Statute Of Limitations Research Articles

High-Rise Construction in Densely Dwelled Cities: Requirements for Premises Insolation and Consequences of their Violation in Russian Law and Jurisprudence

The issues of constructing high-rise, primarily residential, buildings have a great social significance. Not every plot of land, acquired in the Russian Federation is suitable for high-rise construction. Therefore, every construction company that plans to erect a multi-apartment building, a high-rise office building, or a skyscraper must take into account not only technical norms but as well sanitary legislation regulations that set obligatory requirements about insolation of apartments. The article includes a short study of several norms in the Russian legislation regarding insolation of dwellings; analises the problems of judicial interpretation of the statutory limitations. In this aspect it researches the debatable questions arising in practice of state arbitration courts dealing with the lawsuits on allocation of land-plots by the local administration. The analysis of the judicial practice is followed by description of the difficulties facing the developers of land-plots, concerning the project and territorial planning documentation.

Determinants of choice in the form of conducting municipal economy by local government units

Objectives: This paper aims to address a problem that includes the managing of the municipal economy by local government units (LGUs). The research issue raised regarded, in particular, the rules and organisational-legal norms for managing a municipal economy. Its expression is the posed hypothesis according to which what matters significantly for LGUs in the choice of form for conducting a municipal economy is both the character of the task as well as whether this form is recognised as a subject of the public finances sector, and, what follows, whether its indebtedness is subject to statutory restrictions and influences the financial situation of LGUs. Research Design & Methods: To verify a hypothesis formulated in such a way, firstly theoretical and legal aspects of managing a municipal economy by LGUs have been put forward. Next a comparative analysis for forms of managing a municipal economy by LGUs was conducted, i.e. a local self-government budgetary establishment and a municipal company, and the most significant characteristics of the discussed forms, as well as their effects being a result of their choice by LGUs, were indicated. Comparative and descriptive analysis has been used in this paper; it included analysis of financial data regarding the management of a municipal economy by LGUs, but in strict correlation with institutional and legal conditions for the realisation of public tasks and their conditioning. Findings: As a result of the research conducted, it has been concluded that changes taking place in the scope of forms of managing a municipal economy point towards more and more common tasks realised by LGUs both in the field of public utility as well as outside of the public utility zone in the form of commercial law companies. Contribution: Basic kinds of risks associated with the realisation of tasks by the budgetary establishment and municipal company have also been defined. Moreover, research results show that possibilities for such a wide operation result first and foremost from imprecise legal regulations, which are at the same time the only source of risk associated with the operation of such companies.

Foreign Investment Access and the Services Industry - Quantitative Policy Analysis for the Philippines

The report investigates the impact of regulatory barriers to FDI entry in services, with emphasis on ASEAN countries and the Philippines in particular. A structural gravity model quantifies how large the impact is of different types of regulatory barriers and other business costs on the volume of bilateral FDI entry. This analysis is data-intensive, using information on bilateral FDI patterns between 230 countries, based on a unique database that covers the period 2001 to 2016.The analysis has made it possible to distil a quantitative indicator for the relative costs of doing foreign direct investment in each country, an indicator that also varies over time. The indicator (inward multilateral resistance terms) compares the relative cost of doing FDI in a particular country, compared to all other countries. The world market for FDI funds is thus regarded as a closed system of communicating vessels: FDI policies in one place of the world affect the relative FDI attractiveness of all other countries. The size of the `ripples' that policy changes in any country send through the system depends on the size of its economy. For a particular country this provides exceptionally policy-relevant insights, because it allows to quantitatively evaluate how a particular policy affects inward FDI. And this can be done for any sub-sample of countries. In the case of the Philippines we have used the sample of ASEAN countries as the main reference group. Special attention is given to the role of statutory restrictions on foreign equity participation. The study investigates how current Philippine policies affect the magnitude and pattern of inward FDI stocks, and particular attention has been given to test the impact of the OECD FDI Restrictiveness. FDI in the Philippine services industry is underdeveloped, and the government considers to lift or alleviate existing restrictions on foreign equity participation in services industries. Some 60% of the incoming FDI flows now go to manufacturing, utilities, real estate and financial services industries, while hardly any FDI is attracted in the area of knowledge-intensive business services, transport, telecom, and primary industries. To attract more FDI in the future-important services industries, and move away from the current low-quality and vulnerable FDI jobs in global manufacturing value chains, a structural reform will be necessary, according to the Philippine Development Plan 2017-2022. We have used our quantitative results to design and quantify four reform scenarios and compare the results with the current Development Plan. Four potential reform packages were composed that differed along two dimensions: feasible versus ambitious, and short-term versus medium-term. The feasible policy targets were derived from the average performance of the nine other ASEAN countries. The ambitious policy targets were derived from the 'best practice' performer among the ASEAN countries, which differs by policy variable. The report concludes that the four FDI policy reform packages will not be enough to accomplish a structural change in the Philippine economy. Despite differentiated FDI growth rates per industry, it remains growth from very small initial FDI magnitudes in some industries. So, the overall changes will at best be modest in terms of shifts between industries. The bulk of new FDI jobs after the reform will most probably again be found in the traditional industries, with a particular strong role for GVC-oriented, low-wage manufacturing, while most new services jobs will probably be found mostly in business-support services like call centers. Overall, this study shows that the Philippines is in a good position to attract much more FDI than it is receiving nowadays, by feasible policies that require relatively small policy changes. Structural changes with a strong role for business and connectivity services will require a selective FDI acquisition policy.

The drug discrimination assay: Interpretative value of partial generalization for drug schedule control actions

The U.S. Food & Drug Administration (FDA) has issued a final guidance document on the preclinical determination of abuse potential that must be conducted in animals for all new molecular entities (NMEs) submitted for a new drug application (NDA). Under statutory restrictions government guidance documents serve only as a guide or an expression of the agency's current thinking on the topic. Guidelines do not legally bind the agency or its registrants to any content in the guidance. There are no statutory (legal) descriptions of what study designs or methodology must be submitted to the Drug Enforcement Administration with respect to drug scheduling review. This paper describes the utility of an alternate method used, worldwide, to assess the internal subjective effects of drugs to predict the abuse liability that provides additional information to address the relative aspects of that liability.

Children's exposure to food advertising: the impact of statutory restrictions.

Evidence demonstrating links between exposure to unhealthy food marketing, poor eating behaviours and paediatric obesity has led to calls for regulatory change in many countries, including the UK. However no official monitoring system exists to inform international debate on food advertising policy. This study systematically explores food advertising on UK television in 2010 (post-regulation) and compare this to 2008 (mid-regulation) to assess if food adverts improved in nutritional quality after implementation of regulations. Television was recorded between 6 a.m. and 10 p.m. for one weekday and one weekend day during 6 months of 2010 across 13 commercial television channels popular with children. These data were directly compared with previously published data for 2008. Food and beverages were the third most frequently advertised product type (11.9% of all ads), a decrease of 0.9% from 2008 (12.8%). Non-core food commercials decreased (down 2.2-53.8%) and core food advertising increased (up 0.5-18.6%). Fast food items were the third most frequently advertised food product (15.4%, up 3.5% from 2008). During peak children's viewing times, 17.0% of all commercials were for food, an increase of 4.7% from non-peak children's viewing times and fewer core (-0.9%) and more non-core (+0.5%) foods were advertised at these times. Despite statutory regulation, frequency and balance of food commercials (core, non-core and miscellaneous) remained relatively static over the 2 years. Children are still exposed to high amounts of unhealthy food advertising on television. Continued monitoring of television food advertising remains crucial and policymakers should examine the comparative efficacy of other restrictions.

The Law behind the Law: Rookes v. Barnard [1964], the Common Law and the Right to Strike

By the 1950s, given the scope of the Trade Disputes Act (TDA) 1906, the courts had little role in industrial relations. Hence the importance of the House of Lords decision in 1964 for Douglas Rookes that Alfred Barnard, John Fistal and Reginald Silverthorne had used unlawful means in threatening to strike to secure Rookes’s removal from the Heathrow design office of the British Overseas Aircraft Corporation (BOAC) after his resignation from the Association of Engineering and Shipbuilding Draughtsmen (AESD), because a threat to break a contract of employment came within the tort of intimidation which was unprotected by the TDA’s statutory immunities. Rookes illustrated the relevance of Laski’s view that in labour law the common law is ‘a law behind the law’. It was a harbinger of a new judicial activism that outflanked the TDA’s tort immunities by creating novel common law liabilities, and which in turn strengthened calls for statutory restriction and regulation of industrial action.

Predicting Regulatory Compliance in Beer Advertising on Facebook.

The prevalence of alcohol advertising has been growing on social media platforms. The purpose of this study was to evaluate alcohol advertising on Facebook for regulatory compliance and thematic content. A total of 50 Budweiser and Bud Light ads posted on Facebook within 1 month of the 2015 NFL Super Bowl were evaluated for compliance with a self-regulated alcohol advertising code and for thematic content. An exploratory sensitivity/specificity analysis was conducted to determine if thematic content could predict code violations. The code violation rate was 82%, with violations prevalent in guidelines prohibiting the association of alcohol with success (Guideline 5) and health benefits (Guideline 3). Overall, 21 thematic content areas were identified. Displaying the product (62%) and adventure/sensation seeking (52%) were the most prevalent. There was perfect specificity (100%) for 10 content areas for detecting any code violation (animals, negative emotions, positive emotions, games/contests/promotions, female characters, minorities, party, sexuality, night-time, sunrise) and high specificity (>80%) for 10 content areas for detecting violations of guidelines intended to protect minors (animals, negative emotions, famous people, friendship, games/contests/promotions, minorities, responsibility messages, sexuality, sunrise, video games). The high prevalence of code violations indicates a failure of self-regulation to prevent potentially harmful content from appearing in alcohol advertising, including explicit code violations (e.g. sexuality). Routine violations indicate an unwillingness to restrict advertising content for public health purposes, and statutory restrictions may be necessary to sufficiently deter alcohol producers from repeatedly violating marketing codes. Violations of a self-regulated alcohol advertising code are prevalent in a sample of beer ads published on Facebook near the US National Football League's Super Bowl. Overall, 16 thematic content areas demonstrated high specificity for code violations. Alcohol advertising codes should be updated to expressly prohibit the use of such content.

An unnecessary hindrance? A critical examination of the appropriateness of statutory limitation periods in Stolen Generations compensation claims

This article examines the appropriateness of statutory limitation periods in litigation by Stolen Generations. Stolen Generations are those Aboriginal and Torres Strait Islander children who were forcibly removed from their families by successive Australian governments throughout the twentieth century. This article argues that limitation periods should be removed for three main reasons. First, Stolen Generations often did not have the opportunity to bring actions for compensation against the government due to the nature of the harm suffered. Second, limitation periods simply delay proceedings unnecessarily, because judges will hear these cases ‘on their merits’ before deciding if a claim is statute-barred. Third, failing to remove limitation periods for Stolen Generations litigants presents a double standard when considering they have been waived for other litigants, such as British child migrants.

ДЕРЖАВНЕ РЕГУЛЮВАННЯ ТАРИФНОЇ ПОЛІТИКИ ПІДПРИЄМСТВ МОНОПОЛІСТІВ

The impact of tariff policy of monopoly enterprises to finance corporations and public finances were investigated. Found that the shortcomings of the state regulation of tariff formation, determination of optimal values ​​may lead, on the one hand, to establish excessive tariff and the formation of the financial burden for the enterprises of the real sector and households, on the other hand, for approval understated tariffs and create losses for the company monopoly. Errors in assessing the best possible rates and competitive conditions in the market for one or more of these options pose fiscal risks for the state. The problems of state regulation of tariff policy monopoly enterprises. Statutory limitation component tariff regulation method selection forming rate, method of cost accounting, planning, production costs and cost of goods and services as well as monitoring compliance with these tariffs, targeted use of investment resources, net income included in the rate - are missing or are advisory, optional character. For example, "Ukrains'ka zaliznytsia" analyzes the factors that affect the amount of tariffs for cargo and passenger transportation. The growth rates of the incumbent creates negative makroefekty by raising prices and tariffs of other entities or increased expenditure for losses. The increase in freight tariffs by 30% leading to increased cost of domestic production in the current year (excluding the effect of time lag - higher prices other companies) to: 104.7% in enterprises engaged in mining of metal ores and other minerals and career development 'yeriv; 103.5% in companies with coke and coke; 103.4% in enterprises producing motor vehicles, trailers and semi-trailers; 102.3% - for the production of electrical equipment; 101.2% in agriculture. Total exports of goods and services may decline as production costs increase by 104%. The problems cost planning and cost, as well as suggestions for its improvement. A toolkit of state regulation of monopoly pricing policy.

Statutory limitation periods for claims related to breaches of trust

Statutory limitation periods for claims related to breaches of trust

Rural two-lane highway shoulder and lane width policy evaluation using multiobjective optimization

ABSTRACTLane and shoulder widths are important highway safety factors because wider lanes and shoulders generally help to reduce crashes. In practice however, due to physical limitations of the right-of-way or statutory restrictions, it may be the case that the existing overall width of the roadway (lanes plus shoulders) cannot exceed a certain value. For a given overall roadway width constraint, wider lanes mean there will be smaller space for shoulders, and vice versa. In such zero-sum situations, it is not certain if a cross-sectional configuration with wide lanes and narrow shoulders is safer compared with one with narrow lanes and wide shoulders. Clearly, for a given total roadway width (TRW), the trade-off between shoulder and lane widths should be evaluated in order to maximize the user benefits (safety) without unduly incurring excessive agency life-cycle costs of construction and preservation. The TRW allocations to the lane and shoulder, expressed as the ratio of lane width to shoulder width, will generally depend on the TRW; lane and shoulder pavement material types and costs; and traffic volume, among other factors. In order to optimize the lane and shoulder width allocations for a given TRW, this paper proposes a framework that formulates the problem as an optimization problem with the objective of minimizing the total (agency and user) life-cycle cost of the roadway. First, the relationships are established between lane/shoulder widths and the resulting user costs (crashes), and also between lane/shoulder widths and the associated agency costs of lane/shoulder construction and preservation. The sensitivity of the optimal solution to different evaluation inputs (such as the relative weights between the agency and user costs) is also analyzed. Using the developed framework, the paper presents a number of decision support charts that can be used by highway agencies to determine the optimal lane and shoulder widths under a given set of conditions including the highway functional class and the total available roadway width. The flexibility of the proposed optimization framework to accommodate risk compensation effects was also demonstrated.

Evolution of an Erosion

This article critically examines the development of statutory restrictions on the common law right to silence in the UK, providing insight from common law, jurisprudence and historical legal contexts, and considering the broader context of the privilege against self-incrimination, and critically evaluates the development restriction of the right, by ss 34–38 of the Criminal Justice and Public Order Act 1994.

INDIAN REGULATIONS ON ETHICS AND THEIR IMPACT ON COURT CASE BACKLOGS

The paper aims to explore the role of ethics regulations on the backlog of cases in the state of Uttar Pradesh, India. There, there are many local practices which hinder the disposal of cases in the courts. The paper examines several, beginning with the theoretical training in ethics at the law schools and its impact in practice. The paper then explores the legal status of strikes and how they are conceived by lawyers in delaying the disposal of cases. Next it deals with adjournments in the courts and unravels the myriad frivolous reasons cited in seeking adjournments, as well as how, despite statutory limitations, courts succumb to the pressure of the Bar in granting them. The author echoes concern for creating transparency, efficiency and a system that inspires integrity, and argues for the need to rethink and redesign the whole system and create independent tribunals to enquire into lawyers guilty of professional misconduct.

Constitutional Basis for the Restriction of Human and Civil Rights and Freedoms

This article discusses the constitutional basis for the restriction of human and civil rights and freedoms in the Russian Federation. The author considers the line between lawful restriction of rights and freedoms and the actual denial. The work justifies the idea that restrictions should be set by the legislator not arbitrarily, but based on the Constitution, its principles of Justice, equality and proportionality. The work examines international instruments on the subject, the laws of the Russian Federation, Rulings of the Constitutional Court of the Russian Federation. The author outlines and examines a group of restrictions caused by the peculiarities of the legal status of certain categories of persons, the so-called "professional" restrictions. He also analyses the statutory limitations in the implementation of passive and active citizens suffrage. In addition, the restrictions of human and civil rights, and freedoms in a state of emergency are discussed. Through the introduction of state of emergency, the temporary concentration of all control levers of all coercive means in the framework of official authorities is possible. At the same time, the Constitution and the Federal Constitutional law provides two important safeguards to prevent misuse of the emergency regime. First, a compulsory consent of the Federation Council on the imposition of a State of emergency is an important requirement. Secondly, (ch. 3 art. 56) of the Constitution of the Russian Federation provides for important rights of a citizen, which shall not be restricted under any circumstances. These are the rights and freedoms: to life; the dignity of the individual; privacy; the right to protection of personal data; freedom of thought, conscience and religion; freedom of entrepreneurial and other legal economic activities; the right to housing; the right to judicial protection, the right to an effective remedy by the competent national tribunals, legal aid, the presumption of innocence, the right to justice, humanism, right to protect the interests of victims, on the application of the existing law. The article proves that, despite the diversity of scientific opinions, the goal of the State is the adoption and promotion of the rights and freedoms of man and citizen as a fundamental priority of the idea expressed in the Constitution of the Russian Federation.

Unaccompanied and Separated Children in South Africa: is Return the Only Option?

Despite recent legislative amendments aimed at stricter border control, migration by undocumented migrants, including unaccompanied and separated children, continues to occur. Once in South Africa, no mechanism exists for the identification or registration of undocumented migrant children. Due to statutory restrictions, the births of children born to undocumented foreign parents in South Africa are not recorded. Therefore, the presence of unaccompanied and separated children in the Republic goes mostly unnoticed. Under the migration framework, documentation to regularise a foreign child’s stay is either derived from a parent, or requires significant financial support, and/or legal intervention, to obtain. The article finds that unaccompanied and separated children struggle to meet the requirements set to regularise their stay once in the Republic. In a society where the ability to exercise basic human rights is intrinsically linked to identification documentation, the few options available to unaccompanied and separated children make this group highly vulnerable to exploitation, destitution, abuse, neglect, statelessness and under-development, due to restricted access to education and essential services.

A Provision to Suspend, Extend or Exclude the Statuteof Limitations and Its Untrue Retroactive Effect - Supreme Court Decision 2015Do1362 Decided May 28, 2015 -

A Provision to Suspend, Extend or Exclude the Statuteof Limitations and Its Untrue Retroactive Effect - Supreme Court Decision 2015Do1362 Decided May 28, 2015 -

A Provision to Suspend, Extend or Exclude the Statuteof Limitations and Its Untrue Retroactive Effect - Supreme Court Decision 2015Do1362 Decided May 28, 2015 -

A Provision to Suspend, Extend or Exclude the Statuteof Limitations and Its Untrue Retroactive Effect - Supreme Court Decision 2015Do1362 Decided May 28, 2015 -

The Complementarity Regime of the International Criminal Court in Practice: Is it Truly Serving the Purpose? Some Lessons from Libya

AbstractThe interplay between the International Criminal Court (ICC) and domestic jurisdictions under the complementarity regime has unveiled statutory and policy limitations. These loopholes became vivid when the ICC faced new complex situations that were not initially envisaged by the drafters of the Rome Statute. On the practical side, the Libyan situation revealed setbacks and shortages in the policy(ies) adopted by the ICC. The first of these setbacks is the apparent lack of a coherent strategy on positive complementarity as invoked by (some) organs of the Court. The second aspect is the Court's adoption of a restrictive interpretation of the constituencies of the complementarity regime, making it extremely difficult even for some willing and able states to exercise their primary duty to prosecute core international crimes.The unfortunate loose interpretation of ‘unavailability’ that the ICC has developed has led to inaccurate interpretations of the complementarity mechanism in certain situations, such as Libya. Furthermore, the fair trial standards within the admissibility regime should not be exaggerated, but rather invoked to determine whether the state has a bona fide intention to investigate and prosecute these crimes. Contrary to some writers’ interpretation, this is an objective test of intention, not one of relativity or specific result.The ICC practice has shown a patchy approach that lacks a consistent and clear vision of its relation with domestic jurisdictions. While the ICC has not missed every opportunity to hail its commitment to positive complementarity, the reality is that the Court seems keen on understanding its success through conducting more international prosecutions.

Common Law Copyright

Sound recordings made before 1972 are governed by a confusing array of state-law protections, the most notable of these being common law copyright. Although frequently treated as a pre-publication version of statutory copyright, common law copyright has less in common with statutory copyright than is generally assumed, and these differences have real effects on copyright holders and broadcasters. This piece aims to take the measure of common-law copyright and demonstrate that it is a substantially broader doctrine than statutory copyright in terms of what rights it grants to creators. Particular attention is paid to the right of public performance at common-law, which does not obey statutory limitations but instead offers blanket protection to rights holders.

The problems of application of administrative responsibility for violation of restrictions on classes other paid work or business activity

The article analyzes the judicial practice in cases related to violation of statutory restrictions on employment in other paid or business activity, and provided address certain main issues of this kind of administrative offense. Among the preventive anti-corruption mechanisms, directed to prevent corruption of the system in Ukraine, distinguishes restrictions on pluralism and the combination with other activities that establish for persons authorized to perform function of state or local government. Violation of restrictions on employment in other paid activity (except teaching, research and creative activities, medical and judicial practice, the practice of sports instructor) or business activities constitute an administrative offense and are the basis for the use of administrative penalty in the amount of 300 to 500 non-taxable minimum incomes of citizens with confiscation of the revenue from business or part of remuneration. Prepared article is the result of careful analysis of judicial practice, considering this category of cases. Found that in practice remains controversial issues of the term "combining". Separate decisions by judges about dismiss the case in violation of restrictions on combining individual in not the main place of job. It was found the fact of unequal application of the law on the establishment of the remuneration in combining job and the question about confiscation. Criticism of the authors is the practice of courts in deciding administrative cases involving violation of the restrictions on employment in other paid or entrepreneurial activity, limited by using of administrative penalty kick onlyin the basisformalities of crime. It is proposed that in a situation where it is not possible to establish the amount of the consideration received or business income or failure to obtainthem, but the proof of intention the person compensated for the provision of services or profit goal (getting undue advantage), adjudicationmust necessarily reflect the fact of "missing subject to confiscation".