Liability Issues Research Articles

Road Safety Audit (RSA) Guidelines of Selected Nations – a Comparative Review

One of the proactive preventive strategies for the global issue of road crashes is the Road Safety Audit (RSA). There are many advantages to using RSA, however, country-specific regulations often apply when it comes to conducting RSAs. The goal of this study was to compare the content of regulations in a sample of seven countries. Crucial indicators were examined and compared. The term ‘RSA’ was defined differently in each set of guidelines. Different project phases in various nations required the RSA methodology. The contents and coverage of the accompanying checklists or forms also varied. The documents unevenly stressed the team’s needs or the auditors’ qualifications. The legal liability issues received no attention from three of the seven guideline publications. The documents of two countries lacked any examples of RSA reports or case studies. The documents of some countries placed a strong focus on certain criteria but fell short in other areas. There was no RSA guideline document which may be referred to as best practice that accounted for the local circumstances and requirements. Improvements to guideline documents are suggested. This study, updated as of October 2023, will assist the road safety community, including transport officials, world banks, highway practitioners, road safety auditors, policymakers, urban planners and research scholars.

MEAT CARTELS AND THEIR MANIPULATION OF HALAL CERTIFICATION IN MALAYSIA

A cartel is an agreement between several individuals or companies and others to engage in a scheme for the purpose of maintaining the business status quo by inter alia regulating and controlling prices and marketing territories. This is usually done with the aim of curbing competition and maximising profit, especially in the food supply chain. Qualitative research methods were used to investigate meat cartels falsifying halal certifications. Legal provisions, case law, journals, and articles were examined as sources of information and analysed to gather information related to the research topic. Presently, the perpetrators can be charged under Trade Descriptions Act 2011 and the Trade Descriptions (Certification and Halal Marking) Order 2011. There are more than 20 Acts that relate to halal standards which could be enforced under the law to ensure heavier punishments are meted out on the ‘food criminal’. The article also looks at the extent of the issue of corporate liability of companies that can be imposed on individuals involved with halal criminal offenses based on legislations other than the Trade Descriptions Act 2011 and the Trade Descriptions Order (Halal Certification and Marking) 2011. Hence the objectives of this article are to analyse the issue of meat cartels in Malaysia and to study the laws related to halal matters in terms of corporate liability within the provisions of the law. It is suggested that there is a need for a legal improvement relating to company liability in criminal cases relating to halal meat in Malaysia.

Off-Label and Unlicenced Medicine Use among Hospitalised Children in South Africa: Practice and Policy Implications.

Information regarding off-label and unlicensed medicine use among South African children is limited. This is a concern as the prescribing of off-label and unlicensed medicines can lead to issues of effectiveness and safety as well as raise liability issues in the event of adverse events. This potentially exposes physicians to legal penalties. Consequently, we sought to determine the prevalence of off-label and unlicensed medicine use among paediatric patients in South Africa to provide future direction. This study retrospectively examined the use of medicine in a point-prevalence survey study (PPS) involving paediatric patients aged (0-2 years) admitted to selected public hospitals in Gauteng Province, South Africa. Data were collected per hospital over two days between February 2022 and July 2022. Demographics, duration of treatment, diagnosis, and medicines prescribed were collected from patient medical records using a mobile application. Prescribed medicines were reviewed against the medicine formularies and other databases to assess their appropriateness. From three academic hospitals, 184 patient records were reviewed. A total of 592 medicines were dispensed, of which 379 (64.0%) were licensed and 213 (36.0%) were used off-label/unlicensed for paediatric patients 0-2 years of age. The most prevalent off-label and unlicensed medicines were multivitamins (n = 32, 15.0%) and ampicillin injections (n = 15, 7.0%). The frequency of unlicensed and off-label medicine prescribing shown in this study is consistent with the literature and can be considered high. This practice can pose a risk because it adversely affects patients if not properly regulated. Attention is needed to ensure future high-quality, safe, and effective use of medicines.

On the issue of criminal liability in the national pharmaceutical sector: theoretical foundations and practical aspects

A separate segment in the activity of streamlining, stability, and protection of relations arising in the pharmaceutical sphere should be noted the state’s reaction to criminal offenses and, accordingly, the assessment of the actions of persons who commit such offenses. The aim of the work – is to study the current issues of regulatory and legal support of criminal liability in the pharmaceutical sector. Results. The theoretical nature of the criminal responsibility of pharmaceutical workers is revealed from not only legal but also social and moral positions. The legal basis for the status of pharmaceutical workers as distinct subjects of criminal activity is underscored. It has been proven that the object of crimes committed by pharmaceutical workers as a special subject is, first of all, social relations arising in the sphere of human life and health protection; public health (public health); relations arising during the circulation of narcotic drugs, psychotropic substances, and precursors. Differences in terminology defining the object of pharmaceutical crimes are emphasized. Conclusions. The main aspects determining the problem of the qualification of crimes committed in the pharmaceutical sector of the healthcare industry were analyzed. From the standpoint of criminal law theory, the object, subject, objective, and subjective sides of pharmaceutical crimes were characterized.

Drone Harassment Case Before the Polish Supreme Court

As drone technology becomes widely available, there are increasingly more incidents related to their unauthorized use for purposes that violate privacy and public peace. The aim of this article is to present a Polish court case that concluded with a judgment of the Supreme Court. In addition, the author analyses the issues of criminal liability for drone harassment. drone harassment, criminal liability, judgments of the courts

ОБ АДМИНИСТРАТИВНОЙ ОТВЕТСТВЕННОСТИ ЗА НАРУШЕНИЕ ПРАВИЛ ПАРКОВКИ ПО ЗАКОНАМ СУБЪЕКТОВ РОССИЙСКОЙ ФЕДЕРАЦИИ

The article covers issues of administrative liability for violation of parking rules in accordance with the legislation of the constituent entities of the Russian Federation, examines the legislative framework in this area, as well as specific measures of administrative liability applied to offenders. Federal and regional legislation on administrative offenses is analyzed. Recommendations are offered for the implementation of the legislation of the constituent entities of the Russian Federation on administrative offenses.

Publishing Via Social Media Sites and The Civil Liability of the Publisher in The Jordanian Legislation

This study showed the adequacy of the legal regulation of civil liability resulting from publishing via social media sites, and it also showed the lack of legal texts that dealt with this subject, which raises many problems. Then the study dealt with the issue of civil liability for publishing via social media sites in the Jordanian law: the concept of civil liability, whether contractual or tort, the provisions of this responsibility, and then the pillars of civil liability (error, damage, and causal relationship). This study discussed the legal protection for electronic publishing and the compensation due, with the obligation to pay compensation and the consequences of it. The study concluded that it is necessary to conclude an international agreement that regulates the relationship to solve the problems that occur when the actual location of the data that led to electronic violations is in one country and the victim is in another. The Jordanian legislator is responsible for clearly and explicitly regulating the procedures affecting the sanctity of private life, by enacting a law regulating electronic publishing through social media sites. The law must regulate the amount of fair compensation commensurate with the electronic damage

Problem issues of criminal liability for illegal cutting

In the context of the armed aggression against Ukraine, the issue of environmental protection becomes particularly acute.
 The World Meteorological Organization has said that recent years have been the warmest on record. Over the past 50 years, there have been five times as many weather-related, climate-related, and water-related catastrophes.
 Forests play an important role in combating climate change and preserving human-friendly living conditions on Earth. Therefore, the task of preserving and increasing forest cover acquires not only national, but also international strategic importance.
 The article examines the issue of improving legal mechanisms for the protection and protection of forests, in particular the provisions of the Criminal Code. It is noted that the current version of Article 246 of the Criminal Code of Ukraine is not consistent with other norms that regulate legal relations in this area. First of all, this is related to the change in the definition of “forest” and “forest fund” contained in the Forest Code of Ukraine.
 Additionally, the application of Article 246 of the Ukrainian Criminal Code reveals serious flaws in its design as well as a failure to adhere to contemporary environmental protection standards and regulations.
 One of the consequences of this shortcoming is that in practice it is almost impossible to prosecute for the transportation or storage of illegally cut wood, since it is necessary to prove the fact of illegal cutting.
 The article substantiates the need to expand the range of actions for which criminal liability should arise under this article. In particular, it is proven that criminal liability for illegal cutting of trees and shrubs should not be limited to forests, protective and other forest plantations.
 Taking into account the social importance, it is proposed to establish responsibility under the third part of this article also for the felling of trees and shrubs in parks and squares, as special objects of urban improvement.
 Also given are the reasons for the need to separate an additional article in the Criminal Code of responsibility for transportation, storage, sale of illegally cut trees and shrubs, as well as wood. Relevant legislative changes are proposed.

How do veterinarians mitigate liability concerns with workforce shortages?

The challenge of meeting pet healthcare demands with inadequate staff resources creates legal and ethical considerations for the veterinary profession. Inadequate staffing can result in access to care issues that impact companion animal health, public health, and the human animal bond. An overburdened work environment may also result in liability issues related to standard of care, client dissatisfaction, and subsequent complaints. The following recommendations may ameliorate the legal and ethical impacts to include: a focus on how to optimize current resources (human and technology); improve client communications and medical record-keeping strategies; promote preventive care; develop and memorialize clinical standard operating procedures; and prioritize staff well-being to prevent burn out. These recommendations should be considered good practices when functioning under optimal conditions but are even more valuable to implement effectively in an overburdened companion animal medicine environment.

Stress inoculation training and critical thinking skills: California law enforcement academies

ABSTRACT California law enforcement academies provide training for individuals entering law enforcement Stress Inoculation Training (SIT) is included in the academy. The topic addressed in this research is the perceived efficacy of SIT in preparing officers to make decisions about when to use force and how much force is reasonable for the situation. The problem is the SIT that California law enforcement officers receive in the academy may not be perceived as adequate to make decisions about the use of force under stressful situations. The purpose of this study was to explore the perceived efficacy of SIT in the reduction of use of force incidents. Four main themes were derived from the data analysis that revealed that SIT is important as a process: (a) SIT and Recruitment Selection, (b) Use of Force Decision-Making, (c) SIT as Entrance Standards and Ongoing, and (d) Critical Thinking to Avoid Liability Issues.

A Special Status Victim: Criminal Liability for Assaulting a Government Official in Ukraine and Other Countries

The paper discusses some emerging issues of criminal liability for assaults against public officials in various jurisdictions. Emphasis is placed both on the comparative approach to analyzing the relevant criminal statutes and on the specific legal framework for the protection of the life and health of law enforcement officers. Based on the provisions of statutory criminal law and the case law of several countries, it is shown that the life, health and property of law enforcement officers enjoy a higher level of protection. This is explained by the fact that such persons are direct representatives of the state, perform their duties in public, remain under public scrutiny and, therefore, may become an easier target for assault crimes. In the conclusions of the research, it has been argued that the determination of the legal grounds, scope and limits of protection of public officials by criminal law should be carried out at the national level (or state level in a federal jurisdiction), based on the orientations and principles of the domestic criminal law policy and program of a given nation.

The European Commission's approach to extra-contractual liability and AI – An evaluation of the AI liability directive and the revised product liability directive

The European Commission published two proposals that aim to adapt (tort) liability rules to the digital age, the circular economy and the impact of the global value chain. The ‘AI Liability Directive’ contains rules on the disclosure of information and the alleviation of the burden of proof in relation to damage caused by AI systems. The ‘revised Product Liability Directive’ substantially modifies the current product liability regime by broadening the scope, integrating new circumstances to assess the product's defectiveness and introducing provisions regarding presumptions of defectiveness and causation. In this article, we evaluate how both proposals provide some answers to major technological developments – in particular AI – in view of the issues they raise as identified in the legal literature. To do so, we also provide a clear understanding of the major provisions in both proposals, supported by visuals. Although we welcome both proposals for several reasons outlined in the article, different unclarities and inconsistencies need to be resolved. These inter alia relate to the unclarity of terms, the position of claimants, the uncertain interaction with other supranational initiatives and the many interpretation issues with regard to the fault-based liability regime. A more fundamental objection relates to the choice of the revised Product Liability Directive to capture all liability issues with AI systems, which comes at the cost of losing the connection to ‘product’ as a grounding concept. Our findings can be used by policymakers in further adapting and refining both proposals to the digital reality.

Driving into the Loop: Mapping Automation Bias and Liability Issues for Advanced Driver Assistance Systems

Driving into the Loop: Mapping Automation Bias and Liability Issues for Advanced Driver Assistance Systems

Legal and Privacy Concerns of BYOD Adoption

ABSTRACT We investigate legal concerns in privacy calculus, which are currently not given enough attention in privacy research. Legal aspects can lead to liability issues in various information systems scenarios such as bring your own device (BYOD) in the workplace. To analyze the impact of legal concerns in privacy calculus, we conducted a quantitative study by surveying 542 employees from three countries: United States, Germany, and South Korea. Building on our research model to test our hypothesized relationships, structural equation modeling was employed. Our findings provide recommendations for multinational organizations to mitigate legal concerns in privacy calculus. A comparison of the three countries reveals that employees from the United States and South Korea place greater emphasis on legal concerns compared to German employees. We develop an understanding of employees’ concerns with liability issues, and how these affect their privacy calculus in a BYOD context.

ЕФЕКТИВНІСТЬ ІНСТИТУТУ ВІДПОВІДАЛЬНОСТІ У СФЕРІ ЗАХИСТУ ЕКОНОМІЧНОЇ КОНКУРЕНЦІЇ: АМЕРИКАНСЬКА ТА ЄВРОПЕЙСЬКА ДОКТРИНИ

The article examines the institution of responsibility in the field of economic competition protection, which is used in the American and European systems. It has been established that the issue of liability for offenses in the field of competition regulation and competition protection is a special issue on Ukraine's path to European integration. This problem is important because in the modern Ukrainian economy, its institutional support - in the form of rules, economic mechanisms and tools, as well as organizational forms - ensure the interaction of the market and the state, because neither the market nor the state, taken by themselves, with development along the line of progress, they are unable to cope. The issue of competition regulation and liability for violations in the field of competition protection is of particular importance for the European integration of Ukraine. After all, after the historical challenges faced by Ukraine, only mutually agreed and regulated relations in this sphere can become a guarantee of social and national development. It was determined that competitiveness in the modern world cannot be ensured only on a liberal basis, that is, on a purely market basis. Effective regulation of competition protection is necessary for understanding the main mechanisms of interaction of various participants in the market. Established rules that apply to different types of markets are inseparable from the economic mechanisms that underlie them. One of the violations in the field of protection of economic competition is the abuse of a monopoly position. It has been established that two doctrines are currently used as a basis for developing approaches to competition regulation: American and European. The article lists the categories of prohibitions in the anti-competitive behavior of the USA and the EU. It is proven that highly developed countries strengthen their dominant role due to the use of the latest knowledge and the introduction of innovations, which makes them more competitive. Other countries that do not possess this knowledge and skills become dependent on them. And this dependence consists in calculating the benefits of civilization with cheap labor, natural resources and other national wealth. Key words: competition, competitiveness, responsibility, enterprises, benchmarking, internationalization, protection.

DEVELOPMENT OF LEGISLATION PROVIDING FOR CRIMINAL LIABILITY FOR SMUGGLING

This article examines the development of legislation that provides for criminal liability for smuggling. It focuses on issues such as the first stages of the fight against smuggling in the history of the world, the introduction of the customs service to fight against smuggling in the territory of our country, and the determination of liability for smuggling in the codified criminal law. In particular, "smuggling" as a crime appeared in the 14th century, when capitalism was forming, commodity-money relations were developing rapidly, and countries found it unprofitable to import and export goods without obstacles. Also, this article provides a comparative analysis of the issue of liability for smuggling in the criminal laws of 1926, 1959 and 1994. The need and importance of improving the norms of the criminal law in the relevant periods has been revealed.

The Problem of Balancing the Size of Sanctions in Achieving a Balance of Interests (Using the Example of Customs Duties)

The relevance of the proposed research, both from theoretical and practical perspectives, lies in addressing the issue of the relationship between the magnitude of sanctions concerning the balance between public and private interests. The main objective of this study is to explore optimal approaches to address issues related to imposing penalties for violations of customs regulations. The results of this research could enhance control procedures and facilitate a balanced determination of penalty sizes in customs law while considering public interest and property rights protection. The study is based on the application of various scientific methods, such as dialectical analysis and synthesis, structural-functional approach, formal-legal and formal-logical analysis, comparative-legal approach, among others. It encompasses an examination of the interplay between public and private interests, as well as an analysis of the system of public interest and potential conflicts arising during the formation of public funds. The research investigates the nature of compulsory payments, such as taxes, fees, and customs duties, illustrated through the example of customs payments. Additionally, it sheds light on issues of administrative liability for customs violations, emphasizing the significance of adhering to specific time criteria when making customs payments and the consequences for the state if these criteria are not met. Furthermore, the study explores the interrelation between material and procedural impact on regulating the behavior of the participants involved in the relationships, emphasizing that these two aspects cannot be separated. It also affirms that the state has the sovereign right to establish taxes, fees, and other payments within its territory to fulfill its functions and meet societal needs. Moreover, the research examines the relationships among various interest groups of participants, such as societal interest, state interest, territorial community interest, government entities, and obligated individuals, while also discerning the division of these interests into disproportionate groups and their interconnectedness. Overall, the research holds significant importance in understanding the issues and prospects within the domain of customs law and administrative responsibility. The findings have the potential to contribute to the improvement of legislation and control procedures, fostering the development of a transparent and efficient legal system capable of safeguarding the interests of all parties involved, including society, the state, and private individuals.

Problem issues of criminal liability for violations of domestic tax legislation

The paper reveals the importance of solving the problems of criminal liability for violations of domestic tax legislation as one of the conditions for building a modern democratic society. The legal order in the sphere of public relations is directly dependent on the effectiveness of the measures of legal responsibility, which follows for the violation of the legal norms that regulate them. Criminal liability as a separate type of legal liability is characterized by a special legal, factual and procedural basis for the application of sanctions. Criminal liability for violation of tax legislation is characterized by coercion on the part of state power structures in content and form; provides for the imposition of negative consequences for offenses in the form of certain restrictions in order to protect relationships; contains public and state condemnation of the offender's actions and behavior; the act or inaction committed by the violator is the main reason for prosecution. According to the provisions of the current criminal legislation of Ukraine, guilt is expressed in two forms: intent and carelessness. At the same time, each of these forms also has its own varieties. In accordance with the Criminal Code of Ukraine (Article 212), liability is established for tax evasion, fees (mandatory payments). A special feature of liability for violation of tax legislation is its compensatory and punitive nature. A necessary condition for ensuring law and order in our country in the field of tax relations is the establishment of criminal liability for their non-fulfillment or improper fulfillment. At the same time, the latter should be based on a certain system of principles, i.e., fundamental principles designed to regulate tax relations of a tort nature. The introduction of liability for tax offenses, as well as the corresponding mechanisms for the damage caused to taxpayers, not only allows to protect the rights and interests of taxpayers, but also will contribute to raising the level of legal culture and tax discipline.

Проблема определения субъектов юридической ответственности за вред, причиненный искусственным интеллектом: анализ путей решения

Abstract: Introduction. The current processes of digitalization, the development and implementation of artificial intelligence have an impact on many spheres of public life. Law is no exception. The danger emanating from artificial intelligence, associated with technical failures, errors, machine learning defects, causes a high probability of harm to legally protected public relations. In this regard, the issues of legal liability are becoming acute.
 The purpose of the research is to study the issue of determining the subjects of legal liability for harm caused by artificial intelligence, to analyze ways to solve it.
 Research methods. The author used the dialectical method of cognition, a set of general scientific methods of cognition (analysis, synthesis, induction, deduction), as well as a number of special methods of cognition (formal legal, comparative legal, systemic, functional).
 Results. As a result of the research, the author comes to the conclusion that today artificial intelligence cannot act as an independent subject of legal liability due to the fact that it is a technology, the implementation and its use needs legal regulation. Artificial intelligence is considered as an object of legal regulation. Only individuals and legal entities that ensure its functioning can be brought to legal liability for the damage caused by artificial intelligence. The idea of endowing artificial intelligence with legal personality, which is popular in science today, leads away from real issues that need to be solved to ensure its development and large-scale use. The author suggests focusing on those forms of artificial intelligence that surround us at the moment, and considering theoretical and practical issues as applied to them. Not only robotic devices can act as such forms, but also various programs (software) that do not have a cyber-physical shell.

Liability issues for environmental damage caused by military aggression of a terrorist country

The article focuses on the issues of liability for environmental damage caused by the military aggression of a terrorist country. The subject matter of the study is the impact of the consequences of military aggression against Ukraine on the state of its natural resources, the legal characterisation of these consequences in terms of liability and issues related to compensation for the damage caused. The purpose of the study is to outline the problems arising in the course of legal determination of the possibility of bringing a terrorist country which deliberately destroys natural resources to legal liability, and the difficulties arising in determining the extent of environmental damage caused. The research methods used, in particular, logical-semantic and dialectical, made it possible to consider the main features of the concept of “ecocide” as a crime against humanity and its direct connection with the genocide of the Ukrainian people.
 The relevance of the topic is due to the fact that the negative environmental consequences of hostilities violate the norms of both Ukrainian and international law and have all the signs of ecocide, which is currently considered a crime exclusively at the level of national legislation. It has been concluded that it is possible to ensure the responsibility of the aggressor State for environmental damage through the establishment of a special international tribunal. The factors that make it difficult to determine the amount of environmental damage caused in order to ensure its further compensation have also been identified. These factors include: a significant area of damage; species diversity of natural resources that were damaged (soils, subsoil, water bodies, atmospheric air, flora and fauna, territories and objects of the nature reserve fund); the connection of natural resources, which contributes to the spread of negative effects on the environment; the international nature of environmental damage; the long-term consequences of environmental damage; the fact that it is impossible for state authorities and civil society activists to record the full extent of the negative environmental impact of hostilities due to the existing danger.
 A conclusion has been made that it is necessary to take these factors into account when developing terminology for environmental damage caused by military actions. It has also been proposed to take a number of practical measures aimed at ensuring compensation for environmental damage, in particular: to recognise the fact of environmental terrorism as part of ecocide, which is combined with genocide of the Ukrainian people, at the national and international levels; to introduce a system of continuous monitoring and recording of the damage identified; to develop methods for assessing the impact of terrorist actions on the state of each individual natural resource, taking into account the possibility, necessary means and expected timeframe for restoration to a state suitable for their intended use; to apply political and economic levers based on international law to ensure compensation for environmental damage caused by a terrorist country.