Reforming post‐Communist bureaucracies: The effect of transitional justice

Observers of post‐Communist politics recognize that civil service reform, an important part of the institutional transformation in Eastern Europe, was initiated at a very uneven pace. Hungary and Poland adopted changes quickly after the fall of Communism, while Romania and Slovakia waited longer. How can one explain the timing of civil service reform after 1989? Previous research blames a number of factors but inconsistencies between predictions and actual outcomes warrant a more thorough investigation. What has been overlooked, we argue, are the policies of transitional justice that altered the costs and benefits for elites to keep the institutional status quo. The empirical analysis reveals that when in place, lustration by vetting of public officials reduced the likelihood of passing a civil service reform act. This effect is conditioned by the legislative strength of ex‐Communist parties, as demonstrated by results from logistic regression tests on data from 11 countries.     

Russian data retention requirements: Obligation to store the content of communications

This paper presents an analysis of Russian data retention regulations. The most controversial point of the Russian data retention requirements is an obligation to keep the content of communications that is untypical for legislation of European and other countries. These regulations that oblige telecom operators and Internet communication services to store the content of communications should come into force on July 1, 2018.The article describes in detail the main components of the data retention mechanism: the triggers for its application, its scope, exemptions and barriers to its enforcement. Attention is paid to specific principles for implementation of content retention requirements based on the concepts of proportionality, reasonableness and effectiveness.Particular consideration is given to the comparative aspects of the Russian data retention legislation and those applying in different countries (mainly EU member states). The article focuses on the differences between the Russian and EU approaches to the question of how to strike a balance between public security interests and privacy. While the EU model of data retention is developing in the context of profound disputes on human rights protection, the Russian model is mostly concentrated on security interests and addresses mainly economic, technological aspects of its implementation.The paper stresses that a range of factors (legal, economic and technological) needs to be taken into account for developing an optimal data retention system. Human rights guarantees play the key role in legitimization of such intrusive measures as data retention. Great attention should be paid to the procedures, precise definitions, specification of entitled authorities and the grounds for access to data, providing legal immunities and privileges, etc. Only this extensive range of legal guarantees can balance intervention effect of state surveillance and justify data retention practices.     

Genetic structure among 38 populations from the United States based on 11 U.S. core Y chromosome STRs

A DNA database consisting of the 11 Y chromosome short-tandem-repeat (Y-STR) recommended by the Scientific Working Group on DNA Analysis Methods is constructed for 2517 individuals from 38 populations in the United States. The population samples derive from five ethnic groups currently living in 10 states. A multidimensional scaling (MDS) plot places the populations into four discrete clusters (African Americans (AA), European Americans (EA), Hispanic Americans (HA), and Asian Americans (SA)) and one dispersed cluster of Native Americans. An analysis of molecular variance (AMOVA) indicates that a large proportion of the total genetic variance is partitioned among ethnic groups (24.8%), whereas only a small amount (1.5%) is found among-populations within ethnic groups. Separate AMOVA analyses within each ethnic group show that only the NA sample contains statistically significant among-population variation. Pair wise population differentiation tests do uncover heterogeneity among EA and among HA populations; however, this is due to only a single sample within each group. The analyses support the creation of AA, EA, HA, and Asian American databases in which samples from different geographic regions within the United States are pooled. We recommend that separate databases be constructed for different NA groups.     

General practitioners' competence and confidentiality determinations with a minor who requests the oral contraceptive pill

The right of minors to make medical treatment decisions is an issue that is not explicitly addressed in the legislation of most Australian jurisdictions. While recent common law decisions allow competent minors to consent to treatment, current legislation in Victoria does not provide adequate guidelines on how competence is to be measured. It is also unclear whether the duty of confidentiality is extended to competent minors. The current study explored general practitioners' competence and confidentiality decisions with a hypothetical 14-year-old patient who requests the oral contraceptive pill (OCP). Questionnaires were sent to 1,000 Victorian general practitioners, 305 of whom responded. General practitioners were asked to determine whether "Liz" was competent to request the OCP, and whether they would maintain her confidentiality. A total of 81% of respondents found the patient competent, while 91% would have maintained her confidentiality. Results indicate that the majority of general practitioners used rationales that generally did not conform to current legal principles when making competence and confidentiality determinations regarding this patient.     

Accountability in Governance: The Challenge of Implementing the Aarhus Convention in Eastern Europe and Central Asia

The signing of the 1998 UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) radically extended international law on transparency and accountability in environmental governance. For the countries of Eastern Europe, Caucasus and Central Asia (EECCA) that have now ratified, the Convention could prompt profound democratic changes. This article, based on the authors' experiences, analyses changing cultures of governance in EECCA countries. The first so-called pillar of access to information sets in place rights that directly contradict the fundamental secrecy of the former Soviet Union countries. Some officials' reluctance to share environmental information may also be linked to the economic duress of the current transition period, where information may be an official's only asset. The second pillar of public participation also poses difficulties for officials for whom the highest praise is to be considered a professional. In their belief that no one knows better than they do, they are reluctant to spend time and resources to make decision-making transparent and to involve the public. The third pillar of access to justice breaks new ground for post-socialist countries still developing their judicial systems. Though several highly sophisticated NGOs have been successful in using courts, it remains difficult for an ordinary EECCA citizen to bring an environment-related legal action. Changing these attitudes and practices will be a long and troublesome process. The Aarhus Convention will not be truly implemented until openness, transparency and accountability in environmental decision-making become everyday habits.     

Assessing the Effectiveness of International Environmental Agreements: The Case of the 1985 Helsinki Protocol

The last few decades have been marked by the emergence of a number of environmental protection regimes in the international arena. We know little about the effectiveness of these regimes, however, largely because such evaluations face the formidable obstacles of a scarcity of time series data on environmental quality, a complex mix of nonpolicy factors that affect environmental quality, and the fact that participation in nearly all international environmental agreements is voluntary, which means that policy effectiveness must be estimated from self-selected samples. In this article we assess the effects of the 1985 Helsinki Protocol for reducing sulfur dioxide emissions in Europe, paying particularly close attention to the obstacles noted above. We find that while nations ratifying the Helsinki Protocol have experienced significant emission reductions, the protocol itself has had no discernible effect on emissions. We end the article by discussing the implication of these results for the effectiveness of international environmental regimes in general .     

The Journey to Comprehensibility: Court Forms as the First Barrier to Accessing Justice

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The article explores the comprehensibility of court forms by providing a quantitative overview...