Liability For Offenses Research Articles

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.

Professional Liabilities of Legal Officer in Providing Legal Opinion to the Corporate Directors

The legal officer must be neutral when providing legal opinions to the directors. Therefore, the liability for providing legal opinions belongs to the directors. The research objectives are to specifically analyse the position of a legal officer as an employee of a company; and analyse the professional liability of a legal officer in providing legal opinion to the company’s directors. This research uses normative law research method with normative case studies in the form of legal behaviour products. While the approach method is a statutory approach. The legal officer is authorized in determining the measures to be taken by the company in accordance with the orders of the directors and applicable company regulations. The liability of the legal officer is limited to providing opinions in accordance with the duties and functions assigned by order of the directors in good faith and professionally.

Does Directors and Officers Liability Insurance Exacerbate Management Short-Termism?

This paper utilizes data from publicly listed companies spanning the years 2008 to 2022 to examine the influence and underlying mechanisms of Directors and Officers Liability Insurance (D&O insurance) on management short-termism. The analysis reveals that the acquisition of D&O insurance exacerbates the level of short-termism among corporate executives. This result withstands robustness tests employing various fixed effects, additional control variables, and sub-samples. The further mechanism analysis has discovered that the purchasement of D&O insurance exacerbates the management short-termism by alleviating corporate financing limitations, resulting in enormous influence among enterprises in large scales and companies that are not supervised by the big four accounting organizations.The findings of this research contribute valuable considerations for listed companies contemplating the acquisition of D&O insurance, offering meaningful insights for both corporate entities and regulatory authorities.

Вопросы организации экспертизы модели угроз

Currently, there is a need to develop a threat model regulated by a number of regulatory documents for various information systems that are subject to protection in accordance with current legislation. The threat model itself is a document whose main purpose is to identify current threats to a particular system. However, there are different types of information systems, for each of which the task of compiling a threat model may have different resource intensity. Also, an important aspect is the correctness of the developed threat model, since there is a law on liability for offenses in the field of information protection. Based on this, there is a need to consider the features of building a threat model for different types of information systems in order to simplify its examination. The paper presents a structured algorithm for building a threat model with features for different types of information systems.

Directors and officers liability insurance and the wealth effect of M&A announcements

ABSTRACT We explore the association between Directors and Officers Liability Insurance (D&O insurance) and the valuation of mergers and acquisitions (M&As) from the perspective of the monitoring hypothesis versus the moral hazard hypothesis. Examining a sample of 278 M&A announcements made by listed firms in Taiwan from 2009 to 2020, our study finds that high D&O-insured acquiring firms are associated with producing better benefits for shareholders through M&A channels than low-insured firms. Such a positive relationship is more evident for acquirers with higher agency problems, indicating that D&O insurance assists in weakening the conflict between managers and shareholders and serves as a viable substitute for traditional corporate governance, effectively taking on the role of an external monitoring channel. Further analyses reveal that D&O insurance is associated with improvement in the post-M&A operating performance. Overall, the evidence supports the monitoring hypothesis, implying that acquirers holding high-level D&O insurance are more likely to deter opportunistic managerial behaviours and enhance the corporate monitoring quality, thereby exerting a positive influence on valuation from M&A transactions.

Pravni status službenika za usaglašenost - otvorena pitanja

Legislators only sporadically regulate the compliance function within companies, primarily in the financial sector. The primary task of compliance officers (CO) is to ensure that the overall business operations comply with legal norms. When discussing the potential liability of compliance officers, it is necessary to analyze their legal position within the corporation. The liability of compliance officers should primarily be considered as the employee's responsibility towards the employer. From the perspective of corporate law, the theoretical background should focus on whether compliance officers have a distinct legal status within the company. The authors aim to contribute to the discussion on potential changes in corporate governance, where corporate officers such as compliance officers gain more influence, and to raise awareness of the precarious position of compliance officers under current solutions of both the Anglo-American and Continental European models.

Does directors and officers (D&O) liability insurance help a company increase efficiency during the COVID-19 pandemic?

This study examines the relationship between firms’ directors and officers (D&O) liability insurance and firm performance during the COVID-19 pandemic in Taiwan. It has been found that while the COVID-19 pandemic has had a negative impact on firm performance, D&O insurance indeed significantly mitigates this negative impact. Specifically, with 2,924 firm-year observations of 1,462 listed firms in Taiwan in the years of 2018 and 2020, we show that D&O insurance reduces the negative impact of the COVID-19 pandemic on net operating revenue by approximately 20 percent for insured firms. The main contribution of this article is that it provides valuable information for firms and investors by providing direct evidence that clearly shows the association between D&O insurance and firm performance during unexpected significant external shocks such as a pandemic.

Board's informal hierarchy: influences on enterprise innovation quality

PurposeUtilizing the expectation states theory in sociology, this study probes into the influence of the board's informal hierarchy on the quality of enterprise innovation, originating from the perspective of internal directorial interactions, while analyzing the boundary effects exhibited by the nature of property rights and the intensity of geo-culture.Design/methodology/approachThe study selects China's A-share listed companies from 2008 to 2021 as the research sample, employing the Tobit regression analysis method to scrutinize the hypotheses presented in the text.FindingsThe regression results demonstrate a positive correlation between the board's informal hierarchy and the enterprise innovation quality (EIQ). Upon introducing variables specific to property rights and geographical culture, the authors found that in comparison to non-state-owned enterprises (non-SOEs), the influence of the board's informal hierarchy on the quality of corporate innovation is diminished in SOEs. Conversely, the intensity of geo-culture across Chinese provinces enhances their mutual positive influence. In the additional analysis, the authors also found that the elevation of corporate risk tolerance is a significant pathway for the positive effect of the board's informal hierarchy on EIQ. Moreover, this positive influence is more profound in high-tech enterprises, businesses implementing equity incentive plans and companies that have subscribed to director and officer liability insurance.Originality/valueThe findings not only deepen the understanding of how the board's internal status characteristics influence corporate decision-making but also enrich the application scope of expectation states theory. Furthermore, this study offers valuable guidance for optimizing innovation decision-making by adjusting the personnel structures of corporate boards.

“How are we gonna get them off the drugs if they’re allowed to stay on it?” correctional officer perspectives on Overdose prevention sites in prisons

ABSTRACT Despite growing support for Overdose Prevention Sites (OPS) in global communities, there is less international support for their implementation in prisons. To interpret the contexts shaping positionalities on and challenges associated with OPS in prisons, in the current study, we analyze interpretations of federal correctional officers (COs) in Canada (n = 134) on OPS in prison and associated harm reduction measures. Data were collected through a longitudinal, semi-structured interview research design. Results indicate how many participants support OPS, especially when caveated as a preference over the Prison Needle Exchange Program (PNEP). Still, participants described challenges and complications with OPS policy, implementation, and safety concerns; namely, that OPS hinder correctional rehabilitation, recovery from substance misuse, and effective reintegration post release. While some COs express understanding and support for harm reduction initiatives such as OPS, they called for clear directives and policies, which will support hesitant staff in facilitating this public health measure in prison settings. We untangle policy requirements and raise a number of key questions to support the successful implementation of prison OPS from the perspective of officers, specifically around issues related to needle possession, liability of officers, substance confiscation and the prison economy, and the health and rehabilitation of incarcerated people.

Features of the civil liability of the police officer for damage caused in a state of extreme necessity

The article is devoted to defining the features of the civil liability of a police officer for damage caused in a state of extreme necessity. The article analyzes the signs of committing an offense in a state of extreme necessity in the context of civil, administrative and criminal liability. Attention is drawn to the fact that the state of extreme necessity in civil legislation does not contain signs of lawful activity, despite the fact that such a characteristic is present in criminal legislation and it is a circumstance that excludes liability in administrative legislation. It has been established that during the implementation of law enforcement activities, police officers may violate the civil rights and interests of individuals and legal entities, and that, according to the law, the state will compensate for such actions. The judicial practice of recognizing law enforcement officers as offenders, despite the act being committed in a state of extreme necessity, when the danger under the given conditions could not be eliminated by other means, was studied. Several examples of civil liability during law enforcement activities are given. It is determined that the performance of official duties of a police officer is considered to be performed during working hours or by order. The procedure for compensating individuals for damage caused by police officers during the performance of official duties was analyzed. It was determined that the civil legislation contains gaps regarding the conditions for exemption from civil liability of a police officer in the event of causing damage during the arrest of a person who has committed an offense. On the basis of the conducted analysis, it was concluded that the actions of the police officer, in which he harmed the civil rights and interests of persons in a state of dire need, can be recognized as legitimate and compensation should be imposed on the offender whom the police officer tried to bring to justice.

LEGAL RESPONSIBILITY FOR VIOLATIONS OF THE SOCIAL AND ECONOMIC RIGHTS OF PERSONS WITH DISABILITIES

The purpose of the article is that its authors have attempted to identify the nature of different types of legal responsibility for the violation of specific socio-economic rights of people with disabilities. For this purpose, through the use of dialectical, comparative legal methods, grouping methods, documentary analysis and analysis, the theoretical-practical and legislative aspects of material (financial), administrative, civil, criminal and disciplinary responsibility for the violation of the rights of persons with disabilities to work, strike, rest, entrepreneurial activity, social protection and social security, housing, health care and rehabilitation and a number of other rights. As a result, specific examples of violations of the social and economic rights of persons with disabilities are given. Emphasis is placed on rare cases of violations of the right to reproductive health of persons with disabilities who wish to become parents, as well as those who are aware of the disability of an unborn child. In this context, the critical situation of persons with disabilities living in prisons, where they are effectively deprived of the right to create a family, is noted. A separate level of violations of the rights of people with disabilities is related to discrimination on the grounds of disability, which manifests itself in all spheres of life of representatives of this category of the population in relation to practically all rights provided for them at the legislative level. The article also mentions frequent cases of violation of the right to an adequate level of social security, to the provision of medicines, to education, to employment, to parking in specially designated places, to free travel on public transport, etc. In connection with such a situation, the institution of responsibility (administrative, civil, criminal, disciplinary and material) for the violation of socio-economic rights of people with disabilities functions. Its grounds and mechanisms of application are defined to varying degrees in the Convention on the Rights of Persons with Disabilities, the Criminal Code of Ukraine, the Code of Administrative Offences of Ukraine, as well as the following laws of Ukraine: "On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine", "On Rehabilitation of Persons with Disabilities in Ukraine", "On Liability for Offences in the Field of Urban Development" and other regulatory acts. The above conclusions are supported by a series of statistical data on the situation of accessibility of the environment for people with disabilities, their employment, the level of impoverishment of this category of the population, the protection of violated rights before the courts, etc. The value of the proposed article is reduced to the fact that it is a complex scientific work reflecting the author's view of the current state, problems and prospects for development of the field of legal responsibility for violation of socio-economic rights of people with disabilities.

The status and liability of executive officers in the Hungarian judicial practice - with particular reference to the new legislation

Under the former Hungarian Labour Code, the employer's manager and his deputy were liable for damages caused by the violation of the rules prescribed in the context of his managerial activity according to the rules of civil law. Under the previously applicable Act on Companies either the labour law rules or the rules of the Civil Code applied to the executive officer.
 According to the new Civil Code, the executive officer is liable to the legal person for damages caused to the legal person during his management activities according to the rules of liability for damages caused by breach of contract.
 The management of the company may be carried out by the executive officer on the basis of an agency contract or an employment contract, according to the agreement concluded with the company.
 The new legislation raises the question of whether the executive officer is liable for damage caused to the company under the rules of employment law or under the civil law rules on breach of contract.

Economic policy uncertainty and directors and officers liability insurance: a perspective on capital market pressures.

This study investigates the effects of economic policy uncertainty (EPU) on corporate purchases of directors and officers liability insurance from the perspective of capital market pressures. Using data on A-share Chinese listed firms from 2010 to 2021, our theoretical analysis and empirical tests reveal that higher levels of EPU increase purchases. The theoretical analysis and mediating tests reveal that capital market pressures play a mediating role in the relationship between EPU and purchases. This study also finds that the indirect ways in which EPU increases purchases consider the need for firms to mitigate litigation risks and take advantage of insurance governance. The heterogeneous analysis and tests reveal that EPU increases purchases more significantly in firms that have higher managerial agency costs, have lower corporate transparency, and are in industries with higher competition. The findings are significant for improving the risk management system in China's capital markets.

Suicide by Cop and Civil Liability for Police.

Suicide by cop (SbC) is a variant of victim-precipitated homicide. In SbC, a citizen intent on dying provokes police, often with credible threats of violence. A fatality results in ambiguity about manner of death (homicide versus suicide). Decedents' families may raise claims of civil-rights violations, asserting insufficient restraint by officers. Police officers, when questioned, may justify their actions as reasonable and necessary force. Defendant officers and municipalities are concerned about police safety and adverse economic and public-perception consequences of litigation. This article explores the history and evolution of the SbC phenomenon, examines related civil case law, and reviews the contours of police-citizen interactions in SbC cases. There is potential liability for officers whose actions must be objectively reasonable to prevail in court. Since SbC can be admitted as evidence, there may be an expanded role for forensic psychiatry in distinguishing manner of death. Expert testimony can also aid fact finders in appreciating the decisions of officers faced with ambiguous and threatening situations. The author recommends collaboration between law enforcement and mental health professionals to improve recognition and handling of difficult situations involving persons with mental illness.

THE LIABILITY OF TAX OFFICIALS FOR THE EXPIRATION OF TAX DEBT BILLING

Tax receivables are part of the Directorate General of Taxes' revenue sources therefore tax receivables are part of the state's rights that must be realized as an integral part of state revenue. Unable to realize state revenue from tax receivables due to expiration of tax debt collection, the case is considered as a state financial loss. If the expiration of tax debt collection is caused by maladministration by tax officials, it will become the personal responsibility of tax officials. This research uses a normative type of research, which is a research that has been conducted with reference to the legal norms contained in the applicable laws and regulations. This research examines the liability of tax officials for the expiration of tax debt billing. The approach used in this research is a descriptive analysis, by describing the analysis of the regulation regarding the liability of tax officials for the expiration of tax debt billing. The process of collecting tax receivables is limited by the expiration of tax collection, which is 5 (five) years from the date of tax assessment or can be suspended if there are certain actions, one of which is the issuance of a coerce warrant. For tax receivables that have expired collection, Indonesian Audit Board has provided a recommendation in the form of an administrative warning to DJP, which means that Tax Officials have implemented all laws and regulations and procedures for collection actions that have been determined, so that the expiration of collection becomes a Official Liability.

Disciplinary liability of insolvency officers: current challenges

In this article we have studied the specific features of the liability of insolvency administrators for disciplinary offenses. The norms of the current legislation (in particular, the Bankruptcy Proceedings Code of Ukraine, the Tax Code of Ukraine, the Labor Code of Ukraine) regarding the determination of the legal status of insolvency officers and the specific features for bringing them to liability have been analysed in the article. The purpose of this research was to study problematic issues related to the liability of insolvency administrators. During the research general scientific methods, in particular dialectical, methods of analysis and synthesis, formal and legal, systematic approach have been used. It is concluded that disciplinary liability in the profession of insolvency officers in Ukraine is of mixed nature. It is partly civil, partly disciplinary and administrative liability -- in its essence -- and is not clearly regulated by the current legislation. Referring to the facts of bringing insolvency administrators to disciplinary liability even for a single offense has, on the one hand, elements of civil liability. On the other hand, disciplinary liability can also be imposed on insolvency administrators.

Big Data in healthcare: cybersecurity and legal protection of personal data

Digitalization of Russian healthcare leads to an increase of digital medical data, which eventually becomes Big Data and requires secure ways to collect, process, store and use such information. In this article, the authors analyze legal acts that govern ways to protect medical information in digital form, as well as those that establish the legal regime of personal data. The authors draw attention to the risks of re-identification of anonymized medical data and difficulties to comply with some requirements of the personal data legislation in use of Big Data technologies. In discussion on liability for offences and crimes in the sphere of computer information, the authors propose to consider healthcare information systems containing personal data as objects of critical information infrastructure of the Russian Federation. Such regime would allow to charge unlawful access to the information contained and other criminal acts under Article 274¹ of the Criminal Code of the Russian Federation. Prevalence of information and communication technologies as a method of encroachments on the digital medical data, and ultimately an intrusion into privacy, leads authors to the conclusion about expediency of addition of Article 137 of the Criminal Code of the Russian Federation with the relevant aggravating circumstance.

Once again about the implementation of foreign experience in the field of disciplinary liability of public officers: a critical look at the examples of the legislation of Ukraine and Germany

Once again about the implementation of foreign experience in the field of disciplinary liability of public officers: a critical look at the examples of the legislation of Ukraine and Germany

Criminal liability of officials for encroachment on rrepresentatives of the authorities

Criminal liability of officials for encroachment on rrepresentatives of the authorities

A társasági jog történeti áttekintése, a vezető tisztségviselő felelősségének a szabályozása a szocialista államberendezkedéstől a gazdasági társaságokról szóló 1988. évi VI. törvényig

In the study, I attempt a brief historical overview of our corporate law, presenting the rules of executive officer liability from the socialist state structure to Company Law Act 1988/VI. In addition to the presentation of socialist economic management systems, the study includes a brief overview of the socialist legal order, the codification of the old Civil Code, and a review of the legal institution of economic fines that are specific to the socialist legal system alone, serving the specific needs of the time. It also involved forcing the expected behavior. The period of regime change and its corporate law dimension were mostly marked by spontaneous and active privatization. During this period, the view of a universal collectivity based on the existence of state corporations ceased, spontaneous privatization was based on a conscious corporate decision, where the company’s managers themselves chose their privatization partners, the method and conditions of privatization, based on their own interests and sometimes the interests of the company. The right to form business associations was regulated by the First Companies Act of 1988. The legislative objective of the act was primarily to promote a more efficient use of social property, and in particular state property, and to remove obstacles to cooperation between business organizations and citizens. In the study, I also analyze the principles of law developed by judicial practice with the judgments handed down under the first Companies Act, the courts have attempted to pierce the seemingly impenetrable fabric of the corporate veil, and the chief executive officer, who violates the level of due diligence attached to the person holding the position in question has been held liable in a number of cases, applying the rules of the Company Act and the Civil Code.