Enforcement Of Terms Research Articles

Правова природа праці засуджених, її цілі, завдання та особливості регулювання

This article will examine the legal nature and highlight the problematic issues of involving convicts serving a term of imprisonment in socially useful work. The goals and tasks of socially useful work as a means of correction and resocialization of such convicts are disclosed. The article formulates proposals for improving the current criminal law enforcement in terms of legal regulation of the application of community service to convicts serving prison terms. In the work, the author drew attention to the fact that one of the important components of the normal functioning of any socie. Work is the primary basis and necessary condition for the life of people and societies. Work primarily shapes a person, educates his will and character traits. It should be noted that work is not only a means of biological development of a person, but also a tool for continuous development, formation of personal needs, contributes to the growth of his abilities, skills and the ability to use them. The author believes that it is necessary for the state to provide adequate material and financial support for penal institutions, to provide convicts with the opportunity to choose the desired field of activity, in accordance with their specialty and wishes, to ensure the appropriate level of remuneration and to create the necessary conditions for it. All this will contribute to the convict's positive attitude towards work, his own desire to engage in it in order to return to society as a full-fledged member of it. Taking into account the main provisions about the role of work in the development of society and the formation of human consciousness, it is one of the main means of correction and resocialization of convicts.

Traffic compliance effect of more women behind the wheel: Pride or prejudice?

Driving offences can cause road accidents with serious outcomes and are a topic where differences in attitudes and behaviour can be found between sexes. While men are more prone to taking risks and, statistically, are involved in a greater number of traffic accidents, even today, sex stereotypes persist with women regarded as worse drivers. To explore the truth behind the myth, this study analyses how the increase in the number of females in the driver census in Spain, could impact the effectiveness of traffic law enforcement in terms of traffic offences recorded by the traffic police (including the main violations such as passive safety feature use, speed limits and drunk driving) while considering a set of control variables related to the quality of infrastructure, legal reforms and other socio-economic attributes. The results point to Spanish women paying closer attention to traffic regulations, behaving more carefully, which should be considered in designing specific preventive policies and road safety awareness strategies.

EU antitrust in support of the Green Deal. Why better is not good enough

Abstract The European Union (EU) Commission proposes to ‘green up’ its enforcement of Article 101(3) TFEU to allow producers to collectively overcome so-called first mover disadvantages that would result from inefficient market regulation. The Commission's reboot focuses on the last three exemption conditions. First, the consumer benefit condition is customized to use collective consumer benefits to determine whether consumers receive a ‘fair share’ of the benefits established under the efficiency condition. Here, the Commission bypasses the Dutch proposition to also take account of non-consumer benefits when investigating whether consumers are compensated for anticompetitive harm. Second, the indispensability condition is tasked to filter out greenwashing. Third, the residual competition condition is trusted to allow private collective action insofar it does not eliminate competition on price and/or innovation. Discussing both EU and Dutch proposals, this article finds that greening up Article 101(3) brings competition policy outside the limiting principles that define objective and effective competition enforcement in terms of voluntary exchange.

The Concept of Non-Residential Premises: Public Law Aspect

The paper deals with the concept of premises used by public branches of law from the point of view of urban planning law. The study is original in that that in literature premises are studied primarily considering the possibility to act as the subject of civil law transactions. This paper reveals the meaning invested by the legislator in the concept of premises from the point of view of administrative, urban planning, criminal legislation, norms on safety of buildings and structures, sanitary norms and rules. Can there be premises as part of non-permanent structures? How does this relate to the real estate regime? Can there be one-room premises? It depends, for example, whether a trade pavilion needs to be equipped with a fire alarm, whether it is possible to smoke on the summer veranda of a public catering facility, whether it is necessary to equip the pavilion with air recirculation systems, and much more. How to understand what is in front of us: a separate premises or part of other premises? The possibility of cadastral registration and the technical equipment of the premises depend on this. Can the premises be non-isolated, but passable? This issue has long been faced by the practice of law enforcement in terms of cadastral registration of non-residential premises. The author considers what role the purpose of the premises has: firstly, the possibility of independent use, and secondly, the presence of a functional purpose. So, as an illustration, the question is being investigated, what will happen if you place a nightclub in a warehouse, and a medical facility in a former shop? The paper also compares the legal regime of premises as an object of civil law with the legal regime of premises as an object of public law. The general legal features of non-residential premises, characteristic of many branches of public law, are revealed.

Self-produced images, sexting, coercion and children’s rights

Converging sources of data would suggest that the volume of images and videos which involve minors is increasing and places a burden on law enforcement in terms of victim identification as well as prosecution. The terminology used in relation to these activities is problematic, as reference to self-produced sexual images would seem to result in victim-blaming. While there is an acknowledgement that there are diverse motives in the creating and sharing of this content, in many jurisdictions these images are seen as meeting the criteria for illegality and may result in prosecutions under child pornography legislation. This potentially criminalises (or at least problematises) the consensual creation and sharing of sexually explicit content between minors. Concerns regarding this sit alongside growing disquiet that this disregards children’s rights to sexual autonomy and decision making.

Legal Protection of Investors from the Corporate Malfeasance of Insider Dealings: A South African-Canadian Comparative Review

Ensuring market discipline, integrity, and transparency with the overall aim of protecting the investing public is critical to the wellness of a capital market and a financial system. However, one corporate ill besetting the securities markets in all jurisdictions is insider trading. Apart from being unethical, insider trading disrupts market dynamics. In South Africa, over the years, successive Acts have been enacted, amended, and repealed to ensure discipline and protect the integrity of the nation’s securities market. In 2012, the Financial Markets Act of 2012 (FMA) was enacted to improve, among others, the enforcement of insider trading regulation in South Africa. However, the regulation of insider trading and its enforcement in terms of the FMA have been insufficient. This article therefore seeks to benchmark the South African position against Canadian model with the objective of drawing lessons for South Africa. The choice of Canada was informed by the fact that Canada has a well-developed anti-insider trading regulatory framework and presents a case study of international best practices in the regulation of insider trading. Therefore, the conclusion in this article is that with creative and appropriate reforms of the FMA, using the Canadian model, the investing public will be adequately protected against insider trading, and investors’ confidence and the financial markets’ integrity and efficiency will be better enhanced.

The association between police officers in schools and students’ longer term perceptions of police as procedurally just

AbstractResearch SummaryMuch debate exists regarding the use of police inside schools and their impacts on students. Some argue that the use of School Resource Officers (SROs) could foster positive perceptions of police. However, no research exists examining whether SROs affect perceptions of police later in life. Further, research has not evaluated how differing SRO roles impacts lasting perceptions of police. Using a regression analysis on a sample of 328 college students, this study investigated whether there is a relationship between SRO presence during the middle‐ or high‐school years and current perceptions of local law enforcement in terms of procedural justice (neutrality, voice, trust, respect). Additionally, we compared the impacts of various SRO roles including an enforcement only approach, a mixed approach (i.e., law enforcement and an additional activity such as teaching) and a full triad approach (i.e., law enforcement, teaching, and mentoring) on these perceptions. The results reveal differential impacts on perceptions depending on whether the SRO was used in middle versus high school as well as the role typology of the SRO. Though small, there were mostly negative relationships between SRO presence in middle school and lasting perceptions of procedural justice for local police, though the use of a full triad model mitigates this negative effect. In contrast, SRO usage in high school has small yet positive effects on longer term perceptions of police, but only when performing a mixed or full triad approach.Policy ImplicationsPolicy makers and school administrators should reconsider the use of SROs in middle schools as the exposure to these officers early on is associated with more negative lasting impressions of police. However, the use of SROs in high schools can be beneficial for fostering long‐term perceptions of police so long as these officers are engaged in activities beyond pure law enforcement.

Review of the Positions of the Ukrainian Supreme Court on Maritime Law Disputes (Administrative Jurisdiction)

The present paper provides an overview of the legal positions of the Ukrainian Supreme Court on maritime disputes within the framework of administrative jurisdiction. In this class of cases, disputes arise about the performance or non-performance of public administration functions or the provision or non-provision of administrative services in matters related to navigation, fisheries, seaports functioning, environmental protection in the coastal waters, etc. Mainly, this paper focuses on the cases concerning prohibitions for ships to call out from a port, services provided by harbormasters, pollution of coastal waters, and fishing. In addition, special attention is paid to disputes related to the legal regime of seaports enforcement in terms of the performance of functions of port authorities and other agencies entitled to various types of controls in the port (in particular, environmental).

Towards Convergence of AI and IoT for Smart Policing

With the fast growth of IoT and AI techniques, AIoT’s potential in creating and capturing business value is being increasingly acknowledged. AIoT is the practice of combining AI with IoT-based hardware to proactively predict what might happen and what action needs to be taken. However, research on this issue has been limited and what the key mechanisms for designing AIoT based context-aware services are in the real field is still underexplored. In this article, we bridge this gap by studying a case study of AIoT based context-aware system in law enforcement in terms of information system artifacts to extend our understating of the AIoT based system’s mechanisms for business applications. Our case study reveals a conceptual model that can ensure AIoT empowered context-aware services in a police field unit. The implications, limitations, and future applications of the development of AIoT empowered context-aware services are discussed.

THE ERADICATION OF CORRUPTION AND THE ENFORCEMENT OF THE LAW IN INDONESIA AS SEEN THROUGH THE LENS OF LEGAL PHILOSOPHY

Corruption is a product of the attitude of life of a group of people who use money as a standard of truth and as absolute power. Corruption has been going on for a long time, since the times of Ancient Egypt, Babylonia, Rome until the Middle Ages and until now. The purpose of this study is to determine the eradication of corruption and law enforcement in terms of the perspective of legal philosophy as a philosophy of implementing positive law in Indonesia. This study is normative legal research with descriptive method which explains that this legal research is carried out using primary legal materials, secondary legal materials and tertiary legal materials. Philosophy of Law which is the basic foundation of thinking in the application of any applicable legal rules and is considered in many branches of science gets special attention on the enforcement of corruption which should be done in eradicating corruption so that enforcement is not only based on written rules alone in eradicating but the eradication of corruption animates law enforcement in enforcement of corruption, written laws can be regulated, but these rules can be implemented by the implementers so that when the rules apply at the time of a criminal act of corruption, they can be in line with what has been written in the laws and regulations.

Redress for consumers in terms of the Consumer Protection Act 68 of 2008: The watchdog’s failure to support an accredited industry ombud - alternative suggestions

In this contribution, available avenues of consumer redress in terms of the Consumer Protection Act 68 of 2008 (“CPA”) are discussed. The majority of complaints heard by the courts and the National Consumer Tribunal (“NCT”) regarding defective goods entail second-hand cars. These include cases of suppliers’ contempt of findings by the Motor Industry Ombudsman of South Africa (“MIOSA”) in terms of section 70(3)(a), as well as instances where the MIOSA terminates the section 70(2) process and the consumer approaches the National Consumer Commission (“NCC”) in terms of section 71. Processes in the Consumer Protection Act 68 of 2008 are not clearly delineated, leading to unnecessary cross-referrals between different redress mechanisms, such as the MIOSA, the NCC and provincial protection authorities and consumer courts. The NCC’s approach, which is not supported by the CPA, is to avoid investigating individual consumer complaints. The NCC consistently refers matters back to either a different or the same alternative dispute resolution agent, in conflict with the caveat in section 72(1)(b). Many NCT decisions indicate that the NCC issues notices of non-referral without due justification, thereby compelling consumers to approach the NCT, if permitted, or consumer courts for relief. The interplay between the MIOSA, the NCC and provincial consumer courts is discussed, the effect of which frustrates the aim of effective and efficient redress and enforcement in terms of the CPA. An alternative route to ensure the enforcement of consumer rights and redress is suggested, in terms of which the NCC should focus on the outcome of the investigation and use section 73(1)(c)(iii) to refer matters to consumer courts in terms of section 73(2). The advantages of such referrals are indicated. It is shown that the successful outcome of consumers’ claims, where the supplier engages in prohibited conduct, depends on the appropriate application of the relevant sections of the CPA.

Features of the Qualification of the Crime Under Article 184 of the Criminal Code of the Russian Federation on the Grounds of the Objective Party

The article deals with the issues of qualification of Article 184 of the Criminal Code of the Russian Federation, based on the features of its objective side. The analysis of the key features of this crime in relation to the elements of official crimes is undertaken. The proposals for improving law enforcement in terms of assessing socially dangerous acts provided for in Article 184 of the Criminal Code of the Russian Federation are formulated. To achieve this goal, the current criminal legislation, explanations of the Plenum of the Supreme Court of the Russian Federation, as well as scientific works on the topic of the work are analyzed. The methodological basis consists of general scientific provisions of philosophy, logic and other sciences, dialectical, formal-logical, hypothetical, and linguistic methods. A special place in the study was occupied by such methods as analysis and synthesis, induction and deduction.

An overview of Prevention through Design (PtD): The architect’s role in the lifecycle of building safety performance

The notion of Prevention through Design (PtD) has been used extensively to mitigate any potential hazard and minimize residual risks during the early design phase. However, there are hurdles in implementing the PtD concept, such as lack of enforcement in terms of legislation and guideline, thus decreasing architects’ responsibilities towards implementing PtD in the design and planning stage. Therefore, the review was motivated to highlight the PtD concept and the architect’s responsibility to build safety performance throughout its entire lifecycle. The finding of this paper reveals the themes that influence the role of architects towards adopting the PtD concept, which in turn affects the safety of the whole building lifecycle. Since this paper focuses solely on the role of architects, further development of the topic can be aimed towards other roles of consultants.

Act Of Settlement By Investigators Against Alleged Adultery

Abstract: This study aims to determine the resolution by investigators to the alleged adultery. The method used in this study is an empirical or sociological research methodology. This study used a qualitative approach and sampling using Purposive Sampling and used descriptive analysis techniques. The results of this study show that the settlement of suspected criminal acts of adultery in the jurisdiction of the Gorontalo Police is carried out with Preventive Efforts, namely socialization or counseling in each village and village. Then the Gorontalo Police often patrols to order or prevent acts prohibited by law including adultery behavior and the form of repressive efforts carried out by the police or investigators of the Gorontalo Police is through investigations, arrests, investigations, until it reaches the judiciary which is then decided by the judge. The repressive efforts made by the police are based on the preliminary evidence that exists because this adultery case is a complaint that can certainly be dismissed because of the party being harmed or caught by Tanagan. Investigators must be more courageous in providing stricter and more straightforward law enforcement in terms of cracking down on the crime of prostitution or in other words adultery.

Tendencies of the Contractual Regulation of Family Property Relations between Spouses with due regard to the Development of Legislation and Judicial Practice

The author makes an attempt to determine tendencies for the development of the legal regulation of property relations between spouses based on the approved amendments and expected changes in the legal regulation, established jurisprudence and with due regard to the goals of family law regulation and models of contractual regulation of property relations between spouses enshrined in positive law. The paper considers in detail the following trends: enforcement and development of provisions concerning contractual regulation of property relations between spouses and their common property, law enforcement and development provisions concerning contractual regulation of the property relations between spouses for the provision of mutual maintenance.The author comes to the following conclusions. Firstly, the family law regulation of contractual relations concerning the common property of spouses and law enforcement as a whole comply with the goals of the family law regulation. Secondly, civil law regulation and law enforcement in terms of contractual property relations between spouses strengthen the "pro-creditor" approach and limit contractual freedom of spouses. Thirdly, the prospects for regulating the legal and contractual regime (with the stronger "pro-creditor" approach) may result in changes in the systemic interpretation and law enforcement of provisions concerning the contractual regulation of spousal property and they can contradict the goals of family law. Fourthly, the regulation of contractual relations between spouses concerning maintenance shows sufficient stability and general conformity with the goals of family law regulation, but does not exclude the search for options to expand its limits through the rules of the Family Code of the Russian Federation, while the practice of applying these provisions indicates a "pro-creditor" approach and non-compliance with the goals of family law regulation.

JURIDICAL REVIEW MOTOR VEHICLE NOISE THRINGS IN INDONESIA'S POSITIVE LAW

As referred to in Article 106 paragraph (3) in conjunction with Article 48 paragraph (2) and paragraph (3) shall be sentenced to a maximum imprisonment of 1 (one) month or a maximum fine of Rp. 250,000.00 (two hundred and fifty thousand rupiah). As for the formulation of the problem in this study is HowMean Motor Vehicle Noise Threshold, HowJuridical Overview Motor Vehicle Noise Threshold, and HowLegal SettlementMotor Vehicle Noise Threshold in Indonesian Positive Law. The method used is normative legal research. Data sources consist of primary legal materials, secondary legal materials, and tertiary legal materials. In this study the data were analyzed qualitatively and in drawing conclusions the authors applied the method of deductive thinking. Based on the results of the study it is known thatMean Motor Vehicle Noise Threshold that is in the Regulation of the State Minister of the Environment Number 7 of 2009 concerning the New Type Motor Vehicle Noise Threshold. In the attachment of the Minister of Environment Regulation Noise Threshold confirms that the motorcycle noise threshold under 175cc is 80 dB and above 175cc is 83 dB.Juridical Overview Motor Vehicle Noise Threshold that in Article 285 of Law Number 22 of 2009 concerning Road Traffic and Transportation paragraph (1) that everyone who drives a Motorcycle on the Road that does not meet the technical and road-worthy requirements which includes rearview mirrors, horns , headlights, brake lights, directional lights, reflecting devices, speed measuring devices, exhaust, and tire groove depth as referred to in Article 106 paragraph (3) in conjunction with Article 48 paragraphs (2) and (3) shall be punished with imprisonment for a maximum of 1 (one) month or a maximum fine of Rp. 250,000.00 (two hundred and fifty thousand rupiah). Legal SettlementMotorized Vehicle Noise Threshold In Indonesian Positive Law that in taking action by law enforcement in this case the police and the Transportation Agency in carrying out enforcement in terms of noise testing, they never test how much noise is produced and law enforcers do not have the tools to measure the noise level generated from exhaust of motorized vehicle users on the highway.

AUTOMATED DECISION-MAKING SUPPORT SYSTEM FOR QUALIFICATION OF CRIMINAL OFFENSES AS AN ELEMENT OF HUMAN RIGHTS HEALTH PROTECTION SYSTEMS

The aim: 1) To develop an informative model of the process of automated qualification of criminal offenses against human health for countries with a continental legal system; 2) on the basis of information model to create a decision support system in the form of a software product in terms of qualification of a criminal offense against human health. Materials and methods: The information model of the process of automated qualification of a criminal offense against human health was developed using the BPMN method on the basis of European countries’ legislation with a continental legal system. According to the information model, a decision support system was developed in the form of a software product. Results: 1. An information model of the process of automated qualification of criminal offenses against human health for countries with a continental legal system has been developed. 2. A system of decision support in the form of a software product as an element of law enforcement in terms of qualification of a criminal offense against human health. Conclusions: The proposed decision support system for automated qualification is a means of preventing unreasonable qualification of committed offenses as it minimizes the errors of this process. As a result, it will increase the preventive effect and the quality of law enforcement work to prevent crimes against human health.

LEGAL SCIENCE IN THE CONDITIONS OF MODERN CHALLENGES AND THREATS

Purpose: to highlight the importance of legal science in the life of Ukrainian society in face of modern challenges and threats. Methods: analysis, synthesis, induction, deduction, abstraction, concretization, generalization. Results: author’s conclusions about the need to revise the worldview base of scientific research within the concept of legal science. Discussion: underestimation of the role of legal science, role and lack of proper justification of public administration reforms have negatively affected the current state of lawmaking and law enforcement. Legal science is a type of cognitive activity and a powerful element of the organizational and legal mechanism of management. Increasing the level of theoretical and legal research, the disclosure of the deep patterns of legal regulation are inextricably linked with the solution of specific practical problems. Politicization, lack of new legal paradigms, focus only on modernization of legislation, underestimation of potential categories of legal understanding to solve practical problems of social transformation and awareness the realities of legal reality, growing tendencies to legal nihilism and legal idealism, low innovative potential and research basis, point to weaknesses of modern legal science. These are the challenges and at the same time threats, overcoming of which requires a revision of the worldview base of scientific research, development and adoption at the state level of a scientifically sound concept of its own development. Modern domestic legal science should: 1) become the foundation of lawmaking and law enforcement in terms of scientific justification, expediency and effectiveness, study and generalization; 2) ensure systemic, balanced and internal coherence of legislation.

Financing in International Trade; a Reference of Legal Measures

Letters of credit and bank guarantee are important instruments of international trade financing. These instruments are the documentary credits. Letter of credit and bank guarantee have two fundamental principles; one is the doctrine of strict compliance and another is the autonomy of the credit. A first principle follows enforceability of terms and conditions of letters of credit and demand guarantee strictly and second principle respects the letter of credit and demand guarantee as a separate contract. Although same contractual principles are applicable for demand guarantee, it is paid to beneficiary by the bank if the buyer of the guarantee makes default. These are much essential instruments of contemporary transnational trading system. Despite it, cash in advance, documentary collection, bank transfer, barter or counter-trade systems are used in the payment of international trade finance.

An Old Procedure with new Solutions for the Rule of Law Crisis

Suggested citation: 
 Franziska-Marie Laura Hilpert, 'An Old Procedure with new Solutions for the Rule of Law Crisis' (2019) 2(2) NJEL 1.
 While commentators for the past years, have highlighted that there is no effective enforcement mechanism after accession for the values of the European Union which are enshrined in Article 2 TEU, the Juncker Commission has announced in 2017 that it will be ‘bigger and more ambitious on big things, and smaller and more modest on small things’ thus applying a more strategic approach to enforcement in terms of handling infringements. This Article thus analyses two cases brought by the Juncker Commission after 2017 and on their bases seeks to show that the infringement procedure, when applied strategically, is and remains an effective enforcement mechanism even for the values enshrined in Article 2 TEU in the ‘rule of law crisis’. Thus, by way of analysis of the case C-619/18 Commission v Poland and its comparison with similar cases which have not been as effective, it is shown how the infringement procedure can prevent the enforcement of the most controversial provisions regarding the judiciary in Hungary and Poland and ensure the separation of powers, which is essential for the rule of law. Moreover, by comparison of the Commission’s request and the decision of the Court of Justice of the European Union in C-235/17 Commission v Hungary it is shown how the Charter could become a significant legal instrument in the Commissions infringement policy towards Member States that are undermining fundamental rights and the rule of law. This Article thereby aims to contribute to the discussion on how to effectively enforce the values of the EU enshrined in Article 2 TEU through an existing enforcement mechanism.