Letteratura scientifica selezionata sul tema "Illegal negative decisions"

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Médaille à double face, l’excès de pouvoir judiciaire se dédouble selon qu’il caractérise le comportement du juge qui est sorti du cercle de ses attributions ou son attitude lorsqu’il refuse de juger ou de se reconnaître un pouvoir que la loi lui confère. Cette dichotomie entre excès de pouvoir positif d’une part, et excès de pouvoir négatif d’autre part, est majoritairement étrangère à l’étude de l’excès de pouvoir administratif. Bien que désormais entendu plus largement que son pendant judiciaire, l’excès de pouvoir de l’administration n’est jamais présenté comme un concept susceptible de se dédoubler en fonction de la nature positive ou négative de l’illégalité commise. Ce paradoxe résulte moins de l’absence d’une telle dualité que de la prédominance d’une conception historiquement positive de l’excès de pouvoir administratif qui ramène toute illégalité à un dépassement par l’autorité administrative des limites assignées à son pouvoir. L’exploration des « diverses manifestations caractérisées de l’excès de pouvoir » suffit à constater qu’en filigrane des classifications traditionnelles, les illégalités négatives sont diffuses et multiples. Elles ont en commun de traduire la violation négative par l’autorité administrative des normes qui s’imposent à elle dans son activité juridique, soit parce que l’acte est entaché d’un vice négatif, soit parce qu’elle a illégalement refusé d’adopter un acte positif. Le dessin des contours d’une conception négative de l’excès de pouvoir permet de constater que ses manifestations appellent, de la part du juge administratif, l’exercice de pouvoirs particuliers. L’émancipation progressive de la dimension négative de son office pour lui permettre d’agir positivement à destination de l’administration ou directement sur l’acte administratif répond à un tel impératif. Symptomatique, à bien des égards, de réflexions structurelles qui traversent l’étude du contentieux administratif, l’étude de l’excès de pouvoir négatif de l’administration invite à la réflexion sur la nature changeante des relations tissées par le juge avec l’administration dont il assure le contrôle des actes et le justiciable aux attentes duquel il cherche à répondre
Double-sided medal, the judicial abuse of power is doubled depending on whether it characterizes the behavior of the judge who has left the circle of his attributions or his attitude when he refuses to judge or to recognize a power that the law confers on him. This dichotomy between positive abuse of power on the one hand, and negative abuse of power on the other hand, is largely foreign to the study of the abuse of power of the administration. Although now understood more broadly than its judicial counterpart, the abuse of power of the administration is never presented as a concept susceptible to duplicate according to the positive or negative nature of the committed illegality. This paradox results less from the absence of such a duality than from the predominance of a historically positive conception of the abuse of power of the administration which reduces any illegality to an overrun by the administrative authority of the limits assigned to its power. The exploration of 'the various manifestations characterized by abuse of power' suffices to note that under the traditional classifications, negative illegalities are diffuse and multiple. They have in common that they reflect the negative violation by the administrative authority of the standards imposed on it in its legal activity, either because the act is tainted with a negative defect, or because it has illegally refused to adopt a positive act. The nature of these illegalities, the sum of which draws the outlines of a negative conception of abuse of power, calls for the exercise of special powers on the part of the administrative judge. The gradual emancipation of the negative dimension of one's role to enable it to act positively for the administration or directly on the administrative act responds to such an imperative. Symptomatic, in many respects, of structural reflections that run through the study of administrative litigation, the study of the negative abuse of power of the administration invites reflection on the changing nature of the relations forged by the judge with the administration of which it ensures the control of acts and the litigant whose expectations it meets

More than a million children are separated from their parents by government authorities. We review the research on the effects of separation, including separation for parental maltreatment, adoption, illegal immigration, parental incarceration, and Indigenous status. The effects were universally negative, did not differ by reason for separation, and included neurological change from psychological trauma, precocious sexual maturity, physical and sexual abuse, neglect, academic delay, poor peer relations, psychosomatic symptoms, psychiatric disorder, and behavior problems such as depression, anxiety, delinquency, self-harm, substance abuse, and inappropriate sexual behavior. There were indications that separation led to intergenerational cycles of family separation. The research indicated that children are most vulnerable from 9 months to 9 years of age. We suggest that the negative effects of separation be considered explicitly when courts make placement decisions. Professionals who can reduce children’s suffering from separation are legislators, policy makers, social workers, mental health professionals, attorneys, and judges.

Abstract This chapter examines the particular issues of looting of archaeological sites, a phenomenon that became a significant factor in the middle of the twentieth century and continues today. It looks at the negative externalities and losses imposed on society, which increased as the application of scientific methodologies increased the knowledge that could be derived from proper excavation. The chapter begins with a consideration of the harms both to global society through the loss of knowledge caused by the destruction of archaeological context and to the communities and States of origin through loss of cultural and intellectual capital, damage to artefacts, the acceptance of fakes and forgeries, and finally the funding of armed conflict and other illegal activities. The chapter then turns to the legal responses to these issues starting with the historical approaches of the Ottoman Empire during the nineteenth century and spanning to contemporary laws that rely on State control and ownership of archaeological artefacts. The purpose of this legal regime is to discourage looting by imposing consequences on looters and all those involved in the market chain and to provide legal recourse for the return of illegally taken artefacts. The chapter includes an analysis of judicial decisions in market States that recognize foreign State ownership of archaeological artefacts, along with international conventions that together constitute the legal framework to protect archaeological heritage.

Health is an important aspect of human existence. Good health depends on a variety of factors like physical, biological, economic, and environmental factors. These factors have a contributory effect on the total well-being of a person positively or negatively. One of the negative effects is migration. Illegal migration has helped in the spread of communicable and non-communicable diseases. Many migrants are unaware of the health implication of migration because they are not equipped with necessary information for informed decision. This information can only be made available through the media. There has been a paucity of literature on migration and health. This chapter sought to examine how the media has helped to disseminate information that encourage or discourage people to migrate. It was recommended that the media work in concert with government and non-governmental organizations to provide information that would show case the health challenges migrants face. It also recommended that testimonies of survivors should be reported in a way that would discourage potential migrants.

Health is an important aspect of human existence. Good health depends on a variety of factors like physical, biological, economic, and environmental factors. These factors have a contributory effect on the total well-being of a person positively or negatively. One of the negative effects is migration. Illegal migration has helped in the spread of communicable and non-communicable diseases. Many migrants are unaware of the health implication of migration because they are not equipped with necessary information for informed decision. This information can only be made available through the media. There has been a paucity of literature on migration and health. This chapter sought to examine how the media has helped to disseminate information that encourage or discourage people to migrate. It was recommended that the media work in concert with government and non-governmental organizations to provide information that would show case the health challenges migrants face. It also recommended that testimonies of survivors should be reported in a way that would discourage potential migrants.