Enforcement Procedures Research Articles

ADOPTION WITHOUT TEARS: APPRAISAL OF THE LEGAL REQUIREMENTS IN NIGERIA AND OTHER JURISDICTIONS

The successes of most African marriages are largely predicated on child bearing. The discovery of childlessness in marriage often comes with psychological and physical torture, sometimes resulting in self-blame and seeking possible options, one of which is adoption. Adoption is a unique mode of establishing a family relationship between a person and a child of a known or unknown parentage with a view to making such a child legally that of the adopting parent. Adoption allows persons to legally assume the role of parenthood over a child that is not biologically borne by them. The reason for which a person may wish to adopt could range from infertility to need to get a particular sex or provide companionship for an only child, to stabilize a childless marriage, or to provide care for children who have been abandoned or rejected, or to ‘replace’ a dead child. Adoption is not just about picking any child of one’s choice and claiming of ownership. This paper focuses on an appraisal of the necessary procedures to comply with when adopting a child, whether to reside within or outside Nigerian jurisdiction. The doctrinal method of research such as textbooks, journal articles, case laws, internet materials etc. were used to carry out this research. Findings revealed that there are lots of legal gymnastics or hurdles involved which may be difficult to successfully navigate without professional help including the challenge of taking the child outside Nigeria. Therefore, it is recommended that there should be established legal frameworks that promote comprehensive child adoption laws that harmonize internal and international instruments, to back implementation of these laws with needed enforcement procedure.

What Is Not Well Started by the Creditor, Can End Nicely For the Debtor in the Enforcement Appeal

Capricious can prove to be the paths of the forced execution procedure especially when, from the premise situation of a creditor who starts a seemingly valid enforcement procedure, it quickly reaches an outcome opposed to the one he wanted, consisting in canceling the enforcement itself. The passage of time must keep alive the creditor's desire to see his right, recognized by the enforceable title, realised, and in some extreme situations, it must even impel him to act. Losing the notion of time, the creditor also loses the certainty that his wish will be fulfilled, and will assume, as a consequence, the risks supposed by such a procedural attitude. Speaking of the element „time” and placing this element on the legal stage, we are actually talking about the statute of limitations of the creditor's right to obtain forced execution. The present study aims to make a brief presentation of some aspects of practical interest regarding this legal institution - sufficiently effervescent, but which has been and still remains an useful tool for vigilant debtors - by reference to court solutions too.

The Essence of the Concept of “Financial Monitoring” in the Context of Ensuring National Security

The article presents the results of an expert survey of Ukrainian enterprises to identify losses from economic crimes, fraud, and corruption. The scientific approaches to the definition of the concept of “financial monitoring” are analyzed and generalized, which are conditionally systematized into the following groups: system, set of measures, institute, tools, mechanism, security component, a form of financial control. It is established that financial monitoring is mostly understood as a system of legally established information, control, and law enforcement procedures; system of measures of financial, administrative, criminal, and operational-search nature; continuous monitoring system; a set of measures of the subjects of financial monitoring; institute of financial law; instrument of state regulation; economic and legal mechanism in the field of prevention and counteraction to legalization (laundering) of proceeds from crime; component of the system of economic security of the national economy; the specific form of state financial control; component of financial security of the state. On this basis, the author’s approach to the interpretation of this economic category as a tool for national security is based on the implementation of a set of institutional, regulatory, organizational and economic, innovative, investment information measures. The study found that despite some positive legislative initiatives to establish and operate a financial monitoring system in Ukraine, there are still some problems of insufficiently effective regulatory support in this area. Most laws and regulations do not correspond to each other. Some of them are only about guaranteeing national security but do not prescribe general principles of financial monitoring as a tool to ensure national security. Appropriate institutional conditions for the development of a system for preventing and combating the legalization (laundering) of proceeds from crime have not been determined. Appropriate mechanisms for institutional, organizational, economic, financial, and information support for the functioning of the financial monitoring system from the standpoint of national security have not been developed. To solve these problems, the directions of improvement of normativelegal regulation of the development of the financial monitoring system in Ukraine are determined.

Unenforceable Target Movable Property Under Enforcement

Abstract Nowadays, enforcement is one of the crucial elements of justice. Right to the property is guaranteed by the constitution and therefore exercising property rights is one of the key goals of justice, the latter is implemented through effective and efficient enforcement. The present study is mainly dedicated to the specifics of enforcing property rights. Methods used in the research involve qualitative study, the latter encompasses observation of rules and regulations in national and international practices based on primary and secondary legal and historical sources, including official legal documents, court decisions as first-hand material, as well as derived sources such as various articles, monographs, comments on laws and regulations, etc. The comparative method used in the study is aimed at demonstrating differences and similarities of enforcement rules and procedures in different legal systems, revealing their advantages and disadvantages, while practical examples focus on the identification of gaps to lay the path for better legal solutions. The complex scrutiny of the subject to the present research allows to review it from different angles and suggest legal recommendations to raise the efficiency of the enforcement system and subsequently provide a firm basis for justice.

Retraction Note: Analysis on the legal regulation of mountainous plant protection and agricultural waste resources based on the concept of circular economy

The sustainable development of modern agriculture must not only support the sustainable development of the industry itself, but also must realize the recycling of industrial accessories (such as agricultural waste) and the exploitation of potential. As an important part of the development of the concept of circular economy, an important part of circular agricultural technology is the conversion and utilization of waste sources. This is a new type of agricultural technology aimed at pursuing higher efficiency, reducing pollution, and increasing more employment goals. It can be seen that the initiation and implementation of agricultural waste recycling technology is the meaning of sustainable agricultural development. However, with the development of current technology, problems such as the lack of the concept of circular economy and the understanding of the main body of agricultural waste recycling, the incomplete service system, and the lagging of supporting policies and measures have emerged. Consistent with this, this paper uses GrcGIS and other methods to draw a gradient map to ensure that the protection of mountain plants in the mountainous area of City A is implemented at the district/county and city level. This confirms that the diversity of mountain plant protection is consistent at the district/county and city levels, that is, areas with the most species diversity contain more endangered species. Finally, the article expounds the status quo of China’s legal regulation of recycling and the consequences of model analysis, and puts forward the countermeasures and suggestions on China’s legal regulation of recycling, such as legislation, management system, statistical information collection and release system resources, law enforcement procedures, and initial allocation of rights.

Criminal Policy in the Feld of Education

The authors turn to the study of such a concept as "criminal policy", applying this term to the field of education. It is noted that criminal policy is a multifaceted phenomenon that should be considered from different points of view. Firstly, criminal policy is the proclaimed state policy (doctrine) of combating crime, which is reflected in the current regulatory legal acts of the state. Secondly, criminal policy is a scientific doctrine (theory), which is a set of legal, sociological, political, economic, ideological and other knowledge about countering criminally punishable acts. Thirdly, criminal policy is a special type of activity aimed at actively countering crime and other criminogenic antisocial manifestations. The authors identify the following levels of implementation of criminal policy in the fi eld of education: federal, regional and local. According to the researchers the criminal policy in the fi eld of education consists of several directions: the legislative direction, which improves the criminal and criminal-judicial legislation defi ning persons guilty of committing crimes in the fi eld of education, as well as determining the procedure for their punishment; the criminal-executive direction, which is associated with the execution of court convictions and the re-socialization of persons who have served their sentences; and the preventive direction, which is focused on taking measures to prevent crimes committed in the educational environment. In conclusion it is concluded that the criminal policy in the fi eld of education should be understood as the activity of the state aimed at maintaining the eff ective functioning of the institute of education by improving criminal, penal enforcement and criminal procedure legislation, clarifying the procedure for applying established norms and ensuring their high-quality and eff ective execution, carried out at the federal, regional and local levels by methods, means and in the forms of, correlated with the administrative and economic resources of the state and the infl uence on the internal policy of the state of the world community.

Mogućnost zloupotrebe prava u postupku javnog nadmetanja za prodaju nekretnina u izvršnom postupku u pravu BiH

The primary goal of the reformed enforcement law in Bosnia and Herzegovina (B&H) is efficient compensation. However, many impediments exist. In this paper, the authors present some of the problems and potential abuses of procedural rights in the enforcement law of B&H. Two instances of abuse of rights regarding real estate are presented, which can open the doorway to other abuses, as well. Also, the abuse of procedural rights in the enforcement procedure is seen as underexplored in legislation, doctrine and case law. The paper addresses similarities and differences between the entities’ and the Brcko District legal systems regarding the presented abuses, as well as comparative law. It is focused on the analysis of legislation and the interpretation thereof in light of recent case law in B&H and problems arising from it. The identified problems often prevent the goal of the enforcement procedure from being fulfilled. The paper has two parts, each dealing with one instance of abuse. The first part concerns the engineering of the most favourable offer in the bidding. The second part concerns the problem of a fictional offer to purchase real estate in the bidding and the character of the deposit. The paper provides suggestions for amending legislation based on some good legal solutions in the region.

Enforcement Procedures for the AOTA Occupational Therapy Code of Ethics

These Enforcement Procedures help ensure compliance with the Code, objectivity, and fundamental fairness to all persons who may be parties in an ethics complaint. The Code and the Enforcement Procedures are not intended to address private business, legal, or other disputes for which there are other, more appropriate forums for resolution. Whenever feasible and appropriate, AOTA members should first pursue other corrective steps within the relevant institution or setting and discuss ethical concerns directly with persons perceived to be violating the Code before resorting to AOTA’s ethics complaint process. However, the EC will review complaints of unethical conduct that it receives.

AOTA Official Documents in the AJOT Archival Supplement

The following documents are available online in a supplement to this volume of the American Journal of Occupational Therapy. Go to https://research.aota.org/ajot, and navigate to Volume 75, Supplement 3. As this issue of AJOT went to press, additional documents were under review. Readers should check the supplement online for the most up-to-date list of new documents.Role of Occupational Therapy in Pain ManagementOccupational Therapy Scope of PracticeStandards of Practice for Occupcational TherapyAOTA 2021 Standards for Continuing Competence in Occupational TherapyIn addition, the supplement features an updated Enforcement Procedures for the AOTA 2020 Code of Ethics, the Occupational Therapy Curriculum Design Framework, and an updated Guidelines for Contributors to AJOT.

The Law Enforcement Towards Foreign Vessels Which Did Illegal, Unreported and Unregulated Fishing (IUU-Fishing) In Indonesia Fisheries Management Areas

Indonesia gets loss on some fields like economy, ecology, and social because of so many IUU-Fishing practices in Indonesia Fisheries Management Areas (FMA). Law enforcement is needed in handling the problem. Therefore, the aims of the research are : (1) to analyze how the law enforcement of foreign vessels which did IUU-Fishing in Indonesia Fisheries Management Areas (FMA) is inappropriate with the international law and the national law; (2) to explain how the procedure of law enforcement. This research used normative legal research. The result shows that Indonesia will act decisively every foreign vessels which did IUU-Fishing in Indonesia Fisheries Management Areas. Indonesia has enforced the law by burning and/or sinking every foreign vessel which did IUU-Fishing in Indonesian waters. Whereas in Indonesian Exclusive Economic Zone (IEEZ) would be punished by administrative sanctions and should pay a reasonable bond afterward the vessel and its crew would be deported to their country.

Incorporation of Human Rights in International Relations

Human rights have been firmly enmeshed in both studies and practice of international relations. The prevailing theories of international relations describe the function of those rights in substantially dissimilar ways, and it is apparent that their key statements include compelling arguments, suggesting an inconvenient apposition of state sovereignty with ideas of universal moral order. The development of the universal human rights regime of the United Nations (UN), the growth of international non-governmental organizations (NGOs), and, eventually, human rights activists have made it possible for human rights to be more deeply incorporated into state diplomatic activities. These trends, however, raise critical concerns about the practice of the state of human rights. Although there is some reversal of the norm, however, states continue to face humanitarian crises and show signs of human rights protection domestically and promotion internationally to varying degrees. In the same way, we are also seeing a major change in the principles and procedures of international enforcement of human rights. The goal of this paper is to address briefly certain variables relevant to the incorporation of human rights in international relations.

Audit committee diversity and corporate scandals: evidence from the UK

PurposeThis paper aims to empirically analyse specific characteristics of an audit committee that could be associated with the likelihood of corporate fraud/scandal/sanctions.Design/methodology/approachThe sample includes all firms that were investigated by the Financial Reporting Council through the audit enforcement procedure from 2014 to 2019, and two matched no-scandal firms. It uses logistic binary regression analysis to examine the hypotheses.FindingsResults based on the logit regression suggest that audit member tenure and audit committee meeting frequency both have positive associations to the likelihood of corporate scandal. Complementing this result, the authors find negative but insignificant relationships amongst audit committee female chair, audit committee female members percentage, audit committee qualified accountants members, audit committee attendance, number of shares held by audit committee members, audit committee remuneration, board tenure and the likelihood of corporate scandal across the sample.Research limitations/implicationsThe results should help regulatory policymakers make decisions, which could be crucial to future corporate governance. Additionally, these results should be useful to investors who use corporate governance as criteria for investment decisions.Originality/valueThe authors extend, as well as contribute to the growing literature on the audit committee, and therefore, wider corporate governance literature and provide originality in that it is the first, to the knowledge, to consider two characteristics (i.e. remuneration and gender) in a UK context of corporate scandal. Also, the results imply that the structure and diversity of the audit committee affect corporate fraud/scandal/sanctions.

“Are the Punishments Consistent?”: A Quantitative Analysis of NCAA Enforcement

Prior research on organizational misconduct within intercollegiate athletics focuses on the penalties administered by the NCAA and types of violations committed by member institutions, rather than the engagement of misconduct and the role of the NCAA as a social-control agent. Consequently, the purpose of this manuscript is to analyze the relationship between social control agents (i.e., the NCAA) and potential wrongdoers (i.e., member institutions), in addition to how the relationship affects the evolving line separating right from wrong. This quantitative study consists of a two-stage probit regression model which found evidence that the type of violations committed in major violation cases are significant in determining the likelihood of sanctions. This study will contribute to intercollegiate athletic administration by providing an opportunity to better comprehend NCAA enforcement procedures, along with utilizing the findings to discover how the NCAA functions as a social-control agent.

How to Communicate the Nudge: A Real-World Policy Experiment

Disclosure-based nudges are increasingly utilized by governments around the world to achieve policy goals related to health, safety, employment, environmental protection, retirement savings, debt, and more. Yet a critical aspect of these nudge-type policy interventions—the mode of communication—remains unexplored. We study the effects of the communication medium on debt collection procedures, using a policy experiment conducted in cooperation with the Israeli Ministry of Justice. Debtors often lack adequate information about the debt, the judgment, and the enforcement and collection procedures. As a result, the process of debt collection is often harmful to the debtor and ineffective in securing repayment. We manipulate the choice of medium—telephone, regular mail, text message, and video message—holding fixed the content of the communication. We find that digital communication strategies, in particular, communicating via text message, were the most cost-effective, significantly improving outcomes for both debtors and creditors.

Analyzing the ambitions of renewable energy policy in the EU and its Member States

This paper investigates whether the EU's governance framework facilitates an ambitious transition to renewable energy sources (RES) in the EU and its Member States. First, we propose a comprehensive concept of ambition based on targets, target achievement and enforcement procedure. Second, we analyze empirical evidence regarding these aspects for RES policy in the EU. In particular, Member States' progress towards the 2020 RES targets suggests a modest effect of the EU governance framework on national RES ambitions. Instead, national RES expansion trajectories seem to be strongly path-dependent. Meanwhile, frontrunner Member States' over-achievements enable the EU to close in on its 2020 target.

The enforceability of the trade and sustainable development chapters of the European Union's free trade agreements.

Since 2011, the European Union’s (EU) free trade agreements (FTAs) include a Trade and Sustainable Development (TSD) chapter which provides for environmental and labour commitments. Nevertheless, the ratification and implementation of these commitments remain insufficient. It is therefore essential to analyse whether the EU has become more ambitious in enforcing the TSD chapter. To analyse the chapter’s enforceability, the EU’s FTAs with South Korea, Canada and Japan have been compared. The comparative analysis was based on three elements: the labour and environmental commitments, institutional mechanisms and the enforcement procedure. Concerning the latter, the ongoing EU-Korea dispute settlement case over workers’ rights in South Korea is the leading example. Until the Commission reveals more assertive enforcement plans, it can be said that the EU has not become more ambitious in enforcing its TSD chapter. Since no major changes were detected in the comparative analysis, several interviewees proposed enforcement mechanisms.

NEW TRENDS IN CYBERCRIME IN THE MALDIVES - MOVING BEYOND LEGAL MEASURES IN THE NEW NORM

INTRODUCTION The health emergency crisis due the COVID-19 pandemic has created challenges globally. The same applies to the Maldives, as lockdown and social distancing measures was enforced, the use of virtual communication by public authorities, businesses and individuals likewise increased. The new normal of working from home, video conferencing and meetings, online learning and shopping have created a large group of vulnerable users, providing more opportunities for cybercriminals to exploit. In a time where resources are diverted to fight against the COVID-19 pandemic, the law enforcement, investigative and judicial procedures may be delayed or disrupted due to compulsory prevention measures. The changing face of cybercrime needs to be addressed through non-legal measures to reduce the detrimental effect. OBJECTIVES New cybercrimes have emerged during the pandemic, which has affected the vulnerable users in a difficult and unprecedented time. The objective of the study is to identify the nature of cybercrime, including the emerging crimes and to examine how these issues could be addressed through legal and non-legal measures. METHODOLOGY The methodology adopted is through the study of secondary data collected through research of recent articles, legal statutes and newspaper articles from March 2020 until present. The data collected was applied through study, observation and analysis. SIGNIFICANCE This study will identify the emerging crimes during the pandemic, and bring together different approaches, including non-law measures to highlight the best method to address this issue. FINDINGS/RESULTS Forms of cybercrimes identified as prevalent in the country, namely (1) misinformation; (2) phishing and (3) privacy issues. Misinformation and disinformation regarding the virus, cures and conspiracies plays a key role in undermining the public trust and the effectiveness of the public safety measures. The ability to take action through legal measures were limited due inabilty to investigate, non-existence of applicable provisions, underreporting and late reporting amongst others. Non-legal measures such as awareness campaigns and cyber-education were utilised to empower vulnerable groups, especially children and seniors against emerging new forms of cybercrimes. CONCLUSIONS With the changing face of cybercrime and the prolonged uncertain future due to COVID-19, there should less reliance on the law and more proactive measures enacted at all levels to reduce the harmful effects.

Civil Procedure on Securing a Claim in the Republic of Kosovo

Abstract The objective of the paper is to create a concept of what securing the claim is, based on the positive legislation of Kosovo’s law, comparing its regulation with laws of somewhat similar legislations of neighbouring regions, understanding its implementation in practice, to achieve conclusions and remarks based on law, facts, practice, and the comparative aspect. The Civil Procedure Law in the Republic of Kosovo is regulated with contested, non-contested or enforcement procedure. Securing the claim is an institute expressively regulated by the “Law on Contested Procedure of the Republic of Kosovo” on its XXI Chapter that defines its means and types. Considering securing the claim measures are present in civil law to prevent any possible threat of protected rights until the final verdict is given, this paper tends to achieve a realization of how these measures practically succeed in actual cases, if they meet the criteria set in the law, or if securing the claim proposal is approved by the court, if they unintentionally restrain the respondent from using their rights. Moving forward, how one distinguishes claim security and interim measures from one-another although they describe the main concept, is strictly reviewed under this article, to finally achieve conclusions and remarks based on questions raised as above.

Protection of the Rights of Parties, Participants and Third Parties During Enforcement in Republic of North Macedonia

Abstract The aim of this paper is to analyze the protection offered to parties, participants and third parties during enforcement, as one of the most important requirements of the enforcement procedure. Having in mind that bailiffs except for implementing enforcement, they are also competent to determine the means by which creditors’ claims will be fulfilled. The realization of the creditors’ claims does not mean use of any kind of measure or enforcement procedural activity. In this context the authors review ways in which debtors and their family members can be protected during enforcement actions, such as measures of exclusion and restriction of enforcement on the debtor’s items and income. Furthermore, the authors elaborate other legal and important ways for protection of parties, participants and third parties, such as opposition to illegality and complaints provided by the Law on Enforcement. In this regard, results of this research have shown that the RNM is making efforts to create a more effective enforcement system, which includes guarantees not only for the protection of the creditor and the debtor as a party, but also for the participants and third parties. From the enforcement experiences of citizens were reported dissatisfaction and complaints of citizens regarding the performance of bailiffs, namely taking the necessary means of subsistence form them. To avoid this situation Amendments on the Law on Enforcement in 2020 were brought, so the legal framework was clarified in terms of measures for exclusion and restriction of enforcement. This resulted in the prevention of economic damage of debtors and their family, because now no action can be taken if the debtor has an average salary or pension. Extraordinary legal remedies in enforcement proceeding are excluded, but there are other safeguards that are related to enforcement process but are not regulated by the Law on Enforcement.

Reformulation of Dispute Resolution Mechanisms for Public Information Requests to Achieve Constructive Law Enforcement and Legal Certainty

The nature of law enforcement in resolving multi-dimensional information disputes has a logical consequence on the need for constructive law enforcement. This research aims to examine the forms of law enforcement that exist in resolving disputes over requests for public information and to formulate a constructive mechanism to realize a series of law enforcement procedures with legal certainty. This research is normative legal research using a statutory and conceptual approach. The results showed that law enforcement in the settlement of public information disputes consists of the objection, non-litigation adjudication, and litigation covering civil, state administration, and criminal law. In this case, The Criminal law instruments are placed as the final law enforcement if the relevant public agency does not carry out a decision that has permanent legal force. In addition, in the context of realizing comprehensive and constructive law enforcement, a Memorandum of Understanding was held between the Information Commission and the Police to synergize and effectively implement the criminal law as a final resort.