Recovery Of Compensation Research Articles

Институты возмещения убытков и выплаты компенсации в связи с обеспечением иска в российском гражданском и арбитражном судопроизводстве (сравнительно-правовой анализ)

This article is devoted to the study of the problematic aspects related to the legal regulation of the institutions of recovery of damages and compensation due to interim measures in russian commercial and civil proceedings. A comparative legal analysis of the legislative regulation of the above means of judicial protection is carried out. A special attention is given to the evaluation of efficiency of the institute of compensation due to interim measures which is provided only in commercial proceedings. Measures for elimination of the drawbacks revealed in article 98 of the Commercial Procedural Code of the Russian Federation and article 146 of the Civil Procedural Code of the Russian Federation are offered.

Criminal Law Enforcement of Book Copyright Infringement in Digital Market Places in The Ecosystem E-Commerce Through Restorative Justice

Criminal law enforcement against book copyright infringement in Indonesia is still weak and has not ensured legal certainty in its protection. Justice for copyright holders is still not achieved in a restorative manner, due to not updated copyright rules in accordance with the development of digital markets in the marketplace. The purpose of this study is to analyze criminal law enforcement, legal protection and restorative justice against copyright infringement of books on Digital Market Place in Indonesia. This research method uses normative juridical type with descriptive analysis approach and empirical comparison. The results showed that criminal law enforcement against copyright infringement of books on Digital Market Place in Indonesia is categorized in the criminal 'complaint offense' which is carried out through the initial stages of receiving complaints on copyright infringement followed up with mediation in settlement efforts, and if no settlement is found then the next stage is resolved in the judicial process through case examination, investigation and investigation, the process of interception of digital evidence and its handling up to the judicial process. Legal protection of book copyright on Digital Market Place from the perspective of law enforcement is done through efforts to protect the regulatory aspects of copyright automatically copyright holders, recording system / registration of exclusive rights; moral rights and economic rights, guidance systems and internal supervision preventively through socialization of education and respressively through monitoring the market place, as well as external supervision in customs through cooperation beacukai in tackling the sale of goods that violate copyright. Restorative Justice efforts in criminal law enforcement against copyright infringement of books on Digital Market Place is done by dispute resolution through mediation and arbitration in the commercial court. Conceptually, Restorative Justice is designed in the future with the concept of fair restitution in the recovery of repairs for damage to copyright morally and recovery of compensation for the loss of economic rights materially. As the findings of this study the concept of restitution in restorative justice is very relevant to be developed in the future in the global copyright rules along with the development of E-Commerce in the digital market.

Understanding Efficiency and Representation as Objectives of a Class Action

The author examines the legal nature of class actions using a teleological approach. The paper provides an overview of the prevailing ideas and discussions in the literature about the targeted orientation of a class action. In particular, the two most significant goals are described in detail: efficiency and representation. The author emphasizes that structurally they are two-component: the goal of efficiency is related to the recovery of compensation and monetary restraint; the goal of representation is related to the accessibility of justice and the adoption of new legal norms. Within the framework of the analysis of the provisions of the legal doctrine, the author substantiates that giving priority to a particular purpose of a class action significantly limits the understanding of its legal nature and does not contribute to its assessment as an integral procedural and legal instrument. In addition, the author draws attention to the economic aspect of a class action, which, by combining separate claims related to similar circumstances, makes the initiation of the process financially expedient for plaintiffs, whose court costs are evenly distributed among all members of the group. On the other hand, class actions contribute to reducing the costs of defendants who may oppose several claims in a single trial. The burden on the judicial system is also reduced due to a smaller number of initiated cases. The paper argues that the objectives of a class action should be considered in their unity. This approach allows us to turn to a broader understanding of the class action and to identifying its key features, some of which relate to efficiency, and some – to the goal of representation. The author concludes that only a coordinated understanding of the objectives of a class action can become the basis for a clearer understanding of its legal nature and improvement of procedural legislation.

СПОСОБИ ЗАХИСТУ ПРАВ МІНОРИТАРНИХ АКЦІОНЕРІВ У СПОРАХ ПРО ОБОВ'ЯЗКОВИЙ ПРОДАЖ АКЦІЙ

Background. The institution of mandatory sale of minority shareholders' rights at the request of a person (group of persons) who owns a dominant controlling stake (squeeze-out) is new for the theory and practice of the domestic corporate law. In the legislation of the EU countries, a public offer is a mechanism that guarantees the protection of minority shareholders in the process of redistribution of corporate control and takeover of a joint-stock company and ensures a balance of private and public interests in a joint-stock company in the process of the exit of a public company from the regime of publicity and the termination of share trading on the regulated stock market. The updated legislative regulation of Ukraine in the part of the mandatory sale of shares (squeeze-out) has gaps in the part of special methods of the protection of minority shareholders' rights and interests violated by such a transaction, for example, in case of the understatement of the shares price or non-compliance with the normatively established rules for the procedure of mandatory sale of shares. Methods. The article analyzed the practice of the Supreme Court aimed to solve this problem and determine methods of protection the minority shareholders' rights in a jurisdictional form. General scientific and special scientific methods are using the article,: system analysis, dialectical, system-structural, analyzed the legal norms, doctrinal provisions and practice of the Supreme Court, which regulate the procedure for determining and choosing methods of protecting the minority shareholders' rights in а jurisdictional form. Results. Effective and ineffective methods of protecting of the minority shareholders' rights were determined. Among the effective methods of protection, the following were highlighted: recovery of damages, recovery of compensation – the amount of money that is the difference between the fair market value of shares and the price of their mandatory sale, recognition of the right to receive compensation, recovery of acquired property (money) without proper legal basis, recognition voiding the deed of compulsory sale of shares of the minority shareholder-plaintiff by public irrevocable demand, recovery of inflationary losses and 3 % per annum. Ineffective methods of protection were defined as the invalidation the decision of the supervisory board and the invalidation of a public irrevocable demand, the termination of the action that violates the right. Conclusions. The specified legal regulation without defining in the law special methods of protection and joint liability of the applicant of a takeover bid and persons acting together with him appears to be insufficient. The shares of minority shareholders are redempted without a will, the shareholders are not able to influence the process of the redemption and determination of the shares price and the law does not provide grounds to stop the squeeze-out procedure for the appeal period.

Markerless tracking enables distinction between strategic compensation and functional recovery after spinal cord injury

Injuries to the cervical spinal cord represent around 60% of all spinal cord injuries (SCIs). A major priority for patients with cervical SCIs is the recovery of any hand or arm function. The similarities between human and rodent “reach-to-eat movements” indicate that analyzing mouse forelimb reaching behavior may be a method of identifying clinically relevant treatments for people with cervical SCIs. One popular behavioral measure of forelimb functional recovery comprises the Single Pellet Retrieval Task (SPRT). The most common outcome measure for this task, however (percentage of pellets successfully retrieved), cannot readily distinguish between recovery of pre-injury motor patterns and strategic compensation. Our objective was to establish outcome measures for the SPRT that are readily adopted by different investigators and capable of measuring recovery of limb function after SCI. We used a simple semi-automated approach to high-speed tracking of mouse forepaw movements during pellet retrieval. DeepLabCut™, a machine learning based computer vision software package, was used to track individual features of the mouse forepaw, allowing a more detailed assessment of reaching behavior after SCI. Interestingly, kinematic analysis of movements pre- and post-injury illuminated persistent deficits in specific features of the reaching motor patterns, namely pronation and paw trajectory, that were poorly correlated with recovery of the ability to successfully retrieve pellets. Thus, we have developed an inexpensive method for detailed analysis of mouse reach-to-eat behavior following SCI. Further, our results suggest that binary success/fail outcome measures primarily assess an animal's ability to compensate rather than a restoration of normal function in the injured pathways and networks.

Раскрытие доказательств в состязательном гражданском процессе

The article examines the issues of the use of evidence that are important in the adversarial process. The author proposes that the persons participating in the experience cannot be deprived of the opportunity to apply the tactics. It is advisable to establish a rule according to which the court of first instance participating in the case can track the disclosure of evidence by this person before hearing the explanations of the persons participating in the case and questioning the witnesses participating in the case. The author also comes to the conclusion of the court about the inadmissibility of the first instance’s refusal to accept evidence on the grounds of their untimely disclosure. The application of the sanction does not allow ensuring the application of the principle of proportionality in relation to the substantive consequences for the violator. At the same time, such sanctions as a fine, recovery of compensation for the actual loss of time, recovery of court costs are possible. The actions of the court are also important, contributing to the situational consolidation of the international interests of the parties, in which both parties are interested in the disclosure of certain evidence.

CONSIDERATION OF THE CASE ON THE RECOVERY OF COMPENSATION FOR VIOLATION OF THE EXCLUSIVE COPYRIGHT THROUGH THE PRISM OF MATRIX GAMES

Abstract: the article reveals the conditions for applying the matrix games toolkit to situations with legal content. Using the example of case no. A40-162373/2020 on the recovery of compensation for infringement of exclusive copyright, the compilation of the “profitability” matrix is demonstrated. Using the Bayes, Wald, Savage and Hurwitz criteria the optimal strategy of legal behavior of the copyright holder and the violator is mathematically justified. It is shown that predicting the outcome of a civil dispute using these criteria will allow the participants of the turnover to determine the strategy of legal behavior in the absence of a unified approach in law enforcement practice and minimize their own costs.

THE CATEGORY OF "INTANGIBLE BENEFITS" AND SCIENTIFIC APPROACHES TO ITS LEGAL SUBSTANCE

The article examines the existing scientific approaches to the category of "intangible benefits", at the same time it compares the content of this concept with the term "personal non-property rights". The relevance of the theme is beyond doubt, since intangible benefits are protected from encroachments specifically by recovery of compensation for moral injury. This institution provides for the possibility of compensation for non-material damage, in practice, the most widely used method is the one that involves action demand with a statement of claim. Consequently, there is an obvious need to study the issues of legal protection and protection of intangible benefits from the point of view of the analysis of judicial and law enforcement practice. The purpose of the study is to analyze the definition of "intangible benefits" formalized in civil legislation and to identify the non-mandatory beginnings of its practical application in civil circulation. The methodological basis was the comparative law, formal legal, logical, dialectical and other methods of scientific research. Attention is drawn to certain elements of intangible benefits – personal inviolability, personal privacy and inviolability of the home, personal data, business reputation, etc. Much attention is paid to disclosing the scientific and legal concept of intangible goods, as a result of which the author comes to the conclusion that it is impossible to unambiguously understand the substance of intangible goods, in connection with which various approaches are proposed to understanding and disclosing the content of the desired category of "intangible goods" in the Russian civil law. Improving the regulatory framework which regulates the protection of non-property rights of legal entities should be considered one of the goals in the development of modern civil legislation.

Принцип полного возмещения вреда и его отражение в законодательстве Российской Федерации

Relevance. One of the basic approaches for civil law is to allow the injured party to claim full compensation for the harm caused and the losses incurred. The widespread use of this approach is based on universal ideas about the reasonableness and fairness of full compensation to the injured party for the diminution of its property sphere at the expense of the offender or other harm-doer. Compensation of damages, directly related to the implementation of the principle of compensation for harm, plays a crucial role among all the means of protection of subjective civil rights specified in the list given in article 12 of the Civil Code of the Russian Federation. The purpose of the study is to develop theoretical provisions defining the specifics of implementation of the principle of full compensation for damages at the current stage of development of market economy and social relations in the Russian Federation. Objectives: to identify the problems associated with the implementation of the principle of full compensation for harm in the civil law of the Russian Federation; ; to determine the features of the balance of interests in the recovery of compensation and other cases of compensation for harm caused; to determine the directions of further development of legal regulation of the issues under consideration. Methodology. When writing the work, dialectical-materialistic method, systematic method, methods of analysis and synthesis, formal-legal method were used. The results of the research are of a theoretical and applied nature and are aimed at improving the quality of legal regulation of civil legal relations. The conclusions made in the article are of debatable character, are aimed at continuing of researches in the framework of the stated theme, are aimed at development of the main principles that allow to solve in a unified way the problems connected with realization of the rights to full compensation of damage to the injured party at the expense of its causer. The article is a continuation of scientific studies of the author on issues related to the problems of civil liability.

Model of registration of road accidents: problems of law enforcement

This publication focuses on the theoretical investigation of issues arising in the Russian Federation in law enforcement related to the recently introduced digital procedure for the registration of road accidents through the “DTP.Europrotokol” electronic application running on the Android or Apple iOS operating systems. The purpose of the study is to examine the above method of independent registration of a road accident without authorized police officers, developed by the Russian Association of Motor Insurers, with a substantiation of the possibility of subsequent attaching evidentiary value to the information contained in such an application in legal proceedings for the recovery of insurance compensation in connection with the occurrence of this road accident. The authors assessed the effectiveness and feasibility of this digital traffic accident model, including the lack of sufficient regulatory guarantees for the safety of the information uploaded by the user to the mobile application, the existence of virtually unlimited powers of the application developer to control its functioning. They drew attention to certain enforcement problems associated with the assessment of the information available from the “DTP.Europrotokol” application, which is not possible to use in all cases, data the accuracy of which depends on many technical factors.

Компенсация за нарушение авторских и смежных прав: сущность и основные функции

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

Compensation or Recovery? Altered Kinetics and Neuromuscular Synergies Following High-Intensity Stepping Training Poststroke

Background. High-intensity, variable stepping training can improve walking speed in individuals poststroke, although neuromuscular strategies used to achieve faster speeds are unclear. We evaluated changes in joint kinetics and neuromuscular coordination following such training; movement strategies consistent with intact individuals were considered evidence of recovery and abnormal strategies indicative of compensation. Methods. A total of 15 individuals with stroke (duration: 23 ± 30 months) received ≤40 sessions of high-intensity stepping in variable contexts (tasks and environments). Lower-extremity kinetics and electromyographic (EMG) activity were collected prior to (BSL) and following (POST) training at peak treadmill speeds and speeds matched to peak BSL (MATCH). Primary measures included positive (concentric) joint and total limb powers, measures of interlimb (paretic/nonparetic powers) and intralimb compensation (hip/ankle or knee/ankle powers), and muscle synergies calculated using nonnegative matrix factorization. Results. Gains in most positive paretic and nonparetic joint powers were observed at higher speeds at POST, with decreased interlimb compensation and limited changes in intralimb compensation. There were very few differences in kinetic measures between BSL to MATCH conditions. However, the number of neuromuscular synergies increased significantly following training at both POST and MATCH conditions, indicating gains from training rather than altered speeds. Despite these results, speed improvements were associated primarily with changes in nonparetic versus paretic powers. Conclusion. Gains in locomotor function were accomplished by movement strategies consistent with both recovery and compensation. These and other data indicate that both strategies may be necessary to maximize walking function in patients poststroke.

LEGAL REGULATION OF RELATIONS DURING THE RECOVERY OF COMPENSATION FOR A FLIGHT DELAY

Purpose: the study attempts to determine the scope of legal regulation of relations in the recovery of compensation for the delay of the flight, as well as the complications and problems associated with the lack of appropriate legal regulation faced by passengers in the event of recovery of such compensation, and possible ways of eliminating the relevant obstacles in realization by passengers of this right. Methods of research: in the work the dialectical method of cognition, general scientific and special methods were used. Results: the reasons for the need to form a centralized mechanism for realizing the passenger right to compensation in connection with flight delay are given. Discussion: search for ways to improve the legal mechanism for implementing passenger rights to compensation in connection with flight delays. Summing up these considerations, it can be stated that despite the certain level of legal regulation of national and legislative norms during the realization of passengers’ right to compensation in connection with the delay of the flight, such complications as: uncertainty of the form and content of the documents, which is the basis for Compensation; refusal of the employees of the air carrier or the airport to certify the fact of the timely appearance of passengers for registration and the fact of the flight delay; their failure to fulfill their duties to inform passengers about flight delays, failure to report the reasons and possibilities for the effective realization of the right to such compensation; abstract determination of time delay countdown and others. Elimination of these complications is possible through the formation and legislative consolidation of a unified centralized mechanism for the implementation of the relevant provisions of legislative acts on the right of passengers for reimbursement in connection with flight delays, which will also contribute to the modernization of the transport system of Ukraine.

Interactive effects of high temperature and drought stress during stem elongation, anthesis and early grain filling on the yield formation and photosynthesis of winter wheat

Heat waves and drought periods are expected to become more frequent due to climate change. This may cause a critical decline in future crop yields. However, insufficient knowledge of the interactive effects of high temperature and drought stress at specific growth stages is the cause of numerous uncertainties in modeling impacts of climate change on field crop growth and yield. Hence, the aim of this study was to investigate the effects of interactions between the short-term exposure (3 and 7 days) of two winter wheat genotypes to elevated temperature and drought stress on yield formation and photosynthetic parameters. Winter wheat plants grown under ambient conditions were subjected to four temperature regimes (with maxima at 26, 32, 35 and 38 °C) and drought in growth chambers at three critical growth stages (beginning of stem elongation – DC 31, beginning of anthesis – DC 61, and medium milk ripe – DC 75). The response of yield formation parameters was obviously modulated by variety and growth stage. Grain number was more affected by drought at DC 31 and by the temperature at DC 61. Grain weight per spike was reduced by drought stress similarly at all growth stages, but the results indicated the increasing sensitivity of this parameter to a temperature at the later growth stage. Although yield parameters only changed slightly with the length of heat and drought stress, the photosynthetic parameters were strongly affected, particularly by longer drought and the interactive effect of high temperature and drought stress. Higher temperature significantly increased the negative impact of drought on CO2 assimilation rate. Photosynthetic parameters were less affected by combined high temperatures and drought stress at DC 61 as compared to other growth stages investigated. The larger effect at the later growth stage (DC 75) can be attributed to induced senescence, among other factors, particularly in the Bohemia variety. The Tobak variety appears to be more tolerant to combined high temperatures and drought stress in terms of photosynthetic parameters. Based on the relationships between heat degree-days (HDD) and grain weight per spike we demonstrated the potential of HDD to integrate length and intensity of heat stress at different growth stages, particularly for estimation effects on yield parameters. It can be summarized that although the short-term combination of high temperatures and drought causes significant reductions in photosynthetic parameters, the impact on yield formation is much lower, indicating fast recovery of photosynthetic processes and compensation in yield formation parameters.

Pay to play violations: an SEC focus

PurposeTo explain and analyze the SEC’s January 17, 2017 announcement of settlements with ten investment advisory firms related to charges that those firms violated Rule 206(4)-5, known as the “Pay-to-Play Rule,” of the Investment Advisers Act of 1940.Design/methodology/approachExplains the Pay-to-Play Rule, its applicability to investment advisers, the de minimis and returned contribution exceptions, and the Rule violations cited by the SEC, and draws conclusions for the benefit of registered investment advisers and exempt reporting advisers.FindingsThe settlement included censures, civil money penalties, and recovery of compensation earned for firms’ failure to abide by the Rule, most often involving relatively small contributions by single covered individuals.Practical implicationsIn light of these settlements, registered investment advisers and exempt reporting advisers may wish to review the adequacy of their policies and procedures with respect to the Pay-to-Play Rule and the effectiveness of their implementation.Originality/valuePractical analysis and guidance from an experienced lawyer with a specialty in investment management.

SEC proposes new compensation clawback rules

Purpose – To examine the proposed rules issued by the Securities and Exchange Commission (SEC) pursuant to Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, which, if adopted, would require national stock exchanges to establish listing standards that would require listed issuers to adopt so-called clawback policies for the recovery of excess incentive-based compensation in the event that an issuer is required to prepare an accounting restatement resulting from material noncompliance with any financial reporting requirement. Design/methodology/approach – The article discusses the SEC’s proposed rules, including the circumstances that would require recovery of excess incentive-based compensation, the types of compensation that, and the individuals whose compensation, would be subject to recovery, and certain new disclosure requirements for listed issuers. Findings – The SEC’s proposed rules will, if adopted, impose additional burdens on listed issuers to adopt and comply with recovery policies for excess incentive-based compensation and adhere to new public disclosure requirements. Originality/value – Expert analysis from experienced securities and executive compensation lawyers.

Mechanism of Enriched Environment in Recovery of Functional Compensation after Cerebral Ischemia

Mechanism of Enriched Environment in Recovery of Functional Compensation after Cerebral Ischemia

Peripheral vestibular disorders

First, to update the diagnosis, pathophysiology, and treatment of the most frequent peripheral vestibular disorders. Second, to identify those disorders for which the diagnostic criteria are still deficient and treatment trials are still lacking. Bilateral vestibulopathy can be reliably diagnosed by the head-impulse test, caloric irrigation, and vestibular-evoked myogenic potentials. A new frequent subtype has been described: cerebellar ataxia, neuropathy, and vestibular areflexia syndrome. Benign paroxysmal positioning vertigo can be easily diagnosed and effectively treated. Vestibular neuritis is most likely caused by the reactivation of a herpes simplex type 1 infection; the inferior vestibular nerve subtype is now well established. More evidence is needed that the recovery can be improved by corticosteroids. Endolymphatic hydrops in Menière's disease can be depicted by high-resolution MRI after transtympanic gadolinium injection; a high-dosage and long-term prophylactic treatment with betahistine is evidently effective. Its mechanism of action is most likely an increase in the inner-ear blood flow. Vestibular paroxysmia is now a well established entity; carbamazepine is the treatment of first choice. Superior canal dehiscence syndrome can be reliably diagnosed; the best current treatment option is canal plugging. Although progress has been made in the diagnosis and treatment of most peripheral vestibular disorders, more state-of-the-art trials are needed on the treatment of bilateral vestibulopathy to prove the efficacy of balance training, of vestibular neuritis (in terms of recovery of peripheral vestibular function and central compensation), of vestibular paroxysmia to prove the effects of carbamazepine, and of Menière's disease to find the optimal dosage of betahistine.

Long-term outcomes of injection laryngoplasty in patients with potentially recoverable vocal fold paralysis1

Injection laryngoplasty (IL) is a temporary intervention for unilateral vocal fold paralysis (UVFP). IL is often performed in patients with a potentially recoverable recurrent laryngeal nerve insult while awaiting spontaneous recovery, compensation, or definitive intervention. This study investigates the long-term outcomes of subjects treated with an IL. Restrospective chart review. A single-institution, retrospective review was performed from January 2004 to July 2008; subjects with potentially recoverable UVFP who underwent an IL were included. The following etiologies were noted for the 42 subjects included: idiopathic in 13 (31%), iatrogenic in 25 (60%), infectious in two (5%), traumatic in one (2%), and stroke in one (2%). Ten subjects (24%) had full recovery of their paralysis, four (10%) partially recovered movement with adequate recovery of voice, 16 (40%) had no recovery of motion but compensation with adequate recovery of voice, 12 (29%) required further definitive intervention in the form of laryngeal framework surgery. Voice-related quality of life scores improved for all patients surveyed after IL and improved more for those who ultimately recovered or compensated. The majority of subjects with potentially recoverable UVFP recover vocal fold motion and/or adequate voice after IL without permanent intervention.

Equitable Clawback: An Essay on Restoration of Executive Compensation

The remedy of restoration of compensation, known in the agency context as the faithless servant doctrine, provides for the corporate principal's recovery of compensation previously paid or payable to corporate officers and other agents who have breached their fiduciary obligations. Although a limited clawback provision was one of the reforms enacted as part of the Sarbanes-Oxley Act, courts have refused to imply a private remedy, and, even if they were to do so, it would be of limited utility. Given the many variations of the clawback concept, including the demands for clawback of AIG and Merrill Lynch bonuses and of pre-bankruptcy returns paid to Madoff investors, I have chosen to distinguish the equitable remedy of restoration of compensation as equitable clawback. My essay contends that the remedy's increased recognition and broader use would add primacy to individual versus entity liability, and, consequently, help reestablish the link between executive wealth and executive responsibility.