Number Of Infringements Research Articles

Implementation of the european union recommendations on strengthening the criminal liability for offences in the provision of payment services

The transition of an increasing number of social relations into the virtual space and the intensive development of information technology is accompanied by the emergence of new illegal phenomena, in particular, of a criminal law nature, which requires appropriate legal regulation. Recently, the number of infringements on public relations in the field of electronic payments has significantly increased, including by issuers of electronic wallets. This trend creates a threat to any state that encourages the international community to develop appropriate norms that should be implemented in national legislation to bring it closer to international standards. Currently, active work is underway to strengthen criminal liability in Ukraine for violations in the provision of payment services, considering the recommendations of the European Union. The purpose of the study is to analyse and develop conclusions on the advisability of implementing the recommendations of the European Union in the national criminal legislation regarding the tightening of sanctions for criminal offences committed in the field of providing payment services using non-cash means of payment. Methodological tools are selected in accordance with the goals set, the specifics of the object and the subject of the study. The study used the general dialectical method of scientific knowledge of real phenomena, their connection with prosecution for criminal offences, and general scientific and special methods of legal science. The scientific position is argued that the proposed changes to the Criminal Code of Ukraine by introducing liability for illegal actions with electronic money are formulated in such a way that it allows enforcing such a rule. According to the current legislation, it is determined that in the presence of a license to provide payment services, certain legal entities have the right to issue electronic money, in particular: banks, branches of foreign payment institutions, electronic money institutions, postal operators, the National Bank of Ukraine, state authorities and authorities local self-government. Considering that all the listed persons are legal, they are not the subject of a criminal offence, including for violations in the field of payment services. The inconsistency of national legislation with the requirements of international standards on the criminalisation of certain acts committed in the field of payment services necessitates further study and the development of recommendations for harmonising the current legislation.

A Photo Identification Framework to Prevent Copyright Infringement with Manipulations

In recent years, copyright infringement has been one of the most serious problems that hamper the development of the culture and arts industry. Due to the limitations of existing image search services, these infringements have not been properly identified and the number of infringements has been increasing continuously. To uncover these infringements and handle big data extracted from copyright photos, we propose a photo copyright identification framework to accurately handle manipulations of stolen photos. From a collage of cropped photos, regions of interest (RoIs) are detected to reduce the influence of cropping and identify each photo by Image RoI Detection. Binary descriptors for quick database search are generated from the RoIs by Image Hashing robustly to geometric and color manipulations. The matching results of Image Hashing are verified by measuring their similarity using the proposed Image Verification to reduce false positives. Experimental results demonstrate that the proposed framework outperforms other image retrieval methods in identification accuracy and significantly reduces the false positive rate by 2.8%. This framework is expected to identify copyright infringements in practical situations and have a positive effect on the copyright market.

Sea cucumber fishery in Turkey: Management regulations and their efficiency

Sea cucumbers have a commercial importance worldwide but are facing over-exploitation and population collapse. The aim of this study was to document the fishing condition and illegal fishing on sea cucumber fishery in the Mediterranean coast of Turkey based on fishery reports, to ascertain the implementation and efficiency of management regulations. Sea cucumber fishing began in 1996 and expanded, now having 220 vessels extracting up to 1292 tonnes in 2019. Between 2015 and 2020, 80 tonnes of sea cucumbers have been seized and thrown into the sea in 541 infringements. Illegal activities differed in the geographical area covered and concentrated on Izmir shores in 2018–2019. Fishery regulations and fines implemented until 2020 were not effective as deterrent. Since 2007, sea cucumber fishery has had legal regulations including seasonal bans, licensing issues, market chain reporting, fishing vessels limits, and rotational harvesting. New regulations, based on quotas and fine amount increase, were effective in January 2020 due to illegal fishing. Consequently, there was a decrease in the number of infringements.

Beyond Balkan exceptionalism. Assessing compliance with EU law in Bulgaria and Romania

ABSTRACT The overwhelming part of EU scholarship has singled out Romania and Bulgaria as examples of failed integration. Studies dealing with these two countries’ EU accession have highlighted that EU membership was premature and found pre-accession expectations largely confirmed when looking at failures to implement anti-corruption policies, deficiencies in the use of rule of law or backsliding in democratic practices. This contribution takes issue with these pre-accession expectations in the literature and focuses on legal compliance with EU legislation as the most direct way to assess whether EU rules are followed or not. Based on transposition data and infringement proceedings between 2007 and 2017, the contribution shows that while the number of infringements from the two countries has increased over time, the record does not show extreme developments when compared to other groups of EU member states.

Protection of intellectual property of an architect

In the paper, the authors raise the issue of protecting the copyright of an architect. One of the ways to protect it is the trial. The RF Constitution guarantees judicial protection of rights and freedoms. Recently, in the Russian Federation, the number of appeals to the court for copyright protection has increased, indicating a large number of infringements of intellectual property rights of architects. The study of the authors showed that often the cause of litigation is the discrepancy of the values of the objects of copyright of the architect. To interpret such concepts as “architectural solution”, “architectural design”, “architect’s concept”, “architect’s idea” and others, the court is forced to involve specialists whose opinions in the court decision become the source of law, which contradicts the theory of state and law. The authors believe that the legislative consolidation of clear, certain essential features of the conceptual and categorical framework used in architectural activity is the improvement of the protection mechanism for the works of architects that are the result of their creative activity.

Surrounding traffic complexity analysis for efficient and stable conflict resolution

The constant increase in air traffic demand increases a probability of the separation minima infringements in certain areas as a consequence of increased traffic density. The Annual Safety Report 2016 reports that in recent years the number of infringements, measured per million flight hours, had been increased at a lower rate (Eurocontrol, 2018). However, this level of infringements still generates a continuous pressure on the air traffic control (ATC) system and seeks for more control resources ready to tactically solve potential conflicts, while increasing at the same time the operational costs. Considering present air traffic management (ATM) trade-off criteria: increased airspace capacity and traffic efficiency but reducing the cost while preserving safety, new services must be designed to distribute the separation management ATC task loads among other actors. Based on the Single European Sky Air Traffic Management Research and Next Generation Air Transportation System initiatives, this paper proposes an innovative separation management service to shift the completely centralized tactical ATC interventions to more efficient decentralized tactical operations relying on an advanced surrounding traffic analysis tool, to preserve the safety indicators while considering the operational efficiency. A developed methodology for the proposed service is an application-oriented, trying to respond to characteristics and requirements of the current operational environment. The paper further analysis the traffic complexity taking into consideration the so-called domino effect, i.e. a number of the surrounding aircraft causally involved in the separation management service by the means of identification of the spatiotemporal interdependencies between them and the conflicting aircraft. This complexity is driven by the interdependencies structure and expressed as a time-criticality in quantifying the total number of the system solutions, that varies over time as the aircraft are approaching to each other. The results from two randomly selected ecosystem scenarios, extracted from a simulated traffic, illustrate different avoidance capacities for a given look-ahead time and the system solutions counts, that in discrete moments reach zero value.

Free Movement and Competition in the European Market for Pharmaceuticals

Very few industries are as profoundly influenced by regulation as the pharmaceutical industry. All aspects of the life-cycle of new drugs are regulated, from patent application, to marketing approval, commercial exploitation, patent expiration and competition with generics. The nature of demand for drugs, the identity of drugs brought to market, and the nature of competition in the drug market over time are all shaped by regulation. Throughout much of the world, administrative regulation, rather than competition policy, dominates efforts to afford consumers and governments adequate access to affordable drugs.As a result, the nature of competition in this market is sui generis. A significant number of infringements to competition law in this sphere across the world are concerned with practices that seek to take advantage of or manipulate the regulatory framework, including misuses of the patent system (e.g. ever-greening or patent clustering), spreading misleading information or inducing product switching, among others. A proper understanding of how competition law works in this area requires a solid knowledge of the structure of the market and its regulation. In the European context, any such analysis must also take into account free movement law, which provides a regulatory underpinning for integrated European markets in pharmaceutical products while also acting as a parallel tool to competition law in promoting and deepening market integration.This chapter will provide an overview of free movement cases on pharmaceuticals, with a view to frame such case law within the European regulatory framework and to identify its impact on competition law enforcement. It is structured as follows: a first section will provide an overview of the structure of the European market for pharmaceuticals, including the basic European regulatory framework; a second section will review the case law on free movement and pharmaceuticals; and a last section will detail how the basic pharmaceutical regulatory framework, free movement law and competition law interact to determine the shape of European pharmaceutical markets.

Wildlife law and policy

Wildlife law and policy

Liberty, Security, and Terrorism: The Legal Position in Germany

Just one day after the attacks of September 11, 2001, the German minister of the interior, Otto Schily (SPD), demanded a new security concept. Immediately the existing security laws and precautions were placed under special scrutiny in search for any sorts of deficiencies. The results of these reviews were two legislative initiatives, termed “security packages” or “anti-terror packages,” which changed or altered numerous existing statutes. The new security laws contain a number of infringements into fundamental civil rights and liberties. The legislative process thus had to raise the issue of the relationship between security and civil liberties and weigh the balance between the protection of individual rights and collective security. This, however, does not constitute a new challenge for the German legislature. The collision of security interests with individual civil liberties has caused a legal problem in Germany for some time. September 11 might constitute a political watershed, but in the context of civil liberties in Germany, this date does not represent an important mark. The current measures have to be understood within the context of an at least thirty-year-long period of continuous weighing between security and freedom.

British Food Journal Volume 82 Issue 4 1980

The lengthy review of the Food Standards Committee of this, agreed by all public analysts and enforcement officers, as the most complicated and difficult of food groups subject to detailed legislative control, is at last complete and the Committee's findings set out in their Report. When in 1975 they were requested to investigate the workings of the legislation, the problems of control were already apparent and getting worse. The triology of Regulations of 1967 seemed comprehensive at the time, perhaps as we ventured to suggest a little too comprehensive for a rational system of control for arguments on meat contents of different products, descriptions and interpretation generally quickly appeared. The system, for all its detail, provided too many loopholes through which manufacturers drove the proverbial “carriage and pair”. As meat products have increased in range and the constantly rising price of meat, the “major ingredient”, the number of samples taken for analysis has risen and now usually constitutes about one‐quarter of the total for the year, with sausages, prepared meats (pies, pasties), and most recently, minced meat predominating. Just as serial sampling and analysis of sausages before the 1967 Regulations were pleaded in courts to establish usage in the matter of meat content, so with minced meat the same methods are being used to establish a maximum fat content usage. What concerns food law enforcement agencies is that despite the years that the standards imposed by the 1967 Regulations have been in force, the number of infringements show no sign of reduction. This should not really surprise us; there are even longer periods of failures to comply; eg., in the use of preservatives which have been controlled since 1925! What a number of public analysts have christened the “beefburger saga” took its rise post‐1967 and shows every indication of continuing into the distant future. Manufacturers appear to be trying numerous ploys to reduce the content below the Regulation 80% mainly by giving their products new names. Each year, public analysts report a flux of new names and ingenious defences; eg, “caterburgers” and similar concocted nomenclature, and the defence that because the name does not incorporate a meat, it is outside the statutory standard.