Liability System Research Articles

Dialektychnyi kharakter yurydychnoi vidpovidalnosti za porushennia zakonodavstva pro zapobihannia vynyknenniu i poshyrenniu osoblyvo nebezpechnykh infektsiinykh khvorob

Legislation regulating public health relations in the direction of preventing the emergence and spread of infectious diseases, including those that are particularly dangerous, is analysed. The meaning of «system» is clarified. It is established that legal liability has the characteristics and properties of the system. With the help of a systematic approach, the relevance of the interaction of different types of responsibilities is substantiated. Attention is drawn to the tendency to expand the range of social relations governed by the rule of law, borrowing the rules of international law, the formation of complex branches of law. As a result, traditional sectoral types of legal liability are endowed with signs of intersectoral nature. It is proved that the responsibility for violating the legislation on prevention and spread of particularly dangerous infectious diseases is also endowed with signs of intersectoral, as its specific object is to protect public health from the emergence and spread of particularly dangerous infectious diseases and its provision is supported by the presence of different types of liability and types of offenses, which together form a single, holistic system of such liability. The criterion for distinguishing such a system has become the object of an offense. The close interdisciplinary connection between administrative and criminal responsibility is emphasized. Positive and negative approaches to the understanding of administrative and criminal liability in general, as well as in the field of occurrence and spread of particularly dangerous infectious diseases are researched. Emphasis is placed on the need to distinguish between the concepts of «responsibility» and «punishment». Arguments in favour of a broad approach to the interpretation of legal liability in general and to liability in this area are presented. Emphasis is placed on the need to rethink the dialectical connection between law and coercion, namely the need to understand responsibility not only as a control mechanism by the state, but also as a form of self-control of an individual, which later becomes his stable inner conviction.

Joint Resposibility System As The Key Success Of Women's Cooperative Setia Bhakti Indonesian East Java Woman

The aim of this study is to describe about the key success of women's cooperative “Setia Bhakti Wanita (SBW) Jawa Timur” which used a joint responsibility system to manage the cooperative’s business so becomes a big cooperative in East Java Indonesia. It also becomes a learning place for the joint liability system for other cooperatives. This research is a descriptive qualitative research. The outcomes of this study found that the key to the success of the SBW women's cooperative in managing the cooperative business is consistently implementing a joint responsibility system, do monitoring and mentoring, using joint liability as an organizational culture, giving education and training to member, knowledge sharing between members.

Medical Liability of the Vaccinating Doctor: Comparing Policies in European Union Countries during the COVID-19 Pandemic.

In 2020, the COVID-19 pandemic exhausted healthcare systems around the world, including European Union countries, with healthcare workers at the frontline. Therefore, new health laws and policies have been introduced at the national level in order to offer greater legal protection for health workers. Since the introduction of COVID-19 vaccination, it has led to the development of specific laws to define the compulsoriness for particular categories. This review aimed to evaluate the system of medical liability, focusing on the ten countries of the European Union with the highest rate of vaccination coverage against SARS-CoV-2. A country-by-country analysis was conducted on the different medical liability systems of individual professionals, in general, and with specific focus on the vaccinating doctors. Additional search was conducted to investigate which European states have introduced specific policies in this field, to identify the implementation of any new laws alongside the COVID-19 vaccination campaigns, and to assess which countries have adopted the European Digital COVID Certificate and funded specific compensation programs for COVID-19 vaccination. Our results highlight an extremely fragmented European scenario; therefore, this work could be a starting point to define a common approach for medical liability and related policies in the COVID-19 pandemic.

Criminal Liability of Political Parties from the Perspective of Anti-Money Laundering Act

This research addresses the questions on, among other things, criminal liability of political parties from the perspective of the Law on the Prevention and Eradication of Criminal Acts of Money Laundering and the models of criminal liability of political parties with respect to criminal acts of money laundering. The juridical-normative research method used shows that political parties have met the criteria as corporations, being groups of people or assets to which the corporate criminal liability system applies. The fault of a political party in criminal acts of money laundering can be viewed through the actions of its administrators being a systemically integral part of the party as they have been given the roles by the party for the benefit of the party. The first conclusion is that a political party can be held criminally liable for criminal acts of money laundering. Secondly, the models of criminal liability of a political party in criminal acts of money laundering comprise (1) the model of criminal liability under Law No. 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Money Laundering. (2) Administrative model guided by the principle of systematiche specialiteit and the method of economic analysis of law approach through the Political Party Law. (3) Restorative justice model in the form of dual track system. This model is the alternative companion to the penal justice system, namely the criminal model and administrative model.

The problem of assessing the economic consequences from chemical pollution of surface water

Purpose. Analysis of domestic and foreign experience in solving the problem of chemical pollution of surface waters and improving the existing "Methodology for calculating the amount of compensation for damages caused to the state as a result of violations of legislation on protection and rational use of water resources." Methods. Information analysis, theoretical and calculation, systems analysis. Results. In European countries, the assessment of the economic consequences of chemical pollution of surface waters is based on the provisions of Directive 2004/35 / EC "On environmental liability with regard to the prevention and remedying of environmental damage". The implementation of this Directive is carried out by creating a system of environmental liability based on the "polluter pays" principle not only for non-compliance with the limit of discharge of pollutants into water bodies, but also for violation of the properties and nature of aquatic ecosystems and their restoration. It is established that the consequences of not all forms of environmental damage can be eliminated by using the mechanism of environmental responsibility. For this mechanism to be effective, one or more sources of pollution must be identified, the damage must be specific and calculable, and a causal link must be found between the damage and one or more identified sources of pollution. In addition, liability is not an appropriate tool for large-scale, diffuse pollution, when it is impossible to establish a link between negative environmental impacts and the actions or inaction of certain individuals. Based on the analysis of national regulations and methodological approaches to assessing the economic consequences of chemical pollution of surface waters in European and other foreign countries, an algorithm is proposed to take into account the levels of acute lethal toxicity of return waters. Conclusions.. The algorithm for assessing the environmental impact of chemical pollution of surface waters must take into account the provisions of Article 16 of WFD 2000/60 / EC "Strategies against water pollution", in particular in paragraph 1.2.6 of Annex V "Surface water status" emphasizes " obtain data on the acute and chronic effects of chemical pollution of surface waters on the representatives of the "basic set of taxa" - algae, crustaceans and fish.

Patient Safety and Legal Regulations: A Total-Scale Analysis of the Scientific Literature.

The aim of the study was to quantitatively analyze the scientific literature landscape covering legal regulations of patient safety. This retrospective bibliometric analysis queried Web of Science database to identify relevant publications. The identified scientific literature was quantitatively evaluated to reveal prevailing study themes, contributing journals, countries, institutions, and authors, as well as citation patterns. The identified 1295 publications had a mean of 13.8 citations per publication and an h-index of 57. Approximately 78.8% of them were published since 2010, with the United States being the top contributor and having the greatest publication growth. A total of 79.2% (n = 1025) of the publications were original articles, and 12.5% (n = 162) were reviews. The top authors (by number of publications published on the topic) were based in the United States and Spain and formed 3 collaboration clusters. The top institutions by number of published articles were mainly based in the United States and United Kingdom, with Harvard University being on top. Internal medicine, surgery, and nursing were the most recurring clinical disciplines. Among 4 distinct approaches to improve patient safety, reforms of the liability system (n = 91) were most frequently covered, followed by new forms of regulation (n = 73), increasing transparency (n = 67), and financial incentives (n = 38). Approximately 78.8% of the publications on patient safety and its legal implications were published since 2010, and the United States was the top contributor. Approximately 79.2% of the publications were original articles, whereas 12.5% were reviews. Healthcare sciences services was the most recurring journal category, with internal medicine, surgery, and nursing being the most recurring clinical disciplines. Key relevant laws around the globe were identified from the literature set, with some examples highlighted from the United States, Germany, Italy, France, Sweden, Poland, and Indonesia. Our findings highlight the evolving nature and the diversity of legislative regulations at international scale and underline the importance of healthcare workers to be aware of the development and latest advancement in this field and to understand that different requirements are established in different jurisdictions so as to safeguard the necessary standards of patient safety.

Designing a System of Contractual Liability: Jacques Cujas Inspired by Roman Law

Abstract Jacques Cujas is one of the most respected and esteemed jurists in Western legal tradition. According to prevailing views, he was primarily focused on the interpretation of Roman law. However, this perception does not take fully into account the diversity of his contributions. Preliminary results arising from this research article indicate that under the veil of the reconstruction of ancient Roman law, Cujas presented new ideas and challenged traditional ways of approaching risk and liability. His innovative interpretation of a crucial classical text about liability rules was not limited to historical explanations of Roman law, but instead was intended to find practical solutions. The result was the first coherent liability system based on an improved reading of the Digest. This pilot study focuses on the process of designing a system of contractual liability. The research is based on the analysis of Cujas’s creative interpretation of a cornerstone text about Roman liability rules. It shows how recourse to the humanist method led to a profound change in the interpretation of fundamental legal concepts. In his commentary on classical liability standards (D.50.17.23), Cujas added several contracts that were unknown to Roman law (eg the contract of divorce). Moreover, he held that a group of four legal relationships (mandate, managing of others’ affairs, loan for use, and guardianship) should include an extremely high standard of liability. The author also redefined remaining liability criteria and allocated them to particular contracts. Thus the study argues that one of the most respected members of the historical school of French legal humanism was at the same time an ingenious liability system designer. Further research will determine if and how consistently Cujas applied this system throughout his work.

Administrative arrest in the administrative liability system of Ukraine

Administrative arrest in the administrative liability system of Ukraine

Study on the Criminal Law Regulation of Online Rumors Insulting "Strangers"

According to the annual legal supervision cases released by the Supreme People's Court of the People's Republic of China in recent years, the online rumors insulting strangers based on their characteristics, which damages the strangers' reputation, will be identified as crime of defamation. The criminal law regulation is significant in this regard, and based on the certain civil liability system, this act should be defined as crime of defamation since it infringes people's fame and dignity. As for the infringement of legal interests, the act of starting a rumor, in essence, matches with the definition of the crime of picking quarrels and provoking trouble, which refers to those acts of fabricating and intentionally spreading false information and seriously disturbing social order. When both the indictment criteria for defamation and the criterion of serious disruption of public order are met, the imaginative joinder offenses arise.

Medicaid expansion, tort reforms, and medical liability costs

AbstractThis paper examines the impacts of the Affordable Care Act (ACA)'s Medicaid expansion and tort reforms on the medical liability system. Medicaid expansion increased the demand for medical services, but in doing so it may also increase physicians' medical liability. By studying malpractice costs to insurers, medical practitioners, and hospitals in the United States in 2010–2018, we find insurers in Medicaid expansion states experienced higher medical liability costs than those in nonexpansion states. Medical practitioners paid higher premiums in expansion states but the premium increase was not enough to fully offset rising costs. In addition, we do not find that tort reforms mitigated ACA‐induced malpractice liability costs. We show this is because Medicaid expansion increased malpractice costs mainly by increasing claim frequency while tort reforms generally reduce claim severity. We also find little evidence that hospitals paid higher malpractice insurance premiums to insurers or self‐insurance programs, or incurred higher out‐of‐pocket medical liability losses after Medicaid expansion.

Heterogeneity in the Effects of Group Lending in Microfinance-The Case of Mongolia

This study examines the heterogeneity of the effects of the joint and several liability systems of microfinance in Mongolia. The heterogeneity was examined from three perspectives: consumption, repayment rate, and income. In terms of business income and business expenditure, the older the household, the greater the number of loans, and the more private businesses the household owns, the greater the business expenditure. For household consumption, there is no difference between group and individual lending except in the number of private businesses, but when we restrict the analysis to food consumption, group lending increases food consumption more for households with more than one borrower and borrowers with longer borrowing periods. While more variable heterogeneity was found for the whole sample, only age and borrowing duration were found to affect household income across different types of microfinance for the poorest households with below median household income. The results of this study suggest that even if there was no significant difference in each attribute between the treatment and control groups, joint and several liabilities may or may not be effective depending on the level of the attribute. To maximize the effect of a simple measure, it is important to understand the factors that affect heterogeneity and the effective level of the heterogeneity. Even if a measure is not effective, it may become effective if the level of the attribute changes.

System of legal liability in the context of political science of law (a first approximation)

Theoretical and empirical data indicate the need to recognize the value and applicability of the political science tools of law in legal research. Determination of the scientific status of political science of law as an element of the general theoretical science of law or an independent science at the initial stage of approbation of its methodological prospects is not an end in itself. The article attempts to initially understand the political content of legal liability and its system at the normative and individual levels of legal regulation using the methods of political science of law. Based on the analysis of social and political practice, domestic and foreign conceptual ideas, as well as the provisions of the current legislation of Russia and the specifics of its application, the author comes to the conclusion that political and legal reality deeply penetrates into the structure of the phenomenon of the system of legal liability. By defining the boundaries of the political element, areas of contact of the legal liability system with the socio-political sphere in the general context of the legal formation process, assessment of the regulatory impact and the degree of effectiveness of law enforcement are identified. The problem areas of the system of legal liability are revealed, requiring the application of the methods of political science of law and the imposition of the model of the legal process, mediating the consolidation and realization of liability, on the model of the political process. The prospects are established and the expected results of the use of political and legal analysis, political and legal modeling, political and legal experiment and a comparative political and legal method in relation to the subject of research are formulated.

Konkurencija ugovorne i vanugovorne odgovornosti za štetu u pravu Srbije - s osvrtom na mađarski Građanski zakonik iz 2013. godine i Projekat reforme francuskog Građanskog zakonika iz 2017. godine

In the Serbian literature the issue of the overlap between contractual and liability in tort has been thoroughly discussed. The majority of references state that the differences between the two regimes of liability outweigh their common features, thus separate sets of rules should exist governing each. There are authors who claim that differences are not of such significance so as make the integral concept of liability for damage senseless, hence they support the idea of regulating both regimes of liability by a single set of rules. The effective Obligations Act of 1978 is in line with the majority opinion, since it envisages different sets of rules for each regime of liability. Taking into account the existing duality of the rules in the Act, which significantly differ on major points, the key issue is the overlap of contractual and tortious liability, namely rules of which system of liability should apply if the injured party may base their claim on both (so-called concurrency of claims). Lacking an explicit rule in the Obligations Act, the majority asserts that the regime more favorable to the injured party should apply, which corresponds to the German solution. The inspiration for this paper is found in the new Hungarian Civil Code from 2013 which, in contrast to its predecessor, the 1959 Civil Code, and the Serbian Obligations Act, contains an explicit rule on the concurrency of claims in contract and tort. It prescribes a mandatory application of the rules of contractual liability even when the inflicted damage supports the application of the rules of the liability in tort. Such an approach is in line with the French non-cumul doctrine. The aim of this paper is, on the one hand, to initiate a discussion whether it would be reasonable to have a statutory rule in the Serbian law regulating explicitly the issue of concurrency of claims in contract and tort. On the other hand, the paper highlights the reasons that led the legislator in Hungary to prohibit the concurrency of claims. The solution of the new Turkish Code of Obligations from 2011 is mentioned in the paper, as well, which also contains an explicit rule on this subject matter. However, it took a diametrically opposite standpoint as the Hungarian Civil Code: it explicitly enables competing claims not only in contract and tort, but according to any set of rules granting redress to the injured party. Finally, the paper gives a review of the Project of the Reform of the French Code Civil concerning the rules of the liability for damage from 2017. The Project envisaged a rule that would codify the traditional standpoint of the case law and doctrine on the exclusion of the concurrence of claims and mandates the application of the rules on contractual liability. The Project specifies, however, some major exceptions, when regardless of the existence of a contract between the parties, the rules of tortious liability apply. For the time being, however, it seems that a genuine will of the legislature is lacking to embody the Project in the amendments of the Code civil.

Current state and trends in the development of legislation to prevent corruption

The purpose of the study is to provide theoretical and legal and comparative legal analysis of the es-sence, content, modern trends and features of anti-corruption legislation, develop proposals for improving Ukrainian anti-corruption legislation. In the process of solving research problems, general scientific methods of cognition were used, in particular: analysis, synthesis, comparison, analogy, deduction, induction, abstraction; as well as special methods: comparative legal, legal-sociological, formal-legal, systematic method and the method of structural-functional analysis etc. The analysis of criminal law norms shows that the main trends in the modernization of the criminal legislation of Ukraine on re-sponsibility for crimes of corruption in general have a positive trend. At the same time, the criminal-legal impact on public relations associated with the commission of socially dangerous acts of a corrupt nature needs further improvement in order to prevent and timely suppress corruption crimes. In Ukraine, there are parallel systems of administrative and criminal liability for corruption-related offenses, which often leads to duplication and generally weakens the effectiveness of anti-corruption measures. In addition, the general anti-corruption laws adopted in Ukraine give the impression of a solid legal basis, but they are often inactive, since their provisions are not supported by sound law enforcement practice. Also, the anti-corruption experience of the proposed countries, such as Sweden, Finland, Germany and France really looks like a certain benchmark to which every country, including Ukraine, should strive and take example from them.

Intelligenza artificiale e responsabilità civile. Prospettive europee

The rapid and exponential development of digital technologies raises new issues of civil liability, with reference to decisions and behaviours taken by artificial intelligence systems that cause damage to the subjects with whom they interact. The contribution highlights how the regulatory proposals of the EU system envisage a multilevel system of liability of the subjects involved in the 'value chain' of artificial intelligence systems, inspired by the principles of prevention and precaution.  

Evaluating the Efficacy of Consumer Protection Act, 2019 in the Backdrop of Consumer Protection Act, 1986: An Empirical Study

This paper is conceptualized within the framework of liability system as an exchange system based on the ‘Law and Economics’ approach. It empirically measures, in percentage terms, the nature, types, causes, form and extent of harm faced by the consumer during transacting goods and services based on Consumer Protection Act, 1986 and the extent of redressal available to the consumer under Consumer Protection Act 1986 in order to evaluate the Consumer Protection Act, 2019 Act on efficiency parameters. The random sampling method has been applied to identify a total of 200 cases from the states of Kerala and Rajasthan over a three-year time line. The data analysis of the two states highlights significant reduction of transaction cost as well as efficient internalization of the harm in the Consumer Protection Act 2019 Act as compared to its 1986 counterpart; yet there are instances where 2019 can be made more efficient.

Risk Prevention And Control And Construction Path Of Criminal Compliance Of Construction Engineering Corporates

The corporate compliance system, an internal control mechanism to prevent, detect and stop illegal and criminal offences within a corporate, can serve to effectively solve potential criminal compliance risks in construction projects. The construction projects are characterized by their long-term, continuous and concealed nature. In addition, the system design of construction projects is limited by many factors, including the limitation of traditional centralized administrative mode, the absence of process supervision mechanism and reciprocal motivation mechanism, the complicated setting of supervision matters, the lack of reciprocity of the motivation mechanism and the dislocation of the main body in regulatory responsibilities. Such that, numerous violations of rules and regulations, including quality-centred disputes and safety accidents, keep coming up in the construction industry in China. Under the context of the co-development of economic and legal globalization, in order to prevent and control the potential criminal compliance risks of construction engineering corporates, it is necessary to construct compliance rules centred on supervision activities, form a corporate criminal offence and compliance identification mechanism, improve the corporate criminal liability system, establish corporate obligation and rules of criminal compliance, formulate measures for the dual models of punishment and incentive, and promote the construction and implementation of the corporate compliance system of the construction industry.

USA TAX INFRINGEMENTS: CIRCUMSTANCES AND CONSEQUENCES

Introduction. The article reveals the content of the violation of tax legislation. The main types of tax offenses are briefly identified and the essence of the application of sanctions is revealed. The circumstances under which penalties, fines, mitigating circumstances may be imposed and the amount of the sanction revoked / adjusted both in the United States and in Ukraine may be indicated. Methods. The study used general and special methods of cognition: systems analysis and synthesis, structural and functional method, deduction, logical research to reflect significant research results. Results. It is noted that the system of liability for violations of US tax law is enshrined in US law and the division of responsibilities is substantiated by the type of offense, the procedure for liability and the severity of sanctions for the act. All tax offenses in the United States are divided into crimes and offenses, in connection with which criminal and non-criminal liability (i.e. civil). It is determined that the responsibility for violating US tax law is manifested in two components: restorative and punitive. In the law of the USA (and Ukraine) situations of parallel or consecutive bringing both to criminal and civil liability are allowed. Discussion. There are no aggravating circumstances regarding civil liability in the United States, and with regard to criminal liability, the list of such circumstances is open, which, in particular, is not typical of Ukrainian regulation. This issue may become a prospect for development in Ukraine by public authorities. Keywords: taxes, tax liabilities, fines, sanctions, fines.

Α Tool for Litigation Risk Analysis for Medical Liability Cases

Mistakes in the context of medical care can occur anywhere in the healthcare system. On the one hand, the doctrinal uncertainties, which lie at the heart of the current medical liability system, combined with the inherent uncertainty of medical science and the human body’s complexity, create an extremely “foggy” landscape. On the other hand, litigation is not always effective. Thus, it is essential to cope with the uncertainties in a reasoned way. This paper presents a tool for litigation risk analysis in medical liability cases which permits identification of the multiple uncertainties that will affect the potential outcome and the exploration of their interrelationships. The basic uses, purposes and features of the tool will be presented. In addition, its core advantages as well as and its aims, benefits and financial/social/scientific impact will be discussed.

Limited Liability Principle to One-Tier System in Individual Company

The purpose of this study is to describe and analyze the characteristics of the one-tier system in an individual company following the enactment of Law Number 11 of 2020 concerning Job Creation (UU Cipta Kerja) and to analyze the legality of the principle of limited liability to the one-tier system in an individual individual company after the enactment of Law Number 11 of 2020 on Job Creation. The method used in this legal research is a normative method with a statute approach. Characteristics that can be seen from the one-tier system in this individual company includes, inter alia the establishment, capital, organs, shareholders and responsibilities. Meanwhile, the legality of the limited liability principal of the one tier system in an individual company can be seen in Article 153J paragraph (1) of the Job Creation Law, where it clearly states that principal. However, the limited liability system can only be apply to the one tier system in an individual company, as long as it obliges to the Article 153J paragraph (2) of the Job Creation Law.