Imposition Of Fines Research Articles

Legal liability for offenses in the field of nature protection in the first years Soviet authority and times of NEP

The article examines the process of establishing administrative responsibility, which was regulated in the Land Code of 1922, the Forest Law of 1923, the Administrative Code of 1927, the Mining Code 1928, in the first years of Soviet power and the times of the NEP. Measures of administrative responsibility in the form of fines, seizure of land plots and transfer to other users, and payment of fees were considered, depending on the type of infringement and the amount of damage caused. Based on the results of the research, the following conclusions can be drawn: 1. Administrative responsibility in the field of nature protection was reflected in the content of the Administrative Code of the Ukrainian SSR of 1927, which contained provisions regarding the protection of forests, parks, squares, the fight against damage to crops, meadows and pastures, and violation of hunting and fishing rules. At that historical period, the Administrative Code of the USSR was the only document adopted in Europe, except for Portugal, which was effective on the territory of a specific state. A characteristic feature of the codified act was the presence of a significant number of articles devoted to administrative violations in the field of forest protection. 2. It is shown that the development of administrative responsibility in the field of land protection took place according to a complex scenario, due to the fact that acts adopted in Soviet Russia and the USSR, which underwent transformation in connection with the transition to the NEP policy, were in force in this field. The foundations of responsibility in this area were laid by the Decree "On Land", adopted on October 25, 1917. The Land Code of the USSR of 1922 established such norms of administrative responsibility for offenses as the imposition of fines, the termination of the right to use land, and the seizure of land plots. 3. In that historical period, considerable attention was paid to the protection of subsoil on the basis of the Mining Code of 1928, which established the norms of administrative responsibility for violations of the established rules and instructions related to illegal development, livestock, prospecting, exploration, extraction and processing operations natural mines. 4. Administrative responsibility in the field of forest protection was regulated in the Law on Forests of the USSR of 1923, the content of which was influenced by the norms of pre-revolutionary law and the Forest Charters of the Russian Empire, which defined the composition of offenses and introduced a system of fees and fines. The law "On Forests of the Ukrainian SSR" established responsibility for illegal felling of forests, setting fire to forests, spoiling them with cattle and carrying out secondary forest use without permission, and provided for incentives for forest guards to apprehend offenders.

Zakon o digitalnim tržištima - između tržišne regulacije, pravila konkurencije i pravila nepoštene trgovinske prakse

In 2020 the European Commission presented its legislative package aimed to deal with new challenges for the internal market stemming from development on digital markets and alleged abuses and anticompetitive practices therein, including the Digital Markets Act (DMA). The aim of this paper is not to evaluate content of the DMA itself, but to evaluate the position of the DMA in the context of other market sector-oriented regulations , rules on unfair trade practices, competition rules as well as fitness of legal basis and observance of rule of law safeguards. As the DMA proposal departed from competition law legal basis enshrined in Art. 101 et seq. of the Treaty on the Functioning of the European Union, it paved the way for the possibility to impose sanction under both regimes. This possibility of double sanctions and necessity for check of proportionality in all actions of the Commission as well as in imposition of fines constitute one of the most relevant shortcomings from the "constitutional" point of view of position of the DMA in the EU legal framework. As it is argued in this paper, without more synchronization with competition regulatory regimes, the DMA proposal contains elements that can, at the end of the day, diminish its legal effectiveness via subsequent judicial battles.

Perceptions of minimum age at marriage laws and their enforcement: qualitative evidence from Malawi

BackgroundChild marriage in Malawi is a significant problem with 42.1% of women 20–24 married by age 18. In 2017 the Malawi government formalized legislation to make marriage under age 18 illegal; violators are subject to fines. While leveraging laws to reduce child marriage is common, the enactment of laws and their enforcement has led to some novel practices. One such practice observed in Malawi is marriage withdrawal, where the community intervenes when a child marriage has taken place to force the girl to return to her natal home.MethodsThis paper is a qualitative analysis of perceptions regarding marriage withdrawal. We conducted focus group discussions and in-depth interviews with married and unmarried adolescents, parents of adolescents, and key community members in Mangochi and Nkhata Bay. Data were collected as part of an evaluation of the More Than Brides Alliance program aimed at delaying marriage and improving access to sexual and reproductive health services in Malawi.ResultsThe knowledge that violation of marriage laws entails substantial fines is widespread and marriage withdrawals are seen by some respondents as a way of enforcing the spirit of child marriage laws while avoiding fines. Some respondents suggest that enforcement of marriage laws has an unintended effect of driving marriages underground. One important disconnect between the laws and the realities of child marriage practices in these communities is that the law holds parents responsible for the marriage and for preventing it, while parents do not necessarily exercise control, particularly when the marriage is precipitated by pregnancy. While parents and other adults view withdrawals as an acceptable resolution of a problematic child marriage, girls noted many drawbacks for withdrawn girls such as stigma and limited education and livelihood opportunities once withdrawn.ConclusionsOur exploration of perceptions about marriage laws suggest that the imposition of fines may have some unintended consequences, both driving the practice underground and encouraging practices to evade fines, and may be associated with unintended consequences for adolescent girls. Programs to address child marriage should include other approaches that address more distal drivers including poverty and lack of alternatives to child marriage.Trial registrationThis work is part of an RCT registered August 4, 2016 in the AEA RCT registry identified as: AEARCTR-0001463. See: https://www.socialscienceregistry.org/trials/1463

Avoiding the Inappropriate: The European Commission and Sanctions under the Stability and Growth Pact

Fiscal policy surveillance, including the possibility to impose financial sanctions, has been an important feature of Economic and Monetary Union since its inception. With the reform of fiscal rules in the aftermath of the financial and sovereign debt crisis, coercive provisions have been made stricter and the Commission has formally gained power vis-à-vis the Council. Nevertheless, sanctions under the Stability and Growth Pact for budgetary non-compliance have so far not been imposed. This article asks why the Commission has until now refrained from proposing such sanctions. Using minimalist process-tracing methods, three post-crisis cases in which the imposition of fines was possible, are analysed. Applying an adaptation of normative institutionalism, it is argued that the mechanism entitled “normative-strategic minimum enforcement” provides an explanation of why no sanctions are imposed in the cases studied: Given that the Commission does not perceive punitive action as appropriate, it strategically refrains from applying the enforcement provisions to their full extent.

Government’s responsibility towards investor’s loss in toll development on PPP agreements due to delay in land acquisitions

Until now, the slow process of land acquisition in toll road infrastructure development projects is still one of the obstacles to the completion of a infrastructure development project. The delay in the land acquisition process is detrimental to parties involved in PPP, especially investors. This study uses a normative juridical approach with analytical descriptive research specifications. Data collection techniques are carried out by means of literature study to obtain secondary data and interviews to obtain primary data, then the data obtained is analyzed using qualitative juridical methods, namely by taking inventory, systematically arranging, connecting with each other related to the problems studied with the enactment of the provisions of the regulations. one does not conflict with other regulations. The result of this research is a form of responsibility from the Government due to delays in land acquisition, namely compensation in the form of extension of the concession period on a toll road project with a PPP scheme, and consideration of additional initial tariffs on toll roads based on inflation, capital, construction time and increase. the concession period and also the imposition of fines in a business contract, and the last resort for resolving disputes over the PPP agreement through non-litigation or arbitration institutions based on Presidential Regulation Number 38 of 2015. How to cite item: Aulia, D. Z., Chandrawulan, AA., Trisnamansyah P. (2021). Government’s responsibility towards investor’s loss in toll development on PPP agreements due to delay in landa cquisitions. Jurnal Cakrawala Hukum , 12(1), 21-31.doi:10.26905/idjch.v12i1. 4337.

Http://habibiaislamicus.com/index.php/hirj/article/view/170

Tax violation in Pakistan is very high that has led to deteriorated economic situation and lack of public service delivery. The four variables of tax morale are; feelings of guilt and shame; lack of trust on government; perception about other citizens paying taxes; and level of penalties- as determinants of tax evasion in Pakistan. The perception about utilization of money, elements of shame, perception about other citizens’ compliance behavior and level of penalties effect tax violation. However, variables of guilt and perception about corruption do not have significant impact on evasion behavior. Some policy interventions have been suggested to curb the menace of tax violation. These policies include motivating tax payers through methods like hypothecation, imposition of fines and penalties and publishing names of defaulters through media and tax department website. Tax violation is a crime in almost all developed countries, and the guilty party is liable to fines and/or imprisonment. In Pakistan, many acts that would amount to criminal tax violation in other countries are treated as civil matters. Dishonestly misreporting income in a tax return is not necessarily considered a crime. Such matters are handled in the tax courts, not the criminal courts. In Pakistan, however, some tax misconduct (such as the deliberate falsification of records) is criminal. Moreover, civil tax transgressions may give rise to penalties. It is often considered that the extent of violation depends on the severity of punishment for violation.

ХАРАКТЕРИСТИКА МЕХАНІЗМУ ТА МЕТОДІВ СОЦІАЛЬНО-ЕКОНОМІЧНОЇ МОТИВАЦІЇ ПЕРСОНАЛУ

In this article the mechanism of socio-economic motivation is investigated and the analysis of existent methods of personnel motivation is conducted. It is found out that except external factors plenty of internal factors has influence on personnel motivation among which the corporate culture of corresponding enterprise occupies not last role. In the article a study of corporate culture influence on enterprise is undertaken on the system of adaptation and personnel motivation and forming its reasons. In the article the influence of material facilities, the role of salary and also the system of awarding of personnel that exists on enterprises are studied. It is educed that in the conditions of economic crisis and worsening of majority of population welfare a salary becomes one of the main elements that motivates workers to implementate the tasks which are put before them. It is found out that except the material system of motivation non-material motivation is purchased widely in domestic enterprises too. The system of compensation influence on the mechanism of socio-economic motivation of workers is investigated and its different forms are described. The influence of social motivation facilities is studied and essence, value of public approval, conviction and role of reputation on personnel motivation are exposed. It is proved that the balanced correlation between the system of encouragement of workers and facilities of punishment for violation of rules and corporate culture that exists on the enterprise plays an important role in the process of enterprise management and personnel motivation. It is educed that the punishment system includes not only privation of bonuses but also imposition of fines that is laid on workers who violate labour discipline systematically, a permanent delay on work and arrival on work in the drunk state are observed. This article proves that outstanding influence on the system of workers motivation is rendered by the system of stimulation that allows to satisfy existing necessities for workers. The role of basic motivational methods is investigated among which there is compulsion, reward and involvement.

Między stanem epidemii a stanem klęski żywiołowej – COVID-19 a niektóre prawa człowieka

In between a state of epidemic and a state of natural disaster – COVID-19 and certain human rights The article examines the means of restricting selected human rights and freedoms during a state of epidemic against the requirements of the Constitution of the Republic of Poland. The analysis particularly concerns the practice of restricting these rights and freedoms through ordinances as well as the imposition of fines and penalties for violations of epidemic orders and bans.

On some issues of imposition of fine under the new Administrative Procedural Code of the Republic of Kazakhstan

On some issues of imposition of fine under the new Administrative Procedural Code of the Republic of Kazakhstan

Akibat Hukum Surat Pertanggungjawaban Laporan Tahunan Yang Tidak Ditandatangani Oleh Seluruh Dewan Komisaris

The purpose of this study is to analyze how the legal consequences of the annual report accountability letter were not signed by the entire Board of Commissioners of a limited liability company by looking at the case of PT. Garuda Indonesia Tbk which occurred in 2019. Where in that case there was a rejection by 2 (two) Commissioners from PT. Garuda Indonesia Tbk to sign the annual report at the General Meeting of Shareholders. The nature of this research uses normative research, namely by reviewing laws and regulations, as well as company case reports. Based on this case, the function of company organs in charge of supervising a company is not going well. The case shows that this organ does not carry out its supervisory function in accordance with Article 108 of the Limited Liability Company Law. The legal consequence in this case is the imposition of fines on the organ of the company that signs the annual report. This is a consequence of the collegiality of the responsibility of the Board of Commissioners in a limited liability company.

ЕКОНОМІЧНІ МЕТОДИ ТА ПРАВОВІ ІНСТРУМЕНТИ УПРАВЛІННЯ ЕКОЛОГІЧНОЮ БЕЗПЕКОЮ МІСТА

The article explores the possible ways of managing ecological security of the city based on the use of economic methods and legal tools. It was determined that the urbanization has a negative impact on the environment. Therefore, it is necessary to make decisions on managing ecological security of the city. The management of city’s ecological security includes both functional (planning, organization, financing, coordination, control) and situational (decision-making to stabilize the environment in emergency and crisis situations) aspects. In this case, the corresponding economic methods and legal tools are used. They aim at motivating or forcing the economic entities to plan and finance environmental protection measures in the city. To do this, the methods of economic regulation (taxation, lending, subsidizing, provision of subsidies and benefits, imposition of fines) are used. The economic methods are included in the economic mechanism for managing the ecological security of the city. This mechanism is connected with the legal mechanism for regulating environmental protection activities in the city. The legal mechanism includes legal tools (legislative acts, industry regulations, decisions and orders made by local authorities) for managing environmental security. The choice of economic methods and legal tools depends much on internal and external factors, principles of distribution of responsibility for caused environmental damage, the need to coordinate the interests of the process actors with the management of ecological security of the city. To promote environmental safety in the city the environmental projects, environmental cooperation, and environmental entrepreneurship are of great importance. Their implementation and development are carried out using the economic methods and legal tools. At the same time, both the environmental assessment of projects and the assessment of social consequences of the decisions are made. Besides, the changes in the economic and legal regulation of economically safe development of the city also should be justified on economic grounds. The most important condition for this is the coherence of economic methods and legal tools. This coherence is possible due to the availability of information support, the development of which should become the subject of further research.

Are politicians using fines for electoral purposes? Empirical evidence

ABSTRACT Local governments have powers to decide on various issues concerning the public services they provide, as well as on how to finance them. We believe that it is important to analyse the existence of Political Budget Cycles, since politicians may misuse this discretionary power by manipulating budget variables for electoral purposes. Specifically, we analyse the impact of electoral cycles on budget forecast deviations in revenues from fines, which are fairly discretionary, in municipalities of over 1,000 inhabitants during the period 2010–2016. Our findings show that revenues from fines are overestimated in all the years, although this overestimation is only significant, and much more pronounced, in the election year. Politicians are aware fines are not well-regarded by citizens, and may negatively affect the election results, so they prescribe a relaxation in the imposition of fines and reduce the revenue budgeted. Other factors that impact on deviations in revenues from fines are the mayor’s political ideology, political competition and population size.

Good reasons to vaccinate: mandatory or payment for risk?

Mandatory vaccination, including for COVID-19, can be ethically justified if the threat to public health is grave, the confidence in safety and effectiveness is high, the expected utility of mandatory...

Effectiveness of Penalties for Lockdown Violations During the COVID-19 Pandemic in Germany.

Objectives. To investigate whether the imposition of fines can mitigate the spread of COVID-19.Methods. We used quasi-experimental difference-in-difference models. On March 20, 2020, Bavaria introduced fines as high as €25 000 (US $28 186) against citizens in violation of the Bundesland's (federal state's) lockdown policy. Its neighboring Bundesländer (federal states), on the other hand, were slow to impose such clear restrictions. By comparing 38 Landkreise (counties) alongside Bavaria's border from March 15 to May 11 using data from the Robert Koch Institute, we produced for each Landkreis its (1) time-dependent reproduction numbers (Rt) and (2) growth rates in confirmed cases.Results. The demographics of the Landkreise were similar enough to allow for difference-in-difference analyses. Landkreise that introduced fines on March 20 reduced the Rt by a further 0.32 (95% confidence interval [CI] = -0.46, -0.18; P < .001) and decreased the growth rate in confirmed cases by an additional 6 percentage points (95% CI = -0.11, -0.02; P = .005) compared with the control group.Conclusions. Imposing fines may slow down the spread of COVID-19.Public Health Implications. Lockdowns may work better when governments introduce penalties against those who ignore them.

Vicarious Liability in Groups of Companies and in Supply Chains - Is Competition Law Leading the Way?

The article discusses the concept of vicarious liability in the area of competition law. It argues that this concept is to some extent embedded in the concept of the undertaking under competition law with the consequence that parent companies – under certain conditions – can be held liable for competition law infringements committed by subsidiaries. The liability can be termed “vicarious” because it is imposed regardless of whether the parent company was involved in or ought to have had any knowledge of the competition law infringements committed by the subsidiary. Whereas such liability has until recently only been imposed for administrative fines, the Skanska decision changes this. Following this decision it must be assumed that parent companies can also be held vicariously liable for civil liability incurred by a subsidiary. It is pointed out that it is a separate question whether the Akzo-presumption rule, established with regard to the imposition of fines for competition law infringements, can also be applied in a pure civil liability case concerning parental liability. Next, the article discusses whether the results reached in the area of competition law can be transferred to other areas of the law. In this regard, the article analyses recent case law with regard to parental liability for workers’ injuries and environmental damage and compares these areas of the law to competition law. Finally, the article discusses whether the concept of the undertaking can be extended to apply also in situations where companies are not tied by ownership but by contract. In this regard the article focuses on the (possibly) emerging concept of supply chain liability.

Pengaturan Ruang Terbuka Hijau Berdasarkan Peraturan Daerah Kota Denpasar Nomor 27 Tahun 2011

In this era, urban areas have become a problem that is quite difficult to overcome, especially in the matter of utilization of green open space caused by land demand continuing to increase. The problems discussed in this study are the coverage of green open space and the legal consequences of constructing buildings in green open space in the city of Denpasar. The type of the research used in this study is normative legal research with two types of sources of legal materials, primary and secondary. Data collection was carried out using a literature study which was then analyzed qualitatively. The results show that green open spaces in cities belong to the spaces in the form of areas or paths dominated by plants functioning as protection of certain habitats, city facilities, infrastructure safety networks, and/or agricultural cultivation as regulated in Regional Regulation of Denpasar City Number 27 of 2011 concerning the Spatial Planning for the City of Denpasar in 2011-2031. Furthermore, the legal consequences for violations of erecting buildings in green open spaces or controlling spatial use of urban areas are in the form of administrative sanctions for supervision activities which result in obstruction of the implementation of the spatial utilization program, both carried out by the permit recipient and the licensor. Types of administrative sanctions for the community consist of warnings and/or reprimands, temporary suspension of administrative services, temporary suspension of development activities and/or use of space, revocation of permits relating to spatial use, restoration of functions or rehabilitation of spatial functions, demolition of buildings not in accordance with the plan spatial planning, licensing/whitening, and the imposition of fines. There are also other sanctions in the form of imprisonment for a maximum of 6 (six) months or a maximum fine of IDR. 50,000,000.00, - (fifty million rupiah).

불성실공시법인의 제재조치에 대한 시장 반응: 벌점의 제재금 대체부과를 중점으로

불성실공시법인의 제재조치에 대한 시장 반응: 벌점의 제재금 대체부과를 중점으로

Neighbourhood Policing and Social Cleansing of Crime in Oke-Ogun Area of Oyo State, Nigeria

The paper assessed neighbourhood policing and social cleansing of crime in Oke-Ogun area of Oyo State with a view to examining spatial variation in response to crime in the area. Both primary and secondary data were employed. The total households of urban and rural settlements as identified in Oke-Ogun area of Oyo State were 44,421 and 175,568 respectively The sample frame constituted all households in the study area, and five out of 1000 of all the 219,989 total households which approximately amount to 1100 households constituted the sample size, Random sampling was employed in hierarchical selection of 5 0 / 00 of the total households in each settlement type, and a total number of 1100 copies of questionnaires were randomly administered Descriptive statistics such as percentage and Chi-Square were used to present summary of findings. Findings revealed that higher order security consciousness was displayed in urban area with an insubstantial proportion of households surveyed (13.2%) having no organisation responsible for security in their neighbourhood compared with 22.4% in the rural settlements. At aggregation level, 52% of all respondents in Oke-Ogun agreed with the adequacy of policing out of which 13.6% said that the policing was very adequate and 38.4% said that it was adequate while 48% of all respondents were at variance with the adequacy of policing. The households (49.0%) in the rural areas were cynical about adequacy of policing, while out of 49.0%, 28.9% said that policing was inadequate and 20.1% said that policing was very inadequate. The chi-square performed across settlement types at (P&lt;0.05) indicates that the difference in adequacy of policing was significant. The implication of this is that there is a significant difference between perception of adequacy of policing by households and the settlement types in Oke-Ogun. Households also held view that Police in Oke-Ogun did not give a prompt response expected in situations of distress call. Response to unwillingness to give prompt response to distress call by Police was on top gear in rural settlements. About 39% of all respondents in rural areas said that Police gave prompt response needed to distress call compared to 41.7% in urban areas of Oke-Ogun. For social cleansing job provision for the unemployed was ranked first by the residents among alternatives for keeping neighbourhood safe, followed by imposition of fine on offender. Jailing of offender was ranked third and equip vigilant groups was ranked fourth Improved infrastructure was ranked fifth among several options. The chi-square analysis performed (P&lt;0.05) indicated that the difference in households’ preference for means of keeping neighbourhood safe across settlement type was significant. The study concluded that response to crime in the area varied spatially. Keywords: Crime, Neighbourhood, Policing, Social cleansing DOI : 10.7176/JCSD/51-06 Publication date :September 30 th 2019

The Strength of Legal Proof in Filing a Civil Lawsuit Against Corruption Actors

The use of civil instruments in corruption cases is fully subject to the provisions of civil law both formally, materially and even to immaterial losses. In accordance with Articles 32, 33 and 34 of Law Number 31 of 1999 concerning Eradication of Corruption, there is a formula regarding the submission of the results of the investigation into the State's loss to the State Attorney. The prosecutor must be able to really prove that the defendant actually committed an act of corruption. In accordance with the concept of proof in civil law, JPN must be able to convince the panel of judges by basing on a clear legal basis, the existence of an element of loss and explaining the occurrence of acts of corruption that are detrimental to the State's finances. However, it is often difficult to substantiate civil lawsuits to prove, given that the perpetrators of corruption in general are those who have very strong positions or experts. The research method used in this research is analytical descriptive. The research results obtained can be seen from the strength of the evidence in filing a civil claim must first trace assets owned by the perpetrators of corruption as the basis and reason for the lawsuit but the civil suit has not been effectively proven by relying only on special criminal courts because the imposition of fines and reimbursement is included without taking into account any immaterial losses that can be paid in the future.

Liability of Sister Companies and Subsidiaries in European Competition Law

In recent years, cartel infringements have led to fines and damage claims by injured parties running into billions. In view of that, the question of liability is of great significance. In European competition law, the undertaking is subject to both prohibitions of certain conduct (Art. 101 et seq. TFEU) as well as sanctions for infringements of these prohibitions (Art. 23 Regulation 1/2003). Art. 1 para. 1 of the Cartel Damages Directive (Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions (2014/104/EU)) also addresses the undertaking when imposing liability for damages. The Competition Appeal Tribunal ruled in its MasterCard decision that liability for damages extends to all legal entities that have exercised a decisive influence over the infringing persons, applying the notion of “undertaking” as developed by the ECJ. Furthermore, several other Member States of the European Union have endorsed group liability or at least parental liability on this basis, including France, Spain, Portugal and Austria. Recently, the European Court of Justice (ECJ) has held in its Skanska decision (C-724/17) that the notion of “undertaking” determines the persons liable, both for the purpose of imposition of fines and for the purpose of civil liability. Hence, the decisive factor regarding liability is the notion of “undertaking”. According to settled case law of the European Court of Justice (ECJ), an undertaking encompasses every entity engaged in an economic activity, which may consist of several legally independent entities, provided that these independent entities form an economic unit. Within the scope of this economic unit, an innocent parent company is generally liable for the cartel infringements of its subsidiaries. Whether an innocent subsidiary is vice versa liable for its parent company or whether sister companies are liable for each other has not yet been examined in detail. This paper aims to close this gap – also with a view to the recent referral of this question to the ECJ (Audiencia Provincial de Barcelona, sec. 15a, order of 24 October 2019, Rollo no 775/2019 – Sumal v Mercedes Benz Trucks Espana). A close examination of the ECJ’s reasoning regarding group liability reveals that group liability under competition law, i.e. the joint liability of the parent company and its subsidiaries, derives from the unity of action of the undertaking (‘joint action triggers joint liability’). In this respect, the existence of a decisive influence is not relevant; the criterion of decisive influence merely serves to determine whether there is an economic unit. If there is an economic unit, this leads to joint liability amongst all the constituent entities of this economic unit. As a result, an innocent subsidiary is also liable for the parent company or sister companies if they belong to the same economic unit.