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1
Sitompul, Rina Melati, and Andi Maysarah. "Initiating Payment of Trafficking Restitution from a Victims Perspective." Kanun Jurnal Ilmu Hukum 23, no. 1 (April 30, 2021): 101–15. http://dx.doi.org/10.24815/kanun.v23i1.18276.
Повний текст джерелаАнотація:
The objective of this study was to offer policy concept ideas in fulfilling restitution for the victims in accordance with the required attainment of justice. Restitution related to the payment of costs charged to the person based on a court decision that has permanent legally enforceable for the costs suffered by the victim or heir. This study used a normative method using a statutory approach and a case approach. From the three court decisions and one trafficking case in the constabulary, the victim's comprehension of the legal handling experienced is sufficient to accommodate the victim's wishes in obtaining victim's rights. Conclusions are drawn through an inductive to deductive thought process. Of the three decisions reviewed, it proved that the application of restitution payments was not able to fulfill a sense of justice for the victim. In fact, in practice, the fulfillment of compensation payments is in the non-penal space, from the perspective of victim recognition, it is sufficient to accommodate their wishes and hopes for the fulfillment of the expected restitution rights. In order to provide legal certainty for victims of the fulfillment of restitution rights, a legal breakthrough is required. The diversion method as a confirmation of ensuring the payment of the victim's restitution right is an offer. The concept of diversion can be carried out with the limitation of the criteria for the impact experienced by the victim, and the legality of legality is determined through a court decision or decision, as legal achievement through restorative justice is able to restore conflicts from perpetrators and victims.
2
Gladfelter, Andrew S., Brendan Lantz, and R. Barry Ruback. "Beyond Ability to Pay: Procedural Justice and Offender Compliance With Restitution Orders." International Journal of Offender Therapy and Comparative Criminology 62, no. 13 (March 13, 2018): 4314–31. http://dx.doi.org/10.1177/0306624x18759195.
Повний текст джерелаАнотація:
Restitution to victims is rarely paid in full. One reason for low rates of payments is that offenders lack financial resources. Beyond ability to pay, however, we argue that fair treatment has implications for offender behavior. This study, a survey of probationers who owed restitution, investigated the links between (a) ability to pay, (b) beliefs about restitution and the criminal justice system, and (c) restitution payment, both the amount paid and number of payments. Results indicate that perceived fair treatment by probation staff—those most directly involved with the collection of restitution payments—was significantly associated with greater payment, net of past payment behavior, intention to pay, and ability to pay. Because restitution has potentially rehabilitative aspects if offenders pay more of the court-ordered amount and if they make regular monthly payments, how fairly probation staff treat probationers has implications for both victims and for the criminal justice system.
3
Daly, Kathleen, and Robyn L. Holder. "State Payments to Victims of Violent Crime: Discretion and Bias in Awards for Sexual Offences." British Journal of Criminology 59, no. 5 (March 31, 2019): 1099–118. http://dx.doi.org/10.1093/bjc/azz008.
Повний текст джерелаАнотація:
Abstract State monetary schemes for victims of violent crime began in the 1960s and operate in 35 countries today, yet knowledge is lacking on who is applying, how decisions are reached, variation in awards and why amounts may differ. Analysing 291 sexual offence cases in Queensland, we ask whether awards differ by victim sex/gender and by societal constructs of ideal, real rape, and credible victims. We found that male child victims received higher awards than female child victims for more serious sexual offences and that awards to females aged 12 and older were affected by elements associated with real rape and credible victims. We call upon researchers and governments to pursue and expand this new area of research.
4
Haynes, Stacy Hoskins, Alison C. Cares, and R. Barry Ruback. "Reducing the Harm of Criminal Victimization: The Role of Restitution." Violence and Victims 30, no. 3 (2015): 450–69. http://dx.doi.org/10.1891/0886-6708.vv-d-13-00049.
Повний текст джерелаАнотація:
Restitution is a court-ordered payment by offenders to their victims to cover the victims’ economic losses resulting from the crime. These losses can be substantial and can harm victims and victims’ families both directly and indirectly. But most victims do not receive reparation for their injuries, both because judges do not always impose restitution and because of problems with collecting restitution payments, even if there is a court order to do so. In this article, we review the literature on restitution and suggest that this compensatory mechanism is necessary to restore victims to where they were before the crime occurred. But monetary restitution alone is not sufficient. Making victims whole requires not only financial compensation from the offender but also procedural, informational, and interpersonal justice from the criminal justice system.
5
Prihatmini, Sapti, Fanny Tanuwijaya, Dina Tsalist Wildana, and Misbahul Ilham. "PENGAJUAN DAN PEMBERIAN HAK RESTITUSI BAGI ANAK YANG MENJADI KORBAN KEJAHATAN SEKSUAL." Rechtidee 14, no. 1 (June 30, 2019): 108–26. http://dx.doi.org/10.21107/ri.v14i1.4768.
Повний текст джерелаАнотація:
This paper aims to analyze the mechanism for submitting and granting restitution as the responsibility of perpetrators of crimes. This is to fulfill the rights of children who are victims of criminal acts. The implemented provisions governing the submission and granting of restitution are regulated in PP No. 44 of 2008 and PP No. 43 of 2017. However, the implementation of the restitution provision,which is the right of the child (victim), has not been fully implemented due to a lack of maximum assistance by the relevant government, such us fulfilling the rights of victims to obtain rehabilitation, compensation and restitution as a form of protection of children after the occurrence of a crime for the loss suffered by the child and / or the family of the victim. This study uses doctrinal research (doctrinal legal research), while the approach used is (socio-legal studies) an effort to explore a problem by not only fulfilling the study of legal norms or doctrines, but also looking comprehensively at the context of norms and enforcement. The results showed that the submission of restitution stipulated in Government Regulation No. 43 of 2017 outlines that restitution is a compensation payment charged to the perpetrator based on a court decision. It has permanent legal force for material and immaterial losses suffered by the victim or his family, as in the case of giving restitution for a non specifically regulated the period of payment and a rejection of payments from perpetrators of sexual crimes.
6
Wang, Kai, Jun Pang, Dingjie Chen, Yu Zhao, Dapeng Huang, Chen Chen, and Weili Han. "A Large-scale Empirical Analysis of Ransomware Activities in Bitcoin." ACM Transactions on the Web 16, no. 2 (May 31, 2022): 1–29. http://dx.doi.org/10.1145/3494557.
Повний текст джерелаАнотація:
Exploiting the anonymous mechanism of Bitcoin, ransomware activities demanding ransom in bitcoins have become rampant in recent years. Several existing studies quantify the impact of ransomware activities, mostly focusing on the amount of ransom. However, victims’ reactions in Bitcoin that can well reflect the impact of ransomware activities are somehow largely neglected. Besides, existing studies track ransom transfers at the Bitcoin address level, making it difficult for them to uncover the patterns of ransom transfers from a macro perspective beyond Bitcoin addresses. In this article, we conduct a large-scale analysis of ransom payments, ransom transfers, and victim migrations in Bitcoin from 2012 to 2021. First, we develop a fine-grained address clustering method to cluster Bitcoin addresses into users, which enables us to identify more addresses controlled by ransomware criminals. Second, motivated by the fact that Bitcoin activities and their participants already formed stable industries, such as Darknet and Miner , we train a multi-label classification model to identify the industry identifiers of users. Third, we identify ransom payment transactions and then quantify the amount of ransom and the number of victims in 63 ransomware activities. Finally, after we analyze the trajectories of ransom transferred across different industries and track victims’ migrations across industries, we find out that to obscure the purposes of their transfer trajectories, most ransomware criminals (e.g., operators of Locky and Wannacry) prefer to spread ransom into multiple industries instead of utilizing the services of Bitcoin mixers. Compared with other industries, Investment is highly resilient to ransomware activities in the sense that the number of users in Investment remains relatively stable. Moreover, we also observe that a few victims become active in the Darknet after paying ransom. Our findings in this work can help authorities deeply understand ransomware activities in Bitcoin. While our study focuses on ransomware, our methods are potentially applicable to other cybercriminal activities that have similarly adopted bitcoins as their payments.
7
Silverman, Daniel. "Too Late to Apologize? Collateral Damage, Post-Harm Compensation, and Insurgent Violence in Iraq." International Organization 74, no. 4 (2020): 853–71. http://dx.doi.org/10.1017/s0020818320000193.
Повний текст джерелаАнотація:
AbstractA key piece of conventional wisdom among scholars of modern armed conflict is that collateral damage is often strategically costly in war. Yet most combatants already know this and take actions after mistakes—most prominently, the distribution of “condolence payments” to civilian victims—in order to mitigate these costs. Do these payments work? This question is important not only for policymakers but also for deeper theoretical debates about how civilians respond to combatant signals in war. To examine these issues, I use micro-level conflict event data on 4,046 condolence payments made by Coalition forces to civilian victims during the Iraq War from 2004 to 2008, matching it with corresponding data on collateral damage and insurgent violence. The results of this analysis reveal that post-harm compensation does significantly diminish local rates of insurgent violence, and that this is true across different types of payments (cash handouts or in-kind assistance). Ultimately, these patterns can be best explained by a rationalist mechanism in which civilians update their beliefs about violent events based on new information about combatants’ wartime intentions. The results thus provide a compelling strategic rationale for combatants to compensate their victims in war, and suggest that civilians are not blinded to new information about conflict dynamics by their preexisting biases.
8
Indriyani, Indriyani, and Paula Dewanti. "Truecaller's Spam Call and SMS Blocking Solution for Surveillance on Social Media." Jurnal Mekintek : Jurnal Mekanikal, Energi, Industri, Dan Teknologi 13, no. 1 (April 8, 2022): 19–29. http://dx.doi.org/10.35335/mekintek.v13i1.121.
Повний текст джерелаАнотація:
The advancement of technology and communication has been impressively rapid. That are where emerging cybercrime technologies were born. Cyberspace activities involve the use of Internet users. One of them is a frequent social media user, which allows for communication interactions to take place without the need for face-to-face meetings. The Internet and social media, in addition to having a positive impact on users, also have a negative impact. One of them is a type of crime that is currently prevalent, namely digital cybercrime, which is a crime committed by varied individuals in order to deceive the target using data/information from the victim's social media account. Furthermore, in the current era of the Covid-19 pandemic, many victims have received fraud, such as spam calls and SMS, from people who use various methods to persuade, usually using the victim's family as tactic and overdue in loan payments as trap, and the number of these victims is growing. This study used a comparative study to examine the effectiveness of the Truecaller application in assisting smartphone users who are disturbed by continuous terror by using calls and Spam SMS, as well as overcoming victims' concerns.
9
Cartwright, Anna, and Edward Cartwright. "Ransomware and Reputation." Games 10, no. 2 (June 10, 2019): 26. http://dx.doi.org/10.3390/g10020026.
Повний текст джерелаАнотація:
Ransomware is a particular form of cyber-attack in which a victim loses access to either his electronic device or files unless he pays a ransom to criminals. A criminal’s ability to make money from ransomware critically depends on victims believing that the criminal will honour ransom payments. In this paper we explore the extent to which a criminal can build trust through reputation. We demonstrate that there are situations in which it is optimal for the criminal to always return the files and situations in which it is not. We argue that the ability to build reputation will depend on how victims distinguish between different ransomware strands. If ransomware is to survive as a long term revenue source for criminals then they need to find ways of building a good reputation.
10
Miers, David. "Compensating deserving victims of violent crime: the Criminal Injuries Compensation Scheme 2012." Legal Studies 34, no. 2 (June 2014): 242–78. http://dx.doi.org/10.1111/lest.12013.
Повний текст джерелаАнотація:
Following the enactment of the Criminal Injuries Compensation Act 1995, a new Criminal Injuries Compensation Scheme came into force, replacing the non-statutory version that was introduced in 1964. The statutory Scheme retained the occasions for compensation but broke the link with common law damages, providing instead for payments to be made on the basis of a tariff of injury awards. But it continued to make payments for loss of earnings, special expenses and additional compensation in fatal cases. Minor revisions were made in 2001 and 2008, but following the government's consultation, ‘Getting it Right for Victims and Witnesses’, a major revision took effect in November 2012. Made largely to reduce public expenditure, this revision substantially limits both the numbers of victims of violent crime to be compensated and the levels of their awards. While this marks a further shift away from the original common law model, the 2012 Scheme remains a unique taxpayer-funded response to victims of violent crime, again prompting the question: why, and to what, extent should the state make financial provision for victims of violent crime that goes beyond welfare? This paper analyses the implications of the government's answer for the Scheme's scope and implementation.
11
Mousavi, Batool, Farzaneh Maftoon, Mohammadreza Soroush, Kazem Mohammad, and Reza Majdzadeh. "Health Care Utilization and Expenditure in War Survivors." Archives of Iranian Medicine 23, no. 4Suppl1 (April 1, 2020): S9—S15. http://dx.doi.org/10.34172/aim.2020.s3.
Повний текст джерелаАнотація:
Background: To describe the utilization and out-of-pocket (OOP) payments of war survivors receiving health care services and its determinants. Methods: A cross-sectional study was carried out by systematic random sampling at national level (n = 3079) on healthcare utilization in war survivors on their last received services. A validated questionnaire was used to gather the information of inpatient and outpatient healthcare services and OOP payment. The data were analyzed to indicate the determinants of health utilization and expenses. Results: Health care utilization was reported in 91.6% (n = 2822). The majority (82.5%) received one or two services in their last visits, mostly related to physician visits and medications (65.97%). Health care utilization was higher than general population annually, especially in physician visit (6.6 versus 4.89), medication (5.1 versus 3.6), and hospitalization (0.78 versus 0.15). About 20.2% (n = 599) of the study population paid out of their pocket for their last medical care services. The frequency of OOP payment was greater for physician visit and medication. Payment for hospitalization, imaging, and lab tests were more significantly associated with proceeding to reimburse the expenses (P<0.001). The median OOP payment was US$10.8 (interquartile range US$20.6). Gender (P=0.003), area of residence (P=0.01) and being war victims (P=0.005) were the significant determinants for both OOP payments and reclaiming the expenditure. Higher amount of payments (P<0.001) and more received health services (P=0.002) were also important factors in reclaiming the expenditure. Conclusion: Both outpatient services and hospital admission are more frequent among war survivors compared to the general Iranian population. Future studies should attempt to explore the reasons.
12
Aoki, Setsuko. "Domestic Legal Conditions for Space Activities in Asia." AJIL Unbound 113 (2019): 103–8. http://dx.doi.org/10.1017/aju.2019.14.
Повний текст джерелаАнотація:
This essay compares the national space legislation of China, Japan, and the Republic of Korea (ROK), outlining the reasons behind the legislation and then explaining what it authorizes, the jurisdiction it asserts, and the conditions it imposes on nongovernmental space activities. The essay also compares the compensation available to victims in case of damages and governmental indemnification payments to protect victims and the space launch industry in Japan and the ROK. Differences in industry policies and dates of enactment help to account for variations among these states. However, the comparative analysis suggests that the domestic legal conditions across Asia's three spacefaring nations are similar to those found worldwide.
13
O'Neill, Onora. "Rights to Compensation." Social Philosophy and Policy 5, no. 1 (1987): 72–87. http://dx.doi.org/10.1017/s0265052500001254.
Повний текст джерелаАнотація:
Rights to compensation are much invoked and much disputed in recent liberal debates. The disputes are generally about supposed fundamental (natural, human or moral) rights to compensation, whose recognition and legal enactment would transform some lives. For example, special treatment in education or employment are claimed as compensation for past denials of equal opportunity; special consideration for Third World countries in aid and trade terms is claimed as compensation for the injustices of the colonial past.We can make ready sense of the idea of legal rights to compensation. Legal rights to compensation guarantee (some) recompense for damage suffered. The damage for which compensation is given may or may not be produced by wrongdoing; it may also be negligent or accidental or due to natural causes. In law, compensation is not always contingent upon the victim having suffered injury as well as harm, nor upon saddling a wrong-doer with the costs of compensation. Insurance policies standardly cover damage due to accident and neglect. Legal rights to compensation may provide for payments to victims of violent crime, to those whose property is requisitioned or damaged, to victims of libel or malpractice, and even to victims of natural disasters such as floods or earthquakes. Legal rights to compensation are a standard way of dealing with the predicament of those who become victims, whether of others' (criminal) action, of their own negligence, or of natural catastrophe.None of this shows that there are fundamental rights to compensation. Legal rights to compensation may lack moral grounding: and if they are morally grounded, they may rest not on fundamental rights to compensation, but on background positions in which rights are derivative or inessential.
14
Huber, Thomas. "Holocaust Compensation Payments and the Global Search for Justice for Victims of Nazi Persecution." Australian Journal of Politics & History 48, no. 1 (March 2002): 85–101. http://dx.doi.org/10.1111/1467-8497.00254.
Повний текст джерела
15
Ayyagari, Meghana, Asli Demirgüç-Kunt, and Vojislav Maksimovic. "Bribe Payments and Innovation in Developing Countries: Are Innovating Firms Disproportionately Affected?" Journal of Financial and Quantitative Analysis 49, no. 1 (February 2014): 51–75. http://dx.doi.org/10.1017/s002210901400026x.
Повний текст джерелаАнотація:
AbstractInnovating firms pay more bribes than noninnovators across 25,000 firms in 57 countries. The difference is larger in countries with more bureaucratic regulation and weaker governance. Innovators that pay bribes do not receive better services and do not have greater propensity to engage in other illegal activities such as tax evasion. Thus, innovators are more likely to be victims of corruption than perpetrators. Our findings point to the challenges facing entrepreneurs in developing countries and are consistent with the view that rent seeking by government officials unlike private criminal activity is more likely to target innovators.
16
Craemer, Thomas. "Comparative Analysis of Reparations for the Holocaust and for the Transatlantic Slave Trade." Review of Black Political Economy 45, no. 4 (December 2018): 299–324. http://dx.doi.org/10.1177/0034644619836263.
Повний текст джерелаАнотація:
This article provides a legal and economic comparison of proposed reparations for the Transatlantic Slave Trade and already realized German Holocaust reparations. Neither injustice was legal at the time according to international common law. This line of legal reasoning was successfully applied at the Nuremberg trials but did not lead to Holocaust reparations. Instead, representatives of the perpetrator side reached out to representatives of the victimized side. Emory University’s Trans-Atlantic Slave Trade Database is used to determine the amounts the primarily European countries who participated in the slave trade would owe if the same per-victim reparations rate were applied, both uncompounded and compounded over time. After controlling for differences in the number of victims and the passage of time, Transatlantic Slave Trade reparations demands resemble German Holocaust reparations payments. Thus, German Holocaust reparations may serve as a blueprint for eventual Transatlantic Slave Trade reparations.
17
Rahmadia, Fitriani. "Theoretical and Conceptual Reflection Regarding Corporate Criminal Responsibilities Influencing the Formulation of Laws." Lentera Hukum 7, no. 1 (March 11, 2020): 17. http://dx.doi.org/10.19184/ejlh.v7i1.14297.
Повний текст джерелаАнотація:
In Indonesia, the development of the corporation as the subject to criminal acts takes place outside the Criminal Code, regulated in special legislation. While the Criminal Code itself still adheres to the subject of criminal acts in the form of people, the corporation (juridical person) appears as a subject that can commit a crime and should also be accountable in criminal law. However, this condition has not been realized concretely in our Criminal Code. The formulation policy regarding corporate criminal liability for victims of corporate crime that exists or is currently in force has not been able to realize the corporate criminal liability. Although there are sanctions that can be imposed on corporations, most of these provisions only protect potential victims and are not responsible for actual or real victims. In other words, the current formulation policy has not been able to ensnare and impose criminal sanctions on corporations who commit crimes, especially criminal sanctions which are oriented to the fulfillment or restoration of victims' rights in the form of compensation payments after the crime. This paper will discuss the position and the responsibility of the corporation as a subject of criminal law in Indonesia and analyze policy formulation of the Criminal Code and the draft of the Criminal Code that related to corporate responsibility as a legal subject.
Keywords: Corporate Criminal Responsibilities, Criminal Law, Corporate Responsibility.
18
Rahmadia, Fitriani. "Theoretical and Conceptual Reflection Regarding Corporate Criminal Responsibilities Influencing the Formulation of Laws." Lentera Hukum 7, no. 1 (March 11, 2020): 17. http://dx.doi.org/10.19184/ejlh.v7i1.14297.
Повний текст джерелаАнотація:
In Indonesia, the development of the corporation as the subject to criminal acts takes place outside the Criminal Code, regulated in special legislation. While the Criminal Code itself still adheres to the subject of criminal acts in the form of people, the corporation (juridical person) appears as a subject that can commit a crime and should also be accountable in criminal law. However, this condition has not been realized concretely in our Criminal Code. The formulation policy regarding corporate criminal liability for victims of corporate crime that exists or is currently in force has not been able to realize the corporate criminal liability. Although there are sanctions that can be imposed on corporations, most of these provisions only protect potential victims and are not responsible for actual or real victims. In other words, the current formulation policy has not been able to ensnare and impose criminal sanctions on corporations who commit crimes, especially criminal sanctions which are oriented to the fulfillment or restoration of victims' rights in the form of compensation payments after the crime. This paper will discuss the position and the responsibility of the corporation as a subject of criminal law in Indonesia and analyze policy formulation of the Criminal Code and the draft of the Criminal Code that related to corporate responsibility as a legal subject.
Keywords: Corporate Criminal Responsibilities, Criminal Law, Corporate Responsibility.
19
Rahmatillah Aljamalulail, Syarifah. "Discontinuity formulation of restitutions in Aceh qanun against the protection of rape victims." Gender Equality: International Journal of Child and Gender Studies 7, no. 2 (September 30, 2021): 245. http://dx.doi.org/10.22373/equality.v7i2.9059.
Повний текст джерелаАнотація:
This study discusses the fulfilment of the rights of rape victims in Aceh in the form of restitution payments. Restitution which is the main punishment in Qanun Aceh No. 6 of 2014 concerning the Jinayat Law, has never been included in the judge's decision in the cases of rape. Basically Qanun Jinayah has shown its side with rape victims by formulating punishments for perpetrators which are certain to have a deterrent effect such as the length of prison sentences and the number of sentences handed down to the perpetrators. However, the problem of hampering the fulfilment of restitution to victims is a new problem in the realm of enforcing the Jinayah Qanun in Aceh. This raises the question of why restitution was never included in the decision of the Sharia Court for the rape case in Aceh. This research is a literature study using a normative approach which is then explained descriptively. The results of this study showed that the restitution was never included in the decision is due to the incompatibility of the restitution formulation mentioned in the Jinayat Law Qanun and later referred to differently in the Jinayat Procedural Law, namely as compensation. The fulfilment of this right to restitution is also hampered due to the absence of a governor's regulation that contains technical rules regarding the mechanism for executing restitution for victims. The impact of this discontinuity in the formulation of restitution makes judges unable to include sanctions for restitution in their decisions.
20
McLean, Iain, and Martin Johnes. "Regulating gifts of generosity: the Aberfan Disaster Fund and the Charity Commission." Legal Studies 19, no. 3 (September 1999): 380–96. http://dx.doi.org/10.1111/j.1748-121x.1999.tb00101.x.
Повний текст джерелаАнотація:
After the Aberfan disaster on 21 October 1966, which killed 144 people, 116 of them children, the Charity Commission, duty-bound to uphold an outdated and inflexible law, intervened and obstructed payments by the charitable disaster fund to individual victims and for the cemetery memorial. It did not intervene to protect the fund from a government raid on its money to pay for the removal of dangerous coal tips above Aberfan – a raid that seems dubiously justifiable in charity law. The failures of regulation after Aberfan are discussed; some of them have since been remedied, some not.
21
Seifert, Achim. "Compensation for Forced Labour During World War II in Nazi Germany." International Journal of Comparative Labour Law and Industrial Relations 17, Issue 4 (December 1, 2001): 473–88. http://dx.doi.org/10.54648/394556.
Повний текст джерелаАнотація:
55 years after the end of World War II and after long and difficult negotiations with victims' organizations, the German Parliament passed the ‘Act Establishing the Foundation “Remembrance, Responsibility and Future”’ on 2 August 2000 which provides compensation payments for persons who were subjected to forced labour in the German war economy between 1939 and 1945. With this new legislation, a long debate that began at the end of World War II, is finally coming to an end. This article outlines the different steps in the compensation debate and analyzes the new German compensation legislation of 2 August 2000.
22
Deryugina, Tatyana. "The Fiscal Cost of Hurricanes: Disaster Aid versus Social Insurance." American Economic Journal: Economic Policy 9, no. 3 (August 1, 2017): 168–98. http://dx.doi.org/10.1257/pol.20140296.
Повний текст джерелаАнотація:
Little is known about the fiscal costs of natural disasters, especially regarding social safety nets that do not specifically target extreme weather events. This paper shows that US hurricanes lead to substantial increases in non-disaster government transfers, such as unemployment insurance and public medical payments, in affected counties in the decade after a hurricane. The present value of this increase significantly exceeds that of direct disaster aid. This implies, among other things, that the fiscal costs of natural disasters have been significantly underestimated and that victims in developed countries are better insured against them than previously thought. (JEL H51, H53, H84, J65, Q54)
23
Maxwell, Krista. "Settler-Humanitarianism: Healing the Indigenous Child-Victim." Comparative Studies in Society and History 59, no. 4 (September 29, 2017): 974–1007. http://dx.doi.org/10.1017/s0010417517000342.
Повний текст джерелаАнотація:
AbstractVictims of colonial, Indigenous child-removal policies have attracted public expressions of compassion from Indigenous and settler-state political leaders in Canada since the 1990s. This public compassion has fueled legal and political mechanisms, leveraging resources for standardized interventions said to “heal” these victims: cash payments, a truth-telling forum, therapy. These claims to healing provide an entry-point for analyzing how and why the figure of the Indigenous child-victim, past and present, is morally and politically useful for settler-states and their public cultures. I use the formulation of “settler-humanitarianism” to express how liberal interventions of care and protection, intended to ameliorate Indigenous suffering, align with settler-colonialism's enduring goal of Indigenous elimination (Wolfe 2006). Removal of Indigenous children was integral to the late nineteenth-century formation of the Canadian and Australian settler-states. Missionaries and colonial administrators represented these practices as humanitarian rescue from depraved familial conditions. Settler-humanitarians have long employed universalizing moral registers, such as “idleness” and “neglect,” to compel state interventions into Indigenous families. More recently, “trauma” has emerged as a humanitarian signifier compelling urgent action. These settler-humanitarian registers do political work. Decontextualized representations of Indigenous children as victims negate children as social actors, obscure the particularities of how collective Indigenous suffering flows from settler-colonial dispossession, and oppose children's interests with those of their kin, community, and nation. I analyze how and why Aboriginal healing as settler-humanitarianism has been taken up by many Indigenous leaders alongside settler-state agents, and examine the ongoing social and political effects of the material and discursive interventions it has spawned.
24
McIntosh, Timothy, A. S. M. Kayes, Yi-Ping Phoebe Chen, Alex Ng, and Paul Watters. "Ransomware Mitigation in the Modern Era: A Comprehensive Review, Research Challenges, and Future Directions." ACM Computing Surveys 54, no. 9 (December 31, 2022): 1–36. http://dx.doi.org/10.1145/3479393.
Повний текст джерелаАнотація:
Although ransomware has been around since the early days of personal computers, its sophistication and aggression have increased substantially over the years. Ransomware, as a type of malware to extort ransom payments from victims, has evolved to deliver payloads in different attack vectors and on multiple platforms, and creating repeated disruptions and financial loss to many victims. Many studies have performed ransomware analysis and/or presented detection, defense, or prevention techniques for ransomware. However, because the ransomware landscape has evolved aggressively, many of those studies have become less relevant or even outdated. Previous surveys on anti-ransomware studies have compared the methods and results of the studies they surveyed, but none of those surveys has attempted to critique on the internal or external validity of those studies. In this survey, we first examined the up-to-date concept of ransomware, and listed the inadequacies in current ransomware research. We then proposed a set of unified metrics to evaluate published studies on ransomware mitigation, and applied the metrics to 118 such studies to comprehensively compare and contrast their pros and cons, with the attempt to evaluate their relative strengths and weaknesses. Finally, we forecast the future trends of ransomware evolution, and propose future research directions.
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Andersen, Megan. "21st Century Cures Act: The Problem with Preemption in Light of Deregulation." University of Michigan Journal of Law Reform, no. 52.3 (2019): 801. http://dx.doi.org/10.36646/mjlr.52.3.century.
Повний текст джерелаАнотація:
The 21st Century Cures Act introduced innovative changes to the Food and Drug Administration’s regulatory processes. In an effort to address the slow, costly, and burdensome approval process for high-risk devices, the Cures Act modernized clinical trial data by allowing reviewers to determine whether devices merit expedited review and to consider post-market surveillance data in the premarket approval process. These changes will get life-saving devices to the people who need them faster than ever before. But the tradeoff is a greater risk of injury to the patient. The 2008 Supreme Court decision Riegel v. Medtronic, Inc., held that any device receiving premarket approval is federally preempted from state tort claims. This means injured patients of medical device malfunctions are barred from seeking remedy against the manufacturers. Thus, the Cures Act potentially puts patients at greater risk but does nothing to provide those patients remedies for injury. This Note argues that federal preemption for medical devices receiving premarket approval should be reconsidered. Because the regulatory framework for which Riegel was decided has now shifted, the Court should reevaluate its prior ruling. Additionally, Congress should amend the preemption clause in the Food, Drug, and Cosmetic Act to allow for state tort action. Finally, Congress should create a victim compensation fund, run by HHS, to allow victims to make no-fault injury claims and receive payments for their suffering.
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Evseev, Aleksandr. "Transitional justice in Colombia: unrealized potential." Meždunarodnoe pravosudie 10, no. 4 (2020): 77–99. http://dx.doi.org/10.21128/2226-2059-2020-4-77-99.
Повний текст джерелаАнотація:
The article analyzes the theoretical and practical problems that arise during the construction of the Colombian model of transitional justice. The latter is viewed as a combination of judicial and quasi-judicial means, with the help of which it becomes possible to achieve a peaceful settlement after the end of the civil war of 1964–2016. Particular attention is paid to the socio-political context and mass sentiments prevailing in Colombian society regarding the legitimacy of transferring the Anglo-American construction of Transitional Justice to Latin America. The so-called “Integrated System of Truth, Justice, Reparation and Non-Repetition”, which is a consolidated version of the four main elements of transitional justice: criminal prosecution, truth seeking, reparations to the innocent victims and “deal with the past”, is being studied in detail. In particular, the author dwells on the issue of amnesties for participants in an armed conflict, the activities of the “truth commission” and compensation payments to victims of mass violence. In addition, the article examines the activities of the Colombian Special Jurisdiction for Peace, the relevant statistical data are provided. The “Santrich case” is mentioned as a marker of negative trends that continue to grow in the activities of a new jurisdiction. The conclusion is that the legal means of resolving the conflict are secondary, albeit of absolute importance, in comparison with political agreements, to which all participants of the process of national reconciliation sometimes are not ready organizationally and psychologically.
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Bonds, Eric. "Callous Cruelty and Counterinsurgency: Civilian Victimization and Compensation in U.S.-Occupied Iraq." Social Currents 6, no. 4 (April 11, 2019): 361–76. http://dx.doi.org/10.1177/2329496519842055.
Повний текст джерелаАнотація:
Randall Collins coined the term callous cruelty to refer to the bureaucratic development and application of violence, which frequently results in widespread civilian impacts even when unintended. The U.S. military itself identified such outcomes as a major obstacle to success in counterinsurgency warfare during its occupation of Iraq, and consequently sought to more carefully target insurgents in ways that avoid or minimize civilian harm by further rationalizing its violence. When violence resulted in harm regardless, U.S. officials in Iraq sought to ameliorate it by providing monetary payments to war victims. This article presents an analysis of U.S. Army documents from this compensation program. The files studied here depict the routine nature of civilian harm in Iraq even under the counterinsurgency approach. The files further reveal the most common ways by which U.S. military action killed civilians. Finally, the documents show that the compensation program was administered in a way that frequently re-inscribed, rather than diminished, the callous cruelty of counterinsurgency war.
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Sumarni, Teti, and Prima Vandayani. "Utilization of E-WoM strategy and WhatsApp group texting in building trust and shopper intention to conventional business sectors during the coronavirus pandemic." Linguistics and Culture Review 6 (January 30, 2022): 731–45. http://dx.doi.org/10.21744/lingcure.v6ns1.2149.
Повний текст джерелаАнотація:
Indonesia is a country with the largest female population in Asia, 51% of whom are housewives. The consumer behavior of housewives in Indonesia is mostly like shopping at traditional markets, unfortunately, since the COVID-19 outbreak, they cannot shop as often as possible to the market for reasons. safety and temporary closure of markets to reduce crowd levels in traditional markets, as a result of which traders and consumers cannot interact and transact. There are social media activists in Bandung city who try to both traders and consumers of traditional markets by utilizing chat group Apps such as Whatsapp group for promoting and trading traditional market. Opinion leaders are used as positive spreaders of traditional market products, this business is free for traders, payments are made directly to merchants via bank transfers and use of delivery services by couriers who are victims of COVID-19 dismissal, sales traffic is quite high but no one has tested the impact increase in consumer behavior and product trust.
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Muhammad Shairoze Malik, Muhammad Shairoze Malik. "Ransomware Detection and Defense." International Journal for Electronic Crime Investigation 3, no. 2 (June 7, 2019): 8. http://dx.doi.org/10.54692/ijeci.2019.030235.
Повний текст джерелаАнотація:
Like other criminals in world, cyber-criminals are using different illegal and unethical ways to gain their mischievous purposes. Malware known as Ransomware is a new threat to world used by cyber hackers to blackmail individuals and organizations and has been identified as a major threat to network and computer security across the world [1]. Ransomware lock victim’s computer by encrypting user files and demands payment often in crypto currency i.e. Bitcoins to give access to files. Research showed that 19,750 victims paid over $16 million as ransom payment in two years [2]. Due to increasing amount of ransomware attacks, different software and hardware level techniques are proposed to detect and mitigate ransomware attacks and to recover user files without ransom payment. Pay Break is a proactive defense mechanism on software level against ransomware that allow victim to recover files without any ransom payment. Furthermore, ransomware variants could get kernel privilege, that let them to shutdown software-based system defense. Considering this, first hardware level defense system is proposed named Flash Guard which is resistant against ransomware that use kernel vulnerabilities.
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Sapkota, Bishnu. "Human Trafficking Trends." Research Nepal Journal of Development Studies 2, no. 1 (August 18, 2019): 126–36. http://dx.doi.org/10.3126/rnjds.v2i1.25276.
Повний текст джерелаАнотація:
A person in trafficking shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. The main objective of this study is to analyze the emerging global trend of human trafficking. Variables from existing theories were drawn to formulate a comprehensive view of the process followed during the commitment. Factors from terrain characteristics to border patrols help to determine trafficking routes by either facilitating or impeding the rapid clandestine movement of people. Additionally, political, social and economic factors within a society or region can either ‘push’ or ‘pull’ victims into a situation of trafficking. The basic argument is that, since human trafficking involves a high contingent of role players from a variety of backgrounds, a single explanation for its cause cannot exist in the globe.
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van der Vet, Freek. "Transitional Justice in Chechnya: NGO Political Advocacy for Implementing Chechen Judgments of the European Court of Human Rights." Review of Central and East European Law 38, no. 3-4 (2013): 363–88. http://dx.doi.org/10.1163/15730352-00000008.
Повний текст джерелаАнотація:
This article asserts that Russian nongovernmental organizations (NGOs) contribute to processes of transitional justice in Chechnya through their litigation in front at the European Court of Human Rights (ECtHR). Having delivered more than 200 judgments on atrocities which occurred during the two recent conflicts in Chechnya, the ECtHR has repeatedly ruled that the state should pay financial compensation to the victims. While the Russian Federation has been following through on such payments, human-rights monitors allege that domestic authorities have failed to take active measures to address the atrocities themselves.Through a qualitative interview study with Russian lawyers and NGO representatives, this article seeks to scrutinize how NGOs have been using the ECtHR’s mechanisms and judgments by way of leverage to initiate processes of transitional justice in post-conflict Chechnya. It appears that the ECtHR is not an end-station for human-rights claims and individual grievances but, rather, the start of a series of further claims. NGOs: (a) engage in political advocacy in implementing the judgments; and (b) create leverage for the criminal prosecution of perpetrators.
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Aprilianda, Nurini, and Ryan Ilham Fibriansyah. "Implications of Legal Loophole concerning Liability over Delay in Restitution Payment by Criminal Offender." Jurnal Media Hukum 28, no. 1 (July 1, 2021): 47–56. http://dx.doi.org/10.18196/jmh.v28i1.10411.
Повний текст джерелаАнотація:
Crime is harmful to society, especially to the victims. Legal protection should be taken into account to help the victims recover from the loss suffered. The protection can be made through the payment of restitution by either the offender or the third party. Such an issue has been addressed in the existing law, especially the Witness and Victim Protection Act 2014 (Amendment) and the Government Regulation No. 7 of 2018 concerning Compensation, Restitution, and Aid for Witness and Victim. Unfortunately, they do not impose any sanction over the delay in restitution payment by the third party or the offender. This paper aims at discussing the implication of this legal loophole. This normative legal research employs a statutory approach. It is found that the legal loophole has exposed the victims to secondary victimization due to uncertainty and injustice.
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Octaviani, Ricka, Reza Shintia Eka, and Dwi Alfin K. "GERAKAN SOSIAL KORBAN LUSI (LUMPUR SIDOARJO)." JKMP (Jurnal Kebijakan dan Manajemen Publik) 3, no. 2 (September 1, 2015): 229. http://dx.doi.org/10.21070/jkmp.v3i2.194.
Повний текст джерелаАнотація:
This study aimed to describe the forms of social movements Sidoarjo mud victim (LUSI) and to describe the factors supporting and inhibiting of the formation of social movements Sidoarjo mud victim (LUSI). The method in this research used descriptive qualitative research. Based on the research, showed that social movements Sidoarjo mud victim was a movement that is arising from a sense of common destiny that wants to fight for compensation due Lapindo mud disaster. Some forms of social movements such as KLM (mud victims sue), GKLL (movement Lapindo mud victims), PPKL (community care of mud victims) and social movements is initiated by the leader of the neighborhood. Some of the supporting factors to form of social movements victims included tighten the relationship of victims; movement to reach agreement on compensation; as supervisor of payment of compensation; as well as a movement justice for the victims. While the factors inhibiting included Sidoarjo Mud Management Agency hard to be found; the leadership of the government was not facilitating the communication between the victim and the Sidoarjo Mud Management Agency; demonstrations or meeting with leaders so difficult; as well as different perception among NGO's with the social movements.
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Kirilenko, Fedir, and Andriy Zagorulko. "Child support alimony evasion in 1960-2018." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2020): 126–30. http://dx.doi.org/10.31733/2078-3566-2020-3-126-130.
Повний текст джерелаАнотація:
The article is devoted to the analysis of statistics related to the avoidance of child support alimony established by a court order. The object, the objective side, the subject and the circle of the victims of these crimes are analyzed. The main range of issues is focused on the dynamics of registered crimes, both by region and Ukraine as a whole, and provides a general description of them. The study is based on official statistics of the Ministry of Internal Affairs of Ukraine 1960-2018. Materials are supplemented by primary statistics. The purpose and purpose of this article is to conduct a historical and legal analysis of the origin and development of alimony obligations in the years 1960-2001, to identify the most effective and progressive period for the development of criminal legislation to counterfeit alimony. The overall crime rate can be traced to the tables provided in the article. Statistics on the evasion of alimony in the Soviet period and the period of independence of Ukraine show that the number of facts of evasion of alimony in these two periods is almost the same, and that the number of identified persons who evaded alimony in the period of independence of Ukraine is more than almost 1,5 times. Of the crimes solved, the largest number of alimony payments were committed in both periods by persons who had previously been criminally responsible for this type of crime. At the same time, both in Soviet and in the period of Ukraine's independence, the largest number of alimony payments was registered in Donetsk, Dnipropetrovsk, Luhansk, Odesa and Kharkiv regions. The relevance and scientific novelty of the study. Elements of the scientific novelty of the article are the information base of the research, as the work is based on the results of the study of the reporting data of the Ministry of Internal Affairs of Ukraine for 1960-2018. The materials can be useful in the research field, in the educational process, etc.
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Pudovochkin, Yury. "Socio-Criminological Characteristics of Exemption from Criminal Liability." Russian Journal of Criminology 14, no. 4 (August 31, 2020): 581–92. http://dx.doi.org/10.17150/2500-4255.2020.14(4).581-592.
Повний текст джерелаАнотація:
The article analyzes statistical and other social information on the specifics of using exemptions from criminal liability in court practice, which is underrepresented in modern criminological publications. It is stated that the growth in the total number of people exempt from liability, which was caused by the reform of 2003, now stopped at the level of 180-200 thousand people per year, which is 18-22 % of people for whom judgments on the merits of the charges have been issued. In this connection, it is proven that the potential for the humanization of criminal law through the use of this institute is fully used, while all legislative decisions connected with its improvement only lead to the changes in the general body of individuals exempt from liability; as a result, prominence is given to grounds for exemption connected with the compensation of damage inflicted on the victim and extra payments for the benefit of the state. The share of persons who reconciled with the victims and agreed to pay a court fine comprises over 80 % of the total number of persons exempt from liability. This research also addresses the issue of the correlation between the grounds for exemption from liability and the type of the committed crime, its criminological features and the degree of public danger. Based on this information, three criminological models of exemption from criminal liability have been worked out, they clearly correspond to the prescriptions of Art. 74, 76 and 76.2 of the CC of the RF. The sustainable socio-criminological basis of exemption from liability makes it possible to determine the social background for the existence and future development of this institute. Having analyzed the existing research approaches to the social basis for exemption, the author concludes that this basis consists in the adequate restoration of the interests of the person, the society, and the state violated by the crime through independent and intensive actions of the person who committed this crime and, as a result, the use of criminal liability measures becomes excessive.
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Munawarsyah, Munawarsyah, Januddin Januddin, and Muhammad Jafar. "Juridical Analysis of the Amount of Diyat Toward Armed Conflict Victims in Aceh." Budapest International Research and Critics Institute (BIRCI-Journal) : Humanities and Social Sciences 1, no. 4 (December 22, 2018): 104–13. http://dx.doi.org/10.33258/birci.v1i4.99.
Повний текст джерелаАнотація:
Islamic criminal law recognizes a kind of punishment called as diyat (compensation) for victims of murder and torture which has been apologized by the victim or family of victim. Diyat is amount of money or properties that should be paid by the perpetrator due to the death or damage of victim body. The legal basis for the determination of diyat can be found in Koran, chapter Al-Baqarah verse 178. Apart from that, there is Hadist of Muhammad Prophet written by Abu Dawud (peace be upon him), explaining the amount of diyat based on crime category whether murder or torture.Aceh Governance has implemented this kind of punishment as a solution on criminal offences in realizing and fulfilling justice for armed conflict victims since 2002. In providing the policy of such payment for the victims in Aceh is based on the assumption that they are under the responsibility of state, therefore the government has determined the compensation on them. The amount of the compensation provided for the victims is not equal to the amount ruled by Islamic criminal law. Therefore, it is interesting to explore regarding the concept becoming the basic for determining it by Aceh Government, and compared it to the amount ruled by the law.The research reveals that the sum of money for the compensation of what called diyat based on Islamic criminal law is the standard concept but it can be replaced by sum of money or properties that have equal price. The basic rules for this punishment in Islamic criminal law can be found in Al-Baqarah verse 178 of Koran. Moreover, regarding the sum of payment that should be provided can be found in Hadith of Prophet of Muhammad Peace be upon him which is told by Imam Abu Daud, mercy Allah for him. Practically, in Islamic criminal law the court, responsible persons and a due date for the payment must decide it. The rule consisting in the Islamic law is really different from the implementation of compensation done by Aceh Government towards the victims in Aceh. It is recommended that the Aceh Government should realize the rules of the sum of compensation that should be received by the victims or the families based on the determination of the Court as a legal basis. In addition, the Central government as the main responsible party in repairing the condition of the society after the conflict should become the priority and absolute. The law enforcement in fulfilling the rights in Aceh should be done by involving some parties especially priest. Hence the society of the victims in Aceh obtains justice and legal certainty to get their rights.
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Bhattarai, Madhur Dev. "Nine Recommendations for the Safety on Road both of the People and the Traffic Police." Nepal Medical Journal 1, no. 01 (August 21, 2018): 79–85. http://dx.doi.org/10.37080/nmj.17.
Повний текст джерелаАнотація:
Safety of people and traffic police on road and the provision of prompt and appropriate treatment of injured persons in road accident are urgent concerns. The nine recommendations accordingly made are 1) Considering anyone who informs about or brings to the hospitals the accident victims as innocent until proved otherwise, 2) Annual payment by all vehicle owners (as per the cost of vehicles) to generate treatment fund for any road accident injured patients in the free general (not paying or private or extended health service) outdoor or emergency clinics or ward of the public hospitals irrespective of anyone’ fault in the accident (insurance or other agencies may be assigned to handle the amount deposited and reimbursement of the payments to the hospitals), 3) Implementation of helmet wearing by motorcycle riders and pillion riders in motorcycles, 4) Stricter fine for hazardous traffic offenses, 5) Drivers of the larger vehicles should not automatically be held responsible for any accidents involving other smaller vehicles (to prevent smaller vehicles and motorcycles to drive recklessly), 6) Drivers should not be just held responsible to bear health expenses of injured patients (which is much more than the compensation required in the event of death of injured persons); this is to encourage drivers to take injured persons immediately to hospitals and prevent inclination to allow their deaths indirectly or directly; the drivers should be proportionately fined or punished as per the traffic regulations if they are found to be negligent, 7) Safe and visible platform for the traffic police to stay on the road, 8) Provision of cost-effective respirators for traffic police and traffic supervisors, and 9) Compensation for occupational hazards to the traffic police and field traffic supervisors by distributing to them adequate proportion (e.g. one-third to one-half) of the fund collected by stricter fine paid for the hazardous traffic offences. Provision of various allowances, including for hazards, and benefits is a common practice in the country. Compensation for the occupational hazards of the traffic police provides incentives to and motivates them to remain vigilant about hazardous traffic offenses day and night everywhere and, thus, is essential for the safety of the people.
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Maśniak, Dorota. "KSZTAŁTOWANIE SIĘ TRANSGRANICZNEGO SYSTEMU OCHRONY OFIAR WYPADKÓW DROGOWYCH." Zeszyty Prawnicze 4, no. 2 (June 9, 2017): 109. http://dx.doi.org/10.21697/zp.2004.4.2.06.
Повний текст джерелаАнотація:
Formation of Transboundary System of the Victims’ of Motor Vehicle Accidents ProtectionSummaryThe regulations applying to m otor liability insurance have a considerable significance in the European law. The system of „green cards” was introduced to facilitate the fulfilment of claims in accidents caused by a motorist in a M em ber State other than that in which the vehicle is registered. This system ensures the payment of compensation to victims of accidents caused by visiting vehicles through a private-sector network of Green Card Bureaux set up by the insurers and established in all the M em ber States. Nevertheless, a significant gap has still remained: the original aim was to eliminate border controls on insurance, however the „green card” system covered only victims who were injured in their home country. it did not apply to the fulfilment of claims when the accident took place outside the victim’s residing country (so-called ‘visiting victims’). This gap was filled by the Fourth M otor Directive, which, amongst other things, provides for an efficient mechanism for recovering a damage caused by such accidents.Such mechanism has two objectives: to ensure that „visiting victims” are quickly compensated, and to set up an efficient system o f compensation that keeps legal costs at a m inim um . it is now proposed to extend this settlement mechanism to all accidents, regardless o f the victim’s residence. The Commission adopted a Proposal for a Fifth Motor Insurance Directive to improve the protection of victims.
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Purwaningsih, Etik. "LEGAL PROTECTION ON CHILDREN AS A VICTIMS OF SEXUAL VIOLENCE BASED ON PROGRESSIVE LAW." International Journal of Law Reconstruction 1, no. 1 (August 21, 2017): 1. http://dx.doi.org/10.26532/ijlr.v1i1.1640.
Повний текст джерелаАнотація:
Sexual violence happened to children are often occurred, after the emergence of sexual cases in Jakarta International School (JIS). It began to arise attention to child victims of sexual violence. This paper aims to provide a review of the protection on child victims of sexual violence at this time. With the sociological juridical method, the primary data were obtained from direct interviews with law enforcement officers, while secondary data were obtained from literature references. The result shows that the legal protection does not pay attention on children as victim. The legal protection for children as victim sexual violence is expected to give punishment to the criminals in the form of payment of compensation to the victim whose amount is determined in the court, or fulfillment of the obligation of the Local custom or legal obligations that live in society or social and mental rehabilitation. If the convicted person tries to avoid giving the compensation, the convicted person is not entitled to a reduction in the criminal term and does not get conditional released.
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Muhtaseb, Majed R. "Hedge fund manager fraud through PIPEs." Journal of Financial Crime 25, no. 3 (July 2, 2018): 636–45. http://dx.doi.org/10.1108/jfc-04-2017-0032.
Повний текст джерелаАнотація:
Purpose The purpose of this paper is to draw lessons to investors from the conduct of a hedge fund manager who according to the Securities and Exchange Commission (SEC) complaint made false and misleading statements before and after an auditor’s reports, misappropriated for personal benefit over $1m, misappropriated clients’ assets, failed to conduct due diligence on third-party buyer, instructed an employee to mislead investors and satisfied some investors’ redemptions with other investors’ subscriptions (Ponzi scheme) without disclosing it to investors. Ironically, the scheme was unveiled by the economic crises and not the investors, their advisers or third-party hedge fund vendors. Corey Ribotsky set up the investment adviser NIR Group to manage four AJW Funds that invested in private equity in public companies in 1999. Through manipulation of financial statements, he also managed to collect about $136m in management and incentive fees over an eight-year period. The SEC complaint alleged the AJW Funds’ assets to be $876m in 2007, yet this figure was not verified, and no assets were traced. Ribotsky did not pay any monies to SEC, as ordered by court settlement, and hence the victims did not recover any of their monies. The SEC could not produce criminal charges; hence, Ribotsky did not go to jail. This case highlights sterility of law enforcement when confronted with brazen fraud. Findings Investors fail to monitor hedge fund managers. Fraud was detected late and not through investors. Fraud was unraveled by the economic crises of 2008. The SEC had sued the fund manager. The fund manager consented to making payment to the SEC but did not make any payments. The SEC could not bring evidence to criminally charge the fund manager. Research limitations/implications The findings based on the case study are valuable to investors and hedge fund industry stakeholders. The findings are not based on an empirical study. Practical implications Investors need to carefully vet all hedge fund managers before allocating and funds and understand how managers make money through the claimed strategy. Also, there are limitations to law enforcement even with confronted with profound fraud schemes. Originality/value The case was built up from public sources to benefit investors considering making allocations to hedge fund managers. The public information about the case is of either legalistic or journalistic in nature.
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Egorova, M. A., А. Duflot, and Yu G. Shpakovskii. "Modern Problems of Legal Regulation to Mitigate Threats to the Population and Business Consequences of the COVID-19 Coronavirus Pandemic." Jurist 11 (October 8, 2020): 69–74. http://dx.doi.org/10.18572/1812-3929-2020-11-69-74.
Повний текст джерелаАнотація:
The problem of studying the problems of improving legal mechanisms for protecting public health and supporting business in the context of the COVID-19 coronavirus pandemic is very relevant. The pandemic has raised questions for several governments not only about the effectiveness of the health system, but also about the performance of the entire public administration system. Some aspects of possible legislation reform in the field of public protection and business support in emergency situations caused by the spread of dangerous infectious diseases are investigated. The article summarizes and analyzes the main provisions of the documents regulating the introduction of restrictive measures for the population during the coronavirus pandemic. It is shown that in the conditions of a pandemic, the population and small and medium-sized businesses could expect to be compensated for part of the damage on the basis of the decree of the Government of the Russian Federation No. 1928 of December 28, 2019 on the rules of transfer in emergency situations. The authors believe that in reality, when an emergency situation was introduced in Russia, the victims could be automatically provided with minimal payments and transfers. The authors of the article showed that the pandemic has increased society's dependence on digital technologies. The authors reviewed the experience of France, where the government has taken several large-scale and immediate support measures to help overcome the difficulties for small and medium-sized businesses that are most affected by the pandemic. The article is aimed at developing legal mechanisms to mitigate the threat to the population and business consequences of possible global disasters.
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Borowicka, Monika. "OCHRONA INTERESU POKRZYWDZONEGO W POLSKIM PRAWIE KARNYM." Zeszyty Prawnicze 3, no. 1 (March 29, 2017): 187. http://dx.doi.org/10.21697/zp.2003.3.1.08.
Повний текст джерелаАнотація:
PROTECTION OF VICTIM’S RIGHTS IN THE POLISH PENAL LAWSummary The World Victimology Society was formed in 1979. That event greatly influenced the development of a study o f a victim and also initiated the movement for the wronged. Victim surveys conducted on the basis of self reporting enabled to define the concepts o f primary and secondary victimization. The surveys confirmed the fact that the implementation of an injured party protection is still inadequate.That subject matter was taken up by the VI Congress of the United Nations in 1985. The U N proclaimed the Declaration of Basic Laws for Victims of Crime and Abuse o f Authorities. In the part devoted to victims of crimes it lists four fundamental rights:a) a right of access to an administration of justice;b) a right to restoration;c) a right to compensation;d) a right to aid.The document also indicates the possibility to use mediation, arbitration, or conciliation and also the Polish legislator perceives the new trends o f punishment policy expressed in progressive regulations. As distinct from the hitherto role o f an injured party as a witness in his own case these regulations aim at securing an effective influence of an injured party on the course o f proceedings and a possibility to satisfy his claim.Currently, one o f the aims o f the Penal Code is an obligation to compensate for damages and to redress an injury sustained by an injured party. It is on the list of means of punishment together with a sanction imposing a payment to an injured or to the public purse and a pecuniary performance (article 39, point 5 of the Penal Code). It may not only complement a punishment, but also be its alternative.An obligation o f a perpetrator of an offence to redress an inflicted damage should also serve the appeasement of conflicts resulting from an unlawful conduct. It also allows a release on probation and an extraordinary mitigation of penalty. Therefore it serves a number of penal functions: o f compensation, resocialization, and education.
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Belova, N. E., L. G. Vorona-Slivinskaya, and E. V. Voskresenskaya. "The Current State and Development Prospects of Self-Regulation in the Russian Construction Industry." Economics and Management, no. 7 (September 15, 2019): 49–55. http://dx.doi.org/10.35854/1998-1627-2019-7-49-55.
Повний текст джерелаАнотація:
The presented study aims to examine the current state and development prospects of self-regulation in the Russian construction industry.Aim. The study aims to conduct a comprehensive analysis of the current state and development prospects of self-regulation as an institution of public administration, identify the problems of self-regulation in the construction industry, and formulate proposals on solving the identified problems.Tasks. The authors complete the following tasks to achieve the set aim: examine the regulatory framework of the activities of self-regulatory organizations in the construction industry — construction, design, and engineering surveying; analyze the current state and positive trends of self-regulation in the field of construction; identify problems in the activities of self-regulatory organizations in the construction industry — construction, design, and engineering surveying — and development prospects of the examined alternative to government regulation.Methods. The methodological basis of the study comprises the fundamental provisions of the modern economic theory, theories of public and municipal administration and legal sciences. The information base includes regulatory and legal acts of the Russian Federation on self-regulation in the construction industry, data from the State Register of Self-Regulatory Organizations, and statistics in the field of construction.Results. At the current stage of development of self-regulation in the construction industry, the most efficient mechanism for this institution involves guaranteed compensation for damage caused due to shortcomings in the works and services during construction, renovation, capital repairs of construction objects, engineering surveying, design. The victims should be compensated not out of insurance payments under civil insurance contracts, but rather out of the compensation funds of self-regulatory organizations.Conclusion. This study makes it possible to assess the institution of self-regulation in the construction industry — construction, design, and engineering surveying — as an efficient institution for proper protection of the interests of consumers of construction works and services and those of the government.
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Holder, Robyn L., and Kathleen Daly. "Recognition, reconnection, and renewal." International Review of Victimology 24, no. 1 (November 15, 2017): 25–46. http://dx.doi.org/10.1177/0269758017739372.
Повний текст джерелаАнотація:
Money as recompense for crime is variously described as making victims whole, restoring them to their pre-victimisation status, recognising the harm done, and facilitating closure and healing. This article explores the meaning of money to survivors of sexual victimisation and its place in their lives. Drawing on interviews with 20 female and male victims who applied for financial assistance to a state-administered scheme in Australia, we examine their motivations for applying, their reflections on the money received, and how they spent it. Claimants can receive two types of money in the overall financial assistance award: one for eligible expenses (or ‘economic loss’) and another, the ‘special assistance’ payment (for ‘non-economic loss’ or what is termed ‘pain and suffering’), the latter of which they can spend in any way they wish. Most survivors applied for financial assistance because they required financial help, but upon receiving the ‘special assistance’ payment, half said it meant acknowledgement by others. They spent this money on practical things, alone or in combination with items related to self-renewal and savings. In jurisdictions having a payment for ‘pain and suffering’, we argue that its meaning is better conveyed to survivors as symbolic recognition of the wrong rather than a token recognition of the harm or injuries. If the aim of a scheme is victim recovery, emphasis should be placed on activities that enable survivors to reconnect with others and rebuild the self.
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Navathe, Amol S., Connor W. Boyle, and Ezekiel J. Emanuel. "Alternative Payment Models—Victims of Their Own Success?" JAMA 324, no. 3 (July 21, 2020): 237. http://dx.doi.org/10.1001/jama.2020.4133.
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Ruback, Barry R., Alison C. Cares, and Stacy N. Hoskins. "Crime Victims’ Perceptions of Restitution: The Importance of Payment and Understanding." Violence and Victims 23, no. 6 (December 2008): 697–710. http://dx.doi.org/10.1891/0886-6708.23.6.697.
Повний текст джерелаАнотація:
The Office for Victims of Crime recommends that victims should be informed, consulted, respected, and made whole, rights that relate to informational, procedural, interpersonal, and distributive justice. We surveyed 238 victims in two Pennsylvania counties to test whether crime victims’ satisfaction with the criminal justice system was related to their perceptions of the fairness of the process and of their outcomes in their case, particularly with regard to restitution. Results indicated that payment of restitution, perception of fair process, and good interpersonal treatment were positively related to victims’ willingness to report crimes in the future but that satisfaction with information about the process was not. Victims’ understanding of the restitution process was a significant predictor of willingness to report in a multivariate analysis.
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Sugianto, Fajar, Sanggup Leonard Agustian, and Nisa Permata Basti. "EKSISTENSI PRINSIP PENCEMAR MEMBAYAR DALAM SISTEM PENEGAKAN HUKUM AGRARIA." TANJUNGPURA LAW JOURNAL 4, no. 1 (August 6, 2020): 1. http://dx.doi.org/10.26418/tlj.v4i1.41790.
Повний текст джерелаАнотація:
Law Number 32 of 2009 concern about Environmental Protection and Management does not provide adequate regulation in providing sanctions against perpetrators of pollution, except only providing a legal basis for employers to provide compensation payments to victims of pollution. Therefore it is necessary to know about the position of the Polluter Pays Principle in the Environmental Legal System as Agrarian Reform. The principle of paying polluters who have the function of authorizing should not be formulated in the explanatory section of the article. If following the explanation of Law No. 23 of 1997 concerning Environmental Management, the purpose of the principle of polluter pays, even has many meanings such as paying to pollute or can be interpreted as a license to pollute. As a result of the study of international law, the principle of polluter pays has two meanings, namely as an economic instrument with the intention of charging fees to potential polluters and is also interpreted as a basic instrument to hold legal liability for incidents of environmental pollution.Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup tidak memberikan pengaturan memadai dalam memberikan sanksi terhadap pelaku pencemaran, kecuali hanya memberikan landasan hukum bagi pengusaha untuk memberikan pembayaran kompensasi kepada korban pencemaran. Oleh karena itu perlu mengetahui mengenai kedudukan Prinsip Pencemar Membayar (Polluter Pays Principle) dalam Sistem Hukum Lingkungan Sebagai Reformasi Agraria. Prinsip Pencemar Membayar yang memiliki fungsi mengesahkan seharusnya tidak dirumuskan dalam bagian penjelasan pasal. Jika mengikuti penjelasan Undang-undang No. 23 Tahun 1997 tentang Pengelolaan Lingkungan Hidup, maka maksud Prinsip Pencemar Membayar, bahkan memiliki banyak pemaknaan seperti membayar untuk mencemari (paying to pollute) atau dapat dimaknai sebagai license to pollute. Hasil telaah hukum internasional, prinsip pencemar membayar memiliki dua pemaknaan, yaitu sebagai instrumen ekonomi dengan maksud pembebanan biaya kepada pelaku pencemar yang potensial dan diartikan juga sebagai instrument dasar untuk menuntut pertanggungjawaban hukum atas terjadinya kasus pencemaran lingkungan.
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SVIRIDOVSKA, Anastasiia. "Standardization of implementation of the mandatory privately managed pillar of the pension system of Ukraine." Naukovi pratsi NDFI 2021, no. 2 (November 15, 2021): 114–30. http://dx.doi.org/10.33763/npndfi2021.02.114.
Повний текст джерелаАнотація:
According to the current legislation, the modern Ukrainian pension system is not yet fully formed. In Ukraine, PFC contributions currently form a source of pension benefits for citizens. The solidarity pension system is crumbling . That is, as in the rest of the world, the nation is aging, the share of retirees is growing, and there is less able-bodied population. The search for new ways to save for old age is in the direction of creating a mandatory accumulation under the supervision of the state. Thus, today, a second level of the pension system, mandatory accumulative component, and a rather underdeveloped and unpopular non-state pension system, which forms the third level of the national pension system, do not function. However, in 2020, the work on the concept and bill on the mandatory savings system was intensified. Its introduction is seen as a tool that can increase both the level of pensions and their differentiation. But the world experience of such reforms shows that the real effect on payments from the savings system will have to wait at least 15-20 or even 25 years. The article examines the issue of introducing a funded pension level at the legislative level. According to the results of an expanded analysis of 19 draft laws on reforming the current pension legislation and proposals for new laws on these issues in the period from 2018 to 2021, we can conclude that there is no single concept of amending legislation, so most bills are either withdrawn or sent for further refinement. Currently, various aspects of the pension system of Ukraine are regulated by a large number of legislative acts, so there are signs of dispersion in these draft legislative changes. Most of the bills are developed to enhance the welfare of certain categories of citizens, including servicemen, single mothers, victims of the Chernobyl accident, war veterans and more. The issues of the accumulative pension system are mainly raised in the bills of 2020–2021.
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Zubets, А. N., and А. V. Novikov. "QUANTITATIVE ASSESSMENT OF THE VALUE OF HUMAN LIFE IN RUSSIA AND IN THE WORLD." Finance: Theory and Practice 22, no. 4 (October 3, 2018): 52–75. http://dx.doi.org/10.26794/2587-5671-2018-22-4-52-75.
Повний текст джерелаАнотація:
The authors of the article present modern approaches to the assessment of the value of human life abroad and in contemporary Russia, which can be used to determine the fair amount of compensation payments to victims in emergency situations of various natures. To this end, a wide range of initial data was used: the results of Russian and international sociological surveys, statistics of Rosstat, the World Bank, and other international databases. The analysis of the legislation carried out by the authors showed that the value of human life in Russia fixed in the normative acts is from 0.5 to 9.2 million roubles. The authors obtained estimates of material losses for the national economy due to the premature death of the average person as a result of emergency situations and for the individual household — they amount to 31.7 and 7.9–10.5 million roubles respectively (in 2017 prices). The authors also provided estimates of the value of the life of the average person in Russia, obtained on the basis of sociological surveys conducted in 2017. The average value of human life in Russia, obtained by methods of sociology, is 5.2 million roubles; the median value is 1.4 million roubles. The article presents the author’s method of assessing the value of human life, taking into account the material and moral damage caused to the family of the deceased, built on the balance of average life expectancy, per capita final consumption, and satisfaction of the population of different countries with their lives. As an equivalent of people’s satisfaction with their lives, the authors also used data on the level of domestic violence in society and the balance of migration flows, both at the national and regional levels. Within the framework of this method, the value of the life of the average person is the average increase in the level of individual consumption, necessary to restore a normal level of satisfaction with their lives in conditions of increased mortality and reduction of the average life expectancy. The article presents also the author’s calculations performed by this method for different groups of countries. It is shown that the total value of human life in the world as a whole is 4.6–4.7 million uS dollars in 2011 prices. In the group of countries with per capita consumption of more than 10 thousand uS dollars the value of human life reaches 18.5 million dollars per year. In the group of countries with incomes below this mark, the value of human life reaches 0.5–1.9 million dollars. According to the authors, in Russia, the “value” of human life should be 51–61 million roubles in the prices of 2017 (about 1 million uS dollars depending on the official exchange rate). The results of the study of the quantitative assessment of the value of human life in Russia are correlated with the conclusions about the social need for just compensation of the damage suffered by the families of the victims of natural, man-made and other emergencies.
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Muhtaseb, Majed R. "Fraud against hedge funds: implications to operational risk and due diligence." Journal of Financial Crime 27, no. 1 (January 24, 2020): 67–77. http://dx.doi.org/10.1108/jfc-03-2019-0032.
Повний текст джерелаАнотація:
Purpose The loss of an amount in excess of $100m cash deposit can be disruptive to the operations, definitely the liquidity of the hedge fund. Should a hedge fund liquidity position deteriorate, its compromised solvency could impact its vendors, most notably creditors and prime brokers. Large successful hedge funds do make basic mistakes. Lawyer Marc Dreier committed the criminal act of selling fraudulent promissory notes to hedge funds and others. Mr Drier’s success in selling fraudulent promissory notes was facilitated by his accomplices who posed as fake representatives of legitimate institutions. Drier and team presented bogus “audited financial statements” and forged developer’s signatures, and even went as far as using the unsuspecting institutions’ premises for meetings to meet potential notes buyers to further falsely legitimize the scheme. He had the notes buyers send their payments to his law firm account, to secure the money. His actions cost his victims, who include 13 hedge fund managers, other investors and entities, $400m in addition to his law firm’s employees who also suffered when his law firm was dissolved. For his actions, he was sentenced 20 years in federal prison for investment fraud. This study aims to direct hedge fund investors and other stakeholders to thoroughly vet the compliance function, especially controls on cash disbursements, even if the hedge fund is sizable (in excess of $1bn). Investors and even other stakeholders also should place a greater focus on what is usually overlooked issue; most notably the credit quality and authenticity of short-term investments bought by their hedge funds. Design/methodology/approach A thorough investigation of a fraud committed by a lawyer against a number of hedge funds. Several important lessons are identified to professionals who conduct due diligence on hedge funds. Findings The details of the case are very remarkable. This case directs investors’ attention to place greater efforts on certain aspects of operational risk and due diligence on not only hedge funds but also other investment managers. Normally investors conduct operational due diligence on the fund and its operations. Investors also vet fund external parties such as prime brokers, custodians, accountants and fund administrators. Yet, investors normally do not suspect the quality of short-term fund investments. In this case, the short-terms investments were the source of unforeseen yet substantial risk. Research limitations/implications Stakeholders in hedge funds need to carefully investigate the issuer of and the quality of short-term investments that a hedge fund invests in. Future research can investigate the association of hedge fund manager failure with a liquidity position of the fund. Practical implications Investors must thoroughly the entirety of the fund including short-term securities. Originality/value Normally, it is the hedge funds that commit the fraud against investors. In this case, it is the multi-billion hedge funds run by sophisticated fund managers, who are the victims.