Hasil untuk "Public law"

Lihua Wu, Tianshun Ma, Yuanchao Bian et al.

The improvement of regional environmental quality (REQ) not only requires local governments to adopt environmental investment, legislation and law enforcement, but also requires the coordination of government environmental governance and public participation. This study analyses the impact mechanism of government environmental governance, public participation and their coordinated effect on the improvement of REQ, which is a comprehensive indicator measured by the emission of waste gas, waste water and waste solids. After empirical analyses using sample data from 30 provinces in China, the results show that, REQ has been increasingly deteriorating; the effects of government's environmental investment, legislation and law enforcement on REQ improvement are significantly positive, and public participation also helps to stimulate REQ. There also exists a coordinated effect between government environmental governance and public participation. Compared with citizen participation, environmental non-government organisations' participation has a more significant positive effect on REQ improvement. Finally, the influence of government environmental governance and public participation on REQ has significant spatial heterogeneity. The conclusions above can provide inspiration for Chinese government to improve the environmental governance system, which is good for the improvement of REQ.

Fatima Zahra Ramdani, Mohamed Merzouki, Laila Lahlou et al.

In Morocco, the legislation of cannabis marks a significant political shift that warrants thorough analysis. This study aims to identify the attitudes of young Moroccans towards the new cannabis regulations and their perceptions of its future consequences. A questionnaire was administered to a sample of 4040 participants, including high school and university students in southern Morocco. The results revealed that females were significantly more likely to be opposed to medical cannabis use (MCU) compared to males and believed more strongly that the law would discourage users from abstaining. Additionally, females were significantly more likely to be against the recreational use of cannabis (RCU). In contrast, tobacco smokers, cannabis users, and participants with depression were more favourable towards MCU legislation. Further studies on young people’s perceptions of cannabis and its effects remain crucial for public health and prevention policy-makers.

Muhamad Hanif Rifayandhi

The urgency of this research is to inform the public that arisan online agreements are a form of legal action in the electronic realm that can be held accountable. Arisan online is highly important because human life today is closely tied to the virtual world, which will provide society with deeper knowledge about electronic transactions in the form of arisan online. The research approach is normative juridical. This study's novelty lies in discussing the importance of specific regulations for arisan online orally, which often occur with technological advancements and are usually conducted directly or in writing based on the Civil Code and the UU ITE. This study offers novelty by discussing the importance of specific regulations for arisan online, which are currently conducted verbally due to technological advancements. Previously, arisan was predominantly carried out in person and in written form. This is based on the Indonesian Civil Code and the UU ITE. The legal consequences of default in arisan online agreement include compensation (Article 1243 of the Civil Code), cancellation o(Article 1266 of the Civil Code), and payment of court fees if the case is brought to court (Article 181, paragraph 1 of the H.I.R.). By understanding these two aspects, this study provides input for legal practitioners in the field of electronic transactions and enhances the development of legal knowledge, particularly civil law. Penelitian ini bertujuan mengkaji kekuatan hukum perjanjian arisan online dan akibat hukum wanprestasi dalam perjanjian arisan online dikaitkan KUHPerdata dan UU ITE. Perjanjian arisan online merupakan kegiatan yang sedang digemari oleh semua golongan. Pada awalnya arisan dilakukan secara tatap muka, seiring dengan perkembangan teknologi arisan dapat dilakukan secara online, namun seringkali terjadi wanprestasi. Urgensi penelitian ini adalah masyarakat dapat mengetahui bahwa praktik arisan online merupakan salah satu perbuatan hukum dalam lingkup elektronik yang dapat dipertanggungjawabkan. Arisan online memiliki urgensi yang sangat penting karena kehidupan manusia pada saat ini sangat berkaitan erat dengan dunia virtual sehingga akan memberikan pengetahuan baru yang lebih mendalam mengenai kegiatan transaksi elektronik berupa arisan online pada masyarakat. Metode pendekatan penelitian ini adalah yuridis normatif. Penelitian ini memiliki kebaharuan yaitu membahas mengenai pentingnya regulasi khusus dalam praktik arisan online saat ini dilakukan karena adanya perkembangan teknologi yang biasanya dilakukan secara langsung dan secara tertulis dengan didasari KUHPerdata dan UU ITE. Hasil penelitian ini menunjukkan bahwa kedudukan perjanjian arisan online yang dilakukan melalui sistem elektronik adalah sah dan mengikat kedua belah pihak dengan memenuhi syarat sah dan unsur perjanjian dalam Pasal 1320 KUHPerdata dan Pasal 15 ayat 1 UU ITE. Akibat hukum apabila terdapat wanprestasi dalam perjanjian arisan online meliputi ganti rugi (1243 KUHPerdata), pembatalan perjanjian (1266 KUHPerdata), dan pembayaran biaya perkara jika diperkarakan di pengadilan (181 ayat 1 H.I.R.). Diketahuinya kedua hal tersebut memberikan masukan bagi para praktisi hukum dalam lingkup transaksi elektronik dan menambah pemahaman pengembangan ilmu hukum khususnya hukum perdata.

Alisa Muharemagić

Aim: The aim of the research was to assess the state of library activities and provide recommendations for improvement in accordance with the Library Activity Law of Tuzla Canton and international standards. Methodology: The methodological approach is entirely innovative and the first of its kind in Tuzla Canton, and it can serve as a model for other cantons in the Federation of Bosnia and Herzegovina. This methodological approach combines: quantitative analysis (statistical data, numerical indicators), qualitative assessment (field visits, interviews), formalized documentation (minutes with recommendations), and systematic monitoring of implementation. Results: The result of the analysis of the collected data indicates significant deficiencies in the functioning of libraries, including inadequate funding, insufficient number of professional staff, and weak connectivity with modern library-information systems, as prerequisites for compliance with legal regulations. Social significance: By achieving social significance, it is expected that this work will encourage similar initiatives in other cantons, serve as reference material for policy makers, contribute to the standardization of approaches to coordinating library services in Bosnia and Herzegovina, and be cited in future library research, as the work proposes specific measures to improve the overall state of libraries and their integration into the COBISS system. Practical application: From a practical application perspective, the work proposes systemic measures through urgent, medium-term, and long-term interventions, including increasing budgetary expenditures, technological modernization, and staff strengthening. Originality: This professional paper represents the first comprehensive analysis of the state of the library network in Tuzla Canton based on professional supervision conducted in the period 2023–2024. The research covers 22 libraries of different types: nine public libraries, three special libraries, and thirteen organizational units of the University Library, as well as continuous monitoring of over 131 libraries through dossiers.

Rafiq Gheddar

As Islamic banks grow and evolve, pricing methods for their services have become essential to study and implement. This study highlights the significance of understanding the factors influencing Islamic banking service pricing in Algeria. The study aims to analyze how Islamic banks price their services, with a focus on cost, market, and value strategies. Additionally, it seeks to evaluate and recommend ways to enhance the current practices of banks operating in the national market. Algeria is experiencing rapid growth in Islamic banking, making it an ideal location to study this subject. The country is home to two Islamic banks, Al Baraka Bank and Al Salam Bank. Algeria was selected as a new market to allow the findings to be applicable to similar situations elsewhere. The research utilizes secondary data obtained from available information on Islamic bank service fees, comparing them with those of traditional banks. It also conducts financing simulations in both banks and compares them with the traditional theoretical framework. Data was gathered from various sources, including bank websites, annual reports, and previous studies. The research reveals that Algerian Islamic banks do not prioritize scientific methods in pricing their services. The results suggest that these banks operate within a traditional framework under the oversight of the central bank. The central bank's rules depend on the prices of services conventional banks offer. This shapes how customers perceive these banks as representatives of Islamic banking. Islamic banks can utilize the study's results to develop pricing strategies that are more effective and compliant with Islamic law. Regulators can utilize these findings to formulate enhanced policies to bolster the Islamic banking sector. The results also assist researchers in delving deeper into the realm of Islamic banking service pricing. This study refutes the hypothesis that Algerian Islamic banks have enhanced the efficiency of their service pricing by adopting models in line with Islamic finance principles, such as profit-sharing, while considering market conditions and service value. They should embrace more pragmatic and beneficial pricing strategies that align with Islamic law, cater to customer needs, and enhance their competitiveness and value in the national banking market.

I. S. Sushilnikov

The relevance of the study is due to the importance of the question of the legal nature of such a young institution as an experimental legal regime. The author presents theoretical developments in the field of studying the constitutionality of experimental legal regimes, their relationship with the norms of the Constitution of Russia, dedicated to regulating the principles of a legal, democratic, federal state, support for competition, free use of one’s abilities and property for entrepreneurial and other economic activities not prohibited by law, the unity of economic space on the territory of the Russian Federation, the inadmissibility of restricting constitutional rights and citizens’ freedoms, legality and equality of all before the law. The article analyzes the relationship between the experimental legal regime and the partnership of entrepreneurs and authorities. An attempt is made to analyze the correlation between the experimental legal regime and the delegation of public powers to private individuals. The author, appealing to the judicial practice of the Constitutional Court of the Russian Federation, concludes that the experimental legal regime is based on the articles 1, 3, 8, 19, 29, 34, 55 and 75.1 of the Constitution of Russia.

Cristina Alonso Salgado

Stanislav Fedorenko, Lesya Vasylenko, Yuliia Bereznytska et al.

The development of environmental management in Ukraine is determined by the urgent need to overcome environmental problems and ensure the environmental safety of society, especially under the conditions of martial law. Today, the domestic economy is three times more resource-intensive than the world economy, the technological base and infrastructure complex of public production are rapidly wearing out, which leads to a decrease in the level of technological and environmental safety. Environmental management is related to the national economy and forms information about the need to use natural resources when promoting effective development. A comprehensive project-targeted approach to the development of new forms of ownership and market economy reflects the interrelationship of all parts of the nature management project. The development of the scientific foundations of nature management is facilitated by the formulation of a general plan for the placement of productive forces. The ecological situation in Ukraine has long been called a crisis. In recent decades, new scientific directions have appeared, the result of which have been new ideas about human, society and nature and their coexistence. One of these directions is environmental management, which today is the ideology of production activity management, as it provides an effective toolkit for solving current problems and preventing the emergence of new production environmental and economic issues.

Eriko Fahri Ginting, Dian Agung Wicaksono

Undang-Undang Nomor 2 Tahun 2018 tentang Perubahan Kedua Atas Undang-Undang Nomor 17 Tahun 2014 tentang Majelis Permusyawaratan Rakyat, Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, dan Dewan Perwakilan Rakyat Daerah, telah memberikan kewenangan kepada Dewan Perwakilan Daerah (DPD) untuk melakukan evaluasi dan pemantauan terhadap Perda dan rancangan Perda. Hal tersebut mengindikasikan adanya dualisme kewenangan evaluasi rancangan Perda  antara  Pemerintah  Pusat  dengan  DPD.  Penelitian  ini  berfokus  menjawab  pertanyaan: (a) bagaimana kewenangan pengawasan rancangan Peraturan Daerah dalam sistem hukum Indonesia? (b) bagaimana implikasi dualisme pengawasan rancangan Peraturan Daerah terhadap kepastian hukum pengawasan rancangan Peraturan Daerah dan pengaturan kewenangan urusan pemerintahan yang menjadi domain pemerintahan daerah? Penelitian ini bertujuan untuk menelaah konstruksi pengawasan rancangan Perda dan implikasi dualisme pengawasan rancangan Perda antara DPD dan Pemerintah Pusat. Penelitian ini merupakan penelitian hukum normatif, dengan menganalisis data sekunder berupa peraturan perundangan-undangan dan literatur terkait dengan pengawasan rancangan Perda, khususnya terkait evaluasi rancangan Perda. Hasil penelitian ini menunjukkan bahwa kewenangan pengawasan rancangan Perda oleh DPD secara normatif telah memperluas lingkup rancangan Perda yang dapat dievaluasi, dengan beberapa catatan hukum yang perlu diperhatikan dalam pelaksanaan kewenangan tersebut.

Uliana Nikonenko, Tetyana Medynska, Oleksandr Bilotskyi et al.

Purpose – the main purpose of the study is to analyze the institutional factors that are usually considered as components of economic freedom, as well as to assess the level of economic freedom as a prerequisite for improving structural proportions and stimulating the investment process in an economy with excess raw materials sector (such as Ukraine). Research methodology – the methodological basis is a system of complementary mathematical, general scientific and special methods, in particular system-structural comparison of retrospective, diagnostics and mathematical methods of studying possible dependence, general methods of analysis and synthesis, etc. Findings – the main result of the study is that increasing the degree of economic freedom in Ukraine contributes to structural shifts in favour of non-resource exports. Research limitations – our assessment methodology does not take into account the specifics of most European countries and is mainly aimed at countries of Eastern Europe so far. Practical implications – our proposed methodology for assessing the dependence of structural changes in a country’s exports on the economic freedom index IEF can be used in the practice of public administration in countries of such countries as Ukraine and others. Originality/Value – a proposed method for estimating the dependence of structural changes in Ukrainian exports on the IEF Index of Economic Freedom.

Claudia Man-yiu Tam

As law schools in Hong Kong begin to integrate experiential learning into their educational models, clinical legal education (CLE) has symbiotically gained traction as an effective way for students to apply their legal knowledge in a skills-based and client-centered environment. This empirical study is the first of its kind to evaluate the impacts of CLE at The University of Hong Kong (HKU) over the past ten years, by analyzing the survey responses provided by 125 law students regarding their attitudes towards and experiences of CLE. The article traces the birth and development of CLE at HKU, turning first to its theoretical basis to make the case for its importance, and placing emphasis on the ability of CLE’s teaching-service pedagogy to alleviate the public interest law deficit and supplement passive learning as an engaging instructional method in the Hong Kong context. The survey results are then discussed in light of the doctrinal analysis to illustrate that clinic and non-clinic students alike are generally satisfied that HKU’s CLE program has achieved its skills, cognitive, and civic aims, and notably, that clinic students had a statistically significant higher intention to participate in pro bono work after graduation than non-clinic students or students engaged in volunteering.         

Roman Vybíral

As regards the fight against tax evasion individual states do not act isolated, on the contrary the key role is being played by international organisations. Because of the wide fiscal sovereignty of states such cooperation takes many forms and outputs. On the one hand, this article aims to identify areas within which the fight against tax evasion occurs. Furthermore, it aims to analyse the development and current status of important international organisations that fight against tax evasion and to present their selected outputs.

Saulo Cerqueira de Aguiar Soares

The article deals with the impacts of the new Civil Procedure Code of 2015 on the labor process, based on neoprocessalism, valuing its interpretation with a focus on the Federal Constitution. As a general objective, the study sought to channel a questioning look at the alterations of the novel common procedural code in the labor process, reflecting on innovations and applicabilities. As for the methodology employed, this is characterized as a theoretical-documentary investigation from a doctrinal and legal perspective. At the end of the research it was concluded that the reflexes of the Code of Civil Procedure of 2015 in the labor process were significant, and it is up to labor jurisprudence to promote its improvement, in harmony with the preservation of legal security, an essential condition in a democratic society.

A. A. Glukhova, A. A. Iudin, D. A. Shpilev

Objective: on the basis of sociological research, to determine the level of confidence in police among the population of Nizhny Novgorod region and to measure the subjective assessment by citizens of the degree of protection from criminal attacks. Methods: general scientific (analysis, systemic-structural approach to the analysis of research object, comparative-legal), as well as logical methods and the special scientific method (questionnaire method - questioning of residents of Nizhny Novgorod region).Results: the characteristics of the process of actual interaction between citizens and police are identified and classified; the attitude to police and the level of trust in police in general and in certain areas of their work in various categories of the population are identified; the typology of population groups depending on their concepts about police functioning is carried out. Scientific novelty: for the first time, the article discusses public opinion of the Nizhny Novgorod region residents about police officers; the actual characteristics and interaction between citizens and police are revealed; proposals and practical recommendations were formulated for adjustment of the work of territorial bodies of the Ministry of Interior with the aim of increasing the level of their credibility with the population. Among them are: a) to improve the efficiency of propaganda of the police work results in mass media, including the work with citizens’ claims, disclosure and investigation of crimes, especially those which caused a broad public resonance; b) to inform citizens and police officers about the social importance of the activities of Internal Affairs bodies and internal troops for ensuring public order, prevention, suppression, disclosure of crimes and offences; c) to expand the number of journalists specializing in law-enforcement issues; d) to simplify the procedure for receiving claims from citizens about small and medium crimes with the use of modern technologies (the possibility of electronic claims through specialized portals or applications); d) to continue explaining to citizens the advantages and possibilities of use the “Safe city” application for crime prevention in public places and increasing the effectiveness of police officers for suppression, disclosure and investigation of crimes in hot pursuit.Practical significance: the results of the study reveal the essential characteristics of public opinion about the police officers’ image. These characteristics can be used as a tool for shaping the image of law-enforcement officers. The guidelines are developed for improving the analytical support of activity of divisions of the Russian Ministry of Internal Affairs in Nizhny Novgorod region and territorial bodies of the Russian Ministry of Internal Affairs deployed in the region, to increase the level of credibility among the population.

Tomasz Famulski

The aim of this article is to identify the relation between transaction costs and the law, both on theoretical and practical grounds. In literature various approaches on the issue of transaction costs are presented, but it was Ronald H. Coase’s discovery and explanation that turned out to be one of the most crucial determinants of the development of Law & Economics. Thereby, the findings of economics on the issue of transaction costs are interfuses L&E as a jurisprudential movement. Detailed analysis of selected current Polish legal regulations lead to a conclusion that some of those regulations generate transaction costs, while other limit the ability to transact. Concurrently, legal regulations that foster reduction of the level of transaction costs are indentified. In general conclusion it can be asserted that the previous assumption – legal regulations can affect transaction costs in both positive and negative way – is true.

О. В. Кононова

Problem setting. The need for the emergence and development of the law of information security explained by the need to organize social relations that occur between individuals and legal entities, citizens' associations and public authorities for creating, collecting, receiving, storage, use, distribution, security, information security. For the implementation of public policy at the National Security and Defense Council of Ukraine has interdepartmental committee on information policy and information security, which is an advisory body. Meanwhile, freedom of information is not only determining natural right (freedom) rights, it is the basis of building a free information society, which can not happen without the full freedom of information their citizens. Analysis of recent publications and sources. Research practical implementation of business entities in different sectors of the national economy have been the subject of many studies such as lawyers: A. M. Vinnyk, D. V. Zadyhaylo, G. L. Znamenskii, V. K. Mamutov, V. M. Pashkov, A. P. Podtserkovnyy, V. A. Ustimenko, V. S. Shcherbina more. However indication scientists did not pay enough attention to the peculiarities of economic activities and broadcasting organizations providing information security in carrying out such activities. Formulation purposes. The purpose of this paper is to organize social relations that occur between individuals and legal entities, public associations and public administration for creating, collecting, receiving, storage, use, distribution, security, information security, and studies of private and public andlegal rules aimed at streamlining public relations information security. 2 The main material. One way of ensuring information security in the area of broadcasting is to provide public information policy by creating custom reports and reports on the most important measures in this area of the state, of direct television and radio streams on the activities of public bodies operating information policy of systematic problem, thematic TV and radio programs that require processing procedure for funding NGOs broadcasting lighting activities of state and local governments. Prospects for the state information policy in Ukraine broadcasting primarily be related to the development of international information, the formation of an international information space. The basic principles of broadcasting regulation enshrined fundamental documents of the European institutions. For the EU, this principle is the freedom to provide services, and for the Council of Europe - the right to freedom of expression. Questions mechanisms of information exchange between state and society and between the public and private media for Ukraine in recent years is relevant. This refers to the need to introduce the concept of a unified state propaganda and increased state control over the circulation of information, the return of state capacity sufficient to inform the public about their goals and intentions. Conclusion. Thus, a key element of the concept of "information security" is national interests that unite these components of national security: 1) avoid potential interference with the information system and the information stored therein; 2) prevent the manifestation of freedom of speech and access to information; 3) preventing the spread of media cult of violence, cruelty, pornography; 4) prevent computer crime and computer terrorism; 5) to prevent the disclosure of information of state or other provided by law, secret and confidential information that is publicly owned or directed at the needs and national interests of society and the state; 6) prevent attempts to manipulate public opinion, including through dissemination of false, incomplete or biased information; 7) preventing the disclosure of information resources, violation of the integrity or malfunction of the device.

Mart HIOB, Nele NUTT

<p>Spatial planning in Eastern Europe has gone through major changes during the years after the Soviet occupation ended around 1990. New planning standards were eagerly accepted but the practice was often carried out in a socialist manner. This article gives an overview of planning law and practice in Estonia during the transition period. The example presented is a district in Tartu, the second largest city of 100,000 inhabitants. The article analyses different master planning documents covering the whole district and compares both their process of compilation and their content to former Soviet era plans. The conclusion is that the transition from socialist to inclusive planning in Estonia has taken at least two decades, and the process is still not fi nished. This shows that the legal framework alone is not suffi cient to transform planning practice – a new ideology has to be accepted by the specialist as well as the politicians and the general public.</p>

I. V. Fatianov

The paper addresses the law-making experiments, which were conducted with the reform of local government in the late 1990s – early 2000s. The author explores the process of their implementation, as well as the impact of legislative experiments on the current state of some municipalities.

J. Lott, W. Landes

C. Sunstein