Opportunities For Abuse Research Articles

Some aspects of legal support for private procurement compared to public procurement

The modern paradigm of rapid development of free business and transparent competition between subjects of the private business sector became the basis for the formation of a transparent system of legal support for private procurement, which, unlike public ones, have less legislative regulation and opportunities for abuse. However, at the level of law application, their settlement justified in other countries in Ukraine fails. This paper has considered various aspects of legal support for private and public procurement. The author conducted a study aimed at considering approaches to the definition and understanding of private procurement in comparison with public procurement, as well as the features of their implementation, with the aim of presenting the author's vision obtained during the legal analysis and study of the private procurement regulatory and legal support in comparison with public procurement in the Ukrainian right. A proper definition of "private procurement" is proposed as a procedure for the acquisition by a private business entity of goods, works, and services necessary for full and effective functioning, which takes place in the order determined by the internal rules of a particular business entity, and is based on the principles of legality, economy and efficiency. An analysis of some contracts conclusion elements of the process in both private and public procurement, such as conducting a tender procedure and subsequent conclusion of the contract, paying attention to their legal nature and features of conditions and participants. Attention was also drawn to the widespread use of the LOI "Letter of Intent" as a document signed by the parties during negotiations before concluding a final contract. The highlighted aspects contribute to the achievement of a clear understanding of these concepts, which in the future can help ensure effective legal regulation of procurement processes in all spheres of economic activity.

Implementation of village fund management among the Wajo Bugis ethnic, Indonesia

The village fund program is a government program to accelerate and equalize development in rural areas, oriented towards poverty alleviation in Indonesia. This research aims to describe the Village Fund Program policy implementation in Wajo Regency, South Sulawesi. The type of research used is qualitative. Data was collected through in-depth interviews with informants and observations in the research object area. The informants in this study were selected purposively and in snowball sampling. The novelty of this research is to examine the successful implementation of village fund program policies in Wajo Regency using a combination of Jones's theory and Edward's theory based on three pillars, namely (1) organizational pillar, (2) interpretation pillar, and (3) application pillar, which is connected to ethnic culture. Wajo bugis. The research results show that implementing the village fund program in Wajo Regency needs to run optimally. This is because the competency of individual program implementers needs to be improved. The regulations governing program policies open up opportunities for abuse. Institutionally, policy implementers need more time to be ready to run the program optimally because the readiness of the organizational infrastructure needs to be balanced.

Правовая защита прав потерпевших по делу об административном правонарушении, предусмотренном статьей 12.27 Кодекса Российской Федерации об административных правонарушениях «Невыполнение обязанностей в связи с дорожно-транспортным происшествием»

The article is devoted to the line of legal protection of rights of victims in cases of administrative offenses provided for in Article 12.27 of Russian Code of Administrative Offenses. The author reveals legal gaps and opportunities for abuse by offenders at the stages of administrative investigation and consideration of case by judges, provides recommendations for filling them and taking into account in law enforcement.

Judicial and public control over the discretionary powers of the national regulatory commission in the fields of energy and public utilities

The article analyzes the judicial and public control over the discretionary powers of the National Commission for State Regulation of Energy and Utilities. The Authority of the Regulator in the field of setting tariffs in the energy sector is a broad discretion, therefore, an important legal issue is the regulation and implementation of control activities for their implementation.
 It has been established that the legislation does not provide for the responsibility of the National Commission for State Regulation of Energy and Utilities before consumers - natural persons for making illegal decisions, which can significantly complicate the process of receiving compensation by the consumer for losses incurred as a result of making such decisions by the National Commission for State Regulation of Energy and Utilities in court. This indicates a very high degree of risk and opportunities for abuse in decision-making by the regulator in the field of setting prices (tariffs), including for housing and communal services, which are related to his discretionary powers.
 The article analyzes court cases over the past 3 years by courts of administrative jurisdiction in courts of first instance, in which of the National Commission for State Regulation of Energy and Utilities was a participant (in 2019 – 117 decisions were made, in 2020 – 167 decisions, in 2021 – 179 decisions). However, the results of the analysis led to the conclusion of a very low level of legal activity of consumers - natural persons. Such a low activity of appeals by natural persons against the decisions of the National Commission for State Regulation of Energy and Utilities in the field of setting tariffs may indicate either a low level of knowledge in the field of current mechanisms for setting tariffs in the field of energy and possible public control over their adoption, the need to incur significant costs of time and money to appeal the decisions of the regulator, and mistrust in court in terms of making fair decisions in a dispute with a subject of authority.
 It was concluded that today the household consumer of services in the field of energy is practically not protected from the arbitrariness of the Regulator in the context of the presence of an effective mechanism for checking the use of discretionary powers by the regulator in the field of tariff insertion. In general, only a combination of judicial and public control can give a positive result in the direction of implementing the principle of good governance in the activities of all administrative bodies, including the National Commission, which carries out state regulation in the fields of energy and communal services.

TINJAUAN HUKUM PIDANA TERHADAP AFILIATOR ROBOT TRADING ILEGAL DNA PRO DI INDONESIA

The rapid development in the world of trading is due to the rapid development in the field of technology and the convenience for everyone to access the internet, so that there is an opportunity for abuse through trading robots to gain illegal profits, as has happened to the DNA Pro Trading Robot by carrying out the Ponzi Scheme Mode. The problem in this research is how to review the criminal law against the illegal trading robot affiliate DNA Pro in Indonesia. The research method used is normative juridical. The results of the study show that the suspects in the DNA Pro Trading Robot Case who are under the auspices of PT. DNA Pro Akademi is proven legally according to law to have committed a crime of participating in attempting, assisting, or conspiracy to commit a criminal act of money laundering in terms of receiving or controlling the placement, transfer, payment, or use of assets that he knows or reasonably suspects are proceeds crime, as referred to in Article 5 in conjunction with Article 10 of Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes. The Affiliators of the Pro DNA Trading Robot, which are Illegal Trading Robots, are legally proven to have committed a Criminal Act regulated in Article 378 of the Criminal Code and to spread misleading news is a criminal offense regulated in Article 28 paragraph (1) of Law Number 11 of 2008 concerning ITE, which caused around 3,621 people to become victims of fraudulent investments under the guise of Robot Trading DNA Pro with a total loss of approximately Rp. 551,000,000,000.- (five hundred and fifty one billion rupiah).

High-Tech and Criminal Challenges

Achievements in high technologies are improving the standard of living and the quality of live, open up new opportunities for social activities, including business, and help counteract crimes. However, their downside is the emergence of new criminal threats, for example, the dependence of modern society on the global information network creates an opportunity for its criminal abuse. Such technologies could be used to commit traditional crimes (for example, property theft), or could lead to new forms of offences. A wider use of electronic document workflow results in a growing number of falsifications of «electronic proofs». The authors propose a more active criminal law reaction to cybercrimes, AIrelated crimes, and crimes in the sphere of biotechnologies. In this article, they show the necessity of looking for new, more effective forms of counteracting these crimes, including the develeopment of digital criminalistics. The authors analyze normative legal acts, research and journalistic articles dedicated to the use of assisted reproductive technologies in Russia and abroad. It is stressed that the criminalistic support of protecting assisted human reproduction against various forms of abuse, including criminal ones, should be researched in complex with moral and family values, reproductive human rights, development of genetic engineering. A multidisciplinary approach, which incorporates criminalistics, made it possible to state that current Russian legislation regulating legal relations in the sphere under consideration needs improvement. This situation opens up opportunities for abuse, including such crimes as falsification, fraud, corruption. The COVID pandemic worsened the situation as much graver crimes, including human trafficking, were revealed. The authors identified the possible directions of using criminalistics in the system of measures for ensuring the safety and protection of human rights in the sphere of assisted human reproduction.

The features of legal regulation of personal data of remote workers

To date, the Russian Federation has been formed as an information state, the priority task of which is to protect the interests of the individual, his rights and freedoms guaranteed by the Constitution of the Russian Federation. The widespread use of modern technologies, in particular all kinds of transfers of personal data, poses a real threat to the violation of not only constitutional guarantees for privacy, personal and family secrets, but also labor legislation. It should be recognized that electronic document management increases the opportunities for abuse of rights by workers and employers. In the article, the authors analyze some of the problems arising in the processing and protection of personal data of remote workers, law enforcement practice, and also propose ways of improving labor legislation in this field.

The Posting of Workers

In this chapter we provide an overview of the phenomenon of cross-border posting of workers in the EU and the rules which govern it. We explain the economic and social tensions which drive posting, and which justify its restriction, and how these have led to case law and legislation, and the scholarly response to this law. We examine the core principles of the legislation, in particular concerning terms of employment and social security, and its gaps and weaknesses, and the opportunities for abuse that are left to employers and Member States. We also consider the posted worker as a human being, quite possibly a Union Citizen, in a Member State that is not their own, concluding that their rights to equal treatment, residence, and family accompaniment are further reaching than is generally thought: a posted worker who is a Union Citizen is arguably a migrant worker within the Citizenship Directive, and if not, then at least an economically self-sufficient person with their associated Citizenship rights. Finally, we consider the phenomenon of the Third Country posted worker, their position in the law, and their specific vulnerability to exploitation and abuse.

Penal Sanctions Applicable to a Slave Engaged in Banking Activities

<p>Gaius Suetonius in <em>Vitae Galbae</em>, as part of his <em>Vita divi Augusti</em>, described the case of a banker (<em>nummularius</em>) and the penal sanction applied to him by the later emperor Galba. The governor of the province of Hispania Tarraconensis ordered to cut off the hands of a banker who was unfairly changing money. In order to show even greater severity of the punishment, he ordered the cut off hands to be nailed to the table where the banker was performing the dishonest acts. Undoubtedly, <em>nummularius</em> punished by Galba conducted operations within <em>mensa nummularia</em>. The owners of the cantors used qualified people recruited from among the lower social strata, mainly slaves, to perform mint operations. The professional examination of the quality of a coin required a great deal of specialist work. The convict participated in the banking activity as a support technical personnel. The minting and testing operations ended with sealing the purse with <em>tesserae nummulariae</em>. Such specialized operations were not performed by Roman citizens. The content of <em>tesserae nummulariae</em> may be an indication that the testing operations were performed by slaves. <em>Servi</em> had actual knowledge of the contents of the controlled purses and the control process could be an opportunity for abuse or even punishable acts. The slave would therefore suffer a well-deserved and adequate punishment in the form of chopping off his hands and nailing them to the table at which he dishonestly carried out minting and testing activities.</p>

LEMBAGA PERWAKILAN DAERAH DALAM NEGARA DEMOKRASI

A hallmark of constitutional democracy is the idea that a democratic government is a government that has limited powers and is not justified in acting arbitrarily against its citizens. State power is divided in such a way that opportunities for abuse are reduced. By way of handing it over to several people or bodies and not centralizing the power of government in one hand or one body. Juridical formulation of these principles is famous for Rechstaat (rule of law) and Rule of Law. In the view of democratic groups that base themselves on communist ideology, they always act ambivalent towards the state. The state is seen as a coercive tool that will eventually disappear by itself, after the emergence of communist society. Karl Marx and Engels, the State is nothing but a machine used by one class to act against another class and the state is only a transitional institution used in the struggle to oppress opponents with violence. The state will eventually disappear when communism is reached because no one is oppressed.

Strengthening Township Economies in South Africa: the Case for Better Regulation and Policy Innovation

There is considerable policy interest in supporting township economies at present. This is important considering their history of marginalization and the extent of unemployment and poverty. However, the short-term injection of additional resources could simply leak out unless more conducive conditions are created for enterprises to grow and develop locally. The paper examines the framework of government laws, regulations and administrative procedures that inhibit township economic development. Inappropriate standards and onerous approval systems make it difficult for firms with growth aspirations and potential to formalize their operations and expand. The current situation oscillates between laissez-faire neglect and enforcement of punitive regulations, which creates uncertainty and opportunities for abuse. The paper concludes with some recommendations to create a more enabling environment, emphasizing the need for local experimentation and learning from reforms to different elements of the regulatory framework.

ISJ Editorial

ISJ Editorial

THE NEED FOR RESEARCH ON PUBLIC SUBJECTIVE RIGHTSOF PERSONS WITH DISABILITIESFROM THE PERSPECTIVE OF POLISH ADMINISTRATIVE LAW

When dealing with citizens, public administration has numerous opportunities for abuse of its privileged position. The study of public subjective rights of disabled persons in public law is important because the relation under administrative law is not an equal relation. The state is always the stronger party. When a party to this relation is a person with a dysfunction of the body, a situation is created which is highly unfavourable for this person because of the natural tendency of the state system (including public authorities) to use its privileged position. This can result in actual discrimination of persons with disabilities. The purpose of the law is the common good and welfare of individual persons. Respecting the welfare of persons with disabilities in the public law guarantees the realization of the common good. One can not create the law while ignoring the rules governing human life. As Petrażycki wrote, “the highest good to which we should strive in policy in general and legal policy in particular – is the moral development of man and the rule of highest rational ethics among human beings, namely, the ideal of love” (Petrażycki, 1968, translation mine).

"Manipulation and abuse on social media" by Emilio Ferrara with Ching-man Au Yeung as coordinator

The computer science research community has became increasingly interested in the study of social media due to their pervasiveness in the everyday life of millions of individuals. Methodological questions and technical challenges abound as more and more data from social platforms become available for analysis. This data deluge not only yields the unprecedented opportunity to unravel questions about online individuals' behavior at scale, but also allows to explore the potential perils that the massive adoption of social media brings to our society. These communication channels provide plenty of incentives (both economical and social) and opportunities for abuse. As social media activity became increasingly intertwined with the events in the offline world, individuals and organizations have found ways to exploit these platforms to spread misinformation, to attack and smear others, or to deceive and manipulate. During crises, social media have been effectively used for emergency response, but fear-mongering actions have also triggered mass hysteria and panic. Criminal gangs and terrorist organizations like ISIS adopt social media for propaganda and recruitment. Synthetic activity and social bots have been used to coordinate orchestrated astroturf campaigns, to manipulate political elections and the stock market. The lack of effective content verification systems on many of these platforms, including Twitter and Facebook, rises concerns when younger users become exposed to cyber-bulling, harassment, or hate speech, inducing risks like depression and suicide. This article illustrates some of the recent advances facing these issues and discusses what it remains to be done, including the challenges to address in the future to make social media a more useful and accessible, safer and healthier environment for all users.

Not reasonably practicable: are there now greater opportunities for abuse by a nearest relative?

Purpose – The purpose of this paper is to explain a decision of the Court of Appeal about the duty an Approved Mental Health Professional (AMHP) will sometimes have to consult a patient's nearest relative, and to set that decision in the context of an earlier one. Design/methodology/approach – Each decision is examined in detail and one is compared with the other. Reference is made to the Mental Health Act 1983 Code of Practice. Findings – It will be harder for an AMHP to establish that consultation is not reasonably practicable, and it will be correspondingly easier, in some cases, for a nearest relative to obtain information about a patient or achieve proximity to her. Originality/value – This is thought to be the first time the two cases have been considered together or in their true context.

Suffer the Teenage Children: Child Sexual Abuse in Church Communities

In recent years, an increasing amount of attention has been given to the problem of child sexual abuse in church communities. While all churches, and indeed all communities which care for children, have had experience of this problem, most attention has been paid to the problem of child sexual abuse in the Catholic Church. This paper, given at Emory University’s Center for the Study of Law and Religion in January 2013, examines the issue of child sexual abuse in church communities, drawing particularly on Australian data. Most victims of child sexual abuse both in the Catholic and Anglican churches in Australia, are adolescent boys. This points to the importance of opportunity for abuse to occur, since priests and other ministers are more likely to have opportunities to be alone with teenage boys than with girls. While there are some similar patterns in terms of victims’ age and gender, the incidence of abuse by Catholic clergy and religious appears to be many times that of ministers and pastoral staff in other Christian churches, and it may well be significantly higher than in the general population. The paper explores the reasons why this may be so. It also examines how churches in Australia have responded to the problem of child sexual abuse. Concerns about systemic failures in the response of the Catholic Church in particular have led to the establishment of a Royal Commission in 2013 which will examine child abuse in institutional settings across the country.

The Trouble with All-or-Nothing Settlements

When defendants settle litigation involving multiple plaintiffs, they often insist that they will settle only if they obtain releases from all or nearly all of the plaintiffs in the group. Judges, lawyers, and academics largely accept the drive for comprehensive settlements as a given, and many embrace such settlements as a positive goal. All-or-nothing settlements, however, create uncommon pressures and opportunities for abuse. Exploring a number of recent mass settlements that have led to disciplinary proceedings, civil litigation, and criminal prosecutions, this article shows the pressures and opportunities that arise out of defendants' insistence on bringing all claimants into a deal. The article describes seven types of ethical problems created by demands for fully inclusive settlements. First, all-or-nothing settlements create client-client and lawyer-client conflicts of interest. Second, such settlements exacerbate problems concerning the allocation of settlement funds, including incentives to misallocate. Third, they create a risk of strategic hold-outs as savvy clients may attempt to extort additional money by withholding consent. Fourth, they create an incentive for lawyers to keep settlement money in reserve as a slush fund to ensure full participation, leading to problems of misallocation and client deception. Fifth, they generate loyalty problems by pressuring lawyers to withdraw from representing non-settling clients. Sixth, they create special problems concerning clients’ informed consent to aggregate settlements. And seventh, they introduce a risk of collusion as the interest of plaintiffs’ counsel aligns with the defendant’s interest in getting every plaintiff to sign on to the deal. Although all-or-nothing settlements provide peace for defendants and value for claimants, the troubles they engender suggest that the current love affair with comprehensive settlements - evident in academic writings, judicial pronouncements, and defendant demands - should be tempered by a realistic appreciation of the ethical downside.

Abusive interactions with embodied agents

Numerous research groups around the world are attempting to build realistic and believable autonomous embodied agents that attempt to have natural interactions with users. Research into these entities has primarily focused on their potential to enhance human–computer interaction. As a result, there is little understanding of the potential for embodied entities to abuse and manipulate users for questionable purposes. We highlight the potential opportunities for abuse when interacting with embodied agents in virtual worlds and discuss how our social interactions with such entities can contribute to abusive behaviour. Suggestions for reducing such risks are also provided, along with suggestions for important future research areas.

‘Setting ’Em Up’: Personal, Familial and Institutional Grooming in the Sexual Abuse of Children

The term ‘grooming’ has been used to describe the offender’s actions during the preparatory stage of sexual abuse. This article will argue that current discourses on grooming have created ambiguities and misunderstandings about child sexual abuse. In particular, the popular focus on ‘stranger danger’ belies the fact that the majority of children are abused by someone well known to them, where grooming can also occur. Current discourses also neglect other important facets of the sex offending pattern. They fail to consider that offenders may groom not only the child but also their family and even the local community who may act as the gatekeepers of access. They also ignore what can be termed ‘institutional grooming’ - that sex offenders may groom criminal justice and other institutions into believing that they present no risk to children. A key variable in the grooming process is the creation and subsequent abuse of trust. Given that the criminal law may be somewhat limited in its response to this type of behaviour, ultimately concerted efforts must be made to foster social and organizational awareness of such processes in order to reduce the offender’s opportunity for abuse.

Toward an Ethics of Detention and Interrogation: Consent and Limits

An ethics of detention and interrogation avoid opportunities for abuse of detainees, which would undermine the US's commitment to uphold human dignity.