Unfair Behavior Research Articles

Abuse of the right to prosecution in criminal proceedings: The experience of Ukraine and the United States

Unfair use of the prosecutorʼs discretionary powers leads to violations of the rights, freedoms, and legitimate interests of a person. Examining the main ways of abusing the right to prosecution will help prevent negative manifestations in criminal proceedings that hinder the performance of its tasks. The purpose of the study is to identify specific examples of unfair behaviour by prosecutors in Ukraine and the United States during criminal proceedings. The paper uses a set of methods of scientific knowledge: abstraction, analysis, synthesis, comparative legal, formal legal, modelling methods. Some aspects of the implementation of criminal prosecution as the main procedural function of the prosecutor are examined. The main structural elements of the prosecutorʼs activity in the implementation of criminal prosecution and methods of abuse of discretionary powers in the implementation of this function are analysed. Examples of abuse of the right to prosecution are given both in Ukraine and in the United States. Separate criminal cases were considered, in which higher courts concluded that the prosecutor was abusing their right to prosecution (criminal prosecution). The legislation and legal positions of the highest court of the United States were used to compare and consider best practices. It is noted that although the American and Ukrainian models of criminal justice differ in many (primarily, formal) ways, they are based on numerous joint democratic and humanistic principles that serve to achieve justice in the field of countering crime. The need to take legitimate response measures when the prosecutor exercises their discretionary powers is justified. It is concluded that abuse of the right to prosecution exists by public prosecutors in criminal proceedings both in Ukraine and in the United States. It is demonstrated that the methods of such abuses are virtually the same and lead to violations of the rights, freedoms, and legitimate interests of participants in criminal proceedings, harm justice, and lead to a loss of public confidence since the discretionary powers granted to the prosecutor are often directed to convict and punish a person instead of searching for the truth, establishing justice. The conducted study will contribute to the development of measures to prevent the prosecutors from abusing the rights granted to them

The Lithuania-China Row: The European Union’s Search for a Strategy and Instruments to Deal With China

The increasing use of measures of economic coercion by China has caused its trading partners to review their close trade ties with that country as well as their ability to resist such pressure. In December 2022, the European Union (EU) requested that the World Trade Organization (WTO) adjudicate its dispute with China regarding restrictive trade measures China had imposed on Lithuania in response to its foreign policy actions that were not to China’s liking. The EU also drafted new legislation – the Regulation of the European Parliament and of the Council on the Protection of the Union and its Member States from Economic Coercion by Third Countries – to deter third countries from applying coercive measures that target the EU and its Member States. This paper considers the new instrument in the context of the EU’s evolving ‘economic de-risking’ strategy on China and a wide range of measures aimed at protecting the common market from the unfair behaviour of China and other states and reducing the EU vulnerability vis-à-vis economic and security threats. The EU’s ability to deter states from applying coercive measures against it hinges upon its ability to strengthen its market power and to use the new instrument when necessary. economic coercion, countermeasures, EU Anti-coercion Instrument, China, World Trade Organization, European Union, economic ‘de-risking’ strategy, regulatory sovereignty, selfreliance, international law

Comparative Study of the Impact of Corruption on the Human Development Index

The problem of corruption in state bodies remains one of the main ones regarding qualitative economic development. The reason for this is the significant negative impact of this phenomenon on the standard of living of citizens and the efficiency of the functioning of state bodies. However, the strength of such interaction may differ depending on the country and how conscientiously the employees of its state apparatus carry out their work. Thus, it is relevant to analyze the impact of corruption on the standard of living of citizens, which in the framework of this study is defined as an index of human development. Many scientific methods were used during the work: analysis, deduction, and abstraction. As part of the study, the negative impact of corruption on some important social spheres, such as healthcare, education, and others, as well as on the income level of citizens and the development of the shadow economy, was analyzed. The impact of corruption on the indicators of the human development index and its individual components was assessed. Subsequently, it was shown that there is indeed a certain interaction between these variables, which once again speaks of the role of the fight against corruption in the country. Also, having assessed the state of combating the unfair behavior of civil servants in Kazakhstan, recommendations were prepared to counter this phenomenon. This work brings new knowledge in terms of assessing the impact of corruption on the development of the country and its citizens.

Особенности расчета начальных (максимальных) цен контрактов при осуществлении государственных закупок

Justification of the initial (maximum) contract price is one of the main tools used at the stage of supplier selec-tion. Establishing the marginal price of the contract has a significant impact on the quality of work performance, qualification of the supplier and, as a consequence, on the efficiency of budget financing utilization as a whole. The aim of the study is to analyze the correctness of the methods used in practice to calculate the initial (maxi-mum) prices of contracts enshrined in the regulatory legal acts of the Russian Federation. Thus, the methods of analysis, synthesis, abduction and comparison of the obtained mathematical calculations were used in the work. The documentation attached to the notices published in the Unified Information System justifying the cal-culation of the marginal price of various contracts has been analyzed. In the course of the analysis, the author calculated the coefficients necessary to decide on the acceptability of the values applied by customers at the stage of supplier selection, in particular, the coefficients of variation and mean square deviation used in the method of comparable market prices. The study identified cases of incorrect application of mathematical justi-fication models in determining the amount of funding aimed at realizing the objectives of budgetary institutions. Such incorrect application of models can lead to an increase in the cost of work and, as a result, the risks of unfair behavior of participants in the contract model.

Exploration of Embitterment among University Students: A Qualitative Study

Positive and negative feelings are felt by all of us in our lives. When an individual goes through an unjust, personal humiliating or hurtful event which results in psychological stress and even strong urge for revenge, the individual is suffering from embitterment (Linden, 2003). Students play vital role in make or break of any society. It is essential to address the emotional disturbances they might have. Current study explores the phenomenon of Embitterment in university students. Data was collected from students using Semi structured interviews. Thematic analysis was used for data analysis. Assessment of happenings in life of students, negative impacts of bad happenings and unfairness, positive and negative reactions to unfair behavior and ways to overcome it are discussed. It was concluded that if events in students’ life are looked into carefully then possible reactions can be identified. This way it leads to have more control on embittered mind and solutions can be found. This study will contribute in helping students for friendly atmosphere to grow academically and have a better life in general.

Generalizing across moral sub-domains: infants bidirectionally link fairness and unfairness to helping and hindering.

Across two experiments, we investigated whether infants use prior behavior to form expectations about future behavior within the moral domain, focusing on the sub-domains of fairness and help/harm. In Experiment 1, 14- to 27-month-old infants were familiarized to an agent who either helped or hindered another agent to obtain her goal. At test, infants saw the helper or hinderer perform either a fair or unfair distribution of resources to two recipients. Infants familiarized to helping looked longer to the unfair distribution than the fair distribution at test, whereas infants familiarized to hindering looked equally at both test events, suggesting that hindering led infants to suspend baseline expectations of fairness. In Experiment 2, infants saw these events in reverse. Following familiarization to fair behavior, infants looked equally to helping and hindering; in contrast, following familiarization to unfair behavior, infants looked significantly longer to helping than hindering on test, suggesting that prior unfair behavior led infants to expect the agent to hinder another agent's goals. These results suggest that infants utilize prior information from one moral sub-domain to form expectations of how an individual will behave in another sub-domain, and that this tendency seems to manifest more strongly when infants initially see hindering and unfair distributions than when they see helping and fair distributions. Together, these findings provide evidence for consilience within the moral domain, starting by at least the second year of life.

Добросовестность при исполнении контрагентом договорных обязательств, на примере договора НИОКР

The postulate embedded in the civil legislation – good faith in actions – as a parameter that models the behavior of participants in civil turnover stimulates the development of behavior in which none of the participants in the obligation can take advantage of deliberately maneuvering in a situation of regulatory gaps. Representing an evaluation category without clear criteria, the content of the principle of good faith is formed under the influence of legal doctrine and law enforcement practice. In the conditions of a legal gap in regulating the time of an R&D contract performance and the acceptance of the result of the work performed, the customer’s bad faith, expressed in delaying the acceptance of the work, or the refusal of the results on far-fetched pretexts, is not uncommon. The purpose of the research is to study the legislative and law enforcement aspects of the customer’s unfair behavior in R&D contracts at the time of their execution, as well as to develop proposals for improving civil legislation. Methods. The methodological framework for the research is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization, and comparative jurisprudence. Results. In the activities of companies related to the performance of work under R&D contracts, the problem of the customer’s bad faith at the time of contract execution and the acceptance of the work performed belongs to the category of urgent, as numerous judicial practices abound. Proactive, preventive measures on the part of the contractor, expressed in a more detailed elaboration of the terms of the contract, do not have a positive effect and are not a guarantee of the contractor’s security. The author analyzes the current judicial practice on economic disputes for the possibility of applying the rules on the analogy of the law in the conditions of the gap in the civil legislation on the unilateral signing of the act (Chapter 37 of the Civil Code of the Russian Federation). Currently, there are two polar approaches in the legal realization sphere: 1) the rule on signing an unilateral act as a highly specialized one can be applied exclusively in the form of a construction contract (negative approach); 2) following the principles of fairness and reasonableness enables the contractor under an R&D contract to apply the provisions of Article 753 of the Civil Code of the Russian Federation to protect his interests (positive approach). Conclusions. The existing legislative gap in the formation of diametrically opposite ways of resolving judicial conflicts and the duality of judicial practice should be resolved exclusively at the legislative level by amending Paragraph 1 of Chapter 37 of the Civil Code of the Russian Federation. In particular, Paragraph 2 of Article 720 of the Civil Code of the Russian Federation should be supplemented with the following content: “The submission of the working results by the contractor and its acceptance by the customer are executed by an act signed by both parties. If one of the parties refuses to sign the act, a note about it is made therein, and the act is signed by the other party.”

Pasien Positif Covid-19 sebagai Liyan dalam Perspektif Etika Sartre

The theme of this research is "Covid-19 Patients as Lyan in Sartre's Perspective." This research was born from the struggle of researchers over the fact that in the current pandemic period, a lot of unfair behavior appears and undermines life with the community. This unfair behavior is especially experienced by Covid-19 patients in Malang. In this study, researchers want to conduct a comparative study of dehumanizing behavior towards Covid-19 patients in Malang in Sartrean Ethics. The methodology used in this research is qualitative research with field research. The theoretical basis in this study is the Lyan concept in Jean Paul Sartre's ethics which is compared with the dehumidification behavior of Covid-19 patients in Malang. The research data were obtained through interviews with three research subjects and supported by several realities from supporting sources. This study found that Covid-19 patients had been used as Other by members of the public. Covid-19 patients are referred to as other because they often receive dehumanizing treatment from the community. Their families are also often treated unfairly by being expelled, berated, and humiliated even though they are part of the local community, and they are not Covid-19 patients either.

Abuse of Procedural Rights as a Basis for Liability in Civil Proceedings

The article discusses the concept of "abuse of procedural law", as well as the issues of applying liability measures for unfair behavior. The need that has arisen in practice to prevent abuses on the part of participants in civil proceedings in the exercise of their procedural rights and obligations, due to the necessity to ensure proper implementation of norms of procedural legislation justice in civil cases by courts of general jurisdiction, determines the relevance of this research. It is aimed at drawing conclusions to improve the measures of responsibility for abuse of procedural rights in the framework of the right to judicial protection. In order to achieve this goal, an analysis of the civil procedural legislation of the Russian Federation was carried out, as well as the foreign experience of a number of countries on the application of liability measures for abuse of procedural rights by participants in the judicial process was considered.

Malpractice Detection Using Machine Learning

Cheating during exam is unfair behaviour of the students. This becomes disadvantage for other students who do not cheat and work hard to study. This project is meant to detect the suspicious activities of the students who intend to cheat during exams. This project is useful in educational institutions where in invigilators are not able to detect the cheating done by students in the exam hall. This project has two phases namely, training phase and the testing phase. The dataset is a pre-recorded video of students which is captured in real time. This system works well with live web camera input also. The algorithm used is DenseNet121.This system predicts three kinds of activities such as turning around, passing of paper and a normal activity differentiated by RGB colours.

Supervision of the Bank of Russia over unfair practices in the field of consumer protection of financial services

The article is an analysis of the work of the Bank of Russia in the field of determining unfair behavior patterns in the financial market. The author examines the positions of the Bank of Russia and researchers on the identified signs of unfair actions in the behavior of financial market entities, and analyzes them. The article also examines the existing problems in this area and suggests ways to solve them. The research is relevant and can be useful for professionals in the field of financial regulation and for anyone interested in the security and stability of the financial market. In the article "Definition of unfair practices in the framework of the supervision of the Bank of Russia over the behavior of financial market entities." an analysis of opinions on the establishment of signs of unfair activity in the financial market was also carried out. The scientific novelty of the article lies in the fact that the authors conduct research and analysis of existing practices and scientific opinions on the signs of unfair practices that violate the rights of consumers of financial services. They pay attention to the problems associated with unfair practices. The authors propose a definition of unfair practices in the financial market. The authors analyze the signs of unfair behavior of financial market participants and offer new ideas and recommendations for effective detection and prevention of unfair practices. Their research contributes to the development of the field of consumer protection of financial services and can become the basis for further research and practical measures in this area.

Application of rational choice theory in the framework of regulation of relations arising in the sphere of entrepreneurial activity in financial markets

The subject of the study is to assess the possibility and effectiveness of applying the theory of rational choice in the field of law. Within the framework of this work, the issues of topical problems of applying the theory of rational choice in the field of entrepreneurship in financial markets are raised, as well as the question of which model of rational choice is the most preferable for increasing the effectiveness of legal regulation of entrepreneurial activity in financial markets.General aspect of the research: the context of the development of interdisciplinary research at the intersection of economics and law, "economic analysis of law", behavioral economics, rational choice theory. Theoretical aspect of the study: substantiation of the possibility and expediency of applying the model of strict rationality in the framework of legal regulation of entrepreneurial activity in financial markets. Within the framework of this work, a conclusion is made about the expediency of applying a model of strict rationality in assessing the behavior of entities engaged in entrepreneurial activity in financial markets. As a result of the application of this model of strict rationality, a new horizon of opportunities opens up for the law enforcement officer to create indicators for assessing the unfair behavior of business entities in financial markets through the introduction of tools of economic science. In particular, it opens up the possibility of using ex ante analysis, which classically includes mathematical analysis and, accordingly, the tools of cooperative game theory, in particular, the Nash equilibrium method. The identification of various behavioral anomalies in the analysis of the relations of financial market participants will allow us to create a method of preventive detection of potential risks associated with the actions of business participants in financial markets, which may be recognized in advance as unfair.

Data-driven evolutionary game models for the spread of fairness and cooperation in heterogeneous networks.

Unique large-scale cooperation and fairness norms are essential to human society, but the emergence of prosocial behaviors is elusive. The fact that heterogeneous social networks prevail raised a hypothesis that heterogeneous networks facilitate fairness and cooperation. However, the hypothesis has not been validated experimentally, and little is known about the evolutionary psychological basis of cooperation and fairness in human networks. Fortunately, research about oxytocin, a neuropeptide, may provide novel ideas for confirming the hypothesis. Recent oxytocin-modulated network game experiments observed that intranasal administration of oxytocin to a few central individuals significantly increases global fairness and cooperation. Here, based on the experimental phenomena and data, we show a joint effect of social preference and network heterogeneity on promoting prosocial behaviors by building evolutionary game models. In the network ultimatum game and the prisoner's dilemma game with punishment, inequality aversion can lead to the spread of costly punishment for selfish and unfair behaviors. This effect is initiated by oxytocin, then amplified via influential nodes, and finally promotes global cooperation and fairness. In contrast, in the network trust game, oxytocin increases trust and altruism, but these effects are confined locally. These results uncover general oxytocin-initiated mechanisms underpinning fairness and cooperation in human networks.

Achieving descriptive accuracy in explanations via argumentation: The case of probabilistic classifiers.

The pursuit of trust in and fairness of AI systems in order to enable human-centric goals has been gathering pace of late, often supported by the use of explanations for the outputs of these systems. Several properties of explanations have been highlighted as critical for achieving trustworthy and fair AI systems, but one that has thus far been overlooked is that of descriptive accuracy (DA), i.e., that the explanation contents are in correspondence with the internal working of the explained system. Indeed, the violation of this core property would lead to the paradoxical situation of systems producing explanations which are not suitably related to how the system actually works: clearly this may hinder user trust. Further, if explanations violate DA then they can be deceitful, resulting in an unfair behavior toward the users. Crucial as the DA property appears to be, it has been somehow overlooked in the XAI literature to date. To address this problem, we consider the questions of formalizing DA and of analyzing its satisfaction by explanation methods. We provide formal definitions of naive, structural and dialectical DA, using the family of probabilistic classifiers as the context for our analysis. We evaluate the satisfaction of our given notions of DA by several explanation methods, amounting to two popular feature-attribution methods from the literature, variants thereof and a novel form of explanation that we propose. We conduct experiments with a varied selection of concrete probabilistic classifiers and highlight the importance, with a user study, of our most demanding notion of dialectical DA, which our novel method satisfies by design and others may violate. We thus demonstrate how DA could be a critical component in achieving trustworthy and fair systems, in line with the principles of human-centric AI.

Moral transgression modulates fairness considerations in the ultimatum game: Evidence from ERP and EEG data

People tend to dislike and punish unfair behaviors in social interactions, and this disposition may be moderated by the characteristics of their interaction partner. We used a modified ultimatum game (UG) to investigate players' responses to fair and unfair offers from proposers described as having performed either a moral transgression or a neutral behavior, and recorded an electroencephalogram. The participants' behavior in the UG suggests that people quickly demand more fairness from proposers who have committed moral transgressions rather than neutral behavior. Event-related potentials (ERPs) revealed a significant effect of offer type and of proposer type on P300 activity. The prestimulus α-oscillation power in the neutral behavior condition was significantly lower than that in the moral transgression condition. The post-stimulus β-event-related synchronization (β-ERS) was larger for the moral transgression condition than the neutral behavior condition in response to the least fair offers, and larger for neutral behavior than the moral transgression condition in response to the fairest offers. In summary, β-ERS was influenced by both proposer type and offer type, which revealed different neural responses to the offer from either a morally transgressive or a neutral behavior proposer.

Game-theoretic approach in law

The article is devoted to the study of the possible application of game theory for the purposes of lawmaking and law enforcement. The purpose of the study is to identify the conditions and limits of the application of the game theory to situations with legal content. It is proved that the legal behavior of the subject can be evaluated through the prism of the axiom of completeness, transitivity, continuity, substitution and independence, and the result can be used in determining the criterion of ''rationality of behavior'', when fixing the presence or absence of signs of unfair behavior, abuse of law. The author comes to the conclusion that the incompleteness of the legal theory of games, which is expressed in the limited situations to which it can be applied, does not detract from its significance as an analytical tool, the results of which should be interpreted taking into account other methods of analyzing legal matter and situations of legal content.

Защита прав предпринимателя от злоупотребления потребителями своими правами

The object of the study is a set of legal relations arising between a consumer and an entrepreneur, within which the abuse of the right by a weaker party of such legal relations is possible. The subject of the study is the norms of civil legislation enshrining the rights of participants in legal relations in this sphere. In the context of protecting the right, the authors investigate the legal categories forming the basis of legal relations with the consumer’s participation. The ambiguity of the interpretation of civil legislation applied in practice determines the expediency of a deep comprehensive theoretical study of the ways of abuse of the right by consumers. The work indicates that, despite the fact that a consumer should not have special knowledge when purchasing a particular product or service some requirements for reasonableness and conscientiousness are still imposed on consumer behavior. The analysis of judicial practice allowed concluding that consumer’s unfair behavior can serve as a basis for refusing to protect his or her rights, which was repeatedly pointed out in court rulings. The authors identified six groups of ways of abuse of the right by a consumer and presented the ways to solve the problems caused by their spread. In particular, the authors propose to unify the legislation on the system of quality of products manufactured by entrepreneurs through the creation of a single document defining the parameters of its quality. The authors consider it necessary to bring Article 10 of the RF Civil Code in line with the current reality, as it has not been edited for more than ten years.

ПРОБЛЕМЫ ПОТРЕБИТЕЛЬСКОГО ЭКСТРЕМИЗМА И НЕДОБРОСОВЕСТНОГО ПОВЕДЕНИЯ ПОКУПАТЕЛЕЙ В ИНТЕРНЕТ-ТОРГОВЛЕ

This article is devoted to the issues of characterization of the concept of “consumer extremism” in relation to the field of online commerce. It is emphasized that the problem of consumer extremism is being actualized due to the growth of the e-commerce market and the development of the quality of delivery service. The concept of consumer extremism is clarified, the difficulties of distinguishing unintentional behavior and consumer extremism are described, and some of its characteristic manifestations are described. It is revealed that consumer extremism has a dual side, when on the one hand it is a consequence of abuse of rights, while on the other hand it is used by the seller himself to characterize negative reviews of his own products, refusal to solve existing problems, harming competitors and their reputation. The article discusses specific cases of unfair behavior of buyers in online commerce, as well as possible ways to combat this phenomenon.

Criminal and legal consequences of unfair behavior of business partners

Criminal and legal consequences of unfair behavior of business partners

The Influence of Robots' Fairness on Humans' Reward-Punishment Behaviors and Trust in Human-Robot Cooperative Teams.

Based on social exchange theory, this study investigates the effects of robots' fairness and social status on humans' reward-punishment behaviors and trust in human-robot interactions. In human-robot teamwork, robots show fair behaviors, dedication (altruistic unfair behaviors), and selfishness (self-interested unfair behaviors), but few studies have discussed the effects of these robots' behaviors on teamwork. This study adopts a 3 (the independent variable is the robot's fairness: self-interested unfair behaviors, fair behaviors, and altruistic unfair behaviors) × 3 (the moderator variable is the robot's social status: superior, peer, and subordinate) experimental design. Each participant and a robot completed the experimental task together through a computer. When robots have different social statuses, the more altruistic the fairness of the robot, the more reward behaviors, the fewer punishment behaviors, and the higher human-robot trust of humans. Robots' higher social status weakens the influence of their fairness on humans' punishment behaviors. Human-robot trust will increase humans' reward behaviors and decrease humans' punishment behaviors. Humans' reward-punishment behaviors will increase repaired human-robot trust. Robots' fairness has a significant impact on humans' reward-punishment behaviors and trust. Robots' social status moderates the effect of their fair behavior on humans' punishment behavior. There is an interaction between humans' reward-punishment behaviors and trust. The study can help to better understand the interaction mechanism of the human-robot team and can better serve the management and cooperation of the human-robot team by appropriately adjusting the robots' fairness and social status.