Issues Of Responsibility Research Articles

Features and limits of delinquency of minors in relations of a diversified type

In the article, the author examines the features of one of the elements of the legal personality of minors, their delictability, and determines its specificity in relations of a diverse type (civil, family, procedural, labor, criminal) with their participation. The author identifies the sectoral features of his delictability, due to the essential influence of his individual criteria, physical and social maturity, belonging to a special subject of responsibility and the content of industry norms defining the basis and conditions of his responsibility. The author proves that at the present stage of development of the legislation of the Russian Federation, the norms defining the responsibility of minors require regularity and systemic changes, in particular the theoretical and practical need for the allocation of so-called special torts. The article argues the conclusion about the need to take into account in tort obligations the responsibility not only of minors and their legal representatives in cases of their lack of proper performance of rights and obligations towards a minor, but also to take into account current trends in the development of legislation that allow considering the issue of reciprocal responsibility of legal representatives to minors.

Jurisdiction of the International Tribunal for the Law of the Sea in Terms of Giving Advisory Opinions and Prospects of the Delivery thereof on Combating Climate Change

On 25 September 2023, the landmark request for an advisory opinion addressing issues of State responsibility for the ongoing climate crisis took a new turn — oral hearings were concluded in the International Tribunal for the Law of the Sea (ITLOS). The article explores on what exactly rests the jurisdiction of the Tribunal, allowing it to issue the sought advisory opinion. The article outlines the main arguments, presented by the States parties to the United Nations Convention on the Law of the Sea (UNCLOS), which question the conclusiveness of ITLOS’s jurisdiction to some extent. The article reveals that despite a very debatable nature of the aforementioned advisory jurisdiction of the full Tribunal, it is highly probable that ITLOS will eventually formulate the sought opinion given that the subject matter of the case is quite resonant. The authors also argue on the potential influence the climaterelated advisory opinions of international judicial organs may have on the development of international law.

Comparison of Indonesian and Norwegian Laws regarding Criminal Responsibility of perpetrators with Intellectual/Mental Disabilities

The criminal responsibility of offenders with mental or intellectual disabilities varies significantly across legal systems, influencing policies within the criminal justice framework. In some jurisdictions, provisions exist allowing for the consideration of disabilities as grounds for exoneration or mitigation of punishment. The reform of Indonesia's Criminal Code in 2023, particularly Articles 38 and 39, addresses the issue of criminal responsibility for individuals with mental or intellectual disabilities. However, challenges arise when the concept of diminished criminal liability is tied more to the defendant's mental or intellectual condition rather than their culpability in the criminal act itself. This study aims to examine and compare these legal regulations and policies with those of Norway. Using a juridical-normative method with legislative and comparative approaches, the research seeks to elucidate the differences in how Indonesia and Norway handle the criminal responsibility of offenders with disabilities. By doing so, this paper aims to clarify the regulatory frameworks governing the exoneration and reduction of criminal liability for individuals with disabilities in Indonesia, ensuring that law enforcement practices align with the rights and considerations afforded to such individuals

ПРОБЛЕМА АДМИНИСТРАТИВНЫХ БАРЬЕРОВ ПРИ ОСУЩЕСТВЛЕНИИ ТРУДОВОЙ ДЕЯТЕЛЬНОСТИ ПРЕДПРИНИМАТЕЛЯМИ И СОТРУДНИКАМИ СТРУКТУРНЫХ ПОДРАЗДЕЛЕНИЙ ОРГАНОВ НАДЗОРНОЙ ДЕЯТЕЛЬНОСТИ В СИСТЕМЕ МЧС РОССИИ

The problems of administrative barriers for both executive authorities and controlled persons were considered. A partial analysis of the situation with fires and their consequences on the territory of the Russian Federation in recent years in the field of fire safety is given. It is stated that a significant part of the causes of fires occurring in buildings and structures falls on the emergency mode of operation of power grids. It is noted that arc breakdown or sparking is one of the most common causes of «electric» fires. The issue of responsibility for the serviceability and integrity of electrical wiring at the protection facility was touched upon. It was concluded that the progress of the goal to improve the quality of life of citizens, among other things, is achieved by the use of experimental methods of legal regulation.

AUTHORITY OF LOCAL GOVERNMENT BODIES TO ENSURE THE ECONOMIC SECURITY OF THE COMMUNITY

The content of the scientific article corresponds to its title and consists in determining the powers of local self-government bodies to ensure the economic security of the community. It was emphasized that an important aspect of the effective provision of the economic security of Ukraine is an optimally constructed and functioning system of public administration bodies, whose activities, among other things, should ensure the economic security of the state, ensuring proper control of the implementation of the relevant policy. Subordination to political power, enforcement and application of laws are essential features of such a subject of public administration as local self-government bodies; activity in the public interest, the presence of the prerogative of public authority. The powers of local self-government bodies to ensure economic security include: obtaining from enterprises the necessary information about draft plans, mandatory coordination of enterprise plans; submitting proposals to projects on issues related to meeting the needs of the population; preparation of proposals for the privatization of municipal enterprises; receiving payment for land use; establishing cooperation with managers of enterprises of all forms of ownership in the direction of improving the state of development of the economic sphere of the region, analyzing and forecasting the development of the economic potential of the territory; development and implementation of models for the recovery of the local economy, entrepreneurship, diversification of production, etc. In order to improve the activities of military administrations in the field of ensuring economic security, along with the competences for ensuring national security, we suggest: streamlining the provisions of the legislation regarding their powers to make decisions on banning the trade in weapons, potent chemical and poisonous substances, alcoholic beverages and substances produced on an alcohol basis; to attribute to the competence of regional and district military administrations the authority to assist the activities of judicial and law enforcement bodies, bodies of the bar; carrying out joint analysis and holding meetings with the prosecutor’s office and other law enforcement agencies on security issues, in particular in the economic sphere in the relevant territory; participation in the preparation, approval and organization of the implementation of relevant regional and local programs. It is substantiated that the introduction of appropriate changes to the legislation will make it possible to standardize the principles and methods of activity of local self-government bodies and military administrations, to reflect the issues of responsibility and guarantees of legal status and, among other things, to formulate powers in the field of ensuring economic security.

LEGAL REGULATION OF ECONOMIC LIABILITY ACCORDING TO THE LEGISLATION OF UKRAINE

The article analyzes legislative acts that are the basis of economic and legal responsibility. Attention is focused on the fact that issues of economic and legal responsibility are regulated both by codified acts: The Economic Code of Ukraine, the Civil Code of Ukraine, and special laws. The Economic Code of Ukraine has a section “Liability for offenses in the field of business”, which regulates relations regarding compensation for losses in the field of business; reveal the concepts, sizes, types and procedure of applying fines, operational-economic sanctions and administrative-economic sanctions. The Civil Code of Ukraine contains a number of chapters and articles devoted to compensation for damages; compensation for moral damage; protection of property rights; penalty, withholding, etc. as a form of economic and legal liability. The Code of Ukraine on Administrative Offenses regulates the general procedure for prosecution for offenses in the field of business. Special legislation of Ukraine regulates certain areas of economic activity and liability for violation of its norms, for example: liability for offenses in the field of urban planning; responsibility for untimely fulfillment of monetary obligations; responsibility in the field of public procurement; responsibility for the use of low-quality and dangerous products; responsibility for violation of banking norms; responsibility for violations in the field of consumer rights protection; responsibility for violation of license terms of economic activity, etc. Key words: legal regulation, legal responsibility, administrative and economic sanctions, licensing of economic activity, public procurement, offense, fine, penalty, reparation, detention, operational and economic sanctions, economic competition.

Teachers’ Facebook rebellion groups: sites for professional collegial deliberation?

ABSTRACT This study examines conversations in a Swedish teachers’ School Rebellion (SR) group on Facebook, a group that attracts members who wish to engage in activism for a different and better Swedish school system and improved conditions for teachers. The phenomenon of teachers’ Rebellion Facebook groups is relatively new. It has emerged in several countries over the past decade and clearly differs from traditional online teacher collaboration and professional development groups. Placing the Swedish SR initiative in the context of discussions on changing teacher professionalism over the last decade, the aim of this study is to examine what content is given presence in SR posts and how it is discussed by members, and to determine the extent to which the communication between the participating teachers has the potential to strengthen collective professionalism. To this end, curriculum theory and the concept of deliberative communication are combined to address questions of content and various relations between actors and levels, such as power and responsibility issues. The analysis shows that many topics related to teaching and education appear in the conversations, deliberative approaches vary from what is termed pre-deliberative to deliberative and even counter-deliberative. Although all participants have a voice, the administrators’ role is shown to be of special interest. Based on these findings, the administrators’ responsibility to maintain professional collegial deliberation is discussed as a complex mission of deliberation over political, pedagogical, and practical issues.

FORMATION OF MARKETING STRATEGIC ANALYSIS IN THE FIELD OF TOURISM

This article is devoted to the important topic of marketing strategic analysis in the field of tourism. The authors examine methods and approaches that help tourism companies and organizations effectively develop their business in a competitive environment. The article considers such key aspects as the definition of marketing strategies, which describes the methods of defining marketing strategies that allow tourism enterprises to determine competitive positioning and target audience, emphasizes the importance of correct market segmentation and definition of the target audience for effective marketing. Formation of marketing strategic analysis in the field of tourism is a very urgent and important task. The tourism industry is becoming increasingly competitive, new players and tourist regions are emerging that offer similar services. Marketing strategic analysis allows you to identify both internal and external reserves of competitive potential. The theory and practice of evaluating the competitive potential of a tourist enterprise operates with a significant number of various methods, which differ in the complexity of use and feasibility of application depending on the scale of production and the specifics of the tourism company's field of activity. Such methods can be classified: according to the direction of information base formation (criteria and expert methods); according to the method of displaying the final results (graphical, mathematical and logical methods); by suitability for the development of management decisions (simultaneous and strategic assessment methods); by assessment method (indicative and matrix methods). Strategic analysis helps to develop unique offers for tourists and increase competitiveness. Today's tourists are increasingly emphasizing unique experiences, sustainable activities, and are increasingly demanding how their needs are met. Marketing analysis allows you to adapt offers to these changes. The Internet and digital technologies have transformed the way tourists search for, book and consume travel services. An effective digital strategy and analysis is required to ensure a presence in the online environment. Issues of sustainability and environmental responsibility are becoming increasingly important in the tourism industry. The analysis helps to develop strategies aimed at conserving natural resources and reducing the impact on the environment. Tourism is a global industry, and tourism businesses must consider the international context in their strategies and analyses. Therefore, the formation of marketing strategic analysis in tourism remains an urgent task for enterprises and organizations in this field. It helps to adapt to market changes, innovate and compete effectively, ensuring a quality experience for tourists and business sustainability. Keywords: strategy, strategic analysis, stages of strategic analysis, marketing strategies in tourism.

From Aspiration to Public Policy: Imprinting UNGP-Aligned Footprints of Corporate Responsibility and Accountability into the Shifting Sands of International Arbitration Practice

Abstract Endorsed more than a decade ago by the UN Human Rights Council, the UN Guiding Principles for Business and Human Rights (UNGPs) articulate the responsibilities of States and corporations for human rights. Since then, the issue of corporate responsibility for human rights, and also the environment, and how it ought to be recognized and enforced, has attracted increasing attention. In more recent years, States have promulgated a flurried storm of ESG regulations requiring disclosure of human rights or climate risks or mandating human rights due diligence across global supply chain networks, intensified their transition to greener economies, and continued to negotiate treaties infused with dreams of more sustainable investment and development. Against this backdrop, in October 2023, a UN Special Rapporteur presented a report that condemned the international arbitration system for prioritizing the protection of corporate property rights over the protection of international human rights and the environment. In tracing the development of a ‘soft law’ aspiration of corporate responsibility to inscriptions into ‘hard law’ international investment law treaty instruments and then considering how those inscriptions have been interpreted and applied by tribunals, this article finds that despite the nascent recognition of corporate responsibility for human rights and the environment, the enforcement of accountability for that responsibility in international arbitral practice is currently misaligned with the UNGPs and with other fundamental tenets of international law. This article subsequently explores the opportunity, and implications, for imprinting stronger footprints of responsibility and accountability in international arbitral practice, including through the potential recognition of new international public policy upholding corporate responsibility for human rights and the environment, and in doing so, highlights the need for greater cross-industry, multidisciplinary and multilateral dialogue on an issue of not only global significance, but with global impact.

Nutritional Screening, Initial Management and Referral for Older People with Sarcopenia or Frailty - Results from a UK-Wide Survey.

We surveyed healthcare staff working with older people to understand current practice in nutrition screening, initial management and referral for older people with sarcopenia and frailty. We conducted a UK-wide web-based survey of staff working with older people in both hospital and community settings. Surveys were distributed through professional organisation e-mail lists and social media channels. Descriptive data were generated from categorical responses and inductive thematic analysis was applied to free-text responses. Data were analysed from 169 respondents (110 hospital, 59 community), representing 99 healthcare organisations. 91 (83%) hospital respondents and 24 (41%) community respondents reported that nutrition screening was performed on all patients with sarcopenia or frailty. The Malnutrition Universal Screening Tool was most commonly used to trigger referral to dietetics teams, but there was considerable variation in management before referral, referral thresholds and referral pathways. Themes derived from free-text responses included the need for training, issues of responsibility and ownership, inadequate resources (time, staff and equipment) and ineffective or inefficient processes for referral and management. Current UK nutritional care for older people with sarcopenia and frailty is heterogeneous. There are opportunities for better tools, processes, training and resources to improve current practice and pathways.

TAX CONTROL AS AN ELEMENT OF INTERACTION BETWEEN TAX PAYERS AND TAX AUTHORITIES

The article analyzes the role and importance of tax control as a key element of interaction between taxpayers and tax authorities. It is determined that tax control is a key element of the tax system, since the functioning of the country's economy depends on its effectiveness, and forms of tax control contribute to the efficiency of tax relations. The elements and methods of tax control are considered, and it is determined that it operates within the framework of strict legal regulation and has a state character. It is established that in order to increase the activity of tax control, it is necessary to resolve the issue of interaction and mutual responsibility between taxpayers and the State. This is possible through the introduction of the basic principles of taxation and the formation of a tax policy that meets budget priorities and the organization of public expenditures. The article identifies the factors that complicate the implementation of tax control. Among them are the difficult financial situation of many taxpayers, the low level of tax culture and taxpayers' distrust of the tax authorities. These problems can be overcome by improving tax legislation, strengthening the responsibility of tax officials, and by taking measures to raise awareness and educate the public about the importance of paying taxes correctly. It is analyzed that the digital transformation of tax audits leads to a significant reduction in the time required for their conduct and an increase in the likelihood of detecting tax evasion. However, this process faces a number of problems that can be solved by amending the relevant legislative acts

Civil, administrative and criminal liability of medical workers

From the point of view of legislation, medical care refers to the provision of services, however, the issues of legal responsibility of a medical worker, which is imposed in case of violation of the rights of a patient, are quite difficult and are characterized by controversial points for assessment. Today, a large number of complaints from patients are filed against doctors, requiring consideration by the competent authorities. The article considers the features of civil, administrative and criminal liability applied to medical workers.

Parent-Subsidiary Responsibility in the Development of Multinational Enterprises

As a core subject in the current international market economic activities, the parent-subsidiary company not only plays an important role in the development of multinational enterprises themselves, but also plays an important role in the bonding of cooperation between countries. However, the limitations of the traditional corporate law governance model, especially the limited nature of liability, make multinational corporations in the actual operation of many problems. Among them, the issue of responsibility sharing between parent and subsidiary companies is still one of the core issues that need to be continuously focused on at this stage, because the assumption of responsibility by parent and subsidiary companies not only has an important impact on the development of the international market economy, but also pays direct attention to the acquisition of creditor's interests. Through comparative research, historical research, and other research methods, the issue of responsibility-sharing among parent-subsidiary companies of multinational enterprises will be studied. The role of the corporate veil piercing system in responsibility-sharing will be analyzed based on domestic and foreign legislation and judicial experience. The aim is to identify a responsibility-sharing approach that promotes the development of multinational enterprises while safeguarding the interests of creditors.

Blockchain adoption to eliminate dispute in platform-supplier cooperative delivery

Inefficient delivery services undermine consumers’ online shopping experience, posing a crucial challenge for e-commerce platforms and suppliers. In a platform-supplier cooperative delivery system, the issue of unclear responsibility for quality defects often arises. By utilizing real-time traceability enabled by blockchain, the platform can promptly identify supplier delivery accidents and return defective products directly to the supplier. This blockchain-enabled return mechanism could significantly reduce disputes in cooperative delivery processes. We develop a game theoretical model to analyze delivery strategies in supply chains with and without blockchain, and further examine the impact of blockchain on members’ delivery services and their profits. Our analysis indicates that blockchain incentivizes the platform to conduct high-level delivery services. However, it may either encourage or discourage the supplier’s provision of high-level delivery services. Moreover, blockchain acts as a double-edged sword in the supply chain, enhancing consumer satisfaction while also increasing wholesale prices. The interaction between these two effects determines whether blockchain negatively impacts on the supply chain’s profit, with the disposal cost of returned products by the supplier playing a crucial role. When the supplier’s disposal cost is relatively high, blockchain may result in supply chain members being worse off, despite its enhancement of consumer satisfaction. Furthermore, we find that blockchain enhances both the delivery service level and the profit of the supply chain if neither the supplier’s disposal cost nor the platform’s cost of high-level service are high. This study provides valuable insights into the potential benefits and challenges associated with blockchain adoption in cooperative delivery systems.

Corporate governance, technological innovation, and corporate performance: Evidence from China

Corporate governance plays an important role in achieving high-quality economic development and sustainable corporate development. In recent years, as listed companies face increasing challenges in social responsibility issues such as environmental pollution and financial fraud, corporate governance has received widespread attention from academics and practitioners. In particular, technological innovation has attracted much attention to the development of enterprises. This paper also explores the intermediary mechanism of technological innovation based on the output measurement method of technological innovation. This study selected data from companies listed on the A-share main board of the Shanghai and Shenzhen Stock Exchanges in China from 2012 to 2022, aiming to explore the relationship between corporate governance and corporate performance. At the same time, we further analyzed the impact of corporate governance on corporate performance based on the mediating role of technological innovation. The research results show that equity balance degree, board size, and executive incentives all have a positive impact on corporate performance. Technological innovation has a certain mediating effect on independent variables (equity balance degree, board size, and executive incentives) and corporate performance. This study clarifies the controversy about the relationship between corporate governance and corporate performance and deepens the understanding of this relationship. It also provides empirical support for listed companies to pay attention to and improve corporate governance levels and enhance innovation capabilities. By exploring the interplay between governance mechanisms, innovation processes, and performance outcomes, researchers can gain a deeper understanding of how organizations can leverage governance practices to drive innovation-led growth and sustainable success.

Re-examining extreme poverty before and after the transition to capitalism, 1300s–1900s: the issue of definition, periodization, measurement, and causal responsibility

ABSTRACT The ‘standard narrative’ about capitalism and extreme poverty holds that the transition to the former was associated with a staggering reduction of the latter. Recently, this has been strongly called into question by a critical narrative grounded in a battery of non-GDP-based measures of extreme poverty and living standards, such as subsistence welfare ratios, skeletal height data, and famine reports. This critical narrative holds that extreme-poverty conditions were + rare in normal circumstances before the transition to capitalism, and that a significant deterioration amounting to extreme poverty happened in Europe and globally only afterwards. The present paper re-examines the issue, drawing on these and additional non-GDP-based historical sources of living standards, including formerly overlooked cases, such as pre-conquest Aztec Empire and Tokugawa-era Japan. It finds that the standard narrative’s portrayal of the prevalence of extreme poverty before capitalism is indeed mistaken. However, it also takes issue with parts of the critical narrative, mainly the idea that capitalism caused severe deterioration in living standards. On a widely shared definition of capitalism, and a quantitatively demonstrated periodization of the transition, the notion that living standards were generally poor before a society’s transition to capitalism and only started systematically improving afterwards has better support.

HUMAN RIGHTS AND MODERN TECHNOLOGIES: ETHICAL ASPECTS

This article examines the key ethical aspects related to the development and application of modern technologies in the context of human rights. The author explores how digitalization, artificial intelligence, biotechnology and other innovations affect basic human rights and freedoms, such as the right to privacy, freedom of speech, access to information and equality. Particular attention is paid to the problems of data privacy, digital inequality and issues of responsibility for decision-making based on algorithms. The article analyzes the legislative and regulatory framework aimed at protecting human rights in conditions of rapid technological progress. The article also examines examples from various countries and industries, demonstrating both the positive and negative effects of the introduction of new technologies. The author concludes that in order to ensure respect for human rights, it is necessary to develop an integrated approach, including interdisciplinary cooperation, strengthening public control and transparency of technological processes. They emphasize the importance of ethical education for technology developers and users, as well as the need for international cooperation in the field of regulation and standardization. The article is intended for researchers, lawyers, politicians and anyone interested in the impact of modern technologies on human rights and ethical issues related to their application.

YURIDIK SHAXSLARNING JINOIY VA MAʼMURIY JAVOBGARLIGI

" This article analyzes the issues of criminal and administrative responsibility of legal entities, while the current legislation defines the responsibility of only individuals for criminal and administrative offenses. This, in turn, implies administrative and criminal liability of legal entities, but not legal persons themselves, for violations committed by management bodies and officials of legal entities in favor of and for the benefit of the legal entity. This situation does not allow us to apply measures of responsibility to persons who are really interested in committing an offense and prevent violations in the activities of legal entities. For this reason, it is necessary to determine the liability of legal entities in addition to individuals for committing an offense. This is used in the experience of a number of developed foreign countries. Therefore, the article emphasizes the need to improve this direction in our country. In addition, the article analyzes the views of a number of scientists on the issues of the responsibility of physical and legal persons and the legislation of foreign countries. "

“Show them the playbook that these companies are using”: Youth Voices about why Computer Science Education Must Center Discussions of Power, Ethics, and Culturally Responsive Computing

Culturally responsive computing (CRC), that centers sociopolitical issues and transformational uses of technology, has been described as valuable for increasing engagement with computing, especially for historically underrepresented minoritized students. But what do high school students think? Through a sociocultural lens prioritizing student voices recorded in 56 interviews over a period of 2 years (1-3 years after students’ first experience with CS education through Exploring Computer Science or Advanced Placement Computer Science Principles in high school), this study centers the perspectives of 39 primarily low-income, Latine and Black youth from urban California and rural Mississippi public schools to understand what they perceive as the role of technology in our world and what they subsequently desire of their computing education. While none have studied CRC before, the majority responded with CRC ideas about the kind of pedagogy they believe would make for a more meaningful computing learning experience: They see computing as a form of power that impacts both good and bad in the world, and want computing educators to prepare them to take on these issues of equity, ethics, social responsibility, and underrepresentation in the field. The students’ perspectives offer important pedagogical insight into how to support deeper engagement with computing in current Computer Science for All initiatives, while also preparing youth for the rapidly evolving and increasingly complex computing landscape that impacts all of our lives.

Business Ethics and Accounting Professional Ethics in Financial Fraud

With the rapid development of China's economy and the increasingly perfect capital market system, listed companies have emerged like mushrooms after rain. However, behind the light and in the dark, cases of financial fraud by listed companies are not uncommon, without exception in all levels of the market, which has brought a series of negative impacts to all parties. In essence, financial fraud is a purposeful earnings management behavior that violates legal principles. The lack of professional ethics among accounting personnel, inadequate internal supervision of enterprises, and imperfect industry legal construction are all root causes. This article analyzes the responsibility issues of violating business ethics and professional ethics in financial fraud, and draws inspiration from it that listed companies should first ensure the essence of their own business ethics and professional ethics.