Imposition Of Penalty Research Articles

The imposition of penalties within the framework of the system of employee discipline during the period of socialism in Poland

ABSTRACT The purpose of this article is to identify different forms of punishment administered on employees in Polish organisations during the socialist period. The authors discuss methods of punishment, former employees’ sentiments about their organisations’ climate and reasons for disciplinary dismissals. The material for the empirical part was collected by means of interviews. Its selection was targeted and based on snowball sampling. The majority of the interviewees claimed that the organisational climate at the time had been positive. However, acts such as favouritism of employees belonging to the ruling party, widespread shortages of tools and materials, onerous working conditions and disregard of health and safety regulations were assessed negatively. During the period under study, formal penalties were rarely applied. Managers had employment quotas to fill, and employees were not afraid of losing their jobs as they could be employed elsewhere relatively easily. Financial penalties were imposed quite often. Disciplinary dismissals were rare and occurred only when managers saw no other means of discipline left at their disposal.

ОХРАНА ПРАВ РЕБЕНКА МЕРАМИ УГОЛОВНО-ПРАВОВОГО ХАРАКТЕРА

The article draws attention to the fact that in accordance with pt. 1 of art. 54 of the Family Code of the Russian Federation, the terms “child” and “minor” are identical. Two vectors of the protection of the rights of the child by measures of a criminal law are considered: the child as a victim of a crime (victim); and the child as the subject of the crimes he commits. Emphasis is placed on the expediency of using terms in the criminal law that specify the age group of the child, which affects either the concept of the criminality of the committed act, or the establishment of a qualifying sign of the corpus delicti, or the imposition of punishment. Proposals have been made to change the approach to establishing in the law measures of a criminal nature for a minor.

Law Enforcement Against Illegal Logging in The Jurisdiction of the Tejakula Buleleng Police Sector

The practice of illegal logging is generally carried out by individuals who have official permission from the government to carry out forest logging, such as holders of Forest Ruler Rights (HPH) concession permits, however, if it is further detailed, the perpetrators of illegal logging are organized groups. Law enforcement in overcoming the crime of illegal logging Tejakula Sector Police use 2 (two) means, namely: Penal efforts that focus more on the repressive nature, namely actions taken after the crime occurs with law enforcement and imposition of penalties for crimes that have been committed, and non-penal efforts, a countermeasure that focuses more on the preventive nature, namely actions in the form of prevention before the crime occurs. To solve the problems in this study, the research method is the type of normative legal research supported by conducting field observations with the interview process with the Tejakula Buleleng Sector Police Investigator. So the expected results in this study, the most substantial is the difference in interpretation in terms of administrative sanctions there is a blurring of legal norms in Article 18 paragraph (1) of Law Number 18 of 2013 concerning the prevention and eradication of forest destruction, because in its application or implementation sometimes there is overlap between the meaning of the sentence of the implementation of government coercion sanctions with administrative sanctions of forced money

The synergistic impact of incentive and regulatory environmental policies on firms’ environmental performance

The imperative to enhance corporate environmental performance is not only pivotal for a company’s growth but also crucial for fulfilling societal responsibilities and protecting global environmental interests. Recognizing the inadequacies of standalone environmental policies, our study delves into the synergistic effects of incentive-based and regulatory approaches on the environmental performance of listed firms in China. We meticulously examine the interplay between environmental punishment and subsidies over the period of 2015–2019. Our analysis reveals that a strategic combination of punishment and subsidies can substantially improve firms' environmental performance. This effect intensifies with the increasing amounts of fines and subsidies. Additionally, we explore the dynamic effects of policy implementation. Our results indicate that subsidies implemented either a year before or after the imposition of punishment might diminish the effectiveness of standalone environmental penalty policies. Furthermore, our findings suggest that diverse regulatory policies enhance firm environmental performance by promoting investments in environmental protection and fostering green innovation. This discovery highlights the need for a nuanced understanding of policy mixes and their implications for corporate environmental strategies.

THE PHENOMENON OF VIOLENCE IN THE CONTEXT OF THE RELATIONSHIP BETWEEN MORALITY AND LAW

The article examines the problems of the relationship between morality and law, the similarities and differences in their approaches to regulating social relations. It is noted that the most significant difference between law and morality lies in its reliance on coercion without which, its implementation is impossible. In this regard, the phenomenon of violence as an extreme manifestation of coercion is highlighted as the main aspect of the study. The main signs of violence are indicated – this is an action committed against the will of a person, evaluated purely negatively. The question is being considered whether the punishment imposed by the will of the state, being unconditional coercion, can be regarded as violence. It is noted that, unlike moral norms, sanctions are clearly expressed in legal norms, so it is known in advance what kind of response the state should expect in case of violation of those norms. It is this prior knowledge that allows us to believe that a person who deliberately violated a certain legal prohibition under threat of punishment, thereby expressed its willingness to endure the consequences of such a violation. It is concluded that the imposition of punishment cannot and should not be regarded as violence proper, since it conventionally presupposes consent to its use and, as a result, excludes its negative assessment. In conclusion, it is emphasised that, to a large extent, and since the law is based on coercion, occasionally associated with the use of violence, society places higher demands on the observance of moral norms precisely to those who apply it.

Integration between constrained optimization and deep networks: a survey.

Integration between constrained optimization and deep networks has garnered significant interest from both research and industrial laboratories. Optimization techniques can be employed to optimize the choice of network structure based not only on loss and accuracy but also on physical constraints. Additionally, constraints can be imposed during training to enhance the performance of networks in specific contexts. This study surveys the literature on the integration of constrained optimization with deep networks. Specifically, we examine the integration of hyper-parameter tuning with physical constraints, such as the number of FLOPS (FLoating point Operations Per Second), a measure of computational capacity, latency, and other factors. This study also considers the use of context-specific knowledge constraints to improve network performance. We discuss the integration of constraints in neural architecture search (NAS), considering the problem as both a multi-objective optimization (MOO) challenge and through the imposition of penalties in the loss function. Furthermore, we explore various approaches that integrate logic with deep neural networks (DNNs). In particular, we examine logic-neural integration through constrained optimization applied during the training of NNs and the use of semantic loss, which employs the probabilistic output of the networks to enforce constraints on the output.

Market supervisor monetary penalties for non‐compliance with informational requirements: Do investors care?

AbstractThis study measures and differentiates investors' responses to market supervisors' monetary penalties for non‐compliance with informational requirements for the capital market in Poland, broken down by the type of distorted information and the form of a breach. An event study was conducted to measure the information content of monetary penalties. We used a market model and tested the significance of abnormal daily returns using both parametric and non‐parametric tests. Cross‐sectional analyses were conducted to measure the determinants of market reactions. We employed two novel classifications of non‐compliance: by the type of distorted information (financial reporting information and other information) and by the form of a breach (failing to provide information and providing erroneous information). We contribute to the literature by finding that investors react negatively to monetary penalties imposed on companies for non‐compliance with financial reporting information requirements, whereas they do not react to such penalties for non‐compliance with other information requirements. We incorporate original variables that explain the magnitude of the market reaction and find that (i) the longer the distance between the breach and penalty imposition, the weaker the market reaction, and (ii) the greater the monetary penalty, the stronger the market reaction. We also find that both forms of breach lead to similar negative market reactions.

On the question of the role of the principle of justice in the system of principles of criminal punishment

On the question of the role of the principle of justice in the system of principles of criminal punishment

Problematic Issues of the Correlation of Circumstances Aggravating Punishment with Qualifying Factors

Introduction: the issues of the correlation of aggravating circumstances with qualifying factors provided for in the Special Part of the Criminal Code of the Russian Federation are of particular importance in the science and theory of criminal law. However, the main layer of proceedings is assigned to the subjects applying the law. The law enforcement officer faces a number of issues related to the definition, correlation and delineation of aggravating circumstances, which are fixed in the General Part of the Criminal Code of the Russian Federation and qualifying constituent elements. Of course, the resolution of these issues affects the measures of criminal responsibility and criminal punishment. Methods: the methodological framework for the study includes a whole range of methods of scientific cognition, among which the methods of system analysis and synthesis are of fundamental importance. Results: the paper presents the analysis of the circumstances aggravating punishment and their correlation with qualifying factors, which are fixed in the articles of the Special Part of the Criminal Code of the Russian Federation. The factors that make it possible to distinguish between circumstances aggravating punishment and qualifying factors are considered and classified. Conclusions: a comparative analysis of the correlation of circumstances aggravating punishment and qualifying factors allows concluding that qualifying factors, unlike aggravating circumstances, affect not only the imposition of punishment, but are also directly taken into account in the process of differentiation of criminal responsibility and in the classification of specific criminal acts.

The prosecutor gender gap in Texas death penalty cases

AbstractObjectiveWe examine the degree to which sentencing patterns in Texas capital cases vary by the gender of the prosecutor. In so doing, we explore the possibility that a factor unrelated to the crime influences whether the death penalty is sought and whether it is imposed.MethodsAcross more than 14,000 capital cases prosecuted in Texas between 1978 and 2018, we use bivariate data and logistic regression to explore the relationship between prosecutor gender and the sentences sought and imposed in capital cases. We control for various details of the crime, victim and defendant demographics, and political variables.ResultsBivariate data reveal that women district attorneys pursued fewer death sentences and ultimately produced fewer death sentences than men. A logistic regression estimates capital case defendants were over 30 percent more likely to be sentenced to death if they faced a male district attorney than a female district attorney.ConclusionThe difference in death penalty imposition based on prosecutor gender is consistent with a theory of masculine focal concerns which suggests differences in the sentencing decision‐making processes of women and men. The results contribute to a growing collection of evidence showing that death penalty cases are affected by factors other than the severity of the crime and the culpability of the defendant, suggesting that case outcomes are subject to “arbitrary” influences that the courts have otherwise deemed suspect and potentially unacceptable.

Technological cooperation relationships among supply chain enterprises under the perspective of technological blockade: A tripartite evolutionary game model

In the era of accelerated globalization, the issue of technology blockade in complex product supply chains has taken centre stage, making the resilience and security of these chains a focal point in the strategic manoeuvres of major nations. This paper presents a tripartite evolutionary game model encompassing main manufacturers, domestic suppliers, and foreign suppliers. The aim is to delve into the internal mechanisms of transnational supply chain enterprises dealing with complex products, utilizing the “double cycle” framework to address technological blockade. The study's findings reveal a progression in the evolutionary system linked to the technological innovation capabilities of domestic suppliers. The system evolves from the independent innovation of domestic suppliers to cooperative innovation within domestic enterprises and ultimately culminates in joint ventures and cooperation involving multinational suppliers. Additionally, a noteworthy technology gap exists between domestic and foreign countries, suggesting that introducing foreign advanced technology initially and mimicking innovation can effectively mitigate research and development risks. Furthermore, the study underscores the role of Chinese government subsidies in incentivizing technological innovation among domestic suppliers, particularly pronounced when facing significant technology gaps. Simultaneously, the foreign government's imposition of penalties on premium sales by foreign suppliers serves as a catalyst for internal innovation within Chinese enterprises. These actions also motivate multinational enterprises to invest and cooperate, fostering the development of an international cycle. This study provides a fresh perspective on overcoming foreign technological blockades. Its positive implications extend to the advancement of technology in China's complex product landscape and the bolstering of supply chain resilience.

СПЕЦИАЛЬНО-КРИМИНОЛОГИЧЕСКИЕ МЕРЫ ПРЕДУПРЕЖДЕНИЯ РЕЦИДИВНОЙ ПРЕСТУПНОСТИ

Currently, prevention is considered as one of the main activities of law enforcement agencies. Its content is reduced to carrying out measures aimed at preventing the commission of crimes by persons who have previously committed criminally punishable acts. In order to establish a system of measures for the special prevention of recidivism, the article examines the causes, conditions and circumstances contributing to its spread. It has been established that the imposition of punishment in case of recidivism has specifics related to the fact that the applied corrective measures do not bring the desired result, which necessitates the need to strengthen the impact on the defendant in order to return him to an honest life. Based on the results of the study, it was concluded that special criminological prevention of recidivism should be comprehensive, systematic and depend on the type of recidivism. Measures for the timely detection, suppression and prevention of recidivism should be reflected in the activities of various State bodies, officials, including internal affairs bodies, the commission on juvenile Affairs, institutions of the penal enforcement system, and judicial authorities.

Ошибки потерпевшего в сфере уголовного права

In addition to the criminal, who is mistaken about the circumstances of his or her socially dangerous behavior and its legal assessment by the state, there is another subject that is present in many criminal torts – the victim. His role in the etiology of crime has only recently been noticed and discussed in the context of victimization. However, the problems related to the victim’s erroneous behavior are poorly studied by domestic and foreign specialists. The unreasonable behavior of the victim is largely based on his misconceptions, so it seems quite acceptable to use the term “victim mistake” in the sphere of criminal law. At the same time, the victim’s delu-sions pose a threat not only to himself, but also influence the crime committed by the criminal. The author states that such behavior of the victim can act as a determining factor in the formation of the antisocial orienta-tion of the personality of the harm-doer. The victim’s mistake is a person’s incorrect assessment of the possible danger of his action for himself. The presence of such should affect the limits of responsibility of the guilty per-son, and therefore the article suggests directions of its consideration in the imposition of punishment.

TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PEMBUNUHAN BERENCANA

This study aims to determine the application of the elements of the crime of premeditated murder under Article 340 of the criminal code in Decision No : W20.U1/25 / AT.05.02/12/2019 and to find out the legal considerations of the panel of judges in the imposition of penalties against perpetrators of premeditated murder in the decision No. W20.U1/25 / AT.05.02/12/2019.The method used in this study is the technique of data collection by way of research study of documents conducted in the Gorontalo District Court and reading literature and other reading sources as well as interview techniques in which the authors conduct direct questioning to the parties concerned in this case Gorontalo District Court judges, prosecutors and legal experts concerning the object research. The results of this study showed that the application of elements of the crime of premeditated murder law and Decision No: W20.U1/25 / AT.05.02/12/2019 is accurate.the public prosecutor uses the indictment of the first indictment primair Article 340 of KUHP ,indictment subsidiair 338 of KUHP indictment more subsidair 351 paragraph(3) of KUHP and the second indictment 285 of KUHP

COST AND TIME ANALYSIS USING EARNED VALUE METHOD BUILDING CONSTRUCTION OF DISTANCE LEARNING PROGRAM UNITS OF SURABAYA OPEN UNIVERSITY PHASE II

Project delays often serve as a catalyst for conflicts and disagreements between project owners and contractors, leading to significant financial implications. Such delays result in costly consequences for both parties involved. Contractors face the imposition of penalty fines as stipulated in the contractual agreement, alongside incurring overhead costs during the prolonged project duration. Conversely, owners experience a direct impact on their revenue streams due to delays in the operationalization of the facility. In the context of the construction of the Surabaya Open University Distance Learning Program Unit building phase II, the examination of cost and time performance becomes imperative. Employing the earned value method offers a comprehensive approach to project performance evaluation, involving a meticulous comparison of actual expenses and timelines with the initially anticipated costs. This analytical approach aids in understanding the project's progress and identifying areas where adjustments may be necessary to mitigate potential delays. The Earned Value Method (EVM) analysis of the Surabaya Open University Distance Learning Program Unit building phase II reveals a projected total cost of IDR 73,908,443,223.09 by the time the project reaches completion. This estimation provides stakeholders with valuable insights into the financial commitment required for the successful conclusion of the project. Additionally, the anticipated timeline for completion is estimated at 53 weeks, serving as a crucial parameter for project planning and management.

Роль уголовной политики в деятельности уголовно-исполнительной системы

This article attempts a scientific and theoretical understanding of the modern criminal policy of the Russian Federation and its impact on the penal enforcement system, namely on the state of the regime (law and order) in institutions and bodies executing criminal penalties in the form of imprisonment. The analysis of the work on the prevention of penitentiary crimes forces penitentiary scientists to look for effective, scientifically based ways to counteract them. The humanization of criminal policy expressed in the application of criminal penalties not related to deprivation of liberty, for example, the imposition of punishment in the form of forced labor, has significantly reduced the quantitative index of persons held in correctional institutions, but, unfortunately, this has led to the concentration of particularly dangerous criminals in these institutions, which negatively affected the state of law and order in these institutions and This has led to an unprecedented increase in offenses in modern penitentiary history, committed by convicted persons serving a criminal sentence in the form of imprisonment. Thus, a comprehensive study of the relationship between criminal policy and penal enforcement policy will allow us to develop a number of effective measures aimed at achieving the goals pursued by criminal and penal enforcement law and significantly reduce the level of penitentiary crime.

A Study of Penalties Levied on Various Banks Operating in Co-Operative Sector by Reserve Bank of India

This study contains analysis of various reasons of penalties levied by Reserve Bank of India on various banks operating in Co-operative sector in India. The analysis is based on unique data base of 100 financial penalties imposed during January 2023 to Aug. 2023 on almost 100 banks operating like PSU banks Small banks, Private Sector Banks or Co-operative banks. It is evident from the data that how co-operative banking institutions neglected required due diligence on various statutory or regulatory guidelines and attracted penalties from RBIs. We also demonstrate the various reasons behind the imposition of penalties to the co-operative banking sector.

Ответственность за призывы к совершению преступления в уголовном праве Российской Федерации

The legislator’s approaches to establishing criminal liability for calls to commit crimes in the Russian Federation are examined in this article using the formal-legal and historical-legal methods of research. In total, the current Criminal Code of the Russian Federation contains nine articles, with the introduction of which the legislator criminalized calls: Art. 110² (organization of activities aimed at inducing suicide), Art. 205² (public calls for terrorist activities, public justification of terrorism or propaganda of terrorism), Part 3 of Art. 212 (calls for mass riots or participation in them, as well as calls for violence against citizens), Art. 280 (public calls for extremist activities), Art. 280¹ (public calls for actions aimed at violating the territorial integrity of the Russian Federation), Art. 280³ ( public actions aimed at discrediting the use of the Armed Forces of the Russian Federation in order to protect the interests of the Russian Federation and its citizens, maintain international peace and security, exercise the powers of state bodies of the Russian Federation, provide assistance to volunteer formations, organizations or individuals in fulfilling the tasks assigned to the Armed Forces Forces of the Russian Federation or troops of the National Guard of the Russian Federation), Art. 280⁴ (public calls for activities directed against the security of the state), Art. 284² (calls for the introduction of restrictive measures against the Russian Federation, citizens of the Russian Federation or Russian legal entities), and Art. 354 (public calls for a war of aggression) of the Criminal Code of the Russian Federation. These norms are characterized by both general and certain features, and some of them turn out to be quite contradictory and require the attention of the legislator in the subsequent improvement of criminal legislation. So, for example, the qualification of acts prohibited by Part 1 of Art. 280¹, Part 1 of Art. 280³ and Art. 284² of the Criminal Code of the Russian Federation is made dependent on administrative prejudice, which seems unacceptable in the context of the importance of objects of criminal legal protection – all these crimes are classified as acts that encroach on the foundations of the constitutional order and the security of the state (Chapter 29 of the Criminal Code of the Russian Federation). In addition, in certain norms (Part 1 of Art. 110¹ and Part 1 of Art. 110² of the Criminal Code of the Russian Federation) there is an inconsistency in the degree of severity of liability for inducement to commit a crime and calls to commit crimes, although inducement, it seems, in all cases should be seen as a more serious act. But the most significant issue that attracts attention when addressing the topic of calls to commit a crime is the entry of certain articles of the Special Part of the Criminal Code of the Russian Federation on “criminal calls” into competition with the norms of the General Part on complicity in a crime (in particular, incitement) and an unfinished crime. It seems advisable to consider the norms of the General Part as priority and, in order to ensure uniformity of law enforcement practice, to refuse to establish liability for certain types of calls, describing their general features within the framework of the norms on complicity and imposition of punishment.

Analysis of Disallowance of Cess as Business Expenditure and Retrospective Penalty Imposition

Analysis of Disallowance of Cess as Business Expenditure and Retrospective Penalty Imposition

Legal Reform Urgency: A Critical Analysis of Notary Officials Convicted More Than Once with Imprisonment Sentences Below Five Years

A Notary in Indonesia is a public official appointed by the Minister of Law and Human Rights of the Republic of Indonesia. Its function is crucial in ensuring certainty, order, and legal protection in the realm of civil law. In carrying out their duties, a notary is obliged to maintain the integrity and dignity of their profession by avoiding violations stipulated in the Notary Office Law and Code of Ethics. Administrative sanctions can be imposed on a notary who violates the rules, such as written warnings, temporary suspension, honorable discharge, and dishonorable discharge. Finally, dishonorable discharge can be applied when a notary faces the threat of imprisonment for five years or more. However, if the threat of imprisonment is less than five years, the notary still has the opportunity to resume their profession after serving the sentence. The issue arises when the Notary Office Law does not provide clear provisions regarding the imposition of penalties if a notary faces a criminal threat of less than five years more than once. This situation creates a legal norm vacuum and ambiguity in the role of the Notary Supervisory Board in determining sanctions against notaries who commit such violations.