Journal articles on the topic 'Illegal negative decisions'
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1
Guan, Zhijie, and Peichen Gong. "The impacts of international efforts to reduce illegal logging on China’s forest products trade flow." China Agricultural Economic Review 7, no. 3 (September 7, 2015): 467–83. http://dx.doi.org/10.1108/caer-12-2014-0134.
Abstract:
Purpose – The purpose of this paper is to examine the effects of international efforts aimed at reducing illegal logging on bilateral trade of forest products between China and its partner countries. Design/methodology/approach – The analysis is conducted using an extended gravity model, where the regulations enforced in different countries, as well as bilateral agreements between China and its trade partners on combating illegal logging are included as explanatory variables. The impacts of the efforts against illegal logging on bilateral trade of forest products are examined based on the estimated coefficients of these policy variables. Findings – The results show that the regulations have significant and positive effects on the bilateral trade of total forest products between China and its partner countries. The bilateral agreement on combating illegal logging between showed a negative effect on the bilateral trade of forest products. A further study of three types of forest products shows that the regulations have a negative effect for roundwood, but a positive effect for furniture and wood-based panels. The bilateral agreement, on the other hand, affects negatively the trade of all the three forest products. Practical implications – Since the export of roundwood from China is negligible, the results from this study imply that international efforts to reduce illegal logging have caused reduction of the import of roundwood into China. China’s wood processing industry is to a high degree dependent on imported roundwood. To secure timber supply is therefore an important strategy for sustainable development of the wood processing industry in China. Originality/value – To the knowledge, this is the first comprehensive assessment of the impacts of international efforts to reduce illegal logging on forest products trade flow between China and its partner countries. The results provide important scientific bases for decisions on reducing international trade of illegally sourced wood products and on promoting sustainable development of the wood processing industry in China.
2
Chodnicka, Patrycja. "The economics of money laundering." Oeconomia Copernicana 2, no. 4 (December 31, 2011): 73–95. http://dx.doi.org/10.12775/oec.2011.019.
Abstract:
In the paper was taken problem of money laundering in respect of receiving income and incurring expenses. It was looked at economy as whole and individual entities that are households, companies, government and foreign countries which exercising significant influence on particular government decisions. In this purpose was characterized and researched problem of legalizing funds generated by illegal activities by using two - sector equilibrium model which is object of Masciandaro, Bagella, Buscato and Argentiero researches. Model is based on activities first two of four mentioned participants. In this model it was used two sectors of economy: legal and illegal. For better understanding problem, model was adapted to polish economy and verified. As a result were received factors which had deciding influence on quantity of money laundering. Offering services and legalization funds generated by illegal activities has got negative correlation with increasing sanctions which are applying in case of detection and transactional costs. Optimal quantity of money laundering depends on workforce costs and prices both goods becoming form legal and illegal economy. Moreover it was drawn attention to bigger effectiveness of foreign cooperation than implementation of national anti-money laundering policy.
3
Chastuti Alwallyah, Muhammad Edwinsyah, and Oki Sapitri Menghayati, S.E., M.E. "EFFORTS TO IMPROVE THE COMMUNITY'S UNDERSTANDING REGARDING ILLEGAL ONLINE LOANS ACCORDING TO A SHARIA ECONOMIC LAW." Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah 4, no. 2 (December 30, 2023): 135–43. http://dx.doi.org/10.22373/iqtishadiah.v4i2.3362.
Abstract:
This research aims to explore the public's understanding of illegal online loans from the perspective of Sharia economic law in Muara Sugih Village, Tanjung Lago District, Banyuasin Regency. Illegal online lending has become a serious problem in various regions of Indonesia, with significant economic and social impacts. Especially in the context of rural communities such as Muara Sugih Village, where limited access to information and legal regulations can be a risk factor. This research uses a qualitative approach with interview, observation and document analysis methods to collect data from the local community. The results of this research indicate that the majority of the people of Muara Sugih Village have limited understanding about illegal online loans and their lack of knowledge about Sharia economic law. Factors such as urgent economic needs and the lack of halal financing alternatives influence participation in illegal online lending. To increase public understanding, efforts that need to be made include education about Sharia economic law, the risks of illegal online loans, and financing alternatives that comply with Sharia principles. Local governments and social institutions can also play an active role in providing training and education to the public about the negative impacts of illegal online loans as well as solutions that are in accordance with religious values and Sharia economic law. With a better understanding of this issue, the people of Muara Sugih Village can make wiser decisions in managing their finances in accordance with the principles of Sharia economic law.
4
Setrana, Mary. "Choosing to Stay: Alternate Migration Decisions of Ghanaian Youth." Social Inclusion 9, no. 1 (March 25, 2021): 247–56. http://dx.doi.org/10.17645/si.v9i1.3691.
Abstract:
This article focuses on nationals from Ghana who have lost interest in pursuing migration dreams to Europe and North America after failed attempts to migrate. Many less experienced youths who attempt to migrate to Europe and North America face challenges such as strict immigration laws, high cost of financing migration plans, or illegal recruiters. Some risk their lives through dangerous routes to achieve their migration goals. The negative consequences recorded are numerous, including death en route to Europe and North America. Using life stories, this article lets failed migrants recount the frustration, wasted resources and years spent to fulfil their migration dreams. It discusses individual factors such as experiences that affect the decision not to pursue migration dreams despite the culture of migration in their communities. The article concludes that strict immigration policies in Europe and North America have restricted international migration among less experienced and less skilled youth in Ghana, leading to personal decisions not to migrate but adjust to the conditions at home, and later describing their stay as a preferred decision.
5
Ngouadi, Fred, and Olga Gorbunova. "The Impact of Illegal Logging on the State of the Rainforests of the Congo River Basin." Baikal Research Journal 14, no. 3 (August 31, 2023): 1047–56. http://dx.doi.org/10.17150/2411-6262.2023.14(3).1047-1056.
Abstract:
In the modern world, one of the key problems on a planetary scale is the disappearance of tropical forests. In addition, the state of these forest ecosystems is of serious concern. The fight against the disappearance of tropical forests, especially due to illegal logging, is an integral part of the decisions taken to prevent negative climate impacts, and the most important task for the implementation of programs for the socio-economic development and protection of forests in Central Africa. The article describes the state of forests in the countries of the Congo River basin. The reasons for the degradation of forests and deforestation of the territory of this region are given, as well as the consequences of anthropogenic activities that have a huge direct and indirect impact on forest ecosystems. The lack of balance between economic, environmental and social components in the formation of national and subregional forest policy is reflected in legislation in this area. As a consequence, grounds for delinquency and illegal activities are created, and illegal logging continues in all countries of the Congo Basin. The authors analyzed the situation with illegal logging. It is shown that illegal logging not only has a devastating impact on forest ecosystems, but also deprives the state of income from the export of valuable timber and, thereby, destabilizes the situation in this subregion. The development of illegal activities is explained by the peculiarities of the forest management system, which has created a situation with relative impunity for offenders due to corruption and the imperfection of the regulatory framework. Solving the problem requires a deep reform of forest legislation and the development of a more effective system of economic measures to counter illegal logging of tropical forests in the countries of the Congo Basin.
6
Sokolova, Alena, Anton Grunin, Viktor Lukanin, and Valentin Shemarov. "Consideration of illegal actions when imposing punishment for environmental crime." E3S Web of Conferences 258 (2021): 05017. http://dx.doi.org/10.1051/e3sconf/202125805017.
Abstract:
Both environmental risks and domestic violence exist in all countries of the world. This phenomenon is influenced by various factors: standard of living, ecological situation, environment, traditions, race, nationality and cultural values. This must be taken into account when imposing an appropriate punishment for commission of any illegal act. At the same time, family and domestic violence is not just a negative attribute of life of individual families, but also indicates serious issues of society, in the narrow sense, and the environment, in the broad sense. In connection with restrictions related to Covid-19 introduced in many countries, the level of domestic violence has increased, which proves a direct dependence on external negative factors in the field of health care, ecology, psychology, etc. Analysis of various factors influencing domestic violence has shown that this phenomenon has a high level of latency, and, as a rule, people learn about it only in cases where the consequences of such violence are difficult to hide due to their severity (for example, causing death or serious harm to health against the background of mental deviation). Having reviewed the news feeds over the past five years we can see that the relevance of the topic under consideration is beyond doubt, since the influence of environmental factors on the human psyche is not fully understood, and this aspect, one way or another, leads to the commission of illegal actions, which indicates the importance of balance between the environment, ecology and legality, society. The authors note that there is a synergistic relationship in which humanity interacts with the surrounding world, in all its diversity (water, land, natural resources, flora, fauna, etc.). n addition, some judgments of the European Court of Human Rights on environmental problems and the environment, protection from domestic violence, including with the participation of Russian Federation as a defendant, were considered. Based on the analysis of the decisions expressed, as well as the norms of national legislation, a theoretical justification for changing the national criminal and environmental legislation, in terms of imposition of punishment, is formulated.
7
Boyko, B. V. "Guarantees of protection of personal data of conscripts during their use in state registers for military registration." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 410–15. http://dx.doi.org/10.24144/2788-6018.2023.06.69.
Abstract:
It is indicated that the guarantees of protection of personal data of conscripts are a system of conditions, principles, legal and organizational means established by law, which ensure the protection of information or a set of information about a person-conscript, who is identified or can be specifically identified for the purpose of implementation by such persons constitutional rights and freedoms in legal relations arising during mobilization training and/or mobilization.
The author emphasized that the need to make operational and immediate decisions significantly reduces the potential of the principle of scientificity, the observance and consideration of which is important on the way to the development of the most optimal solution. In particular, in such a difficult situation, in which vital decisions have to be made, quite natural questions arise in the area of timeliness, adequacy of such decisions, their compliance with the Constitution and laws of Ukraine. In the author's opinion, one of the similar issues is the search for ways to ensure the protection of personal data of conscripts during their use in state registers for military registration.
Legal and organizational ways aimed at ensuring the protection of personal data of conscripts and other persons during their receipt, processing and use by electronic register tools are proposed, in particular: amend the draft law aimed at avoiding the exchange of data between state registers and their owners and administrators as such, which contradicts the Constitution and laws of Ukraine; clearly define the list of persons (as well as the professional requirements for them) with the right of access to the electronic register in order to reduce the negative impact of the so-called human factor of illegal use or "negligent leakage” of personal data from the register's information bases; by analogy with positive foreign experience, publish certificates and detailed technical information (including the source code) of the corresponding software product, which should confirm the high technical level of protection of the electronic information and telecommunications system; provide for administrative and criminal liability for illegal receipt, distribution and use of personal data of conscripts and other persons, illegal interference in the work of the electronic register, etc.
8
Dvoretsky, M. Yu, and A. I. Anapolskaya. "The main methods and mechanism of legalization (laundering) of criminally obtained income using electronic payment transactions." Institute Bulletin: Crime, Punishment, Correction 13, no. 1 (May 13, 2019): 53–58. http://dx.doi.org/10.46741/2076-4162-2019-13-1-53-58.
Abstract:
The article reveals the features of the methods and mechanism for the legalization of money obtained by criminal means using electronic settlement transactions. There was conducted a study of the nature and content, methods and methods of money laundering through electronic accounts of banks, analyzed the main causes of the outflow of money supply outside our country, identified problems to overcome this negative phenomenon and suggested ways to solve them. Conclusion to the article was a recommendation to law enforcement officers to study ways to implement the illegal actions in question, which will allow to identify these crimes in a timely manner, to make the right decisions at the stage of initiation of a criminal case, qualitatively to plan and carry out an investigation.
9
Lestari, Utami Ida, and Rina Melati Sitompul. "TINJAUAN KRIMINOLOGI TINDAK PIDANA PEMALSUAN UANG (Studi Putusan Nomor 1266/PID.B/2023/PN.MDN)." Law Jurnal 4, no. 1 (February 2, 2024): 62–69. http://dx.doi.org/10.46576/lj.v4i1.4194.
Abstract:
Money is central to society's economic life as a means of transactions and settlement of obligations. However, the negative impact of the increase in counterfeiting crimes is not only detrimental to individuals in society but can also disrupt the economic stability of a country. This research aims to identify the factors that influence the criminal act of circulating counterfeit money, understand the judge's considerations in making decisions regarding the case and analyze the illegal law policies implemented in prevention efforts. The research method used is a normative juridical approach with case studies. Number 1266/Pid.B/2023/PN.Mdn. The findings of this research indicate that the influencing factors involve economic aspects, technological environment, and education. The judge's consideration in the decision refers to juridical, philosophical and sociological aspects. The criminal law policies related to the circulation of counterfeit money include regulations in the Criminal Code and Law No. 7 of 2011. The hope is that these findings can provide a holistic view regarding preventing the circulation of counterfeit money and become an essential reference in the development of criminal law science.
10
Rimkus, Vladas. "Economic Preconditions and Consequences of Contraband." Lietuvos statistikos darbai 49, no. 1 (December 20, 2010): 69–74. http://dx.doi.org/10.15388/ljs.2010.13950.
Abstract:
The phenomenon of perpetually existing contraband draws attention of both the public and authorities. This is part of black economy, while black economy itself is a phenomenon that is neither new nor characteristic of a certain economic system. The nature of black economy is destructive as its existence
contradicts to public order and interests. Black economy avoids state taxes; therefore, the State – in order to collect funds required for national needs – is forced to increase taxes imposed on those who do pay them. Hence, since some avoid paying taxes, while others assume a heavier tax burden, this results in unequal economic conditions for legal and illegal business and distorts conditions for fair competition.
The theoretical study of the problem of contraband is linked to the problem of tax evasion; it reveals stimuli for making a decision not to pay taxes. The decision of each individual to pay or not to pay taxes determines the scope of tax evasion. Adopting a decision not to pay taxes, one faces uncertainty; any individual knows that tax evasion is illegal and subject to punishment in case this comes to light. Therefore, the economics of crime gives initial knowledge about the process of making such decisions.
The major part of contraband is comprised of goods subject to excise duties – alcohol, tobacco, and fuel. One of the factors influencing contraband is great difference in prices in Lithuania and neighbouring countries from which contraband comes. For example, contraband cigarettes on the domestic market are approximately three times cheaper than those sold legally. The largest part of these contraband goods comes from neighbouring states – the Russian Federation and Belarus.
The main negative consequences of contraband are as follows: a relative reduction in annual government revenue; a general deterioration in economic subordination, which reduces the ability of the government to adopt rational solutions and predict their consequences; insufficient accuracy of provision of social assistance since even those who earn large income from illegal activity may receive it; natural and legal persons tend not to observe existing rules, and the failure to observe the rules may become a norm.
11
Greben'kova, Lidiya Aleksandrovna. "The role of international organizations and international law in protecting minors from implication in life and health threatening illegal activities." Международное право и международные организации / International Law and International Organizations, no. 4 (April 2021): 63–75. http://dx.doi.org/10.7256/2454-0633.2021.4.37064.
Abstract:
The subject of this research is the role of international organizations, as well as legal acts adopted on the international level aimed at protecting the rights and ensuring security of minors, namely with regards to implication in illegal activities that threaten their life and health. The author aims to determine the international legal basis for the emergence of the norms in national criminal legislation that protect minors from such violations. Emphasis is placed on the process of establishment of international legal protection of minors, and the role of international organizations therein. Special attention is given to the corresponding regional international documents, which contain innovative provisions that should be included into the framework acts. The novelty of this research lies in comprehensive analysis of the international legal grounds for protection of minors from implication in illegal activities that threaten their life and health. The conclusion is made that the list of measures for the protection of minors established by the international acts is constantly expanding; despite the fact that the international acts and decisions of international organizations do not contain the norms that explicitly stipulate the responsibility of the states to ensure protection of minors from implication in illegal activities, the responsibility on establishing such protection stems from the norms that declare the need to protect minors from negligent treatment, engagement in negative social practices, as well as ensuring their information security. Therefore, the inclusion of the norm 151.2 “Implication of a minor in commission of life and health threatening actions” into the Criminal Code of the Russian Federation has solid foundation associated with the acts of international law and activity of international organizations.
12
Sachs, Chloe M. "Conflicting Socio-Cultural Attitudes and Community Factors Resulting in Backstreet Abortion in Cato Manor, KwaZulu-Natal." American Journal of Undergraduate Research 20, no. 3 (December 31, 2023): 51–67. http://dx.doi.org/10.33697/ajur.2023.095.
Abstract:
Abortion in South Africa is a complex topic, rife with augmenting and limiting political, social, religious, and cultural factors. This study explores multiple age groups within Cato Manor and whether the attitudes towards abortion and factors impacting the choice of where and whether to receive an abortion differ. The study employs a general qualitative approach with inserted narratives highlighting individual perspectives and stories. The sample cohort was identified using purposive sampling of women, obtained via convenience through the gatekeeper in the community. The participants are from two generations, and two expert interviews were conducted to gain various perspectives. The sample population is from the greater Cato Manor community, and the interviews were conducted in a semi-structured format. The main goal of this study is to understand how socio-cultural factors impact abortion attitudes within each generation in Cato Manor and if community attitudes impact women’s decisions on how and where to obtain medical abortions. The findings show that negative attitudes towards abortion persist in Cato Manor due to religious and cultural rationale. Greater acceptance occurs among younger generations following abortion legalization in South Africa, yet prejudice remains. The research reveals a range of factors that may pressure women to obtain illegal abortion options to avoid community shame. KEYWORDS: Abortion; Pregnancy Termination; South Africa; KwaZulu-Natal; Cato Manor; Backstreet Abortions; Abortion Attitudes; Illegal Abortion
13
Skripchenko, N. Yu. "Liability for illegal execution of activities on provision of consumer credit (loans): current status and perspectives for improvement." Law Enforcement Review 7, no. 1 (March 22, 2023): 103–12. http://dx.doi.org/10.52468/2542-1514.2023.7(1).103-112.
Abstract:
Consumer lending services are among the most demanded in the financial market. The high socio-economic significance of the activities of entities providing consumer loans is increasing in the context of regional imbalances in the implementation of banking services and the focus of credit institutions on clients with a certain income and stable income. Solving the problems of the availability of financial services for citizens living in small settlements, as well as persons who cannot receive funds from credit institutions due to low income, negative credit history, lack of collateral, microcredit organizations increase the purchasing power of the population, maintain the standard of living socially vulnerable citizens, stimulate the country's economy, involving (through investment) low-income strata in economic processes, making tax payments. The increased requirements for professional lenders determined the expansion of the illegal financial services sector, supported by high consumer demand. In order to counteract the illegal activities of illegal creditors and protect the interests of consumers of credit services, the legislator established administrative and criminal liability.The analysis of the current norms, which provide for liability for illegal activities for the provision of consumer loans (loans), carried out in the course of the study, made it possible to identify technical and legal flaws in the content of Art. 14.56 of the Administrative Code and enshrined in 2021 Art. 171.5 of the Criminal Code.Having identified the problems arising in the implementation of Art. 14.56 of the Administrative Code in practice, the author proposes to exclude from the disposition of this norm the signs that specify the subject of an administrative offense (legal entity, individual entrepreneur). The inevitability of the liability of illegal usurers will be ensured by changing the approach to determining the moment when illegal professional activities for the provision of consumer loans (Art. 14.56 of the Administrative Code) are concluded from the date of the conclusion of the consumer loan agreement on the day the creditor submits executive documents for organizing the enforcement of court decisions on the collection of the corresponding debt.Having determined the disposition of Art. 171.5 of the Criminal Code casually, with a triple reference-blanketness, the legislator not only deviated from the rules of legal technique, but also disoriented the law enforcement officer in the content of the criminal law prohibition. The author substantiates the proposals to state Art. 171.5 of the Criminal Code in a new edition, excluding the name of the violated law and detailing the signs of the subject of the crime. As crimi-forming signs, the composition covered by Art. 171.5 of the Criminal Code, it was proposed to determine alternatively: the large size of consumer loans (loans) issued by an illegal lender (over 2 million 250 thousand rubles); administrative punishment of a person under Art. 14.56 of the Administrative Code.
14
HOLOVACH, Volodymyr, and Tetiana HOLOVACH. "Criminological characteristics of fraud and its implications for the audit activity." Economics. Finances. Law, no. 3 (March 29, 2021): 5–10. http://dx.doi.org/10.37634/efp.2021.3.1.
Abstract:
The paper discusses the requirements of International Standards on Auditing (ISA) for the identification and assessment of the distortions of financial statements based on the criminological characteristics of fraud. It is found that ISAs, in considering the management's misconduct by the auditor, propose to be guided by the fraud triangle, which is once developed by the American criminologist Donald Ray Cressy. He is known as researcher of white-collar crime from the standpoint of the theory of differential association. This theory is based on the fact that the individual perceives some values positively, and rejects others. As a result, inappropriate behavior is learned by interacting with other actors through communication. It is during communication the certain motives, which are the result of interpretation of the legislation regarding the determination of favorable or negative circumstances, are formed. Being guided by this approach, the representatives of the differential association theory during the study of misconduct focused on the methods, motives, attitudes, explanations of illegal encroachment, that justify the decisions, as well as the issues of rationalization and improvement of illegal activity. They also noted that differential associations may differ in frequency, duration, priority, and intensity. It is established that such fraud assessment is widely used by foreign experts and it received some attention from domestic scientists and practitioners. Instead, its knowledge by auditors is at initial level and doesn't allow to analyze effectively the various fraud risks. In this regard, the need for in-depth study of the fraud's criminological characteristics in the real conditions of economic development of Ukraine is justified. The attention is paid on the significant spread of fraud in Ukraine and the negative impact of such criminal offenses on auditing. The suggestions for improvement of the financial statements audits with taking into account the criminological analysis of misconduct of management staff are made.
15
Lutsenko, S. I. "EFFICIENCY EVALUATION OF ACTIVITY OF THE RUSSIAN PUBLIC COMPANIES IN THE CONDITIONS OF ACTIVE REGULATION OF OPERATING COSTS AND EXTERNAL EFFECTS (SHOCKS)." Strategic decisions and risk management 12, no. 2 (December 14, 2021): 150–56. http://dx.doi.org/10.17747/2618-947x-2021-2-150-156.
Abstract:
The author considers influences of active regulation of operating costs and negative effects (shocks) on financial policy of the Russian public companies. The Russian firms make the choice for benefit of internal financing for the purpose of increase in the corporate benefit in the conditions of external financial restrictions (sectoral sanctions). Growth of the corporate benefit leads to increment of company assets and respectively to welfare of the shareholder. The Russian public companies will review the capital structure in the conditions of growth of adjustment costs. The active policy of the Russian companies is connected with availability of sufficient size of assets which are source of mortgage providing for regulation of capital structure. Thereby, the organization solves problem of adverse selection – financing source selection taking into account its price. The companies are forced to regulate actively the capital structure in the conditions of growth of operating costs and negative shocks. Regulation of capital structure is connected with the aspiration of the company to keep part of debt for its use as financing source. Operating costs are the indicator estimating efficiency of management decisions. The Russian companies will finance the investments, first of all, by internal financing sources. Cash flows are the resource servicing the investment capital. The firms will be attracted the loan capital in the period of deficit of cash flow. The Russian companies will work in logic of precautionary motive, creating monetary stock in the conditions of shocks. The precautionary motive is the protective buffer from negative impacts from the capital markets. Low values of cash flows allow to limit the management concerning his illegal behavior – decision making in private interests.
16
Rybalkin, Andriy, and Mariya Taranina. "Political corruption as a threat to ukrainian national security. The article examines political corruption as one of the biggest threats to Ukraine's national security." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 30, 2021): 41–46. http://dx.doi.org/10.31733/2078-3566-2021-2-41-46.
Abstract:
The current state of corruption in our country in accordance with the statistical indicators of international independent organizations has been studied. The determinants of political corruption have been identified, in particular: direct political, legal and managerial. Regulations in the field of preventing and combating corruption in Ukraine are analyzed. The subjects of anti-corruption in our state have been identified. Based on the analysis, it is proposed to add civil society institutions to the list of authorized entities to increase public confidence in public authorities, as well as for constant control and supervision. It is determined that the level and scale of corruption in Ukraine, the effectiveness of combating corruption processes largely depend on the integrity of elected officials, the democracy of the political system in general and the electoral process in particular. Recent election campaigns in Ukraine show that gross violations of democratic principles of expression of will (government interference in the election process, voter bribery, illegal court decisions) have led to the fact that most elected positions are held by persons who do not meet integrity standards. It is stated that the main content of political corruption is corrupt forms of dynamic policy implementation, abuse of power, lobbying for political and economic decisions beneficial for corporate groups, political patronage, bribery, etc. The content is also a set of different in content and degree of public danger of illegal acts committed to achieve political goals, significantly affect the formation and functioning of government and administration, their adoption and implementation of political decisions, distorting the political and economic course of the state. It is concluded that political upheavals, deepening the gap in the social stratification of society, criminalization of all spheres of public life, manifestations of regional separatism, confessional and other confrontation - this is not a complete list of consequences of political corruption in Ukraine. The presence of the above negative phenomena indicates the low efficiency of legal regulation of social relations, internal threats to both man (citizen), society and the state, and the threat of degradation of the legal system of the state. This is a consequence of the existing political corruption in Ukraine, a manifestation of the fact that the legal system of Ukraine does not meet the new requirements of society.
17
Okolotin, Vladimir S., and Svetlana A. Orlova. "THE EXPERIENCE OF CREATING THE INSTITUTION OF CONSTITUTIONAL SUPERVISION IN PRE-REVOLUTIONARY RUSSIA: RESULTS AND LESSONS." Vestnik of Kostroma State University, no. 3 (2020): 63–67. http://dx.doi.org/10.34216/1998-0817-2020-26-3-63-67.
Abstract:
The establishment of the institution of constitutional oversight in Russia has a long history. With the adoption of the «Fundamental State Laws» on April 23, 1906 (the first constitution of Russia), the functions of constitutional supervision were assigned to the First Department of the Governing Senate. In this paper, we examined the key decisions of the Governing Senate as a body of constitutional oversight during the Monarchy after the Coup of June 3, 1907; as well as February Revolution; and October Revolution. Our research has shown that at the said critical moments in Russian history, the First Department of the Senate adopted political decisions that did not comply with the provisions of the «Basic State Laws» on April 23, 1906, and had long-term negative consequences for the history of Russia. This concerned both the publication of the electoral laws of June 3, 1907, and the acts on the abdication of Nicholas II as emperor and on Grand Duke Michael Alexandrovich’s refusal of power. In the last ruling, which was held by the Governing Senate on November 23, 1917 as a body of constitutional supervision, the Soviet power was considered to be illegal and criminal. The Senate refused to obey its pending of the convocation of the Constituent Assembly. The decisions of the Governing Senate analysed in the article make it possible to conclude that it is necessary to observe the principle of legality when exercising constitutional supervision.
18
Sokolinskaya, Y. M., and E. A. Kolesnichenko. "Criminalization as a main threat to economic security." Proceedings of the Voronezh State University of Engineering Technologies 81, no. 1 (July 18, 2019): 480–84. http://dx.doi.org/10.20914/2310-1202-2019-1-480-484.
Abstract:
In modern Russia, the criminalization of the economy has become one of the most acute problems, a nationwide negative factor that undermines the authority of the authorities, destroys the foundations of statehood, and, as a result, creates a threat to the country's economic security. These circumstances dictate the need to quickly make optimal decisions that can protect the national economy from the negative effects of an illegal and criminal economy, as well as corruption as the basis of the shadow economy of Russia. Today we can say that the economic foundations of corruption, organized crime and terrorism are a kind of an independent sector of the economy. Corruption is beginning to seriously affect the decline in economic growth, the decline in the potential of civil society institutions, the violation of human rights, and other negative effects on the legal system. To achieve the goals, criminal structures use all means at their disposal: influence through government bodies and at the diplomatic level, special services, organized criminal communities, terrorist organizations, banking structures, non-profit and non-governmental organizations, subjects of criminal and shadow economy, etc. Analysis of market relations, the Russian economy gives the right to understand that the national economy in the position in which it is located cannot get out of the state of criminalization without reviewing and forming new relationship mechanisms.
19
Kuzmenko, Olha V., Tetiana V. Dotsenko, and Liliia O. Skrynka. "Economic and Mathematical Modelling of the Effectiveness of the National System for Combatting Cyber Fraud and Legalisation of Criminal Proceeds Based on Survival Analysis Methods." Scientific Bulletin of Mukachevo State University Series “Economics” 8, no. 1 (March 24, 2021): 144–53. http://dx.doi.org/10.52566/msu-econ.8(1).2021.144-153.
Abstract:
In modern world, the digitalisation of financial relations, the development of innovative technologies, and the emergence and use of cryptocurrencies for payments lead to an increase in the number of cyber frauds in the financial sector and their intellectualisation, increasing the illegal outflow of funds abroad. Ineffective decisions and inaction in counteracting these threats lead to large-scale negative consequences of both financial and social nature. The purpose of this study is to implement economic and mathematical modelling of the effectiveness of the national system for combatting cyber fraud and legalisation of criminal proceeds, which is based on the use of survival analysis methods. The study provides a bibliometric analysis of publications on the effectiveness of cyber fraud and combatting the legalisation of illegal funds, by building a bibliometric map of keywords, using VOSviewer software. This allowed identifying 7 clusters of basic categories of cyber fraud analysis, and changes in the vectors of research scientists showed a visual map of the contextual-temporal measurement of research into the effectiveness of cyber fraud in the publications of the Scopus database. The paper examines the effectiveness of the national system for combatting cyber fraud and money laundering based on survival tables. As a result of the study, the effectiveness of the national system for combatting cyber fraud and money laundering was analysed based on the Kaplan-Meier method. The study identified the dependences of the effectiveness of the national system for combatting cyber fraud and legalisation of criminal proceeds on the time interval after the discovery of violations. The practical value of applying the developed model is to form an analytical basis for further management decisions by the National Bank of Ukraine, the State Financial Monitoring Service, and the Security Service of Ukraine in terms of the effectiveness of the national system to combat cyber fraud and legalisation of criminal proceeds and the need to adjust it
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Lohvin, A. "Social grounds for criminal responsibility for violation of the established rules of drug turnover." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 340–45. http://dx.doi.org/10.24144/2307-3322.2021.69.57.
Abstract:
The spread of drug addiction is a danger to both public order and public health. Persons under the influence of drugs can be a danger to themselves and to others, so the effect of some drugs on the body leads to dependence and even death. The state is called upon to protect its population from the spread of this phenomenon. One of the ways to achieve this goal is the criminal legal protection of legal relations defined by the state as possible and desirable. If a person commits acts that distort such legal relations, then the state, protecting a lawful model of behavior, imperatively gives a criminal legal assessment of the actions of this person.
The object of the research is the social relations accompanying the illegal circulation of narcotic drugs and psychotropic substances, regulated by the legislation of Ukraine. These social relations arise as a result of the following actions: inducement to the consumption of narcotic drugs and psychotropic substances; illegal cultivation of plants containing such substances; organization or maintenance of dens or systematic provision of premises for their (narcotic drugs and psychotropic substances) consumption; illegal issuance or forgery of prescriptions or other documents giving the right to receive them.
The issue of criminalization and decriminalization is a specific link in the system of criminal law policy functions. It constitutes a complex mechanism that includes a series of successive decisions and subsequent actions, which in the end lead to the emergence of grounds for applying to persons guilty of certain actions, criminal liability or the abolition of the latter [2, p. 131]. Criminalization or decriminalization of actions is determined by social conditioning.
Considering the multicomponent nature of the problem and its social prevalence (since it is a mass behavior of certain small social groups and even transforms the social structure), it can be concluded that effective counteraction to such a negative social phenomenon as drug addiction and drug crime is possible only with an integrated approach.
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Dragonenko, A., and A. Manjula. "RAIDERING IN UKRAINE: ESSENCE AND SOCIAL CONDITIONALITY." Scientific Notes Series Law 1, no. 11 (November 2021): 120–24. http://dx.doi.org/10.36550/2522-9230-2021-11-120-124.
Abstract:
As a complex illegal phenomenon, "raiding" is associated with a number of real threats to economic security, including the growth of corruption and unemployment, monopolization of certain market segments, loss of competitiveness, reduced production, discredit of state and local authorities, law enforcement agencies and courts. , deterioration of the investment climate, reduction of the level of tax revenues, deformation of the legal ideology of society, etc. The processes of mergers, acquisitions, and other changes in the legal status of economic entities are traditionally regulated by the norms of civil and commercial legislation of Ukraine. In a civilized market economy, the periodic change of owners of commercial organizations is normal,a common mechanism for regulating relations between market participants. At the same time, in the economic realities of modern Ukraine, the line between, on the one hand, the improper implementation of its rights and obligations by the business entity, and, on the other hand, the commission of criminally punishable acts is blurred. After all, these are mostly not primitive ways of obtaining someone else's property (such as the physical removal of the head of the enterprise) - they have been replaced mainly by nonviolent illegal actions related to artificial bankruptcy of legal entities, seizure of their property through forgery, fictitious notarial services. and illegal registration actions, court decisions, etc. The outlined negative processes have led to the emergence in scientific and business circulation, in particular, such concepts as "raiding", "seizure of enterprises", "corporate blackmail", "corporate war", the normative definition of which is missing. According to its legal content and inherent features of this phenomenon, illegal seizure of business entities means socially dangerous behavior, which consists in carefully prepared, organized and externally properly executed seizure of the business entity. There is an obvious need to move from fragmentary research to a comprehensive scientific understanding of the problematic issues of criminal liability for criminal acts, which are manifestations of this phenomenon and the public danger of which is mostly determined by encroachment not on property but on the established procedure. Еconomic activity by its separate subjects. In addition, in-depth research is needed on the special "anti-raider" criminal law prohibitions introduced in recent years, the wording of which is cumbersome, overloaded with blanket features and lacks the certainty required in terms of ensuring the unity of law enforcement.
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Tobroni, Faiq. "Antara Cita-cita Konservasi dan Kerentanan Masuk Sandera Eksploitasi (Kajian Atas Beberapa Judicial Review terhadap UU Kehutanan)." Jurnal Konstitusi 8, no. 3 (May 20, 2016): 315. http://dx.doi.org/10.31078/jk834.
Abstract:
This paper aims to discuss some decisions of the Constitutional Court on judicial review of the Forestry Law. There are both positive and negative. A positive decision, to my opinion, can seen in No 013/PUU-III/2005 and No 021/PUU-III/2005. The reason I regard as a positive is based on the consequences of decision, which legitimates article about the ban on illegal logging in forests and the confiscation of equipment for stealing wood as constitutional ones. It is supporting conservation.A decision that negatively affects the spirit of conservation is noted in decision No. 003/PUU-II/2005. This ruling tends to prioritize legal certainty for mining companies to resume an open mine system in the preserved forestry. The author saw this one as reflection of the legal policy construction on forestry law that is taken hostage by exploitation interests.This paper, furthermore, tries to uncover the legal policy construction on forestry law as the base of problem sources. Therefore, the author needs to search for not only informations which are in the textual decision, but also ones are beyond it. The larger model of legal policy can be seen from the process of determining emergency condition when formulating the Stipulation of Government Regulation in Lieu of Law (Perpu), then when changing the Perpu become law, and government regulations concerning forestry post-decision of the Court Number 003/PUU-II/2005.The advantage of this paper is on efforts to uncover the source alignments of forestry law on the big corporation based on decision number 003/PUU-II/2005. It to know this source that could be an important basis to understand why decision of the Constitutional Court on the preserved forest is taken hostage.
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Костєнніков, Дмитро. "Theoretical-conceptual basis of the mechanism of public regulation of qualified labor immigration." Public administration aspects 8, no. 1 (February 29, 2020): 68–75. http://dx.doi.org/10.15421/152007.
Abstract:
The modern progress of the process of integration of Ukraine into the European space explains the objectivity of supporting this process with the phenomenon of immigration. This state of affairs increases the attention of scientists to the study of the impact of immigration on the economic, socio-political, legal state of the state and raises issues of national security and national interests. Ukraine needs to develop a long-term state immigration policy, which will result in the country's real readiness for the immigration process and the resolution of any problematic issues related to that process. As international experience shows, the migration of skilled labor has both positive and negative aspects. Without proper management mechanism and the basis, the state's unwillingness to immigration, both legal and illegal, the state suffers losses and is exposed to negative criminogenic phenomena. Instead, if it is prepared, the state can receive financial contributions to its own budget from the labor of immigrants, without incurring losses and costs for their maintenance. Theoretical and conceptual understanding of the problem of immigration of skilled labor in Ukraine is necessary for solving theoretical and practical problems for making administrative decisions, in particular on the issues of employment of immigrants, creation of appropriate national and regional immigration policy and prevention of illegal migration, economic security of the state, its economic and social interests. Today, there is an urgent need for a comprehensive study of the issue of public regulation of skilled labor immigration, taking into account both European legislation and other regions of the world. The integration of Ukraine into European and international institutions requires bringing its current immigration legislation into line with European and international standards. The countries of Europe have already gone through the appropriate stages of the influx of labor and have emerged from the crisis states that this leads to, so as never before, it is important to gain a positive experience in solving this problem in Ukraine.
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Gubska, Olena. "Features of the implementation of discretionary powers by subjects of power and courts of the method of protection during administrative proceedings." Slovo of the National School of Judges of Ukraine, no. 4(33) (March 15, 2021): 58–75. http://dx.doi.org/10.37566/2707-6849-2020-4(33)-5.
Abstract:
This article aims to the study of discretionary powers of subjects of power and the courtof the method of protection during administrative proceedings. The article presents the concept of discretion, framework, the history of the emergence of the concept of discretionary powers and the consolidation of this concept not only in domestic legislation but also in international instrument. The author claims that not all decision-making powers of the authorities are discretionary. Discretion is valid only when, within the framework of the law, a state body can independently (at its own discretion) choose one of several options for a specific legal decision. At the same time, the powers of state bodies are not discretionary, when there is only one lawful and legally justified variant of behavior of the subject of power. It was noted that discretionary powers should be limited by the current legislations. Their unjustified expansion will contribute to illegal decisions, increase various negative phenomena, including abuse of power. The article analyzes the numerical practice of the European Court of Human Rights, which enshrines the principle of prohibiting the intervention of the judiciary in the discretion of state authorities and substituting themselves for these bodies by making decisions on cases of legal entities or individuals. At the same time, it is emphasized that the Code of Administrative Judicial Procedure does not contain clear provisions that should guide the courts in determining the limits of judicial discretion. However, the court must be guided by the rules of substantive and procedural law, the principle of the rule of law. On one side, the court cannot exceed the limits of its intervention, but on the other side, its intervention must be effective and sufficient to ensure the implementation of the tasks of administrative proceeding and review of decision, action or inaction of the subject of power in accordance with the criteria of the Code of Administrative Judicial Procedure of Ukraine (section 2). Establishing the fact that the subject of power has the right to act in deciding at its discretion and compliance with the subject of the application of all the conditions prescribed by law to obtain a positive result affects the method chosen by court to protect individual rights. Keywords: discretion, discretionary powers, limits of application, judicial control, exceeding of authority.
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�nyshko, Oksana. "LEGAL, SOCIAL AND HISTORICAL ASPECTS OF LEGALIZATION OF SEXUAL SERVICES." Social Legal Studios 10, no. 4 (December 25, 2020): 101–8. http://dx.doi.org/10.32518/2617-4162-2020-4-101-108.
Abstract:
The main legal ways to the socio-political regulation of sexual services (prostitution) in different countries are considered. The main problems facing the society of each state in the field of regulation of prostitutes activity, their so-called �curatores� and clients. The participation of the state in identifying and solving the problems of the sex industry are defined. It is determined that an important role in the legalization of prostitution is played not only by the legal but also by the moral and ethical aspects, which have a lot of limits in every society. Four models of prostitution regulation that exist in different countries of the world are analyzed. It is substantiated that not every model in itself is effective and is optimal for implementation. It depends of the legal system, level of consolidation of society and position of the government on this issue. Criminal liability for pimping, which exists in Ukraine, is only a small positive step in the fight against illegal profits related to the exploitation (voluntary or forced) of another person's body. The negative point in this area is the lack of social, medical and legal protection of prostitutes, as their clients are also at risk. So, the legalization on of the sexual services is necessary for our state, but it must be preceded by a series of successive authority�s steps: public dialogue on different public platforms, changes in legislation and government administrative decisions.
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Kalyuzhnaya, Ol’ga V. "Projects Against Peasant Drunkenness in the Russian Empire in the Early 20th Century." Vestnik of Northern (Arctic) Federal University. Series Humanitarian and Social Sciences, no. 4 (October 15, 2022): 5–15. http://dx.doi.org/10.37482/2687-1505-v197.
Abstract:
This article examines the projects aimed to combat peasant drunkenness that were discussed by the local committees of the Special Meeting on the Needs of the Agricultural Industry in Russia in 1902–1903. The attitude of the committee members to drunkenness as a social, economic and medical problem is shown. Committee members identified the following factors as provoking peasant drunkenness: monopoly on alcohol (which prompted an increase in illegal trade), large number of holidays, as well as traditions of drinking alcoholic beverages in connection with socially significant events. Further, key negative phenomena of peasant life caused by drunkenness highlighted by the participants of the local committees are analysed here: economic and moral decline, increased crime rate, and growing number of diseases (primarily mental). In addition, the main projects against drunkenness that were discussed by the district and provincial committees are considered. The projects proposed can be roughly grouped as follows: measures for substituting vodka for milder alcoholic beverages (in particular, beer); measures for restricting the use and sale of vodka (a ban on sale during holidays and socially significant events, as well as a complete ban on production and sale); tougher penalties on drunkards; educational measures. The final decisions adopted by the committees were, however, less stringent and mainly focused on reducing the consumption of alcoholic beverages in the street and limiting the places and hours of sale of vodka, as well as on spiritual and moral education of peasants by teachers and clerics.
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GLUKHOVA, A. V., and D. V. SHCHEGLOVA. "CONCEPTUAL AND METHODOLOGICAL FOUNDATIONS OF THE POLITICAL AND LEGAL ANALYSIS OF THE CONSTITUTIONAL REFORM IN THE RUSSIAN FEDERATION 2020 (EXPERIENCE OF EXPERT ASSESSMENTS)." Central Russian Journal of Social Sciences 15, no. 6 (2020): 88–102. http://dx.doi.org/10.22394/2071-2367-2020-15-6-88-102.
Abstract:
The purpose of the article is to study the conditions and consequences of reforming the political system by adjusting the Constitution as its political and legal basis. The research methodology in solving the assigned tasks is the political, legal and legal approaches in the interpretation of the legality and legitimacy of the decisions made; systemic, communicative and conflictological approaches in assessing the transformation of the political and legal foundations of the political regime. An all-Russian expert survey was conducted (70 experts, 25 cities of the Russian Federation), which made it possible to assess the content of the amendments made to the Constitution of the Russian Federation in terms of the emergence of risks to the stability of the political system. As a result of the performed political science analysis, the attitude of experts to the content and procedure for amending the Constitution of the Russian Federation was revealed. According to experts, the most illegal are (in descending order): "zeroing" of presidential terms; popular vote; form of amending the Constitution of the Russian Federation. Among those who consider the amendments to be legal, there are more representatives of two age cohorts: up to 40 years old and over 64 years old, although negative assessments remain dominant in this case. Middle-aged people are more critical. The scientific degree (doctors / candidates of science), as well as the field of professional activity (lawyers / non-lawyers) practically do not differ in assessing the legal nature of the amendments made to the Constitution of the Russian Federation (with the exception of certain points).
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Lin, Joyce. "The Conditions That Promote or Discourage Physical Punishment as Described by Taiwanese and Taiwanese American Mothers." Journal of Cross-Cultural Psychology 51, no. 3-4 (April 8, 2020): 222–40. http://dx.doi.org/10.1177/0022022120913615.
Abstract:
Physical punishment and the conditions that promote and discourage its use were explored in a sample of Taiwan-born mothers living in Taiwan ( n = 19) and the United States ( n = 15), and U.S.-born Taiwanese American mothers ( n = 15). Grounded theory was used to extract themes from focus group transcriptions. Mothers from all groups indicated that they preferred a variety of nonphysical methods to correct their children’s misbehaviors. U.S.-born mothers were less likely to report use of violent/forceful physical punishment than the other two groups. Some conditions were associated with mothers’ use of physical punishment, such as holding traditional gender beliefs, believing in filial piety and familism, having experienced physical punishment, receiving support from others for physical punishment, experiencing physical punishment as being effective for one’s child, and having a male child. However, other conditions were associated with the rejection of physical punishment, including believing in saving face or the stereotype that physical punishment is illegal in the United States, having personally experienced physical punishment as negative, having experienced nonphysical discipline/punishment, experiencing physical punishment of one’s child as ineffective, and experiencing regret from physical punishment use. Conditions related to physical punishment use and rejection ranged from distal to proximal, and these independently and interactively influenced choices to use physical punishment or not. Findings emphasize the complexity of caregivers’ decisions to use or reject physical punishment, underscoring both maternal experiences and cultural contributions, and highlighting areas that researchers and interventionists may further explore to reduce the use of physical punishment.
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Bondarenko, Dmitriy. "AN ALGORITHM FOR MANAGING THE ECONOMIC SECURITY OF TOBACCO INDUSTRY ENTERPRISES IN THE CONTEXT OF NATIONAL THREATS AND INTRA-COUNTRY RISKS." Russian Journal of Management 11, no. 4 (December 30, 2023): 719–32. http://dx.doi.org/10.29039/2409-6024-2023-11-4-719-732.
Abstract:
In the presented scientific article, the author analyzes the main trends in the de-velopment of the tobacco industry of the Russian Federation and key players in the tobacco market. A trend analysis of the production and sale of tobacco products, as well as restrictive measures of state policy aimed at reducing the consumption of tobacco products in accordance with current legislation, was carried out. The information on the size of the shadow tobacco market is pre-sented and it is concluded that the growth in sales of illegal types of tobacco products represents one of the threats to economic security for tobacco industry enterprises. Focusing on modern national threats, the author's vision of the es-sence of the algorithm for ensuring the economic security of the tobacco industry was presented and the main stages were presented, with a concretization of the list of actions. When conducting a set of analytical procedures, primary infor-mation from the monitoring system of threats to the economic security of tobacco industry enterprises is used, which makes it possible to identify and analyze not only internal threats related to the financial condition of the enterprise, opera-tional risks, managerial efficiency and other factors, but also external threats, the occurrence of which is caused by the situation on the international the arena and the national economy. Regular monitoring of these threats helps to prevent fi-nancial losses, reputational damage and other negative consequences. promptly respond to stressful situations, develop strategies to prevent threats and make reasonable decisions for successful business development.
30
Channov, Sergey E. "The use of digital technology in the public administration." Izvestiya of Saratov University. Economics. Management. Law 21, no. 4 (December 16, 2021): 419–28. http://dx.doi.org/10.18500/1994-2540-2021-21-4-419-428.
Abstract:
Introduction. The article is devoted to the use of digital technologies in the field of public administration using the example of state and municipal information systems. Currently, two types of such systems can be distinguished in the Russian Federation: 1) allowing direct enforcement activities; 2) used to capture certain information. Theoretical analysis. Information systems of the first type acquire the properties of an object of complex legal relations, in which suppliers and consumers of information, government bodies, as well as other persons become participants. This entails the fact that in the implementation of public administration, the source of regulation of public relations to a certain extent becomes the program code of these information systems. Accordingly, any failures and errors in the public information system become facts of legal importance. Empirical analysis. The main risks of using information systems of the second type in public administration relate to the illegal access (or use) of information stored in their databases. The consolidation of databases containing different types of information is a serious threat. In this regard, the creation of the Unified Federal Information Register containing information about the population of the Russian Federation, provided for by the Federal Law No. 168-FZ of 08.06.2020, may lead to a large number of socially negative consequences and comes into obvious conflict with the legislation on personal data. Results. State and municipal information systems themselves can improve public administration, including reducing corruption in the country. At the same time, their reduced discretion in management decisions is not always appropriate. Accordingly, their implementation should be preceded by the analysis of the characteristics of a specific area of management, as well as the proposed use of digital technologies.
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Bengesai, Annah V., Hafiz T. A. Khan, and Russell Dube. "THE ASSOCIATION BETWEEN SEXUAL BEHAVIOURS AND INITIATION OF POST-SECONDARY EDUCATION IN SOUTH AFRICA." Journal of Biosocial Science 51, no. 1 (January 21, 2018): 59–76. http://dx.doi.org/10.1017/s0021932017000670.
Abstract:
SummaryAlthough young people in South Africa are growing up in an era where their socioeconomic circumstances are seemingly better than those of their parents’ generation, they face greater risks in their trajectory to adulthood. This is mainly because the environment in which they are making sexual decisions is also rapidly evolving. Currently, South Africa has the highest prevalence of HIV and AIDS in the world among young people aged 15–24. This study examined the effect of sexual behaviours initiated in adolescence on enrolment in post-secondary education. The analysis was conducted using data from the longitudinal Cape Area Panel Study (CAPS, Waves 1–5) conducted in 2002–2009, which focused on young people’s sexual behaviours in Cape Town, South Africa. The sample was restricted to 3213 individuals who reported sexual debut during adolescence. Using logistic regression models fitted separately for males and females, the results revealed that several factors acted as either hindrances or protective factors to enrolment in post-secondary education. Early sexual debut (by age 17) was negatively associated with participation in tertiary education. Other variables that had a negative effect included not using contraception at first sex, parenthood, engaging in risky behaviours such as illegal substance use, cigarette smoking and drinking alcohol and neglect of school homework (doing less than an hour a day). Higher levels of parental education (except for paternal education in the female model), urban residence and higher aspirations and analogous behaviours (studying) acted as protective factors and were positively associated with post-secondary education initiation. The paper also points to the relationship between early sexual debut and persistent socioeconomic inequality and provides empirical evidence for re-thinking policy development and implementation around schooling and sex education.
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Arieftiara, Dianwicaksih, Sidharta Utama, Ratna Wardhani, and Ning Rahayu. "Contingent fit between business strategies and environmental uncertainty." Meditari Accountancy Research 28, no. 1 (September 25, 2019): 139–67. http://dx.doi.org/10.1108/medar-05-2018-0338.
Abstract:
Purpose This study aims to examine the contingent fit between business strategies and environmental uncertainty and its effect on corporate tax avoidance. Design/methodology/approach This study uses a two-stage linear regression method comprising multinomial logistic regression and panel data regression. Findings This study finds that under highly uncertain conditions, the contingent fit of prospector strategy is higher than the contingent fit of other two strategies, i.e. defender and analyzer strategy. The study fails, however, to demonstrate that under highly uncertain conditions, this study finds that under highly uncertain conditions the contingent fit of a “prospector” strategy is higher than for “defender” and “analyzer” strategies. The study fails, however, to demonstrate that under highly uncertain conditions the contingent fit of a defender strategy is higher than that of an analyzer strategy. The study also finds that the contingent fit between prospector strategy and environmental uncertainty has a positive effect on tax avoidance, and this effect is higher than for the misfit strategies. Moreover, in such environments the fit level of a defender strategy has a negative effect on tax avoidance while environmental uncertainty has a positive effect on tax avoidance. Research limitations/implications This study estimated competition uncertainty using the Herfindahl index to measure competitive intensity in an industry. However, only the data from public listed companies was used due to a lack of data availability for non-public companies. Consequently, further study is recommended to include the total number of companies within an industry as a proxy of competitive intensity. Practical implications The results implied that managers, not only in Indonesia but also in other countries as well, specifically emerging countries (generally the environmental uncertainty in emerging countries is high) should consider the contingent factors when making business strategy decisions. Managers must be aware of the contingent fit with environmental uncertainty, and therefore, must assess external conditions prudently. Furthermore, the results of this study showed that managers should pay more attention to the effects of their decisions on corporate tax avoidance, while aligning their business strategy decisions with corporate tax planning strategy to obtain an optimal outcome for the company. Social implications The Directorate General of Taxes and Board of Fiscal Policy, as regulators, need to comprehend environmental uncertainty to issue various policies that can ease the burden of the taxpayer to remain in business, particularly during the turbulence environment so that can prevent the companies doing illegal practices and will eventually reduce the number of tax avoidance. Originality/value This study developed alternative measure of tax avoidance, which is tax avoidance latent variable score (TAXLVS). The TAXLVS was derived from confirmatory factor analysis of previous existing tax avoidance measurements. This study is also the first that analyzes the effect of business strategy on tax avoidance using contingency approach.
33
Es'kov, Aleksandr Vasil'evich, and Vitaly Nikolaevich Tsimbal. "Development of the “Safe city” software and hardware complex on the example of the municipality city of Krasnodar." Вопросы безопасности, no. 3 (March 2023): 21–36. http://dx.doi.org/10.25136/2409-7543.2023.3.40920.
Abstract:
The safety of the human environment is a fairly relevant area of research at the present time. Existing technologies make it possible to prevent threats to society and an individual in megacities, as well as to minimize potential negative factors from their manifestation, and should be implemented actively and in a timely manner. The relevance of the study is due to the fact that a city with a population of more than a million people should have at its disposal a modern and efficient mechanism for managing it, which allows making decisions in the shortest possible time and quickly enough in the field of ensuring public safety and comfortable life. Such a mechanism is the "Safe City" system. However, despite the widespread introduction of such systems in most cities, they require constant qualitative improvement: the addition of new functions and the results of scientific achievements. The work is devoted to the study of the effectiveness of the application of the hardware-software complex (HSC) "Safe City" on the example of the municipality of the city of Krasnodar, as well as proposals for its improvement. In particular, the addition of additional functionality and individual technical and software solutions (biometric technologies, recognition of actions of people, objects and subject, neural network technologies, etc.), which will improve the quality of its work, in order to ensure the safety of the life of a modern city, responding to threats to public safety and eliminating their consequences (illegal acts, emergencies accidents, natural phenomena). The scientific novelty consists in a comprehensive study of the effectiveness of the application of the HSC "Safe City" in the city of Krasnodar and the formulation of proposals for its improvement. The scientific value of the work lies in the fact that the presented proposals can be used in practice when improving the "Safe City" system to achieve a decent standard of living for citizens in a modern city, its security and safety.
34
Khristyuk, Anna, and Khachatur Asatryan. "The Personality of a Modern Bribetaker." Russian Journal of Criminology 18, no. 1 (March 22, 2024): 37–48. http://dx.doi.org/10.17150/2500-4255.2024.18(1).37-48.
Abstract:
A persistent negative situation in the sphere of corruption in Russia, as well as the enforcement of a new National Anti-corruption Plan for 2021-2024 approved by the Decree of the President of the Russian Federation of August 16, 2021 № 478, the search for new forms and methods of preventing this criminal social phenomenon and of counteracting it gain a special urgency. Experience shows that criminal law measures are not sufficient for counteracting corruption. Due to this, the role of criminology seems especially vital. A comprehensive study of the criminal’s personality will help to improve the effectiveness of preventive work for the category of people under consideration. The goal of the work is to research specific socio-demographic, moral-psychological, role and criminal law characteristics of the personality of a bribetaker in Russia today. The research is based on the analysis of Russian and foreign publications in journals of law and sociology. The empirical part consists in studying the decisions of the courts of general jurisdiction of different subjects of the Russian Federation (from 2018 to 2023) and official statistical information on criminal prosecution under Art. 290 of the Criminal Code of the Russian Federation. Besides, the author carried out a content analysis of electronic mass media on high-profile cases of bribery involving officials at different levels. It was found that, at the present time, a bribetaker in Russia is male (with a growing share of female bribetakers), aged 30-49, a Russian citizen with a higher education, married with underage children, employed by law enforcement or state and municipal bodies. He is described favorably as a responsible, sociable and competent person both at work and in personal life. Key individual psychological features include emotional stability, ability to control and manipulate people, ability to build necessary connections, denial of moral and criminal norms, avarice, tolerance to corruption, thirst for power and a desire to prove himself through illegal actions.
35
Fursa, Svitlana, and Oleksandr Slipchenko. "Moral damage and its perception during war: theory, legislation and judicial practice." Slovo of the National School of Judges of Ukraine, no. 1(42) (September 4, 2023): 57–71. http://dx.doi.org/10.37566/2707-6849-2023-1(42)-5.
Abstract:
This article analyzes the scientific works and conclusions of the members of the Scientific Advisory Council of the Supreme Court, devoted to the topical and quite important and debatable issues of compensation for moral damage and the formation of the amount of compensation. The norms of the Civil Code of Ukraine, which regulate moral damage and its compensation, the norms of the Constitution, the judicial practice of consideration of civil cases on the compensation of moral damage to the citizens of Ukraine caused by the armed aggression of the Russian Federation, as well as criminal cases, were analyzed.It was concluded that a particular difficulty in providing evidence in cases of compensation for moral (non-property) damage arises when criminal cases are considered in court, where illegal actions are performed by three or four persons. The complexity of such cases lies in the fact that it is very difficult to establish which individual's actions caused negative consequences for the victim, and the amount of compensation depends on this.In this regard, the author's analysis of court practice is quite important, in particular, the verdict of the Trostyanets District Court of Sumy Oblast dated May 9, 2023, according to which a civil claim for compensation for property damage caused by a criminal offense committed by the invaders during the period of moral damage, in particular the materials of the criminal case, where the actions and events of the committed crime were recorded, gave grounds to conclude that there are three types of evidence in cases regarding the compensation of moral damage: a) direct evidence; b) indirect evidence; c) decisive evidence. Special emphasis is placed on the assistance of the prosecutor's office in protecting the rights of Ukrainian citizens by presenting group lawsuits to the court, the mechanisms of forming such claims, collecting and recording them are revealedcircumstances and evidence needed by the courts when considering this category of cases. Particular attention is paid to the grounds of the lawsuit, in particular, generally known circumstances that do not require proof are identified. But the authors argue that the court should approach the definition of such grounds individually, taking into account the age of the persons who suffered moral damage and the consequences that have come to them. Key words: moral damage, war, compensation for damage, lawsuit, court, amount of moral damage, evidence, expert, arguments, court decisions.
36
Stasyuk, S. V., V. V. Maistrenko, V. B. Engstrem, and A. V. Kvitko. "METHODOLOGICAL APPROACHES TO DETECTING UNDECLATED WORK." Labour protection problems in Ukraine 39, no. 3-4 (December 31, 2023): 3–7. http://dx.doi.org/10.36804/nndipbop.39-3-4.2023.3-7.
Abstract:
Negative economic phenomena such as the informal labor market and informal employment in the formal sector are becoming increasingly widespread and pose a major threat to the economy as a whole and to social security in the labor market. These phenomena have the following common features: illegal employment of an employee without entering into an employment contract, which is provided for by the current legislation of Ukraine, concealment of actual working hours and payment of wages "in an envelope", substitution of actual employment contracts with civil and commercial contracts, non-payment of taxes, social insecurity and a high probability of employees being unemployed. At the same time, in the event of an injury in the informal labor market, the injured worker must spend significant funds on treatment without any compensation payments.
The author examines the priority areas of state policy aimed at eliminating the threats of the informal labor market and the main reasons for the spread of informal employment in Ukraine, taking into account the specifics of the current state of the economy, as well as the consequences of informal social and labor relations for both the employee and the state (a significant reduction in the volume of budget revenues, as well as the share of tax revenues). The purpose of this study is to create tools for assessing the status of formalization of labor relations in Ukraine with a view to properly organizing state supervision (control) measures to identify undeclared labor relations, and to ensure uniformity of approaches for labor inspectors to assess the risks of undeclared labor by entities. A phased expert evaluation of measures to reduce production risk at an industrial enterprise with the introduction of weighting coefficients according to certain criteria is proposed. A consistent model for managing the risks of using undeclared labor has been developed, based on a component method for assessing the risk of traumatic events and a mathematical model of management decisions. This model takes into account all available information on labor relations obtained from various sources of its accumulation in the executive authorities, stimulates preventive activities and allows to establish the dependence of the level of occupational risk on the validity of labor protection measures and reduce the influence of the subjective component of expert judgments
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Idrizi, Bashkim. "Treatment of cartography in official classification of fields of sciences and its misuse by the State Educational Inspectorate and the University of Tetova." Abstracts of the ICA 1 (July 15, 2019): 1–2. http://dx.doi.org/10.5194/ica-abs-1-135-2019.
Abstract:
<p><strong>Abstract.</strong> Cartography in the under-law regulation for classification of fields and sciences in North Macedonia (page 49-93, annex 2, official gazette no.103 year 2010, http://www.slvesnik.com.mk/Issues/3F71A9F8CEFC884D813AD80158E3FBAD.pdf) in the same time is listed under the natural and technical sciences with two separate codes, namely: 10502 under the group of geography fields and 20606 under geodesy fields (official gazette no.103 year 2010, annex 2, pages 51 and 57). Based on this classification, non-cartographers, even official officers of the governmental institutions, gets wrong indicator as if they were two different type of science fields. This was the legal base for deliberately abuse by the officials in the State Inspectorate of Education in North Macedonia (http://dpi.mon.gov.mk) and University of Tetova (www.unite.edu.mk), which began on January 2016.</p><p>In the minutes and decision nr.09-38 from 18.01.2016, contrary to article 17 of the Law for educational inspection (http://mon.gov.mk/images/documents/zakoni/zakon_za_inspekcija_26-02-2016.pdf), the state educational inspector Gjorgji Ilievski, made artificial and crucial difference between cartography as science under technical sciences and cartography as other science under natural sciences, by deciding that those who has PhD on cartography in technical faculties such as geodesy are not eligible to be elected as cartography lecturer/professor in the faculties of natural sciences such as geography department. This is non-professional and non-real distinction, however in the law system of North Macedonia, the signed decision nr.09-38 has an inspectional executive legal status, which should be obligatory used by the others as a legal base for other decisions. This is very dangerous situation, because the official decision by the state institution (State Educational Inspectorate) have to be used by all other institutions as a legal base for other procedures/decisions, even though it contain totally incorrect and non-professional proof!</p><p>Based on the decision nr.09-38 from 18.01.2016 of the State Educational Inspectorate, on 22.06.2016 Vullnet Ameti as Rector of the University of Tetova has signed a decision nr.02-2094/1 for revocation of academic degrees in cartography under the natural sciences, with the same justification that “a PhD title on cartography that has been acquired in technical sciences is not eligible for getting academic position of cartography professor in geography department”. This is the second official document/decision which has direct negative impact to cartography and cartographers in North Macedonia.</p><p>Main proof which proves that both decisions are deliberately abuse by the officials in the State Inspectorate of Education in North Macedonia and the University of Tetova is classical falsification on my professional identity. In both documents, signer’s educational inspector Gjorgji Ilievski as well as rector Vullnet Ameti have used wrong profession for my education as civil engineer, even though I have never studied in my life the civil engineering. In both documents, the signers have written supposedly that my PhD diploma is on civil engineering with code 207 (based on official gazette nr.103, year 2010; page 57). Such kind of decisions in which the signers change your profession without any document, is a crime and violation of the human rights.</p><p>For the crime, falsification, non-real difference of scientific fields and non-professional actions, with the deliberately abuse by the officials in the State Inspectorate of Education in North Macedonia and the University of Tetova, all relevant institutions of North Macedonia have been informed, such as: Ministry of Education and Science, Academy of sciences, Ombudsman, Public prosecution, the Office of Prime Minister, the commission for anticorruption, the council of inspections, the administrative inspection, the administrative court, and the commission for discrimination, as well as some international organizations accredited in North Macedonia. However, until today, the end of February 2019, any concrete decision which will punish the signers of decisions with wrong proofs doesn’t reached to me!</p><p>In order to proof the opposite of those used in both decisions/minutes of State Inspectorate of Education in North Macedonia and the University of Tetova, the clarification has been asked to be given by the Sector for high education in the Ministry of Education and Sciences of North Macedonia (www.mon.gov.mk), and by the International Cartographic Association (www.icaci.org). Two documents with answers have been delivered from both institutions. Answer of the sector for high education nr. 14-9498/2 of 17.08.2017 prove that my PhD thesis defended in year 2007 in geodesy department at the Faculty for civil engineering of the University of “St. Cyril and Methodius” in Skopje is in the field of cartography, as well as prove that doesn’t exist any difference between cartography listed in the technical and natural sciences in the under-law regulation for classification of fields and sciences in North Macedonia (annex 2, official gazette no.103 year 2010). Non-existing difference between cartography listed under the technical (geodesy) and natural (geography) sciences is proved also in the “Letter of Clarification/Confirmation for Cartography as independent science and its relation to natural and technical sciences” issued by the International Cartographic Association on 02.10.2018. Both documents have been submitted by me to the State Inspectorate of Education in North Macedonia and the University of Tetova, as well to other relevant institutions in North Macedonia, however until today, this issue has not been solved by any institution in North Macedonia. Therefore, additional international input by the International Cartographic Association is needed, because the destiny of cartography, cartographers and the individuals who are dealing with cartography can-not be left in hands of irresponsible officers who misuse their official positions to sign such a kind of illegal decisions (nr.09-38 from 18.01.2016, and nr.02-2094/1 from 22.06.2016) in order to punish certain people, in this case punishing me!</p><p>The used codes 10502 for cartography under the group of geography fields and 20606 under geodesy fields (official gazette no.103, year 2010, annex 2, pages 51 and 57) are part of the under-law regulation known in North Macedonia as “International Frascati Classification of scientific fields”. However, this type of classification is not fully compatible with the Frascati classification, which means that usage of word “international” doesn’t reflect the reality. The proofing of this statement is very easy. In any country worldwide can not be recognized the same classification with same codes 10502 and 20606 for cartography, even all codes used in this regulation. These proofs clearly indicate that the classification in North Macedonia called “International Frascati Classification of scientific fields” is not an international classification, so it is just a classification in national level, and it is not internationally used.</p><p>The beginning of this kind of classification in North Macedonia was established in year 2001 within the Tempus project CME-03118-97 (http://ftu.uklo.edu.mk/FTU/html/soopstenija/naucni%20polinja.pdf), and is formalized in year 2010 as underlaw regulation for “International Frascati Classification” (official gazette no.103, year 2010, annex 2). The classification called “Класификација на Научни Полиња, Подрачја и Области (Дисциплини) на Истражување” is performed in year 2001 within the project “Developing a system for quality assessment of educational performance to be introduced in Macedonian universities” under the Tempus programme CME-03118-97, by defining 960 scientific fields in the third level of classification, based on CERIF 1998 (Common European Research Project Information Format), UNESCO 1998 and two levels of Frascati Manual 1993 by OECD (Organization for Economic Cooperation and Development , https://unesdoc.unesco.org/ark:/48223/pf0000101730). Nine year later, on year 2010, this project output (list of classification) has been used as a basic document for officialization of the classification of scientific fields in North Macedonia.</p><p> Even though classification from year 2010 (official gazette no.103, year 2010, annex 2) is based on documents from year 1993 (by OECD) and 2001 (by TEMPUS project), it is still in official use in North Macedonia for all official procedures in the high education sector, although it is more than 2 decades old and doesn’t fit the big technological changes happened in sciences during the last decades. Unfortunately, contrary to the reality, it is used as legal and professional base for illegal minutes and decision nr.09-38 signed by Gjorgji Ilievski on 18.01.2016 and decision nr.02- 2094/1 signed by Vullnet Ameti on 22.06.2016.</p><p>Since the state educational inspectors in State Educational Inspectorate are officers with bachelor or master education in pedagogy, history, geography, physical education etc., the supervision of high educational process in public and private universities in North Macedonia is in very critical point, because the officers with bachelor or master degree on education have to supervise university professors in specific scientific areas, which is impossible mission!</p><p>At the web site of the Ministry of education and sciences (http://www.mon.gov.mk/index.php/2014-07-24-06-34-40/pravilnici), in the page for regulations, as well as in the page regulation of the web site of the State Educational Inspectorate (http://dpi.mon.gov.mk/index.php/regulations/pravilnici), searched on February 2019, the “International Frascati Classification” from year 2010 (official gazette no.103, year 2010, annex 2) is missing.</p><p>In the latest Law for high education in North Macedonia (official gazette no. 82, year 2018, http://www.slvesnik.com.mk/Issues/e70eb6afb4a04960b76db298d126db17.pdf), Frascati Classification is kept as basic document for two levels of classification, defined in article 2 point 16, while the third level should be defined as national standard (article 43, point 18). However, until today a new classification is still not defined, so unfortunately the older one from year 2010 with data from years 1993 and 2001 is still in official use.</p><p>During the oral presentation within the upcoming ICA conference in Tokyo-Japan, many practical problems in cartography are coming from mentioned regulation and its misuse by the state educational inspectors in North Macedonia and the University of Tetova, authenticated with concrete official documents will be presented.</p>
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Werdiningsih, Indah, Endah Purwanti, Gede Rangga Wira Aditya, Auliya Rakhman Hidayat, R. Sulthan Rafi Athallah, Virda Adisty Sahar, Tio Satrio Wibisono, and Darren Febriand Nura Somba. "Identifying Credit Card Fraud in Illegal Transactions Using Random Forest and Decision Tree Algorithms." Jurnal Sisfokom (Sistem Informasi dan Komputer) 12, no. 3 (November 8, 2023): 477–84. http://dx.doi.org/10.32736/sisfokom.v12i3.1730.
Abstract:
The use of credit cards is increasing in today's digital era. This increase has resulted in many cases of fraud which have had a negative impact on credit card owners. To overcome this, many financial institutions have developed credit card fraud detection systems that can identify suspicious transactions. This study uses a classification method, namely random forest and decision tree to identify illegal transactions using a credit card, which then compares the results and attempts to create a model that can be useful for detecting fraud using a credit card that is more accurate and effective. The result of this study is that the accuracy provided by the Decision Tree Classifier is 0.98, while the accuracy provided by the Random Forest Classification is also 0.975. The conclusion obtained that the decision tree has a higher level of accuracy compared to the Random Forest Classification Algorithm, which is 98%. On the other hand, the Random Forest classification algorithm has a slightly lower level of accuracy compared to the Decision Tree classification algorithm, with an accuracy rate of 97.5%
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Basanets, I. "THEORETICAL ESSENCE OF BUSINESS ENTITIES FOREIGN ECONOMIC ACTIVITY AUDIT." Vìsnik Sumsʹkogo deržavnogo unìversitetu 2021, no. 3 (2021): 248–53. http://dx.doi.org/10.21272/1817-9215.2021.3-28.
Abstract:
The growth of business activity of foreign economic activity entities leads to an increase in illegal transactions. Accordingly, there is a need for greater control over the international activities of enterprises. This control can be exercised both at the state level and at the business entity level through an audit. A comprehensive audit system of foreign economic transactions should solve the problem of the tax base of export-import transactions. Incorrect determination of the tax base leads to an understatement of tax amounts, which leads to a decrease in the country's financial security. Negative consequences for foreign economic activity entities due to unconfirmed tax transactions caused in the form of fines and distortions of financial indicators lead to a decrease in financial confidence in the company by foreign users of information and investors and buyers. Therefore, the issues of auditing foreign economic activity are relevant to improving the economic security of the state and the entity. The purpose of the article is to study the theoretical and methodological approaches to the organization and business entities' foreign economic activity audit. To achieve this goal, scientific abstraction, dialectical, logical generalization, analysis, synthesis, induction, and deduction were used. The main results of the study: 1) based on a comparative study of several scientific sources, it is established that today there are three types of audit of foreign economic activity: domestic, independent foreign, and state; 2) systematized the main tasks, so the essential purpose of each of the types of audit of foreign economic activity; 3) it is established that today there is a growing demand for independent audits, the result of which is an independent audit opinion because independent control has the most positive impact on the company's image and its development at the international level. Conclusions: comprehensive audit of foreign economic activity is an ongoing process, which includes three components: 1) internal audit of current foreign economic transactions, the primary purpose of which is to obtain reliable and complete information on financial statements to make sound management decisions; 2) independent external audit during the growth of foreign economic activity of the enterprise, the primary purpose of which is, on the one hand, to increase the confidence of external users in the financial statements of foreign economic activity, and on the other - to avoid potential penalties and, consequently, increase financial security ; 3) state audit, the purpose of which is constant control over the correctness of accrual and payment of taxes by the subjects of foreign economic activity. Carrying out a full-fledged audit of foreign economic transactions requires constant monitoring of various types of factors that affect the emergence of risks in foreign economic activity.
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Radchenko, Liudmyla. "Strengthening of the political component in the antigovernment actions of students in Naddnipryanska Ukraine in the the 90’s of the 19th and the beginning of the 20th centuries." Universum Historiae et Archeologiae 2, no. 2 (October 1, 2020): 26. http://dx.doi.org/10.15421/26190202.
Abstract:
The purpose of the article: to consider the process of strengthening of political requirements, the radicalization of the student movement at universities in the under Russian Ukraine. In modern literature, in our opinion, such questions as the level of schism among students, in particular, the role of the so-called “Academics”, excessive radicalism in assessing professions, the negative impact on the left of radical left parties. Methods: historical-structural, paradigmal, etc. Main results. This article is devoted to the scientific analysis of student disorders in the universities of pre-revolutionary under Russian Ukraine (St. Vladimir University in Kyiv, Novorossiysk University in Odessa, Kharkov University) during the critical period of the 90’s of the 19th and the beginning of the 20th centuries. Using the historical comparative system-structural research methods, an analysis of the evolution of student disorders was conducted during this period; the reasons for substantial changes were revealed. Comparing the students’ requirements of the 60’s when their demands were mostly connected with the academic points, protest movements even of such content became more catastrophic. For example, the Student Judicial Commission stated that it was illegal to award a scientific degree of Doctor of Chemistry to Professor I. P. Osipov, a well-known specialist of Kharkiv University on theoretical inorganic and organic chemistry (in particular, the thermo-chemistry of solution chemistry) in analytical chemistry and pharmacology, the expert on forensic expertise in cases of arsons and fakes. Similarly, the injustice a part of the students shown to Professor O. O. Einhelman (St. Vladimir University) petitioning in courts protecting rights of regular citizens, orphans and a future author of Ukraine Constitution project 1918. The third students’ congress in the beginning of 1896 firstly appeared the slogan of support for the working class. Events of February 1899 when security guards bitten students of Saint-Petersburg University became a kind of watershed after which the opportunity for effective dialogue between the authorities and students narrowed to the limit. Reasons for the rise of radicalism today are known domination of atheistic worldview of the most part of student youth, promotion of left parties, belief in socialism, as a panacea youth minimalism and intolerance to evolutionary politics falling family influence lack of an effective education system in universities. The Rules for students of 1895 forbidden student reading houses, kitchenettes, holding theatrical performances, balls. There were illegal public speeches, fraternity, cash fees, lithographic content of lectures without the permission of professors, etc. It was allowed to create a student’s family as an exception since May 18, 1898, but only with the consent of the director of educational establishment or rector. On the other hand system of material assistance to a poor student was operating; scholarship funds; practice; exemption from payment for studies; dormitories were built. These benefits were denied to Jew students that often made them the most active protesters. The Academic Council of Kharkiv University believed that the students’ disorders were due to the lack of a university professorial disciplinary court, which had disconnected from professors. Mention that after the assassination by student Karpovich the Minister of Education Bogolepov the government made concessions by adopting on December 22, 1901, “Provisional rules for the organization of student institutions in higher educational institutions”. Then on August 24, 1902, the provisional rules were approved for the activities of the professorial disciplinary court, which worked closely. Well, the influence of radical parties of students’ disbelief in the evolutionary principle of the development of disunity of “academics”, so called students who did not want to participate in disorders led to a new round of rebels. Thus, by the beginning of 1905, the students became a “flammable material” that took an active part in the revolutionary events of the beginning of the XX century. The practical significance of the article lies in the possibility of its use in the preparation of historical and pedagogical manuals. A certain originality is the widespread use of archival sources. Scientific novelty. For the first time, concrete examples show the mosaic complexity of student speeches, including those overly radical and largely deeply erroneous decisions that can be explained not only by the inexperience of young people, but also by the peculiarities of the then social and political situation. Type of article: descriptive-analytical.
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Grynchak, Serhii, and Alla A. Grynchak. "Novelization of the provisions of the criminal legislation of Ukraine, which provide for liability for medical crimes and misdemeanors: issues of interpretation and enforcement." Problems of legality 1, no. 164 (May 10, 2024): 173–98. http://dx.doi.org/10.21564/2414-990x.164.290039.
Abstract:
The problems of criminal law protection of life and health of a person in the field of medical care attract the special attention of scientists, because it is about the most valuable constitutional rights and freedoms of a person. At the same time, the results of the analysis of criminal statistics regarding registered medical crimes and misdemeanours, their further pretrial investigation and trial, give grounds for serious concern. The reasons for the negative investigative and judicial practice may be the shortcomings of the legal construction of the norms, numerous changes made to the Criminal Code, as well as the high latency of medical offenses. Therefore, the purpose of this article is a comprehensive study of the amendment of the criminal legislation of Ukraine, which provides for responsibility for medical offenses, identifying the shortcomings and advantages of such legislative decisions, as well as formulating separate recommendations for the enforcement of the norms of the Criminal Code. The following research methods were used to achieve the specified goals. The dialectical method of cognition made it possible to establish the norms of the Criminal Code of Ukraine, which provide for responsibility for medical offenses and to reveal the problems of their enforcement. The historical method made it possible to identify all normative acts that amended the norms of the Criminal Code, which provide for liability for medical offenses. The dogmatic method made it possible to clarify the true content of such concepts as "order of application of transplantation", "activity connected with transplantation", " substantial harm to the victim's health", etc. The systemic-structural method was used to analyse such evaluative concepts as "damage to the victim's health", " substantial damage to the victim's health", "severe consequences", etc., which are used in many provisions of the Criminal Code and are interpreted in different ways in judicial practice. The comparative legal method was used to compare the regulatory national legislation of Ukraine in the field of medical care and the relevant norms of the Criminal Code of Ukraine. The conducted research gave grounds for the conclusion that socially dangerous consequences in the form of "substantial harm to the victim's health", which are provided for in Part 1 of Art. 143 of the Criminal Code, cover the infliction of light physical injuries on the victim that caused a short-term health disorder or minor loss of working capacity, moderate physical injuries, severe physical injuries, as well as infection with the human immunodeficiency virus or other incurable infectious disease. At the same time, negligently causing the death of a recipient during an illegal transplantation requires additional qualification under a set of criminal offenses. The revealed cases of arbitrary and sometimes unsystematic use of different evaluation concepts of harm to human health in the norms of the Special Part of the Criminal Code point to the urgent need for unification in the criminal legislation of Ukraine, both the concept of "harm to health" and the normative consolidation of its types.
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Armstrong, Daniel. "The Arguments of Law, Policy and Practice Against Swiss-Type Patent Claims." Victoria University of Wellington Law Review 32, no. 1 (March 5, 2001): 201. http://dx.doi.org/10.26686/vuwlr.v32i1.5910.
Abstract:
Swiss-type patent claims were first recognised by Switzerland in 1984 as a means of permitting drug manufacturers to gain patent protection following the discovery of a known substance's second or subsequent medical use. Despite dubious legal foundations, particularly the questionable existence of sufficient novelty, Swiss-type claims have been accepted in Europe, England, and, in a recent Court of Appeal decision, New Zealand. Additionally troublesome is that the dominant reason for their acceptance has been the drive for uniformity in national patent laws, a desire that precluded consideration of the various negative practical consequences of accepting such claims. This topic has received little academic comment and this essay redresses that in the most assertive of ways by arguing that Swiss-type claims are illegal, primarily due to a lack of novelty, and that they should be illegal for various reasons of policy and practice.
43
Movchan, R. A. "Analysis of the legislative decision on strengthening criminal liability for looting." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 281–85. http://dx.doi.org/10.24144/2788-6018.2022.01.52.
Abstract:
The article is devoted to the analysis of the legislative decision on strengthening criminal liability for looting. According to the results of the study, firstly, he presented his own vision of those controversial provisions, the mastery of which can cause the greatest difficulties for both ordinary citizens and law enforcement, and secondly, identified and proposed proposals to eliminate inherent shortcomings of the Act. will most likely have a negative impact on the effectiveness of the relevant criminal law prohibitions.
In particular, it is proved that under parts four of Articles 185, 186, 187, 189, 191 of the Criminal Code of Ukraine as "committed under martial law (state of emergency)" should be qualified as the terrain and circumstances of their commission, ie whether they were directly related to the use of the mentioned conditions (in case of martial law or state of emergency).
At the same time, it was concluded that the differentiation of liability should be associated only with the commission of criminal offenses against property in question "using the conditions of martial law or state of emergency", which should be mentioned in the improved versions of the ban in question. provisions".
In addition, the provision is substantiated that the list of acts provided for by the Law of Ukraine of March 3, 2022, for which responsibility should be strengthened in case of their commission in martial law or state of emergency, should be supplemented by violations of Article 190 ("fraud"), 262 (" illegal possession of firearms (except smooth-bore hunting), ammunition, explosives, explosive devices or radioactive materials") and 289 ("illegal possession of a vehicle") of the Criminal Code of Ukraine.
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Huang, Yu Chuan, and Shu Hui Chan. "A Case Study of Illegal Insider Trading — The Scandal of Vultures' Insider Trading." Review of Pacific Basin Financial Markets and Policies 14, no. 01 (March 2011): 81–99. http://dx.doi.org/10.1142/s0219091511002147.
Abstract:
The purpose of this paper is to look at the duration of the four-month period before the window dressing of Power Quotient International Co., LTD. (PQI) annual report between 2004 and 2005 was disclosed. The vultures sold 6,373,000 shares of PQI's stock based on the illegally obtained insider information. The empirical results indicate that the vultures' selling did not make PQI's stock price go down during insider period, but PQI's stock price did appear to rise and significantly exceeded the non-insider period. However, the proportion of vultures' selling is negatively correlated with the changes in PQI's stock price. The effect of vultures' selling is indifferent from the effect of non-vultures' selling during insider period. Market liquidity is also affected unfavorably in the presence of vultures' trading. Additionally, the newspaper's reports on PQI's positive or negative news significantly influence the investment decision of investors in Taiwan, and significantly influence the PQI's price changes and market liquidity.
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Demchyna, Yaroslav. "THE SYSTEM OF CONSTITUTIONAL AND LEGAL GUARANTEES OPERATING IN THE CONDITIONS OF UKRAINE'S DEFENSE." Visnyk of the Lviv University. Series Law 74, no. 74 (June 30, 2022): 89–102. http://dx.doi.org/10.30970/vla.2022.74.089.
Abstract:
Any war is directly related to a significant restriction of human as well as civil rights and freedoms. The war in Ukraine, which began in 2014 and escalated into a full-scale phase, has become the largest armed conflict on the European continent since World War II. It would seem that significant violations of human rights cannot be avoided with such a scale of armed confrontation but at the same time, the practical side of the issue demonstrates that no actual and systematic illegal decisions had been taken by Ukraine towards any conflict participants and civilians. The above raises a reasonable question: "How did Ukraine, in a very brutal, intensive and large-scale war, avoid the negative legal manifestations that had been inherent in any war for the last hundred years?" It was with the aim of understanding this issue that the article was written. The paper is devoted to the research of the issue concerning the system of legal norms protecting the rights and freedoms of man and citizen in Ukraine both under the conditions of the legal regime of martial law and a special period. Certain legal conflicts or inaccuracies that exist in the field of law governing the issues of national security and defense of Ukraine are clarified and explained in this study. Particular attention is paid to those constitutional and legal norms that are limited for the duration of the legal regime of martial law; the legitimacy of such restrictions is explained; a comparison with other constitutional and legal norms is made; as well as the correlation between the norms enshrined in the Constitution of Ukraine and inferior legal norms is demonstrated. The article analyzes of system of legal norms, which to some extent intersect with the constitutional and legal norms and which are aimed at ensuring the rights and freedoms of man and citizen in the conditions of Ukraine's defense. For writing this work, the legal acts (including the acts of international law) that are a part of the national legislation of Ukraine in their logical and continuous connection with the norms of the Fundamental Law are analyzed; answers are provided to the questions as for the legitimacy and the need for certain legal restrictions; the issues of restricting the right to life in the sense of Article 3 of the Constitution of Ukraine are revealed. This article provides the explanations as for the way the Ukrainian state effectively regulates social relations that exist under the conditions of the legal wartime regime and does not allow arbitrariness on the part of any armed structures, government agencies, organizations and institutions with a special mode of functioning of all state institutions. It will be useful for reading not only by the persons who were not previously familiar with the system of legal norms governing legal relations in the field of national security and protection in terms of ensuring the rights and freedoms of man and citizen, but also for people informed in this field who have not systematized their knowledge into a single logical system yet.
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Hozairi, Hozairi, and Yaser Krisnafi. "Decision Support System Determination of Main Work Unit In WPP-711 Using Fuzzy TOPSIS." Knowledge Engineering and Data Science 1, no. 1 (December 31, 2017): 8. http://dx.doi.org/10.17977/um018v1i12018p8-19.
Abstract:
Decision-making to determine the working units for being prioritized to be developed in order to improve fishery monitoring in WPP-711 is imperative. The Ministry of Maritime Affairs and Fisheries should make no mismatch decision-making through long-term calculation and analysis. The problem of determining the priority of working units is a complex problem, thus it is required to find an appropriate method to avoid a missmatch decision. TOPSIS is a decision-making method capable of solving multi-criteria problems. TOPSIS working principle determines the alternative by considering the shortest distance from the positive ideal alternative and furthest from the ideal negative solution. To improve the performance of TOPSIS, this research is integrated with Fuzzy logic with the aim of giving the right numeric value preference. From the test of 11 alternatives of 6 criteria, the priority of development of fishery monitoring in FMA 711 is: Pontianak Working Unit= 0.917, Batam Working Unit = 0.791 Natuna Working Unit = 0.685 and Tanjung Pinang Working Unit = 0.607. Furthermore, the ranking result will be used as the basis for determining the strategy in increasing the monitoring of WPP-711 to minimize State losses due to the illegal fishing within Indonesia’s WPP-711 Regions.
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Bentin, S., Y. Mouchetant-Rostaing, M. H. Giard, J. F. Echallier, and J. Pernier. "ERP Manifestations of Processing Printed Words at Different Psycholinguistic Levels: Time Course and Scalp Distribution." Journal of Cognitive Neuroscience 11, no. 3 (May 1999): 235–60. http://dx.doi.org/10.1162/089892999563373.
Abstract:
The aim of the present study was to examine the time course and scalp distribution of electrophysiological manifestations of the visual word recognition mechanism. Event-related potentials (ERPs) elicited by visually presented lists of words were recorded while subjects were involved in a series of oddball tasks. The distinction between the designated target and nontarget stimuli was manipulated to induce a different level of processing in each session (visual, phonological/phonetic, phonological/lexical, and semantic). The ERPs of main interest in this study were those elicited by nontarget stimuli. In the visual task the targets were twice as big as the nontargets. Words, pseudowords, strings of consonants, strings of alphanumeric symbols, and strings of forms elicited a sharp negative peak at 170 msec (N170); their distribution was limited to the occipito-temporal sites. For the left hemisphere electrode sites, the N170 was larger for orthographic than for nonorthographic stimuli and vice versa for the right hemisphere. The ERPs elicited by all orthographic stimuli formed a clearly distinct cluster that was different from the ERPs elicited by nonorthographic stimuli. In the phonological/phonetic decision task the targets were words and pseudowords rhyming with the French word vitrail, whereas the nontargets were words, pseudowords, and strings of consonants that did not rhyme with vitrail. The most conspicuous potential was a negative peak at 320 msec, which was similarly elicited by pronounceable stimuli but not by nonpronounceable stimuli. The N320 was bilaterally distributed over the middle temporal lobe and was significantly larger over the left than over the right hemisphere. In the phonological/lexical processing task we compared the ERPs elicited by strings of consonants (among which words were selected), pseudowords (among which words were selected), and by words (among which pseudowords were selected). The most conspicuous potential in these tasks was a negative potential peaking at 350 msec (N350) elicited by phonologically legal but not by phonologically illegal stimuli. The distribution of the N350 was similar to that of the N320, but it was broader and including temporo-parietal areas that were not activated in the “rhyme” task. Finally, in the semantic task the targets were abstract words, and the nontargets were concrete words, pseudowords, and strings of consonants. The negative potential in this task peaked at 450 msec. Unlike the lexical decision, the negative peak in this task significantly distinguished not only between phonologically legal and illegal words but also between meaningful (words) and meaningless (pseudowords) phonologically legal structures. The distribution of the N450 included the areas activated in the lexical decision task but also areas in the fronto-central regions. The present data corroborated the functional neuro-anatomy of word recognition systems suggested by other neuroimaging methods and described their timecourse, supporting a cascade-type process that involves different but interconnected neural modules, each responsible for a different level of processing word-related information.
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ILIN, DANILA. "APPEAL AGAINST ILLEGAL ACTIONS OF OFFICIALS IN CRIMINAL PROCEEDINGS: LEGAL AND DOCTRINAL FOUNDATIONS." Lobbying in the Legislative Process 2, no. 1 (March 30, 2023): 37–43. http://dx.doi.org/10.33693/2782-7372-2023-2-1-37-43.
Abstract:
The article presents the results of a study of the legal and scientific aspects of appealing against illegal actions of officials of the investigation and inquiry bodies by the defense party. This problem is multidimensional and includes such components as constitutional and legal foundations, criminal procedural regulation and scientific support of the right to appeal against illegal procedural actions as a mechanism for overcoming violations of the rights of suspects/accused at the stage of preliminary investigation. One of the most common forms of such violations are unjustified refusals to exercise the procedural rights of suspects/accused, in particular, to provide evidence, participate in proving, and familiarize themselves with the case materials. The consequences of such a violation may be expressed in the inability to properly build a defense, including from unjustified charges and, as a result, illegal detention, detention or detention, bringing a knowingly innocent person to criminal responsibility or illegal initiation of a criminal case, pronouncing a knowingly unjust verdict, decision or other judicial act. These violations are obviously complex in nature and hinder the implementation of the principle of equality and competitiveness of the parties in criminal proceedings. Unfortunately, investigators and interrogators often deny the defense the right to present evidence and attach it to the criminal case, and to ensure this, they deny the accused and the defender the right to familiarize themselves with the case materials, while using loopholes in legislation and vague (sometimes too broad) interpretations in the guidelines of judicial interpretation. This leads to the fact that there is no alternative to the prosecution’s version and, of course, to a significant violation of the rights of the accused as participants in criminal proceedings. The negative consequences of this may be cases of unjustified accusation and conviction of innocent persons, the occurrence of other grave consequences (for example, the illness of an unlawfully accused /convicted person, causing property damage during the confiscation of property based on a false accusation, the application of other property sanctions, discrediting and defamation of such a person, etc.). In addition, of course, this practice it causes serious damage to the authority of the court, law enforcement agencies, and the formation of negative public opinion about them. The article analyzes in detail the cases of refusals to present and attach evidence, familiarization with the case materials, examines the “argumentation” given by the staff of the preliminary investigation bodies, judges, and clearly proves its fallacy, using the example of cases that have a great public resonance and the author’s personal experience as a lawyer in such cases. Criminal procedural means of countering such violations are being investigated. In conclusion, based on the conducted research, the author formulates a conclusion aimed at overcoming the accusatory bias and violations of the rights of participants in court proceedings in cases with public resonance, improving and increasing the effectiveness of preventing violations of the constitutional right to defense and adversarial parties.
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Nikolov, D. P. "Possession vs right of possession of the land plot: is this differentiation necessary?" Uzhhorod National University Herald. Series: Law 1, no. 80 (January 22, 2024): 370–74. http://dx.doi.org/10.24144/2307-3322.2023.80.1.54.
Abstract:
The article is devoted to the issue of protection of property rights on land of the water fund and forestry purpose in the context of their possession.
The author examines the classification of possession into possession as a fact (which includes not only actual (physical) possession, but also a record based on an illegal title) and possession as a right, which can only be legal, “introduced” by the decision of the Grand Chamber of the Supreme Court. The author analyzes the court’s proposed differentiation of “possession” and “rights of possession” of a land plot in the context of the theoretical and practical consequences of such a division.
This analysis is carried out in comparison with doctrinal approaches in the science of land law, in which “book” and “actual” possession of a land plot is distinguished, but no distinction is made between “possession “ and “rights of possession”.
The author draws attention to the inconsistency of such an approach, because such a differentiation only made it more difficult to understand the institutions of vindication and negative action, namely, the Grand Chamber of the Supreme Court, despite the introduction of such a differentiation, did not actually use it in the decision itself.
The author comes to the conclusion that according to current judicial practice, forestry lands should be claimed through vindication, because they can be taken over by recording, and the legislation allows for the possibility of private ownership rights to them, while water fund lands should be claimed through a negative lawsuit, because illegal entry in the register regarding them will not give possession, since it is impossible to acquire ownership of them as such.
The author summarizes that in the future, in cases of vindication vs removal of obstacles, the courts need to investigate the key question of whether the acquirer can have the corresponding plots on private ownership rights in principle. For this, the court can apply both an abstract (hypothetical) possibility of having a plot of land in private ownership, or choose a more “contextual” approach, taking into account the specifics of each individual plot.
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Tarimo, Kileti V., and Moses I. Olotu. "Local community participation in wildlife conservation and management in Rungwa Game Reserve, Tanzania." Environmental & Socio-economic Studies 8, no. 2 (June 1, 2020): 21–31. http://dx.doi.org/10.2478/environ-2020-0009.
Abstract:
AbstractLocal community participation in wildlife conservation and management is known to have existed for many years. However, the socio-economic activities regarding community participation remain questionable. Incorporating the views of the local community in the process of decision-making and providing alternative livelihood solutions are important steps towards sustainable conservation. The main aim of this study was to investigate the effects of community participation in sustainable wildlife management in Rungwa Game Reserve. A survey was conducted of the households in Rungwa and Mwamagembe villages with a sample size of 98 respondents. The study used a cross-sectional research design. Data were collected from different respondents at a single point in time. The main research methods used for data collection included: questionnaire surveys, key informant interviews, field observations, focus group discussions and a review of documents. Descriptive data were summarised and presented in frequency tables and charts. Content analysis was also used to determine relationships between the variables measured. The findings revealed both positive and negative effects of wildlife conservation and management. The results revealed that local communities provided confidential information pertaining to illegal activities. The findings further indicated that there was a failure of the game reserve authorities to allow meaningful local participation and equitable sharing of the benefits, which could be attributed to hatred, resentment, and illegal harvesting of natural resources from the game reserve, resulting in poor wildlife conservation. This study recommends the encouragement and a strengthening of the involvement of local communities in wildlife conservation for the sustainable utilisation of natural resources.