Law Regime Research Articles

Competitiveness of domestic educational services on the international market

It is indicated that Ukraine, as a country that has a large number of effective educational institutions that educate leading specialists in their field, who are currently using their knowledge in projects around the world, should be in the top list of countries for exporting educational services in the world. With the beginning of the anti-terrorist operation in 2014, as well as with the beginning of full-scale military operations in 2022, the development of the export of educational services in Ukraine decreased, and therefore the place of Ukrainian educational services in the international market of educational services decreased as well. The corresponding state of affairs implies the need to develop mechanisms and ways to increase the level of competitiveness of Ukraine in the international market of educational services, which is relevant and requires research. It was noted that on the way to European integration, Ukraine adheres to a number of international standards, actively develops its economy, in particular, in the field of education. The scientific article is devoted to the study of issues of competitiveness of domestic educational services on the international market. The place of domestic educational services in the international market and the dynamics of the development of domestic educational services in the international market are determined. The particularities of the obstacles that currently do not allow the proper development of Ukrainian educational services on the international market of educational services are given. The reasons that stimulate the development of domestic educational services and stimulate the strengthening of the position of domestic educational services on the international market are determined. Features, general characteristics and risks of competitiveness of domestic services and factors influencing the competitiveness of services are determined. The features of the competitiveness of domestic educational services are given, as well as the dynamics of the corresponding competitiveness before and during the legal regime of martial law in Ukraine. The impact of martial law on the development of the competitiveness of domestic educational services is determined; the negative impact of martial law on the competitiveness of domestic educational services and ways to improve the situation are highlighted.

Extraordinary parliamentary elections in Ukraine during martial law

The article is devoted to the little-studied issue in Ukraine of the legislative ban on extraordinary, or early, parliamentary elections during the period of the special legal regime of martial law. The subject of the study is such a type of early parliamentary elections as interim elections of people’s deputies. The relevance of the researched issue is determined by the ongoing martial law regime in Ukraine and the legislative ban on holding any elections, the necessity of which arises during this martial law. It is noted that the difference between ordinary and extraordinary parliamentary elections in the conditions of this martial law is that the ban on holding ordinary parliamentary elections leaves the country with a valid parliament, and the ban on holding extraordinary parliamentary elections deprives the country of a valid parliament. In order to investigate the legality of the application of this ban to the interim elections of people’s deputies, the following was analyzed: first, the legislative justification of the state election management body in Ukraine regarding the non-appointment and non-holding of these interim parliamentary elections during this martial law, using the example of the latest case from December 13, 2023; and secondly, the publications of Ukrainian scientists regarding these interim parliamentary elections in the conditions of this martial law. It was found out, firstly, that this ban is not a norm of the Constitution of Ukraine neither for scientists nor for the state election management body, and secondly, that this ban does not have an indisputable link of consistency with the Constitution of Ukraine: some legal researchers claim , that this ban corresponds to Article 64 of the Constitution of Ukraine, but other researchers of this Article 64 come to conclusions that exclude the possibility of consistency of this ban with this article of the Constitution of Ukraine. It is substantiated that the content of Article 64 of the Constitution of Ukraine has three meanings regarding the interim elections of people’s deputies during this martial law: 1) they can be held, 2) they can not be held, 3) they can be held with a limited number of voters. It is proposed to consider as an alternative to this prohibition of by-elections of people’s deputies during this state of war martial law electoral qualification - a special and temporary restriction of the circle of voters for holding these by-elections in the conditions of this war. A variant of this qualification is proposed - the qualification of a legal entity.

The right to education under the conditions of martial state

The right to education is one of the fundamental human rights approved in the Constitution of Ukraine. However, the war conditions taking place on the territory of Ukraine create significant challenges for ensuring this right. In this article, we analyze the problems that arise in the context of ensuring the provisions of Article 53 of the Constitution of Ukraine in conditions of war and offer ways to solve them. This article highlights the importance of ensuring the right to education under martial law in Ukraine and suggests practical measures to achieve this goal. The study of this topic contributes to the development of effective strategies for managing educational processes in wartime conditions. Ensuring the right to education in the conditions of martial law in Ukraine becomes a particularly acute problem due to active hostilities and occupation of territories. Military operations are accompanied by violations of human rights, including the right to education, which is contrary to international standards. Military aggression forces the evacuation of schools, universities and other educational institutions, which disrupts the educational process and creates difficulties for obtaining an education. The results of military operations have serious psychological consequences for children, youth and teaching staff, which negatively affects their learning and work capacity. The article analyzes the problem of ensuring the right to education under martial law. The challenges faced by Ukraine in providing educational opportunities during the war are investigated. Special attention is paid to strategies for protecting the right to education, including the role of international law, humanitarian aid programs and innovative approaches to education. Based on this analysis, recommendations are provided to improve the situation with the right to education in the conditions of military conflict. The problems of education during the legal regime of martial law are analyzed, the need to continue measures to guarantee the constitutional right to education is emphasized, since education is considered extremely important for the progress of society, the future of the country directly depends on the level of education, talents, culture and consciousness of the young generation.

Peculiarities of the legislative model of the criminal law prohibition of smuggling

The article is devoted to the study of the peculiarities of the legislative model of criminal prohibition of smuggling. It is stated that the emergence of new and modernization of existing methods of smuggling is due to the correlation of the State’s customs policy in connection with the full-scale invasion of the Russian Federation and the introduction of the legal regime of martial law. The purpose of this article is to provide a systematic analysis of the amendments and additions made to Section VII of the Special Part of the Criminal Code of Ukraine in terms of criminalization of smuggling, to determine their effectiveness and expediency, and to formulate scientifically sound recommendations for improving criminal law regulation of social relations related to smuggling. The author establishes that the main factors which influenced the process of recriminalization of commodity smuggling are: an increase in the number of manifestations of smuggling of goods and their unreliable declaration; a decrease in revenues to the State Budget of Ukraine; stimulation of unfair competition; entry of products of inadequate quality into the domestic market; an increase in the shadow economy in the public sector; criminalization of smuggling of goods in certain EU countries; ineffective application of administrative liability measures. The author analyzes the need to strengthen criminal liability for commodity smuggling at the level of the European Union as a whole. The author elucidates the approaches available in the criminal law doctrine to solving the problems associated with the introduction of criminal liability for commodity smuggling. It is substantiated that in case of any change in the system of current criminal legislation, it is necessary to justify this type of rulemaking, i.e. to assess the admissibility and appropriateness of a criminal law novelty. The author emphasizes that it is inexpedient to distinguish criminal law provisions on smuggling by the type of subject matter. The author concludes that the model of criminal legal prohibition of smuggling chosen by the legislator determines the differentiation of criminal liability, and at the same time is a manifestation of the shortcomings of legislative technique, since it gives rise to the emergence of legislative models of smuggling with different objects of criminal legal protection.

Launching a European Employee Stock Ownership Plan (European ESOP)

PurposeWith a third of business successions failing, the EU is still confronted with a haemorrhage of around 150,000 enterprises and 600,000 jobs every year. Although 30 years of research have confirmed the positive effects of employee share ownership (ESO) for European enterprises and its important function for business succession, best practice, such as the US ESOP, is thinly spread across the EU. Nevertheless, Member States (MS) have developed a broad variety of ESO schemes involving intermediary entities to acquire and administer employee shares in the employer firm in particular for the transfer of businesses to employees. However, for small and medium enterprise (SME) owners the main barrier is still a lack of clearcut and transparent options to sell their enterprise to their employees and corresponding incentives to do so. In this light, this paper proposes a European approach, that is, a European Employee Stock Ownership Plan (European ESOP).Design/methodology/approachA “Common European ESOP Regime”, as a first step towards a “Common European Regime on EFP” would complement existing national laws aiming primarily at their harmonisation. As the name suggests, this would be a second contract law regime parallel to national legislation on ESO. Its objective is to eliminate obstacles to the single market that mainly, though not exclusively, stem from heterogeneous regulatory density. The existing obstacles are due to the multifarious development of national laws governing employee financial participation (EFP) in the MS. The “Common European ESOP Regime” would offer employers and employees a choice between two alternative EFP regimes one originating in national legislation, the other in European legislation. The choice between these two alternatives would be entirely optional, as in the case of the European Company Statute.FindingsThe European ESOP is modelled on the US ESOP and EU best practices. It embraces six European types of legal vehicles, i.e. the employee ownership trust (EOT), the French employee ownership mutual fund (FCPE), the Austrian civil law foundation, the Spanish Sociedad Laboral, the cooperative and the closely held limited liability company.Originality/valueThe “Common European ESOP regime” would neither replace nor override national legislation but would serve as a cross-border alternative to national laws, to be used at the discretion of the parties involved. Regarding its contents, it would contain best practice rules derived from each of the ESOP vehicles discussed to reflect the entire life cycle of SMEs (starting up, consolidation and succession).

Features of the appointment of criminal penalties in the conditions of the introduction of martial law

Subject of research: the current system of criminal penalties for the possibility of achieving their goals in the conditions of martial law. Purpose of research: To determine the types of criminal penalties, as well as the mechanism of their appointment, replacement and execution under martial law. Methods of research: the article uses such general scientific methods as: historical, analysis and synthesis. Main results of research: the types of criminal penalties are identified, the goals of which can be achieved both in peacetime and in wartime. On the basis of which it is proposed to suspend the appointment of a number of criminal penalties not related to imprisonment under the imposed martial law regime

Prevalence and factors contributing to mental health challenges among school-going adolescents: a case of a climate-vulnerable Manafwa Watershed in Uganda

BackgroundGlobally, mental health challenges are common among school-going adolescents, with a prevalence of 50.2% and 43.6% for depression and anxiety disorders, respectively. In Northeastern Uganda, a prevalence of 26.6% and 8.6% for anxiety and depressive disorders respectively were reported among children. School-going adolescents are at higher risk of developing these mental health challenges and this could be worsened by natural disasters like landslides. We aimed to determine the prevalence and factors contributing to mental health challenges (having at least one of following; depression, anxiety, anger, disruptive behaviour and social concept) among school adolescents in the Manafwa Watershed area.MethodsThis was a cross-sectional study in 3 districts of the Manafwa watershed area (Bududa, Manafwa, and Butaleja). We selected school-going adolescents aged 13-18 years because of the nature of study tools. Mental health challenges (anxiety, depression, anger, disruptive behaviour and self-concept) were assessed using the Beck Youth Inventory-II. Descriptive statistics and inferential analysis were performed to determine factors associated with mental health challenges.ResultsA total of 762 adolescents participated, with a median age of 17 years (interquartile range =16–17 years). More than half of the students were females. The prevalence of mental health challenges was 65% with a (confidence interval) = 54.0% — 75.0%; the majority 44% of the participants had anxiety, and 31% had disruptive behaviour. Families with more than five children [adjusted odds ratio = 1.18, 95% confidence interval= 1.08—1.29, p value = <0.001] and substance abuse [adjusted odds ratio = 1.20, 95% confidence interval= 1.15—1.24, p value <0.001] were significantly associated with mental health challenges.ConclusionThe prevalence of mental health challenges among students was high with majority having anxiety and disruptive behaviour. Adolescents from families with more than five children and those with substance abuse were more likely to have mental health challenges. We therefore recommend that various stakeholders such as the Ministry of Health, and the Ministry of Education, design a curriculum that caters to the mental health needs of children. Family planning awareness, awareness on Government laws prohibiting alcohol and substance use, and parenting skills should be raised by the local leaders.

Legal principles of pre-trial investigation war crimes

The modern legal principles of the activity of law enforcement agencies regarding the investigation of war crimes have been defined. It is emphasized that war crimes are complex in terms of their mechanism of commission, which is characterized by consequences in the form of significant destruction of civilian infrastructure objects, a large number of unidentified dead; instruments of commission, which neither pre-trial investigation bodies nor forensic experts have encountered before; by persons of criminals who change their locations, including those who are in the territory of another state, etc. It is noted that in Ukraine since the declaration of the legal regime of martial law by the Decree of the President of Ukraine, significant changes have taken place in the criminal procedural legislation, which established a special regime of pre-trial investigation and trial under martial law conditions, provided for in Section IX-1 of the Criminal Procedure Code of Ukraine. It is noted that the pre-trial investigation of war crimes requires considerable expenditure of resources, including human resources, due to which employees of various law enforcement agencies, including units of the National Police, are involved in carrying out certain procedural actions. Legal problems in the activities of the National Police of Ukraine regarding the organizational features of the pre-trial investigation that need to be resolved at the legislative and departmental levels are highlighted. Proposals are made to improve the legislation on the regulation of the term “war crime” in the Criminal Code of Ukraine. The requirements regarding the procedure for collecting evidence of war crimes for the purpose of further transfer of materials for consideration by the International Criminal Court have been updated. Attention is focused on the fact that the principles, subjects and forms of interaction at the national and international levels during the pre-trial investigation of war crimes should be properly regulated. During the writing of the article, the methods of dialectics, comparative legal and systemic analysis, and formal logic were used.

Invariant regimes of Spencer scaling law for magnetic compression of rotating FRC plasma

Abstract The scaling laws for the magnetic compression of a toroidally rotating field reversed configuration (FRC) have been investigated in this work. The magnetohydrodynamics (MHD) simulations of the magnetic compression on rotating FRCs employing the NIMROD code (Sovinec et al 2004 J. Comput. Phys. 195 355), are compared with the Spencer’s one-dimensional (1D) theory (Spencer et al 1983 Phys. Fluids 26 1564) for a wide range of initial flow speeds and profiles. The toroidal flow can influence the scalings directly through the alteration of the compressional work as also evidenced in the 1D adiabatic model, and indirectly by reshaping the initial equilibrium. However, in comparison to the static initial FRC equilibrium cases, the pressure and the radius scalings remain invariant for the magnetic compression ratio B w 2 / B w 1 up to 6 in presence of the initial equilibrium flow, suggesting a broader applicable regime of the Spencer scaling law for FRC magnetic compression. The invariant scaling has been proven a natural consequence of the conservation of angular momentum of both fluid and magnetic field during the dynamic compression process.

Peacetime Maritime Law Enforcement by Warships

ABSTRACT The scope and methods of maritime law enforcement by warships in peacetime are evolving, triggering international armed conflicts. A core issue is how to distinguish between law enforcement activities and military operations at sea. The construction of an international law regime for peacetime maritime law enforcement by warships will help to reduce the incidence of armed conflicts. This is consistent with the need for a strict interpretation of the principle of prohibiting the threat or use of force under the United Nations Charter. Based on the principles of prohibiting the use of force, the peaceful use of the seas and considerations of good faith, it is possible to establish a stable international legal system for maritime law enforcement by warships. The system would be based on the United Nations Convention on the Law of the Sea (UNCLOS) and would operate primarily through implementing agreements as its main model.

The Role of Customary Law in Forest Governance and Conservation in Jambi, Indonesia: A Case Study of Makekal Hulu Village within the Customary Territory of the Suku Anak Dalam

Indonesia's forests face increasing pressures from deforestation and degradation. While national laws exist to protect these vital ecosystems, their implementation often faces challenges, particularly in areas inhabited by indigenous communities with distinct customary laws and practices. This study examines the role of customary law (adat law) in forest governance and conservation in Jambi Province, Indonesia, focusing on Makekal Hulu village within the customary territory of the Suku Anak Dalam. This qualitative study employed a case study approach. Data were collected through semi-structured interviews with adat leaders, community members, government officials, and NGO representatives. Focus group discussions were conducted to gather diverse perspectives on forest management practices. Relevant documents, such as adat regulations, government policies, and NGO reports, were also analyzed. Additionally, data was utilized to enhance understanding of resource use dynamics and land-use change patterns. The findings reveal that adat law plays a significant role in regulating access to and use of forest resources in Makekal Hulu. Adat institutions, led by the village elder and guided by customary beliefs, enforce rules related to logging, hunting, and land clearing. These rules often complement national laws, providing a localized and context-specific approach to forest management. However, challenges exist in harmonizing adat law with national legislation, particularly concerning land tenure conflicts and external pressures from logging and plantation interests. In conclusion, this study highlights the importance of recognizing and incorporating adat law into forest governance frameworks in Indonesia. By integrating traditional knowledge and practices with national policies, a more effective and sustainable approach to forest conservation can be achieved. This requires collaboration between government agencies, adat communities, and civil society organizations to ensure that adat law is respected and supported within the broader legal framework.

Municipalities at the crossroads: Deciphering the nexus between municipal insolvencies and international investment mandates

AbstractNavigating the convergence of domestic governance and international investment law presents multifaceted challenges in an ever‐globalizing world. The recent bankruptcy of the Birmingham City Council in September 2023, burdened by substantial debt from equal pay claims, serves as a poignant example, illustrating the potential widespread effects of local financial crises on international investment protections and obligations. The discourse explores the complexities arising from municipal insolvencies and the implications of such local fiscal policies on international investment obligations. The lens of international arbitral tribunals sheds light on the dilemmas faced when local realities vie with global responsibilities, especially concerning investor protections and Bilateral Investment Treaties. Decentralized states add another layer of intricacy, balancing regional policies with overarching international commitments. As the landscape of international investment law transforms, both state entities and investors must understand and adapt to the evolving interplay. The synthesis of these two realms is crucial in today's globalized era. Through proactive policy‐making, stakeholder dialogues, and a keen understanding of both local and global dynamics, a harmonious fusion of domestic objectives and international obligations can be achieved.

Artificial intelligence - an imperative of the digital society

Artificial Intelligence (AI), ranging from basic algorithms to advanced systems, is reshaping our way of life and daily activities. It has a direct impact on mass media and communication, altering traditional paradigms and introducing new technological approaches. AI employs sophisticated algorithms to generate various types of media content, adapting to both traditional environments translated into the virtual realm and inherently digital media. Within the European Union, particular attention is given to online security, connectivity, digital skills, digital businesses, and digital public services. The EU’s cyber security strategy, along with data protection and governance laws, contributes to enhancing access to secure information and databases. The way we approach artificial intelligence will shape the future. To contribute to building a resilient Europe, citizens and institutions should benefit from the advantages offered by AI and feel secure.

Knowledge, Attitude, And Oral Hygiene Practices Among Law Students In Chengalpatu District: A Cross‑Sectional Study

Introduction: poor oral health can have a profound effect on the quality of life. The experience of pain, endurance of dental abscesses, problems with eating and chewing, embarrassment about the shape of teeth or about missing, discoloured or damaged teeth can adversely affect people's daily lives and wellbeing. The purpose of this study was to evaluate the oral hygiene and dental health knowledge of government law college, chengalpatu district, law students. Materials and methods: thirty questions about fundamental knowledge, mindset, and practice were given to one hundred and fifty law students at the government law college in chengalpatu district, tamilandu india. Microsoft excel was used to tabulate the data, and the statistical package for the social sciences programme was used for statistical analysis. Results: of the participants in this study, only 39.4% were aware that regular dental check-ups were necessary. 8.5% of participants made two annual visits to the dental clinic andof the individuals, 57% had never been to a dental facility. Dental health education is important, according to 65.5% of participants, and it may be important, according to 21.8%. The results indicated a statistically significant association between the participant's year of law degree and the responses, as determined by inferential statistics using the pearson chi-square test. Conclusion: the study's findings indicate that law students' understanding of oral health care and proper oral hygiene is adequate. But the learned knowledge needs to be applied in day-to-day activities. This can be accomplished by altering their perspective on maintaining good dental hygiene

CONCEPTS AND SIGNS OF LEGAL ORDER: THEORETICAL AND LEGAL ANALYSIS

The article analyzes the content of the concept and the main features that characterize legal order as a socio-political and legal phenomenon. The main trends and views of scientists and scholars regarding the definition of the essence of the legal order are characterized. It was established that legal order should be considered as a settled state of public social relations that ensure the proper functioning of the state, its structures, public formations and citizens. At the same time, taking into account the pluralism of the opinions of leading scientists, the distinction between the concepts of « legal order», «public order», and «public safety» has an important theoretical and law enforcement significance. At the same time, the legal regime of martial law in Ukraine is currently significantly transforming approaches to determining the essence of legal order, especially in the areas where hostilities are conducted. Based on the analysis of scientific positions of researchers, regulatory and legal background and other empirical elements studied within the scope of the subject and object of research, the author’s position regarding the features characterizing the legal order. At the same time, a prominent place is given to ensuring legal order in the areas where hostilities are conducted. The perspective of further scientific research is the need to conduct thorough research on the maintenance of legal order in the areas of hostilities and in the de-occupied territories of Ukraine.

PROTECTION OF FOREIGN INVESTMENT IN INDIA: A HISTORICAL ANALYSIS

International investment agreements are the tools of international law by which two or more countries give reciprocal assurance for the protection of foreign investment in their countries. Long before there was no such regime of international property protection. In colonial time the foreign property was subject of the law of foreigner. At that time there was no certainty in international property regime. India had paid heavy price for the same. This paper tries to map out the whole journey of development of international property protection in India. In the first part paper tries to find out the international rule for the protection of foreign property in India. Unfortunately there was no such universal regime prevalent in any part of the world for the protection of foreign property. Second part deals with the development of International property protection in in post-colonial period. In this period newly independent colonies did not trust the foreigners due to its chequered history. Third part deals with the period after liberalization, privatisation and globalisation. In this period India had embraced the international investment law regime as an overall strategy of liberalization, privatisation and globalisation. In this period India had signed most of its International investment agreements. However, in this period India also faced with multiple investment claims by many foreign investors. In wake of these investment claims India had recently spelled out its new Model BIT and terminated its most of the International investment agreements. And finally concludes that there is some problem with the new Model BIT due to which Indian government still facing difficulty in inking new international investment agreements with the countries with whom India has had deep economic ties.

Unfair competition law in Ghana: unravelling the scope, evolving jurisprudence, challenges and future directions

Abstract Despite its implications for businesses and consumer welfare, unfair competition law has received limited scholarly attention in Ghana. This article fills a significant research gap by examining Ghana’s legal framework for unfair competition, focusing on legislative measures and court decisions in an attempt to facilitate comprehensive academic inquiry into the subject. The article explores how Ghana addresses unfair competition in line with international standards, particularly Article 10bis of the Paris Convention and the Trade-Related Aspects of Intellectual Property Rights Agreement. It assesses how Ghanaian courts have developed unfair competition protection jurisprudence over time with co-existing statutory and common law regimes. Additionally, it highlights the challenges in applying the law and areas for improving it. The study demonstrates how Ghana adopts various approaches to unfair competition, comprising a single source statutory reference point which coexists with the common law tort of passing off. The statutory approach, alone or with the other approaches, meets Ghana’s international obligations. However, there is a need for coherence and effectiveness in the interaction between statutory law and common law principles. Understanding this interaction is essential for ensuring Ghana’s consistent and effective application of unfair competition laws.

Readiness of big health data analytics by technology-organization-environment (TOE) framework in Ethiopian health sectors

BackgroundBig health data is a large and complex dataset that the health sector has collected and stored continuously to generate healthcare evidence for intervening the future healthcare uncertainty. However, data use for decision-making practices has been significantly low in developing countries, especially in Ethiopia. Hence, it is critical to ascertain which elements influence the health sector's decision to adopt big health data analytics in health sectors. The aim of this study was to identify the level of readiness for big health data analytics and its associated factors in healthcare sectors. MethodsA cross-sectional study design was conducted among 845 target employees using the structural equation modeling approach by using technological, organizational, and environmental (TOE) frameworks. The target population of the study was health sector managers, directors, team leaders, healthcare planning officers, ICT/IT managers, and health professionals. For data analysis, exploratory factor analysis using SPSS 20.0 and structural equation modeling using AMOS software were used. Result58.85 % of the study participants had big health data analytics readiness. Complexity (CX), Top management support (TMS), training (TR) and government law policies and legislation (GLAL) and government IT policies (GITP) had positive direct effect, compatibility (CT), and optimism (OP) had negative direct effect on BD readiness (BDR) ConclusionThe technological, organizational, and environmental factors significantly contributed to big health data readiness in the healthcare sector. The Complexity, compatibility, optimism, Top management support, training (TR) and government law and IT policies (GITP) had effect on big health data analytics readiness. Formulating efficient reform in healthcare sectors, especially for evidence-based decision-making and jointly working with stakeholders will be more relevant for effective implementation of big health data analytics in healthcare sectors.

Municipal Performance and the Utilisation of the King IV Governance Report in South African Municipalities

Since 1994, South Africa has made progress in consolidating its democracy. However, in post-apartheid constitutional democracy, there has been growing concern about the government’s incapacity to render public services to its constituencies. In 2002, the King II report on corporate governance in South Africa was issued with the intention of “promoting the highest standards of corporate governance in South Africa.” The characteristics of corporate governance in the report included transparency, discipline, accountability, independence, fairness, responsibility, and social responsibility while the King IV report was underpinned by 17 principles. Based on these King codes and concerns, the study intends to examine whether the King IV report governance outcomes of 2016 can be used for the benefit of South African municipalities. To realise this objective, the study employed a qualitative research approach in the form of document reviews. Theoretically, the study is underpinned by the elements of the King IV report. The reason for adopting the King IV report is because it is the first code that is outcomes-based and allows the municipalities to see benefits if implemented accurately. The study reveals that there is persistent poor service delivery caused by unethical practices and poor governance in South African municipalities. The study proposes that South African municipalities should embrace the corporate governance principles outlined in the King IV report to mitigate risks such as corruption through the implementation of effective control measures, reduce political interference by ensuring the presence of balanced check mechanisms, and uphold legitimacy by adhering to government policies and laws.

Pemberian Ganti Kerugian kepada Masyarakat Terkait Pengadaan Tanah untuk Kepentingan Umum

The success of infrastructure projects is closely related to land acquisition/land acquisition owned by the community, it is not even possible for population relocation to occur. The implementation of development that requires land acquisition is basically a waiver of land rights. Land Procurement for Public Interest is regulated by the Government in Law No. 2 of 2012 and Other Legislations. The purpose of this study was to determine the process of land acquisition and the calculation of fair market value as the basis for providing compensation. The research method used is literature studies and displayed descriptive. Compensation is a proper and fair compensation to the rightful party in the land acquisition process. The results of the research found are based on Law No. 2 of 2012, the land acquisition process consists of 4 stages, namely planning, preparation, implementation and submission of results. Meanwhile, to provide an opinion on the value of the land, an appraisal process is carried out by a Public Appraiser as a professional independent appraiser who has a license from the Land Agency. The appraisal process for compensation includes physical (material) and non-physical (immaterial) compensation where the final value obtained by the Appraiser is Fair Market Value.