figures involved, starting with the RUPs». Figures characterised not only by technical knowledge of the building process and its rules, but also by a culture of standards and conscious responsibility that can only derive from a design practice, which is continually verified in the real context, and by design actions based on an experimental method that aims to face the issues of society. Figures characterised not only by technical know-how of the building process and its rules, but also by a culture of standards and conscious responsibility, which can only derive from a practice continually verified by comparison with reality, and by design actions marked by an experimental method that finds its arguments in taking on the problems of society.

Sergio Canalda Criado

The European Pillar of Social Rights (EPSR) was announced as a new platform for advancing social policy in the European Union. Among the principles and rights enshrined in the EPSR, the Commission has included the right of workers to be paid fair wages. However, in the context of EU Economic Governance, the EU country-specific recommendations steer national wage-setting institutions in the opposite direction. The outcomes sought by EU Economic Governance and the EPSR thus produce a paradox. This paper presents the Spanish case as an example of this paradox. More specifically, it assesses the reforms the Spanish Government made to minimum wage rules and the collective bargaining system during the financial crisis. In the end, all those reforms have led to wage stagnation and devaluation, causing an increasing number of working poor.

Muhammad Ridwan Hidayat, Suteki Suteki, Jean Claude Geofrey Mahoro

This study aims to analyze the state of society that began without a system, or what is called the condition of disorder, which is unstable (social melee) so that the state of law, when it comes to people's lives, must also follow the unstable pattern (legal melee). The method used is normative philosophical, which leads to the basis of discourse (Conceptual). This study also explains some of the gaps in previous similar studies by presenting some novelty of analysis, such as (1) an explanation of how legal wisdom is an important concept for progressive law enforcement, (2) the national legal system (conventional) with legalistic positivistic substance remains an open formulation towards legal progressiveness in Indonesia. The exposure of the construction of a legal system continuously undergoing development is an issue that must always get a balance for new legal discoveries so that the developing law always follows the development of society. The results of this study revealed that the existing legal products also naturally show how the law plays a role. Then, with the existence of legal products, one area that gets regulation against it must be more organized than areas that legal arrangements have not been regulated by law. It can be concluded that today's Indonesian legislation is a portrait that shows the problem of existing regulations. It has become natural to revive and develop with a more structured of legal enforcement.

Liudmyla Kozarezenko

This article examines the impact of European integration on Ukraine's social protection system, focusing on its financial capacity to provide adequate support to its citizens. It analyses the financing of social protection components in Ukraine. This included articles on rehabilitation and recreation of children with special needs, social protection of persons with disabilities, families and children, support for low-income families, provision of benefits and housing subsidies to citizens, and financial assistance to citizens in difficult circumstances. The study also addressed the issues of financial support for pension payments, bonuses and increases to pensions under pension programmes, as well as the shortfall in the Pension Fund of Ukraine. The paper analyses the role of international donors in financing social expenditures in the second year of the full-scale invasion. Additionally, the study concludes with proposals for reforming the social protection system in Ukraine in the context of European integration. Research methodology. The methodology includes the use of comparative analysis, statistical analysis and generalisation to analyse and draw conclusions based on the research data. Purpose of the study. The European Union (EU) is committed to developing highly competitive social market policies aimed at achieving full employment and social progress. Ukraine, as a candidate country for EU membership, is obliged to ensure the implementation and development of legislation, in particular in the area of social protection of its citizens. Thus, the purpose of this study is to summarise the results of changes in the social protection system of Ukraine that have occurred as a result of active integration with Europe. The publication contains conclusions and recommendations on the necessary future changes to implement European norms and standards in the social protection system in Ukraine. Conclusion. The social security system in Ukraine does not meet the criteria and objectives set by the European community. The eligibility requirements for pensions are relatively low in terms of age and pensionable service, while the pensions themselves are also low, putting many pensioners at risk of financial hardship. This issue is particularly relevant for women, who may receive pensions earlier than men, but still struggle to make ends meet. In addition, it is necessary to reform the system of institutional care and upbringing of children, as well as to focus on a strategy for deinstitutionalising children in residential institutions in the context of social protection. It should be noted that Ukraine has not yet begun preparations for the administration and use of the European Social Fund. The development of scientific and practical tools for reforming Ukraine's social protection system in line with European standards is an important step towards Ukraine's membership in the European Union. This work is crucial to ensure gradual and stable progress towards Ukraine's EU membership.

Christina Watts, Melissa Jones, Kylie Lindorff et al.

Objectives and importance of the study: The study investigates and documents how tobacco companies are using the revolving door between government and industry as a tactic to try to influence public health policymaking in Australia. This is the first Australian study to systematically investigate the revolving door tactic in tobacco lobbying and highlights the importance of strengthening integrity and transparency legislation and oversight bodies to eliminate the political influence of tobacco companies in Australia. Study type: Mixed-methods including non-experimental descriptive and exploratory case studies. Methods: To build a picture of tobacco lobbying through the revolving door in Australia, data was triangulated from multiple publicly available sources: 1) Australian federal, state and territory government lobbyist registers, 2) the online social networking platform, LinkedIn; and 3) Australian news media reports. Results: Tobacco companies lobby the Australian government using ‘in-house’ employees, lobbyists working in firms acting on their behalf, and third-party allies with common interests. Almost half (48%) of internal tobacco company lobbyists had held positions in the Australian government (state, territory and/or federal) before or after working in the tobacco industry. Likewise, 55% of lobbyists acting on behalf of tobacco companies had held government positions before or after working as a lobbyist. In-house tobacco industry lobbyists, as well as those working on behalf of tobacco companies within lobbying firms, were found to have held senior governmental positions, such as a Member of Parliament (MP) or Senator, chief or deputy chief of staff, or senior advisor in a ministerial office, and many had moved into or out of government within 1 year of working for a tobacco company (56%) or as a lobbyist (48%). Conclusions: Tobacco companies are strategically using the revolving door between the government and the tobacco industry as a key political lobbying mechanism to try to influence public health policy in Australia.

Dimitrijević Marko

The process of qualitative evolution of monetary law in modern economic and business circumstances has resulted, among other things, in its transformation from a discipline that belongs to the domain of legal and economic science to a discipline that increasingly takes into account the social needs and problems of ordinary people. The emphasis on a humane approach in the regulation of monetary relations in periods of crisis implies the duty of the Central Bank (as the supreme subject of monetary law) to include a component that measures the impact of the specific Central Bank program, measure or instrument on people's living standard, i.e. the quality of life of monetary users that can to be shaken in times of crisis. If, in addition to monetary law as an independent scientific discipline, there are subjective monetary rights of citizens to a safe and stable domestic currency, the Central Bank (as the bearer of monetary sovereignty) must help them in the circumstances when these rights are temporarily shaken and concurrently work to restore the credibility of the monetary system. Practice has shown that it is possible to achieve these goals by exploiting the potential of soft monetary legislation which is more adaptable the disruptions in the economy and takes more care of the well-being of the individual. The contribution of the subjects of monetary law in the implementation of this approach and success in the smart normative creation of new monetary solutions can differ more or less depending on the level of development of monetary awareness.

Herry Wiyanto

The direction of law development follows the nation’s ideas or goals, which is the formulation to achieve the state’s goal as contained in the Preamble of the 1945 Constitution of the Republic of Indonesia, which is to protect protect the whole people of Indonesia and the entire homeland of Indonesia, and in order to advance general prosperity, to develop the nation’s intellectual life, and to contribute to the implementation of a world order based on freedom, lasting peace and social justice. This paper answers some problems, including How is the essence of academic draft in making laws and regulations in Indonesia, To what extent is academic draft’s contribution as an instrument of the national development and how is the ideal concept of academic draft as the instrument of instrument the national development. The essence of academic draft is the philosophical, sociological and juridical bases of a draft of law and regulation and the assessment and harmonization function and the existence of academic draft are designed as the “catalyst” of a product of legislation to be made so as not to be out of the appropriate principles. Academic draft’s contribution to the current national law development is felt lacking because of the newly required bill making process after 2011 through Law 12 Year 2011 concerning Formation of Laws and Regulations. Besides, academic draft is not yet capable of harmonizing and balancing every interest group in every bill discussion. In the ideal concept, the role of academic draft as the assessment and harmonization in every Bill is capable of preventing overlapping regulation or interest out of the law intervening Bill making for the regulation to remain in the real law corridor. It also needs regulatory arrangement by academic draft arranging team to maintain the objectivity.

Yousif kahdum Jougahle AL-Shemmari يوسف كاظم جغيل الشمري , Methaq Kahdum Hadi AL-Kafagi ميثاق كاظم هادي الخفاجي

Al-gawari and Al-kuhremanat played an important role in social and political life. They shared the man's manifestations of negative and positive AL-Saiya (good and evil) and AL-Wishia from only negative side of evil in isolating and appointing ministers and senior officials in the state. The nature of the research was divided into two chapters. The first topic was: Al-Saiya and AI-Wishia in the language and terminology and from AL-Shara AL-Mokades, including the most important synonyms of the two terms, and the position of the AL-Shara AL-Mokades on this phenomenon in two sources of Islamic legislation: the Quran and Sunnah; Entitled: Al-Saiya and AI-Wishia by Al-gawari and Al-kuhremanat , in which we dealt with some historical incidents in the period of time in question, and concluded the conclusions of the seal of the research is in the forefront: that the phenomenon of the greatest extent of the time of the Abbasid Caliph al-Muqtadir in God (295-320 / 908-932 m) and listed us Sources For references at the end of the search. لعبت الجواري والقهرمانات دوراً هاماً في الحياة الاجتماعية والسياسية, إذ شاطرت الرجلُ في مظاهرِ السِّعاية التي تحمل الجانبين السلبي والإيجابي (الخير والشر), والوشاية التي تحمل الجانب السلبي فقط (الشر), من حيث عزلِ وتنصيبِ الوزراء وأرباب المناصب العليا في الدولة. اقتضت طبيعة البحث تقسيمه إلى مقدمة ومبحثين, جاء المبحث الأول بعنوان: السِّعاية والوشاية لغة واصطلاحاً وموقف الشارع المُقَدَّس منها, بينا فيه أهم مرادفات المفردتين, ثم موقف الشارع المُقَدَّس من تلك الظاهرة في مصدرين من مصادر التشريع الإسلامي وهما: القرآن والسُنة, اما المبحث الثاني فوَسِمَ بعنوان: الحوادث التاريخية للسِّعاية والوشاية الجواري والقهرمانات, تناولنا فيه بعض الحوادث التاريخية في الحقبة الزمنية محل البحث, وخلصنا إلى استنتاجات خُتم بها البحث يقع في مقدمتها: أنَّ تلك الظاهر شهدت أوج عظمتها زمن الخليفة العباسي المقتدر بالله (295-320هـ/908-932م) وأفردنا قائمة بالمصادر والمراجع في نهاية البحث.

Mafalda Pardal, Melissa Bone, Tom Decorte et al.

Cannabis Social Clubs are typically non-profit associations established by adult users of cannabis, which produce and distribute cannabis among their members. Such associations can be found in several European countries and beyond, but with exception of Uruguay, they are illegal or otherwise operate at the margins of domestic drug control legislation, at risk for law enforcement detection. We have conducted several individual and collaborative studies on Cannabis Social Clubs and their key actors (e.g. Cannabis Social Clubs leaders, users affiliated as members, cannabis growers, other stakeholders), primarily drawing on qualitative methods (e.g. ethnographic fieldwork, interviews, qualitative media analyses) but also employing a quantitative approach (e.g. online surveys). In this article, we reflect on the research experiences of the authors in studying Cannabis Social Clubs, providing insights for future research in this area and within criminology and socio-legal studies. In particular, we aim to examine our approaches with regard to the recruitment of participants and research design, identifying good practices, but also discussing what the less successful strategies were. We draw on research conducted since 2014 in different countries, with different legal frameworks, which provides an opportunity for a comparative and more in-depth critical consideration of what might be helpful ways of reaching and researching hard-to-reach populations.

Muh. Fauzan Aries, Slamet Sampurno, Muhammad Ashri et al.

Restorative justice in the juvenile justice system from a legal perspective as a tool of social engineering emerge several similarities and differences of opinion from each law enforcer regarding the implementation of diversion itself. Child investigators, prosecutors, judges and correctional officers are a unit included in a system called juvenile justice system, aimed at tackling juvenile delinquency while at the same time also being expected to provide protection to children who have problems with the law. The results show that the implementation of the principle of restorative justice in the juvenile criminal justice system is preferred to resolve the problem not only through legal settlement. But more than that, it provides an opportunity for the parties involved to determine solutions, build reconciliation as well as build good relations between victims and perpetrators. Legal form in reality (law in action) and legal form as a rule as in legislation (law in book), the ideal goal to be achieved initially departs from the ius constituendum (law aspired) in which the legal goal definitely to achieving justice.

Mykhailo Pitiulych, Iryna Nakonechna

The aim of the article is to study the process of implementation of the institute of mediation in Ukraine and across the world. The subject of the study is mediation institution, analysed from scientific perspectives and on the basis of provisions of foreign and Ukrainian legislation. Methodology. The study is based on general scientific and special-scientific methods and techniques of scientific knowledge. The logical semantic method enabled to determine the content of the concepts of “mediation” and “labour dispute”. The comparative legal method enabled to compare the doctrinal approaches to this issue. The same method enabled to analyse the legislation on the subject matter in the US and leading European countries. The normative dogmatic method enabled to interpret the content of legal regulations of domestic and foreign legislation that regulate the issue of mediation. The systemstructural method enabled to identify the main differences of mediation from other ways of economic dispute resolution. Methods of analysis and synthesis enabled to identify the main purpose of mediation and the main task of a mediator, as well as the key advantages of this institution. The method of legal modelling enabled to develop proposals regarding this institution introduction in Ukrainian legislation. Practical implications. Studies on mediation institution in the US and leading European countries helped to develop recommendations for this institution introduction in Ukrainian legislation, as well as to identify issues requiring further consideration and research. Relevance/originality. The concepts of “mediation” and “greenmail” are defined. The main purpose of mediation and the main task of a mediator, as well as the key advantages of this institution, are identified. In Ukraine, in comparison with other countries, the indecisiveness and inconsistency of the actions of the domestic legislator are stated as the key problem of mediation institution. It is underlined that nowadays-Ukrainian society is ready for this institution’s introduction because mediation is the alternative way of dispute resolution, which enables to solve a number of social and economic problems.

José Julián Espinal Bueso, Enma Mayely Cedillo Velásquez

La práctica de la medicina de trasplante ha sido adoptada, como primera opción terapéutica, para un número creciente de enfermedades orgánicas durante los últimos 50 años. El desarrollo paralelo de formas avanzadas de cuidado en el paciente críticamente enfermo y la necesidad de órganos para trasplante, obligaron a una rápida reconsideración acerca de los criterios para definir la muerte. Diversos cuestionamientos de orden ético se plantean en relación con la asignación de órganos cadavéricos para trasplante, estos puntos de debate adquieren excepcional relevancia en un escenario de enorme demanda de órganos. Se informa sobre la importancia de la actuación del médico forense en la donación y trasplante de órganos. Se proporciona una comparación entre la anterior y la actual legislación hondureña y se indican los avances y limitantes que en relación a los trasplante de órganos presenta Honduras.

Marek Smolak

This paper seeks to demonstrate that certain enactments in democratic countries where the rule of law is well established are inadmissible in view of their imitative nature. Imitative statutes are normative enactments of parliament which aim at an ostensible solution to a social problem. Ostensibility thus comprehended is accompanied by the absence of will on the part of the legislator to achieve any effect of their activity, as their sole intention is to engender a conviction among the addressed of the norms that such an effect actually takes place. The author discusses four types of reasoning in support of rejecting imitative statutes. These are as follows: first, given non-compliance of legislation with the moral standards of the political community (Ronald Dworkin); second, in view of the imitative goal of the legislator, or absence of a link between a prescribed/prohibited behaviour and the ostensible nature of legislator’s goal (Lon L. Fuller); third, the lack of a rational relationship between a legal prescription and the features of the class of subject/objects to which the prescription applies (Ofer Raban); fourth, the lack of a conventional-moral relationship between the substance of a prescriptive provision and the goal of the legislator (Marek Smolak). The author argues further that argumentation based on the above four reasons should presume that public reason is involved and, consequently, administer the test of the reasonable sceptic as suggested by Ron den Otter.

Anna Christina de Almeida, Claudinei Alves dos Santos, Isabela Rocha Menezes et al.

The northern region of Minas Gerais State is characterized as one of the regions of the country where milk has an important economic and social role for the family farming sector. Due to legal requirements, this sector must adjust so that the product will be marketed without bringing risk to the consumers, being, therefore, competitive on the commercial market. The objective of this study was to characterize the productive management generally adopted by the family farms in the municipalities of Bocaiuva, Capitão Enéas, Francisco Sá, and Montes Claros, in northern Minas Gerais, identifying the barriers to the production of milk within the parameters established by the legislation. The production system was evaluated by collecting data from questionnaires and checklists in the different environments involved with the production. The microbiological quality was assessed by enumeration of indicator microorganisms in aerobic mesophiles, psychrotrophic, Staphylococcus sp and coliforms in raw milk, raw refrigerated milk, water and utensils used in the production. The results of microbiological analysis associated with the adopted practices revealed the main cause of milk contamination was the inadequate use or the lack of good hygiene practices in the production system, representing the main obstacle to attend the legal requirements for this product. Keywords: contamination; Good Agricultural Practices; milk quality.

Valentina Rujoiu

Domestic violence has serious implications for the safety and well-being of women and children. Many people continue to find hard to understand why women do not leave their abusers or why they return. In the context of marital rape, the patriarchal basis of marriage were protected when husbands had unlimited sexual access to their wives. Because the law allowed and helped perpetuate sexism, women.s associations, social workers, psychologists, criminal justice professionals demand new legislations to deal with this problem. The article describes the major changes in marital rape legislation in different countries such as Great Britain, Chile, Argentina, Bolivia, Mexico, Australia, France, Germany, Spain, Canada, Austria, Portugal, Sweden, India, China, Russia, Romania.

Dirk Schubotz

The Northern Ireland conflict has been described as one of the most over-researched conflicts in the world. However, this is a relatively recent development. For many years, when the conflict was most intense, social scientists in North­ern Ireland were silent and not vocal. The sectarian violence that dominated the life in Northern Ireland as well as the fact that the country was a funda­mentally unjust society con­tributed to this silence. However, since the peace process began in the mid 1990s, a growing num­ber of qualitative studies have been published, utilising one-to-one inter­views and focus group discussions, in order to "make people's voices heard" and deal with the con­se­quences of the so-called "Troubles". This paper looks into the emerg­ence of a qualitative social research landscape in Northern Ireland beyond the conflict and explores issues so far neglected. It is argued that a number of factors have con­trib­uted to this, among them the availability of research funding to voluntary and community sector organ­isations that use their data to influence policy-making and equality legislation in a country which is still deeply divided along socio-religious lines. URN: urn:nbn:de:0114-fqs0503293