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Journal articles on the topic 'Sanction'
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1
Fedyunina, A. A., and Yu V. Simachev. "The world in the maze of sanctions: Ambiguity of empirical evidence." Voprosy Ekonomiki, no. 8 (August 8, 2024): 5–27. http://dx.doi.org/10.32609/0042-8736-2024-8-5-27.
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The article examines various effects of sanction restrictions on target countries. To achieve this, the results of over 50 academic studies from the past decade regarding the impact of sanctions on different countries are analyzed and structured. This analysis is based on the study of sanction episodes predominantly from the 1980s to 2015. It is noted that sanctions have been extensively employed in the past decade, attributed to the intensification of international competition and increased conflict in global development. It is shown that the effects of sanctions exhibit strong ambiguity, temporal variability, and multidirectionality. Both negative and certain stimulating changes in sanction effects are identified and systematized in the contexts of international trade and foreign direct investment. It is demonstrated that sanctions sometimes act as triggers for structural changes in sub-sanctioned economies, altering their integration into global production. The increasing involvement of various countries in sanction confrontations significantly alters the conditions for national economic policies, oriented towards structural changes and long-term perspectives, primarily for industrial policies. For many countries, the task of formulating industrial policy in line with the logic of restructuring global value chains and their participation becomes relevant. This task is characteristic not only for countries targeted by sanctions but also for sanction-sending countries, for which the reverse sanction effects are even less predictable.
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Burkart, Julia. "Sanction and Sanctity." Residential Treatment For Children & Youth 10, no. 1 (October 1992): 25–38. http://dx.doi.org/10.1300/j007v10n01_03.
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Tucker, Ross, Ben Hester, Sharief Hendricks, James Brown, and Éanna C. Falvey. "Sanctioned illegal high tackles significantly increase concussion risk to both tacklers and ball carriers in elite men’s Rugby Union." BMJ Open Sport & Exercise Medicine 10, no. 2 (June 2024): e001932. http://dx.doi.org/10.1136/bmjsem-2024-001932.
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ObjectivesTackles making contact above the sternum increase concussion and head injury assessment (HIA) risk in Rugby Union. The sport has introduced harsher sanctions to change tackler behaviours to reduce this risk. This increased high tackle sanction numbers, though it is unknown whether sanction severity is associated with injury risk.MethodsThe sanction decision made by match officials for tackles resulting in 157 HIA1 removals, of which 91 were confirmed concussions, was evaluated. The propensity of sanction types, ranging from no foul play to red card, was compared after calculating concussion and HIA1 numbers per 1000 tackles of each sanction, using total tackle number of each sanction type from one season of two elite professional competitions.ResultsHIA1 removal and concussion risk increased as sanction severity increased. Red-carded tackles were 271.5 (95% CI 143.8 to 512.6) times more likely to result in concussions than legal tackles. Tacklers and ball carriers were more likely to experience concussions from sanctioned high tackles, with tackler risk 28.5 (95% CI 13.5 to 59.9) times higher for sanctioned high tackles compared with legal tackles, and ball carrier risk elevated 133.7-fold (95% CI 65.5 to 272.8) after sanctioned high tackles.ConclusionSanctioned high tackles significantly increase concussion and HIA1 risk to both tacklers and ball carriers. Current decision-making frameworks that guide sanction decisions do identify tackle behaviours that elevate clinical risk. Both tacklers and ball carriers would be less likely to experience concussions and head injuries if the frequency of illegal high tackles is decreased.
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Anoraga, Surya. "HARMONISASI PERDA NOMOR 4 TAHUN 2011 TENTANG RTRW KOTA MALANG DENGAN PERUNDANG-UNDANGAN BIDANG LINGKUNGAN HIDUP." Jurnal Ilmiah Hukum LEGALITY 25, no. 2 (July 14, 2018): 232. http://dx.doi.org/10.22219/jihl.v25i2.6004.
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Law that positively regulates the imposition of civil sanctionx, administrative sanctions and criminal sanctions as regulated in Law Number 26 of 2007 on Spatial Planning and more on the local regulation Malang No. 4 of 2011 on Spatial Planning Malang Year 2010- 2030 (RTRW). Administrative and criminal sanctions as a sanction premium remedium while criminal sanctions as a sanction ultimum remedium. Former Act and regulation are still not meticulous in designing/forming. That is evidenced still weakness in some of the provisions in the legislation are still related to civil sanctions, administrative and ceiminal. The legislator has not been meticulous in making decisions RTRW. Hence it need for harmonization between laws and regulations both at the level of local regulations and at the level of the Act.
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Setiyono. "CRIMINAL SANCTION CHARACTERISTICS AGAINST CORPORATION COMMITTED ON CONSUMER PROTECTION OFFENCES IN FEW COUNTRIES." Journal of Southwest Jiaotong University 56, no. 4 (August 30, 2021): 269–78. http://dx.doi.org/10.35741/issn.0258-2724.56.4.22.
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This study aims to analyze the character of the sanctions system against corporations that commit consumer protection crimes. This paper is novel because it seeks to contribute to the current debate in the literature about sanctioned individuals and corporations by comparing the sanction and fines in few countries. Criminal sanctions in force in a country are very dependent on the state's reaction to the deviant activities of the corporations in the society concerned. The state's response was manifested in the sanction system policy towards corporations that commit criminal acts. A sanction system is still conventional, while a sanction system is responsive to the corporate phenomenon. Does this research discuss the sanction system's character against corporations that commit criminal acts of consumer protection? What are the problems of the system of sanctions against corporations that commit these consumer protection crimes? This research was conducted with a normative and comparative approach to comparing the sanctions against corporations that commit criminal acts of consumer protection between the Indonesian Consumer Protection Act and the Consumer Protection Act in several countries, namely Malaysia, the Philippines, Canada, and Finland. This study indicated differences in the character of the criminal sanction system between the Consumer Protection Act of Malaysia, the Philippines, Canada, Finland, and Indonesia against corporations that commit criminal acts in consumer protection. Another characteristic found is a single formulation, namely the threat of criminal fines except for the Indonesian Consumer Protection Act.
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Setiyono. "CRIMINAL SANCTION CHARACTERISTICS AGAINST CORPORATION COMMITTED ON CONSUMER PROTECTION OFFENCES IN FEW COUNTRIES." Journal of Southwest Jiaotong University 56, no. 4 (August 30, 2021): 269–78. http://dx.doi.org/10.35741/issn.0258-2724.56.4.22.
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This study aims to analyze the character of the sanctions system against corporations that commit consumer protection crimes. This paper is novel because it seeks to contribute to the current debate in the literature about sanctioned individuals and corporations by comparing the sanction and fines in few countries. Criminal sanctions in force in a country are very dependent on the state's reaction to the deviant activities of the corporations in the society concerned. The state's response was manifested in the sanction system policy towards corporations that commit criminal acts. A sanction system is still conventional, while a sanction system is responsive to the corporate phenomenon. Does this research discuss the sanction system's character against corporations that commit criminal acts of consumer protection? What are the problems of the system of sanctions against corporations that commit these consumer protection crimes? This research was conducted with a normative and comparative approach to comparing the sanctions against corporations that commit criminal acts of consumer protection between the Indonesian Consumer Protection Act and the Consumer Protection Act in several countries, namely Malaysia, the Philippines, Canada, and Finland. This study indicated differences in the character of the criminal sanction system between the Consumer Protection Act of Malaysia, the Philippines, Canada, Finland, and Indonesia against corporations that commit criminal acts in consumer protection. Another characteristic found is a single formulation, namely the threat of criminal fines except for the Indonesian Consumer Protection Act.
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Redman, Jamie. "The Benefit Sanction: A Correctional Device or a Weapon of Disgust?" Sociological Research Online 25, no. 1 (June 5, 2019): 84–100. http://dx.doi.org/10.1177/1360780419851132.
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The benefit sanction is a dominant activation policy in Britain’s ‘welfare-to-work’ regime. While policymakers believe in their necessity to correct behaviour, research shows benefit sanctions cause additional harm to Britain’s marginalised groups. Drawing upon a small-scale qualitative study, this article first navigates new territory, mapping the ways stigma emerges from the state – channelled through the benefit sanction – and manifests in the lives of sanctioned claimants. Acknowledging wider evidence, the sanction is then argued to have failed as a correctional device. Rather, taking into account Britain’s current politico-economic climate, the sanction appears as a weapon used to incite negative emotion in an attempt to police the boundaries of the labour market, while frequently abandoning some of the UK’s most vulnerable citizens.
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Tikhonova, S. S., and A. I. Kokunov. "MODELS OF ARTICLE SANCTIONS OF THE SPECIAL PART OF CODIFIED CRIMINAL LAW FOR MINOR OFFENCE CRIMES: MODERN LAW-TECNICAL THEORY AND LEGISLATIVE PRACTICE." Proceedings of the Southwest State University 21, no. 6 (December 28, 2017): 241–47. http://dx.doi.org/10.21869/2223-1560-2017-21-6-241-247.
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Possible models of article sanctions of the special part of codified criminal law for minor offence crimes w are presented. Sanctions prescribing one main punishment are single. Sanctions prescribing several main punishments are alternative. Single sanctions can theoretically have 3 types: single sanction with imprisonment; single sanction without imprisonment with more lenient punishment; single sanction without imprisonment with more strict punishment. Alternative sanctions can be subdivided on alternative sanction with imprisonment and lowering alternative; alternative sanction with imprisonment and raising alternative. According to principle of criminal law justice crimes of various category should have various sanction models with different qualitative characteristics. On the basis of this adoption, analysis of modern legislative practice and provisions of criminal and legal doctrine recommendations about crime sanctions for minor offence are formulated. According to these recommendations minor offence crimes can be single and have more lenient punishments than imprisonment or alternative without imprisonment with the lowering alternative or with imprisonment and the lowering alternative. At the same time it is necessary to say that single sanction can include only universal type of punishment. Thus, penalty can be used for single sanctions designing of minor offence crimes.
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Guastaferro, Wendy P., and Leah E. Daigle. "Linking Noncompliant Behaviors and Programmatic Responses." Journal of Drug Issues 42, no. 4 (October 2012): 396–419. http://dx.doi.org/10.1177/0022042612461773.
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Drug courts are charged with positively influencing the behavior of a difficult-to-treat population. Sanctions represent a drug court’s efforts to instill accountability in participants, an important component of behavior modification. This research examined the application of sanctions within a drug court’s proactive supervision model and sanctions matrix. An exploratory analysis of individual-level factors (including risk level, treatment characteristics, and punishment history) that increase the likelihood of receiving a sanction was conducted. Factors related to receiving any type of sanction and a drug sanction, and whether receiving a sanction was related to program retention were examined. Most participants (71%) received a sanction. On average, each participant received 4 sanctions and 259 sanctions were given over a 2-year period. The majority of people (77%) continued to be actively enrolled after receiving a sanction. Practice and policy implications regarding the use of sanctions within the context of offender change are discussed.
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Lauts, E. B. "Anti-Sanction Regulation of the Banking Services Market and Anti-Crisis Legal Regime of Banking Activities." Courier of Kutafin Moscow State Law University (MSAL)), no. 1 (March 24, 2023): 70–79. http://dx.doi.org/10.17803/2311-5998.2023.101.1.070-079.
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The article attempts to correlate the anti-sanction regulation of the banking services market and the anti-crisis legal regime of banking. The author distinguishes between the sanctions regime and the anti-sanction legal regime that frames the anti-sanction regulation of the relevant market and is part of its anti-crisis regulation. The article substantiates that the antisanctions legal regime does not include means of counter-sanctions, since the latter do not aim to mitigate the sanctions regime for the relevant market, but are retaliatory restrictive measures that often also negatively affect the activities of national market participants. Therefore, the author distinguishes between the sanctions legal regime and the counter-sanctions legal regime, coming to the conclusion that the legislator is inconsistent in this matter. The article concludes that the anti-crisis regulation of the banking services market can also be considered as an anti-crisis legal regime of banking activity, an integral part of which is also an anti-sanction legal regime or anti-sanction regulation, the means of which are aimed at overcoming the consequences of the sanctions regime. At the same time, unlike the sanctions regime or the counter-sanction regime, which are a special or extraordinary regime, the anti-sanction regime is a special legal regime, since it is only a type of anti-crisis regulation of the relevant market.
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Yun, Huicheol, and Hyeonsik Kim. "The Study on Factors Affecting the Effectiveness of Economic Sanctions." Korean Society of Culture and Convergence 45, no. 11 (November 30, 2023): 521–34. http://dx.doi.org/10.33645/cnc.2023.11.45.11.521.
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This paper analyzes the factors influencing the effectiveness of economic sanctions imposed on sanctioned countries in the international community. It sets up causal variables at both domestic and international levels and, through an analysis of four countries that have been subjected to economic sanctions, seeks to determine which variables mitigated the effectiveness of economic sanctions. Domestic variables are set as the political system and economic size of the sanctioned country, while international variables include trade networks, foreign direct investment, involvement of international organizations, and alliance formation (presence of assisting countries). Analyzing the causes, progress, and effects of economic sanctions imposed on Iran, Russia, Myanmar, and India-Pakistan, it is found that both domestic and international variables had an impact. Particularly, the presence of assisting countries, known as the third-country effect, is analyzed to have a positive impact on sanction acceptability. Applying this to North Korea to verify the impact of the wavering effectiveness of economic sanctions due to the third-country effect, the study aims to find implications for efficient economic sanction measures that can lead to behavioral changes in North Korea in the future.
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Khominich, I. P., and S. Alikhani. "Russia and Iran in Conditions of Economic Sanctions: Anti-Sanction Policy and Resistance Economy." Vestnik of the Plekhanov Russian University of Economics 18, no. 2 (April 9, 2021): 5–12. http://dx.doi.org/10.21686/2413-2829-2021-2-5-12.
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Economic sanctions always have destructive impact on economic structures of states, especially such developing countries as Iran and Russia. These countries used anti-sanction economic approach in order to oppose western sanctions. Strategy of anti-sanction economy is a tool of counteracting adverse impact of sanctions on national economy as a sanction target. The authors investigate the influence of strategy of anti-sanction economy on national economy of Iran and Russia, which are facing economic sanctions introduced by western countries. Research findings demonstrate that strategy of anti-sanction economy is a key priority of both Iran and Russia. This strategy helps these countries improve the local business climate, support small and medium enterprises and raise efficiency of local production units. Principle recommendations of our research for Iran and Russia imply that apart from using strategy of anti-sanction economy these countries should do their best to lower their dependence on the US dollar (strategy of dollarization), improve bilateral economic cooperation and eliminate trade barriers to increase trade flows.
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Manushin, D. V. "Anti-sanction and sanction economic policy of Russia in 2022–2025. Part 3: analysis of anti-crisis measures, managing Russian sanctions and anti-sanctions." Russian Journal of Economics and Law 18, no. 2 (June 12, 2024): 332–68. http://dx.doi.org/10.21202/2782-2923.2024.2.332-368.
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Objective: to propose anti-sanction and sanction measures based on the analysis of the external and internal environment of the Russian economy and anti-crisis measures implemented by the Russian government.Methods: techniques of abstract-logical method were used, such as analysis, synthesis, deduction, induction, analogy, and forecasting.Results: a critical assessment of anti-crisis measures by other scientists was given; the anti-sanctions plan of the Russian Federation for 2022–2024 was analyzed. As a result of the calculations, the approximate parameters of the budget system expenditures for the realization of the anti-sanctions policy were determined. Prospects, main measures and plans to bring priority sectors of the national economy out of the crisis were assessed. It was found that, despite the success of the antisanctions plan, many of the problems hindering the development of the Russian economy have not yet been solved. The main anti-sanction and sanction measures for the Russian economy development were proposed.Scientific novelty: measures to correct Russia’s anti-sanction and sanction economic policy were proposed: first, those referring to the area of transition to non-obvious, rational, defense-attack and protectionist sanctions economic policy of Russia; second, those for the transition to open, long-term, protectionist and preventive anti-sanction economic policy of the Russian Federation.Practical significance: the proposed measures will weaken the consequences of the sanctions war and lay the foundation for Russia’s economic development in the medium and long term. A systematic approach to the study of anti-sanction and sanction economic policy of Russia will allow other countries (China, first of all) to use the Russian experience of successful counteraction to the sanctions of the US and its allies.
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Silalahi, Enriko, and Akhmad Khisni. "Legal Review Of Malpractice Notary In The Notary’s Deed." Jurnal Akta 5, no. 3 (September 5, 2018): 647. http://dx.doi.org/10.30659/akta.v5i3.3237.
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Article 84 and Article 85 of Law No. 2 year 2014 on the amendments to the Act No. 30 year 2004 concerning Notary Public Official, when a Notary in performs his official duties and is proven to have committed a violation, the Notary may be subjected or sanctioned. The sanction is in the form of civil sanction, administration, and code of ethics of Notary. Besides, if a Notary commits a criminal offense, a criminal sanction may be imposed to him.The purpose of the research was to find out the malpractice of the Notary in the Notary deed, and to find out the role of the Regional Supervisory Board (MPD) in supervising Notaries who carry out malpractice actions.This study used a juridical-normative approach derived from the collection of primary data and secondary data, then they were analyzed by qualitative analysis methods. Data collection techniques used was library studies with qualitative data analysis.The result of the research showed that UUJN does not mention the existence of sanction punishment but a legal action against the violation done by Notary. It invites elements of forgery over intent/negligence in making authentic letter/deed which contains false facts. After administrative sanction/professional code of ethics Notary and civil sanctions, as well as qualified are as a criminal act committed by a Notary. If the notary is proven to have been involved in intentionally committing a crime of forgery of an authentic deed the sanction will be given to him/her.Suggestion to lawmakers to anticipate the different interpretations of the law can be done quickly, so that malpractice Notary will never occur again.Keywords: Sanctions; Notary; Malpractice; Accountability
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Utama, I. Made Arya, and I. Nengah Suharta. "The Challenges of Water Pollution: Enforcement of Water Pollution Control." Hasanuddin Law Review 4, no. 1 (April 14, 2018): 81. http://dx.doi.org/10.20956/halrev.v4i1.1414.
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Water demand continues to increase, while its availability was increasingly limited due to pollution. Therefore, the issue of legal sanction in the management of water resources was interesting to be examined because of the void of norm related to the sanction of administrative, civil and criminal sanction in Article 87-120 of Act Number 32 of 2009. So, this research was qualified into normative legal research with legal material from result of library research. The type of administrative legal sanctions were more effectively applied to protect water resources from pollution. Administrative Legal Sanction was not implemented through the judges, more easily and quickly implemented in providing protection against water resources, compared with sanctions of Criminal Law and Civil Law.
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Kazimov, Z. I. "Criminal legal sanctions for crimes committed by specific categories of persons." Courier of Kutafin Moscow State Law University (MSAL)), no. 10 (December 22, 2020): 212–20. http://dx.doi.org/10.17803/2311-5998.2020.74.10.212-220.
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In the general theory of state and law, a sanction is usually understood as a part of a rule of law that indicates adverse consequences for the offender in the form of coercive influence on him. This idea of a sanction is contradicted by numerous scientific definitions of a criminal legal sanction, which are based on the concept of "sanction of an article of the Special Provisions of the Penal Code", which is repeatedly used in the Penal Code of the Russian Federation. Consideration of the sanction as a part of a criminal legal norm on liability for a certain type of crime allows us to consider it in relation to the composition of the crime, reflected in the disposition of the same criminal legal norm. The Penal Code of the Russian Federation contains legal norms where sanctions have been adjusted to consider the special characteristics of the subject of the crime. These sanctions can be considered as a special group of criminal legal sanctions. Both the disposition (In terms of the characteristics of the subject of the crime) and the sanction of the criminal legal norms are specified in the articles of the General Provisions of the Penal Code of the Russian Federation.
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Jayachandran, Seema, and Michael Kremer. "Odious Debt." American Economic Review 96, no. 1 (February 1, 2006): 82–92. http://dx.doi.org/10.1257/000282806776157696.
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Trade sanctions are often criticized as ineffective because they create incentives for evasion or as harmful to the target country's population. Loan sanctions, in contrast, could be self-enforcing and could protect the population from being saddled with “odious debt” run up by looting or repressive dictators. Governments could impose loan sanctions by instituting legal changes that prevent seizure of countries' assets for nonrepayment of debt incurred after sanctions were imposed. This would reduce creditors' incentives to lend to sanctioned regimes. Restricting sanctions to cover only loans made after the sanction was imposed would help avoid time-consistency problems.
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Wright, Andrew, Brian Dollery, Michael Kortt, and Shawn Leu. "The Effect of Varying Sanction Values on Future Compliance with Unemployment Benefit Requirements: An Empirical Analysis Using Australian Administrative Data." Public Administration Quarterly 46, no. 2 (May 15, 2022): 155–77. http://dx.doi.org/10.37808/paq.46.2.4.
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Few studies have examined the effect of varying unemployment benefit sanctions before application on jobseekers’ behaviour. However, theory suggests this is the primary way sanctions operate. We examine the effect of increasing sanction values on future non-compliance using administrative data from the introduction of an Australian scheme with increasing sanctions for repeated non-compliance. Jobseekers with equivalent non-compliance histories have decreased hazards of non-compliance when the consequences are higher, even with small variation in sanction values. This suggests policies altering sanction values can effectively encourage compliance with benefit requirements, at least at the level imposed in Australia (low by international standards).
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Moon, Ye-Chan. "North Korea’s Trade Policy Changes and Adaptation to Sanctions." Korea International Trade Research Institute 20, no. 1 (February 28, 2024): 197–212. http://dx.doi.org/10.16980/jitc.20.1.202402.197.
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Purpose – This research aims to investigate how North Korea has adapted to the United Nations sanctions imposed since 2006, specifically analyzing shifts in its trade policies in response to these international pressures. Design/Methodology/Approach – Employing the theory of sanction busting, the study meticulously examines the impact of ten rounds of sanctions on North Korea's trade volume and economic health. Through this lens, the research evaluates how North Korea has strategically modified its trade policies to counteract the sanctions' effects. Findings – The study uncovers that North Korea has navigated the sanctions landscape by re-centralizing its trade system and diversifying both its trade commodities and partners. This strategic shift involves broadening the scope of traded items, including those under sanction, and cultivating a more varied portfolio of trading partners, effectively cushioning the country from the sanctions' intended economic squeeze. Research Implications – The insights gleaned from this study are critical for understanding the economic impact of sanctions on North Korea and offer a foundation for formulating more effective policies toward the country. By highlighting the adaptability and changes in North Korea's trade policy, this research suggests the need for a more nuanced and informed approach in the design and implementation of economic sanctions to encourage policy changes within sanctioned states.
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Kim, Youngwan, and Taehee Whang. "Non-governmental organizations and economic sanctionsi." International Political Science Review 39, no. 2 (February 1, 2017): 209–24. http://dx.doi.org/10.1177/0192512116677927.
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How do non-governmental organizations (NGOs) affect sanction policies? Using two datasets of sanctions and NGOs, we study whether and how US-based NGOs working in a target state can influence the threat and implementation of sanctions initiated by the USA. At the threat stage, the sender government tends to perceive NGOs as a signaling device such that NGOs increase the probability of sanction threat. At the imposition stage, the presence of NGOs in a target state also increases the likelihood of a sender state imposing sanctions. In addition, the sender state tends to implement costly sanctions when NGOs have more field operations in target states. This study provides a systematic explanation of the relationship between NGOs and sanction threat and implementation.
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Killeen, Anthony A. "Laboratory Sanctions for Proficiency Testing Sample Referral and Result Communication: A Review of Actions From 1993–2006." Archives of Pathology & Laboratory Medicine 133, no. 6 (June 1, 2009): 979–82. http://dx.doi.org/10.5858/133.6.979.
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Abstract Context.—The Clinical Laboratory Improvement Amendments of 1988 (CLIA) regulations for proficiency testing (PT) include prohibitions against intentional PT sample referral or result communication, and specify sanctions against laboratories that violate these regulations. There has been little published analysis of sanctions against clinical laboratories because of PT violations. Objective.—To examine the application of principal sanctions as reported by the Centers for Medicare and Medicaid Services annually in the Laboratory Registry and to examine relevant aspects of judicial hearings and appeals in these cases. Design.—The Laboratory Registry was examined for all available years (1993–2006) to determine the incidence of application of principal sanctions for PT violations. In addition, the decisions from the US Department of Health and Human Services hearings and appeals were reviewed to better understand the judicial disposition of these cases. Results.—During the 14-year period examined, 78 laboratories received a principal sanction for a PT violation involving sample referral or result communication. During the same period, the number of laboratories in nonexempt states that would be expected to have participated in PT averaged 45 983. The interpretive meaning of the key terms intentional and referral, and the implications for sanctioned laboratories and their owners and operators are discussed. Conclusions.—Applications of a principal sanction for a PT violation were rare during the period of this study. However, the consequences of the imposition of such a sanction are severe. Suggestions are offered on policies and practices to minimize the risk of a PT sample referral or result communication.
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Paschenko, Ilya Yurievich. "Counter-sanctions information and restriction of information dissemination in the context of sanctions pressure on the Russian Federation." NB: Административное право и практика администрирования, no. 3 (March 2023): 45–54. http://dx.doi.org/10.7256/2306-9945.2023.3.43820.
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The article examines counter–sanction information - a new category or type of information for domestic information and legal regulation. The concept of "counter-sanction information" appeared in the legislation in connection with the increased sanctions pressure of foreign states on the Russian Federation at the beginning of 2022. Regulation of the procedure for the dissemination of such information is designed to reduce the risks of taking restrictive measures against Russian legal entities and individuals who are participants in foreign economic activity. The author examines these norms on information, in particular the definition, analyzes the restrictions arising from the recognition of information as counter-sanctioned, the circumstances associated with the onset of legal liability. In the course of the research, scientific methods were used: analysis, generalization, comparison, modeling. The use of the formal legal method and systematic interpretation allowed us to form an idea of the counter-sanction information. The problem under consideration has not been practically investigated in Russian science. It is assumed that the legislator formulates a new special legal regime of information in the context of the development of counter-sanctions regulation, ensuring the protection of private and public interests. At the same time, the risks that have arisen in the activities of entities that freely disseminate information, including mass information, are analyzed. As a result of the conducted research, the conclusion is formulated that under the conditions of sanctions, freedom of information is reduced, and the volume of information previously open and accessible to an unlimited number of people may gradually decrease due to the development of counter-sanctions regulation.
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Jeong, Jin Mun, and Dursun Peksen. "Domestic Institutional Constraints, Veto Players, and Sanction Effectiveness." Journal of Conflict Resolution 63, no. 1 (August 30, 2017): 194–217. http://dx.doi.org/10.1177/0022002717728105.
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What effect do the domestic institutional constraints in target states have on sanction outcomes? Other than the narrow focus on political regime type, little is known about how the institutional makeup of target states might affect leaders’ ability to adjust their policies to defy sanctions. We assert that the size of veto players in targets is a crucial yet overlooked institutional factor in explaining sanction effectiveness. We contend that political leaders subject to the approval of multiple veto players are more likely to concede as they are less likely to develop polices to counter the sanctions. We assess the empirical merits of our theoretical claims by combining data on sanctions from the Threat and Imposition of Economic Sanctions data set with the veto points data from the Political Constraints data set. Results from the data analysis for the 1946 to 2005 period indicate that the size of veto players is a significant predictor of sanction success even when we control for political regime type and other major political and economic covariates of sanction effectiveness.
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Jan-Kerguistel, Alain, Bérangère Condomines, and Emilie Hennequin. "Sanctionner pour contraindre ou pour se comprendre ? Répondre aux demandes de sanction en entreprise selon le type de règle et de faute." Annales des Mines - Gérer & comprendre N° 155, no. 1 (June 7, 2024): 47–59. http://dx.doi.org/10.3917/geco1.155.0047.
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Les sanctions en France n’ont pas changé depuis les règlements d’atelier du XIX e siècle. Elles adoptent le seul registre répressif, alors que, juridiquement, la sanction connaît d’autres formes associées à d’autres finalités. Nous proposons de questionner cette stabilité en partant d’une analyse des demandes de sanction. Ces demandes sont-elles toutes en phase avec un projet répressif ? S’inscrivent-elles dans une dimension restitutive en offrant une occasion de renégociation des règles ? En d’autres termes, suggèrent-elles une évolution afin de s’adapter aux nouvelles réalités du travail ? Pour répondre à ces questions, dans cet article, premièrement, nous décrivons conceptuellement la diversité des types de fautes, de règles et de sanctions. Deuxièmement, nous montrons les liens possibles entre les types de fautes, de règles et de sanctions. Ces liens révèlent des problèmes disciplinaires bien distincts pas tous cohérents avec un projet répressif. Troisièmement, nous analysons les résultats d’une recherche menée à partir des données collectées lors de 27 entretiens auprès de destinataires de demandes de sanction. Ces données valident un cadre d’analyse des demandes de sanction, et permettent de préconiser une nouvelle modalité de sanction.
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Tigelaar, Leonieke. "How to Sanction a Breach of Information Duties of the Consumer Rights Directive?" European Review of Private Law 27, Issue 1 (January 1, 2019): 27–57. http://dx.doi.org/10.54648/erpl2019003.
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Traders must provide information to consumers according to the Consumer, Rights Directive in case they conclude a distance contract, an off-premises contract, or a contract in another manner. It is the task of the Member States to sanction breaches of those information duties. This article classifies the information duties on basis of their objective, namely supporting decision-making, enabling storing information, and facilitating the exercise of rights. Subsequently, it addresses the question of how German, English, and Dutch law provide for sanctions in case traders breach those information duties. This article shows that the way breaches are being sanctioned in Germany, England, and the Netherlands, inter alia depends on choices that have been made regarding the legal consequences of unfair commercial practices and the enforcement of consumer law. It further shows that the actual use of sanctions depends on the question: ‘who can apply a sanction and what does this actor has to prove?’
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Chernykh, A. A. "The Review of Methods for Analyzing Economic Sanction Effectiveness and Their Adaptation to Assessing the Impact on Russia in New Information Context." Vestnik of the Plekhanov Russian University of Economics, no. 4 (July 3, 2024): 48–62. http://dx.doi.org/10.21686/2413-2829-2024-4-48-62.
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The article provides a complex review of methods, which can be used to assess efficiency of anti-Russian economic sanctions focusing on problems and opportunities dealing with their application. The relevant global experience and experience of Russia in 2014-2021 were used to resolve problems of sanction classification and the idea of sanction effectiveness, as well as assessing sanction impact on economy and certain markets of target-countries, for example Russia. Apart from identifying negative aftereffects of sanctions, positive consequences were also shown. In 2022 the situation drastically changed due to unprecedented harsh economic sanctions introduced against Russia, which made the use of traditional methods of appraisal impossible. The author described restrictions of using open data, including the access to national indicators and explained why traditional methods can lead to false conclusions. In spite of new challenges for researchers, stock market still provides certain possibilities for assessing sanction impact on Russian economy.
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Spektor, S. V., and E. A. Nazarova. "Secret Agreements in Sanctioned Economies." Scientific Research of Faculty of Economics. Electronic Journal 15, no. 4 (December 30, 2023): 51–74. http://dx.doi.org/10.38050/2078-3809-2023-15-4-51-74.
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With the imposition of sanctions, Russian companies have faced an additional challenge: ensuring the purchase of goods whose imports are prohibited. For this purpose, various tools are used, among which are secret sub-sanction agreements. This paper studies secret sub-sanction agreements as an extension of negotiation theory. A model of secret sub-sanction agreements is proposed to highlight the strategies of market players and the level of opacity (secrecy) that will be achieved to enforce the contract. A modification of the principal-agent incentive contract model is also proposed that takes into account the risks of secondary sanctions against the agent. To verify the models and to study the problem under study in more detail, the cases of secret sub-sanction agreements and their outcomes are considered.
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Khanh, Nguyen Nhat. "The Form of Warning Sanction in the Law on Handling Administrative Violations in Vietnam." Kutafin University Law Review 7, no. 2 (December 22, 2020): 293–320. http://dx.doi.org/10.17803/2313-5395.2020.2.14.292-320.
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Sanctioning of administrative violations is considered an effective solution in the struggle and prevention of administrative violations; it includes application of sanction forms, remedial measures with respect to individuals and organizations committing acts of administrative violations which are implemented by the competent persons. Among the sanctions imposed for administrative violations, warning is a special form of sanctions and is commonly applied in the fields of state management. The paper analyzes the theoretical and legal issues about the form of warning sanction in accordance with the Vietnamese law, shows some shortcomings on the regulation of this sanction and makes proposals for improvement.
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Afontsev, S. A. "Political paradoxes of economic sanctions." Journal of the New Economic Association 55, no. 3 (2022): 193–98. http://dx.doi.org/10.31737/2221-2264-2022-55-3-10.
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The article addresses political economy aspects of the policy of economic sanctions. Given the fact that decisions taken both in sender and target countries depend on the interaction of numerous groups of political and economic agents, sanction research can be productive only if their behavior is explicitly modelled given their objective functions and institutional context they face. It is shown that political economy approach can help resolve a number of paradoxes common in sanction research, i. e., paradoxes related to ineffi ciency of sanctions, pro-conflict reaction on sanctions by target countries, escalation of inefficient sanctions by sender countries, and retaliatory measures. Analysis shows that escalation of economic sanctions against the Russian Federation can not shift country’s foreign policy in the direction preferred by sender countries. On the contrary, higher sanction costs for the Russian economy fuel domestic political support for current foreign policy decisions. Consequently, conflict resolution should rely upon multilateral political dialogue rather than economic sanctions.
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Han, Baran. "The role and welfare rationale of secondary sanctions: A theory and a case study of the US sanctions targeting Iran." Conflict Management and Peace Science 35, no. 5 (June 16, 2016): 474–502. http://dx.doi.org/10.1177/0738894216650836.
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This paper investigates the role and the welfare rationale of secondary sanctions using a game theoretic framework and a case study of the US sanctions targeting Iran. Existing literature on secondary sanctions focuses either on the sender–third party or the sender–target relations, and fails to address the interdependency of the three players’ strategies. An integrated approach allows us to examine the conditions under which the secondary sanction succeeds in coercing the third party to participate in a sanction campaign against a target. I argue that it acts as a commitment device for the third parties that value target compliance but find it too costly to voluntarily participate in the sanctions when the target complies at a suboptimal level. Despite the coercive nature, secondary sanction can be welfare improving for them. The framework provides an explanation of the successful outcome of the recent US secondary sanctions targeting Iran.
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Tantimin, Tantimin. "Kajian Hukum Kualifkasi Sanksi Kebiri Kimia Sebagai Sanksi Tindakan dalam Hukum Pidana di Indonesia." Wajah Hukum 5, no. 1 (April 23, 2021): 21. http://dx.doi.org/10.33087/wjh.v5i1.302.
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Castration is an action given to perpetrators of sexual crimes against children, in addition to imprisonment and fines. The purpose of this article is to find out the basic differences between criminal sanctions and action sanctions, to know the position of castration as an action sanction in criminal law and to analyze the castration penalty does not apply to children as perpetrators of sexual crimes. This research uses doctrinal legal research. Sources of legal information use primary legal materials (regulations and relevant documents) for further qualitative analysis. The approach used is statutory, conceptual, and analysis to help solve the problem formulation. The results of the research show that, at first glance, criminal sanctions and sanctions are often vague to distinguish, but at the level of basic ideas, there are very clear differences between the two types of sanctions. The reactive nature of an act is contained in the criminal sanction which connotes giving an affliction, while the anticipatory nature of the perpetrator of the act is contained in the sanction of action which connotes giving a remedy. The position of castration in the criminal system in Indonesia is not a principal, additional or a burden, but includes a sanction of action. Actions in the form of chemical castration are exempted for child offenders.
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Zhao, Tong. "Sanction experience and sanction behavior: an analysis of Chinese perception and behavior on economic sanctions." Contemporary Politics 16, no. 3 (August 16, 2010): 263–78. http://dx.doi.org/10.1080/13569775.2010.501639.
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Cihan, Abdullah, and Charles R. Tittle. "Self-Control, Sanction Threats, Temptation, and Crime: Examining Contingencies of Self-Control in a Cross-National Context." Crime & Delinquency 65, no. 4 (January 16, 2019): 555–80. http://dx.doi.org/10.1177/0011128718824939.
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Using a representative household survey data, we examine the generality of self-control, the predictive strengths of sanction threats, and the interaction between criminal propensity and sanction threats in explaining criminal probability. Although the data confirm the generality of self-control predictions of deviant/criminal behavior in the Turkish cultural context, the effects appear quite modest and contingent on fear of informal sanctions and temptation. Consistent with the findings of recent studies, a small interaction between self-control and sanction threats suggests that deterrence is greatest among individuals with weak self-control. However, there is no interaction between sanction threats and temptation, suggesting that sanction fear is equally likely among individuals regardless of their level of temptation.
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Putra, Ida Bagus Sudarma. "Community Legal Awareness and Customary Sanction to Prevent Littering: How Penglipuran Village in Bali Makes Efforts?”." Udayana Journal of Law and Culture 6, no. 1 (January 30, 2022): 23. http://dx.doi.org/10.24843/ujlc.2022.v06.i01.p02.
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Penglipuran is a customary village in Bali that traditionally imposes a customary sanction for villagers who litter waste in the territory of the village in the form of holding a prayascita ceremony. This article aims to analyze the existence of prayascita customary sanctions in Penglipuran Village, the efforts to overcome littering in the village territory, and the implications of such sanctions on the legal awareness of the community. This paper combines a religious based-research in social-humanities and empirical juridical research that analyzes data and legal sources in descriptive, qualitative, and systematic methods. This research revealed that prayascita customary sanction is imposed on anyone who is decided guilty for littering in a village meeting, entails that he/she has to hold a prayascita ceremony that takes place in the village’s catus pata (crossroad). The efforts of Penglipuran Village to tackle littering problems are overseeing and maintaining the sanctity, sustainability, cleanliness, and orderliness of the area of ??the village. The programs and facilities that are implemented to control littering practice in this article can be divided into preventive and repressive measures. In terms of legal awareness, the village community has generally obeyed the customary rules. It is proven by the absence of people who have been imposed prayascita customary sanctions. It may be assessed that village members have a high community legal awareness to sort waste and put it in the rubbish bin. Therefore, the sanction to hold a prayascita ceremony has never happened until now. This indicates that a clean living culture has been well internalized by the community.
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TURNER, MICHAEL G., FRANCIS T. CULLEN, JODY L. SUNDT, and BRANDON K. APPLEGATE. "Public Tolerance for Community-Based Sanctions." Prison Journal 77, no. 1 (March 1997): 6–26. http://dx.doi.org/10.1177/0032855597077001002.
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Based on a factorial design survey of 237 Hamilton County (Cincinnati), Ohio, residents, we assessed not only whether respondents preferred, but also “tolerated” or viewed as acceptable, community-based sanctions. Rating vignettes in which the offender engaged in either burglary or robbery, a slight majority of the respondents favored a sentence involving incarceration. Even so, a sizable minority of the sample preferred to sanction offenders in the community, and tolerance for such a sanction was widespread. There was little support, however, for sanctions that did not involve the close supervision of the offender. We suggest that community-based sanctions will be embraced by the public only to the extent that a persuasive case can be made that the sanction punishes, restrains, and changes offenders—in short, that it “works.”
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LAURE DE BATZ. "Financial Sanctions in France – 2004-2016." Bankers, Markets & Investors 149 (July 1, 2017): 11. http://dx.doi.org/10.54695/bmi.149.279.
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The French Financial Market Authority published 308 sanction decisions from its creation in 2004 until late 2016, mostly resulting in a guilty verdict (90%) associated withfinancial fines (94%) and/or with disciplinary sanctions (30%), after long procedures(2.7 years on average), followed potentially by appeals. Half of them were first publishedanonymized. The most frequently sanctioned market participants are listed and assetmanagement companies. From 2012 to 2016, 32 settlements complemented the legalarsenal. They are by law quicker, target less severe regulatory breaches without guiltrecognition mostly by asset management firms, and result in less severe sanctions.
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Korabel, Mariia. "Certain issues of sanctioning criminal law provisions." Actual problems of innovative economy and law 2023, no. 5-6 (December 31, 2023): 69–74. http://dx.doi.org/10.36887/2524-0455-2023-5-12.
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The sanction of an article of the Special Part of the Criminal Code of Ukraine reveals the legal aspect of criminal punishment. It determines the type and amount of punishment for a criminal offense. Depending on the degree and nature of the public danger, the sanction of a criminal law provision sets out what restrictions a person is subjected to, which may relate to specific personal, property, and other human and civil rights and freedoms provided for by the Constitution of Ukraine. The protection of human rights and freedoms is a priority for the state. The fight against crime is carried out through the imposition of punishment necessary and sufficient to reform the convicted person and prevent the commission of new criminal offenses. In the sanction of the article of the Special Part of the Criminal Code, the type and limit of punishment are established to achieve the goals set out in Article 50. Accordingly, the sanction should correspond to the social danger of the act, provide opportunities to individualize the punishment, consider the principles and general principles of sentencing, etc. The content of the sanction determines the achievement of the goals of punishment, including punishment, correction of the convicted person, and prevention of new criminal offenses. The degree of the socially dangerous act committed, the ability to individualize the punishment, considering the principles and general principles of sentencing, and being consistent with sanctions for crimes of a similar type and nature play an essential role in the design of sanctions. An analysis of the controversial issues is necessary to further improve the sanction of criminal law provisions. The issue of a large amplitude between lower and higher limits of punishment, lack of consistency in the central and qualifying elements of a criminal offense, and many main punishments in the sanctions for one criminal offense are discovered. Keywords: sanction of criminal law provision, crime, individualization of punishment, content of sanction, combating crime.
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Firth, Michael A., Phyllis Lai Lan Mo, and Raymond M. K. Wong. "Auditors' Reporting Conservatism after Regulatory Sanctions: Evidence from China." Journal of International Accounting Research 13, no. 2 (January 1, 2014): 1–24. http://dx.doi.org/10.2308/jiar-50711.
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ABSTRACT This study examines whether regulatory sanctions have a disciplinary effect on auditors in a large emerging market. Based on the enforcement releases issued by the China Securities Regulatory Commission (CSRC) during 1996–2007, we hypothesize and find that auditors who are sanctioned for failure to detect and report financial statement fraud report more conservatively after the sanction. Our empirical findings specifically suggest that sanctioned auditors issue more going-concern opinions for risky clients after enforcement action than they did before the enforcement action. In contrast, we find no such effect for non-risky clients. Overall, we provide evidence that regulatory sanctions are effective in shaping auditors' behavior when they audit risky clients. JEL Classifications: G18; K42; M42.
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Prostoserdov, Mikhail A. "Dynamics of Criminal Law Sanctions." Rossijskoe pravosudie, no. 12 (November 25, 2021): 76–81. http://dx.doi.org/10.37399/issn2072-909x.2021.12.76-81.
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This article presents the results of a study on the dynamics of criminal sanctions in the current criminal law of the Russian Federation. The author studied the ways of transferring the sanction of the main corpus delicti to the sanction of the qualified corpus delicti. In the course of the study, the author identified some defects in the construction of certain criminal legal sanctions and proposed ways to eliminate these defects.
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Saeed Iranmanesh, M. I., A. Norallah Salehi, and B. Seyyed Abdolmajid Jalaee. "Using Fuzzy Logic Method to Investigate the Effect of Economic Sanctions on Business Cycles in the Islamic Republic of Iran." Applied Computational Intelligence and Soft Computing 2021 (January 29, 2021): 1–10. http://dx.doi.org/10.1155/2021/8833474.
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One of the main economic issues in Iran is the issue of economic sanctions. These sanctions have been imposed by various institutions and countries around the world in various forms since 1979 against Iran. Economic sanctions have affected large sections of Iran’s economy. Meanwhile, economic sanctions against Iran have had far-reaching effects on trade cycles in Iran. The purpose of this article is to investigate the impact of economic sanctions on the structure of business cycles in Iran. The sanction index is a tool for studying quantitative sanctions. The opinions of 15 experts in sanctions economics were collected using fuzzy questionnaires. And the sanction index was obtained. The fuzzy logic method in the MATLAB software space calculated the economic sanction index for 1979–2019. The self-regression calculated the effect of economic sanctions on business cycles. There are two scenarios in this article. In scenario 1, sanctions increased inflation, reduced production, and reduced investment. Also, during the embargo period, the recessions are longer. The second scenario of the research shows the economy without sanctions. The results showed that, in these conditions, inflation has less effect on production and investment. And the economy will experience a long period of prosperity without sanctions.
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Sergeev, L. I., and D. L. Sergeev. "Social product anti-sanction reproduction issues." Vestnik Universiteta, no. 4 (May 30, 2023): 128–37. http://dx.doi.org/10.26425/1816-4277-2023-4-128-137.
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The article introduces a new concept – sanction national and regional reproduction. The authors note that the operation of a number of objective economic laws in the sanction conditions of development to a certain extent loses the force of its impact on the reproduction of the gross social product. Changes in the processes of reproduction, distribution, exchange and consumption of the national and regional product under sanctions are analyzed. The scheme of output abroad of added value in case of sale of objects of labor is considered. Anti-sanction measures are proposed at all phases of the reproduction of the gross social product: production, distribution, exchange and consumption. It is emphasized that sanction social reproduction as a specific form of socio-economic development should be an independent object of study of regional economic science. As a result of the study, the consequences of transformational reproductive processes of creating and using a social product under the conditions of sanctions are revealed.
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Cellini, Stephanie R., Rajeev Darolia, and Lesley J. Turner. "Where Do Students Go When For-Profit Colleges Lose Federal Aid?" American Economic Journal: Economic Policy 12, no. 2 (May 1, 2020): 46–83. http://dx.doi.org/10.1257/pol.20180265.
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We examine the effects of federal sanctions imposed on for-profit institutions in the 1990s. Using county-level variation in the timing and magnitude of sanctions linked to student loan default rates, we estimate that sanctioned for-profits experience a 68 percent decrease in annual enrollment following sanction receipt. Enrollment losses due to for-profit sanctions are 60–70 percent offset by increased enrollment within local community colleges, where students are less likely to default on federal student loans. Conversely, for-profit sanctions decrease enrollment in local unsanctioned for-profit competitors, likely due to improved information about local options and reputational spillovers. Overall, market enrollment declines by 2 percent. (JEL H52, I21, I22, I23, I28)
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Harel, Alon. "WHY ONLY THE STATE MAY INFLICT CRIMINAL SANCTIONS: THE CASE AGAINST PRIVATELY INFLICTED SANCTIONS." Legal Theory 14, no. 2 (June 2008): 113–33. http://dx.doi.org/10.1017/s135232520808004x.
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Criminal sanctions are typically inflicted by the state. The central role of the state in determining the severity of these sanctions and inflicting them requires justification. One justification for state-inflicted sanctions is simply that the state is more likely than other agents to determine accurately what a wrongdoer justly deserves and to inflict a just sanction on those who deserve it. Hence, in principle, the state could be replaced by other agents, for example, private individuals. This hypothesis has given rise to recent calls to reform the state's criminal justice system by introducing privately inflicted sanctions, for example, shaming penalties, private prisons, or private probationary services. This paper challenges this view and argues that the agency of the state is indispensable to criminal sanctions. Privately inflicted sanctions sever the link between the state's judgments concerning the wrongfulness of the action and the appropriateness of the sanction and the infliction of sufferings on the criminal. When a private individual inflicts punishment, she acts on what she and not the state judges to be a justified response to a criminal act. Privately inflicted sanctions for violations of criminal laws are not grounded in the judgments of the appropriate agent, namely the state. It is impermissible on the part of the state to approve, encourage, or initiate the infliction of a sanction (for violating a state-issued prohibition) on an alleged wrongdoer on the basis of a private judgment. Such an approval grants undue weight to the private judgment of the individual who inflicts the sanction.
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Mikhailina, T. V., Yu Gotsulyak, and А. Gel. "Оn the problems of understanding the category «sanction» in the theory of law and branch jurisprudence." Uzhhorod National University Herald. Series: Law 66 (December 14, 2021): 288–93. http://dx.doi.org/10.24144/2307-3322.2021.66.49.
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The scientific article is devoted to the analysis and rethinking of the category «sanction» in the theory of law and branch jurisprudence.As a result of the conducted research, the general theoretical definition of the category «sanction» as part of a legal norm that provides for negative consequences of non-compliance or improper implementation of the rule enshrined in the disposition of the rule of law, is supported.It is noted that, despite the existence of certain terminological differences, in general, the sciences of criminal law and the theory of law are moving in the same direction regarding the definition of sanctions and their classification, which cannot be said about other branches of law. In the science of civil law, modern definitions take us not only beyond the legal norm, but also beyond the law as a whole, focusing on the ability of sanctions to be contained in the contract between the parties, and therefore associating the sanction not with part of the legal norm, but with legal responsibility as such. And sanctions in economic law fully relate to the type and degree of responsibility.It is concluded that theoretical approaches to the definition of sanctions in administrative law can be clearly divided into two groups, the first of which «fits» into the general understanding of sanctions. When referring to the latest doctrinal sources (the second group), there is a significant variability in them and attempts to move away from the established definition. Moreover, the understanding of the sanction goes far beyond both the legal norm and legal liability, extending it, among other things, to preventive measures.Thus, it is necessary to distinguish the category of «sanction» as specifically restrictive measures, as measures of legal liability and as a structural element of a legal norm. Moreover, if the term «sanction» may well be applied to restrictive measures, which is due to the etymology of this concept, then the identification of sanctions as an element of a legal norm and measures of legal liability should be completely excluded. The use of such categories as synonymous at both the doctrinal and practical levels leads to legal uncertainty and confusion of concepts.
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Wibawa, I. Putu Sastra, and Mahrus Ali. "Ketegangan Hukum Antara Sanksi Adat Kasepekang Dengan Humanisme Hukum Di Desa Adat Paselatan, Kabupaten Karangasem, Bali." Jurnal Hukum Ius Quia Iustum 29, no. 3 (September 1, 2022): 611–32. http://dx.doi.org/10.20885/iustum.vol29.iss3.art7.
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The arena of tension between kasepekang indigenous sanctions and legal humanism occurred in the Paselatan Traditional Village, Karangasem Regency, Bali. One family residing in the traditional village received customary sanctions in the form of being temporarily dismissed as krama (citizen) due to not being able to pay off debt loans at the Paselatan Traditional Village Credit Institution. Dismissal as a krama of a traditional village in Bali is commonly called a kasepekang indigenous sanction. There is a gap between what should be in the law, both in the regulation and implementation of the law, with the reality that occurred in the Paselatan Traditional Village; There are still traditional Kasepekang sanction which are considered to violate humanism values. This study analyzes: first, the enforcement of the indigenous sanction of kasepekang which are considered to violate the values of legal humanism. Second, the implementation of progressive legal principles in the case of bestowing kasepekang sanction in the Paselatan Traditional Village as a mediator between the legal tensions of the kasepekang indigenous sanction and legal humanism. The research method used is a normative research method. The theory used as an analysis is progressive legal theory. The results of the study concluded that the indigenous sanction of Kasepekang are not in accordance with philosophical, sociological values, and are contrary to the juridical aspects and are contrary to the theoretical aspects, especially the progressive legal theory. Progressive legal principles are applied as an end to the tension between Kasepekang indigenous sanction and legal humanism.
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Prokofyev, Andrey V. "Jeremy Bentham’s Theory of Moral Sanctions." RUDN Journal of Philosophy 27, no. 3 (September 15, 2023): 757–73. http://dx.doi.org/10.22363/2313-2302-2023-27-3-757-773.
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The study deals with the content and transformations of Jeremy Bentham’s theory of sanctions and its role in the development of the contemporary understanding of how moral regulation works. In An Introduction to the principles of morals and legislation, Bentham defines sanction as a type of pleasure and pain that gives the binding force to some law or rule and mentions four sanctions: physical, political, popular, or moral, and religious. The popular, or moral, sanction rests on such a motive as ‘the love of reputation’. Unlike the motive of ‘good-will’, ‘the love of reputation’ has some drawbacks that lessen its general efficiency and its contribution to the fulfillment of the principle of utility. Though the development of civilization makes them less dangerous. In the Deontology, two more sanctions were added: sympathetic (the pain generated by the contemplation of the pain suffered by a fellow creature) and retributive (the pain caused to a perpetrator by retaliatory actions of his/her immediate victim). The renewed typology of sanctions is discussed by Bentham in the context of the activity of a moralist, or a deontologist. There are two main interpretations of moral sanctions in the contemporary ethics: ‘the moral sanction as a public condemnation of a perpetrator’ and ‘the moral sanction as a self-condemnation of a perpetrator (his/her feeling of guilt, pricks of conscience)’. Bentham was a major figure in the development of the first interpretation. However, his extended typology contributed to the development of the second. Bentham’s sympathetic sanction in the case of ‘pains of sympathy’ that experienced by a perpetrator and caused him/her by pains of his/her victims is not identical to a guilt-feeling but can work without a public condemnation.
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Simović, Marina M., and Vladimir M. Simović. "Definition, Purpose and Types of Juvenile Criminal Sanctions in the Federation of Bosnia and Herzegovina / Pojam, svrha i vrste maloljetničkih krivičnih sankcija u Federaciji Bosne i Hercegovine." Годишњак факултета правних наука - АПЕИРОН 5, no. 5 (July 28, 2015): 150. http://dx.doi.org/10.7251/gfp1505150s.
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Juvenile sanctions are legally prescribed measures and proceedings of social response to juvenile perpetrators of criminal acts. The purpose of juvenile criminal sanctions is within the overall purpose of criminal sanctions. That represents preventive influence on others to respect legal system without committing criminal acts. It also means preventing perpetrators to commit another criminal act and encouraging its upbringing. In essence, general purpose of juvenile criminal sanctions is to fight all types, forms and aspects of crime through special and general prevention. When pronouncing these sanctions court cannot know nor predict how the process of education, discipline and therapy will develop. It also cannot know what time period will be necessary to realize the purpose of its pronouncement. Every adolescent is an individual for itself therefore has a different reaction to pronounced sanction. Interest i.e. wellbeing of an adolescent always comes first when deciding on criminal sanction. The Juvenile Criminal Law in Bosnia and Herzegovina prescribes three basic types of juvenile criminal sanctions. In essence, they are not of repressive character. Basically, the only juvenile criminal sanction of repressive character in the true sense of the word is juvenile imprisonment (detention).
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В.В., Александрова,. "Optimal sanction of the criminal law norm: stating the problem." Penitentiary Science, no. 4(60) (December 16, 2022): 359–71. http://dx.doi.org/10.46741/2686-9764.2022.60.4.002.
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Введение: статья посвящена проблеме конструирования санкции уголовно-правовой нормы. Демонстрируется несовершенство действующей системы санкций, предлагается понятие оптимальной санкции, сочетающей требования криминологической обоснованности, справедливости, эффективности и системности. Целью исследования является анализ научных представлений, идей относительно критериев построения санкции для нахождения оптимальной санкции. Методы: исторический, эмпирический, интерпретации; теоретические методы формальной и диалектической логики. Применялись частнонаучные методы: юридико-догматический и метод толкования правовых норм. Результаты: получены выводы о содержании и критериях требований криминологической обоснованности, справедливости, эффективности и системности. Показана их взаимозависимость. При этом под криминологической обоснованностью понимается направленность санкции на предупреждение и сокращение преступности как явления, требование справедливости означает соответствие санкции общественной опасности преступления. Требование эффективности санкции означает достаточную степень соответствия полученного результата и поставленных перед санкцией целей – общее предупреждение совершения преступлений, а также способствование достижению целей наказания. Требование системности означает необходимость согласованности санкций друг с другом как в рамках одной статьи, так и в целом в границах Особенной части УК РФ. Introduction: the article is devoted to the problem of designing a sanction of the criminal law norm. The author shows imperfection of the current system of sanctions and proposes a concept of optimal sanctions, combining requirements of criminological validity, fairness, effectiveness and consistency. Purpose: to optimize scientific ideas about the criteria for designing a sanction to find an optimal sanction. Methods: historical, empirical, interpretation; theoretical methods of formal and dialectical logic; private scientific methods, such as legal-dogmatic and interpretation of legal norms. Results: the author comes to the conclusion about the content and criteria of the requirements of criminological validity, fairness, effectiveness and consistency. Their interdependence is shown. At the same time, criminological validity is understood as the sanction focus on preventing and reducing crime as a phenomenon; the sanction fairness requirement presupposes that it corresponds to the public danger of the crime. The sanction effectiveness requirement means a sufficient degree of conformity of the result obtained and the goals set before the sanction. General prevention of crime commission, as well as contribution to punishment goals achievement are considered as goals. The sanction consistency requirement means the need for consistency of sanctions with each other, both within the framework of one article and in general within the boundaries of the Special Part of the Criminal Code of the Russian Federation.
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Gunawan, Teng Junaidi. "Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP." SASI 28, no. 4 (December 30, 2022): 532. http://dx.doi.org/10.47268/sasi.v28i4.1038.
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Introduction: As the ius constituendum of criminal law, the RKUHP introduces the concept of a double track system in its criminal system. The purpose of this double track system concept is to regulate 2 (two) types of sanctions, namely penal sanction (straf/punishment) and treatment sanction (maatregel/treatment).Purposes of the Research: First, the ratio legis criminal law sanctions system with the principle of a double track system and factual policies in the National RKUHP. Second, the ideal model of the criminal law sanction system has the principle of a double track system in the National RKUHP.Methods of the Research: The research method used in this research is normative legal research. Conduct a study of the Criminal Code and the National RKUHP as well as an analysis of the theory of punishment, especially on penal sanction and treatment sanction.Results of the Research: The results of this study reveal that philosophically the emergence of the double track system concept is influenced by the development of the flow in criminal law, namely from the classical to the modern school, and the neo-classical school. Then the sentencing policy in the National RKUHP is not yet fully based on the principle of a double track system. So that we need an appropriate conception and in accordance with the basic idea of the actual double track system concept, one of which is by integrating additional forms of penal sanction into treatment sanction.
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Ha, Tran Manh, and Doan Ngoc Thang. "Are Economic Sanctions a Barrier to Trade in Environmental Goods? The International Evidence." Economics and Finance Letters 9, no. 2 (September 6, 2022): 211–20. http://dx.doi.org/10.18488/29.v9i2.3118.
Full textAbstract:
The purpose of economic sanctions is to isolate a sanctioned country and harm its economy to force its government to adjust course, policies, and actions. To resist sanctions, a sanctioned country needs to adopt a variety of survivalist and unsustainable policies that undermine the economic challenge of sanctions at the expense of lowering priority to the environmental sector and the production of environmental goods (EGs). Due to the shortage of EGs in the sanctioned nations, we hypothesize that economic sanctions are a potential driver of trade in EGs. To assess the empirical merits of our theoretical claims, we used panel data with 5,297 pairs of 88 countries for the years spanning 1996 to 2019, inclusive. While economic sanctions take various forms, EGs refer to environmental goods and services that are manufactured, consumed, and disposed of without causing unintended environmental impacts. We used the Combined List of Environmental Goods (CLEG) to define the EGs. Our empirical results indicate that imposition of economic sanctions hinders trade in EGs. We also found clear evidence that the effect becomes more pronounced for the use of trade and financial sanctions and when the economic sanction is put on low-income countries.