Amount Of Sanctions Research Articles

Podejście oparte na teorii gier w ekonomicznej współpracy dla zrównoważonego rozwoju: optymizacja South Pars – North Dome Field pomiędzy Iranem a Katarem

Cooperation between countries in the exploitation of common natural resources such as oil and gas contributes to the optimization of resources, prevention of unsustainable extraction, promotion of long-term resource sustainability, strengthening diplomatic relations, and promoting peace, playing a significant role in the economic growth of countries. This research presents a modeling of the extraction of interested countries from a common resource using triangular distribution and game theory approach. The modeling is designed based on the share of the parties in the common resource and the extraction capability (in terms of the sanction factor). The results indicate that the extraction level of each country from the common resource depends on both the share of the interested parties and the level of sanction imposed on them. Moreover, if a sanction is imposed on one or both countries, a portion of the resources will not be extracted. Among the most important results, we can point out that only if the amount of sanctions is very severe, then the extraction of resources for Iran has no economic justification.

Discretionary Powers in the Context of Legal Regulation of Administrative Procedure

The article is devoted to the problem consideration of determining the content and characteristics of discretionary powers in the context of the administrative procedure legal regulation, which is caused by the adoption and necessity of introducing the provisions of the Law of Ukraine «On Administrative Procedure» into the practices of the subjects of authority. The actuality of the topic is determined by the necessity to qualify administrative bodies' powers as discretionary and implement the relevant principles of administrative procedure. The article aims to analyze the normative constructions of administrative proceedings available in Ukraine's legislation, which allow for the possibility of exercising discretionary or similar powers to develop a position regarding the limits and features of the practical application of norms of the Law of Ukraine «On Administrative Procedure». Achieving the outlined objective became possible through complex scientific knowledge methods, in particular dialectical and systemic approaches, formal-legal and comparative methods, and methods of analysis and synthesis. It is noted that the vast majority of normatively defined principles of administrative procedure are designed for the implementation of discretionary powers by administrative bodies. It was emphasized that an integral component of discretionary powers, in addition to the availability of legally defined options for decisions that an administrative body can adopt in the presence of specific grounds, is the availability of the administrative body's right to act at its discretion. Based on the conducted research on the content of the administrative bodies' powers in specific types of administrative proceedings, the conclusions were formulated that in administrative proceedings of a registration and permitting nature, the relevant administrative bodies do not have discretionary powers. It is noted that an example of full-fledged discretionary powers is the powers of administrative bodies in tort proceedings. This is due to the fact that sanctions for the commission of relevant offenses have a relatively defined nature. In such cases, the administrative body, at its discretion, selects the type and amount of sanctions, taking into account the circumstances of the case. Unlimited discretion is inherent in the authority of collegial bodies, particularly local self-government bodies, which is determined by the decision-making method by voting of the collegial body members.

Some reflections on improving the provisions of the code of Ukraine on administrative offenses in terms of increasing liability for violation of legislation in the field of protecting natural ecosystems from fires

The article presents an analysis of the current state of the current administrative legislation of Ukraine, which regulates relations in the field of environmental protection and rational nature management in the state. The author has analyzed the provisions of the draft Law of Ukraine “On Amendments to the Code of Ukraine on Administrative Offenses in relation to increasing liability for violation of legislation in the field of protecting natural ecosystems from fires” and a number of other bills. Their development and adoption is an important step towards bringing the current national legislation in line with European standards and norms, as well as further development of social and economic transformations in Ukraine in the environmental sphere.
 Also in this article the author indicates the feasibility of amending the Code of Administrative Offenses of Ukraine and other legislative acts in terms of strengthening administrative responsibility for violating fire safety rules, protecting the environment, preventing fires in natural ecosystems in the country. With regard to improving the efficiency of management of the sphere of protecting natural ecosystems from fires, the author points out the need to provide additional powers to the bodies of the State Emergency Service of Ukraine for the implementation of state control and supervision over the state of fire safety at forestry facilities. In this aspect, it is timely to develop and adopt a separate legislative act to secure the rights and obligations of the relevant officials to exercise such state control and determine the procedure for its organization. In addressing the issue of protecting natural ecosystems from fires, it is proposed to pay attention to the need to ensure strict adherence to the principle of inevitability of administrative responsibility for violation of legislation on environmental protection, eliminating the imbalance between the actual amount of damage caused to the environment and the amount of sanctions; an increase in the size of fines for setting fires in natural ecosystems, including for unauthorized burning of stubble on agricultural land (fields) by their owners.

Проблемы разграничения административных правонарушений и преступлений, актуальных для режима повышенной готовности

The article is devoted to the current issues of regulating administrative responsibility for offenses related to the global challenge of our time: the COVID-19 pandemic. The authors investigate the problems of administrative offenses qualification. In particular, the article describes the problem of distinguishing between offenses and crimes that are similar in their objective aspect, based on possible errors of legislative regulation. The existing practice of applying the analyzed articles of legislation has been studied. Difficulties and ambiguities in the qualification of offenses have been noted. In practice, solutions to the problems of qualification are noted in distinguishing between administrative offenses as well as delimiting offenses from crimes. Distinguishing of that kind is important due to blurred borders in concepts of socially dangerous acts and offenses, based not on the interpretation of the dispositions of norms content, but on the amount of sanctions or signs of the subject. It is concluded that it is necessary to apply a systemic approach in law when securing norms that are similar in their objective aspect in related branches of law. In this regard, recommendations are given for optimizing legal regulation in this area.

Fines as a Punishment in Indian Penal Code, 1860

The paper discusses the role of punishment in a criminal justice system by elaborating its functions. It focusses mainly on monetary sanctions (fine) as a type of punishment under the criminal law and analyzes its efficiency on the basis of the punishment theories. With specific reference to the Indian Penal Code, 1860 the paper categorizes the placement of monetary sanctions in the statute into three variants: where the amount of sanction is mentioned in the provision, where the amount of fine is not mentioned in the provision and where monetary sanctions stand as an alternative to imprisonment in the provision. The paper critiques the third variant as a commodification of offence and provides suggestions to update the statute to enable the efficiency of monetary sanctions as a type of punishment in criminal law.

Do Financial Markets React to Regulatory Sanctions? An Event Study of the French Case

The paper offers an empirical analysis of the effects of sanctions decided by the Financial Markets Authority (AMF) on the reputation of firms in France. Using an event study, we intend to show the impact of three events on the stock prices: opening of an investigation by the AMF; issuance of a monetary sanction; publication of the information about sanction a newspaper. The reputational impact issue raises the broader issue of understanding of financial regulation enforcement operates in concreto. We find a strong negative impact of the announcement of sanction in press on the firms’ stock prices. We observe a reputational loss of the deferred firm following the disclosure of sanction in press. We observe also a weak decrease in stock prices when the firm has been notified of the opening of investigation on its misconducts, however we find no evidence on the impact of announcement of sanction directly to the firm on the stock prices. We carry out an OLS cross-section regression to assess the impact of the amount of sanction on the reputational loss of firm. The amount of monetary sanctions are too low, compared the market size of deferred companies, to influence stock prices and contribute in reputational loss.