Efficiency Of Law Research Articles

Об эволюции отечественной практики отношений основного и дочернего обществ

From the point of view of improving the efficiency of competition law and corporate business management, it is of interest to regulate relations and transactions between the parent and subsidiary organizations. The key to understanding the regulation of relations between the main and subsidiary enterprises is to consider them as a single economic entity and property complex. Therefore, often transactions between the main and subsidiary enterprises are considered as unilateral, gratuitous. In the legal language of Russian justice, the peculiarity of such transactions is called “lack of direct counter representation”. The Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 8989 approved the principle: “The absence of a direct counter-provision is a feature of the relationship between the main and subsidiary companies, which, from an economic point of view, are a single economic entity”. We will look at various cases of jurisprudence (the body of court decisions) that apply this principle, and see how this principle has evolved and developed. Judicial acts referring to Decree No. 8989 have impressively expanded the situational field of its application. Variants of such schemes: gratuitous transfer of fixed assets of the main company to a subsidiary and vice versa, as well as in relations between subsidiary structures; preferential pricing in contractual relations between the main and subsidiary companies, as well as in relations between subsidiary structures (finished products, raw materials, components, energy carriers, works, services, etc.); gratuitous transfer by holding companies of the results of intellectual activity; implementation of the contribution of the main company to the property of the “daughter” in compliance with the procedure established by law; the obligation of the subsidiary company to strictly comply with the specifics of the use of the relevant property established by law for the parent company; forgiveness of the debt of one of the companies associated with corporate control of another; mobilization of dividends of a subsidiary company to pay debts of the main company in the course of its bankruptcy; guarantee transactions of one holding company to secure obligations of another; transactions of preferential borrowing in relations between holding companies; gratuitous transfer of funds from one holding company to another, explicitly or implemented within the framework of a “business contract”.

Investigation of Energy and Exergy of Geothermal Organic Rankine Cycle

In this study, modeling and thermodynamic analysis of the combined double flash geothermal cycle generation was conducted using zeotropic fluid as the working fluid in the Organic Rankine Cycle (ORC). The analysis was performed based on the first and second laws of thermodynamics. Hexane, cyclohexane, isohexane, R245fa, and R236ea exhibit good performance at higher temperatures. In this study, three fluids—hexane, cyclohexane, and isohexane—were used. First, the model results for the pure fluids were compared with those of previous studies. Then, the important parameters of the cycle, including the efficiency of the first law of thermodynamics, the efficiency of the second law of thermodynamics, net productive power, and the amount of exergy destruction caused by changing the mass fraction of the refrigerant for the zeotropic fluids (investigated for the whole cycle and ORC), were obtained and compared.

Insider trading laws to counter financial crime: a comparative study of Mauritius, UK and US laws

PurposeThe rise in business activities coupled with free trade liberalisation across countries has entailed an increase in securities transaction as well as insider trading (IT). In fact, IT is characterised by the influence and usage of some prior knowledge concerning sensitive information of a corporate body which results in a financial benefit to the insider trader. The practice of IT is not only unethical but also illegal and this statement is witnessed by the mushrooming of laws across the globe categorising IT as an offence. However, the type of punishment varies in different countries depending on various factors. Consequently, the purpose of this paper is to assess the adequacy and efficiency of IT laws in the context of a developing country being Mauritius.Design/methodology/approachTo achieve the research objective, the Mauritian laws on IT were compared with the corresponding laws of some developed countries like the USA and the UK. As such, a qualitative research method was adopted. In particular, the black letter approach was used to examine the relevant laws of Mauritius, UK and USA on IT. A comparative analysis was conducted concerning IT laws for each country with the view of suggesting recommendations for Mauritian stakeholders to adopt to enhance the existing legal and regulatory framework on IT.FindingsIt was found that Mauritian IT laws are largely inspired from both the US and UK corresponding legislation. However, Mauritian laws need to be strengthened by imposing some more severe penalties in terms of fines and terms of imprisonment like the USA has established. The Mauritian Financial Services Commission as the regulator also needs to play a more active role in disseminating particularities of IT laws, offences and penalties to the civil society at large.Originality/valueAt present, this study will be among the first academic writings on the efficiency of IT laws in Mauritius and also, because existing literature is quite scarce on assessing the adequacy of IT legislation in developing countries, this research aims at filling in the gap in literature. The study is carried out with the aim of combining a large amount of empirical, theoretical and factual information that can be of use to various stakeholders and not only to academics.

Energy, exergy, economy analysis and geometry optimization of spiral coil heat exchangers

The present investigation deals with the exergy and exergoeconomic study of a heat exchanger with a shell and spiral tube, considering different geometries. The Realizable k-ε turbulent model is employed to simulate the heat exchanger and irreversibility calculation in the shell and spiral tube. The numerical results in this study are validated through experimental data from previous research. The influences of the different geometrical parameters on purchased equipment cost, heat exchanger irreversibility as well as efficiency of the second law are investigated. These parameters include the coil pitch, the minimum radius of the spiral, coil radius, shell thickness, and shell radius. It is realized that heat transfer is the primary source of exergy destruction. Increasing coil pitch from 20 to 40 mm results in a reduction of, on average, 4% of the second law efficiency of the heat exchanger and 3.54% increase in purchased equipment cost value. Similarly, increasing the coil radius comes up with a reduction by about 19% of the heat exchanger efficiency. Moreover, investigating the influence of studied geometrical parameters on purchased equipment cost reveal that the most and least effective geometrical parameters are coil radius and minimum radius of spiral, respectively.

Contemporary international Law:Regulating the upcoming fukushima radioactive wastewater discharge

In April 2021, the Japanese government decided to release tonnes of radioactive wastewater from the wrecked Fukushima nuclear power plant into the ocean, a decision that will likely to pose a direct threat to the marine environment of not only Japan, but also the jurisdictional waters of neighboring countries. Legal measures such as litigation against Japan has been an option for the neighboring countries, although they require more time than available, unless interim measure are ordered. Based on a multidisciplinary research approach that integrates open-source research data, authoritative data and conclusions, this paper shows that since the ocean is a complex and changeable system and radionuclides could be redistributed by the ocean currents and eddies, the radioactive wastewater discharge will cause or likely to cause contamination in fish products and fishing grounds and have negative impact on marine life and humans. In response to the widely known skepticism regarding the application and efficiency of international law concerning the 2011 Fukushima Daichii accident, this paper argues that the nuclear law, ocean law and general principles of international law do provide sufficient constraints on the forthcoming radioactive wastewater discharge. Among the IAEA's legal documents, the Convention on Nuclear Safety (CNS) and the Convention on Early Notification are the most applicable conventions to the Fukushima radioactive wastewater discharge. Treaty interpretation of the “at sea” element in the London Dumping Convention and its Protocol is crucial to determine the legitimacy of the planned oceanic discharge activity of Japan. In addition, legal characterization of sources of pollution, the place in which the oceanic discharge activity occurred and Japan's substantive and procedural obligation under the United Nations Convention on the Law of the Sea (UNCLOS) will also affect the treaty application in the forthcoming oceanic discharge. This paper proposes that for the international community as a whole, long term (regional and global cooperation) and short-term measures (inter-State cooperation) need to be taken into consideration in order to tackle Japan's decision as well as laying the framework for any similar discharges that could follow Japan's example.

Generation of Limit Cycles in Nonlinear Systems: Machine Leaning Based Type-3 Fuzzy Control

A limit cycle is a cyclic path of oscillation on which the states of a nonlinear system settle. A considerable number of practical systems such as robots, converters, and heartbeat require generating the sustainable oscillatory behaviours. The objective is to design a controller to generate limit cycle with specific behaviours. In this paper, a novel fuzzy control (FC) strategy is introduced to create the limit-cycle for nonlinear complex dynamics with unknown uncertainties. The suggested controller benefits from new interval type-3 fuzzy logic, allowing the control synthesis to improve the quality of closed-loop response and robust performance. The adaptively learned backstepping controller based on FC is employed to analyze the convergence and robustness. Various simulations are proposed to ensure the efficiency of the fuzzy-based control law and adaption rules.

Information Costs and the Civil Justice System

Abstract Litigation is costly because information is not free. Given that information is costly and perfect information prohibitively costly, courts will occasionally err. Finally, the fact that information is costly implies an unavoidable degree of informational asymmetry between disputants. This paper presents a model of the civil justice system that incorporates these features and probes its implications for compliance with the law, efficiency of law, accuracy in adjudication, trial outcome statistics, and the evolution of legal standards. The model’s claims are applied to and tested against the relevant empirical and legal literature.

Synthesis of control laws for magnetic levitation systems based on serial invariant manifolds

<span lang="EN-US">In this paper, a nonlinear controller is designed for a magnetic levitation system (MLS) based on serial invariant manifolds. Synthesized controller based on method of synergetic control theory (SCT) through invariant manifolds, asymptotically stable. In this method, the control law is synthesized to ensure the motion of the closed-loop control object from an arbitrary initial state into the vicinity of the desired invariant manifold. Thereby, the control system not only ensures the necessary control quality, but also ensures the asymptotic stability of the entire system. The quality and efficiency of the control law is proven through simulation results and comparison with the sliding mode controller (SMC).</span>

ARE THE INTERESTS OF BUSINESS ACTORS AND CONSUMERS BALANCED IN THE INDONESIAN COMPETITION LAW?

This paper aims to provide a critical analysis to the relations between economic efficiency and justice as the objectives of business competition law in Indonesia within the framework of legal philosophy. Philosophical aspects explores view on equal opportunities for every citizen in their business behavior, relation between the principles of justice and efficiency considering that in the Law 5 of 1999 there is no any word “justice” mentioned. Several related schools of legal philosophy will use to analyse the problems, such as, Utilitarianism in dissecting the phrase "public interest and welfare", John Stuart Mill's theory of lliberty in examining "equal opportunities for citizens", The article uses the legal research by emphasising the critical analysis on economic efficiency and justice principles in Indonesian competition law and compare FTC. Article 3 of Law Number 5 of 1999 aims to improve economic efficiency as one of the efforts to improve people's welfare. From a philosophical point of view, people's welfare law is closely related to the "greatest benefit for the greatest people" (Jeremy Bentham). However, if we look at the interests between business actors and consumers, thiscondition can still be seen that the interest in efficiency still prioritizes the interests of business actors. Fulfilment of consumer justice is only placed as an "object" rather than a subject whose rights must be protected due to violations of business competition.

THE BUSINESS JUDGMENT RULE (PART 1)

The office of director, by its very nature, imposes duties and responsibilities on its bearer. Taking into account the characteristics and nature of companies, it is inevitable that the scope of directors’ activities varies from company to company. A director, irrespective of the individual personality of the company, owes the company the duty of care and skill. Coupled with the duty of care and skill much emphasis, particularly in the 21st century, has been placed on the concept of corporate governance. It is within this context that the personal liability of company directors for mere errors of judgment must be considered. The object of part one of this article is to examine the characteristics of the American business judgment rule. Part 1 explores the origin of the rule and takes into account the various purposes that the rule fulfills in American law. The law relating to director liability in America is examined and the place of the business judgment rule in an American context is considered. Attention is paid to the rule’s basic requirements, the application of the rule and the subsequent consequences of the application thereof. Where possible, the requirements of the rule are illustrated through a discussion of case law. In part 2 the South African position relating to the director’s common-law duty of care and skill is considered. The Companies Act, recommendations of the King Committee, and the Department of Trade and Industry’s report on corporate lawreform are taken into account. The efficiency of the current law in South Africa is evaluated in light of the advantages and disadvantages of the importation of a foreign legal rule into South African law. In the conclusion an assessment is made of whether it is indeed desirable or necessary to import the business judgment rule into South African law.

THE BUSINESS JUDGMENT RULE (PART 2)

The business judgment rule entails that courts should not hold a director liable for a decision that produces poor results in the circumstances in which the director made the decision in good faith, with care and on a informed basis, which the directorbelieved was in the best interest of the company. This article considers the South African position relating to the director’s commonlaw duty of care and skill. The Companies Act, recommendations of the King Committee, and the Department of Trade and Industry’s report on corporate law reform are taken into account. The efficiency of the current law in South Africa is evaluated in light of the advantages and disadvantages of the importation of a foreign legal rule.A closer examination of the characteristics of the business judgment rule and the South African law relating to director liability will reveal whether it is essential to implement the rule in South Africa. In paragraph 3 a conclusion is drawn and an assessment made of whether it is indeed desirable or necessary to import the business judgment rule into South African law.

Algebraic approaches for designing control laws of time‐constrained networked conflicting timed event graphs

This paper outlines a new control synthesis procedure for Networked Conflicting Timed Event Graphs (NCTEGs) to satisfy upper time bounds imposed on certain critical paths. Switching Max-Plus models are used to describe the NCTEGs behaviour and temporal constraints are expressed by linear Max-Plus inequalities. Sufficient conditions for the existence of control laws to guarantee these strict time constraints are established for both cases of NCTEGs; fully observable and partially observable NCTEGs. The computed control laws are feedback gains that can be represented by control places which supervise the system to prevent from violating of temporal constraints. Finally, a case study is given to illustrate the proposed approach and to show the efficiency of the developed control laws.

Are We Vulnerable? Climate Risk Perception and Vulnerability of Small and Medium Size Agricultural Enterprises in China

ABSTRACT As management is critical in a company’s strategic development and operation, managers are the main decision-making body of small and medium size agricultural enterprises in response to climate change, it is essential to understand and improve the level of climate risk perception as well as perceived climate vulnerability of corporate directors. Climate risk perception stresses risk identification while perceived vulnerability highlights risk management. Through literature review, the research proposes a measurement method for climate risk perception and perceived vulnerability of corporate management, constructs their influencing factors index system, and employs an online questionnaire to collect data for quantitative analysis. The study finds influencing factors of climate risk perception of managers include individual education level, environmental values, environmental concern, enterprise operation capability, and exposure to media. Contrary to research findings of objective vulnerability, objective adaptability of enterprises exerts no significant impact on enterprise vulnerability; whereas climate risk perception and perceived adaptability of managers impact on enterprise vulnerability negatively. To reduce the vulnerability of agricultural SMEs under climate change, this research urges to improve climate risk perception of managers by tailored climate information dissemination through diversified media channels and improve the efficiency of environmental laws and regulations. Keywords: Risk perception, Perceived vulnerability, Climate change, Management personnel, Agricultural enterprises

Comparative exergy and energy analyses and optimization of different configurations for a laundry purpose

Energy usually plays a critical role in the development of a country. With the gradual decrease of available traditional fuel reserves and air pollutions problems that being followed by using them, the need to replace alternative renewable and sustainable options to decrease our dependence on fossil fuels has drawn attention. Biomass is a kind of reliable renewable energy that is used to derive combined heat and power systems known as the Organic Rankin Cycle (ORC). This paper presents of exergy analysis of three cycles which have been modeled by EES software for a laundry that needs 32 (kW) power and 2500 (kg/h) 65 (Co) hot water which hot water is our main goal in this study. In RC (gas fuel) and ORC (biomass fuel) power which is produced provides part of electricity needed in the laundry but for Boiler Proving Hot Water (BPHW) the whole electricity needed is bought from the grid. R245fa is a friendly environmentally organic fluid that is used in ORC as a working fluid. The result of this analysis shows for the same conditions the most exergy destruction occurs in the boiler and the least in the pump in three cycles. It also shows the most efficiency of second law respectively is belongs to RC, ORC, BPHW with 0.21%, 0.16%, 9% total efficiency respectively. Moreover, by utilizing EES software and genetic algorithm all of the configurations have been optimized and compared.

EFEKTIFITAS UNDANG-UNDANG NO 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK SEBAGAI UPAYA PENANGGULANGAN TINDAK ASUSILA BERBASIS TEKNOLOGI (CYBERSEX)

Abstract: Cybersex is an intimate activity carried out through electronic media. The nature of this Cybersex act itself is a non-violence crime where this crime causes the victim to be invisible or invisible, thereby reducing the fear of this crime. even though the consequences of cybersex itself are very large. In order to protect the victims and deter the perpetrators of this cybersex act, good laws and regulations are needed. In this case, Law No. 11 of 2008 concerning information and electronic transactions is the main regulation in mediating cybersex problems that are happening in society. However, whether legislation no. 11 of 2008 concerning information and electronic transactions has been efficient in tackling cybersex problems that occur in the community or is the regulation made only as a mere formality and has not been able to become a government effort in tackling cybersex actions. The purpose of this study was to examine the efficiency of Law No. 11 of 2008 concerning information and electronic transactions in dealing with cybersex problems. In this study, the researchers used a descriptive analytical method, which relates the current rules and relates to the problems that the researcher has described. This research examines the government's efforts, inhibiting factors and the application of sanctions as social control which is linked to Law No. 11 of 2008 concerning information and electronic transactions.Keywords: Efficient, Law, Cybersex.

Law and Person: Modernity and Forecasting

This study will investigate the efficiency of law, considering the relevant objective and subjective factors. The authors would like to emphasise that in no case this publication is intended to cast doubts on the universality of legal provisions, but rather, on the contrary, to emphasise it; as well as to emphasise what modern law must demonstrate nowadays, so that no such doubts arise in relation to this paper. The law itself is not effective – it is free people, who are subjects of law in their relations. A free person is an intelligent being who has the will, the gift of thinking, is capable of producing tools and can consciously use them. However, the mere biological in human does not define it as a person. Personality is described by a combination of biological content and social qualities. That is why the latter acts as a legal subject that embodies the legal existence, the principle of law, and acts as its carrier and implementer. An important issue in this context is the clear delineation of concepts such as progress, progressive change, and the usual (appropriate) standardisation, the proper performance of a certain phenomenon of its mandatory functions. In this study, the authors will try to answer the extent to which the law demonstrates its relevance in the life of the average person, civil society, the state to address certain contemporary issues.

Nonlinear integral coupling for synchronization in networks of nonlinear systems

This paper presents a novel approach to (controlled) synchronization of networked nonlinear systems. For classes of identical single-input–single-output nonlinear systems and networks, including oscillator networks, we propose a systematic design procedure (with generic as well as constructive conditions) for specifying nonlinear coupling functions that guarantee global asymptotic synchronization of the systems’ (oscillatory) states. The proposed coupling laws are in the form of a definite integral of a nonlinear “coupling gain” function. It can be fit to the system’s nonlinearities and, thus, can avoid cancelling nonlinearities by feedback or high-gain arguments commonly needed for linear (diffusive) coupling laws. As demonstrated by two examples, including a network of FitzHugh–Nagumo oscillators, this design can result in much lower synchronizing coupling gains than for the common case of linear couplings, therewith increasing energy efficiency of the coupling laws and reducing output-noise sensitivity. The resulting coupling structure can be of a varying type, when couplings are activated/deactivated depending on the systems’ outputs without undermining overall synchronization. The approach is based on a novel notion of incremental feedback passivity with a nonlinear gain. In addition to the design contribution, these results provide a new insight into potential synchronization mechanisms in natural and artificial nonlinearly coupled systems.

Energy and Exergy Analysis in a Centrifugal Pump Driven by a Diesel Engine Using Soybean Biodiesel and Mixtures with Diesel

Soybean biodiesel and mixtures with diesel are used as fuel in a diesel engine that drives a centrifugal pump. The consumption useful work rate, the reversible work rate and the efficiency of the second law of thermodynamics were calculated using an energetic and exergetic analysis. The soybean biodiesel was produced using ethanol in the proportion of 33% v/v and the catalyst NaOH (1%), obtaining a yield of 90,63%. The fuels used were diesel (B0); 25% soybean biodiesel and 75% diesel (B25); 50% soybean biodiesel and 50% diesel (B50); 75% soybean biodiesel and 25% diesel (B75) and soybean biodiesel (B100). The properties density and kinematic viscosity were within the established limits of the National Agency of Petroleum, Natural Gas and Biofuels. A value of 39017 kJ.kg-1 was obtained, for the higher heating value of the soybean biodiesel (B100). It was obtained 32,05% of maximum efficiency of the second law, in the case of soybean biodiesel, at maximum pump speed and at 9,2 m3/h. For the B50 fuel, it was obtained 29,78% of maximum efficiency of the second law when the centrifugal pump operated at 2733 rpm and at a maximum flow rate.

ASPEK HUKUM TINDAK KEKERASAN TERHADAP PESERTA DIDIK OLEH PENDIDIK DALAM PERSPEKTIF HUKUM PIDANA DAN HUKUM PIDANA ISLAM

Structural violence is systemic and invisible violence, but destructively breeds extreme, widespread and long-term poverty, death and suffering for children. Structural violence, often referred to as system abuse, can be corrupt practices, collusion and nepotism (KKN), repressive control, monopolistic and exploitative economic practices that harm the state, and in turn create socioeconomic conditions that give birth to and nourish the roots of poverty and social violence against children. One of the portraits of structural violence is child and woman trafficking. They are generally traded for employment in illegal and dangerous places, such as in wild mining, nightlife and prostitution. The problem of the lack of efficiency of various laws (uu) and presidential decrees (Keppres) is as a guarantor of the implementation of child protection assigned in the regulation has no role, and only revolves around cases and penalties, so that interested parties do not receive their rights reasonably. If it already exists then the authorities provide protection against cases of receiving child abuse treatment is actually implemented, then there is no longer any reason for the authorities to protect the party not to carry out its human obligations. This research is done by building a theory that refers to the provisions of the laws and regulations, the opinions of legal experts written in books or scientific journals of legal science. In the research, it also takes the opinion of practitioners, both those who are state apparatus, law enforcement and legal practitioners who are known to be consistently within the scope of criminal law. The research specification is descriptive analytical because the study will reveal and analyze the legal symptoms that exist at this time. In this study described various problems and facts related to reform and criminal law policy.

Upravno pravo na prekretnici i pravna priroda upravnih aktivnosti: Osvrt na neke osobenosti nadzora nad delatnošću osiguranja u Srbiji

Administrative law is increasingly faced with various challenges and growing social needs that require innovative solutions. The demands of social groups for greater efficiency of administrative law are expressed in the constitutional framework of the jurisdiction of the legislative, administrative and judicial authorities. At the same time, the legal nature of various types of administrative activities is being searched. Some of them are regulated for the first time by the new Law on General Administrative Procedure, thus becoming the subject of scientific and practical analysis. Persons carrying out administrative activities shall apply the standards of administrative procedures to which the insurance supervisory authority is also bound. The Law on Insurance, the Law on the National Bank of Serbia and regulations governing special administrative procedures regulate the legal position of the insurance industry and the National Bank of Serbia’s supervisory and regulatory powers. The Insurance Law stipulates the Administrative Court cannot resolve an administrative matter in a dispute of full jurisdiction,