Auswahl der wissenschaftlichen Literatur zum Thema „Action for protection against unlawful interference“

Air transport consists in moving people or goods by air. Aircrafts, known as the main means of air transport, can be divided into two categories: airplanes and helicopters. Such transport is the most modern and the most dynamically developing branch of transport. It is also considered to be the safest mode of transport, even though, for various reasons, aviation accidents still occur. Security in aviation has various connotations. According to the International Civil Aviation Organization (ICAO), it is a state in which the possibility of damage to persons or property is minimized and is maintained as part of a continuous process of hazard identification and safety risk management at an acceptable level or below this acceptable level. Aviation security includes flight safety and aviation security against acts of unlawful interference. There is a significant difference between the meaning of "safety" and "security". The first of these concepts means preventing unintentional damage, while the second refers to the procedures undertaken in order to prevent deliberate damage resulting from an intentional act. As it appears from the abovementioned information, the immovable part of aviation safety is aircraft protection, including the protection of civilian airports. The aim of the article is to draw attention to the problems of air transport security, including the security of airports, related to the evolution of threats and the functioning of the airport security system. The problem that the authors address is expressed in a question: in what directions should the current solutions in the field of air transport security be improved in order to effectively prevent acts of unlawful interference in the future? Theoretical research methods, such as the analysis and synthesis of information contained in literature and source materials, inference, comparison, were used to develop the article.

Purpose This paper aims to examine the anti-corruption policy of the Federal Executive Council of Nigeria, to determine whether the policy is working and/or has produced unintended effects. The Federal Executive Council is the body comprising all the Ministers of the Federation, including the President and Vice President. Design/methodology/approach The analysis took the form of a desk study, which analysed various documents and reports such as the Transparency International Corruption Perceptions Index, 2008-2016, the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Economic and Financial Crimes Commission (Establishment) Act, 2004, the Administration of Criminal Justice Act, 2015, the UK’s Investigatory Powers Act, 2016, the Public Interest Disclosure and Witness Protection Bill, 2017 and the Financial Action Task Force Recommendations, 2012. Findings This paper determined that the anti-corruption policy of the Federal Executive Council of Nigeria could achieve its desired objectives if the following recommendations are implemented: research grants which are sent to Nigerian universities by international and corporate bodies should be exempted from the current treasury single account arrangement. This would enable universities to easily access the funds and disburse the same to qualified students. The Federal Government should follow the guidelines laid down in Section 270 of the Administration of Criminal Justice Act, 2015 for plea agreements. In other words, the prosecution should only offer a plea bargain to a person who has been charged with an offence. The prosecution should not receive and consider a plea bargain from a person who has not been charged with an offence. Any attempt to water down the effect of Section 270 of the Administration of Criminal Justice Act, 2015 may weaken the ongoing fight against corruption and money laundering because criminals will be encouraged to continue looting public funds. The Financial Action Task Force Recommendations (Recommendation 3) requires that criminal sanctions for natural persons convicted of money laundering should be effective, proportionate and dissuasive. The Federal Government of Nigeria should introduce a Bill to the National Assembly that would provide a clear framework for the use of investigatory powers by law enforcement, the security and intelligence agencies and other public authorities. This includes the interception of communications, the retention and acquisition of communications data, the use of equipment interference and the retention and use of bulk data by the security and intelligence agencies. The Bill must establish a number of safeguards against the arbitrary or unlawful use of investigatory powers by the executive. The UK’s Investigatory Powers Act, 2016, for example, established a number of safeguards for the retention and acquisition of communications data. Authorisations for obtaining communications data will have to set out why accessing the communications data in question is necessary in a specific investigation for a particular statutory purpose and how it is proportionate to what is sought to be achieved. A police officer who receives information from a whistleblower about money hidden in an apartment should apply to a Court or Justice of the Peace within the local limits of whose jurisdiction he/she is for the issue of a search warrant before conducting a search on the said premises. This procedure is in line with Section 143 of the Administration of Criminal Justice Act, 2015 and the Court of Appeal decision in Hassan v. E.F.C.C. (2014) I NWLR (Pt. 1389) 607 at 625. The Public Interest Disclosure and Witness Protection Bill, 2017 should be given accelerated consideration in the House of Representatives based on its urgency and significance for the Federal Executive Council’s whistleblowers policy. Research limitations/implications This paper focusses on the anti-corruption policy of the Federal Executive Council of Nigeria from 29 May 2015 to 10 June 2017. It does not address the older policies. Originality/value This paper offers a critical analysis of the new anti-corruption policy of the Federal Executive Council of Nigeria. The paper will provide recommendations on how the policy could be strengthened. This is the only paper to adopt this kind of approach.

Due to the nature of its operations, the transportation industry in itself is a potential source of danger. In case of unlawful aggressive intrusions the danger becomes real and fraught with grave consequences. The statistics of the last 10 to 15 years show that 50 to 70% of accomplished terrorist attacks were associated with transportation. Individual measures cannot ensure transportation security. The problem must be approached comprehensively and systemically. Transportation security greatly contributes to the national security of the Russian Federation. The Federal Law of February 9, 2007 no. 16-FZ On transportation security, for the first time in Russian practice, raised the question of securing the entire transportation industry of the Russian Federation, established the legal foundations of the activities related to the protection of transportation infrastructure and vehicles against acts of unlawful interference, including those of terrorist nature. For the first time, a single systemic approach to anti-terrorist protection is provided for all means of transportation. The transportation industry is quite vulnerable to terrorist attacks. We are talking about vehicles, transportation lines, stations, vehicles carrying dangerous loads. The vulnerability of transportation is due to the possibility of damage to signalling, automation and communication assets, whose protection is complicated due to the scale and extent of Russia’s railways. Despite the problems and objective difficulties related to the legislation in the area of transportation security, the workers of the Russian railway industry make their best effort to ensure protection of transportation infrastructure and vehicles against acts of unlawful interference. Promptly reacting to other challenges and threats, they ensure reliable operation of the transportation industry, thus preserving the peace and safety of our citizens. This paper examines matters related to ensuring efficient safety of transportation infrastructure. A significant emphasis is placed on the systems that enable detection of intrusions into protected areas of a facility.

The article considers the problems of research of scientific and practical activity of the airport complex. It is proved that the aviation security system monitors the activities of the SAB, and quantitative assessment of the level of informatization of aviation security at the airport, emphasizes the need for the management system to protect the concept of creating an independent airport security system. The author argues that the assessment of cyber risks, as one of the components of the synergistic effect of the measures taken against acts of unlawful interference, will prevent cybercriminals.

The global community faces the challenge of dealing with movements in opposite directions: the emphasis on decolonization and self-determination in the postwar world has encouraged the building of barriers and boundaries between jurisdictions, while globalization has encouraged the breaking or transcending of the same. This paper focuses on the legal protection of private economic rights in the transnational arena by considering the regulation of transnational economic relationships at three different levels: (a) where a party's rights are not regulated or governed by any contract; (b) where there is a contract between the parties; and (c) where a foreign investor looks to protect its investment against unlawful interference by a host state. It concludes with some thoughts on what might lie ahead and suggests possible solutions to the issues and challenges faced.

Airports similarly to other companies are certified in compliance with the International Standardization Organization (ISO) standards of products and services (series of ISO 9000 Standards regarding quality management), to coordinate the technical side of standardizatioon and normalization at an international scale. In order for the airports to meet the norms and the certification requirements as by the ISO they are liable to undergo strict audits of quality, as a rule, conducted by an independent auditing organization. Focus of the audits is primarily on airport operation economics and security. The article is an analysis into the methodology of the airport security audit processes and activities. Within the framework of planning, the sequence of steps is described in line with the principles and procedures of the Security Management System (SMS) and starndards established by the International Standardization Organization (ISO). The methodology of conducting airport security audit is developed in compliance with the national programme and international legislation standards (Annex 17) applicable to protection of civil aviation against acts of unlawful interference.

A person whose privacy has been infringed through the unlawful, culpable processing of his or her personal information can sue the infringer’s employer based on vicarious liability or institute action based on the Protection of Personal Information Act 4 of 2013 (POPI). Section 99(1) of POPI provides a person (“data subject”), whose privacy has been infringed, with the right to institute a civil action against the responsible party. POPI defines the responsible party as the person who determines the purpose of and means for processing of personal information of data subjects. Although POPI does not equate a responsible party to an employer, the term “responsible party” is undoubtedly a synonym for “employer” in this context. By holding an employer accountable for its employees’ unlawful processing of a data subject’s personal information, POPI creates a form of statutory vicarious liability.Since the defences available to an employer at common law, and developed by case law, differs from the statutory defences available to an employer in terms of POPI, it is necessary to compare the impact this new statute has on employers. From a risk perspective, employers must be aware of the serious implications of POPI. The question that arises is whether the Act does not perhaps take matters too far.This article takes a critical look at the statutory defences available to an employer in vindication of a vicarious liability action brought by a data subject in terms of section 99(1) of POPI. It compares the defences found in section 99(2) of POPI and the common-law defences available to an employer fending off a delictual claim founded on the doctrine of vicarious liability. To support the argument that the statutory vicarious liability created by POPI is is too harsh, the defences contained in section 99(2) of POPI is further analogised with those available to an employer in terms of section 60(4) of the Employment Equity Act 55 of 1998 (EEA) and other comparable foreign data protection statutes.

Protection against short circuits in microgrid networks with distributed generation is proposed, in which the power of the power sources and loads are constantly changing, which leads to a change in the sensitivity of relay protection. The response current of the proposed protection automatically adapts to the current value of the line operating current. The protection includes measures to block its action in the event of short-term interference in current circuits. Protection is installed on both sides of the line and protects the entire line, provides a stable mode of operation of the network due to the quick shutdown of short circuits. The algorithm of operation and the scheme for implementing protection are given. The protection operation was tested using the parameters of the real short circuit mode. References 7, figures 3.

Air transportation services, security and flight safety is the main factor. Various efforts made to continually improve the level of security and safety of the flight, the good with the upgrade facilities, repair and operational management capacity building resources, human beings. International Civil Aviation Organization (ICAO) in Annex 17 Of the Security-Safeguarding International Civil Aviation Against Acts of Unlawful Interference requires that each number country is obliged to create a procedure and an action brought to prevent weapons or dangerous materials in civil aircraft.As explain standard of the above, then set the various systems and procedures of implementation in every airport and every company in the air transportation. The security of the flight center of gravity is related to passenger and goods that will leave / and transported aircraft.

Judicial review of unlawful interference in public administration Abstract The thesis aims at complex description of the judicial review of unlawful interference in public administration within the system of Czech administrative justice. The thesis is divided into three main parts, each of them is further divided into other chapters. The judicial review of unlawful interference is special type of action in Czech administrative justice. The thesis firstly describes what kind of activity of administrative body can be considered as unlawful interference and provides concrete examples formulated by The Supreme Court of Administrative Justice. The thesis also deals with unlawful interferences in tax search and their specifics as well as unlawful interference of security forces. The thesis also shows what can't be considered as an unlawful interference. Next, there is a short description of history of judicial review of the unlawful interference. The second part deals with the process of judicial review, jurisdiction of court, requirements of the action and its acceptability. The thesis is systematically structured based on Administrative Justice Procedure Act. The thesis describes differences between two types of action against unlawful interference. Thesis also provides information about differences between...

This chapter examines the protection provided by tort law against wrongful interference with goods. It explains that the action for trespass to goods affords a remedy where there has been an intentional or careless direct interference with goods in the claimant’s possession at the time of the trespass. This chapter also considers conversion, which is concerned with intentional dealings with goods that constitute a denial of the claimant’s rights It discusses the remedies available for torts to goods contained in the Torts (Interference with Goods) Act 1977.

Abstract The two domains safety and security have traditionally been kept separated in aviation. While the first treats risks associated with aviation activities, the latter safeguards civil aviation against acts of unlawful interference. While national and international guidelines exist in addressing the installation of risk management for organizations having hazardous operations in aviation, an appropriate application of established assessment techniques, both quantitative and qualitative are crucial to both domains. For an incorrect hazard identification and the quantification of an adverse outcome may strongly affect both the level of protection and the investments required to reach it. The empirical example and data shown stem from safety risk assessments in HEMS (helicopter emergency medical service) flight operations. These flight operations use advanced instrument flight procedures in obstacle rich environments under low visibility conditions and are therefore a safety concern on the one hand. On the other hand, one analyzes security, whenever HEMS flights are operated in adverse weather conditions, having as a sole navigation source signals from a global navigation satellite constellation. A traditional safety risk assessment (Wipf in Aviation risk and safety management, Springer, p 108, 1) under these circumstances, considers only factors of human performance under technical failure conditions. A security analysis, however, should treat all forms of jamming, meaconing, and spoofing of the satellite signals and the adverse impact on the performance of the receiver to calculate a valid position. The chapter illustrates to which extent commonalities reign in both domains and where practices go separate ways.

This chapter examines intentional interferences with the person, including the torts comprising trespass to the person—battery, assault and false imprisonment—the tort in Wilkinson v Downton, and the statutory tort of harassment. The trespass to the person torts seek to protect an individual against an infringement of their personal or bodily integrity, that is, against the infliction, or fearing the infliction, of unlawful force (battery and assault) and the unlawful restriction of a person’s freedom of movement (false imprisonment). The three trespass to the person torts have the same characteristics: the defendant must have intended both the conduct itself and consequences of their action; the defendant’s action must cause direct and immediate harm; and they are actionable per se, that is, without proof of loss. The chapter also considers the tort in Wilkinson v Downton, which provides a remedy for physical and psychiatric harm deliberately caused by a false statement, and the Protection from Harassment Act 1997, which imposes both civil and criminal liability for harassing conduct.

This chapter examines intentional interferences with the person, including the torts comprising trespass to the person—battery, assault and false imprisonment—the tort in Wilkinson v Downton [1897], and the statutory tort of harassment. The trespass to the person torts seek to protect an individual against an infringement of their personal or bodily integrity, that is, against the infliction, or fearing the infliction, of unlawful force (battery and assault) and the unlawful restriction of a person’s freedom of movement (false imprisonment). The three trespass to the person torts have the same characteristics: the defendant must have intended both the conduct itself and consequences of their action; the defendant’s action must cause direct and immediate harm; and they are actionable per se, that is, without proof of loss. The chapter also considers the tort in Wilkinson v Downton, which provides a remedy for physical and psychiatric harm deliberately caused by a false statement, and the Protection from Harassment Act 1997, which imposes both civil and criminal liability for harassing conduct.

This chapter examines intentional interferences with the person, including the torts comprising trespass to the person—battery, assault and false imprisonment—the tort in Wilkinson v Downton [1897], and the statutory tort of harassment. The trespass to the person torts seek to protect an individual against an infringement of their personal or bodily integrity, that is, against the infliction, or fearing the infliction, of unlawful force (battery and assault) and the unlawful restriction of a person’s freedom of movement (false imprisonment). The three trespass to the person torts have the same characteristics: the defendant must have intended both the conduct itself and consequences of their action; the defendant’s action must cause direct and immediate harm; and they are actionable per se, that is, without proof of loss. The chapter also considers the tort in Wilkinson v Downton, which provides a remedy for physical and psychiatric harm deliberately caused by a false statement, and the Protection from Harassment Act 1997, which imposes both civil and criminal liability for harassing conduct.

This chapter examines the protection provided by tort law against wrongful interference with goods. It explains that the action for trespass to goods affords a remedy where there has been an intentional or careless direct interference with goods in the claimant’s possession at the time of the trespass. It discusses the remedies available for torts to goods contained in the Torts (Interference with Goods) Act 1977. This chapter also considers conversion and residual torts.

This chapter examines the protection provided by tort law against wrongful interference with goods, which generally protect possession rather than title to goods (or ownership) as such. It explains that the action for trespass to goods affords a remedy where there has been an intentional or careless direct interference with goods in the claimant’s possession at the time of the trespass. This chapter also considers conversion, which is concerned with intentional dealings with goods that constitute a denial of the claimant’s rights. It discusses the remedies available for torts to goods contained in the Torts (Interference with Goods) Act 1977.

This paper which deals with the issue of “Protection against acts of unlawful interference in civil aviation in the conditions of the Slovak Republic and the Czech Republic” and is divided into four main parts. The first part is focused on the basic definitions and concepts of security, which is based on the aviation regulation L17 (ANNEX 17). The second part deals with the typology of threats that pose a danger to air transport together with an indication of specific events related to illegal acts and also points out the measures taken to prevent the recurrence of such acts. Subsequently, the historical development of international legislation in this area is characterized in more detail chronologically from the oldest legal norms to the latest legislation at present. A fundamental element of this paper is a comparison of legislation of the Slovak Republic and Czech Republic. The last part presents possible visions for the future, which consist of modern and intelligent technologies that could be applied in the fight against acts of unlawful interference in the coming years.