Additional Liability Research Articles

Problematic Aspects of the Institute of Significant Transactions in Accordance with the Law of Ukraine 'On Limited Liability and Additional Liability Companies'

Problematic Aspects of the Institute of Significant Transactions in Accordance with the Law of Ukraine 'On Limited Liability and Additional Liability Companies'

FEATURES OF CREATION AND ACTIVITIES OF LEGAL ENTITIES UNDER THE CURRENT LEGISLATION OF UKRAINE

Objective: to analyze the national legislation regarding the specifics of creating a legal entity, to consider the problematic issues of registration and formation of a legal entity at the current stage in the context of adapting legislation for legal entities with international standards. Research methods: the use of the dialectical method of knowledge allowed us to concentrate the accumulated scientific knowledge and practice of applying legislation on the legal basis for creating a legal entity. Results: investigated the issue of registration of legal entities, the main problems of their operation. The conclusion was made: that the emergence of a legal entity must comply with the rules established by current legislation, and new legislative changes are in line with the trends to improve legislation in relation to legal entities. Discussion: legislation with respect to legal entities, changes, namely the adoption of a new Law of Ukraine «On Limited and Additional Liability Companies», which aims to harmonize the legislation governing the activities of LLC and ALC to European standards. The emergence of a legal entity is impossible without certain constituent documents, which may be: a regulatory act or a statute (a provision), or a founding agreement and statute, or minutes of meetings, etc. The constituent documents must indicate the name of the legal entity, its location, purpose and subject of activity, the composition and competence of its bodies, as well as other information provided by the legislation on legal entities of the appropriate type. Constituent documents may contain other details that are not in conflict with the law. Methods of legal influence on the formation and activities of legal entities coincide in many countries, and typical types of their organizational and legal forms, however, each country has specific features, due to historical, political and other circumstances. Regarding the statistics for the past year, and this year - the data on registration of the creation of legal entities significantly decreased. But this may change if the country's economy changes and appropriate economic reforms take place.

PPP Renegotiation Framework based on Equivalent NPV Constraint in the Case of BOT Project: Incheon Airport Highway, South Korea

The contractual type of Build-Operate-Transfer (BOT) is becoming a more common delivery method of Public-Private Partnerships (PPP) for infrastructure projects. However, their implementation is not seamless due to a number of factors including uncertainty in future demand, which discourages participation of private investors. In response, governments often provide Minimum Revenue Guarantee (MRG) which is a contractual clause that can be invoked if project revenue falls below the guarantee threshold. While MRG does not provide an upfront subsidy such as a grant, it exposes the governments to significant financial liability. In 2001, the South Korean government partnered with a consortium of private investors to deliver the Incheon Airport Highway using the BOT framework. The MRG clause was also an integral part of the BOT contract with the total net additional liability to the government exceeding $1.5 billion. This case study paper presents a renegotiation framework that is based on the equivalent NPV constraint condition. The implementation results show that the partners can find a set of alternative solutions that reduce government financial exposure while maintaining the private sector’s NPV.

Picking on the new kid: Firm newness and deception in buyer–supplier negotiations

This study builds on liabilities of newness theory and moral disengagement theory to investigate deceptive behavior in buyer–supplier negotiations that involve new ventures. Using two purchasing negotiation experiments, it contrasts how negotiators treat employees of new ventures, mature firms, and firms of unknown age. The first experiment examined the behavior of participants in their role as salespeople toward buyers, whereas the second one examined the behavior of participants in their role as buyers toward salespeople. Across experiments, participants shared the belief that their negotiation counterparts were less experienced when these counterparts worked for new ventures than when they worked for mature firms. Moreover, both groups were more likely to deceive negotiation counterparts working at new ventures, although this effect was stronger in magnitude in the first experiment. These findings contribute to the field of behavioral supply management by identifying a new situational variable (firm newness) that promotes deception in purchasing negotiations. Moreover, they provide implications for buyers and suppliers on how to leverage preconceptions associated with their firm's age to gain advantages (or avoid disadvantages) in buyer–supplier negotiations. Finally, we add to liabilities of newness theory by identifying an additional liability that affects new ventures – namely, the increased risk of being deceived.

Щодо здійснення майнових прав товариств з обмеженою та додатковою відповідальністю однієї особи.

The article is devoted to the research of the exercise of the property rights of limited companies and additional companies of one person. Attention is paid to the performance of the sole participant of the functions of the supreme and executive bodies of the company at the same time; fulfillment of the function of the director on the basis of an employment contract with the company and without its conclusion; the exercise of property rights without the subject's determination of such rights; lack of separation of powers of a single participant as a participant (founder), supreme body of the company and executive body of the company. The provisions of the national legislation on property, property rights and subjects of their realization, which are contained in the Law of Ukraine On property valuation, property rights and professional valuation activity in Civil Code of Ukraine, Economic code of Ukraine, Law of Ukraine On partnerships limited and additional liability and certain other legal acts. The court practice of resolving disputes arising between public authorities and companies with limited companies and additional of one person in the case of performing a single participant functions of a director without concluding an employment contract with the company is analyzed. The existence of different approaches to understanding the essence of the relevant legal relationships is revealed. The own proposals for ways of solving the identified practical problems are substantiated. According to the results of the analysis, the proposals for exercising the property rights of limited companies and additional companies of one person are substantiated, namely: the proposed forms of confirmation of the authority of a single participant in the performance of the functions of the supreme body of the company and executive body of the company during the exercise of the property rights of limited companies and additional of one person; the proposed forms of exercising the property rights of limited companies and additional of one person are the sole participant in the performance of the functions of the supreme body of the company and executive body of the company.

REGULATORY FORMATION AND ACCOUNTING OF EQUITY AT LIMITED LIABILITY COMPANIES

The structure and dynamics of equity capital are the basis for determining the indicators that characterize the financial position and financial sustainability of the enterprise. Information support for the effective management of the company's own capital is formed, mainly, by the system of accounting and financial reporting. Reliable and complete coverage of the financial statements of information on the size and composition of equity capital is fundamental for an objective assessment of the financial status and efficiency of the enterprise and for making further decisions by owners, investors, creditors and other users of information. Over the past few years, some changes have been made in the way in which the equity of the enterprise is reflected in the accounting, which requires detailed analysis and evaluation of changes to find ways to improve the accounting of equity capital of the enterprise. The purpose of this publication is to study the legal regulation of the formation and accounting of equity, in particular in limited liability companies, as well as the development of organizational principles of its accounting. Financial independence of the enterprise and other indicators of the financial state directly depends from the complete and clear legal regulation of accounting of equity capital by enterprises of various organizational and legal forms, the effectiveness of the information management of capital formation, profit distribution, dividend and other corporate rights. The normative regulation of the accounting of own capital in Ukraine at the state level (macro level) and at the level of economic entities (micro level) is investigated. From June 17, 2018, the new Law on Limited Liability and Additional Liability Companies came into force. The fundamental change in the regulation of the activities of economic entities of such organizational and legal forms leads to the need to amend its constituent documents and internal accounting regulations. Changes made in accordance with the Law concerning the formation of the authorized capital of the companies with limited liability and additional liability are considered. An exemplary section of the order on the accounting policy that will regulate the accounting of own capital is designed and offered for practical use by limited liability companies. The formation of such section will allow the reconciliation of the accounting policies and constituent documents in order to meet the interests of users in accounting for equity capital. After all, the proper formation of accounting policies is an important element of internal regulation of the formation and accounting of equity, contributes to improving the completeness and reliability of information about the financial condition of the enterprise. Based on the study of legal regulation of formation and accounting of equity in limited liability companies, it was found that at the macro level the state regulates only certain aspects of these processes. Moreover, there remains a wide range of variability in the selection of organizational and methodological approaches to accounting of equity capital. This, in turn, provides the opportunity for the owners of the companies to choose the optimal alternative accounting option for this particular entity, taking into account the specifics of its activities. The main internal regulations of enterprises regulating the issues of formation, use and accounting of own capital are the statute and order on accounting policy. The research revealed shortcomings in the formation of norms as a charter and an order on accounting policies of limited liability companies in respect of own capital. Proposed changes to the specified internal regulations of limited liability companies, which will bring their norms in line with the norms of legislation, in particular with the norms of the Law of Ukraine "On Limited Liability Companies" of 22.06.2018, № 2275-VIII, and will allow to obtain full, relevant , unbiased information about equity capital for all the interested parties.

FALSIFICATION OF MEDICAL PRODUCTS: CRIMINAL LAW MECHANISM COMBATING THREATS TO PUBLIC HEALTH

Introduction: Every civilized state has the duty to its citizens to create an effective health care system, a necessary component of which is the use of safe and high-quality medical products. This duty is based both on the standards of international law and national constitutional norms and principles. The spread of falsified medical products poses a global threat to public health, can lead to death or cause significant harm to human health. Given the extreme risk of such acts, there is a need to create and operate an effective criminal law mechanism to combat such acts. The aim: The purpose of the article is to study the existing criminal law mechanism to combat the falsification of medical products at the international, regional and national levels (Poland and Ukraine as an example), as well as to develop proposals for improving of such a mechanism. Materials and methods: This study is based on the empirical and analytical data of the WHO, the United Nations Convention against Transnational Organized Crime, the Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health (The Medicrime Convention), criminal legislation of Ukraine and Poland, General Prosecutor's Office data on the criminal liability of those who committed falsification of medicines. Totally 28 laws and papers, 25 court judgments were analyzed. Dialectical, comparative, analytic, synthetic and system analyses research methods were used, also for interpretation purposes. Results:Falsification of medical products worldwide is characterized by high prevalence and is one of the highly profitable activities of transnational organized crime. Therefore, an effective counteraction to these crimes is impossible through isolated actions by one separate State and requires the establishment of a multi-level integrated mechanism to combat this phenomenon. The criminal law mechanism, as a necessary component of abovementioned mechanism, should be established at the international, regional and national levels. An analysis of the situation in Poland and Ukraine showed that the falsification of medical products is quite common in these countries, but national criminal legislation and practice of its implementation needs improvement. Conclusions: There is a need to create and implement an effective criminal law mechanism (at international, regional and national levels) to combat the spread of falsified medical products. At the international level, in order to increase the effectiveness of this mechanism, we fully support the EU initiative to amend the United Nations Convention against Transnational Organized Crime, which would establish additional liability for the falsification of medicines. Improving the criminal law mechanism to combat the falsification of medical products at the European regional level requires intensifying of The Medicrime Convention ratification process and full implementation of rules on criminal liability for falsifying medical products into national criminal legislation. At the national level, it is necessary to improve both the criminal legislation and the practice of its implementation, to intensify the activity of law enforcement agencies to combat these crimes, to ensure a fair trial and effective criminal penalties for those who have committed a crime of falsifying medical products.

Щодо договірного регулювання перевезення вантажів у прямому змішаному сполученні.

In the article the features of contractual regulation of multimodal carriage of goods are investigated, the directions for improvement of relevant transport legislation are determined. Based on the analysis of the legislation of Ukraine, national and foreign scientific sources, suggestions on the regulation of the legal status of participants in such transportation, in particular the operator of multimodal transportation, are substantiated.Investigating the topical issues of organizing and carrying out freight transportation in multimodal carriage of goods, the author considers the issue of expediency of a common legal regulation of transport organizational contracts for various types of transport, extension of the types of such contracts by new contractual constructions, in particular, the contract on the organization of multimodal transportation of goods.It is proposed to consolidate at the level of legislation the peculiarities of the forming the contracts on multimodal transportation of goods, in particular in the form of a single electronic transport document confirming the formation of such contracts.The article deals with a certain specificity of the contract for the multimodal carriage of goods. It is noted that such an agreement is entered into by the consignor with the carrier, which is the first transport organization that accepts the cargo for carriage. Such a contract has a special content, in particular on the term of delivery of cargo, which increases for the time necessary for the passage of the goods transported from one mode of transport to another; ensuring the safety of the cargo, taking into account that this duty is distributed among all transport organizations involved in the process of transportation; on payment of all payments due by transport organizations. The responsibility of transport organizations involved in cargo transportation is particularly carefully regulated. The scope of responsibility of the consignor is also increasing, in particular due to additional liability for violations of the legislation, which are applied to the registration of transport documents and loading of goods in vehicles, which caused negative consequences in connection with the multimodal transportation of goods

Cementless Total Ankle Replacement

Category: Ankle Arthritis Introduction/Purpose: Total ankle replacement (TAR) was initially performed with first-generation cemented components. These constructs showed unacceptable revision and complication rates, in part due to the difficulty of obtaining a uniform cement mantle and the unique difficulties with TAR regarding the inability to dislocate the joint for exposure. Early concerns with polymethylmethacrylate (PMMA) in knees led to multiple studies evaluating fixation of total knee components by bone ingrowth using prospective randomized studies, registry data, and radiostereographic analysis. These studies have shown that if micromotion can be kept below 150 micrometers, cementless fixation could be anticipated. Similar benefits were anticipated with TAR, however the literature supporting cementless TAR by contrast appeared sparse. A systematic literature review was conducted to evaluate the literature supporting cementless TAR. Methods: A systematic review of the English language literature regarding cementless fixation in TAR was performed. Pubmed, Embase, Web of Science, and Google Scholar were searched using the terms “total ankle arthroplasty,” “total ankle replacement,” “cement,” “porous ingrowth”, “biologic fixation”, and “cementless” from the inceptions of these search engines until June 2017. To ensure that no relevant studies were missed, the reference sections of all studies selected for final analysis were additionally reviewed. All potentially relevant papers were compiled to determine whether they fit the previously established inclusion criteria. Exclusion criteria included non-English language studies, non-human or laboratory studies, and isolated case reports. The results of this literature review were analyzed using the Preferred Reporting Items for Systematic Reviews and Meta-analyses (PRISMA). Results: The available literature was limited to five articles. Kofoed et al. reported TAR using the STAR ankle, and stated that there was no difference. Brigido et al. using digital radiography of the uncemented INBONE implant, showed that migration was only 0.7 mm at one year and 1.0 mm at two years. Fong et al. performed a preliminary study evaluating the possibility of stereo metric analysis of micromotion, but validated the possibility only. Fevang et al. in a registry review noted that: “The failures in early studies usually occurred with cemented implants. In general, uncemented prostheses have been associated with better results than cemented ones.” Takakura et al. noted a 27% success rate with a cemented ceramic TAR versus a 67% success rate without cement Conclusion: In contrast to the robust literature regarding cementless knee and hip arthroplasty, the literature justifying cementless TAR is surprisingly limited. This lack of literature has had significant impact on the performance of TAR in the US, as virtually all TARs are put in “off-label” without cement with additional liability risks imposed by the use of medical devices in this fashion. While prospective randomized studies comparing cemented to cementless third-generation TARs may violate clinical equipoise, other techniques such as stereometric sequential radiographs, comparative registry outcome data, and systematic retrieval data would allow validation of cementless TAR as a viable technique.

Pathway-induced allelic spectra of diseases in the presence of strong genetic effects.

Complex diseases are frequently modeled as following an additive model that excludes both intra- and inter-locus interaction, while at the same time reports on non-additive biological structures are ample, prominently featuring numerous metabolic and signaling pathways. Using extensive forward population simulations, we explored the impact of three basic pathway motifs on the relationship between epidemiological parameters, including disease prevalence, relative risk, sibling recurrence risk as well as causal variant number and allele frequency. We found that some but not all pathway motifs can shift the relationships between these parameters in comparison to the classical additive liability threshold model. The strongest deviations were observed with linear, cascade-like motifs that form an integral part of many reported pathways. We also modeled maturity-onset diabetes of the young (MODY) as a combination of different basic pathway motifs and observed a good concordance in epidemiological parameter values between our simulated data under this model and those reported in the literature. Given the widespread nature of pathways, including those in the etiology of human diseases, our results re-emphasize the need for non-additive interaction modeling of genetic variants to become an additional standard approach in analyzing human genetic data.

Ivan Franko National University of Lviv

The paper examines legal foundations of adaptation of the Ukrainian laws to the EU Law in the area of company regulation, in particular in the context of the EU-Ukraine Association Agreement. Specific aspects of the corporate law implementation as well as topical acts and provisions are outlined in the research, which should be harmonized with the EU Law provisions in the process of law making on accompany regulation. The laws of Ukraine are analyzed with the view of defining the state of play with the implementation of relevant provisions of the Association Agreement on company regulation. New laws are subject to analysis, in particular, those related to coming into force of the Law of Ukraine «On amending some legislation on enhancing the level of corporate management in joint ventures» (of 23 March 2017, № 1983-VIII) and «On ventures with limited and additional liability», which takes into account certain provisions of EU Directive № 89/667/ЄЕС of 21 December 1989 on one-person private companies with limited liability in the edition of EU Directive 2009/102/ЄС of 16 September 2009, obligatory for implementation by Ukraine according to the EU-Ukraine Association Agreement. Key words : corporate law; EU-Ukraine Association Agreement implementation; company law.

Правова основа переходу частки учасника у статутному капіталі товариств з обмеженою та додатковою відповідальністю.

The article focuses on study of legal basis for the transfer of a participant’s share in the authorized capital of limited liability and additional liability companies to another person. It has been confirmed that the “transfer of equity interest of an economic partnership” essence as a legal category of the Commercial Law science has not been carefully investigated. Additionally it is stated that clarification of the issue what is posed as a subject of the contracts – share or equity rights – has a significant meaning in definition of the subject of the purchase agreements, gift agreements and other agreements, aimed at the property transfer. It has been proven that a share in the authorized capital constitutes as such a subject, but not equity rights that are testified by it. It is proposed to understand the legal concept of the “transfer of a share” as a superordinate term which includes alienation, interest sale, levy of execution on partnership share, inheritance, legal succession and other grounds for such a transition. The legal basis for the organization and implementation of the transfer of a share in the authorized capital of limited liability and additional liability companies has been analyzed. The shortcomings of the legal basis of this process are identified, which may include irregularities in certain issues, in particular, regarding the definition of the subject matter of the agreement on the alienation of a share in the authorized capital and the introduction of the institution of a corporate agreement on the non-application possibility of the provisions of the legislation regarding the preferential right of other participants to acquire a share in the authorized capital. The advantages of the new Law of Ukraine “On Limited Liability and Additional Liability Companies” have been analyzed in relation to the regulation of the participant’s priority right to acquire a share (part of a share) of another shareholder of a company that is sold to a third party. First of all, the problems of the legislative development that are connected with the fact that there are certain norms in the Law of Ukraine “On Limited Liability and Additional Liability Companies” have been revealed which create potential threats for subjects in a corporate legal relationship, namely, this refers to the existence of a threat of non-compliance with the rules concerning the priority right of other participants to acquire a share by means of the conclusion by the alienator of any other contracts, save as purchase agreement, in particular, free-of-charge exchange or gift contracts in this area and secondly, the possibility of leveling up legislative provisions regarding the priority right to acquire a share (part of a share) by concluding the corporate agreement with other shareholders of the company, which will include a provision on the non-application of priority right. As a result of the study, the proposals aimed at improving the legal basis for the transfer of a participant’s share in the authorized capital of specified economic organizations have been formulated.

1874 Bandırma Yangının İktisadi Sonuçları

The fire of 1874 took a heavy toll on the town of Bandırma. Yet, the available literature still lacks detailed information concerning the economic consequences of the disaster. Drawing upon Ottoman archival documents as primary sources, the present study aims to present a detailed account of the fire as one of the most important events in the history of Bandırma, as well as the damages it inflicted upon the town’s economy. As a result of the disaster, the overwhelming majority of the commercial and social buildings in the town were engulfed and destroyed by flames. Right after the fire, the Ottoman government tried to tackle with food and accommodation problems, providing bread and tents for the inhabitants . In addition, in order to alleviate the tax burden of the victims of the disaster, it also provided certain conveniences, offering tax relief for materials needed in reconstruction. However, a portion of the inhabitants raised certain objections concerning the new rebuilding scheme and additional liabilities, which in turn caused a long delay in the reconstruction and redevelopment of the town.

Attention and motor deficits index non-specific background liabilities that predict autism recurrence in siblings

BackgroundRecent research has demonstrated that subclinical autistic traits of parents amplify the effects of deleterious mutations in the causation of autism spectrum disorder (ASD) in their offspring. Here, we examined the extent to which two neurodevelopmental traits that are non-specific to ASD—inattention/hyperactivity and motor coordination—might contribute to ASD recurrence in siblings of ASD probands.MethodsData from a quantitative trait study of 114 ASD probands and their brothers, 26% of whom also had ASD, were analyzed. Autistic trait severity was ascertained using the Social Responsiveness Scale-2, attention/hyperactivity problems using the Achenbach System of Empirically Based Assessment, and motor coordination (in a subset of participants) using the Developmental Coordination Disorder Questionnaire.ResultsAmong siblings (affected and unaffected), both categorical recurrence of ASD (Nagelkerke R2 = 0.53) and quantitative ASD trait burden (R2 = 0.55) were predicted by sibling ADHD and motor coordination impairment scores, even though these traits, on average, were not elevated among the unaffected siblings.ConclusionsThese findings in a clinical family cohort confirm observations from general population studies that inattention/hyperactivity and motor impairment—axes of behavioral development that are non-specific to ASD, and often appreciable before ASD is typically diagnosed—jointly account for over 50% of the variation in autistic impairment of siblings, whether ascertained quantitatively or categorically. This finding within a sibling design suggests that background ASD susceptibilities that are inherited but non-specific (“BASINS”) may contribute to additive genetic liability in the same manner that ASD-specific susceptibilities (such as parental subclinical ASD traits and deleterious mutations) engender ASD risk.

RESEARCH OF THE QUALITATIVE COMPOSITION OF MILK OF COWS OF UKRAINIAN BROWN DAIRY BREED

The aim of the research – is to study the qualitative composition of milk of cows of Ukrainian brown dairy breed in terms of households and in the context of genealogical descent.
 Method. Research conducted under the conditions of the State Enterprise "Pilot Farm of the Institute of Agriculture of Northern East of NAAS» in Sumy region, Enterprize of Additional Liability “Mayak” in Trostyanetc region, State Enterprise "Pilot Farm Agricultural Firm “Nadiya” of the Institute of Agriculture of Northern East of NAAS» in Romny region. Milk production was assessed by monthly milking control with sampling of milk. Quality indicators measured in the laboratory of the former Sumy State Breeding Center on the equipment of Bentley. We investigated the percentage of fat, percentage of protein, including casein, percentage of dry matter, skimmed residue, contents of somatic cells. Biometric processing of results was carried out by the conventional method (Plohynskoho M.O., 1969), using software Statistica 6.0.
 The results of the research. Studies have been conducted on the content of fat, protein, casein, lactose and somatic cell count in cow milk. Established difference of qualitative composition of milk of cows depending on the households and on the genealogical origin of the animals.
 Analysis of our studies indicate that the level of quality indicators of milk production of animals of Ukrainian brown dairy breeds in different farms is significantly different. All the main indicators of quality prevailed in animals of Enterprize of Additional Liability “Mayak”.
 For the fat content of milk cows of Distinkshna line 159523 were dominated. They though not significantly, but dominated the animals of Eleganta 148551 and Laddi 125640 lines for 0.16% and 0.19% respectively. The substantial significant difference of the content of lactose in the milk of cows of different lines is not set. Animals of Distinkshna line 159523 significantly superior cows of Eleganta 148551 and Laddi 125640 lines for the protein, for 0,24% (P < 0,05) and 0,32% (P < 0,05) respectively. For the casein content they were significantly superior then Laddi 125640 line cows – on 0,24% (P < 0,05). For the dry matter content and skimmed milk residue animals of Distinkshna line 159523 also have the advantage.
 Conclusions. As a result of studies found that the level of quality indicators of milk production in animals of Ukrainian brown dairy breed in different farms is significantly different. So fat content in milk varies 3,43–3,98%; protein content – 3,10–3,55%; casein content – 2,83–3,31%; dry matter content – 12,4–13,1%, fat-free dry milk residue – 8,95–9,13%.
 The dependence of milk quality indicators based on linear descent. For the main indices are preferred animals of Distinkshna line 159523.

Healthcare at Your Fingertips: The Professional Ethics of Smartphone Health-Monitoring Applications

Health professionals are inundated by the surfeit of health apps while lacking guidance to help them critically evaluate whether a particular health-monitoring app is safe, likely to lead to clinical benefit, and not introduce additional liability. Our objective is not to argue for or against the use of mobile health-monitoring apps but to illuminate the associated ethical issues and provide recommendations to guide the ethical decision-making process for clinicians who are considering the use of a mobile health-monitoring app. To this end, the Canadian Code of Ethics for Psychologists is used as a framework to situate recommendations.

Partizipative Finanzierung als Instrument zur Einbindung der Bürger in eine präfe- renzgerechte und wohlfahrtsorientierte Leistungserbringung – Theoretischer Rah- men und konzeptionelle Ausgestaltung am Beispiel der BürgerEnergie Rhein-Sieg eG

Investment backlogs in social and technical infrastructure sectors, consequences of the demographic change as well as new challenges such as the growing immigration expose the already tense budgetary situation if many municipalities to additional risks and liabilities. Difficulties to maintain the performance of public service provision on a level that meets citizens’ preferences and a loss of trust in local politicians, both as results of these developments, call for need for action. Considerations involve alternative forms of financing and/or restructuring of public service provision. This article explores if and to what extent financial participation is an appropriate instrument to overcome supply shortfalls in the context of public service provision and simultaneously increase regional value creation and the participatory momentum. Following the theoretical framework, the case of the BurgerEnergie Rhein-Sieg eG is used as an example to demonstrate a way how to put participative financing into action and to overcome conflicts of interest between citizen’s and social welfare preferences in public service provision and simultaneously contribute to reactivate municipal democracy.

Physiological cost of concrete construction activities

Purpose The purpose of this paper was to investigate the physiological cost of concrete construction activities. Design/methodology/approach Five concrete construction workers were recruited. The workers’ three-week heart rate (HR) data were collected in summer and autumn. In this paper, several HR indexes were used to investigate the physiological cost of work in concrete construction trades, including average working HR, relative HR and ratio of working HR to resting HR. Findings This paper measures how absolute and relative HRs vary throughout a workday and how working HR compares to resting HR for individual workers. Research limitations/implications Field observations are usually extremely difficult as researchers need to overcome a number of barriers, including employers’ resistance to perceived additional liabilities, employees’ fear that their level of activity will be reported to managers and many other practical and technical difficulties. As these challenges increase exponentially with the number of employers, subjects and sites, this study was limited to a small number of subjects all working for the same employer on the same jobsite. Still, challenges are often unpredictable and lessons learned from this study are expected to guide both our and other researchers’ continuation of this work. Originality/value The time effect on the physiological cost of work has not been considered in previous studies. Thus, this study is noteworthy owing to the depth of the data collected rather than the breadth of the data.

Security Recommendations and the Liabilities of Broker-Dealers

I investigate the liabilities of broker-dealers from the arbitration of investor claims relating to security recommendations. I find that investor awards are more positive for claims involving securities that are more difficult to evaluate, and that the more positive awards relate to investor assertions of a fiduciary duty violation and to investor assertions of a suitability violation. I also find that the length of the arbitration, a measure of the cost of arbitration and a proxy for the potential difficulty of the two parties to directly settle the dispute, are greater for these claims. Overall, the results indicate that broker-dealers can have additional liabilities when recommending securities that are more difficult to evaluate. The results illustrate the importance of the applicable laws, including arbitration as a forum for dispute resolution, as a determinant of the liabilities or potential costs of broker-dealers to provide security recommendations.

The Superconducting Supercollider and US Science Policy

Reasons for the Superconducting Supercollider’s (SSC’s) termination include significant changes in the attitude of the government towards large scientific projects originating with management reforms introduced decades earlier. In the 1980s, the government insisted on inclusion of elements of these reforms in the SSC’s management contract, including increased demands for accountability, additional liability for contractors, and sanctions for infractions. The SSC’s planners could not have opted out of the reforms, which were by then becoming part of all large publicly funded projects. Once these reforms were in place, management mistakes in the SSC’s planning and construction became highly visible, leading to termination of the machine. This episode contains two key lessons about science policy. One is that the momentum of the government’s management reforms was unstoppable, and its impact on large scientific facilities and projects could not be reversed. The other is that specific measures such as cost and schedule-tracking systems to provide measures of program performance and impact were also inevitable; large scientific projects needed new parameters of accountability and transparency in what can be called the Principle of Assurance.