Aspects Of Liability Research Articles

Problematic Aspects of Criminal Liability for Abuse of Power or Official Position

Problematic Aspects of Criminal Liability for Abuse of Power or Official Position

Assessing endangerment of archaeological heritage in Latvia: legal framework and socio-economic aspects

The aim of the article is to reflect the currently existing regulatory environment for damages caused to archaeological sites by illegal human intervention and its implementation by law enforcement sector and the courts in Latvia. The article is mostly focused on legal and socio-economic consequences of endangerment of archaeological sites. It analyses liability aspects, examines case law, determines the existing challenges and proposes basis for improvement in administrative and legal procedures. Methods applied in the research are literature review, legal framework and documentary analysis, statistical and case law analysis. The results of the research could be used inter alia for the purposes of criminal, civil and administrative proceedings, amending legal regulation and damage assessment mechanisms.

Private International Law Aspects of Arbitrator Liability: A European Perspective Post-Brexit

This article investigates how various private international law (PIL) instruments relevant in the European context, post-Brexit, deal with questions of jurisdiction, applicable substantive law, and recognition and enforcement pertaining to the contractual liability of arbitrators. Based on an analysis of applicable European Union (EU) case law and the drafting history of, amongst others, the Brussels I (Recast) Regulation and its predecessors, it submits that that the exclusions included in such Regulation with regard to arbitration proceedings do not apply to the Arbitration Contract between the Parties and the Arbitrator or Arbitrators. Second, we submit that the law applicable to a claim for breach of contract by an Arbitrator must be found through the application of Rome I. Rome I provides that the law of the country where the Arbitrator that is alleged to be liable vis-à-vis (one of) the Parties has his or her habitual residence. With respect to enforceability of court judgments pertaining to arbitrator liability, we discuss and assess the Pandora’s Box that Brexit appears to have opened. This assessment leads us to conclude that, whilst the framework put in place by Brussels I (Recast) and the Lugano Convention remains largely in place, on the departure of the United Kingdom from the existing legal frameworks, enforcement and recognition of court judgments between the United Kingdom and the EU will, in the absence of a jurisdiction clause, largely shift to provisions of national law and/or bilateral treaties. Arbitration, International Arbitration, Brussels I (Recast), Rome I, Hague Convention, Lugano Convention, Brexit, Private International Law, Arbitrator, Liability

Similarities and Differences of Approaches to the Legal Regulation of Subsidiary Liability of Persons Controlling the Debtor in Russian and Foreign Law

The paper constitutes a comparative legal study of some aspects of subsidiary liability of persons controlling the debtor and its foreign counterparts. Taking into account the experience of foreign countries in the regulation of these relations, the author draws parallels between different approaches to this legal phenomenon using foreign literature and judicial practice. The key aspect of the problem of liability of persons controlling the debtor is the existence of two opposite legal principles: organizational and property isolation of a legal entity and inadmissibility of abuse of the right. Bringing the persons controlling the debtor to subsidiary liability makes it possible to erase the boundaries of isolation of a legal entity and to identify its property with the property of its controlling persons for the purpose of satisfying the creditors’ claims. Thus, creditors of a legal entity have the opportunity to restore the violated right at the expense of the property of a de facto third party that is not a party to the original obligations. In foreign legal orders, the study of this ratio takes place over a long period. During this time, a certain theoretical understanding was formed, as well as law enforcement practice in this area.

Актуальні питання цивільно-правової відповідальності третіх осіб за порушення покладених на них обов’язків боржника

The article is devoted to the study of the legal aspects of civil liability of third parties for breach of the debtor’s duties. Attention is paid to the relevance of the chosen topic for research. In particular, according to the analysis of the legal literature, in the Soviet period when studying the issue of direct liability of third parties to creditors in each case as third parties it was not only the participants who are responsible for the debtor, but also participants who acted counterparties of the debtor. In this case, given the criteria to be followed in determining third parties in civil law in the study of this type of liability should primarily proceed from the understanding of third parties as participants in civil turnover, who are in a legally significant legal relationship with one of the main obligations. It is emphasized that, as a rule, a third party bears civil liability for the breach of the debtor’s obligation not to the creditor, but to the debtor. Only as an exception to the rule can a third party in the case in question be directly liable to the creditor. These are cases that are stipulated by law or contract. Considerable attention is also paid to the analysis of the legal nature of the contract as one of the grounds on the occurrence of which it is possible direct liability of a third party to the creditor. It is concluded that such an agreement should be multilateral in nature. In particular, in addition to a third party, its subjects must also be the debtor and the creditor of the principal obligation.

Pertanggungjawaban Pidana Pada Kasus Kecelakaan Lalu Lintas Yang Mengakibatkan Kematian Atas Dampak Kerusakan Jalan (Studi Kasus Putusan Pengadilan Negeri Rembang Nomor 129/Pid.Sus/2019/PN Rbg)

The problem of traffic accidents that cause death due to road damage is a problem that is always prominent from time to time. Of course, it needs to be studied in the aspect of criminal liability to resolve if there is a legal event in question occurs. The research method used in this research is normative juridical. The results showed that awave of traffic accidents that occurred due to road damage here found there were 2 (two) pihak which will basically receive the consequences ofroad users(community) both victims and perpetrators,for road organizers (whodeal withroad repairs / road repairs, namely the Public Works Office in each region), Criminalliability for the occurrence of traffic accidents that result in death caused by road damage,can be charged to different parties because of their nature is kasuistis. Rembang District Court Decision No. 129 / Pid.Sus / 2019 / PN Rbg basically the judge's decision can be said to be appropriate to say the defendant has been negligent because he was not careful and vigilant when driving on damaged roads / potholes

TEMPORARY EMPLOYMENT SERVICES: CLOSING A LOOPHOLE IN SECTION 198 OF THE LABOUR RELATIONS ACT 66 OF 1995

Section 198 of the Labour Relations Act (hereinafter “LRA”) regulates the employment relationship between a worker (the employee), a labour broker (the employer) and a third party (the client). It also regulates the aspect of liability between the temporary employment service and its client on the one hand in relation to the employee/worker on the other hand. It is with regard to the latter aspect thatthe employee is in a detrimental position as far as the loss of protection against an unfair dismissal as regulated by sections 185 and 186 of the LRA is concerned. The complexity of this kind of relationship is illustrated by means of a case study relating to an unfair dismissal dispute. Legislation regulating the employee’s rights and the employer’s duties upon termination of the contract of employment is also discussed. In conclusion, solutions and recommendations are offered to address the existing areas of concern with regard to section 198(4) and the client’s responsibilities, the interpretation problems within the tripartite employment relationship, as well as the employment contract.

Positive legal responsibility: general theoretical characteristics

The article analyzes the concept of "positive legal responsibility". Its relationship with the term "responsibility" is established, the ratio of social and legal responsibility is considered. The relationship between the philosophical and moral meaning of the concept of "responsibility" is defined. Emphasis is placed on the need to define legal liability through the main objectives and principles of law, the practice of application and interpretation of the legal content of liability.
 The existence of positive and negative aspects of legal responsibility in modern legal science is outlined. The positive aspect of legal responsibility as a type of legal responsibility, which is a reaction of the state and society to socially useful action, is considered. The main types of legal incentives are identified. The most common signs of positive legal responsibility are outlined. 
 The negative aspect of legal liability is considered. The basic approaches to its understanding are defined, the basic signs are outlined. It is noted that negative legal liability is considered a means of guaranteeing the rights and freedoms of citizens. It is determined that in the mechanism of legal regulation measures of positive legal responsibility act as means of social control over the behavior of participants in public relations, ensuring mutual coherence of their actions. 
 Positive legal liability is aimed at reducing the manifestations of illegal behavior by stimulating the subjects of legal relations to implement socially useful behavior through various incentives and is characterized by the following features: associated with the provision of additional rights to the person; occurs for the implementation of certain desired behavior; established in incentive legal norms; is a means of stimulating subjects to commit lawful acts; sold voluntarily. 
 It is established that positive legal responsibility is a voluntary form of realization of legal responsibility, it is a legal obligation of the subject of responsibility to act according to requirements of legal norms which is realized in its lawful behavior.

Clinical case of special legal liability which is the result of a doctor when combination of specialties

We analyzed a forensic case related to an unfavorable outcome of medical care by a pediatrician. One of the reasons for the unfavorable outcome of medical care was the combination of pediatric and pediatric neurology specialties by the doctor, which, according to experts, contributed to an incorrect assessment of the severity of the childs condition and incorrect assessment of general cerebral symptoms and neurological disorders, without proper differentiation. As a result, the diagnostic was not fully provided, and more serious diseases at the time were not excluded. We determined the objective and subjective aspects of liability for combination several specialties. A medical-legal and forensic assessment of a specific unfavorable outcome of medical practice is given. It is concluded that any combination of different specialties by a doctor not only requires additional professional duties but, at the same time, creates additional legal risks in term of criminal law, which should be taken into account by each specialist who has assumed additional obligations.

Debatable aspects of criminal liability for intentional homicide committed by person in a state of strong emotional excitement

Debatable aspects of criminal liability for intentional homicide committed by person in a state of strong emotional excitement

Legal constructions of obligations for the transboundary maritime transport of dangerous goods: institutional foundations of formation

The article summarizes the procedure for the formation of contractual relations in the conditions of cross-border maritime transport of dangerous goods. The conclusion is made about the determining value of permissive, as well as notification norms, provisions on preventive measures. In this regard, the mechanism of legal regulation is considered as a variety of complex social and legal institutions designed to overcome the gaps and contradictions of legal regulation. It is noted how important the principles of legality and justice, which are characteristic of each individual institution of law, become when concluding a contract. They are studied as a manifestation of various aspects of civil liability, mandatory prohibitions, as well as the resulting retribution. It is emphasized whether the participants in legal relations should then turn to the conflict-of-laws institution of autonomy of the will of the parties, or whether it is nothing more than an alternative to other attachment formulas, moderately flexible and absolutely predictable. The author highlights the legal properties of the connection between the ship and the flag that it carries, which are crucial for a number of transactions: on the disposal of movable and immovable property, the provision of possessory protection. The author outlines the differences between the public and private interests of economic entities when registering a ship, determines which legal decisions, legal facts named in the law, allow to strengthen the scope of the property and obligation statute in legal relations.

Criminal Liability For Premeditated Murder With Extreme Cruelty

This article analyzes the theoretical aspect of criminal liability for intentional homicide, one of the types of aggravated homicide, with extreme cruelty.

Freedom of Expression and the Construing of Defamation Under the Ethiopian Civil and Criminal Law

Defamation is defined as the act of communication of a false statement that harms the reputation of a person, business, product, group, government, religion, or nation [1] . To constitute a defamation, an act must generally be intentional whether it is truth or false statement and must have been made to someone other than the person defamed. Some common law jurisdictions also distinguish between spoken defamation, called slander, and defamation in other media such as printed words or images, called libel [2] . Under this work defamation is seen from its liability aspects against the free use of freedom of expression. The laws in relation to freedom of expression such as the ICCPR, ICESCR, UDHR, and the municipal laws such as: the FDRE Constitution, the Press and Media laws, the Criminal and Civil laws of the country that expressly or tacitly dealing with freedom of expression and the consequence of defamation. DOI: 10.7176/JLPG/109-01 Publication date: May 31 st 2021 [1] LeRoy Miller, Roger (2011). Business Law Today: The Essentials. United States: South-Western Cengage Learning. p. 127. ISBN 1-133-19135-5 . [2] Linda L. Edwards, J. Stanley Edwards, Patricia Kirtley Wells, Tort Law for Legal Assistants, Cengage Learning, 2008, p. 390.

Criminal Aspect of Criminal Liability in Corporate Crimes in the Case of Selling and Buying Gold in Surabaya City

The findings showed that based on the root cause of this research problem, the findings of the Antam gold fraud case began in 2018 when Budi said buying gold weighing seven tons with a value of Rp 3.5 trillion from Antam through a broker called Eksi Anggraeni. The gold price is considered lower if purchased directly from Antam. The defendant claimed the lower price was a “discount”, however, after Budi paid the nominal amount according to the agreement, the gold he received only weighed 5,935 tonnes or the equivalent of Antam’s official gold price at that time. In the end, until November 2018, Budi didn’t receive the remaining gold which was agreed upon and caused him to lose Rp.573 billion. The modus operandi offered is through money game motives and behavior with the investment model through e-business.

ВІДПОВІДАЛЬНІСТЬ ЯК ПРІОРИТЕТНИЙ ІНСТРУМЕНТ БОРОТЬБИ З КОНТРАБАНДОЮ

The article outlines the existing types of liability for smuggling, describes the current state of damage caused by their presence in modern society. Reveals the author's assessment and position on the need to clarify the content of certain categories of the conceptual apparatus, which is devoted to the degree of responsibility for offenses that have the features of smuggling. The research contains the author's proposal to introduce into the Criminal Code of Ukraine the conceptual categories of «criminal liability for smuggling», includes a justification for this action. Attention is paid to the existing legislative initiatives on combating smuggling and corruption during customs clearance of goods, their content is revealed. The author's vision of improving the situation with the reduction of smuggling crimes on the basis of the proposed proposals is presented. The chosen direction of the research is relevant as it is aimed not only at outlining the key aspects of criminal liability for smuggling, but above all at developing certain measures to improve the situation at customs. From a scientific point of view, the study needs modernization in terms of clarifying the content of certain categories of the conceptual apparatus of the subject of study. The conclusions of the study are as follows. First, there is a fairly modernized legal framework in Ukraine, which discloses the degree of responsibility of persons who have committed a criminal or administrative offense related to smuggling. Secondly, the legislator clearly distinguished between the measures of criminal and administrative liability of persons who participated in smuggling operations, and it is important that the legislator defined the boundaries of the transition from administrative to criminal liability. Thirdly, the research indicated the expediency of clarifying the content of certain categories of the conceptual apparatus of the subject of study, namely the concepts of «criminal liability for smuggling» (a type of legal liability that gives rise to criminal relations between special authorities and persons who violated customs rules that have signs of smuggling in particularly large amounts, which is individualized in the conviction of the court) and «administrative liability for smuggling» (a type of legal liability that arises during administrative relations between legal entities in the field of violation of customs rules, which have signs of smuggling and are subject to administrative penalties by administrative jurisdiction). Fourth, the authors propose to include in the measures to reduce the level of smuggling: increase the material security of border guards and customs officers, equip «problem» areas of the border with a system of covert round-the-clock surveillance, observation and professionally trained staff, etc.

Delimitation of insolvency offenses from other related criminal/non-criminal acts

This article aims to clarify the aspects of criminal liability for insolvency offenses, from the point of view of their delimitation from other related acts. In order to achieve the mentioned purpose, the author identified certain prejudicial actions that could have the capacity to create confusions as an effect of their similarity to the crimes provided for in art. 252 and 253 Penal Code of the RM, and the analysis of the comparative elements is necessary in order to establish their correlation and delimitation. Following the scientific study undertaken, some qualification rules were formulated taking into account the specifics of criminal acts of insolvency-related offenses, being developed and proposed for application some certain explanatory guidelines concerning the analyzed criminal facts.

Special aspects of tax liability of small business enterprises in Russia

In modern economic conditions, the state of small business is an indicator that reflects the dynamics of the development of the main socio-economic trends occurring in the country. In return, the current crisis phenomena have a negative impact on the development of small business, which contributes to the formation of the middle class, which makes up a significant part of the economically active population of the country. Despite all the measures provided by the government of the Russian Federation (tax holidays, subsidies, reduction of the tax burden due to the introduction of special tax regimes, etc.), the number of small businesses is decreasing. This article analyzes the current state of the state’s tax policy in relation to small enterprises, examines the issues of taxation of small enterprises in Russia, and identifies the main trends and disadvantages of taxation of small businesses. The most complex and urgent problems of functioning and further development of small businesses are identified and characterized. Statistical data on the dynamics and structure of small businesses by type of economic activity in Russia, the dynamics of the tax burden on small businesses, and tax revenues to the budget of the Russian Federation are presented and analyzed. The article substantiates the need to reform the tax system as a necessary measure to support small businesses, designed to improve and accelerate the dynamics of socio-economic development of the state.

Challenges of open design in low-income communities: a case study of residential rainwater harvesting systems

ABSTRACT Open design (OD) is a promising approach to address global sustainability challenges. At the same time, however, the increased use of OD brings new challenges. To understand the potential of OD in a specific context, we adopted the concept of a residential rainwater harvesting system (RWHS) as a case study. We first identified the critical design features of the RWHS. After that, we analysed the potential for local reproduction of these features at the grassroots level of low-income communities in developing countries. This analysis revealed that varying limitations related to materials, skills, and manufacturing tools may hamper the adoption of OD by local communities when trying to improve their water management. In the light of our findings, we argue that OD processes are likely to face challenges if replicability, substitutability and adaptability are not successfully integrated into the design. We suggest a design-for-frugality mindset and adoption of parametric design processes and design parameters as key strategies to boost OD processes in low-income communities. We also stress the importance of safety and liability aspects in the studied context.

Privacy-preserving and robust watermarking on sequential genome data using belief propagation and local differential privacy.

Genome data is a subject of study for both biology and computer science since the start of the Human Genome Project in 1990. Since then, genome sequencing for medical and social purposes becomes more and more available and affordable. Genome data can be shared on public websites or with service providers (SPs). However, this sharing compromises the privacy of donors even under partial sharing conditions. We mainly focus on the liability aspect ensued by the unauthorized sharing of these genome data. One of the techniques to address the liability issues in data sharing is the watermarking mechanism. To detect malicious correspondents and SPs-whose aim is to share genome data without individuals' consent and undetected-, we propose a novel watermarking method on sequential genome data using belief propagation algorithm. In our method, we have two criteria to satisfy. (i) Embedding robust watermarks so that the malicious adversaries cannot temper the watermark by modification and are identified with high probability. (ii) Achieving ϵ-local differential privacy in all data sharings with SPs. For the preservation of system robustness against single SP and collusion attacks, we consider publicly available genomic information like Minor Allele Frequency, Linkage Disequilibrium, Phenotype Information and Familial Information. Our proposed scheme achieves 100% detection rate against the single SP attacks with only 3% watermark length. For the worst case scenario of collusion attacks (50% of SPs are malicious), 80% detection is achieved with 5% watermark length and 90% detection is achieved with 10% watermark length. For all cases, the impact of ϵ on precision remained negligible and high privacy is ensured. https://github.com/acoksuz/PPRW\_SGD\_BPLDP. Supplementary data are available at Bioinformatics online.

Criteria for allocation of life-saving resources during the SARS-COV-2 pandemic: ethical implications and aspects of legal liability.

The issue of political, institutional and professional liability in the context of the SARS-COV-2 pandemic is currently widely debated and involves several levels of investigation. One crucial aspect relates to the allocation of life-saving resources in situations where there is an imbalance between need and availability and the associated questions of ethical and legal liability. This work looks at the implications of the criteria applied to rationing under extraordinary conditions and the issue of their legitimacy. Considering the European scenario, we describe the approach taken by Italy in proposing criteria for pandemic triage of intensive treatment and highlight certain problems and critical issues. We emphasise that the decision, based on a comparative assessment, to deny treatment to a patient in critical condition, compromising that patient's right to care, exceeds the scope of decision-making autonomy of the professional concerned and requires a theoretical and procedural definition shared at multiple levels of society.