Design for poverty alleviation and craft revitalization in rural China from an actor-network perspective: the case of bamboo-weaving in Shengzhou

Design for poverty alleviation (DPA) is becoming an active promoter and effective practice form of rural social innovation. This study aims to explore the sustainable, collaborative design path of rural poverty alleviation. Based on actor network theory, this study analyzes the poverty alleviation process of rural actor network construction and participatory translation through the perspective of design integration. The case study chooses the traditional Chinese handicraft, Shengzhou bamboo weaving, to discuss the key links and elements of sustainability such as the role, benefits, and interaction of multiple actors. The staged effectiveness and social impact of the design integration are evaluated by questionnaire surveys, in-depth interviews, qualitative and quantitative data collections, a logistic regression model was used to test for significant effects while adjusting for multiple factors simultaneously. The analysis shows that although DPA is difficult to realize the fundamental adjustment of the rights and interests of rural craftsmen, it plays a key role in guiding the development of industrial goals, expected economic and social benefits, brings huge driving force and implementation effect to rural social innovation. The actor network theory solves the problem of separation between the individual and network attributes of DPA among stakeholders, and provides an innovative basis for rural social innovation to choose effective design intervention and mechanisms to balance the rights and interests of various stakeholders.

Criminal protection of children's life and health: international experience

Through a documentary methodology, the article examines the characteristics of the criminal protection of the life and health of children in Ukraine and some other countries. The problem of determining the time of the beginning of the protection of a child's life and health, is analyzed in the light of the European experience. It is noted that in Ukraine it is necessary to recognize the right to live of the child at any stage of fetal development, to ensure the criminal protection of the child before birth. This approach is enshrined in several international legal acts, as well as confirmed by legal guarantees in the legal systems of many countries around the world. In addition, the article analyzes criminal law measures to guarantee the rights and interests of the child under modern Ukrainian law. The list of socially dangerous acts against minors is a result, so reinforced criminal liability is provided for considering the interests of minors. It has been concluded that in all post-Soviet countries the components of crimes against a person's health, considering the legislator's reaction to causing harm to the health of children during their commission, are clearly divided into three separate groups.

Aspects of Expanding the Interaction between the State and Civil Society

The aim of this study was a holistic analysis of aspects of expanding the interaction between the state and civil society on the example of the experience of foreign countries, namely Austria, Belgium, France, Italy, and Poland. The research involves such methods as sociological analysis, systemic and case study methods, structural and comparative methods, as well as the dialectical method. The factors of expanding the interaction of the judiciary as a representative of the state, which protects the rights and interests of civil society, were identified in accordance with the results of the study. As a result, conclusions were drawn on the need for the judiciary, as a representative of the state, to use methods to expand the interaction between the state and society, in the person of every citizen. The use of those factors in relation to such interaction will further help increase public confidence in the state, which will ensure effective protection of the rights and interests of society.

National development strategies in terms of ensuring environmental rights and interests: Comparative approach

The study is devoted to scientific and theoretical analysis of the principles of state activity in the development of national policy in the context of ensuring human’s environmental rights and interests, the creation of effective legal mechanisms for their guarantee, exercise, and protection, solving systemic issues in this area. The purpose of the study is a comprehensive examination and analysis of legislation from the standpoint of greening national and foreign policy, national development strategies. The methodological basis of the study is a set of general philosophical, general scientific, special scientific, and legal methods. It is proposed to consider greening as a multifaceted phenomenon. In general, the state environmental policy is a component of state policy, which fixes its strategic goals and objectives, defined for the future, considering environmental factors. It is proved that at the legislative level there should be clear mechanisms for the legal support of integration of environmental policy into sectoral, national, and regional strategies, local action plans, and interaction with civil society institutions, the scientific community. It is argued that modern state environmental policy and further systematisation of environmental legislation should be based on the provisions of environmental law doctrine to consider modern approaches to environmental regulation, integration of environmental requirements and regulations to state planning, sectoral, regional, and local development. Based on conducted research and synthesis, proposals and recommendations for the development of a unified concept of legal policy, in particular, environmental legal policy as its component, also, for the improvement of national regulatory framework (namely by adopting the Concept of systematisation of environmental legislation and modernisation of the contemporary strategy of state environmental policy) are elaborated

Derivative Lawsuit in Ukraine: The Issue of Improving Legal Regulation

Background: Some jurisdictions provide for the right of members of a corporation to sue on its behalf and in its interests. This remedy is called ‘a derivative action’ (derivative lawsuit), and the right to file such a lawsuit is granted to a company’s members in case the wrongdoers are in its control, preventing the company from taking actions to protect its rights and interests – which is detrimental to the interests and rights of minority shareholders. However, derivative lawsuit’s regulation differs in each jurisdiction despite sharing common features, raising a variety of issues to be resolved. Methods: In this article, the author points out several issues and their possible solutions, which could be implemented in Ukrainian legislation: property qualification by itself cannot prevent abuse in filing a derivative lawsuit – extended ‘locus standi’ has to be implemented; holders of preferred shares have to be granted the right to file a derivative lawsuit; property qualification has to be substituted with a representation quota for members of non-entrepreneurial corporations; the circle of defendants should include major members (majority of members) and third parties, etc. Results and Conclusions: The concepts of a preventive derivative lawsuit and a derivative lawsuit for the invalidation of a company’s transaction and possible issues regarding them are analysed. Additionally, the necessity for implementing a ‘business judgement rule’ is emphasised.

Media coverage of climate change induced migration: Implications for meaningful media discourse

This article focuses on how the construction of ‘migrant’ and ‘refugee’ as a social threat is involved in the specific ways in which climate change induced migration is communicated in Western media. It puts a spotlight on a major drawback of climate policies: the failure to make room for the issue of climate migration. The article explores how a climate justice frame would allow the evolution of conceptual perspectives that are more conducive to safeguarding vulnerable communities’ rights and interests.

Whether the possibilities of interrogation as a form of shaping evidence in criminal proceedings have been exhausted?

The article analyzes the formation of the institution of interrogation as an investigative action, which is a procedural way of obtaining information from an interrogated person about the circumstances of a criminal offense. The process of legislative development is highlighted, by which the investigator’s relationship with the person being interrogated are controlled. The kind of regulation also depends on latter’s procedural status (witness, victim, suspect, accused). It is noted, that now created reliable legal safeguards to protect the rights and interests of the interrogator, appropriate scientific recommendations for the use of tactical interrogation techniques to obtain complete and objective testimony as sources of evidence have been developed. Recently, problematic issues like relation of interrogation and procedural interview, which scientists and practitioners have been paying a certain amount of attention to, were discussed. Attention is drawn to the lack of unanimity in the definition of the procedural interview. The inadmissibility of calling such an interview a procedural action is emphasized, since it is not enshrined in the current CPL of Ukraine as a procedural action. It has been proven that the structure of the procedural interview, which is proposed by certain authors, fully coincides with the structure of interrogation as an investigative action. The expediency of the study of foreign experience in detection and investigation of crimes, its comparison with the current practice of law enforcement agencies of Ukraine and, in the board of actual expediency, the introduction into the activities of investigative and operational units of law enforcement agencies is stated.

THE RELIEF PROVIDED TO A COMPLAINANT UNDER SECTION 163(1)(a) OF THE 2008 COMPANIES ACT: AN EXAMINATION OF THE CRITERION WITH REFERENCE TO PEEL v HAMON J&C ENGINEERING (PTY) LTD

The remedies in favour of minority shareholders that have developed over the years have been informed by the discriminatory manner in which the proper-plaintiff rule has been applied within the management of companies, in disregard of the rights and interests of minority shareholders. Broadly, section 163(1) of the Companies Act 71 of 2008 accords shareholders or directors of a company three circumstances in which they have rights to apply to court for relief. One ground for application is that an act or omission of a company, or a related person, has had a result that is oppressive or unfairly prejudicial to, or that unfairly disregards the interests of, the applicant. From the contemporary debates and court decisions consulted, it is clear that the criterion that complainants must satisfy under section 163(1) – “any act or omission of the company, or a related person, has had a result”, – and the manner in which parties must go about meeting such criterion, is not yet settled. The intention of this paper is to analyse and examine this criterion. The paper seeks to contribute to the debate by using the case of Peel v Hamon J&C Engineering (Pty) Ltd as the point of reference. The case is pertinent because it touches on all the elements that must be satisfied under section 163(1). Secondly, much as the decision is supported, it seems an error of law was made in one aspect of the decision.