Sanction Mechanisms Research Articles

Study on the Implementation Mechanism and Improvement of the Anti-Foreign Sanctions Act

Study on the Implementation Mechanism and Improvement of the Anti-Foreign Sanctions Act

И Н С Т И Т У Т В О З В РАТА А К Т И В О В К А К И Н С Т Р У М Е Н Т Р Е А Л И З А Ц И И С А Н К Ц И О Н Н О Й П О Л И Т И

Th e article analyzes the transformation of Asset Recovery in the new round of sanctions against the Russian Federation. Authors are viewing Asset Recovery through the prism of economic sanctions. Th e article briefl y describes the history and develop- ment of sanctions mechanisms as well as the evolution of Asset Recovery. Th e authors come to conclusion that Asset Recov- ery originally created as Anti-Money Laundering component has evolved over time into an independent institution of state economic security and became an instrument for implement- ing political decisions. In the context of dramatically increased economic pressure on Russia all components of the Asset Re- covery System: the regulatory framework, combination of State bodies, the system of inter-agency and international relations etc. are being transformed.

Impact of counter-sanctions on agricultural production in Russia

The problem of the effectiveness of the sanctions mechanism in the modern world is acute. Currently, Western countries have introduced six packages of sanctions against the Russian economy. However, not all types of sanctions are negative for Russian enterprises. Food counter-sanctions introduced by Russia in 2014 had a positive impact on agricultural production in the country. Thanks to them, to a large extent, it was possible to eliminate the negative consequences of the 1990s. in agriculture. The purpose of the study is to determine the impact of counter-sanctions on agricultural production in 2014-2019. As part of this work, it is necessary to solve the following tasks: - determine the change in the volume of agricultural production in 2014-2019 in the conditions of the Samara region; - to analyse the change in the system of state support for agricultural production; - to identify factors that affect the performance of agricultural producers. During the period of counter-sanctions (even with a decrease in the amount of state support), it was possible to increase crop yields, put unused arable land into circulation, and renew the machine and tractor fleet of agricultural enterprises).

Legal Framework for the Regulation of Sanctions Measures in the European Union

The subject of this article is the legal basis of the mechanism for the adoption of sanctions (restrictive measures) within the European Union. The author traced the evolution of the application of sanctions since the creation of the European Economic Community (1957) to the present day, analyzed the relevant sections of the most important constituent acts of the EU and considered the features of the EU sanctions mechanism at the present stage. In recent decades, the practice of applying political and economic sanctions has significantly expanded in the system of international relations. At the same time, if earlier the initiator of international restrictive measures was usually the UN Security Council, now the world is dominated by unilateral national sanctions adopted on the basis of domestic political and legal norms. Somewhat apart in this process are the countries of the European Union, which are guided by collective sanctions measures approved within the EU. The purpose of this article is to study the specifics of the EU sanctions policy, to determine the legal nature of collective sanctions, as well as their compliance with the current principles and standards of modern international law. In the course of the evolution of the European Union as a subject of international legal relations, a special place was given to the formation of the common Foreign and Security Policy of the EU. The author comes to the conclusion that the gradual transformation of an economic association into a political union has led to the need for a unified coordinated policy in the international arena. According to the author, at the present time, the sanctions measures of the European Union have become an integral part of the PRSP, strengthening its role and importance as an important chain in the system of international relations. At the same time, the EU, not having its own armed forces, increasingly considers collective sanctions as an instrument of its political and economic influence in the world. The novelty of this study lies in the consideration of the EU sanctions mechanism from the point of view of the formation of a single common foreign policy of this supranational union.

A Theological-Ethical Study of Church Against Corruption

In this paper, the author conducted a theological-ethical study of the Church's role against corruption. The research method in this article uses a descriptive qualitative study method with a library research approach. The practice of corruption is an act that is contrary to the will and character of God. If the behavior of corruption is not resisted, then corruption seems to be a natural act and is no longer seen as an act of crime and sin. The Church, as a religious institution, is also responsible for fighting corruption in Indonesia and providing a formula that can support minimizing corruption that occurs in the life of the nation, society, and Church. The Church plays an essential role in fighting corruption as an agent of change to raise awareness in the community that corruption is a sin and an act against God's will. The role of the Church is significant in fighting corruption by strengthening the sanction mechanism in church administration, supporting anti-corruption programs in the Church, and minimizing the inclusion of a hedonic lifestyle in the lives of church members. It is hoped that through internal control measures in the Church, corruption can be minimized amid the Church and public life in general.

Workplace violence and its associated factors among nurses working in public hospitals of eastern Ethiopia: a cross-sectional study

BackgroundWorkplace violence is one of the global health concerns. Although nurses are the backbone of the health care provision, they are highly subjected to workplace violence in healthcare. Nevertheless, there is a paucity of evidence on the extent of workplace violence against nurses in Ethiopia in general and Eastern Ethiopia in particular. Hence, this study aimed to assess the extent of workplace violence against nurses and its associated factors among nurse professionals working at public hospitals in eastern Ethiopia.MethodsHospital-based cross-sectional study was conducted among 603 nurses working in public hospitals in eastern Ethiopia. Nurses were recruited using a simple random sampling method at their workplace (health facilities). A pretested self-administered questionnaire was used to collect data. Descriptive, binary and multivariable logistic regression analyses were performed. The adjusted odds ratio (AOR) with a 95% confidence interval (CI) was used to declare significant association.ResultsAmong the 620 estimated sample, 603(97.3%) of the nurses gave consent and completed the self-administered questionnaire. The prevalence of workplace violence against nurse professionals in the last 12 months was 64.0% (95%CI: 60.2–67.7%). Nurses who were working in surgical (AOR: 2.30, 95%CI: 1.01–5.26), psychiatric (AOR: 3.06, 95%CI: 1.11–8.46), emergency (AOR: 3.62, 95%CI: 1.46–8.98), and medical wards (AOR: 5.20, 95%CI: 2.40–11.27); being worried of workplace violence (AOR: 1.71, 95%CI: 1.09–2.69); witnessed of physical workplace violence (AOR: 5.31, 95%CI: 3.28–8.59); claimed “absence/not-aware” of reporting procedure on workplace violence (AOR: 2.24, 95%CI: 1.45–3.46); and claimed “absence/not-aware” of institutional policies against workplace violence (AOR: 2.68, 95%CI: 1.73–4.13) were factors associated with nurses’ experience of workplace violence in eastern Ethiopia.ConclusionsWorkplace violence against nurses was found to be unacceptably high in the study area (eastern Ethiopia). We suggest that stakeholders could work on early risk identification and management of violent incidents, establish violence reporting and sanction mechanisms using contextual strategies to prevent workplace violence against nurse professionals.

MEASURES TO SUPPORT FOR THE RUSSIAN ECONOMY AND POSSIBLE MACROECONOMIC CONSEQUENCES UNDER SANCTION PRESSURE

The relevance of the research has been substantiated. Russia has faced extraordinary economic circumstances. Russia is under unprecedented external pressure from a wide range of economic sanctions. In this connection, there is an objective need for a systematic analysis and forecasting of measures taken to support the Russian economy. The purpose of the research is to study measures to support the Russian economy and identify possible macroeconomic consequences of sanctions. In the research such methods of modern scientific knowledge as analysis, synthesis, induction, abstraction have been used. This article discusses the main directions of the anti-sanctions plan of the Russian Government, such as tax incentives, subsidies and the weakening of state control. The current price situation has been considered. The financial measures taken by the government to ensure the stability of the economy and support citizens in the condition of sanctions, as well as tax support measures have been considered. The possible results of the measures taken have been indicated. Some results of the forecast for the Russian economy made by S&P Global Market Intelligence have been presented. In addition, these data are compared with the first macroeconomic consensus forecast of the Bank of Russia since the expansion of Western sanctions against Russia and the extension of blocking to the reserves of the Central Bank itself. The author's presentation of the macroeconomic mechanism of sanctions has been augmented.

‘Enforcement of Custody and Contact Orders: Considerations in the Framework of Comparative Law and the Changes Brought by Law No. 7343'

Çocuk teslimi ve çocukla kişisel ilişki kurulmasına dair mahkeme kararlarının yerine getirilmesi, Türk yasa koyucusunun getirmiş olduğu yeni değişiklikler nedeniyle oldukça güncel bir konudur. Çocuk teslimi ve çocukla kişisel ilişki kurulmasına ilişkin mahkeme kararlarının yerine getirilmesine ilişkin sistem 7343 sayılı Kanunla değişmiştir. İcra İflas Kanunu hükümleri çerçevesindeki, uzun zamandır yoğun eleştirilere uğrayan uygulama sona ermiş; Çocuk Koruma Kanunu’na ve Türk Medeni Kanunu’na eklenen yeni hükümler uyarınca çocuğun üstün yararını daha iyi gözetmesi hedeflenen yeni bir sistem geliştirilmiştir. Çalışmamızda mevzuat değişikliğine duyulan ihtiyacın gerekçesi ve yeni sistemin ortaya çıkış süreci ele alınmıştır. Türk hukukunda geliştirilen sisteme ışık tutması amacıyla, yabancı hukuklarda konunun yasal düzenlemeler ve uygulama bağlamında nasıl ele alındığına; ülkeden ülkeye çeşitlilik arz etmekle birlikte, öngörülen tedbir ve yaptırım mekanizmalarına yer verilmiştir. Son olarak 7343 sayılı Kanunun getirdiği değişiklikler ele alınmıştır. Yeni sistemin genel itibarıyla olumlu yönleri olmakla birlikte, sistemin çocuğun üstün yararının korunmasında ne derece etkin olabileceğinin ancak gelişen uygulamayla sağlıklı değerlendirilebileceği düşünülmektedir.

Inter-temporal decisions, optimal taxation and non-compliant behaviors in groundwater management

A sizable part of the water extracted is unauthorized. This phenomenon may contribute to exacerbate the problem of groundwater over-exploitation. To consider both issues, we study the interaction between the water agency and farmers through a leader–follower differential game in which both agents are perfect foresight. Since the farmers have to pay a tax on individual withdrawals imposed by the water agency to manage the groundwater, illegal behaviors may arise to save this cost. However, if discovered, the farmers are punished with an administrative sanction. The game is solved using feedback Stackelberg solution. Moreover, to enrich the model’s policy suggestions, we also consider an alternative context in which farmers can adopt a trigger strategy. Finally, we perform numerical simulations based on the western La Mancha (Spain) aquifer data to better understand both the analytical results and the effects of the sanction mechanism on non-compliant behaviors.

Taxonomy for Transparency in Non-Financial Statements – Clear Duty With Unclear Sanction

Abstract The updated Directive 2013/34/EU brought a legal duty for large undertakings in the EU to include in their management report a non-financial statement. Considering the UN Agenda 2030, the European Green Deal and Action Plan on Financing Sustainable Growth, there was enacted Regulation (EU) 2020/852 aka Taxonomy Regulation which adds to this reporting duty the information about the environmental sustainability of the economic activities. What does it mean? Who, when and what must disclose and what are the sanctions for that? EU businesses and their stakeholders need answers to these four questions in order to satisfy their legal duty as well as to boost their effectiveness, efficiency and legitimacy. A holistic deep content, comparative and contextual analysis with a teleological interpretation is performed and rather surprising answers along with more general observations about EU law and EU policies are proposed. A duty to defined subjects is imposed, but the sanction mechanism is missing.

Prospects for a UN Security Council IIS Sanctions Mechanism

Prospects for a UN Security Council IIS Sanctions Mechanism

Antisemitism as a football specific problem? The situation of Jewish clubs in German amateur sport

Despite the undisputed existence of antisemitic incidents in sport, little is known about their exact prevalence and forms of manifestation. Also in Germany, physical and verbal attacks against Jewish sports clubs have repeatedly come to light. To estimate the prevalence of antisemitic incidents in German grassroot sports, a standardised online survey was conducted among members of Jewish sports clubs in Germany (N = 309, data collection 3 November 2020 to 24 January 2021). Results show an accumulation of cases in football: more than two-thirds (68%) of the football players have experienced an antisemitic incident at least once, while the share in other sports is only 14%. The results indicate that football offers a particularly large number of constellations that lead to the expression of antisemitic patterns. At its core, football is shaped by a clash of group identities. It is widely accepted that opponents and their supporters are devalued through aggressive and emotionalized behaviour. A tendency towards underreporting can furthermore be observed in dealing with the incidents, among other reasons due to a significant proportion of those surveyed do not trust the sanction mechanisms of the sports associations – this in turn applies to footballers and non-footballers.

When are governmental blaming strategies effective? How blame, source and trust effects shape citizens’ acceptance of EU sanctions against democratic backsliding

ABSTRACT Under what conditions do citizens consider external sanctions against their country to be appropriate? Based on the literature on blame shifting, we argue that citizens should become less likely to support external sanctions if their government defends itself, especially if it seeks to shift the blame to the external actors (blame effect). However, this effect may be moderated by which actor identifies and claims the norm violation (source effect) and by whether citizens trust their government (trust effect). We test our expectations by conducting a survey experiment on EU sanctions against democratic backsliding in six countries (n = 12,000). Our results corroborate the blame and source effects, but disconfirm the trust effect. These findings have important implications for the literatures on blame shifting and external sanctions as well as for how the EU and other International Organizations should design their sanctioning mechanisms.

PENETAPAN PEMBIAYAAN LEASING SYARIAH DI FIF KOTA METRO PERSPEKTIF HUKUM EKONOMI SYARIAH

Indonesia's financial development is also marked by the diversification of financial products, namely by the emergence of non-bank financing institutions that can be used as alternatives to meet the community's needs for the desired financing. The development of non-bank financial institutions that offer various forms of financing facilities will further expand the provision of alternative financing for the business world and the needs of the Indonesian people in the Indonesian economic system. This study aims to determine the determination of Islamic financing and the mechanism of sanctions for late payments at the Metro City FIF. This type of research is field research (field research). While the nature of this research is descriptive. The data sources used are primary and secondary data sources. Data was collected using interview and documentation techniques. The data from the findings are described descriptively and analyzed using inductive thinking.
 The results of this study indicate that the determination of Islamic financing in the Islamic system is not known as the interest system as an instrument to obtain profits for the company. Because basically sharia financing in conducting business transactions uses a sale and purchase contract or known as murabahah, which is a contract used to procure an item by confirming the purchase price to the buyer and the buyer pays it in installments at a higher price as profit. The Sharia FIF mechanism if the consumer is unable to pay the installments then the goods will be withdrawn and resold. So that the FIF Syariah does not pay attention and even tends to eliminate the risk aspects that will be encountered when the customer/consumer occurs in the event of a delay in payment

Penalization of genetic crimes

This article contains a comprehensive study of the content of structural and functional nature of criminal sanctions in the theoretical modeling of responsibility for genetic crimes. The authors analyze the factors which underpin the criminal law sanctions for these crimes, as well as their importance for the legislative and law enforcement practice.
 The article formulates scientifically grounded definition of criminal sanctions and reveals their logical connection and interdependence focused on the crimes of genetic nature. The article covers the creation of a impact mechanism of criminal sanctions on the qualification of crimes in the genetic engineering industry.
 The article provides recommendations for improvement of the criminal sanctions system in this sphere. This position is determined by the fact that one of the most important elements of law policy is penal policy, which defined the general principles, main directions and further perspectives of criminal law protection of the most valuable social relations from criminal invasions. The research was funded by the Russian Foundation for Basic Research (grant project No. 18-29-14028 The Project of Criminalizing Actions in Human Genome and Other Organism Research).

ТРАНСПОРТНА ЛОГІСТИКА ЯК ФАКТОР ЗАБЕЗПЕЧЕННЯ ЗОВНІШНЬОЕКОНОМІЧНОЇ ДІЯЛЬНОСТІ ВІТЧИЗНЯНИХ ПІДПРИЄМСТВ

Due to the active development of international cooperation, the issues of optimizing the process of planning and organizing the international delivery of goods and resources to the final consumer, in other words, the need for efficient transport logistics is growing. The purpose of the study is to determine the problems and prospects of transport logistics using in the foreign economic activity of domestic enterprises. Transport is one of the most important sectors of the Ukrainian economy. The share of transport services is quite significant in the structure of foreign trade of services in Ukraine. Exports of transport services in 2020 amount to 4.88 billion dollars, which is 43.7% of total exports of services. Imports – is 1.01 billion dollars (19.5%). Modern conditions of the freight market are characterized by increased competition, reduced profits, increased and emerging new requirements for the quality of services provided. Market conditions are becoming increasingly difficult for logistics and freight forwarding companies. The dynamics of cargo turnover and cargo transportation by types of transport in Ukraine has been studied and the tendency to decrease the volume of cargo turnover in recent years has been revealed. Features of transport and logistics services are considered. It is noted that the transport and logistics support of foreign economic activity should be aimed at: assessing the system of transport and logistics services for compliance with customer requirements, the structure of transport demand, based on market trends; determination of specialized transport and logistics needs, status and dynamics of demand for logistics services; study of the system of organizational and economic interaction of participants of specialized transport and logistics services of cargo transportation of enterprises. Perspective ways of improving domestic transport logistics in the field of foreign economic activity are identified, including: ensuring safe operation of transport; improving the mechanism of sanctions for violating safety rules in transport; improving energy efficiency of vehicles; optimization of multimodal logistics schemes operation; efficient use of logistics infrastructure through improved transportation management, warehousing and information systems.

The role of US financial institutions in the international economic sanctions mechanism

The scope of the sanctions regime imposed by the United States against countries and entities has expanded with the imposition of the Office of Foreign Assets Control of the US Department of the Treasury (OFAC), and the impact of these sanctions imposed by the United States made a clear challenge, as it prevented countries, entities and individuals from formally accessing global financial networks, which led to Vibration of financial systems and threatening the economic system of countries and entities, which achieves American hegemony without returning to the use of international law and the use of the UN Security Council, which caused the decline of the influence of the international authority represented by the United Nations.

PROSPECTS FOR THE COMMERCIAL OPERATION OF NORD STREAM 2

In early September 2021, the construction of the Northern stream – 2 рroject (NS-2) was completed. Its operator, Nord Stream 2 AG, has submitted documents for certification of the gas pipeline. The Federal Network Agency of Germany (BNetzA) is responsible for this process, which refused to grant the SP-2 operator an independent status. In November 2021, the German regulator agreed with him on the need to create a subsidiary in the Federal Republic of Germany. It must meet the requirements of German legislation and the Third Energy Package of the European Union. Contrary to the optimistic forecasts of experts and the expectations of Gazprom, the start of commercial operation of the project was postponed to 2022. BNetzA’s decision coincided with the adoption of the next US sanctions against the SP-2 participants and the creation of a new government coalition in Germany. Opponents of the project from the Union 90 / Greens party entered the new cabinet of ministers. The SP-2 is not mentioned in the coalition agreement that defines the future relations of Germany with the Russian Federation. The author, based on the analysis of original sources, examines the reasons for the delay in project certification; its role and place in the strategy of the new German cabinet of ministers; assesses the prospects for the start of commercial operation of the NS-2 in the context of continued opposition from Poland and Ukraine, as well as American sanctions mechanisms and confrontation in this matter from the US Congress and the President.

Crimes of animal cruelty in Poland: Case studies

There has been a trend in recent years towards expanding welfare measures for animal protection. In Poland, criminal law punishes a wide range of behaviour, from torturing animals to not providing proper living conditions or necessary veterinary care. Animal welfare and anti-cruelty rules are enforced by special monitoring and sanction mechanisms at both national and regional levels. This is reflected in the growing number of recorded cases of animal cruelty. Nonetheless, the offenders are rarely prosecuted, and even when they are, they seldom face severe penalties. Animal cruelty prosecutions are hindered by a delayed response from law enforcement agencies, as well as investigative failures and errors in collecting evidence.

A qualitative analysis of the Russian cryptomarket Hydra

Hydra is regarded as the largest Russian-language online marketplace for illicit goods with no less than four million Euro of annual revenue. In this paper, we provide a qualitative analysis of the unique organization of the Hydra cryptomarket. The theoretical framework for this study draws on information asymmetry and assumptions of signaling theory. Data collected include longitudinal parsing and non-participant observation from 2019 to 2021. Hydra is a monopolistic marketplace with no alternatives of the same scale in Russia, and exhibits considerable differences with regard to international cryptomarkets. In the analysis, we present the three themes: physical stashes, formalized rules, and the architecture of the Hydra market. Contrary to the reliance on the postal system for delivering drugs internationally, Hydra introduces a novel delivery method called stashes, which puts buyers at higher risks to get caught by law enforcement agents and make them more “active” in obtaining drugs. Buyers not only have to choose and pay for drugs; they also need to go out in the streets and personally look for their purchased stuff. While elaborated formalized rules enabled by strong sanctioning mechanisms (e.g., fines) cover every possible aspect of interaction connected to the marketplace usage, a multilayered platform architecture allows for the emergence of complex hierarchies and segregation between users. Hydra also provides automatic services related to drug selling (instant purchases, non-mediated disputes, etc.). In addition, personal communications between actors are confined by the architecture, so that visible public communications give buyers the only substantial grounds for decisionmaking. These findings raise questions considering the role of credibility signals, asymmetry of information, and formalized rules in resolving issues of product quality, stable exchange processes and communication processes.