Law Relationship Research Articles

Civil liability of the sole executive body of a business company: correlation with labor and tax law institutions

In modern conditions of business turnover, characterized by the desire of business entities to achieve the benefits and goals of social corporate responsibility, the issues of preserving the balance of interests of parties that have a diversified status are of particular relevance. Such subjects include the general director, who is simultaneously a management body, an employee and a taxpayer, being in relations with a business company regulated by both corporate, labor and tax law norms, which allows to qualify his status as a diversified one. The issue of correlation of the norms of three branches of law in relation to the status of the chief executive officer (CEO) through the prism of the institute of civil liability in the form of compensation for losses caused to the company by incentive (bonus) payments to the CEO is considered. The article assesses the law enforcement practice in disputes concerning the recovery of this category of losses from the director, where the courts give priority to the norms of corporate law without taking into account the explanations of the Constitutional Court of the Russian Federation on the unconditional right of an employee to receive bonuses, which are a variable component of salary. The court approaches are analyzed and their justifications are given with regard to the inclusion of the amounts of personal income tax paid by the company to the budget of the Russian Federation into the damages recovered from the CEO. The conclusions are made about the priority importance of labor and tax legislation norms in correlation with corporate law norms when applying the institute of directors’ indemnification for losses. The results of the study can be used for the development by the Supreme Court of the Russian Federation of appropriate explanations to the courts of lower instances on consideration of disputes on the recovery of losses from the sole executive body of a business company.

Prohibition of driving vehicles in the punishment system

Subject of research: the norms of criminal legislation of Azerbaijan, Armenia, the Republic of Belarus, the USSR, Poland, Spain, the Federal Republic of Germany, Estonia, defining deprivation of the right to drive a vehicle as a type of punishment in the form of deprivation of the right to hold certain positions and engage in certain activities, as well as the problematic aspects of its appointment. Purpose of research: to identify problematic aspects and ways to improve the norms of the criminal law defining the system of punishments of the Republic of Belarus, and to make proposals to overcome them. Object of research: criminal law relations arising from the application of criminal liability with the imposition of punishment of deprivation of the right to drive a vehicle as a type of punishment in the form of deprivation of the right to hold certain positions and engage in certain activities, which were studied by applying a retrospective and comparative legal analysis of the approaches of domestic and foreign legislators to this punishment. Main results of research: it is proposed to provide for an independent punishment in the form of a ban on driving in the Belarusian penal system, while its possible legal structure is described.

“The Cause of our Poverty is Colonia.” The Colonate System in the County of Gorizia and Gradisca during the Austro-Hungarian Empire

The paper examines the colonate system – a specific form of land dependency that persisted for almost a century following the abolition of feudal relations in 1848. It was a civil law relationship that involved mostly poor peasant families who did not own property, leasing land, a house, or an entire estate based on a contract, most often from noble families or wealthy rural landlords. The system resembled serfdom and was passed down from generation to generation between the coloni. It pushed colonate families to the margins of society and into poverty. The system persisted in the Habsburg monarchy, notably in the region of Gorizia and Gradisca, especially in the western parts. This paper will present the general features of the system, as it existed at the turn of the 19th century, as well as the attempts of the authorities to formally regulate it.

Conflict of interest in the securities market

In the article examines the problem of applying the legal interpretation of the concept of “conflict of interest,” including as applicable to legal relations in the stock market. Such concepts as the fiduciary duties of a trustee, the controversial nature of the legal definition of a conflict of interest through the concept of personal interest are considered. The need for further development of the prudential regulation system and a more specific definition of the criteria for the fiduciary duties of the principal in the securities market are substantiated. The possibility of introducing into Russian practice the approach used in the common law system is analyzed. According to this approach, only proof of the fact of dishonest fulfillment of fiduciary duties, such as loyalty, due diligence and information duty can serve as a basis for prosecution in the event of a conflict of interest, but not the establishment of the fact of personal interest. In particular, from this point of view, the fundamental rule of the common law system applied in the stock market is considered — to fully rely on the information (i.e., a situation completely opposite to the approach that has developed in Russian law in relation to identifying conflicts of interest) provided by the broker to the client, and to expect, that he will perform his duties with all competence and due care. The author substantiates the greater effectiveness of the approach of establishing a presumption of conscientious fulfillment of fiduciary duties by a trustee and bringing to responsibility only if the contrary fact is proven.

Digital Rights in Palestine: Prospects of a Constitutional Judicial Review

Abstract A set of rights and freedoms are protected by constitutions and interpreted by the competent judiciary. The increasing use of information and communication technologies (ICT s) creates new legal challenges to rights and their judicial interpretation. This article aims at analysing the prospects of the Palestinian Supreme Constitutional Court (SCC) concerning digital rights, while considering political and legal challenges. In doing so, it begins with a brief introduction to the concepts of digital right and digital constitutionalism. The article further describes the status of digital rights in Palestine and evaluates the role of the SCC in the adjudication of the constitutionality of the laws in relation to human rights protection on the internet. It finally offers proposals for understanding the necessity for constitutional protection of digital rights in Palestine through judicial review. It argues that the Palestine needs constitutional modernisation to address the legal implications of technologies on human rights.

Experimental validation of vibration similitude laws for stiffened panels excited by a turbulent boundary layer

Stiffened structures excited by a turbulent boundary layer (TBL) occur in many engineering applications, particularly in the aerospace and naval sectors. The structures encountered in these applications are generally large and complex, and carrying out experiments in order to characterize their vibration response can be costly, time-consuming and difficult. To overcome these constraints, the similitude theory can be used to estimate the response of a full scale structure from the response of a reduced scale structure. A simplifying step to determine these similitude laws for stiffened panels consists in modeling the panel as an equivalent orthotropic panel. Then, using the governing equation of the orthotropic panel and considering the TBL excitation, the vibration similitude laws are derived implying similitude conditions to be respected on geometrical and material properties of the structure as well as flow velocity. In this paper, we present the developments of these similitude laws and an experimental validation for panels in air. The similitude conditions are discussed to adequately choose the properties of scaled stiffened panels. Experimental results are presented to show that the structural response of the reference panel can be recovered from the response of the reduced scale panel using the related scaling laws.

Perlindungan Hukum Pembeli atas Ketidaksesuaian Kualitas Barang dan Jasa Berdasarkan Undang-Undang Perlindungan Konsumen

The development of digital technology has encouraged changes in the way of buying and selling transactions, especially through e-commerce platforms. However, in practice, it is not uncommon for the goods and services purchased to not be in accordance with the quality promised by the seller. This study aims to analyze the implementation of Law No. 8 of 1999 concerning Consumer Protection in protecting buyers from non-conformities in the quality of goods and services. The research method used is a normative juridical approach with secondary data from literature reviews and related laws and regulations. The results of the study show that legal protection for consumers has been regulated, but its implementation still needs to be strengthened, especially in digital transactions. This research is expected to provide recommendations for the government and consumer dispute resolution institutions.

Coupled Modeling of Sea Surface Launch Flow and Multi-Body Motion

To simulate the launching process of missile complex flow, movement, and constraint states, a multifield coupling model is put forward based on a computational fluid dynamics (CFD) method. In this coupled model, a CFD method is used to solve the three-dimensional compressible transient flow, and the six-degree motion of the launching platform is considered, and the virtual contact method is used to deal with the constraint states of the guideway and the slider. The active force and moment are applied to the launching platform to simulate its rolling, pitching, and heaving motions under the 5-level waves. Collision detection is carried out through the minimum clearance distance between the slider and the guideway, and the contact force is handled by a modified Herz collision model. In the problem of launching a missile from the water surface, the change characteristics of the flow field, the load response characteristics, and the relative motion laws of the missile and the launching platform during the catapulting process are investigated. The results show that the motion laws of the projectile and the launch tube in the constrained direction are the same, and the established coupling model is able to simulate the launch separation process of the missile in the constrained state. In addition, the effect of wind load on the missile ejection process is analyzed using the coupled model.

Satellite-observed relationships between land cover, burned area, and atmospheric composition over the southern Amazon

Abstract. Land surface changes can have substantial impacts on biosphere–atmosphere interactions. In South America, rainforests abundantly emit biogenic volatile organic compounds (BVOCs), which, when coupled with pyrogenic emissions from deforestation fires, can have substantial impacts on regional air quality. We use novel and long-term satellite records of five trace gases, namely isoprene (C5H8), formaldehyde (HCHO), methanol (CH3OH), carbon monoxide (CO), and nitrogen dioxide (NO2), in addition to aerosol optical depth (AOD), vegetation (land cover and leaf area index), and burned area. We characterise the impacts of biogenic and pyrogenic emissions on atmospheric composition for the period 2001 to 2019 in the southern Amazon, a region of substantial deforestation. The seasonal cycle for all of the atmospheric constituents peaks in the dry season (August–October), and the year-to-year variability in CO, HCHO, NO2, and AOD is strongly linked to the burned area. We find a robust relationship between the broadleaf forest cover and total column C5H8 (R2 = 0.59), while the burned area exhibits an approximate fifth root power law relationship with tropospheric column NO2 (R2 = 0.32) in the dry season. Vegetation and burned area together show a relationship with HCHO (R2 = 0.23). Wet-season AOD and CO follow the forest cover distribution. The land surface variables are very weakly correlated with CH3OH, suggesting that other factors drive its spatial distribution. Overall, we provide a detailed observational quantification of biospheric process influences on southern Amazon regional atmospheric composition, which in future studies can be used to help constrain the underpinning processes in Earth system models.

MATHEMATICAL MODEL AND NUMERICAL METHODS OF FILTRATION PROCESSES OF LIQUID SOLUTIONS

Filtration processes of liquid solutions are fundamental in many natural and industrial applications, such as environmental protection, chemical engineering, water purification, and petroleum extraction. This article develops a mathematical model for describing filtration processes and explores various numerical methods for solving the governing equations. The model is based on Darcy’s law, continuity equation, and constitutive relations of liquid solutions in porous media. Numerical methods, including finite difference, finite element, and finite volume approaches, are discussed with applications to various filtration scenarios. We also provide analysis of the stability, convergence, and efficiency of these methods.

Three-phase lag model for thermal conductivity of a thermo-viscoelastic porous medium

This paper investigates the propagation of waves and the thermal behavior in a thermo-viscoelastic porous medium using the three-phase-lag (TPL) model which accounts for phase lags in the heat flux vector, temperature gradient and thermal displacement gradient. The study aims to capture the interactions between thermal, mechanical, and structural properties of the thermo-viscoelastic porous, isotropic, homogeneous medium. The governing equations, incorporating the TPL heat conduction law and constitutive relations for the viscoelastic porous material, are derived and analyzed. The impact of relaxation times, porosity, and viscoelastic parameters on heat propagation is investigated through analytical solutions by normal modal analysis. Analytical representations of various physical quantities (stresses components, displacements, temperature,…) in the material's domain are derived. These expressions are then assessed numerically for a specific material, with the outcomes depicted graphically. A comparison is made between the predictions of the three-phase-lag (TPL), the dual-phase-lag (DPL) and Lord–Shulman (L–S) theories in the absence and presence of voids.

Problems of the guiltless civil liability of medical workers

The legal regulation of relations in the field of medical services in the Republic of Kazakhstan is dynamic and flexible, and its content complies with modern international standards in the field of human and citizen rights. In these conditions, the main task of the state is to improve legislation regulating civil law relations in the medical field, which is accomplished by increasing the quality of medical care through legal mechanisms to protect the rights of the patient. The problems of application and the possibility of expanding the grounds for guiltless liability in the medical field are relevant, are of great scientific and practical interest, and also considered by the author reasonably and quite timely. The author of the article raises questions that enable medical activity as part of consumer turnover, as well as a source of increased danger, which makes it possible to apply the norms of increased responsibility to relations that are associated with its implementation. The article also substantiates the need to reform the norms on compensation for moral damage in connection with its infliction to the patient, which will ensure the right to protection of infringed civil rights most fully.

뉴욕경찰청의 알고리즘 예측치안 전략의 논쟁점

The purpose of this study is to examine the controversies surrounding the algorithmic predictive policing strategy adopted by the New York Police Department. NYPD is very active in pursuing algorithmic predictive policing strategies, but it is facing a variety of criticisms, including: First, personal information collection activities for predictive security violate the ideology of the Fourth Amendment to the U.S. Constitution, which prohibits invasion of privacy. Second, as the police rely on instructions generated by algorithmic predictions, police operations are becoming dehumanized. Third, the police exercise their police authority intensively against dangerous people or dangerous areas, and there is a risk that these people will eventually be negatively stigmatized and become criminals. Fourth, the police unilaterally exercise police power based on algorithmic predictions, rather than a two-way police service that reflects the needs of citizens or the community. Fifth, the efficiency of algorithmic predictive policing has not been verified, and the problem of contamination of used big data is being raised. Sixth, it is impossible to confirm whether the data provided by the police to private companies is opaque and secure. Seventh, there is the irrationality of Police power being replaced by private companies' for-profit businesses. Eighth, the New York Police Department is subject to monitoring of algorithmic predictive policing through the Local Law in Relation to Automated Decision Systems Used by Agencies and Public Oversight of Surveillance Technology(POST) Act, but the problems remain unresolved. Ninth, the New York Police Department continues to engage in legal disputes with human rights watchdog groups such as the Brennen Center over the non-disclosure of algorithmic predictive security information, losing most cases, raising questions about the legality of big data collection and management.

공공디자인 대상으로서 공공공간의 해석과 적용실태 분석

This study was conducted to diagnose the phenomenon in which the Public Design Act only applies to facilities, supplies, and visual images, while the ordinance includes public spaces, thereby conflicting with the higher law, and to examine the legitimacy of including public spaces as subjects of public design. Accordingly, the history and structure of laws related to public design were confirmed through the website of the National Law Information Center, and the current status of application of public spaces was analyzed from four perspectives: related laws, subjects of application of ordinances, public design projects, and related fields through prior studies and research materials. As a result of the study, the current status of application was diagnosed from the perspectives of ambiguity in legal interpretation, limitations in application of ordinances, characteristics of public design projects, and scope of recognition in related fields, and the conclusion was reached that efforts to revise the law are necessary to include public spaces as subjects of public design.

형사소송법상 ‘피고인이 구속된 때’에 있어서 구속 개념의 해석 및 입법론 - 대법원 2024. 5. 23. 선고 2021도6357 전원합의체 판결

Korean Criminal Procedure Act establishes “when the defendant is in custody” as one of the grounds for appointing a public defender. (Article 33, Paragraph 1(1)) The Supreme Court has traditionally viewed this as a case in which the defendant is detained and on trial in the criminal case in question. It may be reasonably concluded, therefore, that being detained in a separate case or being convicted and sentenced in another criminal case does not qualify as a reason for the appointment. However, in May 2024, the Supreme Court reconsidered its position to include cases where a warrant of arrest has been issued and executed in a separate case or where the defendant has been convicted in another criminal case and is in custody as a result of the execution of the judgment. This artice reviews the decision to reconstruct the contents of its majority opinion, separate opinion, and supplementary opinion by interpreting the legal textual meaning of the concept of restraint, interpreting the purposive meaning, and policy interpretation issues. It will then evaluate them together with related laws and theories, with a view to seeking a legislative solution to the interpretation controversy. While the existing precedents did not present the interpretation arguments in detail, the individual opinions of the judgments indicate that the arguments were based on the stable utilization of the current system and practice on public defenders and the right to counsel, as well as the efficient allocation of judicial resources. There is a difference of opinion as to whether the expansion of the right to counsel and the necessary expansion of the public defender system should be achieved by changing case law or by amending the law. Thus, the author propose the amendment of paragraph 1(1) of the Article 33, “When the criminal defendant is placed under detention”to “When the criminal defendant is placed under custody”.

Administrative Law in the Era of Digital Technologies: New Opportunities for the Saving of Cultural Heritage and Public Education

The rapid development of digital technologies has transformed various aspects of human life, including the save and promotion of cultural heritage. The present article explores the intersection of administrative law and digital technologies in relation to the protection of cultural heritage and public education. The study aims to analyze the role of administrative law in providing a legal framework for the utilization of digital technologies to safeguard cultural heritage, address the challenges arising from the adoption of new technologies, and promote public education on the importance of saving historical values. The article begins by examining the innovative methods employed in the save of cultural heritage, such as virtual museums, augmented and virtual reality technologies, and artificial intelligence. The role of administrative law in facilitating the integration of these technologies into the save process is emphasized, as it provides the necessary legal support and guidance to ensure their effective and responsible use. Next, the article delves into the primary challenges and problems faced by the cultural heritage sector in adopting digital technologies. These include issues related to data privacy and security, intellectual property rights, and the need for harmonization between national and international legal frameworks. The article highlights the importance of administrative law in addressing these challenges and ensuring a balanced approach that respects the rights of all stakeholders. The study then discusses the interaction between technology and law in the context of heritage protection. It analyzes the existing legal frameworks governing the use of digital technologies in the cultural heritage sector and identifies areas for improvement and potential legal developments. The role of administrative law in facilitating international cooperation and collaboration in the save of cultural heritage is also explored. Finally, the article presents an overview of the prospects for the development of digital cultural heritage management. It outlines the potential benefits of integrating digital technologies into the save process, such as increased accessibility and awareness of cultural heritage, as well as the opportunities for public education and engagement. The article concludes by emphasizing the crucial role of administrative law in ensuring that the digital transformation of the cultural heritage sector is carried out responsibly and sustainably.

FROM DISCRETION TO EXPERT JUDGEMENT: RECASTING SEDIMENTED CONCEPTS IN ADMINISTRATIVE LAW

Abstract This article re-examines the traditional account of administrative decision-making under wide conferrals of statutory power. The received wisdom in such cases is that public officials exercise “discretion”, usually defined as freedom of choice. Based on a doctrinal study of the English planning system and related case law, this paper contends that the notion of discretion as choice obscures one of the defining characteristics of modern government. That is, the making of public decisions tackling practical problems with intelligent and expert judgement under legal standards set out in legislation and further developed by the courts. More widely, the paper discusses the foundational role of tacit knowledge and decision-making expertise in public administration.

Modified Low-Field NMR Method for Improved Pore Space Analysis in Tight Fe-Bearing Siliciclastic and Extrusive Rocks

Abstract Understanding the filtration and storage properties of tight reservoirs is crucial for efficient resource exploitation, particularly in unconventional formations. This study presents two low-field nuclear magnetic resonance (LF-NMR) techniques: standard cut-off and modified differential approaches combined with mercury injection capillary pressure (MICP) and X-ray diffraction (XRD) studies to evaluate porosity and pore size distribution (PSD) in such formations. The differential technique involves subtracting the dry sample signal from a 100% water-saturated one, allowing the chemically bound water compound to be eliminated and facilitating PSD analysis. Through the application of the percolation theory, we established a power–law relationship between LF-NMR transverse relaxation time (T2) and MICP pore-throat diameter, enabling the derivation of PSD and pseudo capillary pressure curves. Our methodology was validated on a sample set representing tight sandstones, conglomerates, and extrusive rocks with high clay and iron mineral content, demonstrating the superior accuracy of the modified differential method in estimating effective porosity and absolute PSD in comparison with the standard approach. While the use of the percolation theory in PSD conversion was successful for rocks with unimodal distributions, it often failed for rocks with larger voids. The study also revealed that the relationship between the LF-NMR transverse relaxation times and MICP pore sizes is both nonlinear and challenging to describe with a universal equation, especially in the presence of para- and ferro-magnetic elements in the rock matrix. Despite obstacles to the complete elimination of the influence of these minerals on the T2 distribution, employing the modified differential LF-NMR method significantly mitigated this effect and offered a precise and noninvasive way of characterizing the petrophysical properties of tight reservoir rocks. Consequently, our studies offer a significant step toward a more precise assessment of pore structures in unconventional reservoirs that could be translated into more efficient strategies for locating geothermal heat and hydrocarbon resources.

Affecting Factors on Police Body-Worn Camera

Previous studies related to police body-worn cameras have discussed legal and institutional problems and issues that may cause when police officers use them at the scene. In recent years, there has been a possibility that their use will be further expanded due to the revision of related laws after the test project of the police body-worn cameras is closed. This study empirically analyzes the differences among the socio-demographic characteristics of field police officers' perceptions of police body-worn cameras using two variables: citizen/resident reaction and general perception. As a result of the research, differences are identified in the variables of citizens/residents reaction according to the socio-demographic characteristics such as age and rank of the survey subjects. On the other hand, there is no difference in general perception variables according to the socio-demographic characteristics. Based on the results of the study, domestic and international research results are different on citizen/resident reactions, and this study also suggests future discussion directions in that they differ from some socio-demographic characteristics of citizen/resident reactions. This study also differs from existing studies in that no difference is identified in general perception by the socio-demographic characteristics. Through these findings, this study suggests the expansion of empirical research related to police body-worn cameras.

플랫폼 노동자의 근로권에 관한 헌법적 검토

Platform work has emerged and spread due to fundamental changes in the economy and labor environment and the avoidance of direct employment. Platform work refers to “paid labor provided through a digital platform that brokers work to an unspecified number of people and coordinates the labor provision process through algorithms,” and its types include local-based and web-based. The right to work, a fundamental right under the Constitution, is embodied in individual labor relations laws, including the Labor Standards Act, and the recognition of worker status under the Labor Standards Act is the gateway to exercising the right to work in practice. However, platform workers were not envisioned when the Constitution stipulated the right to work and the Labor Standards Act was enacted, and it is not easy for them to be recognized as employees under the Labor Standards Act based on the current Labor Standards Act and case law. Platform workers are essentially the same as traditional employees in that they earn their livelihood through paid labor, and therefore need constitutional protection. However, there are a number of other aspects that distinguish platform workers from traditional employees that need to be considered. The spectrum of platform workers is very diverse, and it may be appropriate to vary the approach according to the degree of dependency. Platform workers with strong dependency, which is a marker of traditional workers, should be recognized as employees under the Labor Standards Act, while platform workers with weaker dependency should be categorized as a third type. However, it is not appropriate to include them in the category of ‘persons in special types of employment’, which require full-time and permanent status and are gradually being replaced by the concept of labor providers. Regardless of their legal status, platform workers should be guaranteed minimum universal rights as workers.